HomeMy WebLinkAbout2009-11-17 ResolutionM-~~~ - -
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Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 09-349
RESOLUTION TO ISSUE DANCING PERMIT
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:
Summit Restaurant & Bar - 10 S. Clinton Street
Passed and approved this 17th day of N v tuber , 20 09
c
R
Appro d by
ATTEST: ,.~~ _~~ ~,!~ ~/ GSA
CIT CLERK City Attorney's Office is ~>/~~
It was moved by champion and seconded by Hayek the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
~ Champion
~_ Correia
x Hayek
_~ O'Donnell
x Wilburn
~_ Wright
-41=~~=05
M-~ 4d 1
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 09-350
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO THE RELEASE OF MORTGAGE FOR THE PROPERTY LOCATED AT 2673 INDIGO
COURT, IOWA CITY, IOWA.
WHEREAS, on July 14, 2006, Linda S. Tevepaugh executed a mortgage in favor of the City to
secure a loan to purchase 2673 Indigo Court through the Affordable Dream Home Program;
and
WHEREAS, Linda S. Tevepaugh has deeded the property back to the City in lieu of
foreclosure; and
WHEREAS, the mortgage should be released.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1 The Mayor is authorized to sign and the City Clerk to attest the attached Release of
Mortgage for recordation, whereby the City does release the property located at 2673
Indigo Court, Iowa City, Iowa from the mortgage recorded on July 19, 2006 at book
4056, page 99 of the Johnson County Recorder's Office.
2. The City Clerk is authorized and directed to certify a copy of this resolution for
recordation in the Johnson County Recorder's Office, together with the attached
Release of Mortgage, said recording costs to be paid by the City.
Passed and approved this 17th day of November , 2009.
ATTEST: ~.
CITY LERK
c
M
Approved b
City Attorney's Office
Resolution No. 09-350
Page 2
It was moved by Champion and seconded by Hayek the Resolution be
adopted, and upon roll call there were:
AYES:
x
X
x
x
~_
NAYS: ABSENT:
Bailey
Champion
X Correia
Hayek
O'Donnell
Wilburn
Wright
wpd ata/glossary/resolution-ic. d oc
Prepared by and return to: Susan Dulek, Asst City Att'y, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
Legal Description of Property: see below
Mortgagorlsl: Linda S. Tevepaugh
Mortgagee: City of Iowa City
RELEASE OF MORTGAGE
The City of Iowa City does hereby release the property at 2673 Indigo Court, Iowa City, Iowa, and
legally described as follows:
Lot 86, Whispering Meadows Subdivision, Part Two to Iowa City, Iowa according to the
plat thereof recorded in Book 34, Page 99, Plat Records of Johnson County, Iowa.
from a financial obligation of Linda S. Tevepaugh represented by a Second Mortgage dated July 14,
2006, recorded on July 19, 2006 at Book 4056, Pages 99-105 of the Johnson County Recorder's Office.
This obligation has been repaid and the property is hereby released from any liens or clouds upon title to
the above property by reason of said prior recorded document.
By:
By:
A~~~
City Attorney's Office
STATE OF IOWA )
)ss:
JOHNSON COLTNI'Y )
Karr, City Clerk
On this ~~ ~ day of rVD~EMB~!? , 2009, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Regenia D. Bailey and Marian 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
municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation
by authority of City Council of said municipal corporation; and that the said Regenia D. Baieey and Marian
K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal
corporati ~ly executed.
~q SGFtDRAE FORT Q~~ ~~
° ~~ Commission Number 159791 y
z My Commission Expires Notary Public in and for the State of Iowa
iow c~
~- ad 2
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO
09-351
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED AT 122 E. MARKET STREET, IOWA CITY, IOWA.
WHEREAS, on October 19, 2005, the owners executed a 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 122 E. Market Street, Iowa City, Iowa from a Mortgage recorded October 27,
2005, Book 3956, Page 554 through Page 558 of the Johnson County Recorder's Office.
Passed and approved this 17th day of November , 20~_
M
Ap o ed by
~~
ATTEST
,.
CITY LERK
t r" ~ ~ -°~
City Attorney's Office
It was moved by Champion. and seconded by xa~ek the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x Bailey
~ Champion
x Correia
x Hayek
x O'Donnell
~_ Wilburn
~ _ 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): Iowa B'nai B'rith Hillel Foundation, Inc. AKA Aliber/Hillel Jewish Student Center
Mortgagee: City of Iowa City
RELEASE OF L/EN
The City of Iowa City does hereby release the property at 122 E. Market Street, Iowa City, Iowa,
and legally described as follows:
East 17 feet of Lot 7 and Lot 8 of Block 77 of the Original Town of Iowa City, Iowa
from an obligation of the owners, Iowa B'nai B'rith Hillel Foundation, Inc. AKA Aliber/Hillel
Jewish Student Center, to the City of Iowa City represented by a Mortgage recorded October
27, 2005, Book 3956, Page 554 through Page 558 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recc
ATTEST: /~7lrriti~2r~ ~~ ~`~~`~
CITY ~CERK
STATE OF IOWA 1
1 SS:
JOHNSON COUNTY )
-I-~
City Attorney's Office
On this / 7 day of NOJEIV~~~'f2 , A.D. 20 t~, before me, the undersigned, a Notary Public in and for said
County, in said State, personally appeared Regenia D. Bailey and Marian 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. ~ 3S(, adopted by the City Council
on the ~? Th day Noy>;Mr3ER 20~ 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.
~~s SONDRAE FORT
i ~ Commission Number 159791 S'trn~ ~~
My Commission Expires Notary Public in and for Johnson County, Iowa
row p,~,
Approved by
~r 1 f - ~-~- ~~ ~
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Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION N0. Og-'i52
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES
FOR THE PROPERTY LOCATED AT 440 3RD AVENUE, IOWA CITY, IOWA.
WHEREAS, on October 9, 2003, the owner executed a Mortgage to secure a loan; and
WHEREAS, on February 3, 2004, the owner executed another Mortgage; and
WHEREAS, the loans have been paid off; and
WHEREAS, the City of Iowa City should release these liens.
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 Liens for recordation, whereby the City does release the property
located at 440 3rd Avenue from two Mortgages, recorded October 16, 2003, Book 3655,
Page 861 through Page 865, and recorded February 6, 2004, Book 3694, Page 311
through Page 315 of the Johnson County Recorder's Office.
Passed and approved this 17th days November
ATTEST:~1 '
CIT LERK
20 09
by
((-~~o~
City Attorney's Office
It was moved by Chamyion grid seconded by xayek the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
g Bailey
~_ Champion
~ Correia
x Hayek
~ O'Donnell
X Wilburn
~_ Wright
Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246
Legal Description of Property: see below
Mortgagorls): Denise J. Hutchinson
Mortgagee: City of Iowa City
RELEASE OF LIENS
The City of Iowa City does hereby release the following property located at 440 3rd Avenue,
Iowa City, Iowa, and legally described as follows:
All of Lot 8, in Block 20, in East Iowa City, Johnson County, Iowa, according to the
recorded plat thereof, excepting the north 45 feet thereof.
from an obligation of the owner, Denise J. Hutchinson, to the City of Iowa City represented by
two Mortgages, recorded October 16, 2003, Book 3655, Page 861 through Page 865, and
recorded February 6, 2004, Book 3694, Page 311 through Page 315 of the Johnson County
Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
ATTEST: ~~J 71 ~ ~~;~Gy'~
CITY CLERK
STATE OF IOWA )
1 SS:
JOHNSON COUNTY 1
f{
City Attorney's Office
On this ~7 day of ,VDJEMB~I= , A.D. 20 r ,before me, the undersigned, a Notary Public in and for said
County, in said State, personally appeared Regenia D. Bailey and Marian 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. u9-3r.X~,'adopted by the City Council
t
on the ~_ day DUFM13E2 20 Or 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.
i o~R'A~ s v SONDRAE FORT /
Z % Commission Number 159791 ~~trrr~nsti.2 ~er'V
My Commission Expires Notary Public in and for Johnson County, Iowa
iow as
~~" ad a
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION N0. 09-353
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED AT 2122 F STREET, IOWA CITY, IOWA.
WHEREAS, on April 14, 2009, the owner executed a Mortgage to secure a loan; and
WHEREAS, the loan has been paid off; and
WHEREAS, the City of Iowa City should release this 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 at 2122 F Street from a Mortgage, recorded April 20, 2009, Book 4423, Page
518 through Page 523 of the Johnson County Recorder's Office.
Passed and approved this 17th day o~ November , 20 09
MAJGO,F~/
l/// Appr v d b
c
ATTEST:
CITY ERK City Attorney's Office
It was moved by Champion and seconded by xavek the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
x Hayek
x O'Donnell
x Wilburn
g 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
Mortgagorls): Duveen E. Robinson
Mortgagee: City of Iowa City
RELEASE OF LIEN
The City of Iowa City does hereby release the following property located at 2122 F Street, Iowa
City, Iowa, and legally described as follows:
The East half of Lot 4 in block 16, in East Iowa City, Johnson county, Iowa, according to
the recorded plat thereof.
from an obligation of the owner, Duveen E. Robinson, to the City of Iowa City represented by a
Mortgage, recorded April 20, 2009, Book 4423, Page 518 through Page 523 of the Johnson
County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
ATTEST: ~ ~~~~~~J ~..1~
CITY LERK
STATE OF IOWA )
1 SS:
JOHNSON COUNTY )
City Attorney's Office
a~
On this ~ day of NCV~M862 , A.D. 20~, before me, the undersigned, a Notary Public in and for said
County, in said State, personally appeared Regenia D. Bailey and Marian 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.O~ 353, adopted by the City Council
on the ~ day NDu~M~B~R. 20 O~_ 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.
" ,~'^~ s SONDRAE FORT n ~~
i ~~ Commission Number 159791 Je„dnt~2
My Oommission Expires Notary Public in and for Johnson County, Iowa
ww 3 ~ ao i~
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aa s
Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139
RESOLUTION NO. 09-354
RESOLUTION ACCEPTING THE WORK FOR THE LOWER CITY PARK
TENNIS COURT AND BUILDING ELECTRICAL FLOOD REPAIR PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Lower City Park Tennis Court and Building Electrical Flood Repair Project, as included in a
contract between the City of Iowa City and Advanced Electrical Services, Inc. of Iowa City, Iowa,
dated September 14, 2009, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Engineer's office; and
WHEREAS, the final contract price is $7,284.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 17th day of
ATTEST: ~ ~ ~~C~:,c
CITY ERK
City Attorney's Office ~~~~ ~~n
It was moved by Champion and seconded by Hayek the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
x
NAYS: ABSENT:
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
Pweng/res/ten n iscourt. ddc
11/09
11-17-09
M~~ 4d 6
Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138
RESOLUTION NO. 09-"~55
RESOLUTION ACCEPTING THE WORK FOR THE 2009 PAVEMENT
REPLACEMENT FOR WATER MAIN PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
2009 Pavement Replacement for Water Main Project, as included in a contract between the City
of Iowa City and Feldman Concrete of Dyersville, Iowa, dated May 22, 2009, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Clerk's office; and
WHEREAS, the final contract price is $78,080.50.
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 17th day of N
MI
ATTEST:
CITY 'tERK
er , 20 09
~////~~/ ll~~i
Approved by ~
y4CLCU ~~~'~Lz~t ~fcf~?~
City Attorney's Office ~~ /~~~ ~
It was moved by Chamyion and seconded by Hayek the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x Bailey
x Champion
x Correia
x Hayek
~_ O'Donnell
x Wilburn
x Wright
Pweng/res/09Pavement-W atermain.doc
11!09
~~
as ~
Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138
RESOLUTION NO. 09-356
RESOLUTION ACCEPTING THE WORK FOR THE 2009 DURABLE PAVEMENT
MARKING PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
2009 Durable Pavement Marking Project, as included in a contract between the City of Iowa City
and DPLM, Inc. of Des Moines, Iowa, dated August 26, 2009, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Clerk's office; and
WHEREAS, the final contract price is $181,436.25.
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 17th day of
ATTEST: ~ 9C • ~ ~:tt ~ /'~l~tt'-~n.w~~? ~'fUt-~..
CITY ERK y City Attorney's Office ~, (~ fv
It was moved by Champion and seconded by xavek the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
x
~_
x
Pweng/res/09DurablePavementMkg. doc
11/09
NAYS: ABSENT:
Bailey
Champion
x Correia
Hayek
O'Donnell
Wilburn
Wright
~~ ;:1
--:,®,~r CiTY CAF ICJVtitA CITY
3,~~`~~ul~~`z
''~"`Tn'~'®"~ i
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Date: November 6, 2009
To: Dale Helling
From: Kim Sandberg,,
Re: Agenda Items
The following are costs associated with the Ca~ital Improvement Project being
presented for acceptance at the November 17t Council meeting:
1) 2009 Pavement Replacement for Water Main
Contractor: Feldman Concrete
• Project Estimated Cost: $ 170,000.00
• Project Bid Received: $ 90,072.50
• Project Actual Cost: $ 78,080.50
2) 2009 Durable Pavement Marking
Contractor. DPLM, Inc.
• Project Estimated Cost: $ 180,000.00
• Project Bid Received: $ 187,211.00
• Project Actual Cost: $ 181,436.25
3) Lower City Park Tennis court and Building Electrical Flood Repair
(Competitive Quotation)
Contractor: Advanced Electrical Service
• Project Estimated Cost: $ 25,000.00*
• Project Bid Received: $ 7,284.00
• Project Actual Cost: $ 7,284.00
*Estimate was based on FEMA estimates of project cost.
"'~ as 8
Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142
RESOLUTION NO. 09-357
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM
SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR LYTHAM
CONDOMINIUMS, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC
ACCESS AND USE.
WHEREAS, the Engineering Division has certified that the following improvements have been completed in
accordance with the plans and specifications of the City of Iowa City:
Sanitary sewer, storm sewer, and water main improvements for Lytham Condominiums,
as constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa.
Paving improvements for Lytham Condominiums, as constructed by Metro Pavers, Inc. of Iowa City,
Iowa.
WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and
WHEREAS, the traffic control signs have been installed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and
public improvements previously set aside as not being open for public access are hereby formally accepted
and declared open for public access and use.
Passed and approved this 17th day of November __, 2009.
