HomeMy WebLinkAbout2011-07-05 ResolutionRESOLUTION NUMBERING ERROR:
11 -218
11 -232
11 -219
11 -233
11 -220
11 -234
11 -221
11 -235
11 -222
11 -236
11 -223
11 -237
11 -224
11 -238
11 -225
11 -239
11 -226
11 -240
11 -227
11 -241
11 -228
11 -242
11 -229
11 -243
11 -230
11 -244
11 -231
11 -245
Duplicate numbers were issued to the above resolutions. Please
verify content of the resolution as there WILL be two documents with
the same number.
=(1�2)
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043
RESOLUTION NO. 11 -218
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made application and paid the mulct
tax required by law for the sale of cigarettes,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue
a permit to the following named persons and firms to sell cigarettes:
The Deadwood — 6 S. Dubuque Street
Passed and approved this 5th day of Jul
ATTEST: . ls�r�
CI 1'Y CLERK
/
MAYOR
20 11
Approved by
A .%I ., ,`Co��ti�2Y1�
City Attorney's Office
It was moved by Champion and seconded by Mims the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Bailey
X
Champion
X
Dickens
X
Hayek
X
Mims
X
Wilburn
X
Wright
3C(13)
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043
RESOLUTION NO. 11 -219
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing
Permit as provided by law is hereby granted to the following named person and at the
following described locations upon his /her filing an application, having endorsed thereon
the certificates of the proper city officials as to having complied with all regulations and
ordinances, having a valid beer, liquor, or wine license /permit, to wit:
Fraternal Order of Eagles #695 - 225 Highway 1 West
Passed and approved this 5 th day of July , 20 11
c
MAYOR
Approved by
ATTEST:Lte'se -w 1� rA Ike s�
UTY CLERK City Attorney's Office
It was moved by champion and seconded by Mims the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x_
Bailey
x
Champion
x
Dickens
x_
Hayek
x
Mims
Wilburn
X
X_
Wright
3d(3)
ij
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 11 -220
RESOLUTION SETTING PUBLIC HEARING FOR JULY 12, 2011, ON A
PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 826
DAVENPORT 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 826
Davenport Street, Iowa City; and
WHEREAS, the City has received an offer to purchase 826 Davenport Street for the principal
sum of $136,000 (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
826 Davenport Street, Iowa City, Iowa, also known as the East half of Lot 7 in Block 8, in
Iowa City, for the sum of $136,000, plus the "carrying costs ".
Resolution No. 11 -220
Page 2
2. A public hearing on said proposal should be and is hereby set for July 12, 2011, at 5:00
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 Mims the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x_ Bailey
_x Champion
x Dickens
x Hayek
x Mims
x Wilburn
x Wright
Passed and approved this 5th day of .rule '2011.
MAYOR
ATTEST: e��d-
CITY"CLERK
Approved by
City Attorney's Office
x'49
3e(1)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 11-221
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 408 FAIRCHILD STREET, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the
owner of the property on June 10, 2011, recorded on June 15, 2011, in Book 4763, Page
889 through Page 895, in the Johnson County Recorder's Office covering the following
described real estate:
Commencing at a point 58 feet east of the southwest corner of Lot 5 in Block 50 in Iowa City, Iowa,
according to the plat thereof recorded in Book 1, Page 116, Plat Records of Johnson County, Iowa;
thence north on a parallel line 60 feet; thence east on a parallel line 42 feet; thence south on a parallel
line 60 feet; thence west along the north side of Fairchild Street on a parallel line 42 feet to the place of
beginning;
AND
Commencing at a point 55 feet north and 55 feet east of the southwest corner of Lot 5 in Block 50 in
Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 116, Plat Records of Johnson
County, Iowa; thence north 10 feet on a line parallel with the west line of said Lot 5; thence east 45 feet
on a line parallel with the south line of Lots 5 and 6 in said Block 50; thence south 5 feet on a line
parallel with the west line of said Lot 5; thence west 42 feet on a line parallel with the south line of said
Lots 5 and 6; thence south 5 feet on a line parallel with the west line of said Lot 5; thence west 3 feet to
the place of beginning; all subject to easements and restrictions of record;
WHEREAS, MidWestOne Bank has executed a mortgage to the owner of the property
located at 408 Fairchild Street and is securing the loan with a mortgage covering the real
estate described above; and
WHEREAS, MidWestOne Bank has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of said
mortgage with MidWestOne Bank; and
WHEREAS, the subordination will replace the City's current position, and placing it in
second position and inferior to the owner's primary lender.
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
subordination agreement between the City of ?owa City and MidWestOne Bank, Iowa
City, Iowa.
Resolution No. 11 -221
Page 2
Passed and approved this 5th day of July 201] --
MAYOR
Approved by
(r ATTEST: '� 1
CITY LERK City Attorney's Office
It was moved by champion and seconded by Mims the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Dickens
_x_ Hayek
x Mims
Wilburn
x Wright
x
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
MidWestOne Bank of Iowa City, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the
amount of $49,998, and was executed by Madison E. Bell, a single person (herein the Owner),
dated June 10. 2011, recorded June 15. 2011, in Book 4763, Page 889 through Page 895,
Johnson County Recorder's Office, covering the following described real property:
Commencing at a point 58 feet east of the southwest corner of Lot 5 in Block 50 in Iowa City, Iowa,
according to the plat thereof recorded in Book 1, Page 116, Plat Records of Johnson County, Iowa;
thence north on a parallel line 60 feet; thence east on a parallel line 42 feet; thence south on a parallel
line 60 feet; thence west along the north side of Fairchild Street on a parallel line 42 feet to the place of
beginning;
AND
Commencing at a point 55 feet north and 55 feet east of the southwest corner of Lot 5 in Block 50 in
Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 116, Plat Records of Johnson
County, Iowa; thence north 10 feet on a line parallel with the west line of said Lot 5; thence east 45 feet
on a line parallel with the south line of Lots 5 and 6 in said Block 50; thence south 5 feet on a line
parallel with the west line of said Lot 5; thence west 42 feet on a line parallel with the south line of said
Lots 5 and 6; thence south 5 feet on a line parallel with the west line of said Lot 5; thence west 3 feet to
the place of beginning; all subject to easements and restrictions of record;
WHEREAS, the Financial Institution proposes to loan the sum of $148,900 on a promissory note to
be executed by the Financial Institution and the Owner, securing a mortgage covering the real
property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage
held by the City be subordinated to the lien of the mortgage made by the Financial Institution.
NOW; THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
1. Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted Mortgage held by the City is and shall continue to be subject and
subordinate to the lien of the mortgage about to be made by the Financial Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Mortgage of the City.
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this % 3 day of
` CORPORATE i
y SEAL
O• •''•.....••''�Q ``�.
''� ; "q CITY, \0��e�
X11111%
, 20 H_ , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared - -c OW^ _ to me
personally known, who being by me duly sworn, did say that he /she is the ,(-
of �'I:rh 1t!�siC��r� R�-,�r that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that said ?e'qj c c7e ; acknowledged
the execution of said instrument to be the voluntary act and deed of said corporation, by it and by
him /her voluntarily executed.
Notary ; id"h and for the State of Iowa
My Commission expires: 10 1 3 1 i
�PR�AL S
RYAN J FREEMAN
Commission Number 743747
zoo
�GWP
My Commission Expires
L1 ) z
Notary ; id"h and for the State of Iowa
My Commission expires: 10 1 3 1 i
Q
Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this S r' 1 of uL , 20
CITY OF IOWA CITY
By A—
Mayor
Attest:
l `2c e.
City Jerk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
FINANCIAL INSTITUTION
By P0,4�
On this 5 )12- day of , 20 /► , before me, the undersigned, a Notary
Public in and for the State of GWa, personally appeared Mr.- Ae-w J. /Jawv-'k and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in {woe)
(Resolution) No. //— aat passed (the Resolution adopted) by the City Council, under Roll Call
No. of the City Council on the 5'L -- day of --d ,z 120 /i , and
that e �° and Marian K. Karr ackno ledged the execution of the
instrument to be their volui tary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
E*J sO MRAE FORT
commission Number 159791
My Com ission Expires Notary Public in and for the State of Iowa
3 �a02-
Prepared by: Kris Ackerson, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5247
RESOLUTION NO. 11-222
RESOLUTION AUTHORIZING APPLICATIONS FOR FUNDING ASSISTANCE FROM THE
IOWA DEPARTMENT OF TRANSPORTATION (IDOT) FOR DEVELOPMENT OF A
RECREATION TRAIL AND BRIDGE ACROSS THE IOWA RIVER FROM ROCKY SHORE
DRIVE TO PENINSULA PARK
WHEREAS, a trail and bridge across the Iowa River from Rocky Shore Drive to Peninsula Park
would increase access to multiple recreation activities and enhance the quality of life of
residents and visitors of Iowa City; and
WHEREAS, the City desires to apply for up to $1.6 million in funding assistance through the State
Recreation Trails Program, the Federal Recreational Trails Program, and the Statewide
Transportation Enhancements Program to finance the cost of such proposed trail and bridge
development and construction; and
WHEREAS, the State Recreation Trails Program requires the City to commit to paying 25% of
total project costs, and the Federal Recreation Trails Program requires the City to commit to
paying 20% of the total project cost and the Statewide Transportation Enhancements Program
requires the City commit to paying 30% of the total project cost; and
WHEREAS, the City of Iowa City considers it in the best public interest to complete trail
development projects described in the application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Staff is authorized to submit an application and any additional documentation to the
Iowa Department of Transportation for funding assistance through the State and
Federal Recreational Trails programs and the Statewide Transportation
Enhancement Program; and
2. The City Manager is authorized to sign the grant application forms; and
3. Any funding assistance received shall be used for implementation of the project
referenced above in accordance with the grant guidelines and requirements; and
4. Any property acquired or facility developed with said financial aid programs will be
placed in use as an outdoor recreation facility and retained in such use for at least
twenty years unless otherwise provided and agreed to by the City of Iowa City and
IDOT; and
5. This resolution will be included with formal applications to IDOT.
Resolution No. 11 -222
Page 2
Passed and approved this 5th day of July '20 11
ATTEST:2zd-€ �) e • 1�
CITYCLERK
MAYOR
w = .
City _
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
NAYS:
C:\Users\kackerson\AppData\Local\Microsoft\Windows\Temporary
Resolution.doc
ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
Internet Files \Content.0utlook \WBYMVTY1 \City
Council
r I CITY OF IOWA CITY
3e(2)
MEMORANDUM
Date: June 27, 2011
To: City Manager
From: Kristopher Ackerson, Assistant Transportation Planner
Re: Trail grant applications
The enclosed resolutions are required attachments for three Iowa DOT trail grant programs.
Specifically, the resolutions authorize staff to submit the necessary materials, as well as commit
the City to maintain the trails for twenty years should the project(s) receive funding and to fund
the pledged local match.
The resolutions authorize staff to submit up to nine grant applications — three projects to three
funding opportunities. The amount of local match varies by the costs of the three projects and
the percentages of local funding required by each grant program (see resolutions).
The three trail projects the City is seeking grant funds to complete include the following
segments of the Iowa River Corridor Trail:
• Rocky Shore Drive to Peninsula Park — this connection will finally allow residents of
Manville Heights and the west university campus to easily access the dog park, disc golf
course, and trails at Peninsula Park.
• Interstate 80 to Peninsula Park —this wooded bluff overlooks the Iowa River and offers
unparalleled access to wetland and riparian habitat.
• Benton Street to Sturgis Ferry Park — this connection will finally provide bicycle and
pedestrian access from residential neighborhoods south of Highway 6 to the commercial
corridor, downtown, and University of Iowa campus.
If you have any questions, Mike Moran is available at 356 -5104 and I can be reached at 356-
5247 or kristoper- ackersonCaD-iowa- city.orq.
3e(3)
Prepared by: Kris Ackerson, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5247
RESOLUTION NO. 11-991
RESOLUTION AUTHORIZING APPLICATIONS FOR FUNDING ASSISTANCE FROM THE
IOWA DEPARTMENT OF TRANSPORTATION (IDOT) FOR DEVELOPMENT OF THE IOWA
RIVER CORRIDOR TRAIL ALONG THE IOWA RIVER FROM INTERSTATE 80 TO PENINSULA
PARK
WHEREAS, an extension of the Iowa River Corridor Trail from Interstate 80 to Peninsula Park
on the east side of the river would increase access to multiple recreation activities and enhance
the quality of life of residents and visitors of Iowa City; and
WHEREAS, the City desires to apply for up to $750,000 in funding assistance through the State
Recreation Trails Program, the Federal Recreational Trails Program, and the Statewide
Transportation Enhancements Program to finance the cost of said trail development and
construction; and
WHEREAS, the State Recreation Trails Program requires the City to commit to paying 25% of
total project cost, and the Federal Recreation Trails Program requires the City to commit to paying
20% of the total project cost and the Statewide Transportation Enhancements Program requires
the City commit to paying 30% of the total project cost; and
WHEREAS, the City of Iowa City considers it in the best public interest to complete trail
development projects described in the application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
Staff is authorized to submit an application and any additional documentation to the
Iowa Department of Transportation for funding assistance through the State and
Federal Recreational Trails programs and the Statewide Transportation
Enhancement Program; and
2. The City Manager is authorized to sign the grant application forms; and
3. Any funding assistance received shall be used for implementation of the project
referenced above in accordance with the grant guidelines and requirements; and
4. Any property acquired or facility developed with said financial aid programs will be
placed in use as an outdoor recreation facility and retained in such use for at least
twenty years unless otherwise provided and agreed to by the City of Iowa City and
IDOT; and
5. This resolution will be included with formal applications to IDOT.
Resolution No. 11-221
Page 2
Passed and approved this 5th day of July , 20 i 1
ATTEST: /Z�) k - � 4,)
CITY CLERK
MAYOR
Ap roved': bye -22
k�.
'Off-
City Atto e Ic
� 3
�..... y y e
It was moved by Champion and seconded by
adopted, and upon roll call there were:
Mims the Resolution be
AYES: NAYS: ABSENT:
X Bailey
x Champion
x Dickens
x Hayek
Mims
x Wilburn
x Wright
S:\JCCOG \TRANS \Bike and Ped Planning \Grant Applications\Waterworks to Peninsula Park\Waterworks - Council Resolution.doc
M49
3e(4)
Prepared by: Kris Ackerson, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5247
RESOLUTION NO. 11 -224
RESOLUTION AUTHORIZING APPLICATIONS FOR FUNDING ASSISTANCE FROM THE
IOWA DEPARTMENT OF TRANSPORTATION (IDOT) FOR DEVELOPMENT OF THE IOWA
RIVER CORRIDOR TRAIL ALONG THE IOWA RIVER FROM BENTON STREET TO STURGIS
FERRY PARK
WHEREAS, an extension of the Iowa River Corridor Trail from Benton Street under Highway 6
to Sturgis Ferry Park on the west side of the river would increase access to multiple recreation
activities and enhance the quality of life of residents and visitors of Iowa City; and
WHEREAS, the City desires to apply for up to $750,000 in funding assistance through the State
Recreation Trails Program, the Federal Recreational Trails Program, and the Statewide
Transportation Enhancements Program to finance the cost of said trail development and
construction; and
WHEREAS, the State Recreation Trails Program requires the City to commit to paying 25% of
total project costs, and the Federal Recreation Trails Program requires the City to commit to
paying 20% of the total project cost and the Statewide Transportation Enhancements Program
requires the City to commit to paying 30% of the total project cost; and
WHEREAS, the City of Iowa City considers it in the best public interest to complete trail
development projects described in the application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Staff is authorized to submit an application and any additional documentation to the
Iowa Department of Transportation for funding assistance through the State and
Federal Recreational Trails programs and the Statewide Transportation
Enhancement Program; and
2. The City Manager is authorized to sign the grant application forms; and
3. Any funding assistance received shall be used for implementation of the project
referenced above in accordance with the grant guidelines and requirements; and
4. Any property acquired or facility developed with said financial aid programs will be
placed in use as an outdoor recreation facility and retained in such use for at least
twenty years unless otherwise provided and agreed to by the City of Iowa City and
IDOT; and
5. This resolution will be included with formal applications to IDOT.
Resolution No. 11 -224
Page 2
Passed and approved this 5th day of July 120 11 .
ATTEST: /� Z,4-' �%C
CITY- -CLERK
/A� �4
MAYOR
Ap ved by
City Atto ney ff c
It was moved by Champion and seconded by Mims the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
X Dickens
x— Hayek
x_ Mims
x Wilburn
x Wright
S: \JCCOG \TRANS \Bike and Ped Planning \Grant Applications \Benton to Sturgis Ferry Park - 2010 Stimulus II \Benton St. Council
Resolution.doc
M41
Prepared by: Dale Helling, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5013
RESOLUTION NO. 11 -925
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST APPROVAL OF
MEDIACOM COMMUNICATIONS CORPORATION'S
2011 UPDATING OF RATES FOR BASIC CABLE SERVICES
WHEREAS, pursuant to the public law and the regulations of the Federal Communications
Commission (FCC), the City of Iowa City, Iowa (City) retains regulatory authority over basic
cable television services provided by Mediacom Communications Corporation [d /b /a MCC Iowa,
LLC] (Mediacom) in the authorized franchise area encompassing the City; and
WHEREAS, by cover letter dated April 29, 2011 Mediacom proposed changes to its rates for
basic cable programming, equipment installations and equipment rentals to be effective August
1, 2011 and enclosed an FCC Form 1240 dated April 29, 2011 supporting a requested rate of
$14.04 per subscriber per month [inclusive of FCC regulatory fees] for cable programming
services, and also an FCC Form 1205 dated April 29, 2011 in support of its proposed rates for
cable equipment installations and rentals; and,
WHEREAS, in the exercise of its regulatory authority, the City has reviewed these filings; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
(1) The FCC Form 1240 filed with the City on April 29, 2011 is accepted and the
Maximum Permitted Rate of $15.94 per subscriber per month determined
thereby for basic tier cable programming service to be effective for period of
August 1, 2011 through July 31, 2012 is approved. Mediacom shall utilize the
Maximum Permitted Rate and its components of this FCC Form 1240 when
performing the true -up calculation on its next FCC Form 1240.
(2) A rate of $14.04 per subscriber per month [inclusive of FCC regulatory charges]
for basic tier cable programming service is approved to become effective as
requested on billings rendered after August 1, 2011. This rate will be
represented on subscribers' bills in the two components of $13.95 for
programming service and $0.09 for the FCC regulatory charge.
(3) The FCC Form 1205 filed with the City on April 29, 2011 is accepted and the
Maximum Permitted Rates determined thereby for basic service equipment
rentals and installations to be effective for period of August 1, 2011 through July
31, 2012 are approved.
;7 .'
Resolution No. 11 -225
Page 2
(4) The rates proposed for basic service equipment rentals and installations filed
with the City on April 29, 2011 are approved to become effective as requested on
billings rendered after August 1, 2011.
Passed and approved this 5th day of Jules , 2011.
MAYOR
ATTEST: �'-/
CITY LERK
Ap =kJUD
City Attorney's Office
It was moved by champion . and seconded by Mims the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
x_ Champion
x Dickens
x Hayek
Mimms
X
Wilburn
X
x Wright
CITY OF IOWA CITY 3e(5)
-�
MEMORANDUM
Date: June 27, 2011
To: Tom Markus, City Manager
From: Bob Hardy, Cable Television Administrator
Re: Subject - Council Approval of Mediacom rate review for July 5 meeting
Introduction: This is a resolution to approve the Maximum Permitted Rates to be charged in
Iowa City by Mediacom for basic cable television service, equipment rentals, and installations as
determined by the standard FCC forms 1240 and 1205 for the period of August 1, 2011 through
July 31, 2012.
History: On April 29, 2011 Mediacom filed with the City for review FCC Form 1240 to set
cable television rates for the basic tier and FCC Form 1205 for equipment rental and service fees
for the period from August 1, 2011 to July 30, 2012. After the City had reviewed the filings, the
City and Mediacom resolved errors. Mediacom subsequently filed an amended form, and all
parties agree that the correct process has been followed and the reported rates are correct.
Two rates are presented determined by the cable company, the "maximum permitted rate" which
is the largest amount that can be charged each customer and the "operator selected rate" which is
the amount that the cable company intends to charge the customer. For this period, the
maximum permitted rate was calculated to be $15.9414, up from $14.2168 calculated for last
year. The increase is due primarily to increased fees Mediacom pays to broadcasters to carry
their channels. Mediacom established their operator selected rate for cable service at $14.04,
inclusive of FCC fees.
Mediacom's FCC Form 1205, setting installation and equipment rental charges, was found
correct. Mediacom's operator selected rates for installation and equipment rentals is generally
well below the maximum permitted rate.
Recommendation: Staff recommends that Council approve the resolution.
3�
Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5138
Resolution No. 11 -226
RESOLUTION AUTHORIZING THE MAYOR TO SIGN N IOWA DEPARTMENT OF
TRANSPORTATION AGREEMENT FOR MAINTENANCE AND REPAIR OF PRIMARY
ROADS IN MUNICIPALITIES
WHEREAS, City of Iowa City, Iowa has negotiated an agreement for maintenance and repair of primary
roads within the corporate limits with the Iowa Department of Transportation; and
WHEREAS, this agreement outlines the responsibilities for maintenance and repair of the primary roads
within the corporate limits of the City during the period of July 1, 2011 through July 1, 2016; and
WHEREAS, the City Council deems it in the public interest to enter into the agreement with the Iowa
Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT:
1. It is in the public interest to enter into the above mentioned agreement, and the agreement is
hereby approved as to form and content.
2. The Mayor is authorized to sign the agreement between the City of Iowa City and the Iowa
Department of Transportation.
3. The Public Works Director is authorized to sign any supplements to this agreement.
Passed and approved this 5th day of July 120 11
S4
MAYOR
Approved by
ATTEST:° �LL�
CITY-CLERK City Attorney's Office It
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
Pweng /res /pd maryroads.doc
NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
Form 810034wd
03 -06
Iowa Department of Transportation
\� Agreement for Maintenance and Repair of
Primary Roads in Municipalities
This Agreement made and entered into by and between the Municipality of Iowa City , Johnson
County, Iowa, hereinafter referred to as the Municipality, and the Iowa Department of Transportation, Ames, Iowa,
hereinafter referred to as the Department.
AGREEMENT:
In accord with Provisions of Chapter 28E, Sections 306.3, 306.4, 313.4, 313.5, 313.21 -.23, 313.27, 313.36, 314.5,
321.348 and 384.76 of the Code of Iowa and the Iowa Administrative Rules 761 — Chapter 150 (IAC) the Municipality and
Department enter into the following agreement regarding maintenance, repair and minor reconstruction of the primary
roads within the boundaries of the Municipality.
I. The Department shall maintain and repair:
A. Freeways (functionally classified and constructed)
1. Maintain highway features including ramps and repairs to bridges.
2. Provide bridge inspection.
3. Highway lighting. Responsibility for energy and maintenance costs for US 218 lighting at the IA 1 and
Melrose Avenue interchanges will be accord in Iowa D.O.T. Agreement No. 84 -14 -088.
B. Primary Highways — Urban Cross - Section (Curbed) (See Sec. ILA)
1. Pavement: Maintain and repair pavement and subgrade from face of curb to face of curb (excluding
parking lanes, drainage structures, intakes, manholes, public or private utilities, sanitary sewers and
storm sewers).
2. Traffic Services: Provide primary road signing for moving traffic, pavement marking for traffic lanes,
guardrail, and stop signs at intersecting streets.
3. Drainage: Maintain surface drainage within the limits of pavement maintenance described in I.B.1 above.
4. Snow Removal: Plow traffic lanes of pavement and bridges and treat pursuant to the Department's policy.
5. Vehicular Bridges: Structural maintenance and painting as necessary.
Provide bridge inspection.
C. Primary Highways — Rural Cross - Section (uncurbed)(See 11.13)
Maintain, to Department standards for rural roads, excluding tree removal, sidewalks, and repairs due to
utility construction and maintenance.
