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HomeMy WebLinkAbout2011-01-25 ResolutionM~J 01-25-11 J 4e 1 Prepared by: Steven J. Rackis, ICHA Administrator, 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 RESOLUTION NO. 11-20 RESOLUTION SETTING A PUBLIC HEARING FOR MARCH 22, 2011 FOR THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR FISCAL YEAR 2011 AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING. WHEREAS, the City Council of the City of Iowa City functions- as the Iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of an updated Annual Plan; WHEREAS, the Iowa City Housing Authority is required to update the Annual Plan under the Quality Housing and Work Responsibility Act of 1998 ("QHWRA"); WHEREAS, the Annual Plan is submitted yearly; WHEREAS, the Annual Plan is a comprehensive guide to the Iowa City Housing Authority's policies, programs, operations and strategies for meeting local housing needs and goals; WHEREAS, the Annual Plan also serves as the annual application for grants to support improvements to public housing- buildings (Capital Fund Program); and WHEREAS, the QHWRA requires that the plans be made available to the public for review not later than 45 days before the public hearing is to take place. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. A public hearing for the Iowa City Housing Authority's Annual Plan for Fiscal Year 2011 should be and is hereby set for 7:00 PM, March 22, 2011, in Emma Harvat Hall of City Hall, 410 E Washington Street, Iowa City, Iowa or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above named proposal in a newspaper published at least once weekly and having a general circulation in the City, in accordance with applicable laws. 3. Copies of the Annual Plan for Fiscal Year 2011 are available in the Iowa City Housing Authority offices for review. Passed and approved this 25th day of January , 20 11 . ATTEST: CI ~ LERK /~- ~.. MAYOR Approved b ~~.~~ (mil r -l ~ City Attorney's Office HisassUres/fy11 pha plan-pubhrg.doc Resolution No. 11-20 Page 2 It was moved by Champion and seconded by wri;;ht the Resolution be adopted, and upon roll call there were: AYES: x X X x X wpdata/glossary/resolution-ic. doc NAYS: ABSENT: Bailey Champion X Dickens Hayek Mims Wilburn Wright 4e 2 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 11-21 RESOLUTION SETTING PUBLIC HEARING FOR FEBRUARY 1, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 517 SOUTH GOVERNOR STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I-Jobs grant to assist in the acquisition and rehabilitation of twenty-five single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09-384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I-Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 517 South Governor Street, Iowa City; and WHEREAS, the City has received an offer to purchase 517 South Governor Street for the principal sum of $180,000 (the amount the City paid to acquire the home), plus the "carrying costs", which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 517 South Governor Street, Iowa City, Iowa, also known as the South 38 feet of Lot 13 in Block 1, in Berryhills' Second Addition, for the sum of $180,000, plus the "carrying costs". Resolution No. 11-21 Page 2 2. A public hearing on said proposal should be and is hereby set for February 1, 2011, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by Champion and seconded by wri~ht the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion x Dickens x Hayek x Mims ~_ Wilburn x Wright Passed and approved this 25th day of .Tan~~ , 2011. ~~~~ MAYOR ATTEST: ~, , ~ ~~- ~~~%y CIT -LERK Approved by City Attorney's Office. M~a Prepared by: Josh Slattery, Civil Engineer 410 E. Washington St., Iowa City, IA_ 52240 (319) 356-5149 RESOLUTION NO. NAYS: RESOLUTION ACCEPTING THE WORK FOR THE 2010 SIDEWALK INFILL PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2010 Sidewalk Infill Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated July 27, 2010, 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 $165,083.90 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 25th day of January , 20 11 /- ~ ~. •~ MAYOR Approved by ATTEST:_ ~' ~ v~tE,?~r>~t-pvr~~l~e~ CITY LERK City Attorney's Office , ~y ~~ It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x _~_ x X ~- x 11-22 ABSENT: Bailey Champion x Dickens Hayek Mims Wilburn Wright ~~~~~ Pweng/res12010sidewal kinfill-acptwork. doc 1 /11 r ^~~®~ CITY OF IOWA CITY 4f1 ~ ~~~~~~~ ®~~~ E M O RA N D u M M Date: January 14, 2011 To: City Council From: Kim Sandberg ~~ Re: Final Acceptance of Public Improvements The following are costs associated with the Capital Improvement Projects being presented for acceptance at the January 25th Council meeting: 1) 2010 Sidewalk Infill Project Contractor.• Feldman Concrete • Project Estimated Cost: $ 190,000.00 • Project Bid Received: $ 152,926.00 • Project Actual Cost: $ 165,083.90 2) Section 404 HMPG Asbestos Abatement -Package #3 Contractor: Environmental Management Services • Project Estimated Cost: $ 16,000.00 •3 Project Bid Received: $ 5,500.00 • Project Actual Cost: $ 5,500.00 3) Community Development Block Grant (CDBG) Demolitions -Contract #1 Contractor.' Iowa City Excavating • Project Estimated Cost: $ 72,000.00 • Project Bid Received: $ 49,590.00 • Project Actual Cost: $ 77,202.10** **3 additional homes were added to contract by change order 4) CDBG Asbestos Abatement -Package #3 Contractor.• New Horizon Enterprises • Project Estimated Cost: $ 60,000.00 • Project Bid Received: $ 55,136.00 • Project Actual Cost: $ 49,208.00 5) Community Development Block Grant (CDBG) Asbestos Abatement - Package #1 Contractor.• Advanced Environmental Testing and Abatement • Project Estimated Cost: $ 40,000.00 • Project Bid Received: $ 22,605.00 • Project Actual Cost: $ 52,805.00** **6 additional homes were added to contract by change order 6) CDBG Asbestos Abatement -Package #2 Contractor.• Environmental Management Services • Project Estimated Cost: $ 32,000.00 • Project Bid Received: $ 13,300.00 • Project Actual Cost: $ 9,800.00 cc: Rick Fosse Ron Knoche ~/ / I ~ ' ~t~~®~ ti! ~ ®' ~~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org January 12, 2011 City Clerk City of Iowa City, Iowa Re: 2010 Sidewalk Infill Project Dear City Clerk: I hereby certify that the construction of the 2010 Sidewalk Infill Project has been completed by Feldman Concrete of Dyersville, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Staff. The final contract price is $165,083.90. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~~4~!~~---------. Ronald R. Knoche, P.E. City Engineer err-~ Prepared by: Kim Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. i i-23 RESOLUTION ACCEPTING THE WORK FOR THE SECTION 404 HMPG ASBESTOS ABATEMENT -PACKAGE #3 PROJECT 4f(2 WHEREAS, the Engineering Division has recommended that the work for construction of the Section 404 HMPG Asbestos Abatement -Package #3 Project, as included in a contract between the City of Iowa City and Environmental Management Services of Davenport, Iowa, dated September 28, 2010, 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 $5,500.00. 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 25th day of January , 20 11 f4~L L.~~ MAYOR Approved by ATTEST: ,~ ~ ~- l ~~~`' CITY LERK City Attorney's Office , I~q II It was moved by Champion and seconded by wri~ht the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion x Dickens x Hayek ~- Mims x Wilburn x Wright Pweng/res/404hmpg pkg3-acptwork.doc 1111 ~ r _,- ~ - ~,~ ~^ ~'~. ®- ~III~ ~ ~. y~®r~~ -~.as._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.or; January 18, 2011 City Clerk City of Iowa City, Iowa Re: Section 404 HMPG Asbestos Abatement -Package #3 Dear City Clerk: I hereby certify that the Section 404 HMPG Asbestos Abatement -Package #3 has been completed by Environmental Management Services of Dubuque, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $5,500.00 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ''~~ ~-- Ronald Knoche, P.E. City Engineer 4f 3 Prepared by: Kim Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 11-24 RESOLUTION ACCEPTING THE WORK FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) DEMOLITIONS -CONTRACT #1 PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Community Development Block Grant (CDBG) Demolitions -Contract #1 Project, as included in a contract between the City of Iowa City and Iowa City Excavating of Coralville, Iowa, dated June 10, 2010, 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 $77,202.10. 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 25th day of January , 20 11 ~1~ Sn MAYOR Approved by ATTEST: ~ ~U ~~ ~~''' CIT LERK City Attorney's Office t~l°~ II It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion x Dickens x Hayek ~_ Mims ~_ Wilburn x Wright Pweng/res/cdbecontractl -acplwork.doc 1/11 fir'.:^~= i y r _ _ ~~ #;~`~~~ ~w,~~~ _ti.as__ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org January 18, 2011 City Clerk City of Iowa City, Iowa Re: Community Development Block Grant (CDBG) Demolitions -Contract #1 Dear City Clerk: I hereby certify that the Community Development Block Grant (CDBG) Demolitions -Contract #1 has been completed by Iowa City Excavating of Coralville, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $77,202.10 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, i,T~%l° Ronald Knoche, P.E. City Engineer M-~a, 01-25-11 4f 4 Prepared by: Kim Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 11-25 RESOLUTION ACCEPTING THE WORK FOR THE CDBG ASBESTOS ABATEMENT -PACKAGE #3 PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the CDBG Asbestos Abatement -Package #3 Project, as included in a contract between the City of Iowa City and New Horizon Enterprises of Kansas City, MO, dated October 14, 2010, 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 $49,208.00. 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 25th day of January , 20 11 . - `7s1,. . --o MAYOR Approved by ATTEST: ~ - = ~~ CITY LERK City Attorney's Office i Iq I~~ It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x -~ x ~_ x x Pweng/res/cdbgasbestos pkg3 -acptwork.doc 1/11 NAYS: ABSENT: Bailey Champion x Dickens Hayek Mims Wilburn Wright ~ r ~~.®~,~ ,~®~~~ -.ti...~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org January 18, 2011 City Clerk City of Iowa City, Iowa Re: CDBG Asbestos Abatement -Package #3 Dear City Clerk: I hereby certify that the CDBG Asbestos Abatement -Package #3 has been completed by New Horizon Enterprises of Kansas City, MO, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $49,208.00 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, .~--,~ Ronald Knoche, P.E. City Engineer M}3 4f 5 Prepared by: Kim Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. i i-~h RESOLUTION ACCEPTING THE WORK FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ASBESTOS ABATEMENT - PACKAGE #1 PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Community Development Block Grant (CDBG) Asbestos Abatement -Package #1 Project, as included in a contract between the City of Iowa City and Advanced Environmental Testing and Abatement of Waterloo, Iowa, dated June 8, 2010, 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 $52,805.00. 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 25th day of January , 20 11 ~- Sa MAYOR Approved by ATTEST: CITY ERK City Attorney's Office i ~ g~io It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek _~ Mims g Wilburn x Wright Pweng/res/cdbgasbestos pkgl -acptwork.doc 1/11 ~ r _•- ®~ ®~~~ ~~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org January 18, 2011 City Clerk City of Iowa City, Iowa Re: Community Development Block Grant (CDBG) Asbestos Abatement - Package #1 Dear City Clerk: I hereby certify that the Community Development Block Grant (CDBG) Asbestos Abatement -Package #1 has been completed by Advanced Environmental Testing and Abatement of Waterloo, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $52,805.00 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~r~r Ronald Knoche, P.E. City Engineer ~ at s Prepared by: Kim Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 11-27 RESOLUTION ACCEPTING THE WORK FOR THE CDBG ASBESTOS ABATEMENT -PACKAGE #2 PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the CDBG Asbestos Abatement -Package #2 Project, as included in a contract between the City of Iowa City and Environmental Management Services of Dubuque, Iowa, dated September 28, 2010, 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 $9,800.00. 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 25th day of January , 20 11 ~ ~~ ~-o MAYOR Approved by ATTEST: G...u .~..~ y - c~ CITY CERK City Attorney's Office ~~~~ 11 It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion g Dickens x Hayek x Mims ~_ Wilburn x Wright Pwenglreslcdbgasbestos pkg2 -acptwork.doc 1/11 + r ~~~~ -•~.ar~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org January 18, 2011 City Clerk City of Iowa City, Iowa Re: CDBG Asbestos Abatement -Package #2 Dear City Clerk: I hereby certify that the CDBG Asbestos Abatement -Package #2 has been completed by Environmental Management Services of Dubuque, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $9,800.00 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~~ Ronald Knoche, P.E. City Engineer 7 ~~ Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 11-28 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY2011 ELEVATOR MODERNIZATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract 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 CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids 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. Sealed bids. for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:00 p.m. on the 24th day of February, 2011. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 1St day of March, 2011, or at a special meeting called for that purpose. Passed and approved this 25th day of January , 20 11 MAYO ~---~ Approved by ATTEST: ~ ~~ ~ CITY C ERK City Attorney's Office , IN I~ Pweng/res/2011elevatormod appp&s.doc 1111 Resolution No. 11-28 Page 2 It was moved by champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x -~~ x x wpdata/glossary/resolution-ic. doc NAYS: ABSENT: Bailey Champion x Dickens Hayek Mims Wilburn Wright 11 Prepared by: Jeff Davidson, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. t t -~9 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH NEUMANN-MONSON PC ARCHITECTS FOR DESIGN SERVICES RELATED TO THE NEAR SOUTHSIDE MULTI-USE PARKING FACILITY WHEREAS, the City Council has authorized staff to proceed with design and engineering related to the eventual construction of a multi-use parking facility in the Near Southside area south of Burlington Street; and WHEREAS, funding in the amount of $1.6 million is available for said design and engineering services through CIP Project 3012; and WHEREAS, through a competitive process Neumann-Monson PC Architects of Iowa City has been selected as the preferred firm to conduct said design services. 