Ap~foved by ~,,G~
ATTEST: y ~ Cllu ~`~uv ~%
CITY ERK City Attorney's Office ~~ ~/~-~
It was moved by Champion and seconded by Hayek the Resolution be adopted,
and upon roll call there were:
AYES: NAYS: ABSENT:
_~ Bailey
~ Champion
~ Correia
~_ Hayek
_~~ O'Donnell
~ Wilburn
Wright
pwenglres/accept-lythmacondos doc
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~i ~rI"r~ '~rl'~~
~'~3'''"r' ®' ~~
-t•~.al~
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 5 2 240- 1 82 6
(319) 356-5000
(319) 356-5007 FAX
www.icgov.org
ENGINEER'S REPORT
November 5, 2009
Honorable Mayor and City Council
Iowa City, Iowa
Re: Lytham Condominiums
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving
improvements for Lytham Condominiums has been completed in substantial accordance with
the plans and specifications of the Engineering Division of the City of Iowa City. The required
maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and
water main improvements constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa, and
for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa.
I recommend that the City of Iowa City accept the above-referenced improvements.
Sincerely,
Ronald R. Knoche, P.E.
City Engineer
pweng/engrpt-galwayhillsptl0 doc
M-I~
4d 9
Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142
RESOLUTION NO. ~9-35ft
RESOLUTION ACCEPTING THE WORK FOR A CERTAIN WALKWAY AND A CERTAIN
SIDEWALK IN LINDEMANN SUBDIVISION -PART THREE, AND DECLARING THE
WALKWAY AND SIDEWALK OPEN FOR PUBLIC ACCESS AND USE.
WHEREAS, the Engineering Division has certified that the following improvements have been completed in
accordance with the plans and specifications of the City of Iowa City:
A 5' wide walkway located east/west across Outlot K in Lindemann Subdivision -Part
Three.
A 4' wide sidewalk located along the Lindemann Drive frontage abutting the east end of
Outlot K in Lindemann Subdivision -Part Three.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and
public improvements previously set aside as not being open for public access are hereby formally accepted
and declared open for public access and use.
Passed and approved this 17th day of
ATTEST: ~ ~!_~~~~
CITY ERK
City Attorney's Office ~~ ~09
It was moved by Champion and seconded by Hayek the Resolution be adopted,
and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
~ Champion
u Correia
~_ --z-~ Hayek
~_ O'Donnell
~_ Wilburn
_~ Wright
pweng/res/accept-I i ndemannpt3.doc
1~~~~~
~ r 1
-~- ®~,~
®~~~
~~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5007 FAX
www.icgov.org
ENGINEER'S REPORT
November 6, 2009
Honorable Mayor and City Council
Iowa City, Iowa
Re: Lindemann Subdivision -Part Three
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of a certain walkway and a certain sidewalk in Lindemann
Subdivision -Part Three has been completed in substantial accordance with the plans and
specifications of the Engineering Division of the City of Iowa City. The walkway is 5' in width and
is located east/west across Outlot K in Lindemann Subdivision -Part Three. The sidewalk is 4'
in width and is located along the Lindemann Drive frontage abutting the east end of Outlot K in
Lindemann Subdivision -Part Three.
I recommend that the City of Iowa City accept the above-referenced improvements.
Sincerely,
~~ ~ ~---
Ronald R. Knoche, P.E.
City Engineer
pwen g/en g rpt-I i n dema nn pt3.doc
4d 10
Prepared by' Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145
RESOLUTION NO. 09-359
RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, TILE
LINES, WATER MAIN, SANITARY SEWER, TEMPORARY TURN
AROUND, TRAIL, AND PAVING PUBLIC IMPROVEMENTS FOR STONE
BRIDGE ESTATES - PART SIX, AND DECLARING PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE.
WHEREAS, the Engineering Division has certified that the following improvements have
been completed in accordance with the plans and specifications of the City of Iowa City:
Storm sewer, the lines, water main, and sanitary sewer improvements for Stone
Bridge Estates -Part Six as constructed by Maxwell Construction Inc, of Iowa City,
Iowa.
Paving, trail, and temporary turn-around improvements for the Stone Bridge
Estates -Part Six, as constructed by Metro Pavers, Inc. of Iowa City, Iowa.
WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and
WHEREAS, the traffic control signs have been installed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa
City, Iowa and that all dedications and public improvements previously set aside as not
being open for public access are hereby formally accepted and declared open for public
access and use.
Passed and approved this 17th
ATTEST: / „~% U
City clerk
Approved by:
~,.
City Attorney's Office r ~ ~' ~, ~~ ~
Resolution No. 09-359
Page 2
It was moved by Cham~ni nn and seconded by Hayek the Resolution be
adopted, and upon roll call there were:
AYES:
x
X
X
X
x
NAYS: ABSENT:
Bailey
Champion
~ Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, lows 52240-1826
(319) 356-5000
ENGINEER'S REPORT (319) 356-5009 FAX
www.icgov.org
November 9, 2009
Honorable Mayor and City Council
City of Iowa City, Iowa
Re: Stone Bridge Estates, Part Six
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the storm sewer, sanitary sewer, water
main, trail, the lines, temporary turn-around, and paving improvements for Stone
Bridge Estates, Part Six has been completed in substantial accordance with the
plans and specifications of the Engineering Division of the City of Iowa City. The
required maintenance bonds are on file in the City Clerk's Office for the storm
sewer, sanitary sewer, the lines, and water main improvements constructed by
Maxwell Construction, fnc. of Iowa City, Iowa, and for the trail, temporary turn-
around, and paving improvements constructed by Metro Pavers, Inc. of Iowa
City, Iowa.
I recommend that the City of Iowa City accept the above-referenced
improvements.
Sincerely,
?~-r (~' ~---
Ronald R. Knoche, P.E.
City Engineer
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13
Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145
RESOLUTION NO. ng-~hn
RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE NORTH DODGE STREET
PEDESTRIAN BRIDGE OVER I-80 [ESIM-080-6(285)243--OS-52], ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY
CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND
PLACE FOR RECEIPT OF BIDS.
WHEREAS, this project will be bid by the Iowa Department of Transportation (IaDOT); and
WHEREAS, bids will be accepted on January 20, 2010 at 10:00 a.m. by the IaDOT in Ames,
Iowa; and
WHEREAS, notice of public hearing on the plans, specifications, special provisions and
estimate of cost for the above-named project was published as required by law, and the hearing
thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, special provisions, and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount between 5% (five percent) and 10% (ten percent)
of bid.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids
by the IaDOT for the construction of the above-named project in a newspaper published
at least once weekly and having a general circulation in the city.
4. Bids for the above-named project are to be received by the IaDOT in Ames, Iowa, until
10:00 a.m. on the 20th day of January, 2010, or at a later date and/or time as determined
by the IaDOT, with notice of said later date and/or time to be published as required- by
law. Thereafter the bids will be opened by the IaDOT, and thereupon referred to the
Council of the City of Iowa City, Iowa, for a recommendation of action upon bids at its
next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00
p.m. on the 26th day of January, 2010, 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, or if said meeting is cancelled, at the next meeting of the
City Council thereafter as posted by the City Clerk.
Passed and approved this 17th day f ovember
I
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Approved by:
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ATTEST: ~ >~
City Jerk ity Attorney's Office , ~
t. (~ 1~ ,
Resolution No. 09-360
Page 2
It was moved by Wright and seconded by Champion 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
M~ 17
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030
RESOLUTION NO. 09-361
RESOLUTION ADOPTING THE PROCUREMENT POLICY FOR THE IOWA CITY
HOUSING AUTHORITY AND RESCINDING RESOLUTION N0.91-155.
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires local
housing authorities adopt a procurement policy that complies with the procurement regulations
found at 24 C.F.R. 85.36;
WHEREAS, the attached procurement policy was designed by HUD to comply with HUD's
Annual Contributions Contract (ACC), Procurement Handbook for Public Housing Agencies
(Handbook 7460.8. Revision 2), and the procurement regulations at 24 CFR 85.36;
WHEREAS, in Resolution No. 91-155, Council adopted a similar procurement policy;
WHEREAS, the attached procurement policy includes provisions for purchases made pursuant
to the American Recovery and Reinvestment Act of 2009, and HUD is requesting local housing
authorities to update their procurement policies to include these provisions; and
WHEREAS, it is in the public interest to adopt the attached Procurement Policy of the Iowa City
Housing Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
The attached Procurement Policy of the Iowa City Housing Authority is adopted.
2. Resolution No. 91-155 is rescinded.
Passed and approved this 17th day of
Approved:
.ay i , ~~
,.:~
manna
City Attorney's Office
Resolution No. 09-361
Page 2
It was moved by Hayek and seconded by Wilburn the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
X
x
X
x
NAYS: ABSENT:
Bailey
Champion
x Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
PROCUREMENT POLICY FOR THE IOWA CITY HOUSING
AUTHORITY
1.0 GENERAL PROVISIONS
1.1 PURPOSE
The purpose of this Policy is to help maintain the integrity of the Authority's procurement
system; ensure that the Authority procures products and services effectively, efficiently and at
the most favorable prices; and ensure that Authority purchasing actions are in full compliance
with applicable federal standards, and State and local laws. This Policy was designed to comply
with HUD's Annual Contributions Contract (ACC), Procurement Handbook for Public Housing
Agencies (Handbook 7460.8. Revision 2), and the procurement regulations at 24 CFR 85.36.
1.2 DEFINITIONS
The following definitions shall be used in this Policy:
A. Procurement: Refers to the purchasing, leasing or renting of goods (supplies, equipment
and materials); construction and maintenance services; and architectural and engineering
(A/E), legal, security, accounting, audit, social and other consulting services.
B. Contractor: Refers to any business entity providing contracting, maintenance, consulting
or social services.
C. Vendor: Refers to any business entity that provides goods to the Authority who is not
also hired as a contractor.
1.3 APPLICATION
This Policy applies to the expenditure of funds or other commodities of monetary value by the
Authority to secure goods and services. It shall apply to every expenditure of federal funds by
the Authority for public purchasing, irrespective of the source of funds, including transactions
that do not involve an obligation of funds (such as concession contracts). Nothing in this Policy,
however, shall prevent the Authority from complying with the terms and conditions of any grant,
contract, gift or bequest that is otherwise consistent with law.
1.4 CHANGES IN LAWS AND REGULATIONS
In the event that an applicable federal, state or local law, regulation or ordinance is modified or
eliminated, or a new law, regulation or ordinance is adopted, the revised directive shall, to the
extent more stringent than a corresponding provision of this Policy, shall automatically
supersede the applicable provision.
Page 1 of 21
1.5 PUBLIC ACCESS TO PROCUREMENT INFORMATION
Procurement information shall be a matter of public record to the extent provided Chapter 22 of
the Iowa Code (2009) and shall be available to the public as provided by that statute.
1.6 EXECUTIVE DIRECTOR'S RESPONSIBILITIES
The Housing Authority Administrator ("Executive Director") shall serve as Contracting Officer,
and shall administer or oversee all procurement transactions. Any delegations of contracting
authority by the Executive Director must be documented in writing. The Executive Director
shall ensure that the following standards are implemented:
A. Proposed purchases are subject to a planning process to assure efficient and economical
purchasing;
B. contracts, contract amendments and purchase orders are set forth in writing, and clearly
specify the desired goods and services; procurement transactions are supported by
sufficient documentation regarding the history of the procurement; and contracts,
purchase orders and contract amendments are awarded or approved only by Authority
employees designated in writing as having such authority;
C. for procurements other than small purchases, public notice is given of each upcoming
procurement, an adequate time period is provided for preparation and submission of bids
or proposals, and notice of contract awards is made available to the public;
D. solicitation procedures are conducted in full compliance with federal regulations set forth
in 24 CFR 85.36, or State and local laws (where more stringent), provided they are
otherwise consistent with 24 CFR 85.36;
E. an independent cost estimate is prepared before each Invitation for Bids or Request for
Proposals is issued, the estimate is appropriately safeguarded, and a cost or price analysis
is conducted of the responses received for all procurements;
F. award is made to: The responsive and responsible contractor or vendor providing the
lowest bid (for sealed bid procurements); the contractor or vendor whose proposal offers
the greatest overall value (for competitive proposal procurements); and the contractor or
vendor whose quotation offers the greatest overall value, price and non-price factors
considered (for small-purchase procurements). For sealed-bid and competitive proposals
procurements, and in instances where contractor or vendors were required to submit
quotations under small-purchase procurements, unsuccessful firms shall be notified
within 14 calendar days after contract or purchase order award;
G. work is inspected before payment, and payment is made promptly for contract work
performed and accepted;
H. the Authority complies with applicable HUD review requirements; and
Page 2 of 2]
I. all procurements (including contract modifications) in excess of $10,000 are reviewed
and approved by the City Manager.
1.7 CONTRACTOR AND VENDOR RESPONSIBILITY
Procurements shall be conducted only with responsible contractors and vendors, i.e., those who
have the technical and financial resources to provide the products and/or services, and have a
satisfactory record of performance. The Authority shall review each proposed contractor's and
vendor's ability to perform the contract successfully, considering factors such as the contractor's
and vendor's integrity (including a review of the List of Parties Excluded from Federal
Procurement and Nonprocurement Programs published by the U.S. General Services
Administration), compliance with public policy, record of past performance (including
contacting previous clients of the contractor, such as other Housing Authorities), and financial
and technical resources. Awards shall not be made to debarred, suspended, or ineligible
contractors or vendors.
1.8 QUALIFIED CONTRACTOR AND VENDOR LISTS
Interested businesses shall be given an opportunity to be included on a list of qualified firms used
in the procurement of products and services. Such lists shall be kept current, and shall include
enough qualified sources to ensure competition. Firms shall not be precluded from qualifying
during the solicitation period. Solicitation mailing lists of potential contractors and vendors shall
include, but not be limited to, such pre-qualified suppliers.
1.9 COOPERATIVE PURCHASING
The Authority may enter into State and local intergovernmental agreements to purchase or use
common products and services. The decision to use an intergovernmental agreement or conduct a
direct procurement shall be based on economy and efficiency. If used, the intergovernmental
agreement shall stipulate who is authorized to purchase on behalf of the participating parties and
shall specify inspection, acceptance, termination, payment, and other relevant terms and
conditions. When using a cooperative purchasing plan, the housing authority shall ensure that the
procurement process followed by the governmental entity was consistent with one of the four
acceptable methods of procurement listed in Section 4.0. The Authority shall use federal or State
excess and surplus property instead of purchasing new equipment and property whenever such
use is feasible and reduces project costs.
2.0 ETHICS IN PUBLIC CONTRACTING
2.1 GENERAL
The Authority shall adhere to the following code of conduct and shall establish a system of
sanctions for violations consistent with applicable State or local law.