D. City Streets Crossing Freeway Rights of Way (See II.C)
1. Roadsides within the limits of the freeway fence.
Surface drainage of right of way.
3. Traffic signs and pavement markings required for freeway operation.
4. Guardrail at piers and bridge approaches.
5. Bridges including deck repair, structural repair, berm slope protection and painting.
6. Pavement expansion relief joints and leveling of bridge approach panels.
II. The Municipality shall maintain and repair:
A. Primary Highways — Urban Cross - Section (curbed)(See Sec. I.B)
1. Pavement: Maintain and repair pavement in parking lanes, intersections beyond the limits of state
pavement maintenance; curbs used to contain drainage; and repairs to all pavement due to utility
construction, maintenance and repair.
2. Traffic Services: Paint parking stalls, stop lines and crosswalks. Maintain, repair and provide energy to
traffic signals and street lighting.
3. Drainage: Maintain storm sewers, manholes, intakes, catch basins and culverts used for collection and
disposal of surface drainage.
4. Snow and ice removal: Remove snow windrowed by state plowing operations, remove snow and ice from
all areas outside the traffic lanes and load or haul snow which the Municipality considers necessary.
Remove snow and ice from sidewalks on bridges used for pedestrian traffic.
5. Maintain sidewalks and all areas between curb and right of way line.
6. Clean, sweep and wash streets when considered necessary by the Municipality.
7. Maintain and repair pedestrian overpasses and underpasses including snow removal, painting and
structural repairs. Maintenance and repair of pedestrian overpasses at Iowa Avenue and Burlington
Street should be in accordance with MOU 2003 -16 -071.
B. Primary Highways — Rural Cross - Section (uncurbed)(See Sec. I.C)
Maintain and repair highway facilities due to utility construction and maintenance.
2. Remove trees.
Maintain sidewalks.
C. City Streets Crossing Freeway Rights of Way (See I.D)
1. All pavement, subgrade and shoulder maintenance except expansion relief joints and bridge approach
panel leveling.
2. Mark traffic lanes.
3. Remove snow including on bridges over freeway.
4. Clean and sweep bridge decks on streets crossing over freeway.
5. Maintain all roadside areas outside the freeway fence.
III. The Municipality further agrees:
A. That all traffic control devices placed by the Municipality on primary roads within the Municipal boundaries shall
conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways."
B. To prevent encroachment or obstruction within the right of way, the erection of any private signs on the right of
way, or on private property which may overhang the right of way and which could obstruct the view of any
portion of the road or the traffic signs or traffic control devices contrary to Section 319.10 of the Code of Iowa.
C. To comply with all current statutes and regulations pertaining to overlength and overweight vehicles using the
primary roads, and to issue special permits for overlength and overweight vehicles only with approval of the
Department.
D. To comply with the current Utility Accommodation Policy of the Department.
E. To comply with the access control policy of the Department by obtaining prior approval of the Department for
any changes to existing entrances or for the construction of new entrances.
IV. Drainage district assessments levied against the primary road within the Municipality shall be shared equally by the
Department and the Municipality.
V. Major construction initiated by the Department and all construction initiated by the Municipality shall be covered by
separate agreements.
VI. The Department and the Municipality may by a separate annual Supplemental Agreement, reallocate any of the
responsibilities covered in Section I of this agreement.
VII. This Agreement shall be in effect for a five year period from July 1, 2011 to June 30, 2016
IN WITNESS WHEREOF, The Parties hereto have set their hands, for the purposes herein expressed, on the dates
indicated below.
City of Iowa City
MUNICIPALITY IOWA DEPARTMEN F T NSPORTATION
By BY
Matthew J. Hayek Mayor istrict Engineer
Date Tu u 6. ao)i Date 7/«
City of Iowa City 3e s
- (1
MEMORANDUM
DATE: June 28, 2011
TO: Tom Markus, City Manager
FROM: Ron Knoche, City Engineer
RE: Iowa Department of Transportation Maintenance Agreement
The Iowa Department of Transportation (laDOT) has primary roads extensions within the
Iowa City corporate limits. The IaDOT and the City have joint jurisdiction over these
primary road extensions.
The Iowa Code and Administrative Rules identify the responsibilities of the IaDOT and
the City over these primary road extensions. This agreement is in accordance with the
Iowa Code and Administrative Rules regarding the maintenance, repair and minor
reconstruction of the primary roads within the corporate boundaries.
This is the standard agreement the IaDOT uses for all municipalities. There are two
items that are unique to Iowa City. The City is responsible for the lighting at the
interchanges of Highway 218 and Highway 1 and Highway 218 and Melrose Avenue.
The City, University of Iowa and the IaDOT have a separate agreement for the
pedestrian bridges over Highway 6 at Burlington Street and Iowa Avenue. These unique
items are identified in the agreement. This agreement will be in effect from July 1, 2011
until July 1, 2016. This resolution will authorize the Mayor to sign the maintenance
agreement.
The City and the IaDOT negotiate supplements to this agreement. An example of a
supplement is winter maintenance for sections of Highway 1 through Iowa City. The City
plows snow on the Burlington Street, Dodge Street and Governor Street designated as
Highway 1. Through this supplement, the IaDOT reimburses the City based on the lane
miles plowed. The resolution will authorize the Public Work Director to sign any
supplements to the maintenance agreement.
Staff recommends Council adopt the resolution to authorize the mayor to sign the
maintenance agreement and the Public Works Director to sign supplements to the
agreement.
cc: Rick Fosse, Public Works Director
r 3e(7)
Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5138
RESOLUTION NO, 1 1 -227
RESOLUTION CHANGING TIME AND DATE FOR THE RECEIPT OF BIDS FOR THE
NORTH MARKET SQUARE PARK IMPROVEMENT PROJECT AND DIRECTING CITY
CLERK TO PUBLISH THE REVISED NOTICE TO BIDDERS.
WHEREAS, Resolution No. 11 -231 approved plans, specifications, form of contract and estimate of cost
for the construction of the North Market Square Park Improvement Project, established amount of bid
security to accompany each bid, directed City Clerk to publish Notice to Bidders, and fixed time and place
for receipt of bids; and
WHEREAS, it has become necessary to change the time and date for the receipt of bids for the project;
and
WHEREAS, the Notice to Bidders has been revised to reflect the new date and time for receipt of bids;
and
WHEREAS, funds for this project are available in the North Market Square Improvement Project account
#4320.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT:
1. The City Clerk is hereby authorized and directed to publish the revised notice, not less than 4 and
not more 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.
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 2:30 PM on the 21St day of July, 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 meeting, to be held at
the Emma J. Harvat Hall, City Hall, Iowa City, Iowa at 7:00 PM on the 2nd day of August, 2011, or
at a later date and /or time as determined by the Director of Public Works or designee.
Passed and approved this 5th day of July 20 11
.4c ° _
MAYOR
ATTEST: A2�
Cl CLERK
Pwe ng /res /nma rketsq bid s. d oc
Approved by
JAU A AfV_�#4-
`City Attorney's Office , laq1lf
Resolution No. i -997
Page 2
It was moved by Champion and seconded by Mims the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
x_ Champion
x Dickens
x Hayek
x Mims
Wilburn
Wright
wpdata /glossary/resolution - ic.doc
M49
Prepared by: Michael Moran, Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5104
RESOLUTION NO. 11 -228
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COLLEGE GREEN PARK
LIGHTING REPLACEMENT 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; and
WHEREAS, funds for this project are available in the College Green Park Lighting Replacement account
#4172.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA
THAT:
1. 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 2:30 p.m. on the 28th day of July, 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 2n day of August, 2011, or
at a special meeting called for that purpose.
Passed and approved this 5th day of July 120 11
MAYOR
Ap roved
%r 1 ,
I
ATTEST: ey�� -� 7�
CITY CLERK Ci y Atto ne `s O i
Pweng /res /collegeg rparklight- appp &s.doc
6/11
7
Resolution No. 11 -228
Page 2
It was moved by Bailey and seconded by ni rkens the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
x_ Dickens
x Hayek
x Mims
K Wilburn
X Wright
wpdata /glossary/resolution - ic.doc
Iowa City Public Library :Lj
123 South Linn • Iowa City, Iowa 52240 -1820
Susan Craig, Director . Information (319) 356 -5200 • Business (319) 887 -6001 • Fax (319) 356 -5494
DATE: June 17, 2011
TO: Tom Markus, City Manager
FROM: Susan Craig, Library Director
RE: Proposed staffing changes
Introduction: Following a retirement and a promotion the library has an opportunity to reassign job
duties to meet current priorities.
History /Background: The Library has requested, without success, additional permanent staff in the
last three years of the budget cycle in order to meet a long identified priority of having a full time
webmaster position. In the last planning cycle a need for staff with professional training and experience
in writing, media and public relations was identified as a high priority as well. Public libraries are in the
information business and in today's world people want information online and through a variety of
media outlets. Our community is highly sophisticated in both its information needs and the technology
utilized to find information. The Library serves all ages and socio- economic levels. We are often told
that people do not know what services are available through the Library. Traditional reference
information that formerly was found in printed materials is now purchased through online vendors.
Cardholders have access to this information through the website. In addition, the website delivers the
library catalog, personal cardholder accounts, program schedules and descriptions, policies,
opportunities for online giving, and much more. As well as the website library information is delivered
through a variety of traditional and social media outlets.
To prepare for this change, a job description was written and evaluated by myself and Personnel
Administrator Karen Jennings, to insure appropriate placement in the AFSCME pay range.
Discussion of proposed changes /solution: Given the difficulty in funding new permanent city staff a
good solution to meet strategic priorities is to use the opportunity of a vacant position. By reclassifying a
current position, new employees are not added to the city payroll and Library needs are met. We do
lose some time that was assigned to cataloging library materials, and a difference will be apparent in
that area. We will rely more on available cataloging data and not personalize records as much as we
have in the past. With a full time webmaster and a part-time Library Public Relations Specialist we will
better meet current and future community needs. This results in an estimated cost increase of about
$2480 in FY12, that cost will be funded from the Library's temporary employee budget.
Recommendation: I am recommending that City Council approve the attached resolution amending
the AFSMCE pay plan by adding the title of Library Public Relations Specialist to Grade 11, and
amending the budgeted positions at the Library by deleting a part-time Library Assistant II, moving the
Library Webmaster from 36 to 40 hours weekly, and creating a 26 hour a week Library Public Relations
Specialist.
MJu Cr
Prepared by: Susan Craig, ICPL, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5232
RESOLUTION NO. 11 -229
RESOLUTION AMENDING THE BUDGETED POSITIONS AT THE IOWA CITY
PUBLIC LIBRARY AND THE TITLES IN THE AFSCME PAYPLAN BY DELETING A
LIBRARY ASSISTANT II, ADDING HOURS TO THE LIBRARY WEB SPECIALIST AND
CREATING A LIBRARY PUBLIC RELATIONS SPECIALIST.
WHEREAS, Resolution No. 11 -67 adopted on March 21, 2011, authorized permanent positions in the
Library for FY12 and Resolution 10 -268 establishing a classification /compensation plan for AFSCME
employees was adopted on May 10, 2010; and
WHEREAS, a job vacancy has provided an opportunity to evaluate job duties; and
WHEREAS, it has been a long term goal of the Library to have a full -time webmaster position and to have
a staff member who will insure the community is well informed regarding library services and programs
through a variety of media, online and printed materials; and
WHEREAS, these changes will improve services to the citizens of Iowa City; and
WHEREAS, funds are available within the Library's budget for these changes.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA
THAT:
Effective July 10, 2011 the classification /compensation plan for AFSCME employees be amended to
include Library Public Relations Specialist in pay grade 11, and
Effective July 10, 2011 the budgeted positions at the Iowa City Public Library be amended by:
1. The deletion of one part -time (30 hours) Library Assistant II, AFSCME pay grade 7.
2. The addition of one -tenth time (4 hours) to Library Web Specialist, AFSCME pay grade 11.
3. The addition of one part -time (26 hours) position of Library Public Relations Specialist, AFSCME
pay grade 11.
Passed and approved this 5th day of July , 2011
ATTEST: y
CIT CLERK
Ibrary/res /prspecialist. doc
�.► -_SCI
MAYOR
Approved by
City Attorney's Office
Resolution No. 11-229
Page 2
It was moved by Champion and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Dickens
Hayek
Mims
Wilburn
X Wright
wpdata /glossary/resol ution -ic. doc
r
.-4 CITY OF IOWA CITY 10
'-� MEMORANDU �
Date: June 29, 2011
To: Thomas Markus, City Manager
From: Robert Miklo, Senior Planner
Re: Downtown and Riverfront Crossings Contract
Introduction: Staff is proposing to enter into a contract with HDR Engineering to provide
consulting services for the preparation of the Downtown and Riverfront Crossings elements of
the Comprehensive Plan. The attached resolution approves the contract.
History/Background: Physical plans for Downtown and Riverfront Crossings will be central
elements of the Comprehensive Plan and will provide a vision, policy direction and
implementation tools for both public and private investment. The plans will address a number
of issues already identified by the community as discussed at the May 2nd City Council work
session, as well as policy and design issues that may be identified during the planning process.
In addition to a physical plan the project will result in a form -based zoning code to implement the
Riverfront Crossings Plan and a housing and office market assessment that will identify the
types and character of development that appear to be feasible in the two districts within the next
five years.
Discussion: The cost of the consulting services is $116,405 for the planning process and
documents and $48,035 for a form -based code for Riverfront Crossings (total of $164,440). This
project will be partially funded by a $50,000 State CDBG Smart Planning Grant. We propose to
use $28,000 budgeted for consulting services for FY11 and $29,000 budgeted for consulting
services for FY12 (account # 432060). The remaining $57,440 would be from funds budgeted
for Riverfront Crossings Capital Improvements (account # 4513). We plan to begin the project
in July and complete it in January 2012.
In addition to HDR's proposal the City received proposals from two other urban design
consulting firms. One proposal was for $180,000 ($15,560 more than HDR's proposal), but did
not offer any services or products above HDR's. The third proposal would cost $88,250.
Although less than HDR's proposal, it did not include a market assessment (a $30,000 expense
within HDR's proposal) or a form -based zoning code. In staff's opinion the market
assessment is an essential component necessary to identify the realistic development potential
on which to base the plan. The form -based code will allow us to begin to implement the plan
immediately after adoption. We have received inquiries from property owners who are exploring
the potential for mixed use projects in the Riverfront Crossings District. A form -based zoning
code would expedite development.
We previously worked with HDR on the preparation of the plan for the first phase of Riverfront
Crossings. The work was completed in a timely manner and was of high quality. Based on their
work in other communities HDR identified solutions to transportation, environmental and urban
designs issues that were presented during the planning process. The resulting plan was well
received by businesses and property owners in the Riverfront Crossings District, as well as
citizens who attended the public presentation.
June 29, 2011
Page 2
Recommendation: Based on the timeliness and quality of HDR's previous work and the
responsiveness of their proposal for the Downtown and Riverfront Crossings elements of the
Comprehensive Plan, staff recommends approval of the agreement.
Cc. Jeff Davidson, Director of Planning and Community Development
mj
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5240
RESOLUTION NO. 11 -230
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 HDR ENGINEERING INC. TO PROVIDE CONSULTANT SERVICES FOR
THE DOWNTOWN AND RIVERFRONT CROSSINGS ELEMENTS OF THE
COMPREHENSIVE PLAN.
WHEREAS, the City is in the process of updating the Comprehensive Plan to provide a vision and
policies for the preservation, improvement and future physical and economic growth of the
community; and
WHEREAS, Downtown and Riverfront Crossings are central districts of the city for which detailed
plans and policies are needed; and
WHEREAS, the City desires the services of an urban design and community development
consulting firm to prepare the Downtown and Riverfront Crossings elements of the
Comprehensive Plan; and
WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with
HDR Engineering, Inc. to provide said services; and
WHEREAS, funds for the project are available through a CDBG Smart Growth Grant and monies
budget for planning consulting services (account # 432060 FY11 and FY12) and Riverfront
Crossings Capital Improvements (account #4513).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The Consultant's Agreement attached hereto is in the public interest and is approved as to
form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant's Agreement.
Passed and approved this _5_ day of july , 20v.
MAYOR
ATTEST:•
CIT LERK
s \pcd \hdr- resolution.doc
Ap roved by
U-
Ci`tV Attorney's Office(,/;
Resolution No. 11-230
Page 2
It was moved by Bailey and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
X
wpdata/g I ossa ry/resol ution -ic. doc
NAYS:
ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this /QY' day of JA Z° 0
by and between the City of Iowa City, a municipal corporation, hereinafter
referred to as the City and HDR Engineering, Inc., of Omaha, NE, hereinafter referred to as the
Consultant.
WHEREAS, the City is in the process of updating the Comprehensive Plan to provide a vision and
policies for the preservation, improvement and future physical and economic growth of the
community; and
WHEREAS, Downtown and Riverfront Crossings are central districts of the city for which detailed
plans and policies are needed; and
WHEREAS, the City desires the services of an urban design and community development
consulting firm to prepare the Downtown and Riverfront Crossings elements of the
Comprehensive Plan; and
WHEREAS, HDR Engineering, Inc. submitted a proposal to prepare plans for the Downtown and
Riverfront Crossings; and
WHEREAS, Based on the responsiveness of their proposal and the quality of their previous work
staff recommends the HDR Engineering, Inc. be selected to provide consulting services for this
Comprehensive Planning project, and
WHEREAS, funds for the project are available through a CDBG Smart Growth Grant and monies
budget for planning consulting services (account # 432060 FY11 and FY12) and Riverfront
Crossings Capital Improvements (account # 4513).
NOW THEREFORE, it is agreed by and between the parties that the City does now contract with
the Consultant to provide services as set forth herein.
I. SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner:
Scope One
Consultant Services for Downtown and Riverfront Crossings District Elements of the
Comprehensive Plan
Task 1: Project Management and Initiation, Goals and Vision, Data Collection and Analysis, and
Base Mapping
Working in collaboration with the City (the City Iowa City), Consultant will collect, organize, and
analyze the relevant background data and support materials necessary to underpin the planning
effort: This task will include the following elements:
Task 1.1 Project Management and Initiation
This task includes all of the steps necessary for the management of a successful project,
including administrative procedures, QA/QC process, and other project management elements.
Bi- weekly status update phone calls with the City are also included in this task.
Product: Bi- Weekly project management phone calls with the City
City: Participate in bi- weekly project management phone calls
Task 1.2 Kick -Off Meeting and Study Area Tour
This task entails holding a Project Kick -Off Meeting with the City to finalize the work
effort and schedule for the project and to present any information and data requirements for the
project (see Task 1.3). Key stakeholders (property owners, businesses, University
representatives, developers, jurisdictional, agency, political, etc.) will also be identified. In
addition, the City will lead Consultant on a tour of the Study Area. The purpose of this tour is to
help familiarize Consultant with the Study Area; discuss opportunities, issues, and future master
plan directions; and photo document key features.
Product: Refined project schedule
Identification of Key Stakeholders
Study Area Tour
Photo Documentation of Study Area
City Goals and Vision Meeting
City: Provide location for Kick -Off Meeting /Goals and Vision Meeting
Schedule /Invite key City Staff (Planning, Parks, Public Works etc.)
Participate in Kick -Off Meeting
Lead Study Area Tour
Provide Tour Transportation
Task 1.3 Data Collection
Consultant shall identify and request that the City provide relevant information
and data needed for its the planning efforts. Such documents and information
may include:
• GIS Data Base for Study Area (i.e. floodplain, property ownership, land use,
etc.)
• Digital map files of Study Area
• The most recent available aerial photograph of the Study Area
• Current roadway and utility /infrastructure plans for the Study Area
• Past studies and other information relative to the Study Area:
• Iowa City Development Regulations and
subdivision)
• Iowa City Comprehensive Plan
• Iowa City Parks and Trails Master Plan
• Existing Development Proposals /projects
Studies /Analysis for the Study Area
• Traffic Counts, projections, and LOS
Consultant has the following documents:
Maps (zoning and
and /or Market
The Riverfront Crossing District: Smart Growth Approach for Long -Term
Community Recovery
The Iowa City — Final Development Policy Options Memo dated January
15th, 2010
• The Iowa City Final Market Memo
• The Iowa City Final Transportation Policy Options memo, and
• The Iowa City Central District Plan
Product: Identify any additional data needed and request the same
from the City.
City: Provide /Collect all available data as identified by the Consultant
Task 1.4 Data and Base Mapping
Consultant will create relevant and requisite analysis maps of the Study Area.
These digital maps will be prepared at appropriate scale(s) for use on the project,
and may include items such as proposed development projects, building figure
ground, pedestrian walk- sheds, park and open space network, land use, zoning,
topography, floodplain, utilities, mobility, and property ownership. Consultant will
also oversee the creation of design- oriented base maps to be used during the
design stage of the planning process. These digital maps will be prepared at
appropriate scale(s) for use on the project.
Product: Analysis and Base Maps and Diagrams
City: None
Task 1.5 Data Analysis /Context Assessment Workshop
Working with the data and maps generated during Tasks 1.3 and 1.4, Consultant
and City will review and analyze these materials during a '/2 day workshop. This
workshop will help identify the potential development program for the two study
areas and other key issues and topics to be addressed during the planning
process (i.e. urban design, land use, open space, traffic, infrastructure, etc.).
The analysis will also identify potential opportunities, constraints, and future
conceptual master plan directions:
• Existing, Planned, and Potential Development — Review and discuss
existing and planned development within the Study Area. Workshop
participants will discuss existing uses, assess the form and design
character of existing development, evaluate the development potential of
vacant land and underused sites, and review plans and proposals for
relevant new projects.
• Public Realm Conditions: Streets, Rights -of -Way, and Public
Spaces — Workshop participants will discuss conditions within existing
public rights -of -ways and on publicly -owned lands within the Study Area.
Participants will evaluate existing physical conditions — design sections,
landscaping, lighting, and sidewalks within public rights -of -way — and
review available plans for improvements.
• Infrastructure — Participants will review information regarding the
existing condition and capacity of streets, stormwater, wastewater, and
water systems serving the study area.
• Local /Regional /National Precedents — Participants will identify local,
regional, and national examples of quality urbanism — streets,
streetscapes, public spaces, and buildings — that may serve as models for
evaluation and as references for use in later design sessions.
Product: 1/2 -day Data Analysis /Context Assessment Workshop
Development Program Summary
City: Prepare for /invite key participants to the 1/2-day workshop
Provide location for and attend 1/2 -day workshop
Task Two Housing and Office Market Assessment
Task 2.1 Kickoff Meeting and Field Reconnaissance
Consultant shall attend the project kick -off meeting and tour the Study Area. As
part of this visit, Consultant will:
• Identify key sources of data (key stakeholders, GIS data source(s),
available office or residential market studies, other applicable plans or
studies, etc.)
• Confirm understanding of the scope and goals of the project
Confirm key deadlines for deliverables
• Gain an understanding of the key physical issues with implications on the
market feasibility of residential and office land uses (surrounding land
uses, site availability, key competitive office cluster locations and
characteristics)
Task 2.2 Data Collection
Building on the information provided in the kick off meeting, Consultant will
research various sources of regional studies and secure existing data. They will
also obtain data such as building permit records, REIS data on the rental
apartment market, and others as necessary to build existing knowledge base
Task 2.3 Interviews
Consultant will conduct telephone interviews with key informants (brokers,
developers, University officials, employers, economic development professionals,
and others) identified in Task 2.1 regarding market dynamics and trends,
University growth plans and timing, and other considerations
Task 2.4 Demographic, University Growth, and Employment Growth Projections
Analyses
Consultant will order or otherwise secure data on projected growth (especially
household growth by age and income for housing, and University and target
sector employment growth for "white collar" sectors for office). Consultant will
analyze this data in the context of their implications on development potential
over the next five plus years.