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 agreement with Neumann- Monson PC Architects. Passed and approved this 25 th day of January , 20 11 MAYOR Approved by k~e.~f~. ATTEST: ~ l,~-~ ~~ ~-ti~ CI `ELERK ity ttorney's Office I ~d /~ ~ It was moved by Bailey and seconded by wr; ght the Resolution be adopted, and upon roll call there-were: AYES: NAYS: ABSENT: ~_ Bailey ~_~ Champion x Dickens ~_ Hayek ~_ Mims ~_ Wilburn ~_ Wright wpdata/pcddir/res/neu mannmonson.doc "'~9 12 Prepared by: Dan Scott, Senior Engineer, 410 E. Washington St., Iowa City, IA (319)356-5144 RESOLUTION NO. 11-30 RESOLUTION APPROVING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR LANDFILL GAS, AIR AND WATER QUALITY MONITORING AT THE IOWA CITY SANITARY LANDFILL. WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and WHEREAS, professional engineering services are required to operate and monitor the landfill gas collection system and prepare necessary quarterly, semi-annual, and annual air quality reports in accordance with the state and federal regulations; and WHEREAS, professional engineering services are required to operate and monitor the groundwater and surface water and prepare necessary quarterly, semi-annual, and annual water quality reports in accordance with state and federal regulations; and WHEREAS, an Agreement for professional engineering services has been negotiated with and executed by Howard R. Green Company Consulting Engineers of Cedar Rapids, Iowa; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to enter into said Agreement with Howard R. Green Company Consulting Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1, The Agreement by and between the City of Iowa City, Iowa, and Howard R. Green Company Consulting Engineers for the Provision of Engineering Services, attached hereto and made a part hereof, is in the public interest, and hereby approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement for and on behalf of the City of Iowa City, Iowa. Passed and approved this 25th day of January , 2011 /~- 5'9 ~. MAYOR Approved by ATTEST: ;11 /!n/~ 9~ `-~YAa11./ CITY LERK City Attorney's Office ~ ~y~l~ pwe ng Vest a ndfi I I gas-air-wlr.doc Resolution No. ii-3o Page 2 It was moved by Wilburn and seconded by Mime the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Bailey x Champion v Dickens ~--- X Hayek x Mims ~- Wilburn x Wright wpdata/glossary/resolution-ic. doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 25th day of January , 2011 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY and Howard R. Green Company , of Cedar Rapids, Iowa ,hereinafter referred to as the CONSULTANT. WHEREAS, the City of Iowa City desires to secure the services of an engineering consulting firm to provide assistance in the completion of annual environmental services at the Iowa City Landfill and Recycling Center, in order to remain in compliance with the requirements of the Iowa Department of Natural Resources (IDNR) Sanitary Disposal Project Permit and Title V Air Emissions Operating Permit. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide services as set forth herein. I. SCOPE OF SERVICES The CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely and satisfactory manner. TITLE V COMPLIANCE Calendar Year 2011 The CONSULTANT will perform the following services. Title V Annual Compliance Certification Report By March 31, CONSULTANT will prepare for submittal, compliance. certifications for the previous calendar year. The certifications will include descriptions of means to monitor the compliance status of all emissions sources including emissions limitations, standards, and work practices in accordance with applicable requirements. The certification for a source will include the identification of each term or condition of the permit that is the basis of the certification; the compliance status; whether compliance was continuous or intermittent; the method(s) used for determining the compliance status of the source, currently and over the reporting period, consistent with applicable department rules. For sources determined not to be in compliance at the time of compliance certification, a compliance schedule will be prepared which provides for periodic progress reports, dates for achieving activities, milestones, and an explanation of why any dates were missed and preventive or corrective measures. The compliance certification will be submitted to the administrator, director, and the appropriate DNR Field office (567 IAC 22.108 (15)"e"). 2. Title V Annual Emissions Inventory Report The following forms will be prepared by CONSULTANT for submittal by March 31 documenting actual emissions for the previous calendar year. a. Form 1.0 "Facility Identification"; b. Form 4.0 "Emissions unit-actual operations and emissions" for each emission unit; c. Form 5.0 "Title V annual emissions summary/fee' ;and d. Part 3 "Application certification." \\HRGCRNAS\DATA\10100043\DESIGN\CONTRACT\AGR_11\AGT-122010-IC_ANN SERVII.DOC ~ Page ~ Of 9 3. Title V Annual Fee Payment Report The permittee is required under subrule [567] IAC 22.106 to pay an annual fee based on the total tons of actual emissions of each regulated air pollutant. The fee shall be submitted by July 1St. Upon receipt of the schedule of fees from IDNR for the Annual Emission Fee payment, CONSULTANT will prepare the necessary supporting forms for submittal with the annual fee by the City of Iowa City. The associated fee payment is not included in the fee schedule for engineering services as identified in this Scope of Services. The fee shall be submitted with the following forms: a. Form 1.0 "Facility Identification"; b. Form 5.0 "Title V annual emissions summary/fee"; c. Part 3 "Application certification." 4. Title VSemi-annual Monitoring Report By March 31 and September 30, CONSULTANT will prepare for submittal a report of monitoring required under this permit for the 6 month periods of July 1 to December 31 and January 1 to June 30, respectively. Instances of deviations from permit requirements will be identified in these reports, and the report must be signed by a responsible official, consistent with [567] IAC 22.107(4). The semi-annual monitoring report will be submitted to the director and the appropriate DNR Field office (567 IAC 22.108 (5)). This compliance reporting is in direct response to the requirements of the Landfill's Title V Air Emissions Operating Permit, and is therefore separate from the monitoring and reporting required by the IDNR-issued construction permit for the landfill gas collection and control system, from the semi-annual Landfill Gas System Operations Reports required by 40 CFR 60.757 (f) (1) through (6) and 40 CFR 63.1980, and the periodic and immediate Startup, Shutdown and Malfunction (SSM) reporting that may be required by 40 CFR 63.10 (d) (5) (i) and (d) (5) (ii), respectively. 5. Title V Permit Renewal Application Review The current permit expires on July 25, 2011. The rules require that the renewal application be submitted to the IDNR and the EPA at least six months, but not more than 18 months prior to the date of permit expiration. The Title V Permit Renewal Application was submitted by the CONSULTANT to the CITY for review and signature on September 21, 2010. The CITY's timely submittal of this application will have fulfilled this requirement and the "permit shield" is in place. Eventually, the IDNR will review the application and may have questions and require clarification, or additional data. This agreement includes a limited budget in calendar year 2011 to address IDNR correspondence as part of this review process. ANNUAL LANDFILL AIRSPACE CALCULATIONS AND REPORT Calendar Year 2011 The CONSULTANT will perform the following services. CONSULTANT will update the topographic map for the landfill based on aerial or GPS site survey data provided by the City. Using the updated and the previous existing topographic maps, CONSULTANT will calculate the volume of landfill airspace used during the period of time between the surveys. The remaining airspace and operational volume for the active cells will be determined. This report will be completed by November 30, or within 30 days after survey data has been provided to CONSULTANT by the CITY. 1\HRGCRNAS\DATA\10100043\DESIGN\CONTRACTVIGR_11\AGT-122010-IC_ANN SERV1I.DOC Page 2 of 9 SEMI-ANNUAL LFG SYSTEM OPERATING REPORTS Calendar Year 2011 The CONSULTANT will perform the following services. Title 40 Code of Federal Regulations (CFR) Parts 60.757 (f) (1) through (6) and 63.1980 require the submittal of semi-annual operations reports to the Air Quality Bureau of IDNR. These reports are to be submitted for the previous six-month operating periods of July 1St through December 31St and January 1St through June 30th, respectively. The CONSULTANT will prepare and submit the semi-annual monitoring reports in 2011 illustrating: • A summary of gas collection well head monitoring results and the value and length of time of all exceedences of the parameters applicable to gas collection well head monitoring. • A record of monthly operation verification of the flare temperature sensing device and confirmation of the primary flow meter, along with a summary of daily flow meter readings. The CITY will maintain records of daily flow meter readings for use by the CONSULTANT for reporting purposes. • A description and duration of all periods when the gas stream is directed from the control device through a bypass line, if applicable. • A description and duration of all periods when the control device was not operating for a period exceeding one (1) hour, and the actual length of time the device was not operating. • A listing of all periods of time when the gas collection system was not operating in excess of 5 days. • A listing of all surface locations at which there were exceedences of the 500 ppm limit where re-monitoring (second and/or third monitoring) was conducted, and the concentration value obtained from each monitoring and re-monitoring effort. • The location of each surface point at which the methane concentration measurement exceeded 500 ppm, including the concentration of methane at each location for which an exceedence was recorded in the previous month. • A description of the specific corrective action taken in an effort to eliminate any gas collection well head measurement exceedences. • A description of the corrective action taken in an effort to eliminate any surface monitoring point measurement exceedences. • The date and description of any damages sustained and repairs made to the gas collection and control system, or of any system components that are replaced. • The date of installation and the location of each gas collection well or collection system expansion added, including installation, relocation or addition of trench wells. If required, the CITY will prepare periodic and immediate startup, shutdown, and malfuriction (SSM) reports as these events occur with the gas collection and air pollution control systems. CONSULTANT will provide guidance and if requested, review the CITY-prepared report to evaluate general compliance with 40CFR63.10.d.(5)i and other applicable regulations. \\HRGCRNAS\DATA\10100043\DESIGNICONTRACTV~GR_11V\GT-122010-IC_ANNSERVII.DOC Page 3 of 9 ENVIRONMENTAL MONITORING PLAN IMPLEMENTATION Calendar Year 2011 (Reporting of 2010 Data) CONSULTANT will assist the CITY in the implementation of the annual routine Environmental Monitoring Plan requirements under rule [567] 113.9 and 113.10. This work will be performed in calendar year 2011. Report preparation will be based on environmental monitoring data collected primarily in 2010. CONSULTANT's work will include the following subtasks: Sampling -Routine HMSP Assistance CONSULTANT will provide support to the CITY in their sampling of the HMSP-approved uppermost aquifer monitoring points (A-and B-series wells only), underdrains, and surface points. Assistance includes: advise CITY of the required sampling schedule, provide a current well location map and well/constituent sampling matrix for each scheduled sampling event, review the analytical data, well recharge rate evaluation during even-numbered years, and advise on well maintenance activities as recommended in the previous year's AWQR. The Hydrologic Monitoring System Plan will be updated to incorporate the new cell FY09 which is expected to receive waste during 2011. This includes assistance with siting, drilling and testing of new wells, documentation of the new and abandoned wells, and a revised HMSP submittal to the IDNR. 2. Statistical Analysis CONSULTANT will continue the statistical methodology by performing the data compilation and formatting of analytical data for each sampling event, the annual database update, and the annual statistical analysis developed for the HMSP-approved uppermost aquifer monitoring points, underdrains, and surface points. Analysis of data collected from points other than the HMSP-approved uppermost aquifer points, underdrains, and surface points includes comparison of the analytical results to the statistically defined limits and to the proposed groundwater protection standards and graphical evaluation for trends where enough data points are available. 3. 2010 Annual Water Quality Report (AWQR) CONSULTANT will prepare and submit the Annual Water Quality Report in accordance with Chapter 113.10(10) and the schedule established bythe IDNR in the operating permit, oras otherwise proposed to IDNR. The Annual Water Quality Report will summarize the previous year's activities and documentation associated with the Environmental Monitoring Plan requirements under Chapter 113.10. This includes (1) a description of the general monitoring requirements, (2) a review of the objectives, phasing, well construction, hydrologic monitoring system plan (HMSP), and well maintenance and performance reevaluation plan in relation to the groundwater and surface water monitoring systems, and (3) a review of the groundwater sampling and analysis requirements, procedures, and statistical methods, and (4) narrative and figures interpreting the results of the statistical analysis performed on the detection and assessment monitoring data. The Annual Water Quality Report will summarize the activities that were performed in association with assessments, selection of remedies, implementation of corrective action, and the results of corrective action remedies to address SSIs, if any, during the previous year. The actual planning and performance of the activities under 113.10(6)g relating to site characterization, 113.10(7) assessment of corrective measures, 113.10(8-9) selection of remedies and implementation of corrective action are covered under a separate Agreement. l\HRGCRNAS\DATA11 01 00 04 3\DESIGN\CONTRACTIAGR_11WGT-122010-IC_ANN SERVII.DOC Page 4 of 9 4. 