2.2 CONFLICT OF INTEREST
No employee, officer or agent of this Authority shall participate directly or indirectly in the
selection or in the award or administration of any contract if a conflict, real or apparent, would
be involved. Such conflict would arise when a financial or other interest in a firm selected for
award is held by:
Page 3 of Z 1
A. An employee, officer or agent involved in making the award;
B. his/her relative (including father, mother, son, daughter, brother, sister, uncle, aunt, first
cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-
in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half brother, or half sister);
C. his/her partner; or,
D. an organization which employs, is negotiating to employ, or has an arrangement
concerning prospective employment of any of the above.
2.3 GRATUITIES, KICKBACKS, AND USE OF CONFIDENTIAL INFORMATION
Authority officers, employees or agents shall not solicit or accept gratuities, favors, or anything
of monetary value from contractors, potential contractors, or parties to subcontracts and shall not
knowingly use confidential information for actual or anticipated personal gain.
2.4 PROHIBITION AGAINST CONTINGENT FEES
The Authority shall not do business with Contractors who retain a person to solicit or secure an
Authority contract for a commission, percentage, brokerage, or contingent fee, except for bona
fide employees or bona fide established commercial selling agencies.
3.0 PROCUREMENT PLANNING
3.1 GENERAL
Planning is essential to properly managing the procurement function. Hence, the Authority will
periodically review its record of prior purchases, as well as future needs, to: Find patterns of
procurement actions that could be performed more efficiently or economically; maximize
competition and competitive pricing among contracts and decrease procurement costs; reduce
administrative costs; and ensure that an adequate amount of supplies, equipment and materials
are obtained under each procurement transaction, in order to minimize the need for frequent
transactions. Consideration will be given to storage, security, and handling requirements when
planning the most appropriate purchasing actions.
4.0 PROCUREMENT METHODS
4.1 SMALL PURCHASING
A. General. Any routine maintenance, non-routine maintenance, construction, demolition,
equipment, materials, supplies and professional services (including maintenance,
security, architect/engineer, legal, accounting and management) not exceeding $100,000
may be made in accordance with the small purchase procedures authorized in this section.
Contract requirements shall not be artificially divided so as to constitute a small purchase
Page 4 of 21
under this section (except as may be reasonably necessary to comply with Section 10.0 of
this Policy).
B. Methods of Obtaining Price Quotes. Quotes may be obtained by catalog,
advertisement, brochure, web site, at point-of--sale, in-person, by telephone, by fax, or in
writing, unless there is need to prepare a solicitation document, in which case the
document would explain how price quotes are to be submitted.
C. Petty Cash Purchases. Small purchases of less than $100.00 may be processed through
the use of a petty cash account. The Contracting Officer shall ensure that the account is
established in an amount sufficient to cover small purchases made during a reasonable
period (e.g., one month), security is maintained, and only authorized individuals have
access to the account. The account shall be periodically reconciled and replenished by
submission of a voucher to the Authority's Executive Director and periodically audited by
the Executive Director or designee to validate proper use and to verify that the account
total equals cash on hand plus the total of accumulated vouchers.
D. Small purchases of $2,000 or less. For small purchases below $2,000, only one
quotation need be solicited if the price received is considered reasonable. Such purchases
must be distributed equitably among qualified sources. If practicable, a quotation shall
be solicited from other than the previous source before placing a repeat order.
E. Small purchases over $2,000. For small purchases in excess of $2,000 but not
exceeding $100,000, no less than three price quotations shall be obtained where
practicable. If cases where the housing authority has difficulty in obtaining an acceptable
number of price quotes through direct solicitation of contractors and vendors, it shall
publicly advertise the procurement, if there is reason to believe that the action would
result in greater competition. Award shall be made to the offeror providing the lowest
acceptable quotation, unless justified in writing based on both price and non-price factors.
If non-price factors are used, they shall be disclosed to all those solicited. The names,
addresses, and/or telephone numbers of the offerors and persons contacted, and the date
and amount of each quotation shall be recorded and maintained as a public record.
F. Review and Authorization by City Manager. The City Manager shall authorize any
procurement that entails an obligation of $10,000 or greater, unless an emergency
situation exists, as deemed by the Executive Director. In that case, the Executive
Director shall take the necessary action to abate the emergency condition, and then advise
the City Manager on the details of the procurement transaction.
G. Solicitation Document. When procuring services, the Authority shall prepare a Request
for Quotations (RFQ), which shall be furnished to all interested parties. The RFQ shall
contain, at a minimum: Instructions for submitting offers; list of non-price factors (if
any) to be considered; pre-contract conditions; wage determination (if applicable);
contract form; contract general conditions; supplementary conditions (if applicable); and
Page 5 of 21
technical requirements of products and services. The housing authority shall utilize HUD
forms, where required, in its RFQs.
H. Prohibition Against Dividing Purchases. The Authority shall not subdivide a
procurement subject to either the sealed-bid or competitive proposals methods of
procurement to permit the use ofsmall-purchase procedures, or subdivide asmall-
purchase procurement to permit the use ofmicro-purchase procedures, unless the action
is clearly aimed at affording small and minority-owned businesses the chance to compete
for a contract or purchase order award.
4.2 SEALED BIDDING
A. Conditions for Use. Contracts shall be awarded using sealed bid procedures if the
following conditions are present: A complete, adequate, and realistic specification or
purchase description is available; two or more responsible bidders are willing and able to
compete effectively for the work; the procurement lends itself to a firm fixed price
contract; and the selection of the successful bidder can be made principally on the basis
of price. For physical improvement (non-routine maintenance and construction) projects
and major equipment acquisition exceeding the small-purchase limit, sealed bidding shall
be used. Sealed-bidding shall not be used for professional services.
B. Solicitation Document. Under the sealed-bid method of procurement, the Authority
shall prepare an invitation for bids (IFB). For procurements involving the provision of
services (usually non-routine maintenance or construction), the IFB shall contain: (1)
Instructions for submitting bids; (2) bid form; (3) pre-contract conditions; (4) wage
determination (if applicable); (5) contract form; (6) contract general conditions; (7)
supplementary conditions (if applicable; maybe included by reference); and (8) technical
requirements of products and services (e.g., specifications and drawings). For
procurement of products only, e.g., items of equipment, the IFB shall contain: (1)
Instructions for submitting bids; (2) sample purchase order form, with terms and
conditions; bid form; and (3) technical requirements of products. The Authority shall
utilize HUD forms, where required, in its IFBs.
C. Solicitation. Notice of the IFB shall be published in a local newspaper of wide
circulation; and the IFB shall be available through plan rooms if the nature of the work so
warrants. Newspaper notices should run once each week for at least two consecutive
weeks. In addition, notice of the IFB may be posted in public buildings, trade journals
and publications; and shall be furnished to all interested parties, including those on the
housing authority's list of qualified contractor's and vendors when appropriate. All
advertisements/notices should state, at a minimum, the date, time and place the bids are
due; the solicitation number; contact person and telephone or e-mail address; brief
description of services/products needed; and an invitation to small, minority-owned, and
Section 3 businesses, as well as women's business enterprises, to submit bids.
Page 6 of 21
D. Receipt of Bids. The IFB shall state the time and place for both the receipt of bids and
the public bid opening. In general, bidders shall be provided a minimum of 30 calendar
days to submit bids following first public notice. All bids received shall be time-stamped
but not opened and shall be stored in a secure place until bid opening. A bidder may
withdraw its bid at any time prior to bid opening.
E. Bid Opening and Awai•d. Bids shall be opened publicly, an abstract of bids shall be
recorded, and the bids shall be available for public inspection. If equal low bids are
received from responsible bidders, award shall be made by drawing lots or similar
random method, unless otherwise provided in State or local law and stated in the
invitation for bids. If only one responsive bid is received from a responsible bidder,
award shall not be made unless a cost or price analysis verifies the reasonableness of the
price.
F. Mistakes in Bids. Correction or withdrawal of inadvertently erroneous bids may be
permitted, where appropriate, before bid opening by written or telegraphic notice
received in the office designated in the invitation for bids prior to the time set for bid
opening. After bid opening, corrections in bids shall be permitted only if the bidder can
show by clear and convincing evidence that a mistake of a nonjudgmental character was
made, the nature of the mistake, and the bid price actually intended. A low bidder
alleging a nonjudgmental mistake may be permitted to withdraw its bid if the mistake is
clearly evident on the face of the bid document but the intended bid is unclear or the
bidder submits convincing evidence that a mistake was made. All decisions to allow
correction or withdrawal of bid mistakes shall be supported by a written determination
signed by the Contracting Officer. After bid opening, no changes in bid prices or other
provisions of bids prejudicial to the interest of the Authority or fair competition shall be
permitted.
G. Bid Guarantee. For procurements of products and/or services whose value is estimated
at over $100,000, the bidder will be required to furnish a bid guarantee in an amount not
less than 5 percent of the bid. The guarantee may be a certified check, bank draft, U.S.
Government bonds at par value, or a bid bond.
H. Assurance of Completion. In cases where the cost of the non-routine maintenance or
construction is estimated to exceed $90,000, the contractor will be required to furnish one
of the following assurances of completion: (1) A performance and payment bond for
100% of the contract price; (2) separate performance and payment bonds, each for 50%
or more of the contract price; (3) a 20% cash escrow; or (4) a 25% irrevocable letter of
credit.
I. Bonds. Bonds must be obtained from guarantee or surety companies acceptable to the
U.S. Government and authorized to do business in the state where the work is to be
performed. Individual sureties will not be considered.
Page 7 of 21
4.3 COMPETITIVE PROPOSALS
A. Conditions for Use. Competitive proposals (including turnkey proposals for
development) may be used if there is an adequate method for technically evaluating
proposals, and the Authority determines that conditions are not appropriate for the use of
sealed bids. At least three proposals shall be obtained from qualified sources, where
practicable.
B. Solicitation. The request for proposals (RFP) shall clearly identify the relative
importance of price and other evaluation factors, including the weight given to each. A
mechanism for fairly and thoroughly evaluating the technical and price proposals (i.e.,
technical evaluation system) shall be established before the solicitation is issued.
Proposals shall be handled so as to prevent disclosure of the number of offerors, identity
of the offerors, and the contents of their proposals. The proposals shall be evaluated only
on the criteria stated in the request for proposals.
C. Negotiations. Unless there is no need for negotiations with any of the offerors,
negotiations shall be conducted with offerors who submit proposals determined to have a
reasonable chance of being selected for award, based on evaluation against the technical
and price factors as specified in the RFP. Such offerors shall be accorded fair and equal
treatment with respect to any opportunity for negotiation and revision of proposals. The
purpose of negotiations shall lie to seek clarification with regard to and advise offerors of
the deficiencies in both the technical and price aspects of their proposals so as to assure
full understanding of and conformance to the solicitation requirements. No offeror shall
be provided information about any other offeror's proposal, and no offeror shall be
assisted in bringing its proposal up to the level of any other proposal. Offerors shall not
be directed to reduce their proposed prices to a specific amount in order to be considered
for award. A common deadline shall be established for receipt of proposal revisions
based on negotiations.
D. Award. After evaluation of proposal revisions, if any, the contract shall be awarded to
the highest ranking firm.
E. Architect/Engineer Services. Architect/engineer services maybe obtained by either the
conventional form of the competitive proposals method or by the qualifications-based
selection (QBS) form of the competitive proposals method, unless State law mandates
QBS. Under QBS, competitor's qualifications are evaluated and the most qualified
competitor is selected, subject to the negotiation of fair and reasonable compensation.
Price is not used as a selection factor under this method. Qualifications-based selection
procedures shall not be used to purchase other types of services even though architect-
engineer firms are potential sources.
F. Technical Evaluation System and Rating Panel. During the preparation of the RFP,
the contracting officer shall develop a technical evaluation system; i.e., a system for
technically evaluating proposals. The system will provide, for each evaluation factor, the
Page 8 of 21
weighting of the factor compared to other factors; a description of the process for
measuring the value of the factors (e.g., a point system); and clear and objective
guidelines describing the specific qualities or features associated with each factor that
will warrant a given rating. The contracting officer shall also set up a rating panel. The
panel shall be comprised of at least three persons, each of whom is a PHA employee or
employee of the City. Selection of participants shall be subject to the requirements of
Section 2.0 of the Procurement Policy.
4.4 NONCOMPETITIVE PROPOSALS
A. Conditions for Use. Procurements shall be conducted competitively to the maximum
extent possible. Procurement by noncompetitive proposals may be used only when the
award of a contract is not feasible using small purchase procedures, sealed bids, or
competitive proposals, and one of the following applies:
The item is available only from a single source, based on a good faith review of
available sources;
An emergency exists that seriously threatens the public health, welfare, or safety;
endangers property; or would otherwise cause serious injury to the Authority, as
may arise by reason of a flood, earthquake, epidemic, riot, equipment failure, or
similar event. In such cases, there must be an immediate and serious need for
supplies, services, or construction such that the need cannot be met through any
other procurement methods, and the emergency procurement shall be limited to
those supplies, services, or construction necessary to meet the emergency;
HUD authorizes the use of noncompetitive proposals; or
After solicitation of a number of sources, competition is determined inadequate.
B. Justification. Each procurement based on noncompetitive proposals shall be supported
by a written justification, approved by the Contracting Officer, for using such procedures.
C. Price Reasonableness. The reasonableness of the price for all procurements based on
noncompetitive proposals shall be determined by performing a cost analysis, as described
in Section 5.0 below.
5.0 SOLICITATION AND ADVERTISING
5.1 SMALL-PURCHASES
Quotes maybe obtained by catalog, advertisement, brochure, web site, at point-of-sale, in-
person, by telephone, by fax, or in writing, unless there is need to prepare a solicitation
document, in which case the document would explain how price quotes are to be submitted.
Page 9 of 21
Advertising in a local newspaper or using other public notice venues should be considered when
an adequate number of reasonable quotes cannot be obtained.
5.2 SEALED-BIDS AND COMPETITIVE PROPOSALS
The Authority must use one or more following solicitation methods, provided that the method
employed provides for meaningful competition: Advertising the notice of IFB/RFP in
newspapers or other print mediums of local or general circulations for one day per week for at
least two weeks; advertising the notice of IFB/RFP in various trade journals or publications;
posting IFB in a plan room; posting the notice of the IFB/RFP in public buildings. In addition,
the Authority shall be furnished to all interested parties, including those on the housing
authority's list of qualified contractor's and vendors when appropriate. All notices should state,
at a minimum, the date, time and place the bids are due; the solicitation number; contact person
and telephone or e-mail address; brief description of services/products needed; and an invitation
to small, minority-owned, and Section 3 businesses, as well as women's business enterprises, to
submit bids.
5.4 TIME PERIOD FOR SUBMISSION OF BIDS AND PROPOSALS
Time Period for Submission of Bids. A minimum of 30 days shall generally be provided for
preparation and submission of sealed bids and proposals. However, the Executive Director may
allow for a shorter period under extraordinary circumstances.