Task 2.5 Development Typologies Definitions
Based on interviews, fieldwork, and experience, Consultant will define the
following:
The types and character of residential products that appear feasible in the
next five years (both rental apartments and for sale condominiums and
townhomes). This will include: Total project scale (units), unit sizes,
bedroom mix, range of typical building heights, parking configurations,
etc.
The type and character of office development that appears feasible in the
next five years. This typology definition will include total building square
footages, building floor plate sizes, parking types (surface, covered,
garage)
To the extent possible, absorption, pricing, and phasing will be projected.
Task 2.6 Summary of Market Findings to Date
Consultant will generate summary maps and tables based on key findings to date
regarding market trends, development typologies, and demographic and other
growth projections. Priority sites for the next phase development of housing and
office uses will also be identified.
Task 2.7 Attend and Participate in 3 -day Workshop
Consultant will attend the workshop. Findings will be presented and advice on
the market feasibility of various aspects of the draft plans that are developed
during the workshop will be provided.
Task 2.8 Draft Documentation for Final Report
Draft text, tables, and maps will be developed for the final document.
Task 2.9 Final Presentation
Consultant will attend and present their findings and recommendations at an.
Open House.
Task Three - Visioning Process
Working in collaboration with the City, Consultant will facilitate the establishment of a
consensus - driven vision for the Study Area. Successful development of a viable and
consensus - driven vision at this stage of the planning process will underpin future master
planning and development efforts.
Task 3.1 Key Stakeholder Programming Meetings
This task entails holding a series of programming meetings (over the course of
two days) with Key Stakeholders (University of Iowa; Jurisdictional property
owners - Federal, State, County, & School District; representative members of
the Development Community; and key Property Owners). The purpose of th -ase
meetings will be to provide a summary of the Riverfront Crossings Sub -Area Plan
to and to identify and discuss Key Stakeholder projects, goals, and visions for the
Study Area.
Product: Identification of Key Stakeholder development programs, goals,
and visions
City: Provide location for Programming Meetings
Schedule /Invite Key Stakeholders
Participate in Programming Meetings
Task 3.2 Visioning Workshop
Consultant will conduct an evening Visioning Workshop for the City, Key
Stakeholders and General Public. This workshop will examine at the entire
Study Area, but will focus on Downtown and the portion of the Study Area on the
west side of the Iowa River. The workshop will include the following
components:
An Overview of the Riverfront Crossings Sub -Area Plan and the current
master planning effort
A SWOT (Strengths, Weaknesses, Opportunities, Threats) Analysis
A Geographic "Mapping" Exercise - This exercise allows participants the
opportunity to describe their vision for the project area. Vision plans for the
project area, created by workshop participants, will be created and pinned to
the walls. Participants are then provided the opportunity to describe their
"vision" to the other workshop participants.
At the end of this Task, the results will be summarized, including a discussion of
implications for the study area.
Product: Visioning workshop preparation
One Visioning Workshop
Summary Document
City: Provide a location for and schedule /invite participants to the
Visioning Workshop
Attend /participate in the Visioning Workshop
Task Four— Conceptual Development and Design Framework Plan Development
Task 4.1 Design Workshop (3 -days)
Based on the findings of the previous phases (Market Assessment and
Visioning), Consultant will produce a draft conceptual development and design
framework plan for the entire study area. This framework plan will consist of
recommendations relating to land use, building typologies, street sections,
parking, open space, sustainable design elements (including stormwater BMP's),
etc., and will be developed with the City during a 3 -day interactive workshop.
City and key stakeholder participants of the workshop will review the draft
concepts and provide feedback and guidance, which will be incorporated into a
revised plan.
Product: 3 -day Design Workshop
Draft Conceptual Development and Design Framework
Plan
City: Provide location for Design Workshop
Coordination /preparation for workshop
Schedule /Invite Key City Staff and Key Participants
Participate in Workshop
Task 4.2 Concept Refinement
Following the Design Workshop, digital refinement (AutoCAD, Sketch -Up, and
Illustrator) and revisions to the draft Conceptual Development and Design
Framework Plan will be made by Consultant. Plan revisions will be coordinated
with traffic engineers (lane configuration and widths, intersection improvements,
LOS, etc.) and other technical specialists, as necessary. Plan diagrams of
proposed conditions will be developed, including the following:
• Master Plan
• Mobility Options
• Public Realm
• Water Resources
In addition, the following Design Guideline diagrams (basis for follow -on Form -
Based Code) will also be produced:
Land Use
• Building Height
• Frontages and Setbacks
• Parking and Access
Special Requirements
Representative street sections and stormwater BMP's for the Study Area will also
be developed.
Product: Revised Conceptual Development and Design Framework
Plan (including plan and design guideline diagrams)
City: On -going input, as necessary
Task 4.3 Review Conference Call
HDR will provide the refined concept plan (including plan diagrams, street
sections, and stormwater BMP's) to the City for review. Revisions will be
discussed during a conference call between the City and the Consultant. In
addition, the topic /location of three watercolor renderings, to be included in the
final document, will be determined.
Product: Review Conference Call
City: Review and Comment
Task 4.4 Draft Conceptual Master Plan
Based on City direction (refinements identified during Task 4.3), Consultant will
compile deliverables prepared under previous tasks into a final report for review
and approval. As indicated in Task 4.2, the Plan will include a detailed
Framework Plan (indicating preferences for future land uses; the pattern, form,
and design character of development; and the design quality of streets and public
spaces) and Design Guidelines. In addition, a Study Area Yield analysis and 3
watercolor renderings will be developed. The draft document will be presented to
the City for final review.
Product: Revisions to Conceptual Development and Design
Framework Plan and Design Guidelines Diagrams
Yield Analysis
3 Watercolor Renderings
Draft Conceptual Master Plan
City: Review Draft Conceptual Master Plan
Task Five— Public Open House and Final Document
Task 5.1 Open House Materials
Consultant will prepare the necessary materials for the Open House. This will
include the draft and final boards and a PowerPoint Presentation.
Product: Draft and Final Presentation Boards
PowerPoint Presentation
City: Review Boards and PowerPoint Presentation
Task 5.2 Open House
A public open house, summarizing the Conceptual Development and Design
Framework Plan, will be held in a public venue in or adjacent to the Study Area.
Product: Public Open House Attendance and Presentation
City: Provide location for Open House
Schedule /Invite Stakeholders and Public to Open House
Print and mount final boards for Open House
Participate in Open House
Task 5.3 Final Document
Revisions, based on comments received during the Open House, will be made, if
necessary, to the plans and diagrams. Once these revisions are made,
Consultant will prepare a Final Downtown and Riverfront Crossings District
Master Plan summary document. This document will be a written and highly
illustrated and bound document and will be accompanied by a CD -ROM
containing an electronic copy of the same materials. Two (2) unbound copies of
the hard copy document will be provided, as will a CD -ROM.
Product: Revisions to plans and diagrams
Final Document including digital master plan, plan drawings,
maps, diagrams, sketches, renderings, and text to communicate
the recommendations proposed.
Two (2) unbound copies of Final Document
One (1) CD -ROM of Final Document
City: Review Final Document
Scope Two
Riverfront Crossings Form -Based Code
Task One — Preliminary District Definitions & Regulating Plan
Working in collaboration with the City, Consultant shall prepare a preliminary definition of form -
based districts (up to 6) and a draft regulating plan indicating how the districts may be applied in
the Riverfront Crossing District. This task will include the following elements:
Task 1.1 Preliminary District Definitions & Precedent Images
Using draft products prepared for the master planning tasks, Consultant will
prepare a brief paper defining potential form -based code districts. The paper will
outline the purpose and intent of each potential district; the preferred form, scale,
and intensity of development; and a preliminary set of urban standards defining
height, set backs and frontage conditions. To accompany the paper, Consultant
will provide images from Iowa City and other cities illustrating the preferred form
and character of development by district.
Product: District Definition Paper
Precedent Images
City: Review and Comment
Task 1.2 Preliminary Regulating Plan(s)
Consultant will prepare a map, or maps, illustrating the potential application of
the preliminary districts to the study area. The preliminary regulating plan(s), will
provide the basis for discussions regarding the districts and their application.
Product: Regulating Plan Map(s)
City: Review and Comment
Task 1.3 Review Meeting with Staff
Consultant will review the preliminary district definitions, precedent images, and
regulating plan(s) with staff during a two -hour work session. Consultant will
review the purpose and intent of each district, the general standards and
precedent images, and the preliminary map.
Product: Meeting with staff
City: Meeting logistics
Task Two — Refinement of District Standards, Frontage Types & Special Requirements
During this phase, Consultant will revise the preliminary district definitions, prepare a draft set of
standards for each revised district, and define and map frontage types and special
requirements. This material will be reviewed with staff and prepared for presentation during a
series of stakeholder meetings.
Task 2.1 District Definition, Standards & Graphics
Consultant will prepare text, tables, plan diagrams, and sections defining basic
requirements for development under each district. The draft will include standards
for building lots, the placement and scale of buildings, permitted uses, and
references regarding permitted frontages types. Also included will be a preliminary
set of plan, section, and 3D graphics illustrating the district standards.
Product: Report on Districts & District Standards
Draft Code Graphics
City: Review and Comment
Task 2.2 Frontage Types & Special Requirements Standards & Map
Consultant will prepare text and maps defining preferred frontage types and special
requirements. The text will provide information delineating permitted frontage
conditions by type and maps will provide a preliminary indication of areas where
specific frontage types are permitted. A second set of text and map(s) will describe
location specific requirements for special treatments. Such treatments may address
preferred corner treatments, axial relationships, and transitions in scale and forms to
address unique conditions and ensure compatibility with adjacent conventionally
zoned property.
Product: Report on Districts & District Standards
Draft Code Graphics
City: Review and Comment
Task 2.3 Revised Regulating Plan
Based on staff feedback and reflecting refinements to the district definitions,
Consultant will prepare a revised regulating plan map.
Product: Revised Regulating Plan Map(s)
City: Review and Comment
Task 2.4 Review Meeting with Staff
Consultant will review the above deliverables with staff during a two -hour work
session. Consultant will review the refined district standards, the frontage types
and special requirements, and revised regulating plan(s).
Product: Meeting with staff
City: Staff mark -up of deliverables
Task Three - Final Form -Based Code
Consultant will revise elements of the code prepared under the above - described tasks and
compile into a draft Riverfront Crossings Form -based Code Report. Consultant also will prepare
a powerpoint presentation summarizing code provisions and, using graphics prepared for the
Master Plan, describe the implications of the new code's application to specific sites.
Task 3.1 Code Workshops
Consultant will prepare for and participate in a series of up to six, one -hour
Stakeholder Workshops. Preparation will include drafting of a PowerPoint
presentation and display boards. An open house will also be held as part of this
task.
Product: Draft and Final Presentation Boards
PowerPoint Presentation
City: Review Boards and PowerPoint Presentation
Provide location for Workshops and Open House
Schedule /Invite Stakeholders and Open House
Print final boards for Open House
Participate in Open House
Task 3.2 Final Code Document
Revisions to the compiled code, based on comments received during the
workshops and Open House, will be made. Once these revisions are made,
Consultant will prepare a final code deliverable including the following sections:
regulating plan map(s), district standards (purpose and intent, district standards,
district code graphics), frontage standards (text, map, and graphics), and special
requirements (text, maps, and graphics).
Product: Ten (10) bound copies of Final Code Document
One (1) CD -ROM of Final Code Document
City: Review Final Document
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the following
schedule:
Scope One - Consultant Services for Downtown and Riverfront Crossings District Elements of
the Comprehensive Plan shall be complete by January 2, 2012, unless otherwise extended by
the City.
Scope Two - Riverfront Crossings Form -Based Code shall be completed by March 1, 2012,
unless otherwise extended by the City.
III. GENERAL TERMS
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender identity,
or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work
and services performed up to the time of termination. However, such sums shall
not be greater than the "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 this Agreement shall be governed by the laws of the State
of Iowa and that no Party to this Agreement shall perform contrary to any law
adopted by the City of Iowa City, the State of Iowa, or the government of the
United States.
G. At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City
shall be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative
to specific projects covered under this Agreement. In such event, the Consultant
shall not be liable for the City's use of such documents on other projects.
The 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.
J. 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.
K. Original contract documents shall become the property of the City. The Consultant
shall be allowed to keep reproducible copies for the Consultant's own filing use.
L. Fees paid for securing approval of authorities having jurisdiction over the Project
will be paid by the City.
M. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the
Iowa Code prohibits a City officer or employee from having an interest in a contract
with the City, and certifies that no employee or officer of the City, which includes
members of the City Council and City boards and commissions, has an interest,
either direct or indirect, in this agreement, that does not fall within the exceptions to
said statutory provision enumerated in Section 362.5.
O. The Consultant agrees at all times material to this Agreement to have and maintain
professional liability insurance covering the Consultant's liability for the
Consultant's negligent acts, errors and omissions to the City in the sum of
$1,000,000.
IV. COMPENSATION FOR SERVICES
Consultant shall perform the Scope of Services for a lump sum amount of $164,440, according to
the general break down described below:
Scope One - Consultant Services for Downtown and Riverfront Crossings District
Elements of the Comprehensive Plan:
Task
Labor
Expenses
1
$6,825
$820
2
$29,040
$960
3
$7,460
$1,875
4
$51,590
$5,425
5
$10,025
$2,385
$104,940
$11,465
Scope Two - Riverfront Crossings Form -Based Code:
Task Labor
1 $8,610
2 $17,615
3 $15,090
$41,315
V. MISCELLANEOUS
Expenses
$1,655
$1,995
$3,070
$6,720
A. 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: 4g = 6
Matt ew J. Haye
Title: Mayor
Date: July 5 2011
ATTEST; — .r 4'Atz rL.
city clerk
Approved by:
City Attorney's Office
e—z2/1
Da
FOR THE ONSULTANT
By:
Title: .fin. Va.
Date: -7/111 it
'7
Z. =-Z.F. CITY OF IOWA CITY
M
EMORANDUM
To: Tom Markus, City Manager
From: Wendy Ford
Date: June 27, 2011
Re: Towncrest Financial Incentive Grant Program Authority
Introduction:
Staff is proposing a recommendation that the City Manager be granted administrative
authority to approve projects eligible for financial incentives for the two programs in the
Towncrest Urban Renewal Area which are capped at $25,000 per application:
• The Towncrest Fagade Improvement Program, and
The Pre - development Assistance portion of Catalyst Project Grants.
These are two of four incentive programs available in the Towncrest Urban Renewal Area
and are matching grant programs capped at $25,000 per applicant.
History/background:
At the June 7th City Council meeting, Council approved a resolution authorizing the mayor to
enter an agreement with Towncrest Internal Medicine for architectural design services. This
project will be the first to use matching funds for a fagade improvement project. Staff
expects several applications for funds from these authorized programs and presented a
recommendation for City Manager authority to enter into agreements for the two programs
to the City Council Economic Development Committee on June 21, 2011. The committee
approved the recommendation 3 -0.
Discussion of Solution:
Providing the City Manager with the administrative authority to approve projects eligible for
the financial incentives for the two programs is warranted because: 1) Council has already
approved budget authority for these programs; and 2) the City Manager has authority for
similar Economic Development disbursements from the Economic Development Assistance
Fund. Because the budget authority and the Towncrest Design Plan guidelines are already
in place, we feel that providing administrative authority to the City Manager will allow the
City to be more efficient in assisting with Towncrest improvements.
With this authority, the following three stipulations would apply:
• Projects would meet all eligibility criteria set forth in the project application;
• Projects must enhance the Towncrest area and generally follow guidelines in the
Towncrest Urban Renewal Area Design Guide; and
• Reporting the granting of any of the funds will occur at the first Economic
Development Committee meeting following such disbursement, and again in an
annual report.
Recommendation:
Staff recommends that the City Manager be granted administrative authority to approve
projects eligible for the financial incentives for the two programs in the Towncrest Urban
Renewal Area which are capped at $25,000 per application:
• The Towncrest Fagade Improvement Program, and
• The Pre - development Assistance portion of Catalyst Project Grants.
Economic Development Committee — June 21, 2011
MINUTES DRAFT
CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE
JUNE 21, 2011
LOBBY CONFERENCE ROOM, 8:00 A.M.
Members Present: Regenia Bailey, Matt Hayek, Susan Mims
Staff Present: Wendy Ford, Steve Long, Jeff Davidson, Tom Markus
Others Present: Nancy Quellhorst, Andre Perry, Bill Thomasson, Polly Morris, Paul
Burns, Gigi Wood
RECOMMENDATIONS TO COUNCIL:
Hayek moved to recommend approval for administrative authority for the
Towncrest Design Assistance and Facade Improvement Programs.
Mims seconded the motion.
Motion carried 3 -0.
Hayek moved to recommend continued support of the Englert Theater as
requested in the proposal letter.
Mims seconded the motion.
Motion carried 3 -0.
Mims moved to recommend renewal of the contract with the National
Development Council (NDC).
Hayek seconded the motion.
The motion carried 3 -0.
CALL MEETING TO ORDER:
The meeting was called to order by Chairperson Bailey at 8:02 A.M.
CONSIDER APPROVAL OF THE MINUTES OF THE APRIL 19, 2011, ECONOMIC
DEVELOPMENT COMMITTEE MEETING:
Mims moved to accept the April 19, 2011, meeting minutes as presented.
Hayek seconded the motion.
Motion carried 3 -0.
CONSIDER A RECOMMENDATION TO THE CITY COUNCIL FOR ADMINISTRATIVE
AUTHORITY FOR TOWNCREST DESIGN ASSISTANCE AND FACADE
IMPROVEMENT PROGRAMS:
Ford addressed the Members regarding this request. She briefly explained the two
programs — for fagade renovation and pre - development design costs assistance, and
noted that the City may provide up to $25,000 in matching funds for redevelopment.
These programs have been budgeted and are similar in size to the Economic
Development Assistance fund disbursements approved for disbursement by the City
Manager. The Economic Development Committee would be apprised of any funds
granted at the first meeting following any such dispersal.
Economic Development Committee — June 21, 2011 2
Hayek moved to recommend approval for administrative authority for the
Towncrest Design Assistance and Facade Improvement Programs.
Mims seconded the motion.
Motion carried 3 -0.
PRESENTATION BY ENGLERT EXECUTIVE DIRECTOR FOR RENEWAL OF
FUNDING:
Ford began by welcoming several representatives present from the Englert Theater.
She noted that Members have a memo in their meeting packet regarding this issue. She
reminded Members that in December of 2008, the Committee agreed to provide funding
for the Englert Theater in each of three fiscal years: FY10, FY11 and FY12. The FY12
distribution of $50,000 in funding is approaching July 1, 2011 and today, the Englert is
presenting its report as required by that Dec. 2008 decision. The letter from the Englert
also requests continuing funding for three years.
Andre Perry, Executive Director of the Englert spoke to Members next. He had the
Board Members from the Englert also introduce themselves. Perry continued, stating
that their operations and budgeting have been improving every year. He thanked the
Members for their continued support of the Englert, and asked that they consider
continuing this support into the future. Perry and the other Board Members then
reviewed the Englert's financial status, show attendance numbers, and donations. The
discussion turned to a buyout of the limited partnership, and how the Board has been
working with local banks on securing a mortgage. Members asked for some clarification
on this matter. Perry reported that attendance is increasing, with close to 46,000 in
2010. For the 2011 year, attendance is projected to be around 50,000. Perry noted that
they have increased their marketing, in an attempt to bring in more patrons. They have
also brought on a couple of staff having focused on recruiting board membership from
the Cedar Rapids area in order to have closer ties and links to the Cedar Rapids market.
The discussion turned to some of the upcoming theater projects in the area, and how
these may affect the Englert. Members then briefly discussed the request, with Hayek
stating that the Englert is an essential part of Iowa City's culture landscape. He believes
supporting the theater makes good economic development sense. Bailey stated that
she believes the Englert is a critical anchor to the downtown. Mims also stated that she
believes they should continue the support of the Englert. Davidson asked that the
Members clarify their support for the three years of continued support as noted in the
letter.
Hayek moved to continue financial support and recommended continued support
of the Englert Theater as requested in the proposal letter.
Mims seconded the motion.
Motion carried 3 -0.
CONSIDER A RECOMMENDATION FOR RENEWING A CONTRACT WITH THE
NATIONAL DEVELOPMENT COUNCIL:
Davidson addressed the Members next. He noted that they have developed a good
relationship with Tom Jackson during these past eleven months, and that they would like
to continue this relationship. Davidson noted a couple of the projects in the works, such
as Hieronymus Square and Riverfront Crossings. He noted that some of the contracts
Economic Development Committee — June 21, 2011 3
under negotiation on are quite intricate and involved, and Jackson's assistance has been
invaluable. Davidson continued, noting that the NDC has agreed to maintain their
current fee structure, which is $6,500 per month, of which $500 per month is provided
through their foundation. Staff is seeking a recommendation to continue this contract
with the NDC.
Mims moved to recommend renewal of the contract with the National
Development Council (NDC).
Hayek seconded the motion.
The motion carried 3 -0.
UPDATE ON CDBG ECONOMIC DEVELOPMENT PROJECTS:
Steve Long spoke to the Members, explaining some specific projects. July 15` will bring
a new fund balance of $182,000. Bailey asked if interest is up, and Long noted that with
staff so busy the past years on flood recovery, they just haven't had the time they used
to. However, this is starting to change. Ford noted that there is always some interest.
STAFF TIME:
Davidson spoke to Members first, noting that Towncrest's rehabilitation is starting to heat
up. He added that they do have a developer who is in the process of acquiring
properties, and staff has met preliminarily with the developer. Ford spoke next, noting
that ICAD is almost done with the business plan for a downtown business incubator they
are naming CoLab, which would put into action the build -out of existing downtown office
space and associated co- working programming. Davidson spoke about some of the
other projects, such as continued planning in the Riverfront Crossings area. Plans are
also well underwayfor the multi -use parking facility at the corner of Court and Linn
Streets according to Davidson. Ford spoke about the research being conducted by John
Millar and what they expect from his market study due in September. Ford also noted
that she has been receiving many calls regarding the Riverfront Crossings area and
downtown. The SSMID (self - supporting municipal improvement district) petition has now
been developed, and the DTA committee working on it has begun soliciting signatures.
Davidson added that the Vito redevelopment project has begun. Lastly, Davidson
reported that staff and the City Manager are examining the development and economic
development processes to find ways to improve. , as one of the directions given to the
City Manager was to look at the development process, they have now begun to do this.
COMMITTEE TIME:
None.
ADJOURNMENT:
Mims moved to adjourn the meeting at 8:47 A.M.
Hayek seconded the motion.
Motion carried 3 -0.
Economic Development Committee — June 21, 2011
Council Economic Development Committee
ATTENDANCE RECORD
2011
Key:
X = Present
O = Absent
O/E = Absent/Excused
TERM
iv
rn
NAME
EXP.
CA
Q0
Regenia
01/02/11
X
X
X
Bailey
Matt
01/02/11
O
X
X
Hayek
/
E
Susan
01/02/11
X
X
X
Mims
Key:
X = Present
O = Absent
O/E = Absent/Excused
mt,
Prepared by: Wendy Ford, Eco. Dev. Coord., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248
RESOLUTION NO. 11 -231
RESOLUTION GRANTING THE CITY MANAGER ADMINISTRATIVE
AUTHORITY TO MAKE TOWNCREST URBAN RENEWAL GRANTS FOR
THE TOWNCREST FACADE RENOVATION PROGRAM AND THE
PREDEVELOPMENT DESIGN ASSISTANCE PROGRAM
WHEREAS, Council implemented the Towncrest Urban Renewal Plan and adopted the
Towncrest Design Guidelines, and
WHEREAS, Council has approved budget authority for the Towncrest Urban Renewal Area
Grant Programs, and
WHEREAS, the City Council Economic Development Committee voted to recommend this
resolution to the City Council at their meeting on June 21, 2011,
WHEREAS, funds for these grants are available in the Towncrest capital improvements
fund account #4514,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Manager is hereby granted administrative authority to execute Towncrest
Urban Renewal Grant agreements, in a form approved by the City Attorney, for
the Towncrest Facade Renovation Program and the Predevelopment Design
Assistance Program.