2010 Annual Methane Monitoring Report The City is routinely conducting the quarterly surface and subsurface monitoring of methane gas concentrations at the property boundaries and in the buildings in accordance with the approved Air Quality and Landfill Gas Monitoring Plan and [567] IAC 113.9(2). If the levels exceed specified limits, CITY shall report the exceedances to the IDNR within 7 days after the monitoring event. CONSULTANT will provide guidance to the CITY in the event this reporting becomes necessary. As required by [567] IAC 113.9(2)d, CONSULTANT will prepare an annual report detailing the gas monitoring sampling locations, results, any actions taken, and the results of steps taken to address gas levels during the previous year. As previously directed by IDNR staff, this report will be included as an Appendix to the 2010 Annual Water Quality Report. LEACHATE CONTROL SYSTEM PERFORMANCE EVALUATION REPORT (LCSPER) CONSULTANT will prepare a LCSPER for data collected in calendar year 2010 that summarizes activities related to the leachate control system as required in [567 IAC 113.7(5)b.(14). The report will be included as an Appendix to the 2010 Annual Report and will include the following as applicable: • An evaluation of the effectiveness of the system in controlling the leachate, • Leachate head levels and elevations, • The volume of leachate collected and treated at the CITY's treatment plant, • Leachate chemistry results, as applicable, • Proposed additional leachate control measures, if any, • An implementation schedule in the event that the constructed system is not performing effectively. • General description of maintenance activities, such as jetting or cleaning of the collection system, that may have occurred during the reporting period. In support of these efforts, landfill staff will measure and record levels and elevations of leachate on a monthly basis in all IDNR-designated leachate piezometers and gas collection wells. Also, landfill staff will record monthly the volume of leachate collected and treated at the CITY's treatment facility. II. TIME OF COMPLETION The CONSULTANT shall complete the deliverables of each task in accordance with the following schedule: • Title V Annual Compliance Certification Report • Title V Annual Emission Inventory Report • Title V Annual Fee Payment Report • Title VSemi-annual Monitoring Reports • Annual Landfill Airspace Calculations and Report • Semi-Annual LFG System Operating Reports • Annual Water Quality Report (AWQR) • Annual Methane Monitoring Report by March 31, 2011 by March 31, 2011 by June 15, 2011 by March 31 and Sept.30, 2011 by November 30, 2011 by March 31 and Sept. 30, 2011 by May 31, 2011 (with AWQR) \\HRGCRNAS\DATA\10100043\DESIGN\CONTRACTL4GR_11\AGT-122010-IC_ANN SERVI1.DOC Page 5 of 9 • Leachate Control System Performance Evaluation Report (with AWQR) * The schedule for submittal date of the AWQR may change during development upon approval of CITY and IDNR. 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. 1. To discharge or refuse to hire any individual because of their race, creed, color, religion, sex, national origin, disability, age, martial status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, 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 lump sum amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set 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. \\HRGCRNASIDATA11 01 0 0 04 31DESIGN\CONTRACT\AGR_11V\GT-122010-IC_ANN SERVII.DOC Page 6 of 9 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 Consultants 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. IV. COMPENSATION FOR SERVICES Fees for professional services outlined in this agreement are as follows: Title V Compliance and Reporting Services • Title V Annual Compliance Certification Report $ 2,500 • Title V Annual Emission Inventory Report $ 8,100 • Title V Annual Fee Payment Report $ 900 • Title VSemi-Annual Monitoring Reports $1,600 • Title V Permit Renewal Application Review $ 4,100 Annual Landfill Airspace Calculations and Report $6,300 Semi-Annual LFG System Operating Reports $ 16,400 Environmental Monitoring Plan Implementation • Sampling -Routine HMSP Assistance $ 15,100 • HMSP Update -New Cell $ 16,900 • Statistical Analysis $ 25,800 • Annual Water Quality Report $ 53,200 • Annual Methane Monitoring Report $ 3,100 Leachate Control System Performance Evaluation Report 7 300 Total Compensation $ 161,300 \\HRGCRNAS\DATA11 01 0 00 4 3\DESIGN\CONTRACTV\GR_11\AGT-122010-IC_ANN SERV1I.DOC Page 7 of 9 V. MISCELLANEOUS A. Insurance Requirements Certificate of Insurance, Cancellation or Modification a. Before commencing work, the Consultant shall submit to the City, for approval, a Certificate of Insurance meeting the requirements specified herein, to be in effect for the full contract period. b. The Consultant shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. c. Cancellation or modification of said policy or policies shall be considered just cause of the City of Iowa City to immediately cancel the Agreement and/or to halt work on the Project, and to withhold payment for any work performed on the contract. 2. Minimum Coverage a. Any policies of insurance purchased by the Consultant to satisfy its responsibilities under this Agreement shall include contractual liability coverage, and shall be in the following type and minimum amounts: Comprehensive General Liability Each Occurrence Aggreqate (1) Bodily Injury $250,000.00 $500,000.00 (2) Property Damage $100,000.00 Motor Vehicle Liability and Property Damage Insurance Per Person Per Accident (1) Bodily Injury $250,000.00 $500,000.00 (2) Property Damage $100,000.00 Workers' Compensation insurance as required by Chapter 85, Code of Iowa. Professional liability coverage minimum: $1,000,000.00. 3. Professional Coverage 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. 4. All provisions of he Agreement shall be reconciled in accordance with generally accepted standards of the Engineering Profession. 5. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire Agreement, and that no other monies or considerations have been solicited. \\HRGCRNAS\DATA11 01 000 4 3\DESIGN\CONTRACTWGR_11lAGT-122010-IC_ANN SERV1I.DOC Page 8 of 9 FOR THE CITY By: - ,. Matthew J. Hayek Title: Mayor Date: January 25 , 2011 ATTEST: ~,s~ ~~,.~ /l ~ ~-~?~ City lerk FOR THE CONSULTANT David L. Raby Title: Vice President Date: ~ ~/z° ~io 1\HRGCRNAS\DATA\tOt00D43\DESIGN\CONTRACTV\GR_11\AGT-122010-IC_ANN SERVII.DOC Page 9 of 9 '~ ~9 i ~ Prepared by: Ben Clark, Spec. Proj. Admin., 410 E. Washington St., Iowa City, IA 52240; (319) 356-5436 RESOLUTION NO. 11-31 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 H.R. GREEN TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE ROCKY SHORE LIFT STATION AND FLOOD GATES PROJECT. WHEREAS, the City of Iowa City desires to mitigate future flooding at the northwest corner of Rocky Shore Drive and Highway 6 intersection; and WHEREAS, a stormwater pump station will be improved to automatically pump stormwater, and floodgates will be installed for protection, when the Iowa River is high; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the Rocky Shore Lift Station and Flood Gates Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with H.R. Green, to provide said services; and . WHEREAS, it is in the public interest to enter into said Consultant Agreement with H.R. Green. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 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 25th day of Tanuar~ , 20 11 ATTEST:. ~' ~ 'f "~ ~-~ CITY LERK Pwenglres/rockys hl iftstati on-designagl.doc Resolution No. i 1-31 Page 2 It was moved by Champion adopted, and upon roll call there were: AYES: ~- x x X .~.- ~- wpdata/glossary/resolution-ic.doc and seconded by Wilburn the Resolution be NAYS: ABSENT: Bailey Champion x Dickens Hayek Mims Wilburn Wright CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 25th day of January 2011, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and HR Green, of Cedar Rapids, hereinafter referred to as the Consultant: WHEREAS, Consultant will provide design and construction phase services for storm sewer improvemerits and a storm pump station at the Northwest corner of Rocky Shore Drive and Highway 6 intersection. The pump station will be permanent to automatically pump stormwater when the Iowa River is high. This project will also include flood gates adjacent to the CRANDIC railroad bridge. Work will include public meetings, plan development, design development, final design, technical specifications and drawings, bidding and construction phase services. WHEREAS, Consultant will develop a hydrologic and hydraulic analysis for the watershed for the purpose of sizing the pump station. WHEREAS, Consultant will coordinate with the other stakeholders including the Iowa Department of Natural Resources, US Army Corps of Engineers, City of Coralville, CRANDIC, Iowa Interstate Railroad, University Heights and the University of Iowa. The Consultant will present information about the project to the affected public and project stakeholders and affected landowners. WHEREAS, Consultant will design the Rocky Shore stormwater Pump Station including station layout, screening, structural, mechanical and electrical components, and updated opinions of construction cost. WHEREAS, Consultant will design the flood gate or removable flood wall at the Rocky Shore Drive underpass of the CRANDIC railroad. The design criteria will be based on a protection level of the 2008 flood level plus one foot of freeboard for both the Rocky Shore Pump Station and the gate or removable wall. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES The Consultant shall adhere and follow all the requirements set forth in the Community Development Block Grant (CDBG) guidelines, as outlines in Exhibit A, which are incorporated within. Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. BASIN ANALYSIS AND PRELIMINARY DESIGN SERVICES A. Preliminary and General Work- The. Consultant shall perform the following tasks and prepare and provide the following deliverables: 1. Project Kickoff. The Consultant will conduct a project initiation meeting to clarify and identify specific project elements and objectives and the City's -2= requirements for the project, review the project staffing and organization, and develop detailed project schedule with critical dates, milestones, and deliverables. The Consultant will prepare and distribute meeting notes within one week of the meeting date. 2. Meeting with Utilities & Railroads. The Consultant will conduct apre-design meeting with affected utilities and railroads. The Consultant will prepare and distribute meeting notes within one week of the meeting date. 3. Project Progress Meetings. The Consultant will conduct a monthly status review meeting with City to present a summary of the work completed on each task, estimated completion of tasks, discussion of project issues, and a summary of the work status compared to the project schedule and budget. The Consultant will prepare and distribute meeting notes within one week of the meeting date. 4. Project Management. The Consultant will provide on-going project management including budget and schedule management. 5. Site Survey. The Consultant will complete the following site surveys: a. Watershed Survey. The Consultant will develop a watershed delineation map with topographical contours for the hydraulic assessment using the City's aerial survey data. The Consultant will verify the accuracy and provide additional information necessary to complete the analysis. The Consultant will provide the necessary survey data for drainage structures located within the watershed, including, but not limited to: inlet and outlet flowline elevations; locations; types; and sizes. b. Design Survey. The Consultant will field survey the area within the anticipated construction limits and develop a site map with topographical contours, utilities and site features needed to complete the design. The consultant will contact Iowa One Call to obtain the utility locations. c. Boundary Survey. The Consultant will provide a boundary survey for the preparation of easement or acquisition plats necessary within the construction limits. 6. NEPA Compliance. Consultant will complete an Environmental Assessment (EA) according to HUD requirements outlined in the CDBG Management Guide. The EA will include: a. Coordination with the necessary federal, state, and local agencies such as U.S. Fish and Wildlife Service (FWS), U.S. Army Corps of Engineers (USAGE), U.S. Environmental Protection Agency (EPA), Iowa Department of Economic Development (IDED), Iowa Department of Natural Resources (DNR), and the State Historic Society of Iowa (SHPO) b. Conduct a windshield field studies for listed species habitat, contaminated/ hazardous waste sites. c. Conduct a Waters of the U.S. and wetland delineation study including the appropriate forms required by USAGE. d. Sub-consultation (if needed) to a specialty firm to conduct an archeological study of the proposed project study area. e. Development of the EA document and supporting documentation. f. Coordination with. IDED and provide information needed for Notice of Intent to Release Funds and receive a Finding of No Significant Impact (FONSI). -3- B. Hydrology and Hydraulics Analysis 1. Watershed Analysis. The Consultant will develop a watershed hydrology model using XPSWMM at storm sewer and open channel outlets. The Consultant will review a range of storm durations and frequencies to assess peak discharge and peak volume storm events. 2. Hydraulic Modeling. The Consultant will review the existing conveyance structures and crossings and incorporate into the XPSWMM model. The Consultant will route developed hydrographs to simulate flooding and review peak rates of discharge and alternative conveyance means to provide adequate discharge conveyance to downstream limits. 3. Pump Station Capacity Analysis. -The initial basis of design will be a 100-year storm flow by gravity to the river when the river is low and a 10-year storm pumped when the river is above flood stage. The Consultant will identify the pump size and type to achieve this basis of design. The Consultant will analyze up to two alternatives of upstream storage and pumping capacity. Consultant will analyze the capacity of the existing effluent piping. Modifications to the existing outfall are not anticipated as part of this project and will require a change of scope if needed. C. Schematic Design Pump Station 1. Preliminary Cost Opinion. The Consultant will develop a preliminary opinion of probable construction cost for the new pump station complete with description of bid items, estimated quantities and unit prices reasonable for the scope, schedule, and anticipated job site conditions. 