5.5 VENDOR LISTS
All interested businesses shall be given the opportunity to be included on vendor mailing lists.
Any lists of persons, firms, or products which are used in the purchase of supplies and services
(including construction) shall be kept current and include enough sources to ensure competition.
6.0 CANCELLATION OF SOLICITATIONS
6.1 GENERAL
A. An IFB or RFP must be cancelled before bids/proposals are due if:
• The supplies, services or construction is no longer required;
• the funds are no longer available;
• proposed amendments to the solicitation are of such magnitude that a new
solicitation would be best; or
other similar reasons.
B. A solicitation may be cancelled and all bids or proposals that have already been received
may be rejected if.
• The supplies or services (including construction) are no longer required;
• ambiguous or otherwise inadequate specifications were part of the solicitation;
• all factors of significance to the Authority were not considered;
• prices exceed available funds and it would not be appropriate to adjust quantities to
come within available funds;
Page 10 of 2l
there is reason to believe that bids or proposals may not have been independently
determined in open competition, may have been collusive, or may have been
submitted in bad faith; or
for good cause of a similar nature when it is in the best interest of the Authority.
C. The reasons for cancellation shall be documented in the procurement file and the reasons
for cancellation and/or rejection shall be provided upon request.
D. A notice of cancellation shall be sent to all bidders/offerors solicited and, if appropriate,
shall explain that they will be given an opportunity to compete on any resolicitation or
future procurement of similar items.
E. If all otherwise acceptable bids received in response to an IFB are at unreasonable prices
an analysis should be conducted to see if there is a problem in either the specifications or
the Authority's cost estimate. If both are determined adequate and if only one bid is
received and the price is unreasonable, the Contracting Officer may cancel the
solicitation and either:
• Re-solicit using an RFP; or
• complete the procurement by using the competitive proposals method. The
Contracting Officer must determine, in writing, that such action is appropriate,
must inform all bidders of the Authority's intent to negotiate, and must give each
bidder a reasonable opportunity to negotiate.
7.0 COST AND PRICE ANALYSIS
7.1 GENERAL
Some form of cost or price analysis shall be performed for all procurement actions, including
contract modifications, using the procedures described in HUD Handbook 2210.18. The method
of analysis shall be determined as follows. The degree of analysis shall depend on the facts
surrounding each procurement.
A. Price Estimate. The Contracting Officer shall prepare a price estimate for all
procurement transactions above the small-purchase threshold of $100,000; and shall
prepare an estimate for procurements below that threshold if he or she believes it is
necessary to ensure the Authority is paying a reasonable price for goods and/or services.
B. Submission of Cost or Pricing Information. If the procurement is based on a contract
modification, noncompetitive proposal, or when only one offer is received in response to
an IFB or RFP, the offeror shall be required to submit: (1) A cost breakdown showing
projected costs and profit; (2) commercial pricing and sales information, sufficient to
enable the Authority to verify the reasonableness of the proposed price as a catalog or
market price of a commercial product sold in substantial quantities to the general public;
or (3) documentation showing that the offered price is set bylaw or regulation. With
respect to contract modifications, where the contract includes or consists of form HUD-
Page l I of 21
5370 or HUD-51915, the offeror shall be required to conform to the provision of the
document governing contract modifications.
C. Cost Analysis. Cost analysis shall be performed if an offeror/contractor is required to
submit a cost breakdown as part of its proposal. When a cost breakdown is submitted a
cost analysis shall be performed of the individual cost elements, the Authority shall have
a right to audit the contractor's books and records pertinent to such costs, and profit shall
be analyzed separately. Costs shall be allowable only to the extent that they are
consistent with applicable Federal cost principles (for commercial firms, Subpart 31.2 of
the Federal Acquisition Regulation, 48 CFR Chapter 1). In establishing profit, the
Authority shall consider factors such as the complexity and risk of the work involved, the
contractor's investment and productivity, the amount of subcontracting, the quality of past
performance, and industry profit rates in the area for similar work.
D. Price Analysis. For competitive procurements in which cost information is not required
of contractors and vendors, the Authority shall perform a comparison of prices received
in relation to the independent cost estimate (where required), to ensure that the price
being paid is reasonable.
8.0 TYPES OF CONTRACTS, CLAUSES, AND CONTRACT ADMINISTRATION
8.1 CONTRACT TYPES
Any type of contract which is appropriate to the procurement and which will promote the
best interests of the Authority may be used, with the exception of the cost plus a percentage of
cost, and percentage of construction cost contracts, which are prohibited. All procurements shall
include the clauses and provisions necessary to define the rights and responsibilities of the
parties. A cost reimbursement contract shall not be used unless it is likely to be less costly or it
is impracticable to satisfy the Authority's needs otherwise; the proposed contractor's accounting
system is adequate to allocate costs in accordance with applicable cost principles (for
commercial firms, see HUD Handbook 2210.18); and the contractor is paid only allowable costs.
A time and material contract may be used only if a written determination is made that no other
contract type is suitable, and the contract includes a ceiling price that the contractor exceeds at its
own risk.
8.2 OPTIONS
Options for additional quantities or performance periods may be included in contracts, provided
that (1) the option is contained in the solicitation; (2) the option is a unilateral right of the
Authority; (3) the contract states a limit on the additional quantities and the overall term of the
contract; (4) the options are evaluated as part of the initial competition; (5) the contract states the
period within which the options maybe exercised; (6i) the options may be exercised only at the
price specif ed in or reasonably determinable from the contract; and (7) the options may be
exercised only if determined to be more advantageous to the Authority than conducting a new
procurement.
Page 12 of 21
8.3 CONTRACT CLAUSES
In addition to containing a clause identifying the contract type, all contracts shall include any
clauses required by Federal statutes, executive orders, and their implementing regulations, as
provided in 24 CFR 85.36(1), such as the following:
A. Termination for convenience.
B. Termination for default.
C. Equal Employment Opportunity.
D. Anti-Kickback Act.
E. Davis-Bacon Act.
F. Contract Work Hours and Safety Standards Act (including a contractors Safety Plan).
G. Reporting requirements.
H. Patent rights.
I. Rights in data.
J. Examination of records by Comptroller General, and retention of records for three years
after closeout.
K. Clean air and water.
L. Energy efficiency standards.
M. Bid protests and contract claims.
N. Value engineering.
O. Payment of funds to influence certain federal transactions.
P. Contractors Guarantee Process.
Q. Building Materials list and Hazardous Materials register.
The Authority shall use those standards HUD forms incorporating the above clauses that are
applicable to a given procurement transaction.
8.4 CONTRACT TERM LIMITS
The terms for service contracts (e.g., any contract for on-going services of a repetitive nature,
such as janitorial maintenance, preventive maintenance, routine maintenance, lawn maintenance,
legal, architect/engineer, accounting, security, and pest control) shall be limited to three years.
The Authority may not award additional work/task orders to a contractor beyond the prescribed
limit in the contract, although the contractor may complete existing work/task orders that extend
beyond the contract term limit. Automatic renewal provisions are prohibited.
8.5 LIQUIDATED DAMAGES
A liquidated damages clause shall be enforced for all non-routine and construction contracts
whose estimated cost exceeds $100,000. The liquidated damage amount shall generally fall in
the range of $25 to $200 per day, and be based on the costs reasonably borne by the Authority
due to failure of the contractor to complete the project on time. The liquidated damage rate will
appear in the solicitation document.
9.0 CONTRACTOR QUALIFICATIONS AND DUTIES
9.1 CONTRACTOR RESPONSIBILITIES
Page 13 of 21
PHAs shall not award any contract until the prospective contractor, i.e., low responsive bidder,
or successful offeror, has been determined to be responsible. A responsible bidder/offeror must:
A. Have adequate financial resources to perform the contract, or the ability to obtain them;
B. be able to comply with the required or proposed delivery or performance schedule, taking
into consideration all the bidder's/offeror's existing commercial and governmental
business commitments;
C. have a satisfactory performance record;
D. have a satisfactory record of integrity and business ethics;
E. have the necessary organization, experience, accounting and operational controls, and
technical skills, or the ability to obtain them;
F. have the necessary production, construction, and technical equipment and facilities, or the
ability to obtain them; and
G. be otherwise qualified and eligible to receive an award under applicable laws and
regulations, including not be suspended, debarred or under aHUD-imposed LDP.
If a prospective contractor is found to be non-responsible, a written determination of non-
responsibility shall be prepared and included in the official contract file, and the prospective
contractor shall be advised of the reasons for the determination.
9.2 SUSPENSION AND DEBARMENT
Contracts shall not be awarded to debarred, suspended, or ineligible contractors. Contractors may
be suspended, debarred, or determined to be ineligible by HUD in accordance with HUD
regulations (24 CFR Part 24) or by other Federal agencies, e.g., Dept of Labor for violation of
labor regulations, when necessary to protect housing authorities in their business dealings.
10.0 CONTRACT ADMINISTRATION
10.1 GENERAL
A contract administration system, designed to ensure that contractors perform in accordance with
their contracts, shall be maintained. The system shall include procedures for inspection of
supplies, services, or construction, as well as monitoring contractor performance, status reporting
on construction contracts, and similar matters.
Page 14 of 21
11.0 APPEALS AND REMEDIES
I1.1 GENERAL
It is the Authority's policy to resolve all contractual issues informally at the Authority level,
without litigation. Disputes shall not be referred to HUD until all administrative remedies have
been exhausted at the Authority level. When appropriate, the Authority may consider the use of
informal discussions between the parties by individuals who did not participate substantially in
the matter in dispute to help resolve the differences. HUD will only review protests in cases of
violations of Federal law or regulations and failure of the Authority to review a complaint or
protest.
11.2 PROTESTS
Any actual or prospective contractor may protest the solicitation or award of a contract or
purchase order for serious violations of the principles of this Policy. Any protest against a
solicitation must be received before the due date for receipt of offers or proposals, and any
protest against the award of a contract or purchase order must be received within ten (10)
calendar days after contract award, or the protest will not be considered. All protests shall be in
writing and submitted to the Contracting Officer or designee, who shall issue a written decision
on the matter. The Contracting Officer may, at his or her discretion, suspend the procurement
pending resolution of the protest, if warranted by the facts presented.
113 WRITTEN PROCEDURES
The Authority will develop a written procedure for handling all protests and complaints
involving its procurement activities.
11.4 CONTRACTOR CLAIMS
All claims by a contractor relating to performance of a contract shall be submitted in writing to
the Contracting Officer, or designee, for a written decision. The contractor may request a
conference on the claim. The Contracting Officer's decision shall inform the contractor of its
appeal rights to the Chief Executive Officer.
12.0 ASSISTANCE TO SMALL, MINORITY-OWNED, AND LOW-INCOME AREA
(SECTION 3) BUSINESSES; AND WOMEN'S BUSINESS ENTERPRISES
12.1 REQUIRED EFFORTS
Consistent with Presidential Executive Orders 11625, 12138, 12432, and Section 3 of the HUD
Act of 1968, the Authority shall make efforts to ensure that small and minority-owned
businesses, women's business enterprises, and individuals or firms located in or owned in
substantial part by persons residing in the area of an Authority development are used when
possible. Such efforts shall include, but shall not be limited to the following:
A. Including such firms, when qualified, on solicitation mailing lists;
Page 15 of 21
B. encouraging their participation through direct solicitation of bids or proposals whenever
they are potential sources;
C. dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by such firms;
D. establishing delivery schedules, where the requirement permits, which encourage
participation by such firms;-
E. using the services and assistance of the Small Business Administration and the Minority
Business Development Agency of the Department of Commerce;
F. including in contracts a clause requiring contractors, to the greatest extent feasible, to
provide opportunities for training and employment for lower income residents of the
development area and to award subcontracts for work in connection with the project to
business concerns which are located in, or owned in substantial part by persons residing
in the area of the development, as described in 24 CFR 135; and
G. requiring prime contractors, when subcontracting is anticipated, to take the steps listed in
A through F above.
12.2 DEFINITIONS
A. A small business is defined as a business that is independently owned, not dominant in its
field of operation, and not an affiliate or subsidiary of a business dominant in its field of
operation. The size standards in 13 CFR 121 shall be used, unless the Authority
determines that their use is inappropriate.
B. A minority-owned business is defined as a business which is at least 51 % owned by one
or more minority group members; or, in the case of a publicly-owned business, one in
which at least 51 % of its voting stock is owned by one or more minority group members,
and whose management and daily business operations are controlled by one or more such
individuals. Minority group members include, but are not limited to, Black Americans,
Hispanic Americans, Native Americans, Asian Pacific Americans and Asian Indian
Americans, and Hasidic Jewish Americans. The listing of minority-owned business may
be obtained by utilizing the New York State approved Minority-owned (MBE) &
Women-owned (WBE) register.
C. A women's business enterprise is defined as a business that is at least 51 % owned by a
woman or women who are U.S. citizens and who also control or operate the business.
D. A business concern located in the area of the development is defined as an individual or
firm located within the relevant Section 3 covered development area, as determined
pursuant to 24 CFR 135.15; listed on HUD's registry of eligible business concerns; and
meeting the definition of small business above. A business concern owned in substantial
part by persons residing in the area of the development is defined as a business concern
Page 16 of 21
which is 51 % or more owned by persons residing within the Section 3 covered project,
owned by persons considered by the U.S. Small Business Administration to be socially or
economically disadvantaged, listed on HUD's registry of eligible business concerns, and
meeting the definition of small business above.
13.0 INSURANCE
13.1 GENERAL
The following standards shall pertain to all insurance policies required to be carried by
contractors hired by the Authority:
A. If any insurance is due to expire during the contract term, the contractor (including any
subcontractors, as applicable) shall not permit the coverage to lapse and shall furnish
evidence of coverage to the Authority. All certificates of insurance, as evidence of
coverage, shall provide that no coverage may be canceled or non-renewed by the
insurance company until at least 30 calendar days prior written notice has been given to
the Authority.
B. The Authority will consider ratings for companies providing insurance (i.e. Standard &
Poor's, Moody's and AM Best).
C. The Authority stipulates that all consultants, contractors and subcontractors working on
site furnish certificates of insurance prior to commencing work, and that notification of
insurance cancellation be received at least 30 days in advance.
D. The Authority must ensure that insurance companies used are authorized to do business
in the State.
13.2 CONSTRUCTION CONTRACTORS
Insurance shall be required of construction contractors (new construction, major demolition, and
non-routine maintenance), regardless of the value of the contract. Before beginning work, the
contractor and each subcontractor shall furnish the Authority with certificates of insurance
showing that the following insurance is in force and will insure all operations under the contract.