2. Any such agreements shall be reported to the Economic Development Committed at
the first Committee meeting following such disbursement, and again in an annual
report.
Passed and approved this 5th day of July f 20_11—
MAYOFT-
I
), 4proveg by L /
— � le d ka ATTEST: CILERK
City Attorney's Office �
Resolution No
Page 2
11 -231
It was moved by Bailey and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X— Bailey
Champion
X Dickens
_x Hayek
x Mims
g Wilburn
X— Wright
wpdata /g I ossa ry/resolutio n -i c. doc
I�
NOTICE TO BIDDERS
FY 2012 ASPHALT RESURFACING PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 2:30 P.M.
on the 24h day of June 2011. Sealed proposals
will be opened immediately thereafter by the City
Engineer or designee. Bids submitted by fax
machine shall not be deemed a "sealed bid" for
purposes of this Project. Proposals received after
this deadline will be returned to the bidder
unopened. Proposals will be acted upon by the
City Council at a meeting to be held in the Emma
J. Harvat Hall at 7:00 P.M. on the 5'h day of July
2011, or at special meeting called for that
purpose.
The Project will involve the following:
2,462 tons of asphalt cement concrete,
16,238 sq. yards of pavement milling,
1,419 feet of PCC curb and gutter
replacement, 15,800 sq. yards of chip
sealing, 188 ft of 15" RCP, 150 sta. of
durable pavement marking and related
work.
All work is to be done in strict compliance with the
plans and specifications prepared by the City of
Iowa City Engineering Division which have hereto-
fore been approved by the City Council, and are
on file for public examination in the Office of the
City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied in
a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a surety
in the State of Iowa, in the sum of 10% of the bid.
The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to
enter into a contract within ten (10) calendar days
of the City Council's award of the contract and
post bond satisfactory to the City ensuring the
faithful performance of the contract and mainte-
nance of said Project, if required, pursuant to the
provisions of this notice and the other contract
documents. Bid bonds of the lowest two or more
bidders may be retained for a period of not to
exceed fifteen (15) calendar days following award
of the contract, or until rejection is made. Other
bid bonds will be returned after the canvass and
tabulation of bids is completed and reported to the
City Council.
The successful bidder will be required to furnish
a bond in an amount equal to one hundred
AF -1
percent (100 %) of the contract price, said bond to
be issued by a responsible surety approved by the
City, and shall guarantee the prompt payment of
all materials and labor, and also protect and save
harmless the City from all claims and damages of
any kind caused directly or indirectly by the
operation of the contract, and shall also guarantee
the maintenance of the improvement for a period
of five (5) year(s) from and after its completion
and formal acceptance by the City Council.
The following limitations shall apply to this
Project:
Completion Deadline:
Milestone 1: Completion of work on Prentiss,
Capitol, and Miami Drive by August 12, 2011.
Milestone 2: Completion of work on remaining
streets by August 31, 2011.
Early Start Date: July 18, 2011
Liquidated Damages: $500 per day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. . Copies of said plans and specifi-
cations and form of proposal blanks may be
secured at the Office of the City Engineer of Iowa
City, Iowa, by bona fide bidders.
A $50 deposit is required for each set of plans
and specifications provided to bidders or other
interested persons. The fee shall be in the form of
a check, made payable to: "Treasurer of the City
of Iowa City, Iowa ". The deposit shall be refunded
upon return of the contract documents within
fourteen days after award of the project. If the
contract documents are not returned within
fourteen days after award and in a reusable
condition, the deposit shall be forfeited
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of
minority contractors can be obtained from the
Iowa Department of Economic Development at
(515) 242 -4721 and the Iowa Department of
Transportation Contracts Office at (515) 239-
1422.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts.
By virtue of statutory authority, preference must
be given to products and provisions grown and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully re-
AF -2
quired under Iowa Statutes. The Iowa reciprocal
resident bidder preference law applies to this
Project.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARIAN K. KARR, CITY CLERK
AF -3
CIO
Prepared by: Dave Panos, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5145
RESOLUTION NO
11 -232
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE FY2012 ASPHALT RESURFACING PROJECT.
a 12
:I
WHEREAS, L.L. Pelling Company of North Liberty, Iowa has submitted the lowest responsible bid
of $717,737.10 for construction of the above -named project; and
WHEREAS, funds for this project are available in the Pavement Rehabilitation account # 3824.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The contract for the construction of the above -named project is hereby awarded to L.L.
Pelling Company, subject to the condition that awardee secure adequate performance and
payment bond, insurance certificates, and contract compliance program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above -named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
3. The City Engineer is authorized to execute change orders as they may become necessary
in the construction of the above -named project.
Passed and approved this 5th day of July , 20 11
ATTEST:
CIT
CLERK
It was moved by Mims
adopted, and upon roll call there were:
MAYOR
and seconded by
Approved by
'J
City to Off ice
Wilburn the Resolution be
AYES:
NAYS: ABSENT:
X
Bailey
X
Champion
X
Dickens
X
Hayek
X
Mims
X
Wilburn
X
Wright
Pweng /res /2012asphaltresurf- awrdcon.doc
6/11
7�
Prepared by: Jason Reichart, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5416
RESOLUTION NO.
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 HDR ENGINEERING, INC. TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE TAFT SPEEDWAY FLOOD MITIGATION STUDY
PROJECT.
WHEREAS, the City of Iowa City desires to conduct a feasibility study of various flood mitigation alternatives
in the Taft Speedway /Idyllwild neighborhood; and
WHEREAS, the study will address public concerns and determine the most cost effective, environmentally
sound flood mitigation alternative for that area; and
WHEREAS, the City desires the services of a consulting firm to provide professional engineering services
necessary to conduct the Taft Speedway Flood Mitigation Study; and
WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with HDR
Engineering, Inc., to provide said services; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with HDR Engineering, Inc.;
and
WHEREAS, funds for this project are available in the Taft Speedway Levee account #3965- 434730 fund.
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 day of 20
MAYOR
ATTEST:
CITY CLERK
Pweng /res/taftspdwayFl oodmit -d esignagt.doc
Approved by
) (0 GC
City Attorney's Office I30
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this day of ,
, by and between the City of Iowa City, a municipal corporation, hereinafter
referred to as the City and HDR Engineering Inc., of Omaha, Nebraska, hereinafter referred to as
the Consultant.
WHEREAS, the Taft Speedway Neighborhood experienced significant flooding in 2008 inundating
Foster Road and preventing access to the Peninsula Area and City water wells.
WHEREAS, the City of Iowa City hired Stanley Consultants to draft a report that would evaluate
potential flood protection options for the Taft Speedway and Parkview Terrace Neighborhoods.
WHEREAS, in October of 2010 the CDBG Disaster Recovery Program announced Iowa City
would receive funding to construct the Taft Speedway Levee.
WHEREAS, the residents in Taft Speedway and Parkview Terrace neighborhoods requested
further study of the viability of the Taft Speedway Levee and the impacts it would have on their
neighborhoods.
WHEREAS, the national HUD Disaster Recovery Office required Iowa City to address the
concerns of Taft Speedway and Parkview Terrace residents and provide additional information
regarding the effects the Taft Speedway Levee would have on them.
WHEREAS, the City of Iowa City issued a public Request for Qualifications, interviewed three of
the five total applicants and chose HDR Engineering Inc. for contract negotiations based on their
approach to public engagement and experience on similar projects.
WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with
HDR Engineering Inc.; and
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) guidline, outlined in Exhibit A, attached and incorporated
herein.
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
A. Project Management
1. Meetings
This task will include coordination between the City and Consultant necessary to
develop project milestones and guidelines, review and refine key issues and
provide updates on project activities.
2. Data Collection
This task provides information necessary to perform the study and includes the
compilation and review of existing data that will be used in the study such as site
studies and data, mapping information, environmental data, etc.
B. Public Engagement
1. Public Meeting Plan and Schedule
This task will include the development of materials and logistics necessary for
public meetings, as well as define milestones for material production, mailings, and
notifications.
2. Media Plan
This task will involve planning for the distribution or publication of information
regarding study activities, public meetings and findings.
3. Public Meeting 1
This task will involve the production of materials and staff necessary to
administrate a public meeting. The initial meeting will provide the public with
information on the study purpose, scope and schedule. This meeting will also
serve as a public forum to collect input from the public on the project. The
Consultant will be responsible for recording all meeting minutes.
4. Public Meeting 2
This task will involve the production of materials and staff necessary to
administrate a public meeting. The second public meeting will provide the public
with information on the analyses conducted, results and feasible flood mitigation
alternatives. Public input will once again be collected at this meeting. The
Consultant will be responsible for recording all meeting minutes.
C. Environmental and Archeological Review
1. Environmental Review
This task will involve database research and review of potential environmental
resources in the project vicinity for consideration in evaluating the various flood
mitigation alternatives.
2. Archeological Survey
This task will involve database research and review of potential archeological
resources in the project vicinity for consideration in evaluating the various flood
mitigation alternatives.
D. Alternative Refinement and Development
1. Alternative Development
This task will include the development of initial list of alternatives to be screened
based on general feasibility and ability to meet project goals.
2. Workshop 1
This task will involve a Project Team Meeting to review various alternatives and
initial screening results.
E. Screened Alternative Analyses
1. Analyses Refinement
This task will involve further analysis of up to three screened alternatives to allow
comparisons with defined screening criteria, feasibility and ability to meet project
goals.
2. Workshop 2
This task will involve an additional Project Team meeting to review the analysis of
screened alternatives and results of the study.
F. Final Report Preparation
This task will include the preparation of draft and final documentation of study results
and recommendations.
G. Coordination with Others
This task will include coordination with ongoing hydraulic modeling efforts of the Iowa
River and other infrastructure projects in the project vicinity.
H. Additional Services
Additional Services are not included in this contract. If authorized under a
Supplemental Agreement, the CONSULTANT shall furnish or obtain from others
the following services
A detailed scope of services can be found in Attachment 1, attached and incorporated herein.
Consultant agrees to perform all services described above and in Attachment, 1 in a timely and
satisfactory manner.
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown. Work will begin within seven days of the execution of this agreement.
Public Meeting #1
Workshop #1
Workshop #1
Public Meeting #2
Draft Documentation
Final Documentation
111. GENERAL TERMS
July 19, 2011
August 19, 2011
August 19, 2011
October 19, 2011
November 2, 2011
November 9, 2011
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
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.
The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to reasonably and 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.
IV. COMPENSATION FOR SERVICES
Consultant shall perform the Scope of Services for a fee not to exceed $84,550. A general
breakdown of this fee is described in Attachment 2, attached and incorporated herein.
u
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:
Title:
Date:
ATTEST:
pw \forms \consag mt.frm
FOR THE CONSULTANT
Title: ?e—r.
Date: X613 -j
Approved by:
City Attorney's Office
7 /1 Ill
Date
� r i
For City of Iowa City
Taft Speedway Flood Mitigation Study
CITY OF IOWA CITY
Iowa City, IA
ENGINEERING PROPOSAL I ONE COMPANY
Attachment 1 10` ` Many Solutions"
BACKGROUND AND BASIS OF PROPOSAL
The purpose of this effort is to conduct a feasibility study of flood mitigation alternatives in the Taft Speedway area in
Iowa City, Iowa (City). In January 2009, Stanley Consultants developed a report evaluating potential flood protection
alternatives for the Idyllwild neighborhood at the 100 -year and 500 -year flood levels per the FEMA Flood Insurance
Study (FIS). Using Stanley's report as a starting point, this effort will evaluate the feasibility of various flood mitigation
techniques and the overall impact each technique would have on the residents of Taft Speedway. Work will include;
soliciting, reviewing, and discussing the environmental impacts of alternatives with the public; environmental and
archaeological site studies; evaluating alternatives; and issuing a final report.
SCOPE OF SERVICES — Taft Speedway Flood Mitigation Study
The scope of work is segmented into seven task series:
Task Series 100 — Project Management, Kickoff Meeting and Background Data Review
Task Series 200 — Public Engagement
Task Series 300 — Environmental Review and Archeological Survey
Task Series 400 — Alternative Refinement/Development and Screening
Task Series 500 — Screened Alternative Analyses
Task Series 600 — Final Report Documentation
Task Series 700 — Coordination with Others
The HDR Team proposes to provide the following professional services.
TASK 100 — PROJECT MANAGEMENT, KICKOFF MEETING AND BACKGROUND DATA REVIEW
Task Objectives: Coordinate work effort, administer contract, conduct kickoff meeting, and assemble
background project information.
HDR Activities: Task 110 Project Management. Conduct general project management tasks. Includes
development of project initiation forms including the development of a project guide,
monthly invoicing, monthly progress reports, project close out activities and other
administration project activities.
Task 120 Meetings. Conduct coordination meetings to discuss Project tasks and present
findings. A kick -off meeting and six conference call/net meetings are planned.
Subtask 120.1 Kick -off Meeting. Conduct a kickoff meeting teleconference where HDR
and City staff will review and refine the key issues identified above, the approach to address
them, previous study and analyses, and finalize the approach to public engagement. An
agenda will be prepared prior to the meeting and meeting minutes prepared after the
meeting.
Subtask 120.2 Coordination Conference Calls. Periodic coordination conference calls
will be City PM will be conducted to provide updates /coordinate project activities. A total
of 3 conference calls are planned..
Attachment 1 - Page 1
Taft Speedway Flood Mitigation Alternatives Study Contract
Task Deliverables:
Key Understandings:
Task 130 Data Collection. This task provides the information necessary to perform the
study. All reasonable efforts shall be made to avoid duplication of work by using valid
existing information.
Subtask 130.1 Gather and Review Existing Data. HDR will collect and review existing
data from the City and other identified sources:
• 2009 Iowa City Study prepared by Stanley
• Iowa River regulatory floodplain model data
• GIS shape files
• Aerial mapping
• Topographic mapping/DEM data
• Available geotechnical/geologic data for project area
• Parcel data and assessed property values
• Project area demographic information
• Past correspondence /meeting transcripts
Subtask 130.2 Create Base Map. Use topographic mapping and GIS shape file coverages
to create base mapping of the project area.
Subtask 130.3 Site Reconnaissance. Conduct a site reconnaissance of the study area.
Site photographs will be taken. Vehicular traffic will be restricted to public roadways.
Identify probable impact areas. Catalog photographs and summarize data collected during
the site reconnaissance.
• Monthly invoices and progress reports
• Meeting agenda and meeting minutes
• Base mapping from subtask 130.2
• Kick -off meeting will be held at the offices of the City
• New data collection efforts (topographic survey, subsurface investigation,
utility survey, etc.) are not included in this scope of work, but could be
added through contract amendment as additional services.
TASK 200 - PUBLIC ENGAGEMENT
Task Objectives: Facilitate and manage three proposed public meetings
HDR Activities:
Task 210 Community Coalition Engagement Opportunities. HDR will prepare material
to engage community groups identified by the City to engage them in the study process.
HDR will prepare content for communication with these groups. Communication methods
include:
• Direct mail informational letter
• Informational posters (11x17, full- color)
• Flyers (8 '/2 x 11, full- color)
Task 220 Public Meeting Plan Schedule. HDR will provide a content development and
production schedule that includes planning, outreach (media release, advertisement,
invitation mailing, web publishing, social media promotion, logistical planning, etc.), and
wrap -up activities. This schedule will be updated to reach the needs of each public
engagement milestone.
Attachment 1 - Page 2
Taft Speedway Flood Mitigation Alternatives Study Contract
Task 230 Public Meeting Tools.
Subtask 230.1 Web Content. HDR will provide project information to be published on
the City's website by the City, as well as project information to be pushed out on existing
City Twitter and Facebook sites, if applicable. Project specific website and social media can
be developed as an amendment to this scope.
Subtask 230.2 Mailing. Electronic copy of invitation postcards for the public meetings
will be provided to City to allow mailing by first class mail two weeks prior to events.
Contact mailing lists will be developed by the City that include:
• Local Residents and Landowners
• Local Businesses
• Local faith -based organizations
• Elected Officials
• Local governmental officials
• Nongovernmental Organizations
• Neighborhood or Homeowners Associations
• Community gathering places (schools, libraries, community centers)
Subtask 230.3 Media Plan. HDR will work with the City to develop a media plan that
identifies media outlets, contact information, deadlines, format/specifications, and cost.
Task 240 Public Meeting Orientation. Orientation for the first public meeting will be
conducted at the kickoff meeting. Orientations for the second and third public meetings
will be held in conjunction with the Workshops. Materials will be reviewed. Meeting
plan will be discussed to identify meeting protocol, format and team roles. A code of
conduct and talking points document will be established for interacting with the public
and the press.
Task 250 Public Meeting 1. The initial public meeting will provide an overview of the
study, approach, objectives and schedule. At this meeting, the public will be encouraged
to participate in a facilitated public forum format. A survey will be designed to help
gather specific community input on the screening criteria.
Subtask 250.1 Meeting Materials. HDR will design and produce tools used in support of
meetings, which includes:
• One Meeting Handout (11x17, full- color)
• One PowerPoint Presentation
• Two Base Maps (30x40, full- color)
• Sign -in Sheets
• Public Forum Registration Cards
• Survey
Subtask 250.2 Staffing. HDR will staff the public meeting with project manager, a
professional facilitator, a technical lead, and a court reporter. The City will be responsible
for all logistical activities which include securing the meeting location and refreshments.
Subtask 250.3 Post - Meeting Activities. HDR will provide a meeting summary document,
which will include:
Final Meeting Plan
Final Meeting Materials and Outreach
Legal Meeting Transcription
Attachment 1 - Page 3
Taft Speedway Flood Mitigation Alternatives Study Contract
Task Deliverables:
Key Understandings:
• Summary of Survey Findings
• Sign -in Sheets
Task 270 Public Meeting 2. The second and final public meeting will present a brief
summary of the alternative screening and the analyses of screened alternatives.
Subtask 270.1 Meeting Materials. HDR will design and produce tools used in support of
meetings, which includes:
• Meeting Handout (11x17, full- color)
• 6 informational Boards (30x40, full- color)
• One PowerPoint Presentation
• Sign -in Sheets
• Comment Forms
Subtask 270.2 Staffing. HDR will staff the public meeting with project manager, a
professional facilitator, and a technical lead. The City will be responsible for all logistical
activities which include securing the meeting location and refreshments.
Subtask 270.3 Post - Meeting Activities. HDR will provide a meeting summary document,
which will include:
• Final Meeting Plan
• Final Meeting Materials and Outreach
• Comment Forms
• Summary of Comments
• Sign -in Sheets
• Electronic documents of outreach tools
o 2 Direct Mail Invitations
o 2 Informational Posters
o 2 Flyers
• Draft and Final Schedule
• One Updates
• Electronic copies of Public Meeting Tools
• Two Web Content and Social Media Updates
• Two Invitation Postcards (4.25x5.5, full- color)
• Draft and Final Media Plan
• 2 Meeting Plans
• Draft and Final Meeting Materials
• 2 Meeting Handouts (11x17, full- color)
• 6 Informational Boards (30x40, full- color)
• 2 PowerPoint Presentations and Scripts
• 2 Base Maps (30x40, full- color)
• 2 Sign -in Sheets
• 2 Comment Forms
• 1 Public Forum Registration Cards
• 1 Survey
• 2 Public Meeting Summaries
• 1 Legal Transcription
• City will develop, provide, and maintain list of community coalition groups and
contact list for mailings
• HDR will provide final electronic documents for all mailings.
Attachment 1 - Page 4
Taft Speedway Flood Mitigation Alternatives Study Contract
• The City will print, pay for postage and distribute all mailings.
• City will distribute all media and pay for placements of ads.
• HDR will print all meeting materials.
• HDR will subcontract with a local Court Reporter for Public Meeting #1.
• The City will provide an electronic signature for the identified project representative.
TASK 300 - ENVIRONMENTAL AND ARCHEOLOGICAL REVIEW
Task Objectives: Perform environmental and archeological reviews.
HDR Activities: HDR will complete an Environmental and Archaeological Review. The environmental
review will consist of an initial review of environmental resources to determine potential
environmental issues affecting development of the proposed alternatives, in accordance
with 24 Code of Federal Regulations (CFR) 58.
Task 310 Environmental Review. The environmental review will consist of desktop
analyses.
Task Deliverables:
Key Understandings:
Subtask 310.1 Database Search. Conduct a desktop analysis of project compliance with
statutes, regulations, executive orders and policies cited at 24 CFR 58.5, using the
Determination of Level of Review as a guide. The desktop review would include an
analysis of the resources listed in 24 CFR 58.5 (specific elements include cultural and
historic resources, wetlands and waters of the United States, sole source aquifers,
endangered species, wild and scenic rivers, air quality and noise, farmlands, HUD
standards, and environmental justice). The environmental review would identify resources
where further coordination with Federal and state agencies would be required and
determine the possible environmental documentation required to complete the proposed
project.
Task 320 Archaeological Review. A database search will be conducted and consist of
identifying potential historic and archaeological resources in the study area.
Subtask 320.1 Database Search. Conduct an archaeological desktop nalysis through
database research and coordination with the Iowa Department of Economic Development.
This coordination will determine the extent of recent surveys performed for other projects
and the need for further surveys. Identified resources from past surveys in the vicinity of
the project will be summarized.
Task 330 Environmental Memorandum. Prepare a memorandum documenting
environmental issues for consideration and use in alternative screening and findings of
archaeological database search survey. Information from this task will be used to identify
`fatal flaws' that prohibit an alternative or will require modification of an alternative.
Subtask 330.1 Draft Memorandum. Prepare draft memorandum.
Subtask 330.2 Final Memorandum. Incorporate review comments and prepare final
memorandum.
• Draft and Final Environmental Memorandum
• The feasibility study itself is exempt from NEPA review requirements
Taft Speedway Flood Mitigation Alternatives Study Contract
Attachment 1 - Page 5
NEPA document for the project is not included in this initial scope.
HDR personnel involved in the Environmental and Archaeological Review would
include four specialists (a human and physical environment specialist, a natural
resource specialist, a NEPA specialist, and a cultural resource specialist).
It is assumed that the environmental and archaeological reviews would be completed
in approximately one to two months.
TASK 400 - ALTERNATIVE REFINEMENT /DEVELOPMENT
Task Objectives: Develop list of alternatives
HDR Activities: Task 410 List of of Alterntives. Following the first public meeting, HDR will prepare
initial list of alternatives based on the review of background data and site constraints, and
discussions from the public meeting. Initial list of alternatives will be submitted to City for
review. A maximum of 10 alternatives is anticipated in development of the fee estimate.
Task 420 Alternative Development and Screening. Following comments on initial list
from the City, alternatives will be defined at a conceptual level to allow qualitative
comparison of alternatives The primary screening criteria for this effort will be based on
fatal flaws, general project feasibility, and ability of project to meet project goals.
Task Deliverables:
Task 430 Workshop 1. A working meeting (Workshop 1) will be held with City staff to
screen alternatives. HDR will prepare tools and information used in support of the
workshop, which includes:
• One PowerPoint Presentation
• Two Base Maps (30x40, full- color)
• Meeting Agenda
Subtask 430.1 Pre - Workshop Preparation. Prepare a draft of the completed initial draft
of the screening results and submitted one week prior to Workshop 1.
Subtask 430.2 Workshop 1. Discuss initial screening results. Potential refinements will be
identified and discussed.
Subtask 430.3 Post - Workshop Activities. HDR will provide a meeting workshop
summary, which will include:
• Draft and Final Meeting Minutes
• Draft and Final alternative screening results
• Intial alternative criteria lists
• Draft and Final Workshop Materials
• PowerPoint Presentation
• 2 Base Maps (30x40, full- color)
• 1 Meeting Agenda
• Draft and Final Workshop Summary
• Draft and Final screening results
Key Understandings:
• Alternatives will be defined to general conceptual level to allow screening based on
general feasibility, fatal flaw analysis, and ability to meet project goals.