2. Building. The Consultant will design a building to house the motor control center and control system enclosures. The building will be approximately 10' x 16' and be air conditioned. The building will be prefabricated. The building will preferably be located above the flood protection elevation if possible, as the available footprint allows. The building may reside on top of the pump station if access allows, if not, the pump station will rest on a slab on grade. 3. Standby Power. The Consultant will design a permanent diesel standby generator. The standby generator will have adequate capacity to operate the pumps at the Rocky Shore Pump Station in the event of a primary power outage. An automatic transfer switch will be included to switch between normal and standby power. The Consultant will recommend the number and type the storm water pumps. Each storm water pump will have a Variable Frequency Drive (VFD). 4. SCADA. The Consultant will design a remote monitoring capability for use by City operations staff to remotely monitor the pump station through use of a land line (fiber if existing or telephone). The City will provide a preprogrammed control enclosure with preprogrammed PLC and panel view ihterface for communication. 5. Water Level. The Consultant will design the pump station level measurement with primary use of a transducer and use of a float as a standby. -4- 6. Screening. The Consultant will design screening to protect the pumps from damage from debris. Manual screens are anticipated. However, mechanically cleaned screens will be provided as budget allows. 7. Pump Station Schematic Design Review. The Consultant will conduct a meeting to review the recommended pump station and improvements. The Consultant will submit three (3) copies of the schematic design documents to the City for review in advance of the review meeting. The Consultant will make necessary modifications to the Schematic Design. The Consultant will prepare and distribute meeting notes within one week of the meeting date. D. Flood gate or removable flood wall Flood gate or removable flood. wall. The Consultant will develop plans and specifications for the flood gate or removable flood wall across Rocky Shore Drive. The consultant will coordinate existing underground utilities that will likely remain in place, such as gas, electric and sanitary sewer. The Consultant will provide design considerations for mitigating seepage under the proposed gate or wall. E. Geotechnicallnvestigation 1. Geotechnical Investigation. Terracon, the geotechnical subconsultant, will provide soil borings and provide the pump station foundation recommendations and gate or removable flood wall foundation recommendations including seepage considerations. Up to three borings are included as part of this project. F. Preparation of Easement Plats and Legal Descriptions Preparation of Easement Plats. It is assumed that not all of the project will be confined to work within existing utility easements and right-of-way. The Consultant will provide up to six easements if needed. The Consultant will prepare individual easement plats. The plats shall comply with the requirements of the Iowa Code. The Consultant will provide public record research, field search, and traversing computations for each easement. The Consultant will prepare legal descriptions and acquisition plans for right-of-ways, temporary easements, permanent easements and utility easements in accordance with local acquisition regulations. The City will acquire the easements. G. Public Involvement/lnformation The Consultant will present an overview of the project to the local stakeholders. The Consultant will prepare materials to present to the public including layouts, summary of improvements, schedule for improvements, summary of affected landowners, and preliminary construction costs. The Consultant will prepare and distribute meeting minutes. Up to two public meetings are included as part of this project. 2. The Consultant will respond to public comments and include meeting minutes, public comments, responses, and proof of publication of the public meeting in the EA,documentation. -5- FINAL DESIGN AND BIDDING SERVICES A. Final Design The Consultant shall perform the following tasks and prepare and provide the following deliverables: Design Development. The purpose of this phase of design is to utilize the decisions that were made in the previous phase to further develop the project design. Equipment, major piping, process and the site plan are all finalized during this phase to allow final detailing in the next phase of design. Specific activities, and work products from this phase include but are not limited to the following: a. Civil/Process/Mechanical Design. 1) Layout subsurface drainage plan. 2) Prepare grading plans including flood gate or removable wall. 3) Prepare storm sewer or piping plan and profiles for drainage (intakes and discharge piping from the pump station. 4) Layout pump station, piping and valves. 5) Develop major sections showing pump station facilities. 6) Prepare plans of inlet structure and screening facilities. 7) Prepare piping plans and connection details. 8) Prepare draft specifications for major process equipment. b. Structural Design. 1) Confirm structure and building layouts developed in the previous phase with process, electrical and mechanical designers. Add dimensioning and detail. 2) Interpret geotechnical investigation results and provide structural design per recommendations. c. Electrical and Control System Design. 1) Verify electrical feed requirements, develop electrical feed switching arrangements. 2) Develop motor control center layouts and elevations. 3) Develop controls concepts and instrumentation requirements. 4) Prepare power and lighting design. 2. Design Development Review. The Consultant will conduct a meeting to review the recommended improvements. The Consultant will provide three (3) copies of the design documents to the City. The meeting will be scheduled at approximately sixty percent (60%) project completion. The Consultant will meet with the City after documents have been reviewed and resolve any questions. The Consultant will prepare and distribute meeting notes within one week of the meeting date. The Consultant will make necessary modifications to the plans and specifications. In addition, the Consultant will complete the following activities for discussion at the review meeting: a. Complete a constructability review to verify the proposed methods of construction and establish the durations needed for construction activities. b. Complete an internal QA/QC review of the design and make recommended changes as needed. The QA/QC review will include a review within each discipline as well as a review of the project across discipline lines. c. Update the preliminary opinion of probable construction cost for the work complete with description of bid items, estimated quantities and unit prices reasonable for the scope, schedule; and anticipated job site conditions. Identify and track significant cost changes as cost trends. 3. Construction Documents. This phase of final design consists of adding final -6- details to the drawings and completing the specifications. Information developed in previous phases of final design is used to develop final contract documents in this phase. Specific Consultant activities and work products from this phase are described but not limited to the following: a. Civil/Process/Mechanical Design. 1) Prepare the remaining civil/process/mechanical specifications for the project. Prepare detailed drawings and special provisions and other documents for the proposed construction work and for the materials and equipment required. The documents shall be prepared for selection of private construction contractors on a competitive bid basis. 2) Complete civil/process/mechanical details and drawings for all areas. 3) Finalize sitework and piping for the pump station sites. b. Structural Design. 1) Complete structure and building construction documents. Develop final construction details. c. Electrical and Control System Design. 1) Prepare electrical site plans. 2) Prepare power distribution one-line diagrams for equipment. 3) Complete electrical power plans. 4) Prepare panel board schedules. 5) Prepare electrical and control system specifications. 6) Finalize P&IDs and an input/output signal list for all systems. 7) Prepare instrument details. 8) Provide standby power. 9) The Consultant will provide an arc flash analysis of the installation. 4. Construction Documents Review. The Consultant will conduct a meeting to review the pump station design and gate or removable floodwall improvements. The Consultant will provide three (3) copies of the design documents to the City. The meeting will be scheduled at approximately ninety percent (90%) project completion. The Consultant will meet with City after documents have been reviewed and resolve any questions. The Consultant will prepare and distribute meeting notes within one week of the meeting date. The Consultant will make necessary modifications to plans and specifications. In addition, the Consultant will complete the following activities for discussion at the review meeting: a. Complete an internal QA/QC review of the design and make recommended changes as needed. The QA/QC review will include a review within each discipline as well as a review of the project across discipline lines. b. Update the preliminary opinion of probable construction cost for the work. Identify and track significant cost changes as cost trends. Develop a summary of cost trends for the project through this point of project completion. 5. Design Completion. In this phase of the project, the construction documents are reviewed by the City and prepared for advertisement: The Consultant will provide the following as described below: a. Prepare detailed drawings and special provisions and other documents for the proposed construction work and for the materials and equipment required. The documents shall be prepared for selection of private construction contractors on a competitive bid basis. The SUDAS Standard Specifications for Public Improvements will be used. b. Submit 100 percent unapproved plans to City staff for final review. Meet with all parties after plans have been received to discuss and resolve questions. Make necessary modifications to plans and specifications. -~- c. Provide in the specifications a list of the permits which must be obtained by the Contractor. Provide information to the City to assist them in completing and submitting the construction permit and applicable schedules to the Iowa Department of Natural Resources. d. Collect review comments and incorporate them into final bid documents. Resolve any questions of City. Make necessary modifications to plans and specifications. e. Submit two sets each of final bid documents to the City. f. Submit three copies of final plans and specifications to City for advertisement and bid .letting. Provide one set of reproducible originals for development of sets of construction documents. g. Finalize the opinion of probable construction cost based on final project quantities with description of bid items, estimated quantities and unit prices reasonable for the scope, schedule, and anticipated job site and conditions. Develop latest cost trends for the project. B. Bidding Assistance The Consultant will provide the following services during the bidding phase: 1. Develop the front end document requirements of the specifications of the contract documents . One bid package will- be developed. 2. Print the required number of drawings, specifications, and contract documents for distribution to prospective bidders for the project, anticipated to be 30 sets of documents. 3. Advertise for bids for the construction of the project. 4. Furnish copies of drawings, specifications, and contract documents to prospective bidders and other interested parties. 5. Correspond with prospective bidders, suppliers, and other interested parties with questions and comments during the bid period. 6. Issue addenda as appropriate to interpret, clarify, or expand bidding documents. 7. Attend apre-bid meeting with the City and prospective bidders, suppliers, and other interested parties. 8. Attend the bid opening. 9. Prepare bid tabulation sheets and distribute to the City and all plan holders. 10. Assist the City in evaluating bids and awarding construction contracts. CONSTRUCTION PHASE SERVICES Construction Administration The Consultant will provide the following services during the construction phase: 1. Provide construction phase administration during the duration of the improvements project including appropriate construction documentation such as shop drawing review, change order review, clarification requests, and preparation of record drawings, as detailed below. 2. Assisting the City with start-up of the new facilities, as detailed below. A. Preliminary and General Work 1. Project Management -Provide on-going project management for the duration of the construction phase of the project. Construction of this project is anticipated to take 8 months from award to final completion for the contractor. B. Construction Contract Administration -8- 1. Coordinate a preconstruction meeting after award of construction contract for the City, Contractor, subcontractors and utility companies. Consultant will prepare and distribute meeting minutes to all participants within one week of the meeting. 2. Respond to requests for clarification and review and recommend action on Contractor initiated claims. Prepare a summary of the contractor initiated claim to the City and prepare and provide an opinion of construction cost for the Contractor's change order and develop a recommendation for the City on how to proceed based on the Contractor pricing offered to the City. 3. Review Contractor's construction schedule and monthly updates for general compliance with the intent of the Contract Documents. Review will consist of verifying that the Contractor creates a schedule to complete the construction by the date noted in the Contract Documents and that the Contractor maintains the schedule to reflect actual progress and updated forecasts. 4. Review shop drawings, samples, and other data which the Contractor is required to submit, but only for conformance with design concept of the Project and conformance with the information given in the contract documents. Such review shall not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. 5. Review Contractor submittals required by the contract documents, and make appropriate responses. Advise the City immediately if it is determined that any work requiring a Contractor submittal is commenced prior to review. All efforts involved in reviews of subsequent submittals beyond three (initial submittal and two revisions) will be recorded in anticipation of additional compensation from appropriate back charges to the Contractor as provided in the Contract Documents. 