All insurance shall be carried with companies which are financially responsible and rated B+VI
or higher by the A.M. Best Co. or equivalent and authorized to do business in the State in which
the development is located. Contractor insurance shall include:
A. Workers' Compensation, in accordance with State or Territorial Workers' Compensation
laws, for all employees engaged under the modernization contract.
B. Commercial General Liability which is comprehensive general liability insurance with
bodily injury and property damage. The minimum amount of required coverage is
$500,000 per occurrence.
Page 17 of 21
C. Automobile Liability on owned, non-owned and hired motor vehicles used on or in
connection with the site(s) for a combined single limit for bodily injury and property
damage of not less than $500,000 per occurrence.
D. Builder's Risk
• This insurance is needed only for construction of a new building or a major addition
to an existing building. If the contract involves installing equipment or materials in
an existing building, the contractor should have in effect an "installation floater."
Before beginning work, the contractor shall furnish the HA with a certificate of
insurance evidencing that a builder's risk (property) is in force. The builder's risk
insurance shall be for the benefit of the contractor and the HA as their interests may
appear and each shall be named, in the policy or policies as an insured.
• The contractor is not required to carry builder's risk insurance on: excavations, piers,
footings or foundations until such time as work on the superstructure is started; or
work which does not involve structural alterations or additions and where the HA's
existing policy will provide coverage.
Policies shall furnish coverage at all times for the full replacement cost of all completed
construction, as well as materials in place and/or stored at the site(s), whether or not partial
payment has been made by the HA. The contractor may terminate this insurance on buildings
taken over for occupancy by the HA as of the date the buildings are taken over.
1.3.3 MAINTENANCE CONTRACTORS
Maintenance Contractors (repair work, preventive maintenance and cyclical maintenance -such
as janitorial maintenance and mowing) shall provide the same insurance as set forth in Section
13.2 above with the exception of builder's risk insurance.
13.4 ARCHITECTS AND ENGINEERS
Required Insurance shall consist of the following insurance (minimum of $500,000 per policy):
Commercial or comprehensive general liability, and automobile.
13.5 CONSULTANTS (EXCEPT A/E)
If on-site work is involved, consultants shall furnish following insurance (minimum of $500,000
per policy): Commercial or comprehensive general liability, and automobile.
14.0 SPECIFICATIONS AND STATEMENTS OF WORK
14.1 GENERAL
All specifications and statement of work (SOWS) shall be drafted so as to promote overall
economy for the purpose intended and to encourage competition in satisfying Authority needs.
Specifications and SOWS shall be reviewed prior to issuing any solicitation to ensure that they
are not unduly restrictive or represent unnecessary or duplicative items.
Page l 8 of 21
14.2 STATEMENTS OF WORK
All SOWs shall incorporate a scope of work (a detailed description of the project for which the
contractor/consultant will be providing services) and a scope of services (a detailed description
of the services the contractor/consultant will provide relative to the project). All solicitation
documents shall include the SOW. The Authority will include the SOW in the solicitation
document and the contract documents. (In general, solicitation documents will be considered
part of the contract documents. )
14.3 TECHNICAL SPECIFICATIONS
Technical specifications refer to either description of a manufactured good (i.e., supply, material
or equipment) that the Authority intends to acquire; or description of a product the Authority
intends to produce or construct (e.g., management system, report, building structure or fixture).
When procuring goods, or hiring acontractor/consultant to produce or construct a product, the
Authority will include technical specifications in the solicitation document and the contract
documents. (In general, solicitation documents will be considered part of the contract
documents.) If at all possible, technical specifications shall not be unduly restrictive of
competition. Unless a manufactured good is truly proprietary, the Authority shall prepare
specifications that include the salient design and/or performance parameters of the item. The
Authority may include a list of at least three manufacturers (including model designations, if
applicable) as part of the description, but must stress that the named items are only examples of
items that meet the specifications.
14.4 DRAWINGS
Drawings shall be prepared for physical improvement projects where the complexity of the
project warrants.
14.5 GEOGRAPHICAL PREFERENCES
The Authority cannot impose geographical limits on contractors/consultants except for architects
and engineers -but only if those limits leave an adequate number of sources from which to
obtain reasonable offers.
15.0 RECORDS
15.1 FILE DOCUMENTS
The Authority must maintain records sufficient to detail the significant history of each
procurement action. These records shall include, but shall not necessarily be limited to, the
following:
A. Rationale for the method of procurement;
B. rationale of contract pricing arrangement;
C. reason for accepting or rejecting quotes, bids or proposals;
D. basis for the contract price;
E. copies of solicitation documents;
F. bid tabulations;
Page 19 of 21
G. copies of written offers (including, where applicable, catalog pages, brochures,
advertisements, web pages, etc.);
H. transcript of offers where not in writing;
I. copies of contract documents;
J. copies of submittals received by the Authority (e.g., insurance certificates, payroll
reports, shop drawings, payment requests, contract modification requests, requests for
time extensions, etc.);
K. basis for contract modifications;
L. all directives issues by the Authority (e.g., notices-to-proceed, stop orders, change orders,
approvals, designation of contracting officer forms, etc.);
M. inspection reports generated by the Authority or consultant;
N. certificates of completion;
O. documentation describing disputes or protests; and
P. warranty documentation.
15.3 FILING SYSTEM
The Authority shall maintain one file folder for procurement transactions under $2,000; and at
least two file folders (one set for the planning and solicitation processes; and a second set for
contract award and administration processes) for all procurement transactions over $2,000. All
paperwork shall be neatly filed and in chronological order. Multi-leaf folders shall be used when
the size of the contract warrants it.
15.4 RECORD RETENTION
Records are to be retained for a period of five years after final payment, or all matters pertaining
to the contact are closed, whichever is longer.
16.0 SPECIAL PROVISIONS ASSOCIATED WITH THE AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009
16.1 GENERAL
The following provisions pertain only to procurement transactions paid with Capital Fund
Recovery Grants (CFRGs) funded under the American Recovery and Reinvestment Act of 2009
(ARRA).
A. Origin of Manufactured Products. All products (supplies, materials and equipment)
secured under individual procurement transactions exceeding $100,000 must be
manufactured in America. The Authority will retain on file evidence demonstrating
compliance with this provision.
B. Inapplicability of State and local laws. State and local laws do not apply to
procurement transactions under this section.
C. Use of the Non-Competitive Method of Procurement. The need to expend grant funds
is considered a public exigency by HUD; and the Authority may use this declaration as
Page 20 of 21
the basis for using the non-competitive proposals method of procurement in accordance
with the standards set forth under Section 4.4 of this Policy.
D. Eligibility of Expenses. The Authority may not use grant funds to support housing
operations. Prohibited purchases include, but are not necessarily limited to:
Management improvements, including training, travel, salary costs, maintenance
programs, occupancy programs, social services, consulting services (other than
architectural, engineering and other types of services related to physical improvements);
office equipment and furniture; and maintenance equipment.
Date Policy was adopted:
Page 2 l of 21
Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5138
RESOLUTION NO. 09-362
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE WATER
SOURCE WELL FLOOD MITIGATION PROJECT.
18
WHEREAS, the City of Iowa City desires to protect the water supply source wells during flood
events; and
WHEREAS, the project will construct flood mitigation improvements on the Peninsula well field
site for Collector Well 3, Silurian Well 4 and Collector Well 4, and the University of Iowa campus
for Jordan Well 2; and
WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final
design services and provide construction phase engineering services for construction of the Water
Source Well Flood Mitigation Project; and
WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with
Howard R. Green Company, to provide 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 THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Consultant's Agreement attached hereto is in the public interest, and is approved as
to form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant's Agreement.
Passed and approved this 17th day of Nover20_11.9-.•
~- ~I ~/
ATTEST:
CITY LERK
Approved by CJ ~~11 ~~ LL__ ..
i~T~
City Attorney's Office It (U/o9
i'weng/res/WtrsourceW eIIFIoodMitigation.da
Resolution No. 09-362
Page 2
It was moved by Wright and seconded by Hayek 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
wpd atalglossary/resolution-ic.d oc
Section IV
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 17th day of November , 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 implement flood mitigation improvements on the peninsula well
field site for CW 3, SW 4, and CW 4, and on the U of I campus near downtown for JW 2, all
according to the Preliminary Engineering Report, Flood Mitigation Study, Water Source Well
Houses, Iowa City, Iowa, August 25, 2009, 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.
SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
Project Scopin_q
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. Provide project management throughout the project.
6. Provide project coordination with Federal FEMA and State HSEMD throughout the
project, estimated as a contingency of 8 hours per month to account for agency
requirements that are not well defined at this time.
-2-
Design Phase Services
Section IV
Prepare construction drawings, anticipated as 29 sheets to include the following:
1. Cover Sheet with Index, Vicinity Map, and Location Map
2. CW 3 Site Demolition Plan & Details
3. CW 3 Site Plan, Elevations, Sections & Details
4. CW 3 Building Hardening/Floodproofing Demolition Plan 8~ Details
5. CW 3 Building Hardening/Floodproofing Plan, Elevations, Sections &
Details
6. CW 3 Building Electrical Demolition Plan, Elevations, Sections & Details
7. CW 3 Building Electrical Plan, Elevations, Sections & Details
8. CW 3 Building Electrical One-Line Diagram, Schedules & Details
9. SW 4 Site Demolition Plan & Details
10. SW 4 Site Plan, Elevations, Sections & Details
11. SW 4 Building Electrical Demolition Plan, Elevations, Sections & Details
12. SW 4 Building Electrical Plan, Elevations, Sections & Details
13. SW 4 Building Electrical One-Line Diagram, Schedules 8~ Details
14. CW 4 Site Demolition Plan & Details
15. CW 4 Site Plan, Elevations, Sections & Details
16. CW 4 Building Hardening/Floodproofing Demolition Plan & Details
17. CW 4 Building Hardening/Floodproofing Plan, Elevations, Sections &
Details
18. CW 4 Building Electrical Demolition Plan, Elevations, Sections & Details
19. CW 4 Building Electrical Plan, Elevations, Sections & Details
20. CW 4 Building Electrical One-Line Diagram, Schedules & Details
21. Generator Transfer Switch Site Plan & Details
22. Generator Transfer Switch Site Elevations, Sections & Details
23. Medium Voltage Loop Plan & Profile (1 "=50')
24. Medium Voltage Loop Plan & Profile (1"=50')
25. Medium Voltage Loop Plan & Profile (1"=50')
26. Medium Voltage Loop Schematic & Details
27. JW 2 Building Electrical Demolition Plan, Elevations, Sections & Details
28. JW 2 Building Electrical Plan, Elevations, Sections & Details
29. JW 2 Building Electrical One-Line Diagram, Schedules & Details
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. Prepare final drawings, specifications, and contract documents incorporating comments
as agreed upon in the 90% complete review meeting.
-3-
Section IV
8. Provide a final opinion of probable cost for the project to file with the completed
documents.
9. Furnish 6 copies of the final drawings, specifications, contract documents, and opinion
of probable cost to City.
10. 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.
11. 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 60 sets of documents.
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.
-4-
Section IV
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.
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 12 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.
-5-
Section IV
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.
II. 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: November 27, 2009
B. Preliminary work and information collection by: December 11, 2009
C. 50% complete review meeting by: January 15, 2010
D. 90% complete review meeting by: February 19, 2010
E. Submit final documents to City and IDNR by: February 26, 2010
F. Advertise for Bids by: March 1, 2010
G. Hearing and letting, bid opening, award contract by: April 2, 2010
H. Pre-construction conference, notice to proceed by: April 9, 2010
I. Project completion by: August 6, 2010
III. GENERAL TERMS
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender identity,
or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work
and services performed up to the time of termination. However, such sums shall
not be greater than the "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.
_ g _ Section IV
IV.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City
shall be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative
to specific projects covered under this Agreement. In such event, the Consultant
shall not be liable for the City's use of such documents on other projects.
I. The Consultant agrees to furnish all reports, specifications, and drawings, with the
seal of a 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 City to withhold payment of the
amount sufficient to properly complete the Project in accordance with this
Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the
remaining portion shall be deemed severable from the invalid portion and continue
in full force and effect.
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.
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
-7-
Section IV
Preliminary and General Work (D) $157,000.00
o Bidding Phase (B) $18,000.00
o Construction Phase minus Resident Project Representative (CA)
(Optional at the City's Request) $47,000.00
o Resident Project Representative Construction Observation (CO)
(Optional at the City's Request) $38,000.00
o TOTAL Base Fee for Design Phase and Bidding Phase (D&B) $175,000.00
o TOTAL D8~B Plus CA (Optional at the City's Request) $222,000.00
o TOTAL D8~B Plus CA Plus CO (Optional at the City's Request) $260,000.00
These fees are further broken down by facility (CW 3, CW 4, SW 4, JW 2) by the
percentage of each facility's opinion of probable construction cost to the total opinion of
probable construction cost of all facilities. This breakdown is as follows:
CW 3 CW 4 SW 4 JW 2 TOTAL
45.30% 43.73% 7.44% 3.53% 100.00%
p 71,121.00 68,656.00 11,681.00 5,542.00 157,000.00
g 8,154.00 7,872.00 1,339.00 635.00 18,000.00
• CA 21,291.00 20,553.00 3,497.00 1,659.00 47,000.00
• CO 17.214.00 16,618.00 2.827.00 1,341.00 38.000.00
pg~6 79,275.00 76,528.00 13,020.00 6,177.00 175,000.00
• D8~B + CA 100,566.00 97,081.00 16,517.00 7,836.00 222,000.00
• D&B + CA + CO 117,780.00 113,699.00 19,344.00 9,177.00 260,000.00
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.
FC
ey
Tit
Da
ATTEST: ~~~ .s~~
pw\form s\con sag mt.frm
O:\PROJ\529190JO1ViDMINWgr-111609-Iowa City-Peninsula Flood Mitigation.doc
Approvod ey
City Attorney's Office << ~~ 7~0 ~
-8-
Section IV
FOR THE CONSULTANT
Title: /~~ ~!~-~/4'wi
Date: //~~~ 9
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
i~
Section IV
CONSULTANT AGREEMENT
THIS AGREEMENT, made and enf~red into this day of 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 implemerit.~flood mitigation improvements on t e peninsula well
field site for CW 3, SW 4, and CW 4, and,On the U of I campus near dow own for JW 2, all
according to the Preliminary Engineering port, Flood Mitigation Study, ater Source Well
Houses, Iowa City, Iowa, August 25, 2009, a Consultant shall perfor design, bidding, and
construction phase engineering services as deft ed in the scope of servic as follows.
NOW THEREFORE, it is agreed by and betw~n the parties here that the City does now
contract with the Consultant to provide services as et forth herein.