• HDR will print Workshop Materials.
• The City of Iowa City will identify and secure Workshop meeting location,
coordinate refreshments and/or meals, identify City participants and send invitations.
• Workshop is anticipated to be half day
• Fee estimate based on attendance by 3 HDR professionals (project manager and two
engineers.
Attachment 1 - Page 6
Taft Speedway Flood Mitigation Alternatives Study Contract
TASK 500 SCREENED ALTERNATIVE ANALYSES
Task Objectives: Conduct further evaluation of the screened alternatives (maximum of 3 alternatives
assumed in scope and fee development) resulting from Task 400.
HDR Activities: Task 510 Screened Alternative Analyses. The screened alternative concepts will be
refined to allow further evaluation. Alternatives will still be conceptual in detail, but with
sufficient definition to allow approximate quantitative comparisons to screening criteria
developed in conjunction with the City and considering input from Public Meeting 1.
Criteria may include elements such as:
• Existing infrastructure impacts
• Utility impacts
• Technical feasibility
• Level of protection provided
• Floodplain impacts (immediate area and cumulative)
• ROW constraints and requirements
• Social and Environmental Impacts
• Floodplain and flood insurance impacts
• Residence ingress and egress
• Coordination/impacts with adjacent infrastructure projects
Costs
• Potential funding sources
Subtask 510.1. Analyses Refinement. Project components and potential impacts will be
refined for the screened alternatives. Cost estimates with contingencies will be developed
for each screened alternative. Simple metric for normalizing costibenefit comparison will
be developed (i.e. cost/total appraised valuation protected) It is anticipated this effort will
involve civil, hydraulic, transportation, economic, geotechnical, and structural technical
disciplines.
Subtask 510.2 Screening Matrix. Screening matrix will be developed in concert with City
staff.
Task 520 Workshop 2. A working session (Workshop 2) will be held with City staff
where the final screening matrix will be completed and reviewed.
Subtask 520.1 Pre - Workshop Preparation. Prepare a draft of the completed screening
matrix and submitted to City one week prior to Workshop 2. HDR will prepare tools and
information used in support of the workshop, which includes:
• One PowerPoint Presentation
• Three Base Maps (30x40, full- color)
• Meeting Agenda
Subtask 520.2 Workshop 2. Discuss screened alternative evaluation and screening results,
potential refinements /comments, and planning for final public meeting.
Subtask 520.3 Post - Workhop Activities. HDR will provide a meeting workshop
summary, which will include:
• Draft and Final Meeting Minutes
• Sign -in Sheet
Task Deliverables: Final Workshop Materials
• PowerPoint Presentation
Attachment 1 - Page 7
Taft Speedway Flood Mitigation Alternatives Study Contract
3 Base Maps (30x40, full- color)
Meeting Agenda
Draft and Final Workshop Summaries
Draft and Final Alternative Screening Matrices
Key Understandings:
• HDR will print all Workshop Materials.
• Hydraulic profile and flooding depth information will be provided by HR Green for
the Iowa River for each of the alternatives.
• The City of Iowa City will identify and secure Workshop meeting location,
coordinate refreshments and/ or meals, identify City participants and send
invitations.
• Workshop is anticipated to be half -day
• Fee estimate based on attendance by 3 HDR professionals (project manager, and two
engineers).
TASK 600 DOCUMENTATION
Task Objectives: Document evaluations and findings of the Taft Speedway flood mitigation study.
HDR Activities: Task 610 Report Preparation. Final documentation of the project activities will be
prepared and include: environmental technical memorandum, alternative screening
evaluation and results technical memorandum,, screened alternative evaluation and results
technical memorandum, public meeting and public involvement summaries, and supporting
technical appendices.
Subtask 610.1 Draft Report. Prepare draft report.
Subtask 610.2 Final Report. Incorporate review comments and prepare final report.
Task Deliverables:
• Draft and Final Report
Key Understandings:
• 2 hard copies and one electronic copy (pdf format) of draft and final report
documentation will be provided to City.
TASK 700 COORDINATION WITH OTHERS
Task Objectives: Coordinate Taft Speedway study efforts with adjacent and associated project efforts.
HDR Activities: Task 710 Coordination. Flood mitigation and related infrastructure projects are occurring
that are associated with the Taft Speedway project. Two primary coordination efforts have
been identified. The first is the Dubuque Street improvement project in the immediate
vicinity of the project area. The second is the hydraulic modeling of the Iowa River for the
greater Iowa City urban corridor.
Subtask 710.1 Dubuque Street Coordination. Coordination with City staff and City
consultant for exchange of project information that includes:
• Dubuque Street plan and profile data (existing and proposed, if available)
• Environmental data
• Topographic data
• Geotechnical information
Coordination of public meetings and outreach efforts
Taft Speedway Flood Mitigation Alternatives Study Contract
Task Deliverables:
Subtask 710.2 Hydraulic Modeling Coordination. Direct coordination with HR Green
will be required to implement proposed alternatives into the HEC -RAS model to predict
potential impacts on system hydraulics as well as impacts to water surface profiles and
adjacent properties such as Parkview Terrace neighborhood.
• Data requests and responses to requests
• Alternative configurations (concepts) in plan view with typical sections for inclusion in
the hydraulic model
• Correspondence
Key Understandings:
• Data requests and responses to data requests will be routed through City Project
Manager.
Attachment i - rage Y
Taft Speedway Flood Mitigation Alternatives Study Contract
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EXHIBIT A
Special Conditions
Supplement for all CDBG Contracts and Agreements
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. 740 1 et Violations shall be
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.).
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 contract or 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 a rate 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 all 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
rti
The federally- assisted construction contractor cefies 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).
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
5
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 not 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.
8
(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 discharged 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 Labor withhold or cause to be
withheld, from any moneys payable on account of work performed 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 subcontractors 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 binding 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:
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.
c. 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."
14) Prevailing Wage — See insert if applicable.
City of Iowa City
MEMORANDUM
DATE:
June 27, 2011
TO:
Tom Markus, City Manager
FROM:
Ron Knoche, City Engineer
RE:
Taft Speedway Flood Mitigation Study
In October of 2010, the CDBG Disaster Recovery Program announced Iowa City would
receive funding to construct three levee projects: the West Side Levee, the East Side
Levee and the Taft Speedway Levee. With the announcement of the funding, some
residents in the Taft Speedway and Park View Terrace neighborhoods asked for a
further study of the viability of the Taft Speedway Levee. They had concerns with the
effects the levee would have on their neighborhoods.
In February 2011, the national HUD Disaster Recovery Office asked Iowa City to address
these concerns and provide additional information regarding the effects of the Taft
Speedway Levee on residents living along Taft Speedway and neighborhoods upstream. In
April 2011, the City published a request for proposals for the Taft Speedway Flood
Mitigation Study. The City received five proposals. After reviewing the proposals and
interviewing three consultants, staff agreed HDR, Inc. of Omaha, Nebraska would be the
best consultant to perform the study.
Iowa City will hire a consultant to perform professional engineering services necessary
to conduct the Taft Speedway Flood Mitigation Study. The study will address public
concerns through public meetings, develop a list of flood protection alternatives for that
area based on public comments and concerns and review and prioritize screened
alternatives based on flood modeling data, cost - benefit analyses and impacts to citizens.
A final report will be developed that outlines the most feasible flood mitigation
alternatives and any other recommendations. The report will be presented to Council
when complete.
Staff recommends the approval of the consultant agreement with HDR, Inc. at the July
5'h meeting. The fee for the negotiated scope of services is $84,550 and will be funded
by IDED through the CDBG program.
cc: Rick Fosse, Public Works Director
David Purdy, Flood Recovery Specialist
Jason Reichart, Special Projects Engineer
CONSULTANT AGREEMENT
THIS AGREEMENT, made and tered into this day of
by and b e een the City of Iowa City, municipal corporation, hereinafter
referred to as the City and HD Engineering Inc., of Oma7 Nebraska, hereinafter referred to as
the Consultant.
WHEREAS, the Taft Speedway' eighborhood experieny ed significant flooding in 2008 inundating
Foster Road and preventing access to the Peninsula Ada and City water wells.
WHEREAS, the City of Iowa City hired Stanley Cop *sultants to draft a report that would evaluate
potential flood protection options for the Taft Speedway and Parkview Terrace Neighborhoods.
WHEREAS, in October of 2010 the QDBG D,rsaster Recovery Program announced Iowa City
would receive funding to construct the Taft Speedway Levee.
WHEREAS, the residents in Taft Speed'"y and Parkview Terrace neighborhoods requested
further study of the viability of the Taft Speedway Levee and the impacts it would have on their
neighborhoods.
WHEREAS, the national HUD Disaster Recovery Office required Iowa City to address the
concerns of Taft Speedway and Parkview Terrace residents and provide additional information
regarding the effects the Taft Speedway Levee wd°uld have on them.
WHEREAS, the City of Iowa City issued a public Ruest for Qualifications, interviewed three of
the five total applicants and chose HDR Inc. for contr�ct negotiations based on their approach to
public engagement and experience on similar projects.
WHEREAS, the City of Iowa City has negotiated an Agrment for said consulting services with
HDR Engineering Inc.; and
NOW THEREFORE, it is agreed by and between the pa \in. o that the City does now
contract with the Consultant to provide services as set forth hI. SCOPE OF SERVICE S
Consultant agrees to perform the following services for thd to do so in a timely and
satisfactory manner.
A. Project Management
1. Meetings
This task will include coordination between the City and Con Itant necessary to
develop project milestones and guidelines, review and refine key issues and
provide updates on project activities.
2. Data Collection
This task provides information necessary to perform the study and includes the
compilation and review of existing data that will be used in the study such as site
studies and data, mapping information, environmental data, etc.
B. Public Engagement
1. Public Meeting Ian and Schedule
This task will indlude the development of materials and logistics necessary for
public meetings, as well as define milestones for material production, mailings, and
notifications.
2. Media Plan
This task will involve planning for the distribution or publication of information
regarding study activities, public meetings and findings.
3. Public Meeting 1
This task will involve the production of materials and staff necessary to
administrate a public meeting. The initial meeting will provide the public with
information on the study purpose, scope and schedule. This meeting will also
serve as a public forum to collect' input from the public on the project. The
Consultant will be responsible for recording all meeting minutes.
4. Public Meeting 2
This task will involve the production of materials and staff necessary to
administrate a public meeting. The second public meeting will provide the public
with information on the analyses conducted, results and feasible flood mitigation
alternatives. Public input will once ',again be collected at this meeting. The
Consultant will be responsible for recording all meeting minutes.
C. Environmental and Archeological Review
Environmental Review %
,0.
This task will,involve database research ,a nd review of potential environmental
resources in,,*. the project vicinity for conside ation in evaluating the various flood
mitigation alternatives.
2. Archeological Survey
This task will involve database research and view of potential archeological
resources in the project vicinity for consideration in evaluating the various flood
mitigation alternatives.
D. Alternative Refinement and Development
1. Alternative Development
s�
This task will i ude the development of in
based on gen ral feasibility and ability to me
2. Workshop 1
This task will in6ve a Project Team M etl
initial screening results.
r�
E. Screened Alternative Analyses
1. Analyses Refinement.
ial list of alternatives to be screened
t project goals.
ng to review various alternatives and
This task will involve further analys,i§ of up to three screened alternatives to allow
comparisons with defined screening criteria, feasibility and ability to meet project
goals.
2. Workshop 2
This task will involve an additional Project Team meeting to review the analysis of
screened alternatives and results of the study.
F. Final Report Preparation
This task will include the preparation, of draft and final documentation of study results
and recommendations.
G. Coordination with Others
This task will include coordination with ongoing hydraulic modeling efforts of the Iowa
River and other infrastructure projects in this project vicinity.
H. Additional Services
Additional Services are not included in°a this
Supplemental Agreement, the CONSULTANT
the following services
t
A detailed scope of services can be found in Attachment 1\
Consultant agrees to perform all services described above an
satisfactory manner.
II. TIME OF COMPLETION
contract. If authorized under a
shall furnish or obtain from others
:ached and incorporated herein.
in Attachment, 1 in a timely and
The Consultant shall complete the following phases of the Proj ct in accordance with the
schedule shown. Work will begin within seven days of the execution o this agreement.
Public Meeting #1
July 19, 2011
Workshop #1
August 19, 2011
Workshop #1
August 19, 2011
Public Meeting #2
October 19, 201
Draft Documentati n
November 2, 20
Final Documentatio
November 9, 20
III. GENERAL TERMS
A. The Consultanta�shall not commit any of the following employment practices and
agrees to prohibit the following practic s in any subcontracts.
\
1. To discha* or refuse to hO 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 b cause of :their race, color, religion, sex, national origin,
disability, age, narital status, gender identity, or sexual orientation.
.1
B. Should the City terminate this Agreement, the Consultant shall be paid for all work
and services performed u to the time of termination. However, such sums shall
not be greater than the "I p sum" amount listed in Section IV. The City may
terminate this Agreement uon seven (7) calendar days' written notice to the
Consultant. \
C. This Agreement shall be bindin upon the successors and assigns of the parties
hereto, provided that no 'assign ent shall be without the written consent of all
Parties to said Agreement.
D. It is understood and agreed that the etention of the Consultant by the City for the
purpose of the Project shall be a an independent contractor and shall be
exclusive, but the Consultant shall ha a the right to employ such assistance as
may be required for the performance of a Project.
E. It is agreed by the City that all records and iles pertaining to information needed by
the Consultant for the project shall be a ilable by said City upon reasonable
request to the Conrsultant. The City agrees furnish all reasonable assistance in
the use of these records and files.
F. It is further agreed that no Party to this Agree nt shall perform contrary to any
state, federal, or local law or any of the ordinances f the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall atten meetings of the City Council
relative to the work set forth in this Agreement. Any equests made by the City
shall be given with reasonable notice to the Consultant t assure attendance.
H. The Consultant agrees to furnish, upon termination of thi Agreement and upon
demand by the City, copies of all basic notes and sketches, harts, computations,
and any other data prepared or obtained by the Consulta t 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 documeits on other projects.
The Consultant grees to furnish all reports, specifi ations, and drawings, with the
seal of a prof ssional engineer affixed thereto or uch seal as required by Iowa
law.
J. The City agr In tender the Consultant all fe s in a timely manner, excepting,
however, tha e of the Consultant to satisf torily perform in accordance with
this Agreemall constitute grounds fort City to withhold payment of the
amount suffto properly complete th Project in accordance with this
Agreement.
K. Should any of this Agreement bO found invalid, it is agreed that the
remaining portion hall be deemed severale from the invalid portion and continue
in full force and effect.
L. Original contract dra�ings shall become the property of the City. The Consultant
shall be allowed to ket�p mylar reproducible copies for the Consultant's own filing
use.
M. Fees paid for securing approval off)authorities having jurisdiction over the Project
will be paid by the City.
N. Upon signing this agreemen� Consultant acknowledged that Section 362.5 of the
Iowa Code prohibits a City o cer or employee from having an interest in a contract
with the City, and certifies that o employee or officer of the City, which includes
members of the City Council a City boards and commissions, has an interest,
either direct or indirect, in this a eement, that does not fall within the exceptions to
said statutory provision enuMerat d in Section 362.5.
O. The Consultant agrees at all times aterial to this Agreement to have and maintain
professional liability insurance c vering the Consultant's liability for the
Consultant's negligent acts, errors ',-rd omissions to the City in the sum of
$1,000,000.
IV. COMPENSATION FOR SERVICES
Consultant shall perform the Scope of Services for a fee
breakdown of this fee is described in Attachment 2, attach
V. MISCELLANEOUS
to exceed $84,550. A general
and incorporated herein.
A. All provisions of the Agreement shall be reconcilN in accordance with the
generally accepted standards of the Engineering Profes N n.
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:
Title:
Date:
ATTEST:
Attorney's Office
pw\forms \co nsag mt.frm
The purpose of this effort is to conduct
Iowa City, Iowa (City). In January 200'
alternatives for the Idyllwild neighborh
Study (FIS). Using Stanley's report as a
techniques and the overall impact each
soliciting, reviewing, and discussing tl
archaeological site studies; evaluating a
— Taft
feasibility study of flood mitigation alternatives in the Taft Speedway area in
Stanley Consultants developed a report evaluating potential flood protection
A at the 100 -year and 500 -year flood levels per the FEMA Flood Insurance
:arting point, this effort will evaluate the feasibility of various flood mitigation
,chnique would have on the residents of Taft Speedway. Work will include;
z environmental impacts of alternatives with the public; environmental and
-natives; and issuing a final report.
The scope of work is segmented into seven
Task Series 100 —
Project Management, Kickbl
Task Series 200 —
Public Engagement
For City of Iowa City
tit �a''A►� amp °�
Task Series 400 —
Alternative Refinement/Devi
Taft Speedway Flood Mitigation Study
CITY OF IOWA CITY
Iowa City, IA
Final Report Documentation
ENGINEERING PROPOSAL
HR I ONE COMPANY
Many Solutions"
Attachment 1
The purpose of this effort is to conduct
Iowa City, Iowa (City). In January 200'
alternatives for the Idyllwild neighborh
Study (FIS). Using Stanley's report as a
techniques and the overall impact each
soliciting, reviewing, and discussing tl
archaeological site studies; evaluating a
— Taft
feasibility study of flood mitigation alternatives in the Taft Speedway area in
Stanley Consultants developed a report evaluating potential flood protection
A at the 100 -year and 500 -year flood levels per the FEMA Flood Insurance
:arting point, this effort will evaluate the feasibility of various flood mitigation
,chnique would have on the residents of Taft Speedway. Work will include;
z environmental impacts of alternatives with the public; environmental and
-natives; and issuing a final report.
The scope of work is segmented into seven
Task Series 100 —
Project Management, Kickbl
Task Series 200 —
Public Engagement
Task Series 300 —
Environmental Review and)
Task Series 400 —
Alternative Refinement/Devi
Task Series 500 —
Screened Alternative Analys
Task Series 600 —
Final Report Documentation
Task Series 700 —
Coordination with Others
series:
Meeting and Background Data Review
Jcal Survey
and Screening
The HDR Team proposes to provide the following p fessional services.
TASK 100 — PROJECT MANAGEMENT, KIC FF MEETING AND BACKGROUND DATA REVIEW
Task Objectives: Coordinate work effort, ad inister contract, conduct kickoff meeting, and assemble
background project informatio .
HDR Activities: Task 110 Project Mana emen Conduct general project management tasks. Includes
development of project initiation forms including the development of a project guide,
monthly invoicing, monthly pro ess reports, project close out activities and other
administration project activities.
�k 120 Meetings. Conduct coordin tion meetings to discuss Project tasks and present
i" findings. A kick -off meeting and six con rence call/net meetings are planned.
Subtask 120.1 Kick -off Meeting. Condu a kickoff meeting teleconference where HDR
and City staff will review and refine the key is es identified above, the approach to address
them, previous study and analyses, and finalizo.the approach to public engagement. An
agenda will be prepared prior to the meeting and meeting minutes prepared after the
meeting.
Subtask 120.2 Coordination Conference Calls. Periodic coordination conference calls
will be City PM will be conducted to provide updates /coordinate project activities. A total
of 3 conference calls are planned.
Attachment 1 - Page I
Taft Speedway Flood Mitigation Alternatives Study Contract
Task Deliverables:
Key Understandings:
Task Objectives:
HDR Activities:
Task 130 Data Collection. This task provides the information necessary to perform the
study. All reasonable efforts shall be made to avoid duplication of work by using valid
existing information.
Subtask 130.1 Gather and Review Existing Data. HDR will collect and review existing
data from the City and other identified sources:
• 2009 Iowa City Study prepared by Stanley
• Iowa Ri regulatory floodplain model data
• GIS ape files
• Ae ial mapping
• T ographic mapping/DEM data I
• A ailable geotechnical /geologic data for oject area
• P cel data and assessed property values
• Priect area demographic information //
• Pas>.correspondence /meeting transcrip'Es
Subtask 130.2;Create Base Map. Use topographic mapping and GIS shape file coverages
to create base mapping of the project area./
Subtask 130.3 Site Reconnaissance. /Conduct a site reconnaissance of the study area.
Site photographs v ill be taken. Ve cular traffic will be restricted to public roadways.
Identify probable impact areas. Cat og photographs and summarize data collected during
the site reconnaissance.
l
• Monthly`jnvoic 's and progress reports
• Meeting a' en and meeting minutes
• Base mapoi from subtask 130.2
• Kick -off ` eeng will be held at the offices of the City
• New daia coil ction efforts (topographic survey, subsurface investigation,
utility survey, etc.) are not included in this scope of work, but could be
addeyt�through 4mract amendment as additional services.
II �
1° x
TASi 200 - PUBLI( ENGAGEMENT
Facilitate andkianage three propoked public meetings
Task 210 9 ommunity Coalition Engagement Opportunities. HDR will prepare material
to engaged community groups identifiiad by the City to engage them in the study process.
HDR wip prepare content for communication with these groups. Communication methods
include
• Direct mail informational letter
Informational posters (11x17, full- color)
• Flyers (8 '/2 x 11, full- color)
Task 220 Public Meeting Plan Schedule. HDR will provide a content development and
production schedule that includes planning, outreach (media release, advertisement,
invitation mailing, web publishing, social media promotion, logistical planning, etc.), and
wrap -up activities. This schedule will be updated to reach the needs of each public
engagement milestone.
Attachment 1 - Page 2
Taft Speedway Flood Mitigation Alternatives Study Contract
Task 230 Public Meeting Tools.
Subtask 230.1 Web Content. HDR will provide project information to be published on
the City's website by the City, as well as project informatio to be pushed out on existing
City Twitter and Facebook sites, if applicable. Project specifi website and social media can
be developed as an amendment to this scope. f
Subtask 230 Mailing. Electronic copy of invitation% postcards for the public meetings
will be pro ded to City to allow mailing by first cl ss mail two weeks prior to events.
Contact ma ing lists will be developed by the City tht include:
• Local Residents and Landowners ;
• Local Businesses
• Local faith -based organizations f'
• Elected Officials
• Local governmental officials'"
• Nongovernmental Organizations
• Veighborhood or Homeowners Associations
• (kommunity gathering places (schools, libraries, community centers)
Subtask 230.3 Media Plan. HDR will work with the City to develop a media plan that
identifies media o4tlets, contact information, deadlines, format/specifications, and cost.
Task 240 Public Nieetin Orientation. Orientation for the first public meeting will be
conducted at the kickoff meeting. Orientations for the second and third public meetings
will be held in conjuktion with the Workshops. Materials will be reviewed. Meeting
plan will be discussed�o identify meeting protocol, format and team roles. A code of
conduct and talking points document will be established for interacting with the public
and the press.
Task 250 Public Meeting 1. The initial public meeting will provide an overview of the
study, approach, objective and schedule. At this meeting, the public will be encouraged
to participate in a facilitate public forum format. A survey will be designed to help
gather specific community ikput on the screening criteria.
Subtask.250.1 Meeting Materials. HDR will design and produce tools used in support of
meetings, which includes:
• One Meeting Hai'dout (11x17, full- color)
• One PowerPoint presentation
• Two Base Maps (30x40, full- color)
• Sign -in Sheets
• Public Forum Registration Cards
• Survey
Subtask 250.2 Staffing. HDR will staff the public meeting with project manager, a
professional facilitator, a technical lead, and a court reporter. The City will be responsible
for all logistical activities which include securing the meeting location and refreshments.
Subtask 250.3 Post - Meeting Activities. HDR will provide a meeting summary document,
which will include:
Final Meeting Plan
Final Meeting Materials and Outreach
Legal Meeting Transcription
Attachment 1 - Page 3
Taft Speedway Flood Mitigation Alternatives Study Contract
• Summary of Survey Findings
• Sign -in Sheets
summary of the
Subtask 27 Meeting Materials. HDR will desi n and produce tools used to support or
meetings, ich includes:
Meeting Handout (11x17, full -col )
6 informational Boards (30x40, 11- color)
One PowerPoint Presentation
Sign -in Sheets
Comment Fonns
2. The second and final fiublic meeting will present a brief
screening and the analyses ff screened alternatives.