6. Participate in regular (monthly) progress meetings conducted by the Consultant and Contractor. 7. Consult with and advise the City and act as City's representative. All of City's instructions to the Contractor will be issued through the Consultant, who will have the authority to act on behalf of the City. The Consultant shall not act on the City's behalf without securing actual authority from the City's representative prior to taking such action. 8. During the period of construction, Consultant shall make periodic visits to the site at intervals appropriate to the various stages of construction as the Consultant deems appropriate. The Consultant may also provide or withhold from conducting a site visit at the City's request. Up to eight (8) site visits are anticipated and budgeted. The purpose of these visits shall be to observe the site and work, to familiarize the Consultant with the progress and quality of the work, and to determine for the City's benefit and protection if the work is proceeding in accordance with the intent of the contract documents and construction schedule. Consultant shall keep the City informed of the progress and quality of the work and shall use reasonable care to inform the City of defects and deficiencies in the Contractor's work and of the Contractor's failure to carry out the work in accordance with the intent of the construction documents and the construction schedule. Consultant shall not, during such visits, supervise, direct or have control over the Contractor's work, nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor, for safety precautions and programs incident to the work, or for any failure of the Contractor to comply with laws, rules, regulations, ordinances or codes applicable to the Contractor furnishing and performing its work. Accordingly, Consultant can neither guarantee the performance of the construction contract by the Contractor nor assume responsibility for the Contractor's failure to furnish -9- and perform its work in accordance with the contract documents. During such visits, the Consultant may disapprove of or reject the Contractor's work while it is in progress if Consultant believes that such work will not produce a completed Project that conforms generally to the contract documents or that it will prejudice the integrity of the design concept of the Project as reflected in the contract documents. Consultant will document Contractor deficiencies verbally and in writing to the Contractor and the City. 9. Consult with City regarding the status of the work and provide recommendations for partial payments due to the Contractor. Such recommendations of payment will constitute a representation to City, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of Consultant's knowledge, information and belief, quality of such work is generally in accordance with the contract documents. In the case of unit price work, Consultant's recommendation of payment will include determinations of quantities and classifications of such work. Consultant's review of the Contractor's work for the purpose of recommending payments shall not impose on Consultant the responsibility to supervise, direct or control such work. It shall also not impose responsibility on Consultant to make any examination to ascertain how or for what purposes the Contractor has used the monies paid on account of the contract price. 10. Issue necessary interpretations and clarifications of the contract documents and, in connection therewith, prepare change orders as required. Evaluate and determine the acceptability of substitute materials and equipment proposed by the Contractor. Substitutions and change orders shall first be approved by the City in writing. 11. Conduct construction observation to determine if the work is substantially complete and a final observation with City staff to determine if the completed work is acceptable so that Consultant may recommend, in writing, final payment to the Contractor and may give written notice to City and the Contractor that the work is acceptable, but any such recommendation and notice will be subject to the limitations expressed in item 7, and the duties imposed under item 8. Consultant and City staff will provide a punch list for the Contractor. 12. Review and assemble the operating and maintenance information supplied by the manufacturers of the equipment into a Manufacturers Operations and Maintenance Manual. This task to include both hardcopy and electronic versions. 13. The Consultant will assist City in startup of the new facilities. The Consultant will provide up to 24 hours of employee time and three (3) trips to the site for startup assistance. 14. Prepare record drawings showing those changes made during construction, based on the marked-up drawings and other data furnished by the Contractor to Consultant and which Consultant considers significant. Provide the City with one paper copy (not Mylar) and an electronic copy in .pdf format of the record drawings. C. Construction Staking Consultant shall provide construction staking for the following: 1. Pump Station a. Structure corner stakes on one side b. Reference plan control points. 2. Gate or removable flood wall a. Centerline and Offsets -10- 3. Storm water piping a. Centerline and offsets 4. Easements 5. Site Grading The Construction Contractor will determine the layout/location of these items based on centerline and other staking described in tasks above. The above tasks consist of providing one-time construction staking to establish the line and grade of the proposed improvements. Staking work for pavement replacement, control, granular surfacing, silt fence, field fence, sign locations, pavement markings, and other miscellaneous items are not included. ADDITIONAL SERVICES The following services are not included in this Agreement: 1. Construction geotechnical services. 2. Material testing and certification services. 3. Design of replacement pump station effluent piping Should the City desire to retain the Consultant for performance of these services, the parties will enter into a separate agreement for such. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Please see attached project schedule. 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. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement,. the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" 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 -11- exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a 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. -12- IV. COMPENSATION FOR SERVICES The engineering services described in this agreement will be provided on a time and materials basis per the current rate schedule with a not to exceed price of $680,400. The engineering services fee is itemized in the following way: hydrology and hydraulic analysis, permitting, surveying, archeological, geotechnical, environmental, public involvement and design as described above $548,400. Bidding $28,000. Construction Administration and staking 104,000. 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. FOR THE CITY By: n~ ~, Matthew J. Hayek Title: Mayor Date: January 25 , 2011 ATTEST: City lerk FOR THE CONSULTANT Title: ~~~.~ ~.~ ~ ~ ,~ Date: -?~ , Approved by: ity j- Z; -/l Date pw\forms\consagmt.frm EXHIBIT A The City is referred to as contractor and recipient below and Consultant as "subcontractor and subrecipient." City and Consultant agree to abide by the following provisions, as applicable: 1) Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended. Contracts and subgrants of amounts in excess of $100,000 shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA). Contractors and subcontractors agree: a. That any facility to be used in the performance of the contractor subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. 2) Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333) Where applicable, all contracts awarded by recipients in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 3) Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall comply with the Copeland 'Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States .). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD. 4) Davis-Bacon Act, as amended (40 U.S.C. 276a to 276a-5) When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the Davis- Bacon Act (40 U.S.C. 276a to 276a-5) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at agate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD. 5) Debarment and Suspension (E.O.s 12549 and 12689) No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension," as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 6) Drug-Free Workplace Requirements The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. 7) Equal Employment Opportunity Contractor shall comply with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." During the performance of the contract, the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the municipality setting forth the provisions of the non-discrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the property Owner, advising the labor union of workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor.. (e) The Contractor will furnish atl information and reports required by Executive Order 11246 amended as of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or the Secretary of Housing and Urban Development, pursuant thereto, and will permit access to his books, records, and accounts by the property owner, the City, the Secretary of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (f) In the event of the Contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or Federally funded constructed contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the property owner may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. In addition to the federal EEO requirements above, Contractor agrees that its employees and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status, or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 8) Lobbying and Influencing Federal Employees (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. 9) Nonsegregated Facilities The federally-assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally-assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files. 10) Section 3 of the Housing and Urban Development Act of 1968 Contractor agrees to comply with Section 3 requirements, the regulations set forth in 24 CFR 135, and to include the following language in all subcontracts executed under this Agreement: A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract.- Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 4 11) Women and Minority Owned Business Enterprises Contractor shall use its best efforts to afford minority and women-owned business enterprises (at least fifty-one (51) percent owned and controlled by minority group members or women) the maximum practicable opportunity to participate in the performance of this Agreement. 12) Federal Labor Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred -for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually, performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis- Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, .or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 12150140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 12150140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage- rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs rea- sonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the. apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the per- sons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without re- bate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compli- ance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services; or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is riot individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) Specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship. program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees. to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ...influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be dis- charged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of La- borwithhold or cause to be withheld, from any moneys payable on account of work pertormed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the sub- contractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable only where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq. (3) The Contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be bending on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 13) Civil Rights Provisions As applicable, the Subcontractor agrees to comply with: io a. Title VI of the Civil Rights Act of 1964 as amended Title VI, codified at 42 U.S.C. § 2000d, prohibits racial discrimination by recipients of federal funds as follows: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. b. Title VIII of the Civil Rights Act of 1968 as amended Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Act of 1988, which is codified at 42 U.S.C. § 3604, prohibits discriminating against persons in the sale or rent or a dwelling based on disability. Discrimination includes a refusal to make reasonable accommodations in rules and policies, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling. Section 109 of Title I of the Housing and Community Development Act of 1974 as amended Section 109 is codified at 42 USC 5309 and provides that no person shall on the ground of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds. d. Americans with Disabilities Act of 1990 as amended The Americans with Disabilities Act of 1990, as amended, prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job- application procedures, hiring, firing; advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. e. Section 504 of the 1973 Rehabilitation Act The Subcontractor agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Contractor shall provide the Subcontractor with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. f. Age Discrimination Act of 1975 This prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance. g. Executive Order 11063 This Executive Order signed by President Kennedy "prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds." 11 HOWARD R. GREEN COMPANY Billing Rate Schedule Effective January 1, 2010 to January 1, 2012 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 Senior Field Personnel $100 to $150 Field Personnel $70 to $100 Junior 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. 