I. SCOPE OF SERVICES
Consultant agrees to perform the following services for he City, nd to do so in a timely and
satisfactory manner.
Proiect Scopin_q
1. Submit draft Agreement including scope of servi s, chedule, and fee.
2. Receive City comments on draft Agreement, s pe, s edule, and fee.
3. Revise and resubmit Agreement, scope, sch~dule, and tl~e based on City's comments.
4. Proceed with the project upon approval by ity and receip of signed Agreement.
Preliminary and General Work
1. Conduct a kickoff meeting with Cit to review the project scope, chedule, and fee, and
to discuss key elements.
2. Conduct a kickoff meeting with~HR Green project team to review th project scope,
schedule, fee, and key elements.
3. Collect maps, drawings, specifications, reports, and other pertinent in rmation from
City.
4. Perform design survey and base mapping services of the project areas, to include
topographic and utility location surveying.
5. Provide project management throughout the project.
6. Provide project coordination with Federal FEMA and State HSEMD throughout the
project, estimated as a contingency of 8 hours per month to account for agency
requirements that are not well defined at this time.
-2-
Design Phase Services
Section IV
Prepare construction drawings, anticipated as 29 sheets to include the following:
1. Cover Sheet with Index, Vicinity Map, and Location Map
2. CW 3 Site Demolition Plan & Details
3. CW 3 Site Pla Elevations, Sections & Details
4. CW 3 Building rdening/Floodproofing Demolition Plan & Details
5. CW 3 Building H rdening/Floodproofing Plan, Elevations, Sections &
Details ~
6. CW 3 Building Elec ical Demolition Plan, Elevations, Sections & Details
7. CW 3 Building Elect al Plan, Elevations, Sec 'ons & Details
8. CW 3 Building Electri I One-Line Diagram, hedules & Details
9. SW 4 Site Demolition an & Details
10. SW 4 Site Plan, Elevati s, Sections & Det ils
11. SW 4 Building Electrical emolition Plan, levations, Sections & Details
12. SW 4 Building Electrical n, Elevations, Sections & Details
13. SW 4 Building Electrical O e-Line Diagr m, Schedules & Details
14. CW 4 Site Demolition Plan Details
15. CW 4 Site Plan, Elevations, ections Details
16. CW 4 Building Hardening/Flo proof' g Demolition Plan & Details
17. CW 4 Building Hardening/Floo pro ing Plan, Elevations, Sections &
Details
18. CW 4 Building Electrical Demolit Plan, Elevations, Sections & Details
19. CW 4 Building Electrical Plan, EI vations, Sections & Details
20. CW 4 Building Electrical One-Li a Diagram, Schedules & Details
21. Generator Transfer Switch Site Pla & Details
22. Generator Transfer Switch Sit Ele ations, Sections & Details
23. Medium Voltage Loop Plan Profile (1 "=50')
24. Medium Voltage Loop Plan Profile 1 "=50')
25. Medium Voltage Loop Plan & Profile "=50')
26. Medium Voltage Loop Sc matic & D tails
27. JW 2 Building Electrical emolition Pla ,Elevations, Sections & Details
28. JW 2 Building Electrical Ian, Elevation ,Sections & Details
29. JW 2 Building Electrica One-Line Diagr ,Schedules & Details
2. Prepare construction specifications an contract documen
3. Prepare an opinion of probable cost r the project at the 50 ° and 90% complete
milestones. Perform cost trending identify elements of the current design that have
either increased or decreased the onstruction and/or engine ing cost or time.
4. Perform QA/QC review of drawin s, specifications, contract do ments, and opinion of
probable cost at the 50% and 9 /o complete milestones.
5. Submit 6 copies of the drawin s, specifications, contract documen s, and opinion of
probable cost at the 50% an 90% complete milestones to City sta for review. Submit
copies of review documents o City staff one week prior to each prof ct status meeting.
6. Conduct project status me tings with City staff to review the 50% and 0% complete
documents, discuss cont nt and schedule of remaining work, and receive comments
and approvals of these fforts. Incorporate City comments as agreed upon in the
project status meetings.
7. Prepare final drawings, specifications, and contract documents incorporating comments
as agreed upon in the 90% complete review meeting.
-3-
Section IV
8. Provide a final opinion of probable cost for the project to file with the completed
documents.
9. Furnish 6 copies of the final drawings, specifications, contract documents, and opinion
of probable cost to City.
10. 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.
11. Develop a final project schedule for advertisement, bidding, an construction
completion.
Biddin_g Phase_ Services
1. Print the required umber of drawings, specifications, and ontract documents for
distribution to pros ctive bidders, suppliers, and plan roo s for the project. Anticipated
to be 60 sets of doc ents.
2. Advertise for bids for th onstruction of the project by ailing an informal Notice of
Project to prospective bid rs and suppliers. City sha publish the legal Notice of
Hearing and Letting for the p jest in a local newspa er.
3. Furnish copies of drawings, spe 'fications, and con act documents to prospective
bidders, suppliers, plan rooms, an other intereste parties.
4. Receive and process deposits for bid 'ng docu nts and maintain a record of parties to
whom bidding documents have been is ed.
5. Correspond with prospective bidders, supp 'er ,and other interested parties with
questions and comments during the bid peri
6. Prepare and issue addenda as appropriate o in rpret, clarify, or expand bidding
documents.
7. Coordinate and conduct apre-bid meeti g and distri ute minutes of the meeting to all
attendees.
8. Attend the bid opening and assist Cit with opening of bi
9. Prepare bid tabulation sheets and d' tribute to City and all p n holders.
10. Assist City in evaluating bids and arding a construction cont ct. Issue a Notice of
Award to contractor.
11. Prepare construction contract d currents and submit to contractor r completion.
12. Review and submit the execu d contract documents to City for appr val.
Construction Phase Services
Coordinate and conduct
1 j 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.
-4-
Section IV
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 cont act documents to protect City against defects and deficiencies
in construction on the p rt of contractor, however, the Engineer c nnot guarantee the
performance of any con ractor. Three hours per week for the est mated construction
duration of 4 months, or 17 weeks, is planned. A total of 52 hou s is budgeted.
5. Provide intermittent engin eying review of the work of the contr ctor as construction
progresses to ascertain tha the contractor is conforming to th design concept. Two
site visits per month by the p oject engineer are proposed du ing the 4-month
construction duration. A total f 64 hours and 8 trips are bu geted.
6. Provide routine resident project r resentative constructs observation of the work of
the contractor to assure proper ver ication of methods a d materials used.
Approximately half-time construction bservation consi ing of two-to-three days per
week throughout the construction dur ion of 4 month , or 17 weeks, is proposed. A
total of 344 hours and 43 trips are budg ted.
7. Attend regularly scheduled jobsite constru ion pro ress meetings conducted by the
contractor, estimated at a frequency of once er onth for the 4-month construction
duration included in the intermittent engineers eview.
8. Review contractor's applications for monthly p o ress payments and final payment, and
when approved submit to City for payment. sti ted at a frequency of once per month
for the 4-month construction duration. A to I of 8 urs is budgeted.
9. Review contractor's requests for change rders, advi City of the merit and
reasonableness of requests, and when nalized submi to City for approval. Estimated
at a frequency of once per month fort a 4-month constr ction duration. A total of 8
hours is budgeted.
10. HR Green will not attend monthly ty Council meetings for is project. City staff shall
report on the progress of the proj ct and present contractor's applications for payments
and change orders for approval.
11. Submit to City a statement of bstantial completion for the proj ct.
12. Conduct one pre-final inspe ion and develop a punchlist of items emaining to be
completed by contractor. timated as one trip by project enginee A total of 12 hours
and one trip are budgeted
13. Conduct one final inspe ion to verify completion of punchlist items by contractor. A
total of 8 hours and on trip are budgeted.
14. Submit to City a stat ent of final completion for the project, and obtai rom City
written final accepta ce of the completed project.
-5-
Section IV
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.
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
A. Signed Agreement d notice to proceed by: November 27, 2009
B. Preliminary work and 'nformation collection by: December 11, 2009
C. 50% complete review eeting by: January 15, 2010
D. 90% complete review eeting by: February 19, 2010
E. Submit final documents o City and IDNR by: February 26, 2010
F. Advertise for Bids by: March 1, 2010
G. Hearing and letting, bid op Wing, award contract by: April 2, 2010
H. Pre-construction conferenc notice to proceed by: April 9, 2010
I. Project completion by: August 6, 2010
III. GENERAL TERMS
A. The Consultant shall not commit a of th following employment practices and
agrees to prohibit the following practic sin ny subcontracts.
1. To discharge or refuse to hire individual because of their race, color,
religion, sex, national origin, di abi'ty, age, marital status, gender identity,
or sexual orientation.
2. To discriminate against an individual i terms, conditions, or privileges of
employment because of heir race, co r, religion, sex, national origin,
disability, age, marital st us, gender ident , or sexual orientation.
B. Should the City terminate thi Agreement, the Cons Itant shall be paid for all work
and services performed up the time of termination. However, such sums shall
not be greater than the "no to exceed" amount listed i Section IV. The City may
terminate this Agreemen upon seven (7) calendar ys' written notice to the
Consultant.
C. This Agreement shall binding upon the successors an assigns of the parties
hereto, provided that o assignment shall be without the ritten consent of all
Parties to said Agree ent.
D. It is understood an agreed that the retention of the Consultant by the City for the
purpose of the P oject shall be as an independent contrac or and shall be
exclusive, but th Consultant shall have the right to employ su h assistance as
may be required or the performance of the Project.
E. It is agreed by e City that all records and files pertaining to information needed by
the Consulta for the project shall be available by said City upon reasonable
request tot Consultant. The City agrees to furnish all reasonable assistance in
the use oft ese records and files.
-6-
Section IV
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, a Consultant shall attend meetings of the City Council
relative to the work set fort in this Agreement. Any requests made by the City
shall be given with reasonabl notice to the Consultant to as~ure attendance.
H. The Consultant agrees to furn h, upon termination of thi Agreement and upon
demand by the City, copies of II basic notes and sketche ,charts, computations,
and any other data prepared r obtained by the Co ultant pursuant to this
Agreement without cost, and wit out restrictions or limit ion as to the use relative
to specific projects covered unde this Agreement. In uch event, the Consultant
shall not be liable for the City's use of such documents n other projects.
I. The Consultant agrees to furnish all eports, specific ions, and drawings, with the
seal of a professional engineer affix d thereto or ch seal as required by Iowa
law.
J. The City agrees to tender the Consults t all fee in a timely manner, excepting,
however, that failure of the Consultant to satisfa torily perform in accordance with
this Agreement shall constitute grounds r th City to withhold payment of the
amount sufficient to properly complete he Project in accordance with this
Agreement.
K. Should any section of this Agreement b and invalid, it is agreed that the
remaining portion shall be deemed severs a fr m the invalid portion and continue
in full force and effect.
Original contract drawings shall becom the prop y of the City. The Consultant
shall be allowed to keep mylar reprod ible copies for the Consultant's own filing
use.
IV
M. Fees paid for securing approval of uthorities having 'urisdiction over the Project
will be paid by the City.
N. Upon signing this agreement, Co sultant acknowledged hat Section 362.5 of the
Iowa Code prohibits a City officer or employee from havin an interest in a contract
with the City, and certifies that o employee or officer of t e City, which includes
members of the City Council d City boards and commis ions, has an interest,
either direct or indirect, in this greement, that does not fall w hin the exceptions to
said statutory provision enum rated in Section 362.5.
O. The Consultant agrees at all times material to this Agreement to have and maintain
professional liability insu ance covering the Consultant's liability for the
Consultant's negligent a s, errors and omissions to the Cit in the sum of
$1,000,000.
COMPENSATION FOR SERVI ES
Fee based on hourly rates pl s reimbursable expenses according to the attached Billing
Rate Schedule estimated n t to exceed the amounts as follows in each phase of the
project:
o Design Phase, including Project Scoping and
_ 7 _ Section IV
Preliminary and General Work (D) $157,000.00
o Bidding Phase (B) $18,000.00
o Construction Phase minus Resident Project Representative (CA)
(Optional at the City' Request) / $47,000.00
o Resident Project Representative Construction Observatigh (CO)
o TOTAL Base Fee for esign Phase and Bidding Phas (D&B) $175,000.00
o TOTAL D&B Plus CA Optional at the City's Request $222,000.00
o TOTAL D&B Plus CA lus CO (Optional at the City' Request) $260,000.00
These fees are further broken down by facility (CW 3 CW 4, SW 4, JW 2) by the
percentage of each facility's opinion of probable constr tion cost to the total opinion of
probable construction cost of all facilities. This breakdo n is as follows:
• D
B
• CA
• CO
• D&B
• D8~6 + CA
• D&B + CA + CO
V. MISCELLANEOUS
CW 3 CW 4 SW 4 JW 2 TOTAL
45.30% 43.73°/ 7.44% 3.53% 100.00%
71,121.00 68,656 0 11,681.00 5,542.00 157,000.00
8,154.00 ' , 7,87 .00 1,339.00 635.00 18,000.00
21,291.00 20,5 3.00 3,497.00 1,659.00 47,000.00
17,214.00 18~ 18.00 2,827.00 1.341.00 38,000.00
79,275.00 7 28.00 13,020.00 6,177.00 175,000.00
100,566.00 ,0 1.00 16,517.00 7,836.00 222,000.00
117,780.00 3,69 .00 19,344.00 9,177.00 260,000.00
A. All provisions of the Ag
generally accepted standa
B. It is further agreed that
upon or resulting from
Agreement, and that no
ant shall be reconciled in accordance with the
the Engineering rofession.
are no other consi erations or monies contingent
execution of this Ag ement, that it is the entire
monies or consideratio have been solicited.
FOR THE CITY
By:
Title: Manor
Date:
ATTEST:
City Clerk
pw\forms\consag mt.frm
0:\PROJ\5'1S190J01 WOMIN1Agr-11 iG09-Iowa City-Peninsula Flcwd
./ ~ /.~~ P.( . i7'l~P/Yl rt R.-!7JTil ~VG'f'
~ltX AttOmey'S Office ~
_ g _ Section IV
FOR THE CONSULTANT
Howard R. Green Company
HOWARD R. GREEN COMPANY
Billing Rate Schedule
Effective January 1, 2009
Billing
Professional Services Rate Range
i
Principal \ $185 to $2~5
Senior Professional ~~~ $135 to 185
Professional ~ $110 0 $160
Junior Professional $8 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 irt/the performance of work ~n this project will be billed at
cost plus 10%. ~ \
2. Auto mileage will be reimburs d per the standard mileage reimb rsement rate established
by the Internal Revenue Serv'ce. Survey vehicle mileage will be r imbursed on the basis of
$0.85 per mile.