Subtask 2 0.2 Staffing. HDR will aff the public meeting with project manager, a
professiona facilitator, and a technic lead. The City will be responsible for all logistical
activities w 1!�ip ude securing th eeting location and refreshments.
Subtask 27t - Meeting A ivities. HDR will provide a meeting summary document,
which will
• l Meeting an
• l Meetin aterials and Outreach
• ment F rrns
• mary �f Comments
• -in Sheets
Task Deliverables: f
• Elect ronic doc ents of outreach tools
2 Direct Mail Invitations
o 2 Informational Posters
o Flyers
• Draft and inal Sch dule
• Pne Updat s
• Electror/c copies of P blic Meeting Tools
• Two Web C tent and Social Media Updates
Two Invitatio Postcards (4.25x5.5, full - color)
• Drafpand Final Media PI
• 2 eting Plans
• Dr ft and Final Meeting Ma erials
f • 2 Meeting Handout (11x17, full- color)
• 6 Informational Boa s (30x40, full- color)
• 2 PowerPoint Present ions and Scripts
• 2 Base Maps (30x40, fu - color)
• 2 Sign -in Sheets
• 2 Comment Forms titi
• 1 Public Forum Registration Cards
• 1 Survey
• 2 Public Meeting Summaries
• 1 Legal Transcription
Key Understandings:
• City will develop, provide, and maintain list of community coalition groups and
contact list for mailings
• HDR will provide final electronic documents for all mailings.
Attachment I - Page 4
Taft Speedway Flood Mitigation Alternatives Study Contract
• The City will print, pay for postage and distribute all mailings.
• City will distribute all media and pay for placements of ads.
• HDR will print all meeting materials.
• HDR will subcontract with a local Court Reporter or Public Meeting #1.
• The City will provide an electronic signature for t e identified project representative.
TASK 300 - ENVIRONMENTAL AND ARCHEOLOGYCAL REVIEW
Task Objectives: Perform environmental and archeologi/ae
HDR Activities: HDR ill complete an Environmentaeological Review. The environmental
review will consist of an initial reviemental resources to determine potential
environ en tal issues affecting devele proposed alternatives, in accordance
with 24 ode of Federal Regulations (Task 310 nvironmental Review. mental review will consist of desktop
analyses.
Task Deliverables:
Subtask 310. Database Search Conduct a desktop analysis of project compliance with
statutes, regula 'ons, executive orders and policies cited at 24 CFR 58.5, using the
Determination o Level of R iew as a guide. The desktop review would include an
analysis of the r
historic resources,
endangered specie
standards, and env
where further cot
determine the pos
project.
identifying
urces listed in 24 CFR 58.5 (specific elements include cultural and
wetland and waters of the United States, sole source aquifers,
wild/and scenic rivers, air quality and noise, farmlands, HUD
efttal justice). The environmental review would identify resources
d ' n with Federal and state agencies would be required and
bi renvironmental documentation required to complete the proposed
Subtask 320tl Database
database research and cool
This coordination will det(
and the need for further st
the Droiect will be summar
teview. A database search will be conducted and consist of
and archaeological resources in the study area.
h. Conduct an archaeological desktop nalysis through
n with the Iowa Department of Economic Development.
the extent of recent surveys performed for other projects
Identified resources from past surveys in the vicinity of
Task? 330 Environmental Aemorandum. Prepare a memorandum documenting
envy onmental issues for consid 4ation and use in alternative screening and findings of
archaeological database search sut ey. Information from this task will be used to identify
` fAtal flaws' that prohibit an alterna 've or will require modification of an alternative.
Subtask 330.1 Draft Memorandum\Prepare draft memorandum.
Subtask 330.2 Final Memorandum ncorporate review comments and prepare final
memorandum.
• Draft and Final Environmental
Key Understandings:
• The feasibility study itself is exempt from N A review requirements
Attachment 1 - Page 5
Taft Speedway Flood Mitigation Alternatives Study Contract
• NEPA document for the project is not included in this initial scope.
• HDR personnel involved in the Environmental and Archaeological Review would
include four specialists (a human and physical environment specialist, a natural
resource specialist, a NEPA specialist, and a cultural resource specialist).
• It is assumed that the environmental and archaeological reviews would be completed
in approximately one to two months.
TASK 400 - ALTERNA IVE REFINEMENT
Task Objectives: Develop list oWernatives
HDR Activities: Task 410 11st of of Alterntives. Following th first public meeting, HDR will prepare
initial list o4 alternatives based on the review orbackground data and site constraints, and
discussions Vorn the public meeting. Initial lis of alternatives will be submitted to City for
review. Am ximum of 10 alternatives is 7screeninpa. ipated in development of the fee estimate.
Task 420 Alt rnative Develop an Following comments on initial list
from the City, altern atives will /,a7nd fined at a conceptual level to allow qualitative
comparison of ternatives The pr screening criteria for this effort will be based on
fatal flaws, gene k] project feasibili ability of project to meet project goals.
Task Deliverables:
Task 430 Works l 1. A wor ing meeting (Workshop 1) will be held with City staff to
screen alternatives. HDR wi prepare tools and information used in support of the
workshop, which inc udes:
• One P were mt Presentation
• Two B e aps (30x40, full- color)
• Meeting Benda
Subtask 430.1 Pre- o shop Preparation. Prepare a draft of the completed initial draft
of the screening res s an submitted one week prior to Workshop 1.
Subtask 430.2 W rkshop Discuss initial screening results. Potential refinements will be
identified and di ussed.
Subtask 430 Post -Work hop Activities. HDR will provide a meeting workshop
summary, w ch will include:
• Draft and Final eeting Minutes
li Draft and Final temative screening results
• Inti 1 alternative criteria list
• Dyhft and Final Workshop aterials
• PowerPoint Presen ation
• 2 Base Maps (30x4 full - color)
• 1 Meeting Agenda
• Draft and Final Workshop Sum ary
• Draft and Final screening results
Key Understandings:
• Alternatives will be defined to gen a] conceptual level to allow screening based on
general feasibility, fatal flaw analys , and ability to meet project goals.
• HDR will print Workshop Materials.
• The City of Iowa City will identify and cure Workshop meeting location,
coordinate refreshments and/or meals, identify City participants and send invitations.
• Workshop is anticipated to be half day
• Fee estimate based on attendance by 3 HDR professionals (project manager and two
engineers.
Attachment 1 - Page G
Taft Speedway Flood Mitigation Alternatives Study Contract
TASK 500 SCREENED ALTERNATIVE ANALYSES
Task Objectives: Conduct further evaluation of the screened alternatives (maximum of 3 alternatives
assumed in scope and fee development) resulting from Task 400.
HDR Activities: Task 510 Screened Alternative Analyses. The screened alternative concepts will be
refined to alt w further evaluation. Alternatives will still be conceptual in detail, but with
sufficient efinition to allow approximate quantitative comparisons to screening criteria
developed in conjunction with the City and considering input from Public Meeting 1.
Criteria m include elements such as: j
•
Exist4 infrastructure impacts '
• Utility mpacts
• Technic 1 feasibility
• Level of rotection provided
• Floodplai impacts (immediate ar and cumulative)
• ROW cons aints and requireme s
• Social and vironmental Imp is
• Floodplain a flood insuranc impacts
• Residence ing ss and egres
• Coordination /i `pacts with djacent infrastructure projects
• Costs
• Potential funding ource
Subtask 510.1. Analys s efinement. Project components and potential impacts will be
refined for the screened ernatives. Cost estimates with contingencies will be developed
for each screened alterna ve. Simple metric for normalizing cost/benefit comparison will
be developed (i.e. cost/t to appraised valuation protected) It is anticipated this effort will
involve civil, hydrauli , tr sportation, economic, geotechnical, and structural technical
disciplines. e
Subtask 510.2 Scrning Maix. Screening matrix will be developed in concert with City
staff. r
Task 520 Wor)(shop 2. A wo mg session (Workshop 2) will be held with City staff
where the final /screening matrix w 11 be completed and reviewed.
Subtask 527.1 Pre - Workshop P paration. Prepare a draft of the completed screening
matrix and ubmitted to City one we k prior to Workshop 2. HDR will prepare tools and
informati used in support of the wor shop, which includes:
• One PowerPoint Present ion
j/ • Three Base Maps (30x40, full- color)
• Meeting Agenda
Sutl(ask 520.2 Workshop 2. Discuss screened alternative evaluation and screening results,
potential refinements /comments, and planning for final public meeting.
Subtask 520.3 Post - Workhop Activities. HDR will provide a meeting workshop
summary, which will include:
• Draft and Final Meeting Minutes
• Sign -in Sheet
Task Deliverables: Final Workshop Materials
• PowerPoint Presentation
Attachment 1 - Page 7
Taft Speedway Flood Mitigation Alternatives Study Contract
• 3 Base Maps (30x40, full - color)
• Meeting Agenda
Draft and Final Workshop Summaries
Draft and Final Alternative Screening Matrices
Key Understandings:
• HDR will print all Workshop Materials.
• Hydraulic profile and flooding depth information will be provided by HR Green for
the Iowa River for each of the alternatives.
• The City of Iowa City will identify and secure W rkshop meeting location,
coordinate refreshments and/ or meals, identify ity participants and send
invitations.
• Worksho is anticipated to be half -day
• Fee estima based on attendance by 3 H professionals (project manager, and two
engineers).
TAS 600 DOCUMENT TION
Task Objectives: Document evaluations nd findings o he Taft Speedway flood mitigation study.
HDR Activities: Task 610 Report Pre ration Final documentation of the project activities will be
prepared and include: nvir mental technical memorandum, alternative screening
evaluation and results tech i memorandum, screened alternative evaluation and results
technical memorand,Xi
m, pu c meeting and public involvement summaries, and supporting
technical appendices.
Subtask 610.1 Draft port.\ Prepare draft report.
Subtask 610.2 Final eport. Incorporate review comments and prepare final report.
Task Deliverables:
• Draft and Fifial Report
Key Understandings:
• 2 hard opies and one electro is copy (pdf format) of draft and final report
docum tation will be provided to ity.
F
T�SK 700 COORDINATION WI H OTHERS
Task Objectives: Coor4nate Taft Speedway study efforts wit adjacent and associated project efforts.
HDR Activities: Tasl�C 710 Coordination. Flood mitigation an elated infrastructure projects are occurring
th are associated with the Taft Speedway pr oje t. Two primary coordination efforts have
�n identified. The first is the Dubuque Stree improvement project in the immediate
/v /ctmty of the project area. The second is the hydr ulic modeling of the Iowa River for the
�reater Iowa City urban corridor.
Subtask 710.1 Dubuque Street Coordination. Co dination with City staff and City
consultant for exchange of project information that inclu s:
• Dubuque Street plan and profile data (ex* ting and proposed, if available)
• Environmental data
• Topographic data
• Geotechnical information
• Coordination of public meetings and outreach efforts
Attachment 1 - Page 8
Taft Speedway Flood Mitigation Alternatives Study Contract
Task Deliverables:
Key Understanding
Subtask 710.2 Hydraulic Modeling Coordination. Direct coordination with HR Green
will be required to implement proposed alternatives into the HEC -RAS model to predict
potential impacts on system hydraulics as well as impacts to water surface profiles and
adjacent properties such as Parkview Terrace neighborhood.
liew with typical sections for inclusion in
will be routed through City Project
Attacnment t - rage Y
Taft Speedway Flood Mitigation Alternatives Study Contract
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Marian Karr
From: MADSO @aol.com
Sent: Friday, July 01, 2011 9:54 AM
To: Council
Subject: Oppose Taft Speedway Flood Mitigation
I am writing to oppose the city signing a contract to evaluate the
feasibility of flood mitigation on Taft Speedway. The City Council protecting
one set of neighbors and leaving others on the wet side of a levee is wrong.
Many of the Idyllwild condos now have rental permits and the occupants would
have moved in after and knowing of the flood of 2008 so you would be
providing protection to speculative investors. Using the levee to provide a
secondary access into the Peninsula development is also wrong. Raising
Foster Road is a more environmentally friendly solution that is far less
expensive for taxpayers. The Idyllwild owners and board of directors can
purchase flood insurance to ensure their protection. Please exercise good
common sense and say no to this government boondoggle.
Thank you,
Madonna White
204 Dartmouth Street
Iowa City, Iowa
319 - 354 -5241
-0e/3
Marian Karr
From: beckyhallO @aol.com
Sent: Friday, July 01, 2011 11:05 PM
To: Council
Iowa City Council,
"I am writing to oppose the city signing a contract to evaluate the feasibility of flood mitigation on Taft
Avenue. We don't want a levee pushing water over into Parkview Terrace. The City Council
protecting Idyllwild at the expense of the Parkview Terrace and the Taft Speedway residents is
wrong. Many of the Idyllwild condos now have rental permits, and the occupants would have moved
in knowing of the flood of 2008. Using the levee to provide a secondary access into the Peninsula
development is also wrong. Raising Foster Road is a more environmentally friendly solution that is
far less expensive for taxpayers. The Idyllwild owners and board of directors can purchase flood
insurance to ensure their protection. Please exercise good common sense and say no to this
government boondoggle. "
Becky Hall
809 Eastmoor Dr.
VrI3
Marian Karr
From: MurphyGeerdes <mg9425 @mchsi.com>
Sent: Friday, July 01, 2011 7:12 PM
To: Tom Markus; mhayek @hhbmlaw.com; Rick Fosse; Ron Knoche; director @iowa.gov; Council
Cc: 'Plunkett, Amanda B'; 'Gary Sanders'; wtaylorlaw @aol.com; delholland @aol.com;
cothern.joe @epa.gov; 'Joel Wilcox'; 'Carol Seydel'; 'Gary and Sue Davisson'; 'Guy and Ruth
Smith'; 'hawkeye construction'; 'Jennifer Seydel'; 'JJ White'; 'John S. Chase'; 'Lee Seydel'; 'lois
gerard'; Jason Reichart; 'Lyle Seydel, Jr.'; 'Madonna Seydel'; 'Mark Phelps'; 'Ned Giles'; 'Ray
Scott'; Paul.F.Mohr @hud.gov; Joseph.Bohlke @iowa.gov; 'Scott'; 'wilcoxfam4';
John.G.Betker @usace.army.mil; beckyhallO @aol.com; dmfretired @earthlink.net;
jon.ozeroff @gmail.com; louisewolfnovak @ gmail.com; sryang51 @gmail.com;
thomas.a.novak @gmail.com; Andrea Emry; Ann Nevin; Chas327 @hotmail. com; Cliff Pirnat;
Dick & Penny Watson; gdallan @yahoo. com; gniemiec @gmail. com; jell mehring;
joeywalker @mchsi.com; Jones @cs. uiowa. edu; Joni Kinsey; Joye McKusick; Laurel Bar;
Ibroffitt @juno.com; Linda & Ben Kopelman; mark kenaston; Nan Carlson; Nancy Lane- gipson;
Richard and Estyl Breazeale; Sally & Tim Strang; Sharon Pirnat; Wayne Fields
Subject: Taft Speedway Levee Study
Attachments: 110603 letter from Hud's Kovar p1.jpg; 110603 letter from Hud's Kovar p2..jpg; 2011 -07 -05
Agenda Packet Taft Consultant.pdf; TaftSpeedwayRFQ- Feasability (2).pdf
Dear Iowa City Staff and Council Members,
Thank you for including Ron Knoche's memorandum to Tom Markus dated June 27, 2011, in the Iowa City Council's
agenda /information packet for the Council's July 5th meeting. Unfortunately, the proposed contract between Iowa City
and HDR, Inc. does not address the concerns of Parkview Terrace. The scope of the proposed contract (Page 1 of
Attachment 1) limits the consultant's duties to "evaluate the feasibility of various flood mitigation techniques and the
overall impact each technique would have on the residents of Taft Speedway."
The scope of the contract must be expanded to specifically require a determination of the effect on Parkview Terrace.
Please make the necessary revisions before voting on this matter.
I would also note that there seems to be a discrepancy in the amount of money this study will cost. Item 13 of the
agenda states the "total cost of engineering services is $112,832" and the June 27, 2011 memorandum states that the
"fee for the negotiated scope of services is $84,550 ...." I am curious about the reason for this discrepancy?
Thank you.
Mary
Attachments:
Letter (pages 1 & 2) dated Jun 3, 2011, from Peter A. Kovar, Assistant Secretary for Congressional and Intergovernmental
Relations
July 5, 2011, Iowa City Council Agenda excerpts including Copy of Item #13, Ron Knoche memo to Tom Markus dated
6/27/11, and Consultant Agreement (including Attachment 1)
Iowa City's RFQ Taft Speedway Mitigation Study dated April 13, 2011 (also did not include specific impact on Parkview
Terrace)
Mary Murphy
890 Park Place
Iowa City, Iowa 52246
3191354 -2375
mq9425@mchsi.com
202 7085652 SUPPLY DISTRIBUTION 12:30:25 p.m. 06 -06 -2011 2/3
oa. ,µEr DR�Dw
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
* t * WASHINGTON, DC 20410 -1000
��N DER'D
ASSISTANT SECRETARY FOR CONGRESSIONAL
AND INTERGOVERNMENTAL RELATIONS
The Honorable Charles Grassley JUN 0 3 2011
United States Senator
150 1" Avenue NE, Suite 325
Cedar Rapids, IA 52401
Dear Senator Grassley:
Thank you for your letter of April 26, 2011, regarding the use of Community
Development Block Grant (CDBG) disaster recovery funds awarded to the State of Iowa.
Specifically, your constituent, Ms. Mary Murphy, was concerned about the construction of
several flood mitigation efforts and their impact on affected residents and the environment.
On May 18, 2011, officials from the Iowa Department of Economic Development (IDED),
the agency responsible for administering this funding, met with city staff from Iowa City and
Coralville to discuss issues raised by Ms. Murphy in a previous email sent to the Environmental
Protection Agency (EPA). Staff from each city will research and follow up with detailed responses
to Ms. Murphy's comments to the EPA officials no later than June 30, 2011. HUD will be copied
on those responses.
While IDED has approved funds for the levee or floodwall projects referenced in the letter,
funds have not been released for those projects. Moreover, those projects already approved for
reimbursement by IDED have not been disapproved. For example, funds to be awarded to Iowa
City for the proposed levee on Taft Speedway Street will not be rescinded, but will be restricted to
the procurement of an independent consulting firm to thoroughly analyze the impacts of the
proposed levee and identify possible alternatives. Iowa City has been actively engaged in procuring
such a firm, and hopes to finalize it selection within the next several weeks. Once the firm
completes its analysis, HUD and IDED expect the study to communicate accurate impacts of the
proposed projects to all households that may be affected in this portion of the watershed. In
addition, the study will evaluate the impacts of raising (and not raising) the Park Road bridge.
Finally, Ms. Murphy references OMB Circular A -87 and the requirement that federal
funds be spent in a necessary and reasonable manner. As the administrator of these funds, the
state is responsible for ensuring that the cities comply with this requirement. If the state has any
doubts that the cities are not complying with this requirement, the State can require additional
information and documentation from the city actually implementing the project. In those
circumstances where this documentation is lacking, HUD may require reimbursement of CDBG
program funds.
wwwlud.gov espanol.hud.gov
202 7085652 SUPPLY DISTRIBUTION 12:30:42 p.m. 06 -06 -2011 3/3
2
1 hope this information is helpful in responding to your constituent. Please let me know
if 1 can be of further assistance.
Sincerely,
Peter A. Kovar
Assistant Secretary for Congressional
and Intergovernmental Relations
July 5, 2011
City of Iowa City Page 10
ITEM 12. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE
TRRUCCTION OF HE FY 2012 CITY ASPHALT RESURFACING PROJECT.
CONS FOR
CONS
Comment: Bids for this project were opened on Friday, June 24, 2011 and the
following bid was received:
LL Pelling Co. North Liberty, IA $ 717,737.10
Engineer's Estimate $ 779,000.00
Public Works and Engineering recommended award of the contract to LL Pelling
Company of North Liberty, Iowa. The project will be funded with Iowa DOT 3R funds,
Road Use tax proceeds, Wastewater revenues, and General Obligation bond
proceeds.
Action:
ITEM 13. CONSIDER A 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 HDR INC. TO PROVIDE
ENGINEERING CONSULTANT SERVICES FOR THE TAFT SPEEDWAY FLOOD
MITIGATION STUDY PROJECT.
Comment: This agreement authorizes HDR Inc. to provide professional engineering
services to conduct the Taft Speedway Flood Mitigation study. The total cost of
engineering services is $112,832 and will be funded by Community Development Block
Grant issued by IDED.
Action:
ITEM 14. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A GRANT AGREEMENT WITH JOHNSON COUNTY FOR
FUNDS TO SUPPORT THE IOWA CITY /JOHNSON COUNTY SENIOR CENTER.
Comment: This resolution approves a one -year grant agreement for $70,000 from
Johnson County to assist with the operating expenses of the Center. The County has
provided $75,000 in annual assistance in recent years but this is the first year the
County is distributing the funds pursuant to a grant agreement. The funds will be used
to support operations, such as community outreach programming, Senior Center
Television, and the senior nutrition and home delivered meal program serving older
adults throughout the county. The grant agreement is attached to the resolution.
Action:
City of Iowa City
MEMORANDUM
DATE: June 27, 2011
TO: Tom Markus, City Manager
FROM: Ron Knoche, City Engineer
RE: Taft Speedway Flood Mitigation Study
In October of 2010, the CDBG Disaster Recovery Program announced Iowa City wuuiu
receive funding to construct three levee projects: the West Side Levee, the East Side
Levee and the Taft Speedway Levee. With the announcement of the funding, some
residents in the Taft Speedway and Park View Terrace neighborhoods asked for a
further study of the viability of the Taft Speedway Levee. They had concerns with the
effects the levee would have on their neighborhoods.
In February 2011, the national HUD Disaster Recovery Office asked Iowa City to address
these concerns and provide additional information regarding the effects of the Taft
Speedway Levee on residents living along Taft Speedway and neighborhoods upstream. In
April 2011, the City published a request for proposals for the Taft Speedway Flood
Mitigation Study. The City received five proposals_ After reviewing the proposals and
interviewing three consultants, staff agreed HDR, Inc. of Omaha, Nebraska would be the
best consultant to perform the study.
Iowa City will hire a consultant to perform professional engineering services necessary
to conduct the Taft Speedway Flood Mitigation Study. The study will address public
concerns through public meetings, develop a list of flood protection alternatives for that
area based on public comments and concerns and review and prioritize screened
alternatives based on flood modeling data, cost - benefit analyses and impacts to citizens.
A final report will be developed that outlines the most feasible flood mitigation
alternatives and any other recommendations. The report will be presented to Council
when complete.
Staff recommends the approval of the consultant agreement with HDR, Inc. at the July
5'" meeting. The fee for the negotiated scope of services is $84,550 and will be funded
by IDED through the CDBG program.
cc: Rick Fosse, Public Works Director
David Purdy, Flood Recovery Specialist
Jason Reichart, Special Projects Engineer
Prepared by: Jason Reichart, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5416
RESOLUTION NO
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 HDR ENGINEERING, INC. TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE TAFT SPEEDWAY FLOOD MITIGATION STUDY
PROJECT.
WHEREAS, the City of Iowa City desires to conduct a feasibility study of various flood mitigation alternatives
in the Taft Speedway /ldyllwild neighborhood; and
WHEREAS, the study will address public concerns and determine the most cost effective, environmentally
sound flood mitigation alternative for that area; and
WHEREAS, the City desires the services of a consulting firm to provide professional engineering services
necessary to conduct the Taft Speedway Flood Mitigation Study; and
WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with HDR
Engineering, Inc., to provide said services; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with HDR Engineering, Inc.;
and
WHEREAS, funds for this project are available in the Taft Speedway Levee account #3965- 434730 fund.