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Proj. Admin., 410 E. Washington St., Iowa City, IA 52240; (319) 356-5436 LUTION NO. RESOLUTION APPR VING, AUTHORIZING AND DIRECTING T E MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREE ENT BY AND BETWEEN THE CI OF IOWA CITY AND H.R. GREE TO PROVIDE ENGINEERING CONS TANT SERVICES FOR THE RO SHORE LIFT STATION AND FLOOD G TES PROJECT. WHEREAS, the City of Iowa City sires to mitigate future floo ing at the northwest corner of Rocky Shore Drive and Highway 6 int rtersection; and WHEREAS, a stormwater pump statio will be improved to utomatically pump stormwater, and floodgates will be installed for protection, when the Iowa Ri r is high; and WHEREAS, the City desires the serviced of a design for construction of the Rocky Shore 'lift S WHEREAS, the City of Iowa City has negotiated H.R. Green, to provide said services; and WHEREAS, it is in the public interest to e NOW, THEREFORE, BE IT RESOLVES BY CITY, IOWA, THAT: / 1. The Consultant's Agreement/attached he to form and content. .,,' 2. The Mayor and City C~i~rk are hereby Consultant's Agreement. Passed and approved thi~~ day of _ ATTEST: CITY%CLERK I firm to prepare preliminary and final Flood Gates Project; and Agreement for said consulting services with said Consultant Agreement with H.R. Green. E CITY COUNCIL OF THE CITY OF IOWA MAYOR is in the public interest, and is approved as and directed to execute the attached 20 Approved by ~ ~~ ity Attorney's Office i I ~ ~ ~ t Pweng/res/rockyshl iftstati on ~esi g nagt. doc ULTANT AGREE THIS AGREEMENT, made and entered into this day of between the City of Iowa City, a nicipal corporation, hereinafter Green, of Cedar Rapids, hereinaft r referred to as the Consultant. WHEREAS, Consultant will prov improvements and a storm pum Highway 6 intersection. The pu when the Iowa River is high. This railroad bridge. Work will include design, technical specifications and design and construction ~ station at the Northwest coi station will be permanent to project will also include flood ublic meetings, plan develo drawings, bidding and const)~ 2011, by and rred to as the City and HR : services for storm sewer of Rocky Shore Drive and ~matically pump stormwater s adjacent to the CRANDIC t, design development, final ~ phase services. WHEREAS, Consultant will develop~a hydrologic and hydr~Glic analysis for the watershed for the purpose of sizing the pump statio / WHEREAS, Consultant will coordin to with the oth r stakeholders including the Iowa Department of Natural Resources, US rmy Corps of gineers, City of Coralville, CRANDIC, Iowa Interstate Railroad, University He hts and the niversity of Iowa. The Consultant will present information about the project t the affect d public and project stakeholders and affected landowners. WHEREAS, Consultant will design the Roc Sh a stormwater Pump Station including station layout, screening, structural, mechanical an el ctrical components, and updated opinions of construction cost. WHEREAS, Consultant will design the flood` ga or removable flood wall at the Rocky Shore Drive underpass of the CRANDIC railroad`: The design criteria will be based on a protection level of the 2008 flood level plus one foot of freeb and for both the Rocky Shore Pump Station and the gate or removable wall. NOW THEREFORE, it is agreed b,~ and between a parties hereto that the City does now contract with the Consultant to provide services as set rth herein. SCOPE OF SERVICES -' Consultant agrees to perform the following services for the ' y, and to do so in a timely and satisfactory manner. BASIN ANALYSIS AND; PRELIMINARY DESIGN SERVICES A. Preliminary and General Work- The Consultant shall perform the following tasks and prepare anti provide the following deliverables: 1. Project Kickoff. The Consultant will conduct a project initiation meeting to clarify and identify specific project elements and objectives and the City's requirements for the project, review the project staffing and organization, and develop detailed project schedule with critical dates, milestones, and deliverables. The Consultant will prepare and distribute meeting notes within one week of the meeting date. -2- 2. Meeting with Utilities & Railroads. The Consultant will conduct apre-design meeting with affected utilities and railroads. The Consultant will prepare and distribute meeting notes within one week of the meeting date. 3. Project Progress Mee ' s. The Consu a ~ conduct a monthly status review meeting with ' y to present a summary of the k completed on each task, estimated com etion of tasks, discussion of project iss s, and a summary of the work statu compared to the project schedule an budget. The Consultant will pre are and distribute meeting notes within on week of the meeting date. 4. Project Manageme t. The Consultant will provide on-going projec management includi g budget and schedule management. 5. Site Survey. The Co sultant will complete the following site su eys: a. Watershed Surv y. The Consultant will develop a water ed delineation map with topograp ical contours for the hydraulic asses ent using the City's aerial survey ata. The Consultant will verify the ccuracy and provide additional informatio necessary to complete the an ysis. The Consultant will provide the neces ary survey data for drainag structures located within the watershed, includi ,but not limited to: inlet nd outlet flowline elevations; locations; ty es; and sizes. b. Design Survey. The C nsultant will fields ey the area within the anticipated construction li its and develo a site map with topographical contours, utilities and site atures need d to complete the design. The consultant will contact Iowa ne Call obtain the utility locations. c. Boundary Survey. The Co ultan ill provide a boundary survey for the preparation of easement or a ui 'ion plats necessary within the construction limits. 6. NEPA Compliance. Consultant II c mplete an Environmental Assessment (EA) according to HUD require ents o tlined in the CDBG Management Guide. The EA will include: a. Coordination with the cessary fed ral, state, and local agencies such as U.S. Fish and Wildli Service (FWS U.S. Army Corps of Engineers (USAGE), U.S. En ironmental Protect n Agency (EPA), Iowa Department of Economic De lopment (IDED), low Department of Natural Resources (DNR), and th State Historic Society of owa (SHPO) b. Conduct a wirSdshield field studies for liste species habitat, contaminated/ hazardous~waste sites. c. Condu a Waters of the U.S. and wetland lineation study including the app priate forms required by USAGE. d. S -consultation (if needed) to a specialty firm to conduct an archeological tudy of the proposed project study area. e. -Development of the EA document and supporting`~locumentation. f. Coordination with IDED and provide information needed for Notice of Intent to Release Funds and receive a Finding of No Significant Impact (FONSI). B. Hydrology and Hydraulics Analysis 1. Watershed Analysis. The Consultant will develop a watershed hydrology model using XPSWMM at storm sewer and open channel outlets. The Consultant will -3- review a range of storm durations and frequencies to assess peak discharge and peak volume storm events. 2. Hydraulic Modeling. The Consultant will review the existing conveyance structures and crossings and incorporate into the XPSWMM model. The Consultant will ro to developed hydrographs to simulate flooding and review peak rates of disc rge and alternative conveyance means to provide adequate discharge conveys to downstream limits. 3. Pump Station Cap i storm flow by gravity o pumped when the riv r pump size and type to up to two alternatives will analyze the capacit existing outfall are not of scope if needed. C. Schematic Design Pump Analysis. The initial basis of design will be a 100-year th river when the river is low and a 10-year storm is ab a flood stage. The Consultant will identify the chieve t ' basis of design. The Consultant will analyze upstream s ge and pumping capacity. Consultant of the existing a ent piping. Modifications to the a ticipated as part oft roject and will require a change n Preliminary Cost Opinion. The Consultant will develo a preliminary opinion of probable construction cost fo the new pump station c plete with description of bid items, estimated quantitie and unit prices reas able for the scope, schedule, and anticipated job s'te conditions. 2. Building. The Consultant will de~ center and control system enclose 16' and be air conditioned. The bi preferably be located above the flc available footprint allows. The bui access allows, if not, the pump sty n a build' g to house the motor control ~s. Th building will be approximately 10' x ding drill be prefabricated. The building will otection elevation if possible, as the g may reside on top of the pump station if ~ will be located on a slab on grade. 3. Standby Power. The Consultant will d sil generator. The standby generator will h v pumps at the Rocky Shore rump Station An automatic transfer switch will be include standby power. The Consultant will recom water pumps. Each storm water pump will (VFD). n a permanent diesel standby adequate capacity to operate the the event of a primary power outage. ~ to switch between normal and ~nd the number and type the storm h ve a Variable Frequency Drive 4. SCADA. The Consultant will design a remote n1 City operations-staff to remotely monitor the pun line (fiber if existing or telephone). The City will control encl sure with preprogrammed PLC and communi tion. The City monitors the SCADA waste , er treatment plant. nitoring capability for use by > station through use of a land ~ovide a preprogrammed ~nel view interface for tem from the south 5. Water Level. The Consultant will design the pumps tion level measurement with primary use of a transducer and use of a float as tandby. 6. Screening. The Consultant will design screening to protect the pumps from damage from debris. Manual screens are anticipated and included in the base services design. However, mechanically cleaned screens will be provided as -4- budget allows and designed upon written request by the City per the terms of the Compensation section of this agreement. 7. Pump Station Schematic Design Review. The Consultant will conduct a meeting to review the recommended pump station and improvements. The Consultant will submit three (3) copies of the schematic design documents to the City for review in advance of the review meeting. The Consultant will make necessary ' 'cations to the Schematic Design. The Consultant will prepare and distribut eeting no the meeting date. D. Flood gate or remov~le flood wall Flood gate or remdv specifications for the c Drive. The consultan remain in place, such provide design consic wall. E. F Geotechnical Investigation e flood wall. The Consultant will dev lop plans and d .gate or removable flood wall acros Rocky Shore II coordinate existing underground u ities that will likely gas, electric and sanitary sewer. a Consultant will itions for mitigating seepage un r the proposed gate or 1. Geotechnical Investigation The geotechni I subconsultant will provide soil borings and provide the pump station found ion recommendations and gate or removable flood wall foundatio recomm dations including seepage considerations. Preparation of Easement Plats and L al Descriptions Preparation of Easement Plat . It 's assumed that not all of the project will be confined to work within existi utilit easements and right-of-way. The Consultant will provide up t six ease ents if needed. The Consultant will prepare individual easem t plats. Th plats shall comply with the requirements of the Iowa Code. The nsultant will p ovide public record research, field search, and traversing omputations for ch easement. The Consultant will prepare legal descrip ons and acquisition lans for right-of-ways, temporary easements, perms nt easements and utili easements in accordance with local acquisition r gulations. The City will ne tiate the property acquisition. G. Public Involvemenpllnformation 1. The Consu ant will present an overview of the prod ct to the local stakeholders. The Con Itant will prepare materials to present to a public including layouts, summa of improvements, schedule for improveme ts, summary of affected lando ers, and preliminary construction costs. The Consultant will prepare and stribute meeting minutes. Up to two public meetin s are included as part oft is project. 2. T e Consultant will respond to public comments and include meeting minutes, public comments, responses, and proof of publication of the public meeting in the EA documentation. -5- FINAL DESIGN AND BIDDING SERVICES A. Final Design The Consultant shall perform the following tasks and prepare and provide the following deliverables: Design Development. T se__ his h decisions th re made in the previous phase design. Ec during this activities, following: a. Civil/P 1) La} 2) Pre 3) Pre ase of design is to utilize the ~~fad:~ier develop the project aipment, major piping, process and the site pial phase to allow final detailing in the next phase o1 nd work products from this phase include but are :ss/Mechanical Design. subsurface drainage plan. grading plans including flood gate or re storm sewer or piping plan and profiles dischar a piping from the pump station.) A ne designe if needed and upon written request b the Comp nsation section of this agreement. 4) Layout pu p station, piping and valves. are all finalized esign. Specific ~t limited to the mov le wall. for rainage (intakes and discharge pipe will be the City per the terms of 5) Develop m 'or sections showing pumps tion facilities. 6) Prepare pla of inlet structure and scr ening facilities. 7) Prepare pipin plans and connection etails. 8) Prepare draft ecifications for ma' r process equipment. b. Structural Design 1) Confirm structu and build with process, el ctrical and detail. 2) Interpret geotechni al in per recommendatio Electrical and Control s 1) Verify electrical fe r arrangements. 2) Develop motor c trot cf 3) Develop control conce~ 4) Prepare powe and lighti uts developed in the previous phase ~nical designers. Add dimensioning igation results and provide structural design Design. irements, develop electrical feed switching er layouts and elevations. and instrumentation requirements. 2. Design Develop nt Review. The Consultant will conduct a meeting to review the recommende improvements. Th Consultant will provide three (3) copies of the design doc ents to the City. Th Consultant will meet with the City after documents ha a been reviewed and res Ive any questions. The Consultant will prepare and istribute meeting notes with' one week of the meeting date. The Consultant ill make necessary modificatio to the plans and specifications. In addition, th Consultant will complete the foll ing activities for discussion at the review me ting: a. Com ete a constructability review to verify the proposed methods of con ruction and establish the durations needed for construction activities. b. Co plete an internal QA/QC review of the design and make recommended c tinges as needed. The QA/QC review will include a review within each discipline as well as a review of the project across discipline lines. c. Update the preliminary opinion of probable construction cost for the work complete with description of bid items, estimated quantities and unit prices reasonable for the scope, schedule, and anticipated job site conditions. Identify and track significant cost changes as cost trends. -6- 3. Construction Documents. This phase of final design consists of adding final details to the drawings and completing the specifications. Information developed in previous phases of final design is used to develop final contract documents in this phase. Specific Consultant activities and work products from this phase are described but not limited to the following: a. Civil/Process/Mecha esign. 