3. Charges for sub-consult is will be billed at their invoice cost plus 15%.
4. A rate of $6.00 will a 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
Section IV
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this day of 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 implement flood mitigation improvements on the peninsula well
field site for CW 3, SW 4, and CW 4, and on the U of I cam. us near downtown for JW 2, all
according to the Preliminary Engineering Report, Flood Mitig tion Study, Water Source Well
Houses, Iowa City, Iowa, August 25, 2009, the Consultant s all perform design, bidding, and
construction phase engineering services as defined in the scop 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 h~rein.
I. SCOPE OF SERVICES `~
Consultant agrees to perform the following services for the Eity, and to do so in a timely and
satisfactory manner.
,;{
Project Scopin9
1. Submit draft Agreement including scope of se~ces, sch~dule, and fee.
~ ~
2. Receive City comments on draft Agreement, ope, sche ule, and fee.
3. Revise and resubmit Agreement, scope, sch dule, and fee ased on City's comments.
4. Proceed with the project upon approval by ity and receipt o signed Agreement.
Preliminary and General Work
1. Conduct a kickoff meeting with City to r view the project scope, s hedule, and fee, and
to discuss key elements.
2. Conduct a kickoff meeting with HR G een project team to review th project scope,
schedule, fee, and key elements.
3. Collect maps, drawings, specificati ns, reports, and other pertinent information from
City.
4. Perform design survey and base apping services of the project areas, to include
topographic and utility locations eying.
5. Provide project management throughout the project.
6. Provide project coordination with Federal FEMA and State HSEMD throughout the
project, estimated as a contingency of 8 hours per month to account for agency
requirements that are not well defined at this time.
-2-
Design Phase Services
Section IV
Prepare construction drawings, anticipated as 29 sheets to include the following:
1. Cov Sheet with Index, Vicinity Map, and Location Map
2. CW Site Demolition Plan & Details
3. CW 3 Site Plan, Elevations, Sections & Details
4. CW 3 uilding Hardening/Floodproo ing Demolition Plan & Details
5. CW 3 Building Hardening/Floodpro ing Plan, Elevations, Sections &
Details `'
6. CW 3 Building Electrical Demolitio Plan, Elevations, Sections & Details
7. CW 3 Building Electrical Plan, Ele ations, Sections & Details
8. CW 3 Building Electrical One-Lin Diagram, Schedules & Details
9. SW 4 Site Demolition Plan & Det ils
10. SW 4 Site Plan., Elevations, Sec ons & Details
11. SW 4 Building electrical Demoli on Plan, Elevations, Sections & Details
12. SW 4 Building Electrical Plan, levations, Sections & Details
13. SW 4 Building Electrical One- ne Diagram, Schedules & Details
14. CW 4 Site Demolition Plan & Details
15. CW 4 Site Plan, Elevations, ections & Details
16. CW 4 Building Hardening/F odproofing Demolition Plan & Details
17. CW 4 Building Hardening/ oodproofing Plan, Elevations, Sections &
Details
18. CW 4 Building Electrical` emolition Plan, Elevations, Sections & Details
19. CW 4 Building Electric F?lan, Elevations, Sections & Details
20. CW 4 Building Electric I One-Line Diagram, Schedules & Details
21. Generator Transfer itch Site Plan & Details
22. Generator Transfer witch St#e Elevations, Sections & Details
23. Medium Voltage L p Plan &'Profile (1"=50')
24. Medium Voltage op Plan & Profile (1 "=50')
25. Medium Voltage oop Plan & Profile (1"=50')
26. Medium Voltag Loop Schematic Details
27. JW 2 Building lectrical Demolitior~Plan, Elevations, Sections & Details
28. JW 2 Buildin Electrical Plan, Elevations, Sections & Details
29. JW 2 Buildi _ Electrical One-Line Diagram, Schedules & Details
2. Prepare construction speci cations and contract docum nts.
3. Prepare an opinion of pr able cost for the project at the % and 90% complete
milestones. Perform co trending to identify elements oft current design that have
either increased or decr ased the construction and/or engin ring cost or time.
4. Perform QA/QC revie of drawings, specifications, contract do uments, and opinion of
probable cost at the 5 % and 90% complete milestones.
5. Submit 6 copies oft drawings, specifications, contract docume s, and opinion of
probable cost at the;50% and 90% complete milestones to City sta for review. Submit
copies of review documents to City staff one week prior to each prof ct 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. Prepare final drawings, specifications, and contract documents incorporating comments
as agreed upon in the 90% complete review meeting.
-3-
Section IV
8. Provide a final opinion of probable cost for the project to file with the completed
documents.
9. Furnish 6 copies of the final drawings, specifications, contract documents, and opinion
of probable cost to City.
a
10. Prepare and submit permit applications necessary for approval of construction of the
proposed improvements. These include IDNR Water S pply Construction Permit and
IDNR/USACOE Joint Nationwide Permit for Constructio in Floodplain.
11. Develop a final project.schedule for advertisement, biddi g, and construction
completion.
Bidding Phase Services
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11
12
Print the required number of dra~iri
distribution to prospective bidders
to be 60 sets of documents. ~~
Advertise for bids for the construction f the
Project to prospective bidders and sup tiers
Hearing and Letting for the project in a I cal
Furnish copies of drawings, specifications,
bidders, suppliers, plan rooms, and other in
Receive and process deposits for bidding c
whom bidding documents have been iss ed
Correspond with prospective bidders, ppli
questions and comments during the b' per'
Prepare and issue addenda as appr priate
documents.
Coordinate and conduct apre-bid eeti
attendees.
Attend the bid opening and assis
Prepare bid tabulation sheets a
Assist City in evaluating bids a d
Award to contractor.
Prepare construction contrac documents a
Review and submit the exec ted contract d
holders.
Issue a Notice of
nd submit to contractor for completion.
ocuments to City for
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 tli'e meeting to alt attendees. Issue a Notice to Proceed to
contractor.
ngs, specification ,and contract documents for
suppliers, and p n rooms for the project. Anticipated
rod ct by mailing an informal Notice of
C~ y shall publish the legal Notice of
'd contract documents to prospective
rested parties.
;~ments and maintain a record of parties to
ers, al~d other interested parties with
iod. ~
to interpr~t, clarify, or expand bidding
ng and distributeminutes of the meeting to all
City with opening of bids
d distribute to City and all p
awarding a construction cc
-4-
Section IV
2. Establish control points and benchmarks for the contractor's use in his detailed staking
of the project.
3. Review any necessar shop drawings, samples, and manufacturer's data furnished by
contractor. The shop~lrawing reviews will be completed in accordance with the project
specifications. ~.
4. Provide general correspondence with City, contractor, su contractors, and suppliers
throughout the project duration, estimated as 4-month co struction duration. Act as
City's representative, consult with and advise City, issue nstructions to contractor, and
have the authority to act on behalf of City. Interpret the ' tent of the drawings,
specifications, and contract documents to protect City a ainst defects and deficiencies
in construction on the part of con#ractor, however, the ngineer cannot guarantee the
performance of any contractor. Three hours per wee for the estimated construction
duration of 4 months, or 17 weeks, is planned. A tot of 52 hours is budgeted.
5. Provide intermittent engineering review of the work f the contractor as construction
progresses to ascertain that the contractor is conf ming to the design concept. Two
site visits per month by the project engineer are p oposed during the 4-month
construction duration. A total of 64 hours~nd 8 ips are budgeted.
6. Provide routine resident project representative onstruction observation of the work of
the contractor to assure proper verification of ethods and materials used.
Approximately half-time construction observa ~ consisting of two-to-three days per
week throughout the construction duration of 4 ri'~onths, or 17 weeks, is proposed. A
total of 344 hours and 43 trips are budgete .
7. Attend regularly scheduled jobsite constru tion prog ess meetings conducted by the
contractor, estimated at a frequency of o ce per mon for the 4-month construction
duration included in the intermittent engi Bering revie
8. Review contractor's applications form thly progress pa ments and final payment, and
when approved submit to City for pay ent. Estimated at frequency of once per month
for the 4-month construction duration A total of 8 hours is udgeted.
9. Review contractor's requests for ch nge orders, advise City o the merit and
reasonableness of requests, and en finalized submit to City or approval. Estimated
at a frequency of once per month or the 4-month construction ration. A total of 8
hours is budgeted.
10. HR Green will not attend month) City Council meetings for this pro ct. City staff shall
report on the progress of the pr ject and present contractor's applic tions for payments
and change orders for approv
11. Submit to City a statement of ubstantial completion for the project.
12. Conduct one pre-final inspe ion and develop a punchlist of items remain'ng to be
completed by contractor. E timated as one trip by project engineer. A to I of 12 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.
-5-
Section IV
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.
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Pr ject in accordance with the
schedule shown.
A. Signed Agreement ancf,;notice to proceed by: October 23, 2009
B. Preliminary work and information collection by: November 6, 2009
C. 50% complete review me~.ting by: December 11, 2009
D. 90% complete review meeting by: January 15, 2010
E. Submit final documents to Cry and IDNR January 22, 2010
F. Advertise for Bids by: ~` January 25, 2010
G. Hearing and letting, bid openin ,award ontract by: February 26, 2010
H. Pre-construction conference, no 'ce to roceed by: March 5, 2010
I. Project completion by: July 2, 2010
i
III. GEN ERAL TERMS
A. The Consultant shall not com
agrees to prohibit the following
` the following employment practices and
in any subcontracts.
To discharge or refu to hire
religion, sex, nation origin, di
or sexual orientatio .
individual because of their race, color,
ly, age, marital status, gender identity,
2. To discriminate ainst any individual terms, conditions, or privileges of
employment be ause of their race, c or, religion, sex, national origin,
disability, age, arital status, gender iden 'ty, or sexual orientation.
B. Should the City term' ate this Agreement, the Con ultant shall be paid for all work
and services perfor ed up to the time of terminatio However, such sums shall
not be greater tha the "not to exceed" amount listed 'n Section IV. The City may
terminate this A Bement upon seven (7) calendar ays' written notice to the
Consultant.
C. This Agreeme t shall be binding upon the successors an assigns of the parties
hereto, provi d that no assignment shall be without the ritten consent of all
Parties to sa' Agreement.
D. It is under tood and agreed that the retention of the Consultant y the City for the
purpose of the Project shall be as an independent contract r and shall be
exclusive, but the Consultant shall have the right to employ suc 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.
-6-
K.
L.
M
N.
O
Section IV
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City
shall be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement wi .out cost, and without restrictions or limitation as to the use relative
to specific proje s covered under this Agreement. In such event the Consultant
shall not be liable r the City's use of such documents on other pr,.ojects.
The Consultant agre to furnish all reports, specifications, an drawings, with the
seal of a professional ngineer affixed thereto or such sea as required by Iowa
law.
The City agrees to tender he Consultant all fees in timely manner, excepting,
however, that failure of the onsultant to satisfactor' perform in accordance with
this Agreement shall constit a grounds for the ty to withhold payment of the
amount sufficient to proper) complete the oject in accordance with this
Agreement. .
Should any section of this Agref
remaining portion shall be deemed
in full force and effect.
found invalid, it is agreed that the
from the invalid portion and continue
Original contract drawings shall b
shall be allowed to keep mylar re
use. ,
the property of the City. The Consultant
~le copies for the Consultant's own filing
Fees paid for securing appro I of authoritie having jurisdiction over the Project
will be paid by the City.
Upon signing this agree nt, Consultant ackno edged that Section 362.5 of the
Iowa Code prohibits a C' y officer or employee fro having an interest in a contract
with the City, and ce ~ ies that no employee or offi r of the City, which includes
members of the City Council and City boards and c missions, has an interest,
either direct or indir ct, in this agreement, that does no all within the exceptions to
said statutory pro sion enumerated in Section 362.5.
The Consulta agrees at all times material to this Agreem t to have and maintain
professional liability insurance covering the Consulta is 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
-7-
Preliminary and General Work
o Bidding Phase
o Construction Phase minus Resident Project Representative
(Optional at the City's Request)
o Resident Project Repr sentative Construction Observation
O tional at the Cit 's R uest
o TOTAL Base Fee for Des n Phase and Bidding Phase
o TOTAL Base Fee Plus Con truction Phase minus RPR Opt
o TOTAL Base Fee Plus Cons uction Phase including RPi~
V. MISCELLANEOUS \
A. All provisions of the Agreement
generally accepted standards of the
B. It is further agreed that there are
upon or resulting from the exec
Agreement, and that no other mo~
Section IV
$157,000.00
$18,000.00
$47,000.00
$175,000.00
$222, 000.00
n $260,000.00
gall be conciled in accordance with the
ngine ing Profession.
ther considerations or monies contingent
>n f this Agreement, that it is the entire
or c siderations have been solicited.
_ g _ Section IV
FO
By:
Title
Dal
AT~
pwUo
o:wr
~" I Howard R. Green Company
HOWARD R. GREEN COMPANY
Billing Rate Schedule
Effective January 1, 2009
Billing
``
Professional Services 't Rate Range
Principal r
$185 to $~25
Senior Professional $135 to •185
Professional ~ $110 0 $160
,
4
\,
Junior Professional ~1~ $ 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 $4 to $75
Reimbursable Expenses
1. All materials and supplies used in t performance of work on his project will be billed at
cost plus 10%.
2. Auto mileage will be reimbursed er the standard mileage reimbu ement rate established
by the Internal Revenue Service Survey vehicle mileage will be rei bursed on the basis of
$0.85 per mile.
3. Charges for sub-consultants ill be billed at their invoice cost plus 15°/J~
4. A rate of $6.00 will be arged 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
~ _,
~~ ~~..
~J Section IV
CONSULTANT AGREE
THIS AGREEMENT, ade and entered into this day of 2009,
by and between the Cit of Iowa City, a municipal cor oration, hereinafter referred to as the City
and Howard R. Green ompany (HR Green), of C ar Rapids, Iowa, hereinafter referred to as
the Consultant.
WHEREAS the City desire to implement floo mitigation improvements on the peninsula well
field site for CW 3, SW 4, nd CW 4, and the U of I campus near downtown for JW 2, all
according to the Preliminary Engineering eport, Flood Mitigation Study, Water Source Well
Houses, Iowa City, Iowa, Au st 25, 20 ,the Consultant shall perform design, bidding, and
construction phase engineering ervices defined in the scope of services as follows.
NOW THEREFORE, it is agree by and between the parties hereto that the City does now
contract with the Consultant to pro 'd services as set forth herein.
I. SCOPE OF SERVICES
Consultant agrees to perform t follow g services for the City, and to do so in a timely and
satisfactory manner.