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 day of 20
MAYOR
Approved b y
ATTEST: J 0 4 —�' { r "e�p�k
CITY CLERK City Attorney's Office G L3V
Pweng/ res llaftspdwayAoodmit-designagt.doc ® 1
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this day of hereinafter
, by and between the City of Iowa City, a municipal corporation,
referred to as the City and HDR Engineering Inc., of Omaha, Nebraska, hereinafter referred to as
the Consultant.
WHEREAS, the Taft Speedway Neighborhood experienced significant flooding in 2008 inundating
Foster Road and preventing access to the Peninsula Area and City water wells.
WHEREAS, the City of Iowa City hired Stanley Consultants to draft a report that would evaluate
potential flood protection options for the Taft Speedway and Parkview Terrace Neighborhoods.
WHEREAS, in October of 2010 the CDBG Disaster Recovery Program announced Iowa City
would receive funding to construct the Taft Speedway Levee.
WHEREAS, the residents in Taft Speedway and Parkview Terrace neighborhoods requested
further study of the viability of the Taft Speedway Levee and the impacts it would have on their
neighborhoods.
WHEREAS, the national HUD Disaster Recovery Office required Iowa City to address the
concerns of Taft Speedway and Parkview Terrace residents and provide additional information
regarding the effects the Taft Speedway Levee would have on them.
WHEREAS, the City of Iowa City issued a public Request for Qualifications, interviewed three of
the five total applicants and chose HDR Inc. for contract negotiations based on their approach to
public engagement and experience on similar projects.
WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with
HDR Engineering Inc.; and
NOW THEREFORE, it is agreed by and between the parties hereto that the City does now
contract with the Consultant to provide services as set forth herein.
SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
A. Project Management
1. Meetings
This task will include coordination between the City and Consultant necessary to
develop project milestones and guidelines, review and refine key issues and
provide updates on project activities.
2. Data Collection
This task provides information necessary to perform the study and includes the
compilation and review of existing data that will be used in the study such as site
studies and data, mapping information, environmental data, etc.
B. Public Engagement
1. Public Meeting Plan and Schedule
This task will include the development of materials and logistics necessary for
public meetings, as well as define milestones for material production, mailings, and
notifications.
2. Media Plan
This task will involve planning for the distribution or publication of information
regarding study activities, public meetings and findings.
3. Public Meeting 1
This task will involve the production of materials and staff necessary to
administrate a public meeting. The initial meeting will provide the public with
information on the study purpose, scope and schedule. This meeting will also
serve as a public forum to collect input from the public on the project. The
Consultant will be responsible for recording all meeting minutes.
4. Public Meeting 2
This task will involve the production of materials and staff necessary to
administrate a public meeting. The second public meeting will provide the public
with information on the analyses conducted, results and feasible flood mitigation
alternatives. Public input will once again be collected at this meeting. The
Consultant will be responsible for recording all meeting minutes.
C. Environmental and Archeological Review
1. Environmental Review
This task will involve database research and review of potential environmental
resources in the project vicinity for consideration in evaluating the various flood
mitigation alternatives.
2. Archeological Survey
This task will involve database research and review of potential archeological
resources in the project vicinity for consideration in evaluating the various flood
mitigation alternatives.
D. Alternative Refinement and Development
1. Alternative Development
This task will include the development of initial list of alternatives to be screened
based on general feasibility and ability to meet project goals.
2. Workshop 1
This task will involve a Project Team Meeting to review various alternatives and
initial screening results.
E. Screened Alternative Analyses
1. Analyses Refinement
This task will involve further analysis of up to three screened alternatives to allow
comparisons with defined screening criteria, feasibility and ability to meet project
goals.
2. Workshop 2
This task will involve an additional Project Team meeting to review the analysis of
screened alternatives and results of the study.
F. Final Report Preparation
This task will include the preparation of draft and final documentation of study results
and recommendations.
G. Coordination with Others
This task will include coordination with ongoing hydraulic modeling efforts of the Iowa
River and other infrastructure projects in the project vicinity.
H. Additional Services
Additional Services are not included in this contract. If authorized under a
Supplemental Agreement, the CONSULTANT shall furnish or obtain from others
the following services
A detailed scope of services can be found in Attachment 1 attached and incorporated herein.
Consultant agrees to perform all services described above and in Attachment, 1 in a timely and
satisfactory manner.
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown. Work will begin within seven days of the execution of this agreement.
Public Meeting #1
Workshop #1
Workshop #1
Public Meeting #2
Draft Documentation
Final Documentation
III. GENERAL TERMS
July 19, 2011
August 19, 2011
August 19, 2011
October 19, 2011
November 2, 2011
November 9, 2011
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
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.
IV. COMPENSATION FOR SERVICES
Consultant shall perform the Scope of Services for a fee not to exceed $84,550. A general
breakdown of this fee is described in Attachment 2, attached and incorporated herein.
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:
Title:
Date:
ATTEST:
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Title:
Date:
FOR THE CONSULTANT
Approved by:
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For City of Iowa City
Taft Speedway Flood Mitigation Study CITY OF IOWA CITY
Iowa City, IA
ONE COMPANY
ENGINEERING PROPOSAL Many Solutions"
Attachment 1
BACKGROUND AND BASIS OF PROPOSAL
The purpose of this effort is to conduct a feasibility study of flood mitigation alternatives in the Taft Speedway area in
Iowa City, Iowa (City). In January 2009, Stanley Consultants developed a report evaluating potential flood protection
alternatives for the Idyllwild neighborhood at the 100 -year and 500 -year flood levels per the FEMA Flood Insurance
Study (FIS). Using Stanley's report as a starting point, this effort will evaluate the feasibility of various flood mitigation
techniques and the overall impact each technique would have on the residents of Taft Speedway. Work will include;
soliciting, reviewing, and discussing the environmental impacts of alternatives with the public; environmental and
archaeological site studies; evaluating alternatives; and issuing a final report.
SCOPE OF SERVICES Taft Speedway Flood Mitigation Study
The scope of work is segmented into seven task series:
Task Series 100 — Project Management, Kickoff Meeting and Background Data Review
Task Series 200 —
Public Engagement
Task Series 300
— Environmental Review and Archeological Survey
Task Series 400
— Alternative Refinement /Development and Screening
Task Series 500
— Screened Alternative Analyses
Task Series 600
— Final Report Documentation
Task Series 700
— Coordination with Others
The HDR Team proposes to provide the following professional services.
TASK 100 — PROJECT MANAGEMENT, KICKOFF MEETING AND BACKGROUND DATA REVIEW
Task Objectives: Coordinate work effort, administer contract, conduct kickoff meeting, and assemble
background project information.
HDR Activities: Task 110 Proiect Management. Conduct general project management tasks. Includes
development of project initiation forms including the development of a project guide,
monthly invoicing, monthly progress reports, project close out activities and other
administration project activities.
Task 120 Meetings. Conduct coordination meetings to discuss Project tasks and present
findings. A kick -off meeting and six conference call/net meetings are planned.
Subtask 120.1 Kick -off Meeting. Conduct a kickoff meeting teleconference where HDR
and City staff will review and refine the key issues identified above, the approach to address
them, previous study and analyses, and finalize the approach to public engagement. An
agenda will be prepared prior to the meeting and meeting minutes prepared after the
meeting.
Subtask 120.2 Coordination Conference Calls. Periodic coordination conference calls
will be City PM will be conducted to provide updates /coordinate project activities. A total
of 3 conference calls are planned.
Attachment 1 - Page t
Taft Speedway Flood Mitigation Alternatives Study Contract
Task 130 Data Collection. This task provides the information necessary to perform the
study. All reasonable efforts shall be made to avoid duplication of work by using valid
existing information.
Subtask 130.1. Gather and Review Existing Data. HDR will collect and review existing
data from the City and other identified sources:
2009 Iowa City Study prepared by Stanley
• Iowa River regulatory floodplain model data
GIS shape files
• Aerial mapping
• Topographic mapping/DEM data
• Available geotechnical /geologic data for project area
• Parcel data and assessed property values
Project area demographic information
• Past correspondence /meeting transcripts
Subtask 130.2 Create Base Map. Use topographic mapping and GIS shape file coverages
to create base mapping of the project area.
Subtask 130.3 Site Reconnaissance. Conduct a site reconnaissance of the study area.
Site photographs will be taken. Vehicular traffic will be restricted to public roadways.
Identify probable impact areas. Catalog photographs and summarize data collected during
the site reconnaissance.
Task Deliverables:
• Monthly invoices and progress reports
• Meeting agenda and meeting minutes
• Base mapping from subtask 130.2
Key Understandings:
• Kick -off meeting will be held at the offices of the City
• New data collection efforts (topographic survey, subsurface investigation,
utility survey, etc.) are not included in this scope of work, but could be
added through contract amendment as additional services.
TASK 200 - PUBLIC ENGAGEMENT
Task Objectives: Facilitate and manage three proposed public meetings
HDR Activities:
Task 210 Community Coalition Engagement Opportunities. HDR will prepare material
to engage community groups identified by the City to engage them in the study process.
HDR will prepare content for communication with these groups. Communication methods
include:
• Direct mail informational letter
• Informational posters (I 1 x 17, full - color)
• Flyers (8'/2 x 11, full- color)
Task 220 Public Meeting Plan Schedule. HDR will provide a content development and
production schedule that includes planning, outreach (media release, advertisement,
invitation mailing, web publishing, social media promotion, logistical planning, etc.), and
wrap -up activities. This schedule will be updated to reach the needs of each public
engagement milestone.
Attachment l - Page 2
Tart Speedway Flood Mitigation Alternatives Study Contract
Task 230 Public Meeting Tools.
Subtask 230.1 Web Content. HDR will provide project information to be published on
the City's website by the City, as well as project information to be pushed out on existing
City Twitter and Facebook sites, if applicable. Project specific website and social media can
be developed as an amendment to this scope.
Subtask 230.2 Mailing. Electronic copy of invitation postcards for the public meetings
will be provided to City to allow mailing by first class mail two weeks prior to events.
Contact mailing lists will be developed by the City that include:
• Local Residents and Landowners
• Local Businesses
• Local faith -based organizations
• Elected Officials
• Local governmental officials
• Nongovernmental Organizations
• Neighborhood or Homeowners Associations
• Community gathering places (schools, libraries, community centers)
Subtask 230.3 Media Plan. HDR will work with the City to develop a media plan that
identifies media outlets, contact information, deadlines, format /specifications, and cost.
Task 240 Public Meeting Orientation. Orientation for the first public meeting will be
conducted at the kickoff meeting. Orientations for the second and third public meetings
will be held in conjunction with the Workshops. Materials will be reviewed. Meeting
plan will be discussed to identify meeting protocol, format and team roles. A code of
conduct and talking points document will be established for interacting with the public
and the press.
Task 250 Public Meeting 1. The initial public meeting will provide an overview of the
study, approach, objectives and schedule. At this meeting, the public will be encouraged
to participate in a facilitated public forum format. A survey will be designed to help
gather specific community input on the screening criteria.
Subtask 250.1 Meeting Materials. HDR will design and produce tools used in support of
meetings, which includes:
• One Meeting Handout (1 Ix17, full- color)
• One PowerPoint Presentation
• Two Base Maps (30x40, full- color)
• Sign -in Sheets
• Public Forum Registration Cards
• Survey
Subtask 250.2 Staffing. HDR will staff the public meeting with project manager, a
professional facilitator, a technical lead, and a court reporter. The City will be responsible
for all logistical activities which include securing the meeting location and refreshments.
Subtask 250.3 Post- Meeting Activities. HDR will provide a meeting summary document,
which will include:
• Final Meeting Plan
• Final Meeting Materials and Outreach
• Legal Meeting Transcription
Aaaenmcut i - rage o
Taft Speedway Flood Mitigation Alternatives Study Contract
• Summary of Survey Findings
• Sign -in Sheets
Task 270 Public Meeting 2. The second and final public meeting will present a brief
summary of the alternative screening and the analyses of screened alternatives.
Subtask 270.1 Meeting Materials. HDR will design and produce tools used in support of
meetings, which includes:
• Meeting Handout (1 ]x17, full - color)
• 6 informational Boards (30x40, full - color)
• One PowerPoint Presentation
• Sign -in Sheets
• Comment Forms
Subtask 270.2 Staffing. HDR will staff the public meeting with project manager, a
professional facilitator, and a technical lead. The City will be responsible for all logistical
activities which include securing the meeting location and refreshments.
Subtask 270.3 Post - Meeting Activities. HDR will provide a meeting summary document,
which will include:
• Final Meeting Plan
• Final Meeting Materials and Outreach
• Comment Forms
• Summary of Comments
• Sign -in Sheets
Task Deliverables:
• Electronic documents of outreach tools
o 2 Direct Mail Invitations
o 2 Informational Posters
o 2 Flyers
• Draft and Final Schedule
• One Updates
• Electronic copies of Public Meeting Tools
• Two Web Content and Social Media Updates
• Two Invitation Postcards (4.25x5.5, full- color)
• Draft and Final Media Plan
2 Meeting Plans
• Draft and Final Meeting Materials
• 2 Meeting Handouts (11x17, full- color)
• 6 Informational Boards (30x40, full- color)
• 2 PowerPoint Presentations and Scripts
• 2 Base Maps (30x40, full - color)
• 2 Sign -in Sheets
• 2 Comment Forms
• 1 Public Forum Registration Cards
• 1 Survey
• 2 Public Meeting Summaries
• 1 Legal Transcription
Key Understandings:
• City will develop, provide, and maintain list of community coalition groups and
contact list for mailings
• HDR will provide final electronic documents for all mailings.
Attachment I - Page 4
Taft Speedway Flood Mitigation Alternatives Study Contract
• The City will print, pay for postage and distribute all mailings.
• City will distribute all media and pay for placements of ads.
• HDR will print all meeting materials.
• HDR will subcontract with a local Court Reporter for Public Meeting #1.
• The City will provide an electronic signature for the identified project representative.
TASK 300 - ENVIRONMENTAL AND ARCHEOLOGICAL REVIEW
Task Objectives: Perform environmental and archeological reviews.
HDR Activities: HDR will complete an Environmental and Archaeological Review. The environmental
review will consist of an initial review of environmental resources to determine potential
environmental issues affecting development of the proposed alternatives, in accordance
with 24 Code of Federal Regulations (CFR) 58.
Task 310 Environmental Review. The environmental review will consist of desktop
analyses.
Subtask 310.1 Database Search. Conduct a desktop analysis of project compliance with
statutes, regulations, executive orders and policies cited at 24 CFR 58.5, using the
Determination of Level of Review as a guide. The desktop review would include an
analysis of the resources listed in 24 CFR 58.5 (specific elements include cultural and
historic resources, wetlands and waters of the United States, sole source aquifers,
endangered species, wild and scenic rivers, air quality and noise, farmlands, HUD
standards, and environmental justice). The environmental review would identify resources
where further coordination with Federal and state agencies would be required and
determine the possible environmental documentation required to complete the proposed
project.
Task 320 Archaeological Review. A database search will be conducted and consist of
identifying potential historic and archaeological resources in the study area.
Subtask 320.1 Database Search. Conduct an archaeological desktop nalysis through
database research and coordination with the Iowa Department of Economic Development.
This coordination will determine the extent of recent surveys performed for other projects
and the need for further surveys. Identified resources from past surveys in the vicinity of
the project will be summarized.
Task 330 Environmental Memorandum. Prepare a memorandum documenting
environmental issues for consideration and use in alternative screening and findings of
archaeological database search survey. Information from this task will be used to identify
`fatal flaws' that prohibit an alternative or will require modification of an alternative.
Subtask 330.1 Draft Memorandum. Prepare draft memorandum.
Subtask 330.2 Final Memorandum. Incorporate review comments and prepare final
memorandum.
Task Deliverables:
• Draft and Final Environmental Memorandum
Key Understandings:
• The feasibility study itself is exempt from NEPA review requirements
Attachment I - Page 5
Taft Speedway Flood Mitigation Alternatives Study Contract
NEPA document for the project is not included in this initial scope.
HDR personnel involved in the Environmental and Archaeological Review would
include four specialists (a human and physical environment specialist, a natural
resource specialist, a NEPA specialist, and a cultural resource specialist).
It is assumed that the environmental and archaeological reviews would be completed
in approximately one to two months.
TASK 400 - ALTERNATIVE REFINEMENT/DEVELOPMENT
Task Objectives: Develop list of alternatives
HDR Activities: Task 410 List of of Alterntives. Following the first public meeting, HDR will prepare
initial list of alternatives based on the review of background data and site constraints, and
discussions from the public meeting. Initial list of alternatives will be submitted to City for
review. A maximum of 10 alternatives is anticipated in development of the fee estimate.
Task 420 Alternative Development and Screening. Following comments on initial list
from the City, alternatives will be defined at a conceptual level to allow qualitative
comparison of alternatives The primary screening criteria for this effort will be based on
fatal flaws, general project feasibility, and ability of project to meet project goals.
Task 430 Workshop 1. A working meeting (Workshop 1) will be held with City staff to
screen alternatives. HDR will prepare tools and information used in support of the
workshop, which includes:
• One PowerPoint Presentation
• Two Base Maps (30x40, full - color)
• Meeting Agenda
Subtask 430.1 Pre - Workshop Preparation. Prepare a draft of the completed initial draft
of the screening results and submitted one week prior to Workshop 1.
Subtask 430.2 Workshop 1. Discuss initial screening results. Potential refinements will be
identified and discussed.
Subtask 430.3 Post - Workshop Activities. HDR will provide a meeting workshop
summary, which will include:
• Draft and Final Meeting Minutes
• Draft and Final alternative screening results
Task Deliverables:
• Intial alternative criteria lists
• Draft and Final Workshop Materials
• PowerPoint Presentation
• 2 Base Maps (30x40, full- color)
• 1 Meeting Agenda
• Draft and Final Workshop Summary
• Draft and Final screening results
Key Understandings:
• Alternatives will be defined to general conceptual level to allow screening based on
general feasibility, fatal flaw analysis, and ability to meet project goals.
• HDR will print Workshop Materials.
• The City of Iowa City will identify and secure Workshop meeting location,
coordinate refreshments and/or meals, identify City participants and send invitations.
• Workshop is anticipated to be half day
• Fee estimate based on attendance by 3 HDR professionals (project manager and two
engineers.
Attachment 1 - Page 6
Taft Speedway Flood Mitigation Alternatives Study Contract
TASK 500 SCREENED ALTERNATIVE ANALYSES
Task Objectives: Conduct further evaluation of the screened alternatives (maximum of 3 alternatives
assumed in scope and fee development) resulting from Task 400.
HDR Activities: Task 510 Screened Alternative Analyses. The screened alternative concepts will be
refined to allow further evaluation. Alternatives will still be conceptual in detail, but with
sufficient definition to allow approximate quantitative comparisons to screening criteria
developed in conjunction with the City and considering input from Public Meeting I.
Criteria may include elements such as:
• Existing infrastructure impacts
• Utility impacts
• Technical feasibility
• Level of protection provided
• Floodplain impacts (immediate area and cumulative)
• ROW constraints and requirements
• Social and Environmental Impacts
• Floodplain and flood insurance impacts
• Residence ingress and egress
• Coordination /impacts with adjacent infrastructure projects
• Costs
• Potential funding sources
Subtask 510.1. Analyses Refinement. Project components and potential impacts will be
refined for the screened alternatives. Cost estimates with contingencies will be developed
for each screened alternative. Simple metric for normalizing cost/benefit comparison will
be developed (i.e. cost/total appraised valuation protected) It is anticipated this effort will
involve civil, hydraulic, transportation, economic, geotechnical, and structural technical
disciplines.
Subtask 510.2 Screening Matrix. Screening matrix will be developed in concert with City
staff.
Task 520 Workshop 2. A working session (Workshop 2) will be held with City staff
where the final screening matrix will be completed and reviewed.
Subtask 520.1 Pre - Workshop Preparation. Prepare a draft of the completed screening
matrix and submitted to City one week prior to Workshop 2. HDR will prepare tools and
information used in support of the workshop, which includes:
• One PowerPoint Presentation
• Three Base Maps (30x40, full - color)
• Meeting Agenda
Subtask 520.2 Workshop 2. Discuss screened alternative evaluation and screening results,
potential refinements /comments, and planning for final public meeting.
Subtask 520.3 Post - Workhop Activities. HDR will provide a meeting workshop
summary, which will include:
• Draft and Final Meeting Minutes
• Sign -in Sheet
Task Deliverables: Final Workshop Materials
• PowerPoint Presentation
Taft Speedway Flood Mitigation Alternatives Study Contract
• 3 Base Maps (30x40, full - color)
• Meeting Agenda
Draft and Final Workshop Summaries
Draft and Final Alternative Screening Matrices
Key Understandings:
• HDR will print all Workshop Materials.
• Hydraulic profile and flooding depth information will be provided by HR Green for
the Iowa River for each of the alternatives.
• The City of Iowa City will identify and secure Workshop meeting location,
coordinate refreshments and/ or meals, identify City participants and send
invitations.
• Workshop is anticipated to be half -day
• Fee estimate based on attendance by 3 HDR professionals (project manager, and two
engineers).
TASK 600 DOCUMENTATION
Task Objectives: Document evaluations and findings of the Taft Speedway flood mitigation study.
HDR Activities: Task 610 Report Preparation. Final documentation of the project activities will be
prepared and include: environmental technical memorandum, alternative screening
evaluation and results technical memorandum, screened alternative evaluation and results
technical memorandum, public meeting and public involvement summaries, and supporting
technical appendices.
Subtask 610.1 Draft Report. Prepare draft report.
Subtask 610.2 Final Report. Incorporate review comments and prepare final report.
Task Deliverables:
• Draft and Final Report
Key Understandings:
• 2 hard copies and one electronic copy (pdf format) of draft and final report
documentation will be provided to City.
TASK 700 COORDINATION WITH OTHERS
Task Objectives: Coordinate Taft Speedway study efforts with adjacent and associated project efforts.
HDR Activities: Task 710 Coordination. Flood mitigation and related infrastructure projects are occurring
that are associated with the Taft Speedway project. Two primary coordination efforts have
been identified. The first is the Dubuque Street improvement project in the immediate
vicinity of the project area. The second is the hydraulic modeling of the Iowa River for the
greater Iowa City urban corridor.
Subtask 710.1 Dubuque Street Coordination. Coordination with City staff and City
consultant for exchange of project information that includes:
• Dubuque Street plan and profile data (existing and proposed, if available)
• Environmental data
• Topographic data
• Geotechnical information
• Coordination of public meetings and outreach efforts
Attachment 1 - Page 8
Taft Speedway Flood Mitigation Alternatives Study Contract
Subtask 710.2 Hydraulic Modeling Coordination. Direct coordination with HR Green
will be required to implement proposed alternatives into the HEC -RAS model to predict
potential impacts on system hydraulics as well as impacts to water surface profiles and
adjacent properties such as Parkview Terrace neighborhood.
Task Deliverables:
Data requests and responses to requests
• Alternative configurations (concepts) in plan view with typical sections for inclusion in
the hydraulic model
• Correspondence
Key Understandings:
• Data requests and responses to data requests will be routed through City Project
Manager.
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Taft Speedway Flood Mitigation Alternatives Study Contract
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CITY OF IOWA CITY
Request for Qualifications (RFQ)
Taft Speedway Flood Mitigation Study
April 13th, 2011
PROJECT SUMMARY
The City of Iowa City, Iowa is soliciting qualifications from interested consultants to conduct a
feasibility study of flood mitigation alternatives in the Taft Speedway area in Iowa City, Iowa. In
January 2009, Stanley Consultants developed a report evaluating potential flood protection
alternatives for the Idyllwild neighborhood at the 100 -year and 500 -year flood levels per the
FEMA Flood Insurance Study (FIS). Using Stanley's report, this study should evaluate the
feasibility of various flood mitigation techniques and the overall impact each technique would
have on the residents of Taft Speedway. Work will include; soliciting, reviewing, and discussing
the environmental impacts of alternatives with residents; CDBG environmental and
archaeological site studies; developing recommendations; and issuing a final report.