1) Prepare the r aining civ ocess/mechanical specifications for the project. Pre re detailed drawl sand special provisions and other documents f r the proposed constru ion work and for the materials and equipment r quired. The documents all be prepared for selection of private const ction contractors on a com titive bid basis. 2) Complete civi process/mechanical details a d drawings for all areas. 3) Finalize sitew k and piping for the pump sta ion sites. b. Structural Desig 1) Complete stru ure and building constructio documents. Develop final construction de ils. c. Electrical and Con rol System Design. 1) Prepare electric site plans. 2) Prepare power di tribution one-line diagram for equipment. 3) Complete electric I power plans. 4) Prepare panel bo rd schedules. 5) Prepare electrical nd control system sp cifications. 6) Finalize P&IDs an an input/output sign I list for all systems. 7) Prepare instrument etails. 8) Provide standby po er. 9) The Consultant will p ovide an arc f sh analysis of the installation. 4. Construction Documents view. T e Consultant will conduct a meeting to review the pump station desi and g to or removable floodwall improvements. The Consultant will provide thr a (3) opies of the design documents to the City. The Consultant will meet with Cit after documents have been reviewed and resolve any questions. The Co tant will prepare and distribute meeting notes within one week of the meeti date. The Consultant will make necessary modifications to plans and a ifications. In addition, the Consultant will complete the following activiti s for discussion at the review meeting: a. Complete an internal QC r iew of the design and make recommended changes as needed. he QA/ C review will include a review within each discipline as well as review of t e project across discipline lines. b. Update the prelim' ary opinion f probable construction cost for the work. Identify and tra significant co t changes as cost trends. Develop a summary of st trends for the project through this point of project completion. 5. Design Com {etion. In this phase of the\.project, the construction documents are reviewe by the City and prepared for advertisement. The Consultant will provide th ollowing as described below: a. Prep a detailed drawings and special provisions and other documents for the roposed construction work and for the materials and equipment re fired. The documents shall be prepared for selection of private c nstruction contractors on a competitive bid basis. The SUDAS Standard pecifications for Public Improvements will be used. b. Submit 100 percent unapproved plans to City staff for final review. Meet with all parties after plans have been received to discuss and resolve questions. Make necessary modifications to plans and specifications. -7- c. Provide in the specifications a list of the permits which must be obtained by the Contractor. Provide information to the City to assist them in completing and submitting the construction permit and applicable schedules to the Iowa Department of Natural Resources. d. Collect review comments and incorporate them into final bid documents. Resolve any questions it . Make necessary modifications to plans and specifications. e. Submit two sets ach of final bid do ments to the City. f. Submit three c pies of final plans and ecifications to City for advertisement and bid letting Provide one set of repr ducible originals for development of sets of constr ction documents. g. Finalize the o inion of probable constr ction cost based on final project quantities with description of bid items, stimated quantities and unit prices reasonable for the scope, schedule, and anticipated job site and conditions. Develop latest ost trends for the project B. Bidding Assistance The Consultant will prov' a the following services during the bidding phase: ',\ 1. Develop the front a document re irements of the specifications of the contract documents. O e bid package ill be developed. 2. Print the required num er of drawin ,specifications, and contract documents for distribution to prospe tive bidder for the project, anticipated to be 30 sets of documents. 3. Advertise for bids for the construct' n of the project. 4. Furnish copies of drawings, pecifications, and contract documents to prospective bidders and other i erested parties. 5. Correspond with prospective ders, suppliers, and other interested parties with questions and comments duri g the bid period. 6. Issue addenda as appropria to interpret, clarify, or expand bidding documents. 7. Attend apre-bid meeting ith the City and prospective bidders, suppliers, and other interested parties. 8. Attend the bid opening. 9. Prepare bid tabulation heets and distribute to the City and all plan holders. 10. Assist the City in eva ating bids and awarding construction contracts. CONSTRUCTION PHASE SERVACES Construction Administration The Consultant will provide t~e following services during the construction phase: 1. Provide constructioct phase administration during the duration of the improvements project including ~propriate construction documentation such as shop drawing review, change order rey ew, clarification requests, and preparation of record drawings, as detailed below. j 2. Assisting the pity with start-up of the new facilities, as detailed below. A. PreliminAry and General Work Project Management -Provide on-going project management for the duration of the construction phase of the project. Construction bf this project is anticipated to take 8 months from award to final completion for the contractor. B. Construction Contract Administration -8- 1. Coordinate a preconstruction meeting after award of construction contract for the City, Contractor, subcontractors and utility companies. Consultant will prepare and distribute meeting minutes to all participants within one week of the meeting. 2. Respond to requests for clarification and review and recommend action on Contractor initiated claims. Prepare a summary of the contractor initiated claim to the City and prepare and provide an opinion of construction cost for the Contractor's requested change order and develop a recommendatidn for the City on how to pro eed based on the Contractor pricing offered to the ca'ty. 3. Review Cont actor's construction schedule and monthly updates ~r general compliance ith the intent of the Contract Documents. Review ill consist of verifying that a Contractor creates a schedule to complete t construction by the date note in the Contract Documents and that the Con. actor maintains the schedule to re ct actual progress and updated forecast~:'P 4. Review shop dr wings, samples, and other data which,the Contractor is required to submit, but on for conformance with design conc,~pt of the Project and conformance with the information given in the contract documents. Such review shall not extend to eans, methods, techniques,~sequences, or procedures of construction or to s ety precautions and pro ams incident thereto. 5. Review Contractors mittals required by t contract documents, and make appropriate response Advise the City i ediately if it is determined that any work requiring a Contr for submittal i ommenced prior to review. All efforts involved in reviews of su sequent su mittals beyond three (initial submittal and two revisions) will be reco ded in a icipation of additional compensation from appropriate back charges the ontractor as provided in the Contract Documents. 6. Participate in regular (mont progress meetings conducted by the Consultant and Contractor. 7. Consult with and advise a Cit and act as City's representative. All of City's instructions to the Co actor will a issued through the Consultant, who will have the authority to act o behalf of th City. The Consultant shall not act on the City's behalf witho securing actua authority from the City's representative prior to taking such a on. 8. During the peri d of construction, Con ultant shall make periodic visits to the site at intervals a ropriate to the various st ges of construction as the Consultant deems app priate or upon the City's req est. The Consultant may also provide or withho from conducting a site visit at t City's request. Up to eight (8) site visits ar anticipated and budgeted. The pu ose of these visits shall be to obse the site and work, to familiarize the C sultant with the progress and qual' of the work, and to determine for the City benefit and protection if the wo is proceeding in accordance with the intent o the contract documents and c nstruction schedule. Consultant shall keep the C informed of the progress nd quality of the work and shall use reasonable care to inform the City of defects and deficiencies in the Contractor's work and o the Contractor's failure / to carry out the work in accordance with the intent of the`construction documents and the construction schedule. Consultant shall not, during such visits, supervise, direct or have control over the Contractor's work, nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor, for safety precautions and programs incident to the work, or for any failure of the Contractor to comply with laws, rules, regulations, ordinances or codes applicable to the Contractor furnishing and performing its work. Accordingly, Consultant can neither guarantee the performance of the construction contract by the Contractor nor assume responsibility for the Contractor's failure to furnish -9- and perform its work in accordance with the contract documents. During such visits, the Consultant may disapprove of or reject the Contractor's work while it is in progress if Consultant believes that such work will not produce a completed Project that conform generally to the contract documents or that it will prejudice the integrity of the esign concept of the Project as reflected in the contract documents. Cons Itant will document Contractor deficiencies verbally and in writing to the Cont actor and the City. 9. Consult with City r garding the status of the work and provide .recommendations for partial paymen due to the Contractor. Such recommendations of payment will constitute a re resentation to City, based on such observations and review, that the work has p ogressed to the point indicated, and that, -to the best of Consultant's know) dge, information and belief, quality of such work is generally in accordance with t e contract documents. In the case of tanit price work, Consultant's recom endation of payment will include de~minations of quantities and classi ations of such work. Consultant' review of the Contractor's work for a purpose of recommending yments shall not impose on Consultant the res nsibility to supervise, direc r control such work. It shall also not impose respo ibility on Consultant to a any examination to ascertain how or for wh t purposes the Contra or has used the monies paid on account of the contract ice. 10. Issue necessary interpre tions and clarific ions of the contract documents and, in connection therewith, p epare change rders as required. Evaluate and determine the acceptabilit of substitu materials and equipment proposed by the Contractor. Substitutio s and c nge orders shall first be approved by the City in writing. 11. Conduct construction obse ti to determine if the work is substantially complete and a final observa ~ n with City staff to determine if the completed work is acceptable so that sultant may recommend, in writing, final payment to the Contractor and ma giv written notice to City and the Contractor that the work is acceptable, but ny su recommendation and notice will be subject to the limitations expres din ite 7, and the duties imposed under item 8. Consultant and Cit tall will pro ide a punch list for the Contractor. 12. Review and asse ble the operati g and maintenance information supplied by the manufactur s of the equipme t into a Manufacturers Operations and Maintenance anual. This task to ~nclude both hardcopy and electronic versions. 13. The Con Itant will assist City in sta up of the new facilities. The Consultant will provide p to 24 hours of employee t e and three (3) trips to the site for startup assis nce. 14. Pre are record drawings showing thos changes made during construction, b sed on the marked-up drawings and her data furnished by the Contractor to Consultant and which Consultant conside s significant. Provide the City with one paper copy (not Mylar) and an electronic c yin .pdf format of the record drawings. ADDITIONAL SERVICES The following services are not included in this Agreement: 1. Construction geotechnical services. 2. Material testing and certification services. 3. Construction staking -10- Should the City desire to retain the Consultant for performance of these services, the parties will enter into a separate agreement for such. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in ..,accordance with the schedule shown. Please see attached project III. GENERAL TERMS A. The Consultant ~ agrees to prohibit ule. I not commit any of the followyrSg employment practices and following practices in any su contracts. 