Project Scoping
1. Submit draft Agr ment including sc a of services, schedule, and fee.
2. Receive City c ments on draft Agree ent, scope, schedule, and fee.
3. Revise and r ubmit Agreement, scope, chedule, and fee based on City's comments.
4. Proceed wi the project upon approval b City and receipt of signed Agreement.
Preliminar an General Work
1. Cond t a kickoff meeting with City to review t project scope, schedule, and fee, and
to dis uss key elements.
2. Co uct a kickoff meeting with HR Green project am to review the project scope,
sc edule, fee, and key elements.
3. ollect maps, drawings, specifications, reports, and her pertinent information from
4. Perform design survey and base mapping services of th project areas, to include
~ topographic and utility location surveying.
5. ~ Provide project management throughout the project.
6. ~f Provide project coordination with Federal FEMA and State HS MD throughout the
project, estimated as a contingency of 8 hours per month to acc unt for agency
requirements that are not well defined at this time.
-2-
Prepare
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Section IV
;tion drawings, anticipated as 29 sheets to incl de the following:
over Sheet with Index, Vicinity Map, and cation Map
W 3 Site Demolition Plan & Details
C 3 Site Plan, Elevations, Sections & etails
C 3 Building Hardening/Floodproofi g Demolition Plan & Details
CW 3 Building Hardening/Floodpro ing Plan, Elevations, Sections &
Deta s
CW 3 uilding Electrical Demoli ' n Plan, Elevations, Sections & Details
CW 3 uilding Electrical Plan, levations, Sections & Details
CW 3 B ilding Electrical On Line Diagram, Schedules & Details
SW 4 Si Demolition Plan Details
SW 4 Sit Plan, Elevatio ,Sections & Details
SW 4 Buil ing
SW 4 Build g
SW 4 Buildi
CW 4 Site D
CW 4 Site Pla
CW 4 Building
CW 4 Buildin
Details
CW 4 Build' g
CW 4 Bui ing
CW 4 B (ding
Electrica emolition Plan, Elevations, Sections & Details
Electri I Plan, Elevations, Sections & Details
Electrical One-Line Diagram, Schedules & Details
~olit' n Plan & Details
i, evations, Sections & Details
ardening/Floodproofing Demolition Plan & Details
rdening/Floodproofing Plan, Elevations, Sections &
Gener or Transfer wi
Gene for Transfer S i
Med' m Voltage Loop
Me ium Voltage Loop
M dium Voltage Loop
edium Voltage Loop
JW 2 Building Electrical
JW 2 Building Electrical
JW 2 Building Electrical
I Demolition Plan, Elevations, Sections & Details
I Plan, Elevations, Sections & Details
I One-Line Diagram, Schedules & Details
tch Site Plan & Details
tch Site Elevations, Sections & Details
Ian & Profile (1"=50')
n & Profile (1 "=50')
PI n & Profile (1"=50')
Sc matic & Details
De olition Plan, Elevations, Sections & Details
Pla Elevations, Sections & Details
One- ine Diagram, Schedules & Details
2. Prepare co}~istruction specifications and contract ocuments.
f
3. Prepare pan opinion of probable cost for the project t the 50% and 90% complete
milestor~l"es. Perform cost trending to identify eleme s of the current design that have
either jncreased or decreased the construction and/or ngineering cost or time.
4. Perform QA/QC review of drawings, specifications, cont ct documents, and opinion of
probable cost at the 50% and 90% complete milestones.
5. ~i~bmit 6 copies of the drawings, specifications, contract do ments, and opinion of
~irobable cost at the 50% and 90% complete milestones to Ci staff for review. Submit
copies of review documents to City staff one week prior to each roject status meeting.
6. Conduct project status meetings with City staff to review the 50% d 9Q% complete
documents, discuss content and schedule of remaining work, and r eive comments
and approvals of these efforts. Incorporate City comments as agree pon in the
~. project status meetings.
7. Prepare final drawings, specifications, and contract documents incorporating comments
as agreed upon in the 90% complete review meeting.
-3-
Section IV
8. Provide a final opinion of probable cost for the project to file with the completed
documents.
9. Furnish 6 copies of th final drawings, specifications, contract documents, d opinion
of probable cost to Cit
10. Prepare and submit per it applications necessary for approval of con ruction of the
proposed improvements These include IDNR Water Supply Constr ction Permit and
IDNR/USACOE Joint Na ionwide Permit for Construction in Flood ain.
11. Develop a final project sc edule for advertisement, bidding, an construction
completion. ,
Bidding Phase Services j
1. Print the required number of~drawings, specificatio ,and contract documents for
distribution to prospective bi~ders, suppliers, and an rooms for the project. Anticipated
to be 60 sets of documents.
2. Advertise for bids for the con truction of the roject by mailing an informal Notice of
Project to prospective bidders nd supplier . City shall publish the legal Notice of
Hearing and Letting for the pr 'ect in a to al newspaper.
3. Furnish copies of drawings, sp cificat' ns, and contract documents to prospective
bidders, suppliers, plan rooms, nd her interested parties.
4. Receive and process deposits f idding documents and maintain a record of parties to
whom bidding documents have en issued.
5. Correspond with prospective idd rs, suppliers, and other interested parties with
questions and comments d ring t bid period.
6. Prepare and issue adde a as app opriate to interpret, clarify, or expand bidding
documents.
7. Coordinate and con ct a pre-bid m ting and distribute minutes of the meeting to all
attendees.
8. Attend the bid o Wing and assist City ith opening of bids.
9. Prepare bid to ulation sheets and distrib to to City and all plan holders.
10. Assist City i evaluating bids and awardin a construction contract. Issue a Notice of
Award to c tractor.
11. Prepare nstruction contract documents an submit to contractor for completion.
12. Review,~nd submit the executed contract doc ents to City for approval.
1. Coordinate and conduct a preconstruction conferen with representatives of City,
cof~tractor, subcontractors, engineer, and other public nd private utility companies, and
distribute minutes of the meeting to all attendees. Issu a Notice to Proceed to
contractor.
- "~ Section IV
2. Establish control points and be
of the project.
3. Review any necessary shop d
contractor. The shop drawing
specifications.
4. Provide general corresponden
throughout the project duratior
City's representative, consult v
have the authority to act on be
specifications, and contract do
in construction on the part of c
performance of any contractor
duration of 4 months, or 17 we
marks for the contractor's use in his detaile~}'staking
awings, samples, and manufacturer's data,furnished by
reviews will be completed in accordance ith the project
with City, contractor, subcontract s, and suppliers
estimated as 4-month constructio duration. Act as
:h and advise City, issue instruc 'ons to contractor, and
~If of City. Interpret the intent f the drawings,
aments to protect City again defects and deficiencies
itractor, however, the Eng' eer cannot guarantee the
Three hours per week f the estimated construction
ACS, is planned. A total f 52 hours is budgeted.
5. Provide intermittent engineering eview of the work the contractor as construction
progresses to ascertain that the ontractor is conf ming to the design concept. Two
site visits per month by the proje t engineer are roposed during the 4-month
construction duration. A total of hours and trips are budgeted.
6. Provide routine resident project re
the contractor to assure proper ve
Approximately half-time constructi
week throughout the construction
total of 344 hours and 43 trips are
7. Attend regularly scheduled jobsite on tr
contractor, estimated at a freque cy of
duration included in the intermit nt engi
8. Review contractor's applicati s for mon
when approved submit to C' for payme
for the 4-month constructi duration. A
ti a construction observation of the work of
of methods and materials used.
vation consisting of two-to-three days per
of 4 months, or 17 weeks, is proposed. A
ion progress meetings conducted by the
per month for the 4-month construction
ring review.
progress payments and final payment, and
Estimated at a frequency of once per month
~I of 8 hours is budgeted.
9. Review contractor's req ests for change ord rs, advise City of the merit and
reasonableness of req ests, and when finaliz d submit to City for approval. Estimated
at a frequency of one per month for the 4-mo th construction duration. A total of 8
hours is budgeted.
10. HR Green will not ttend monthly City Council me tings for this project. City staff shall
report on the pr ress of the project and present c ntractor's applications for payments
and change or rs for approval.
11. Submit to Cit,~a statement of substantial completion r the project.
r
12. Conduct orb pre-final inspection and develop a punchli of items remaining to be
completes}' by contractor. Estimated as one trip by projec engineer. A total of 12 hours
and one~'rip are budgeted.
13. Conduit one final inspection to verify completion of punchlist items by contractor. A
total q~ 8 hours and one trip are budgeted.
14. Sut~rnit to City a statement of final completion for the project, and obtain from City
wriften final acceptance of the completed project.
~~~ ~\
\.
-5-
Section IV
15. Prepare record drawings ased on construction records provided y contractor and
reviewed by resident proj ct representative construction observer. Provide to City both
reproducible hard copy d wings and electronic AutoCAD files o CD.
(l. TIME OF COMPLETION
The Consultant shalt complete th~ following phases of the j~"roject in accordance with the
schedule shown. /
A. Signed Agreement an notice to proceed by: October 23, 2009
B. Preliminary work and in ormation collection y: November 6, 2009
C. 50% complete review m eting by: December 11, 2009
D. 90% complete review m eting by: January 15,.2010
E. Submit final documents t City and ID R by: January 22, 2010
F. Advertise for Bids by: January 25, 2010
G. Hearing and letting, bid op Wing, and contract by: February 26, 2010
H. Pre-construction conferenc ,not' a to proceed by: March 5, 2010
I. Project completion by: July 2, 2010
III. GEN ERAL TERMS
A. The Consultant shall no com it any of the following employment practices and
agrees to prohibit the f owing actices in any subcontracts.
1. To discharg or refuse to hire any individual because of their race, color,
religion, se ,national origi ,disability, age, marital status, gender identity,
or sexual ientation.
2. To discr urinate against any i ividual in terms, conditions, or privileges of
emplo ent because of their race, color, religion, sex, national origin,
disab' ty, age, marital status, ge der identity, or sexual orientation.
B. Should the ity terminate this Agreement, the Consultant shall be paid for all work
and servi s performed up to the time of rmination. However, such sums shall
not be gr stet than the "not to exceed" am nt listed in Section IV. The City may
terminat this Agreement upon seven (7) alendar days' written notice to the
Consul nt.
C. This greement shall be binding upon the succ sots and assigns of the parties
here o, provided that no assignment shall be wi out the written consent of all
Partfes to said Agreement.
D. It~ understood and agreed that the retention of the C nsultant by the City for the
p rpose of the Project shall be as an independent contractor and shall be
Qxclusive, but the Consultant shall have the right to em loy such assistance as
,nay be required for the performance of the Project.
E. '~ It is agreed by the City that all records and files pertaining to inf mation needed by
~`~ the Consultant for the project shall be available by said City pon reasonable
request to the Consultant. The City agrees to furnish all reasons assistance in
the use of these records and files.
- 6 - l Section IV
F. It is further agreed at no Party to this Agre ment shall perform contrary to any
state, federal, or to al law or any of the ordin ces of the City of Iowa City, Iowa.
G. At the request of he City, the Consultant all attend meetings of the City Council
relative to the w rk set forth in this Agr ment. Any requests made by the City
shall be given wit reasonable notice to a Consultant to assure attendance.
H. The Consultant grees to furnish, u n termination of this Agreement and upon
demand by the C ty, copies of all b is notes and sketches, charts, computations,
and any other d to prepared or obtained by the Consultant pursuant to this
Agreement witho t cost, and wit ut restrictions or limitation as to the use relative
to specific project covered un r this Agreement. In such event, the Consultant
shall not be liable or the City's se of such documents on other projects.
The Consultant ag ees to f rnish all reports, specifications, and drawings, with the
seal of a professi nal en sneer affixed thereto or such seal as required by Iowa
law.
K.
L.
The City agrees to to der the Consultant all fees in a timely manner, excepting,
however, that failur f the Consultant to satisfactorily perform in accordance with
this Agreement sh I constitute grounds for the City to withhold payment of the
amount sufficient t properly complete the Project in accordance with this
Agreement.
Should any s tion f this Agreement be found invalid, it is agreed that the
remaining po on sha be deemed severable from the invalid portion and continue
in full force a d effect.
Original co tract dr
shall be owed to
use.
M. Fees p id for securing
will be paid by the City.
shall become the property of the City. The Consultant
mylar reproducible copies for the Consultant's own filing
of authorities having jurisdiction over the Project
N. Upo signing this agreemen Consultant acknowledged that Section 362.5 of the
low Code prohibits a City offs er or employee from having an interest in a contract
wi the City, and certifies that no employee or officer of the City, which includes
tubers of the City Council a d City boards and commissions, has an interest,
ther direct or indirect, in this ag ement, that does not fall within the exceptions to
aid statutory provision enumerate in Section 362.5.
O. The Consultant agrees at all times m terial to this Agreement to have and maintain
professional liability insurance co ring the Consultant's liability for the
Consultant's negligent acts, errors a d omissions to the City in the sum of
$1,000,000.
IV. C MPENSATION FOR SERVICES
~ee based on hourly rates plus reimbursable expens s according to the attached Billing
ate Schedule estimated not to exceed the amounts as follows in each phase of the
% project:
o Design Phase, including Project Scoping and
FO
By:
Title
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Section IV
ANT
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FOR THE CITY
By:
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Section IV
FOR THE CONSULTANT
Title: (//GP ,/ ~.!/~~'7~
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Howard R. Green Company
HOWARD R. GREEN COMPANY
Billing Rate Schedule
Effective January 1, 2009
Professional Services
Principal
Senior Professional
Professional
Junior Professional
Senior Technician
Technician
Field Personnel
1 -Person w/GPS or Robotic Equip e
2 -Person Crew w/GPS or Robotic uipment
Administrative
B
x(85 to $225
/$135 to $185
$110 to $160
$80 to $110
$75 to $100
$50 to $80
$50 to $80
$105
$155
$40 to $75
Reimbursable Expenses
1. All materials and suppli¢s used in the
cost plus 10%. /
of work on this project will be billed at
2. Auto mileage will be reimbursed per the star
by the Internal Rev nue Service. Survey veh
$0.85 per mile.
i mileage reimbursement rate established
mileage will be reimbursed on the basis of
3. Charges for sub consultants will be billed at their inv ice cost plus 15%.
4. A rate of $6. 0 will be charged per Howard R. Gre labor hour for a technology and
communicati~ fee.
5. All other dy~ect expenses will be invoiced at cost plus 10%.
8710 Earhart Lane SW • Cedar Rapids, IA 52404 • PO Box 9009 • Cedar R ids, IA 52409-9009
319.841.4000 fax 319.841.4012 toll free 800.728.7805 www.hrgr n.com