TABLE OF CONTENTS
ProjectObjective ........... ............................... ...........................page 2
Project Scope of Services .. ............................... ...........................page 2
Other Relevant Information .......................... ............................... page 4
Minimum Qualifications .. ............................... ........................... page 4
RFQTimeline ......................................... ............................... page 4
Consultant Selection Process ........................ ............................... page 5
Submittal Contents ......... ............................... ...........................page 5
Submittal Instructions and Deadline .................... ...........................page 7
Inquiries................................................ ............................... page 7
Distribution List ....................................... ............................... page 7
SUBMITTAL DELIVERY ADDRESS
Mr. Ronald R. Knoche, P.E.
City Engineer, City of Iowa City
City Hall
410 East Washington Street
Iowa City, Iowa 52240
SUBMITTAL DEADLINE: 4:00 p.m. CST on Friday, May 6th, 2011
Tart Speedway Flood Mitigation Study t of 7
Request for Qualifications
PROJECT OBJECTIVE
The City of Iowa City is seeking professional engineering services to determine the feasibility of
constructing an earthen levee by elevating Taft Speedway and No Name Road with special
attention paid to the impact it would have on the residents living south of Taft Speedway. Items
to be considered are property values, accessibility, insurance coverage, relocation of utilities,
funding and scheduling. In addition, other alternatives should be considered and researched
based on the specific impacts each alternative would have on Taft Speedway and Idyllwild
residents.
PROJECT SCOPE OF SERVICES
The information provided in this section is not intended to comprise a detailed scope of services
that will be required in a final consultant contract but is intended to provide general information
to firms wishing to submit proposals. The City will negotiate the detailed scope of services with
the successful firm.
This study shall determine the overall impact various flood mitigation techniques would have on
Taft Speedway and Idyllwild residents and the most feasible alternative. Work will include a
study of the Taft Speedway area neighborhood including Flood Profile Hydraulic modeling
(HEC -RAS) inputs and a CDBG Environmental Review and Archaeological survey, Cost /
Benefits analysis, funding options, construction scheduling in relation to the Dubuque St. / Park
Road Bridge Project, and recommendations for each alternative. Keeping the public informed
and involved throughout the duration of the study is essential.
This study shall include but is not limited to the following:
Public Involvement - Beginning
Pre - Design /Study Meeting (May /June 2011)
• Review of January 2009 Stanley Report options
• Explain process for study
• Gather Input
Public Involvement- During the Process
o Gather public input
Preliminary Study of Taft Speedway area
• Provide Flood Profile Hydraulic modeling inputs to HR Green
• Perform CDBG Environmental Review and Archaeological Survey
Proposed Levee- Impact on Taft Speedway Residents
• Determine easements required, where would they be located, and how big
would they need to be
• Determine height and width(at base) of levee at 100 year +3' and 500 year
levels
Taft Speedway Flood Mitigation Study 2 o1`7
Request for Qualifications
• Determine the ability of the residents to get in and out of the homes after the
levee is built
• Determine effect the levee would have on property valuations
• Determine if any additional flood insurance required because of the levee
• Determine possible damages to the homes at the 100 year +3 foot level and
the 500 year level
o Determine the location of main water and sewer mains and if they are on the
north side of the levee, determine if the TS residents have to assume the cost
if a break occurs
Preliminary Creation of Alternatives
• Review ideas /concerns expressed by the public at the Pre - Design /Study
Meeting
• Update the Stanley Report alternatives with more current feasibility and cost
estimates
• Develop a preliminary list of other alternatives to protect the neighborhood
• Refine the alternative list based on feasibility
Alternatives Review
o Review each feasible alternative based on list of impacts on TS residents (see
above), Idyllwild Condominiums, and Parkview Church
o Develop a benefits /cost analysis for each viable option
• Costs would include design and construction costs, maintenance costs,
utility costs, cost to residents, storage costs, costs to deploy, etc.
• Benefits would include protection of future losses to Taft Speedway
residences, Idyllwild Condominiums, Parkview Church, and maintaining
access to the Peninsula area
• Solicit / review / discuss the environmental impacts of alternatives with
citizens
• Determine funding option(s) for each alternative
• Determine timing of construction for each alternative in relation to Dubuque
Street/ Park Road Bridge project
• Develop recommendation(s)
Public Involvement- After Study Completed
Final Report
• Hold public meeting explaining study results and recommendations
• Gather public input on results and recommendations
• Review ideas /concerns expressed by the public at results meeting
• Issue Final Report
Taft Speedway Flood Mitigation Study 3 of 7
Request for Qualifications
OTHER RELEVANT INFORMATION
Funding Sources
The Iowa Department of Economic Development has issued a Community Development Block
Grant (CDBG) to the City of Iowa City for up to $50,000 to conduct a feasibility study,
environmental review, and archaeological survey of the Taft Speedway neighborhood. Site
evaluation and review procedures must comply with all requirements of the funding agency. The
Consultant shall adhere to and follow all the requirements set forth in the CDBG Guidelines, as
outlined in Exhibit A, which is attached.
Costs
Firms participating in the consultant selection process will be responsible for all costs incurred to
respond to this RFQ.
MINIMUM QUALIFICATIONS
The consultant selection process will be primarily based on review of qualifications. To be
considered, consultants must document the knowledge, skills, and abilities of the firm and team
members proposed for the project. As a minimum, the submittal should address the following
topics.
• Similar flood modeling and levee project engineering experience.
• Related experience in obtaining permits relating to levee construction.
• Related experience in the design of CDBG projects
• Experience related to at least five projects of similar size and complexity using a variety
of processes /technologies.
• Experience in working with owners and front -line staff during the design process.
RFQ TIMELINE
Tentative project schedule is as follows:
May 9, 2011 Review Request for Qualifications
May 17, 2011 Selection of Consultant / Award
September, 2011 Final Report Submission
Taft Speedway Flood Mitigation Study 4 o1`7
Request for Qualifications
CONSULTANT SELECTION PROCESS
The Selection Committee consists of several members of the Public Works department,
including the director, engineering staff and project administrator, as well as staff from Planning
and Community Development and City Attorney Departments. Submittals will be reviewed
based on the criteria described below. The firms deemed best qualified by the Selection
Committee may be invited for additional presentations and interviews.
The intent of the selection process is to select the most qualified firm based on the identified
needs of the City of Iowa City. The skills, areas of expertise, and capabilities that the City of
Iowa City believes are highly desirable will be evaluated and factored in the selection process.
In all cases, the City of Iowa City reserves the right to select a consultant firm and award a
contract that is in the best interest of the City.
SUBMITTAL CONTENTS
To standardize responses and simplify the comparison and evaluation of responses, all
statements must be organized in the manner set forth below, separated into sections, and
appropriately labeled. All information and materials requested shall be provided in the proposal
under a single cover. The submittal length shall be limited to a maximum of 30 single -sided
pages, not including dividers and covers. Minimum font size shall be ten (10) point.
Cover Letter - The letter should state the firm's interest in being considered for the project and
also include pertinent information for the firm's contact person.
General Firm Profile - A general description of the firm is required. Describe the general nature
of services provided by the firm, the location of main and branch offices, and the number of
years the firm has provided services similar to those requested by this RFQ. Any sub - consultants
who are proposed to be a part of the design team must be identified.
Multiple Firms - For proposals that involve multiple firms submitting as a single project team,
provide a summary of the roles each firm will play and the project management approach that
will be used to provide seamless delivery of the end product.
Key Personnel - Provide the names of the key personnel to be involved in the project, along with
a brief summary of their areas of expertise and their intended role in the project. Years of
relevant experience with firm (and previous employers). Resumes and CVs may be included as
part of the supplemental information but cannot substitute for the required summary page. Please
indicate the persons possessing the licenses and certifications necessary to perform the type of
work being requested.
Additionally, a one -page organizational chart for this project shall be provided, indicating the
key personnel, their relationship to the overall project and their position within the firm. It is a
requirement of the City of Iowa City that the key personnel identified during the consultant
selection process will participate in and execute the project. Substitution of key personnel after
an award of contract will require approval by the City of Iowa City as project lead professionals
are considered essential.
Taft Speedway Flood Mitigation Study 5 of 7
Request for Qualifications
Reference Projects - A listing of no more than five reference projects of similar size and scope
shall be provided. Ideally, this list should be a blend of flood mitigation projects, storm water
management projects and flood modeling hydraulic analysis projects. Particular emphasis
should be placed on innovative, sustainable and cost - effective solutions. Indicate which
members being proposed for the project team were involved in the reference projects and what
their role in the reference projects was. Provide contact information for the project owners, the
nature of the firm's scope of work on the project and the date the contract started and ended.
Each project listing shall be no longer than two pages in length.
Environmental Experience — Respondent shall exhibit relevant experience with the NEPA
process including development of environmental documents and permitting.
Public Involvement Experience — Respondent shall exhibit experience with public involvement
strategies and procedures. This shall include experience in incorporating active public
participation in projects of similar public interest.
Study Approach — A description of the anticipated project approach including technical and
management factors that will lead to a quality design and operation. Respondents are
encouraged to use this section of the submittal to address potential improvements to the scope of
services requirements outlined above. Competitive advantages or special capabilities of project
teams should be highlighted in this section as well as the intended methods to ensure:
• Public Involvement
• Environmental soundness and neighborhood compatibility
• Effective project management
Estimate of Resources - Based on the firm's understanding of the scope of work required,
provide a preliminary estimate of the firm's resources that should be dedicated to the project.
This can be in a form of the firm's choosing but should clearly convey a sense of the amount of
effort and resources the firm believes will be required for the project.
Project Schedule — Provide a preliminary project schedule that includes projected durations for
the tasks outlined in the scope of services. The schedule shall also include project milestones
and deliverables.
Supplemental Information - Firms are encouraged to submit any additional or supplemental
information that may be considered by the selection team when narrowing the list of firms
invited to participate in formal interviews. Firms should discuss any critical assumptions,
extenuating circumstances, or other factors that may be critical to understanding the submitted
qualifications. There is no page limit for the supplemental information. Supplemental
information will not count toward the 30 -page submittal and shall be bound separate from the
required submittal.
Taft Speedway Flood Mitigation Study 6 of 7
Request for Qualifications
SUBMITTAL INSTRUCTIONS AND DEADLINE
The submittal should be sent or delivered to the following address:
Mr. Ronald R. Knoche, P.E.
City Engineer, City of Iowa City
City Hall
410 East Washington Street
Iowa City, Iowa 52240
Five copies of the qualifications submittal are due by 4:00 p.m. CST on Friday, May 6th, 2011.
The proposals must be sealed and clearly marked as: "Request for Qualifications for the Taft
Speedway Flood Mitigation Study ". One copy must be an original and must be clearly marked as
such. No portion of a submittal may be submitted by FAX or e -mail.
INQUIRIES
Phone inquiries to clarify the requirements of the RFQ are welcome. Please contact Mr. Jason
Reichart at 319- 356 -5416 or by email at Jason- reichartniowa -city ors;.
DISTRIBUTION LIST
Ayres Associates
Fox Engineering
Howard R. Green Company
HDR
McClure Engineering
Missman Stanley
MMS
MSA Professional Services
Shive - Hattery
Stanley Consultants
Strand
Shoemaker - Haaland
Veenstra & Kimm
Taft Speedway Flood Mitigation Study 7 of 7
Request for Qualifications
/..3
Marian Karr
From: David Purdy
Sent: Tuesday, July 05, 2011 4:19 PM
To: 'MurphyGeerdes'; 'Joel Wilcox'; MECrawford @aol.com
Cc: 'Bohlke, Joseph [IDED]'; 'Plunkett, Amanda B'; wtaylorlaw @aol.com; 'JJ White'; Matt Hayek;
stan.gimont @hud.gov; bernard.b.fulton @hud.gov; John.G.Betker @usace.army.mil;
cothern.joe @epa.gov; 'Gary Sanders'; Council; beckyhallO @aol.com;
dmfretired @earthlink.net; jon.ozeroff @gmail.com; louisewolfnovak @ gmail.com; sryang51
@gmail.com; thomas.a.novak @gmail.com; Andrea Emry; Ann Nevin; Chas327 @hotmail.
com; Cliff Pirnat; Dick & Penny Watson; gdallan @yahoo. com; gniemiec @gmail. com; jell
mehring; joeywalker @mchsi.com; Jones @cs. uiowa. edu; Joni Kinsey; Joye McKusick; Laurel
Bar; Ibroffitt @juno.com; Linda & Ben Kopelman; mark kenaston; Nan Carlson; Nancy Lane -
gipson; Richard and Estyl Breazeale; Sally & Tim Strang; Sharon Pirnat; Wayne Fields
Subject: RE: Consultant agreement
Thanks for your suggestions.
If other Park View Terrace residents have ideas, please have them send to Jason and I by the end of next week.
Then we can consolidate them and see which ones might fit together under each scope item.
You are correct that IDED would need to approve the additional amount.
We look forward to measuring impacts and exploring all alternatives.
Thanks-
David
From: MurphyGeerdes [mailto:mg9425 @mchsi.com]
Sent: Tuesday, July 05, 20113:34 PM
To: David Purdy; 'Joel Wilcox'; MECrawford @aol.com
Cc: 'Bohlke, Joseph [IDED]'; 'Plunkett, Amanda B'; wtaylorlaw @aol.com; 'JJ White'; Matt Hayek; stan.gimont @hud.gov;
bernard.b.fulton @ hud.gov; John.G.Betker @usace.army.mil; cothern.joe @epa.gov; 'Gary Sanders'; Council;
beckyhall0 @aol.com; dmfretired @earthlink.net; jon.ozeroff @gmail.com; louisewolfnovak @gmail.com;
sryang5l @gmail.com; thomas.a.novak @gmail.com; Andrea Emry; Ann Nevin; Chas327 @hotmail. com; Cliff Pirnat; Dick &
Penny Watson; gdallan @yahoo. com; gniemiec @gmail. com; jell mehring; joeywalker @mchsi.com; Jones @cs. uiowa.
edu; Joni Kinsey; Joye McKusick; Laurel Bar; Ibroffitt@juno.com; Linda & Ben Kopelman; mark kenaston; Nan Carlson;
Nancy Lane - gipson; Richard and Estyl Breazeale; Sally & Tim Strang; Sharon Pirnat; Wayne Fields
Subject: RE: Consultant agreement
Dave,
Thank you for the update. I am scheduled to be on vacation the first two weeks of August but would appreciate seeing
any documentation in time to review it. Among other concerns, I specifically want the study to include the impact of the
levee on affected parties analyzed independently of other flood mitigation projects.
There are also four properties on Park Rd. (in addition to Parkview Terrace) that should be included in the study; and I
advise that the study include the impacts on city park as well since Iowa City spent flood mitigation dollars to restore it
following the flood of 2008. The four properties on Park Road are:
816 Park Rd.
822 W. Park Rd.
820 Park Rd.
925 Park Rd.
I recognize that Iowa City is consider buying the property at 820 Park Rd. with CDBG dollars as part of the buyout plan;
however, the impact on this property should be considered since it may require money to restore it if it floods.
We would also like to make sure the study addresses concerns including, but not limited to, the impact on the roads
(Normandy, Manor, Eastmoor, Park PI, and Granada Ct plus Park Rd. and all intersections and other infrastructure such
as storm sewers on our side of the river.
I am assuming that if the costs of the study were to increase that permission for the additional costs would need to be
obtained from the Iowa Department of Economic Development or paid for from Iowa City's funds. At some point, I wish
all parties would consider whether this is just "throwing good money after bad." While I am sympathetic to the plight of
all individuals involved, this is indeed one of those situations where "hard cases make bad law."
Thank you for your ongoing attention to this matter. I look forward to hearing from the city further.
Mary
Mary Murphy
890 Park Place
Iowa City, Iowa 52246
3191354 -2375
mg9425@mchsi.com
From: David Purdy [mailto:David- Purdy @iowa - city.org]
Sent: Tuesday, July 05, 20112:45 PM
To:'mg9425 @mchsi.com';'Joel Wilcox';'MECrawford @aol.com'
Cc:'Bohlke,Joseph [IDED]'
Subject: Consultant agreement
Item 13 on tonight's City Council agenda- the consultant agreement with HDR to do the Taft Speedway study- will be
deferred until the August 2nd City Council meeting.
IDED has asked us to look at the possibility of expanding the scope so that more impacts on the Parkview Terrace
neighborhood can be explored.
Currently we have in the scope and agreement several items that review the impact. These include additional screening
that will include criteria such as floodplain impacts in both the immediate and cumulative areas impacted by proposed
flood protection alternatives, requesting HR Green to make appropriate changes to their existing model based on
information provided by the Consultant so the effects of various flood mitigation alternatives can be accurately
measured, and developing a survey and holding a public meeting so that members of the community can provide input
on the screening criteria. Based upon this community input flood mitigation measures and screening criteria will be
established.
Staff will work with IDED staff and community members to develop an amended scope that can be proposed then
submit that to HDR to get a cost estimate of the expended scope.
An amended scope and agreement will then be submitted to the council for their review on August 2nd
Thanks-
David Purdy
City of Iowa City
David Purdy
Flood Recovery Specialist
Planning and Community Development
City of Iowa City
David -Purdy @iowa- city.org
319 - 356 -5489
*3
Marian Karr
From: Brenna Eldeen <brenna.eldeen @gmail.com>
Sent: Friday, July 01, 2011 10:55 AM
To: Council
Subject: Taft Speedway
I am writing to oppose the city signing a contract to evaluate the
feasibility of flood mitigation on Taft Speedway. The City Council protecting
one set of neighbors and leaving others on the wet side of a levee is wrong.
Many of the Idyllwild condos now have rental permits and the occupants would
have moved in after and knowing of the flood of 2008 so you would be
providing protection to speculative investors. Using the levee to provide a
secondary access into the Peninsula development is also wrong. Raising
Foster Road is a more environmentally friendly solution that is far less
expensive for taxpayers. The Idyllwild owners and board of directors can
purchase flood insurance to ensure their protection. Please exercise good
common sense and say no to this government plan.
Brenna, Brad, Everly, Anden and Hutch Eldeen
941 Evergreen Ct
Iowa City, IA 52245
www. sugarplumcupcakes.word press. com
14
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 11 -233
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A GRANT AGREEMENT WITH JOHNSON COUNTY FOR FUNDS TO
SUPPORT THE IOWA CITY /JOHNSON COUNTY SENIOR CENTER.
WHEREAS, the Iowa City /Johnson County Senior Center provides programming to the
residents of Johnson County;
WHEREAS, Johnson County has previously provided financial assistance to the City of
Iowa City to support the programming and proposes to continue its assistance under a
grant agreement; and
WHEREAS, the City Council finds it in the public interest to enter into a grant agreement
with Johnson County.
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 to the attached grant
agreement.
Passed and approved this 5th day of July, 2011.
MAYOR
ATTEST:
CI LERK City Attorney's Office
Resolution No. 11 -233
Page 2
It was moved by Wright and seconded by M;mc the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Dickens
_ x Hayek
x Mims
x Wilburn
g Wright
wpdata/glossary /resolution -ic. doc
AGREEMENT
Johnson County Economic Development/Quality of Life Block Grant
'# -- I
THIS AGREEMENT, made and entered into in this v?O day of `J`j 2011, by and between Johnson County,
Iowa ( "County"), and the City of Iowa City ( "Recipient ").
This Agreement shall be subject to the following terns and conditions, to -wit:
1. Recipient shall not permit any of the following terms and practices:
a. To discharge from employment or refuse to hire any individual because of their race, creed, color,
national origin, religion, age, sex, marital status, sexual orientation, gender identity, disability, or
handicap status.
b. To discriminate against any individual in terms, conditions, or privileges of employment because
of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation,
gender identity, disability, or handicap status.
Recipient shall not deny to any person its services on the basis of race, creed, color, national origin,
religion, age, sex, marital status, sexual orientation, gender identity, disability, or handicap status.
SCOPE OF SERVICES
During the term of this Agreement, Recipient agrees to use funding for support of programs at the Iowa
City/Johnson County Senior Center to the benefit of Johnson County residents. Details of the programs to
be provided are included in the Recipient's Application for Funding for FY 12.
11. FUNDING
A. As its sole obligation under this Agreement, the County shall pay to Recipient the sum of
$70,000 to assist Recipient in meeting its operating expenses.
B. The County shall transfer the funds to Recipient in quarterly payments of $17,500. The first
payment will be made on or about August 15, 2011. Subsequent payments will be made on the
15`x' day of the month following the end of each calendar quarter.
C. At the discretion of the Board of Supervisors, funding may be reduced in the event of budget
constraints which cause the Board to enact budget reductions within County operations. Any
reductions in grant awards will not exceed the percentage of reductions ordered for County
operations.
III. GENERAL ADMINISTRATION
A. On or before the 30th day of January, 2012, Recipient will provide to the Board of Supervisors a
mid -year report in a format prescribed by the County. In addition, the recipient may be asked to
provide additional documents including board minutes, financials reports and external audits.
B. On or before July 30th, 2012 Recipient will provide to the Board of Supervisors a final grant
report in a format prescribed by the County. In addition, the recipient may be asked to provide
additional documents including board minutes, financials reports and external audits.
C. Duly authorized representatives of the County shall at all reasonable times, have access to and the
right to inspect, copy, audit, and examine all financial books, records, and other documents of
Recipient, and to make site visits and survey participants in order to evaluate and monitor the
Recipient's programs. No report or publication resulting from any such inspection, audit,
examination, site visit, or survey shall disclose the name or other identifying information
concerning persons using Recipient's services.
D. The County's sole responsibility hereunder shall be to provide the funds to Recipient in
accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or
omission of the Recipient or the County, shall be construed to create any special duty,
relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint
venture, or any association by reason of the Recipient's involvement with the County, nor shall the
County have authority to direct the manner or means by which Recipient conducts activities.
E. This contract may be terminated upon 30 days written notice by either party.
IV. TERM
This Agreement shall commence upon execution by the parties and shall terminate on June 30, 2012, except as
provided herein,
V. ASSIGNMENT
This Agreement may not be assigned by either party without prior written agreement of the other party.
VI. HOLD HARMLESS PROVISION
The Recipient shall indemnify, defend and hold harmless the County, its officers, employees and agents from all
liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or
incurred by reason of any actions based upon the negligent acts or omissions of the Recipient's officers, employees
or agents during the performance of this Agreement.
VII. CONDITIONAL STATUS
The Board of Supervisors may place an agency on conditional status when one or more serious problems are
identified within the agency that puts its agreement with Johnson County in jeopardy. Problems may be in service
delivery, board activity, agency administration, fiscal management, cooperation with other agencies, compliance
with other government finders, or compliance with the Johnson County agreement. The Board of Supervisors may
request that an external financial audit be performed, at the sole expense of the agency, if no audit records are
available.
Following the placement of an agency on conditional status, representatives of the Board of Supervisors and/or their
designee will meet with the agency director and board members to discuss the concerns /problems as identified by
the Board of Supervisors. The Board of Supervisors will provide the agency with a written memo outlining the
concerns /problems, specific corrective action steps, and time frames for completion. The agency will provide
periodic reports and meet with the Board of Supervisors representative and/or designee during this period to ensure
that satisfactory progress is being made.
Funding may be withheld by Johnson County until the agency has completed or made sufficient progress on the
action steps to correct the problems, as determined by the Board of Supervisors.
If an agency fails to meet the requirements of the Johnson County agreement and/or the action step memo within the
appropriate time frame as specified, the Board of Supervisors may cease County funding.
For John on aunty, Iowa:
Board Chair Date
ATTEST:
Tom Slockett, Auditor Date
Recipient, City of Iowa City:
Matthew J. Hayek Date July 5, 2011
Mayor
Marian K. Karr, City Clerk Date July 5, 2011
Approved: ` a _ (r
City Attorney's Office