1. To discharg or refuse to hire any i ividual because of their race, color, religion, sex, ational origin, disabil' ,age, marital status, gender identity, or sexual orient tion. 2. To discriminate a ainst any i dividual in terms, conditions, or privileges of employment beca a of eir race, color, religion, sex, national origin, disability, age, marit st s, gender identity, or sexual orientation. B. Should the City terminate th' greement, the Consultant shall be paid for all work and services performed u to t e time of termination. However, such sums shall not be greater than the lump m" amount listed in Section IV. The City may terminate this Agree nt upon even (7) calendar days' written notice to the Consultant. C. This Agreement all be binding up n the successors and assigns of the parties hereto, provide that no assignmen shall be without the written consent of all Parties to said greement. D. It is under ood and agreed that the ret ntion of the Consultant by the City for the purpose f the Project shall be as a independent contractor and shall be exclusi ,but the Consultant shall have the right to employ such assistance as may b required for the performance of th Project. E. It i agreed by the City that all records and es pertaining to information needed by th Consultant for the project shall be av ilable by said City upon reasonable r quest to the Consultant. The City agrees t furnish all reasonable assistance in he use of these records and files. F. ~ It is further agreed that no Party to this Agreerr~nt 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 -11- to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure the Consultant to satisfactorily perform in accordance with this Agreement sh II constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project }~ accordance with this Agreement. K. Should any sectio of this Agreement be found inv id, it is agreed that the remaining portion sh II be deemed severable from the nvalid portion and continue in full force and effect. L. Original contract drawl s shall become the prop rty of the City. The Consultant shall be allowed to kee mylar reproducible co ies for the Consultant's own filing use. M. Fees paid for securing ap royal of auth~rf~ties having jurisdiction over the Project will be paid by the City. ~" r` r N. Upon signing this agreemen , Co ultant acknowledged that Section 362.5 of the Iowa Code prohibits a City o cep or employee from having an interest in a contract with the City, and certifies th 'no employee or officer of the City, which includes members of the City Counci#'~ nd City boards and commissions, has an interest, either direct or indirect, in is a reement, that does not fall within the exceptions to said statutory provision a umer ted in Section 362.5. O. The Consultant agre sat all time material to this Agreement to have and maintain professional liabil~ insurance covering the Consultant's liability for the Consultant's ne agent acts, erro s and omissions to the City in the sum of $1,000,000. IV. COMPENSATION:~OR SERVICES The Scope of Service%descri-bed in this agreeme t shall not exceed $588,750 based on a time and materials rate sc~l`iedule attached hereto and i corporated herein, generally broken down as follows: 1. Basin An~/sis and Preliminary Design Serv ces through and including Final Design as described9 above, as well as Bidding Assista ce as described above: $509,950. 2. Construction Phase Services as described ab ve: $78,800. Consultant shall perform the following services according to the terms of this Agreement for the following fees in the event the City makes a written request for such services: 1. Permitting, design, bidding and construction of discharge piping: $10,000. 2. Design, Bidding and Construction Phase services of automatic bar screen on the pumping side: $64,000. The rate schedule included is effective January 1, 2010 through January 1, 2012. The rate schedule will be increased by 4% effective January 1, 2012 through January 1, 2013. Such -12- increase has been factored in to the not-to-exceed amounts.listed-a)zove and, therefore, will have no effect on said amounts. ~ The rate schedule included is effective January 1, 2010 through January 1, 2012. The rate schedule will be increased by 4% effective January 1, 2012 through January , 2013. V. MISCELLANEOUS A. All provisions of the A reement shall be reconciled n accordance with the generally accepted stand rds of the Engineering Profes ion. B. It is further agreed that there are no other consid rations or monies contingent upon or resulting from the execution of this reement, that it is the entire Agreement, and that no they monies or conside tions have been solicited. FOR THE CITY By: Date: ATTEST E,CO.NSU~TANT By: Date: ~~ II Approved by: a~(,uic /~i~inr~rrrn~~~~J City Attorney's Office Dat pw\forms\consag mt.frm HOWARD R. GREEN COMPANY Billing Rate Schedule Effective Janua , 2010 January 1, 2012 Professional Services Principal Senior Professional Professional Junior Professional Senior Technician Technician Senior Field Personnel Field Personnel Junior Field Personnel 1 -Person w/GPS or Robotic 2 -Person Crew w/GPS or Administrative Reimbursable Expenses 1. All materials and s~(pplies used in the pE billed at cost plus y~%. i f 2. Auto mileage ill be reimbursed per tt established the Internal Revenue S reimbursed n the basis of $0.85 per mile. =~{uip ent bbotic uipment standard mileage reimbursement rate ice. Survey vehicle mileage will be Billin Rate Range $185 to $225 $135 to $185 $110 to $160 $80 to $110 $75 to $100 $50 to $80 $100 to $150 $70 to $100 $50 to $80 $105 $155 $40 to $75 nce of work on this project will be 3. Chargesr{orsub-consultants will be billed at the invoice cost plus 15%. l 4. A rate of $6.00 will be charged per HR Green bor hour for a technology and communication fee. 5. All other direct expenses will be invoiced at cost plus 10%. W 7 ~ I Q m W ~ m W m C ~ ~ m W f ~ m W Q m W ~ ~ O m ..... ..._ ..... ...................... ..__..._._....... __._............ ...... ....... .............. ....... ......... _..._... ...... ....... ....... ....... _ ............ _... ~ ..._... .............. ...._.._. ............. ....._ _......... _.__-.___. ......... W ~ a ~ ~/ ll m W ... .. ~ C ~ ~ m `m a W aEi U m ~ m _ _ m L W ~ m Z m W m a o g ~ O m . c 'o ` m W _ _ __ ............... ...... ...... _._ ................... .__. .._- -- . ....... ... - - --- - --._.. ......... ............ ..._- - -- _.... ._....... _ ... . ...__.. _..........._._..........._... .. _. .......... _. _. __...... N O m ~ m m W N ~ ~ Q m ___. _ ....._...___.. 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Karr, 410 E. Washington St., Iowa City, IA 52240-319-356-5041 RESOLUTION NO. i i -3z RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; WHEREAS, Iowa Code § 364.136 authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges, sidewalk repair charges and stop box repair charges as stated in Exhibit A are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on March 7, 2011. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until March 7, 2011 payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. Res. No. 11-32 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this 25th day of January , 2011. ATTEST: „~ ~,y r City C: Mayor Approved by City Attorney/s Office It was moved by Wight ~ and seconded by Bailey the Resolution be adopted, and upon roll call there was: AYES: x x _~ x x sue\Ord&Res\AbateRes. doc NAYS: ABSENT: Bailey Champion x- Dickens Hayek Mims Wilburn Wright Properties To Be Assessed -January 2011 ~] / .pJ 7 /~ Page 1 CITY OF IOWA CITY ASSESSMENT SCHEDULE OF UNPAID WEED REMOVAL, SIDEWALK REPAIR, SNOW REMOVAL, STOP BOX REPAIR, AND PROPERTY CLEANUP Property Address Legal Description Parcel Number Appraised Value Prope Owner Service(s) Rendered Date of Service(s) Cost of Service Invoice # Balance Outstandin 327 DOLEN PL 286 51 TY'N CAE ADDITION PART 2 LOT 1017379011 $239,420.00 BERRY, DANIEL L WEED REMOVAL 8/11/2010 $150.00 17602 $150.01 51 3550 VISTA PARK DR 295 9 VISTA PARK VILLAGE LOT 9 & 918231008 $239,760.00 BRENNEMAN, SANDRA M SIDEWALK REPAIR 11/1/2010 $2,052.40 17836 $2,052.40 THAT PART OF LOT 8 DESC AS TRACT "B" IN SURVEY BK 31 PG 198 1116 CARVER ST 282 4 9 TOWNCREST ADDITION PART 3 1013302011 $140,400.00 CREEKMUR, PAUL WEED REMOVAL 6/2/2010 $475.00 17172 $475.00 LOT 9 BLK 4 & S 5' LOT 8 BLK 4 OF ELIZALDE, ELISA TOWNCREST ADD PART 2 REVISED 1116 CARVER ST 282 4 9 TOWNCREST ADDITION PART 3 1013302011 $140,400.00 CREEKMUR, PAUL WEED REMOVAL 8/4/2010 $225.00 17605 $225.00 LOT 9 BLK 4 & S 5' LOT 8 BLK 4 OF ELIZALDE, ELISA TOWNCREST ADD PART 2 REVISED '.991 KEEL BOAT LOOP 383 77 SANDHILL ESTATES -PART 1023358015 $195,920:00 GRIFFIN, CHRISTOPHER A & WEED REMOVAL 7/8/2010 $185.00 17257 $185.01 TWO LOT 77 CHRISILA A :991 KEEL BOAT LOOP 383 77 SANDHILL ESTATES -PART 1023358015 $195,920.00 GRIFFIN, CHRISTOPHER A & WEED REMOVAL 8/10/2010 $262.50 17604 $262.51 TWO LOT 77 CHRISILA A 991 KEEL BOAT LOOP 383 77 SANDHILL ESTATES -PART 1023358015 $195,920.00 GRIFFIN, CHRISTOPHER A & WEED REMOVAL 9/30/2010 $185.00 17648 $185.0 TWO LOT 77 CHRISILA A 1009 E COLLEGE ST 1359 J & JW CLARK'S ADDITION THAT 1011387023 $226,780.00 KING, MITCHELL SIDEWALK REPAIR 11/2/2010 $747.70 17900 $747.70 PART OF LOT 9 DESC AS AUDITORS PARCEL #960051N SURVEY BK 36 PG 149 V43 BELDON AVE 172614 MANVILLE HEIGHTS ADDITION 1009109006 $286,230.00 NICKNISH, TOM K WEED REMOVAL 618/2010 $130.00 17182 $130.01 LOT 14 BLK 6 EXC W 5' NICKNISH, AMY D Properties To Be Assessed -January 2011 Page 2 Prope Address Legal Description Parcel Number Appraised Value Prope Owner Services Rendered Date of Service(s) Cost of Service Invoice # Balance Outstanding 56 POND VIEW CT 29458 VILLAGE GREEN SOUTH -PART 46 LOT 58 1024109004 $137,470.00 OWENS, RUSSELL D OWENS, AVA D WEED REMOVAL 6/6/2010 $150.00 17189 $150.00 1103 MUSCATINE AVE 1489 KOSER BROS SD OF FRYS ADD & 101138002 $165,160.00 ROBERTSON, GAYLE R PROPERTY CLEANUP 6/24/2010 $35.00 16961 $35.00 J & JW CLARK LOT 9 2107 F ST 082 153 EAST IOWA CITY LOT 3 BLK 15 1014193005 $123,010.00 ROBERTSON, GAYLE WEED REMOVAL 6!7/2010 $185.00 17174 $185.00 1103 MUSCATINE AVE 1489 KOSER BROS SD OF FRYS ADD & 101138002 $165,160.00 ROBERTSON, GAYLE R WEED REMOVAL 6/10/2010 $150.00 17179 $150.00 J & JW CLARK LOT 9 2107 F ST 082 153 EAST IOWA CITY LOT 3 BLK 15 1014193005 $123,010.00 ROBERTSON, GAYLE STOP BOX REPAIR 1 0/2 012 01 0 $385.00 18112 $385.00 3051 WAYNE AVE UNIT 072 DEERFIELD COMMON TOWN 1013427010 $109,200.00 SMITH, NORBERT & DENA D & STOP BOX REPAIR 7/22/2010 $1,166.00 17236 $1,166.00 32 HOUSE COMPLEX UNIT 32 BLDG 3 AARON & ADRIENNE 2514 NEVADA AVE 155 130 LAKESIDE ADDITION LOT 130 1024329011 $118,390.00 WATKINS, MICHAEL F WEED REMOVAL 9/10/2010 $175.00 17653 $175.00 1016 DIANA ST 16664 LUCAS ADDITION N 41' LOT 4 1015427009 $76,810.00 WEZEMAN, PETER JENKINS WEED REMOVAL 8/11/2010 $150.00 17601 $150.00 BLK 6 EXC THAT LAND DESC AS AUDITOR'S PARCEL #2006153 IN SURVEY BK 52 PG 115 & INCLUDING THAT PART OF S 47' LOT 4 BLK 6 DESC 834 ST ANNES DR 056 20 CONWAYS SUBDIVISION LOT 20 1003103011 $59,280.00 ESTATE OF WILFRED YEGGY WEED REMOVAL 9/23/2010 $125.00 17655 $125.00 EXC W 4' Properties To Be Assessed -January 2011 ~/ ~ Page 1 CITY OF IOWA CITY ASSESSMENT SCHEDULE OF UNPAID WEED REMOVAL, SIDEWALK REPAIR, SNOW REMOVAL, STOP BOX REPAIR, AND PROPERTY CLEANUP ~ I_ 1 ~ / Prope Address Le al Description Parcel Number Appraised Value Prope Owner Service(s) Rendered Date of Service(s) Cost of Service Ilnvoice # Balance Outstandin 841 MAGGARD ST 208 2 9 P.J. REGAN'S SECOND 1014257016 $183,510.00 BARKALOW INVESTMENTS INC SIDEWALK REPAIR 11/1/2010 $180.93 17868 $180.93 ADDITION ALL OF LOTS 9 & 10 BLK 2 1327 DOLEN PL 286 51 TY'N CAE AD N PART 2 LOT 1017379011 $239,420.00 BERRY, DANIEL L WEED REMOVAL 8/11/2010 $150.00 17602 $150.00 51 3550 VISTA PARK DR 295 9 VISTA PARK VILLAGE LOT 9 & 9182310 $239,760.00 BRENNEMAN, SANDRA M SIDEWALK REPAIR 11I1I2010 $2,052.40 17836 $2,052.40 THAT PART OF LOT 8 DESC AS TRACT "B" IN SURVEY BK 31 PG 198 1116 CARVER ST 282 4 9 TOWNCREST ADDITION PART 3 1013302011 $140,400.00 CREEK P WEED REMOVAL 6/2/2010 $475.00 17172 $475.00 LOT 9 BLK 4 & S 5' LOT 8 BLK 4 OF ELIZALDE TOWNCREST ADD PART 2 REVISED 1116 CARVER ST 282 4 9 TOWNCREST ADDITION PART 3 1013302011 40,400.00 CREEKMUR, PAUL WEE MOVAL 8/4/2010 $225.00 17605 $225.00 LOT 9 BLK 4 & S 5' LOT 8 BLK 4 OF ELIZALDE, ELISA TOWNCREST ADD PART 2 REVISED ~ ~ 2991 KEEL BOAT LOOP 383 77 SANDHILL ESTATES -PART 1023358015 $195,920.00 GRIFFIN, CHRISTOPHER A & WEED REMOVAL 7 10 $185.00 17257 $185.00 TWO LOT 77 CHRISILA A ~ ~ 2991 KEEL BOAT LOOP 383 77 SAN ILL ESTATES -PART 1023358015 $195,920.00 GRIFFIN, CHRISTOPHER A & WEED REMOVAL 8/10/2010 $262.50 04 $262.50 TWO LO 7 CHRISILA A 2991 KEEL BOAT LOOP 383 77 SANDHILL ESTATES -PART 1023358015 $195,920.00 GRIFFIN, CHRISTOPHER A 8 WEED REMOVAL 9/30/2010 $185.00 17648 $185.00 TWO LOT 77 CHRISILA A Properties To Be Assessed -January 2011 Page 2 Prope Address Le al Description Parcel Number Appraised Value Prope Owner Service(s) Rendered Date of Service(s) Cost of Service Invoice # Balance Outstandin 1301 E COLLEGE ST 053 6 3 CLARK & BORLANDS ADDITION N 120' OF W 50' LOT 3 BLK 6 1011385001 $175,930.00 HALL, THOMASIN SIDEWALK REPAIR 11/1/2010 $173.50 17837 $173.50 1009 E COLLEGE ST 1359 J & J LARK'S ADDITION THAT 1011387023 $226,780.00 KING, MITCHELL SIDEWALK REPAIR 11/2/2010 $747.70 17900 $747.70 PART OF lOT SC AS AUDITORS PARCEL #96005 IN VEY BK 36 PG 149 620 S SUMMIT ST 2663 SUMMIT HILL ADD, SUBD LOTS 5 1014235004 $492,040.00 MACFARLANE, DONALD E SIDEWALK REPAIR 11/1/2010 $104.20 17890 $104.20 & 6, BLK 3 S 1/2 OF LOT 2, LOT 3 & S 50' MACFARLANE, NANCY B OF LOT 4 BLK 3 343 BELDON AVE 172614 MANVILLE HEIGHTS ADDITION 1009109006 86,230.00 NICKNISH, TOM K WEED REMOVAL 6/8/ $130.00 17182 $130.00 LOT 14 BLK 6 EXC W 5' NICKNISH, AMY D 56 POND VIEW CT 29458 VILLAGE GREEN SOUTH -PART 1024109004 $137,470.00 0 S, RUSSELL D WEED REMOVAL 6/6/2010 $150.00 17189 $150.00 4B LOT 58 OWE AVA D 11103 12107 F ST 189 KOSER BROS SD OF FRYS ADD & 101138002 $165,160. ROBERTSON, GAYLE R P & JW CLARK LOT 9 32 153 EAST IOWA CITY LOT 3 BLK 15 1014193005 $123,010.00 ROBERTSON, GAYLE V DR 6/7/2010 $35.001 16961 171741 $185.001 1103 MUSCATINE AVE 1489 KOSER BR SD OF FRYS ADD & 101138002 $165,160.00 ROBERTSON, GAYLE R WEED REMOVAL 10/2010 $150.00 17179 $150.00 J & JW CLAR OT 9 IOWA CITY LOT 3 BLK 15 1014193005 $123,010.00 ROBERTSON, GAYLE STOP BOX REPAIR ~ 10/20/2010 ~85.OOI 181121 $385.001 Properties To Be Assessed -January 2011 Page 3 Prope Address Le al Descri lion Parcel Number A raised Value Pro a Owner Services Rendered Date of Service(s) Cost of Service Invoice # Balance Outstandin 3051 WAYNE AVE UNIT 32 072 DEERFIELD COMMON TOWN HOUSE COMPLEX UNIT 32 BLDG 3 1013427010 $109,200.00 SMITH, NORBERT & DENA D & AARON & ADRIENNE STOP BOX REPAIR 7 /2 212 0 1 0 $1,166.00 17236 $1,166.00 525 S LUCAS ST 198 OAK HILL ADDITION N 30' LOT 8 & 1015104017 $151,870.00 TAMBOURINE, ARTHUR G SIDEWALK REPAIR 11/1/2010 $421.00 865 $421.00 S 10' L T 7 TAMBOURINE, MARLENE KELLER 2514 NEVADA AVE 155 130 LAKESIDE ADDI N LOT 130 1024329011 $118,390.00 WATKINS, MICHAEL F WEED REMOVAL 9 /1 012 01 0 $175.00 17653 $175.00 1016 DIANA ST 16664 LUCAS ADDITION N 41' LOT 4 15427009 $76,810.00 WEZEMAN, PETER JENKIN WEED REMOVAL 8/11/2010 $150.00 17601 $150.00 BLK 6 EXC THAT LAND DESC AS AUDITOR'S PARCEL #2006153 IN SURVEY BK 52 PG 115 & INCLUDING THAT PART OF S 47' LOT 4 BLK 6 DESC 834 ST ANNES DR 056 20 CONWAYS SUBDIVISION LOT 20 1003103011 9,280.00 E ATE OF WILFRED YEGGY (WEED REMOVAL I 9/23120101 $125.001 17655 EXC W 4' ~, ~, I r iwr ~~ -~a.as._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 January 18, 2011 (319) 356-5009 FAX tivww. icgov.org Name Address City, State, ZIP Dear Property Owner: This is to notify you that the City Council will be considering a resolution on January 25, 2011 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact my office at 356- 5043. Sincerely, Marian K. Karr City Clerk Enc. Copy to: Accounting Division-w/enc. 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