Loading...
HomeMy WebLinkAbout2013-02-19 ResolutionM� Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 13 -38 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: It's Brother's Bar & Grill - 125 S. Dubuque Street Passed and approved this 19th day of Febru L�r_. �. - 20 13 Approved by ATTEST: �C CITY CLERK City Attorney's Office It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: Dickens the AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Sc(76) / 5c(17) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 13 -39 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: Dollar General Store #8137 — 41 Highway 1 West Passed and approved this 19th day of Februa '�� " 20 13 Approved by ATTEST: CIT CLERK City Attorney's Office It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: Dickens the AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x_ Payne g Throgmorton ✓✓ 02 -19 -13 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 13 -40 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WEST BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 422 3RD AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Mortgages, executed by the owners of the property, Jason S. Ruyle and Mariah B. Ruyle, on March 29. 2012, recorded on April 6, 2012, in Book 4891, Page 493 through Page 498, and on July 30, 2012, recorded on August 3, 2012, in Book 4955, Page 941 through Page 946 in the Johnson County Recorder's Office covering the following described real estate: Lot 11, Block 20, East Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 1, Page 92, Plat Records of Johnson County, Iowa, excepting therefrom the south 6 feet thereof, subject to easements and restrictions, if any. WHEREAS, West Bank has refinanced a mortgage to the owners of the property located at 422 Td Avenue and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, West 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 West Bank; and WHEREAS, there is sufficient value in the above - described real estate to secure the City position. 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 Iowa City and West Bank, Iowa City, Iowa. Passed and approved this 19th day of February , 20_La_ f ]�.%M ATTEST: o�-,��ri� CITY CLERK Approved by City Attorney's Office 5d(1) Resolution No. 13 -40 Page 2 It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion -_ Dickens x Dobyns Hayek Mims X Payne x Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and West Bank, Iowa City. Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgages which at this time is in the amount of $45,926.41, and was executed by Jason S. Ruyle and Mariah B. Ruyle (herein the Owners), dated March 29, 2012, recorded April 6, 2012, in Book 4891, Page 493 through Page 498, and dated July 30, 2012, recorded August 3, 2012, in Book 4955, Page 941 through page 946 Johnson County Recorder's Office, covering the following described real property: Lot 11, Block 20, East Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 1, Page 92, Plat Records of Johnson County, Iowa, excepting therefrom the south 6 feet thereof, subject to easements and restrictions, if any. WHEREAS, the Financial Institution has loaned the sum of $145,000 on a promissory note to be executed by the Financial Institution, 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 Mortgages 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 Mortgages 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 mortgagee in favor. of. the Financial Institution is, hereby acknowledged, as a lien superior to the Mortgages of the City. 4. 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 /I � ' day of , 20J,`• CITY OF IOWA CITY .f` Attest: W.� UK 404 r-4 i CITY'S ACKNOWLEDGEMENT STATE OF IOWA 1 ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION 139&Zzih I I- . - On this I t 114 _ day of FE5euA'?_U , 20 /L_, before me, the undersigned, a Notary Public in and for the State of Iowa, ersonally appeared fAgA- w 7 qMP_ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did ay 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 (Ordinance) (Resolution) No. /3-•44 passed (the Resolution adopted) ,b.Y the City Council, under Roll Call No. - — of the City Council on the day of F' , 20�, and that MQ ,,✓ 'r 9Aae-E and Marian K. Karr acknowled ed the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ^" r SONDRAE FORT Commission Number 159791 Sari • ow My Commission Expires Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) � , 44 On this 5th day of February, 2013 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Minda Hamann, to me personally known, who being by me duly sworn, did say that he /she is the First Vice President of West Bank, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Minda Hamann acknowledged the execution of said instrument to be the voluntary.act and deed of said corporation, by it and by him /her voluntarily executed. 1� Note ublic in and for the State of Iowa My Commission expires: 3 02-19-1 5d(2) Prepared by: Susan Dulek, Ass't. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. 13 -41 REOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT WITH WEST BANK FOR PROPERTY LOCATED AT 2709 WAYNE AVENUE. WHEREAS, the City provided the owner with a loan to purchase a home through the "Tenant to Ownership Program" (TOP) and secured the loan with a mortgage; WHEREAS, the owner is refinancing her primary loan with West Bank to obtain a lower interest rate and the lender is requesting that the City subordinate its loan; and WHEREAS, West Bank requests that the City's mortgage be subordinated to its loan, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and West Bank. Passed and approved this 19th day of February —72013. �, 1111 O. CITY CLERK Approved by City Attorney's Office Resolution loo. 13 -41 Page 2 It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and West Bank, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain mortgage which at this time is in the amount of $22,000 and where executed by Frances R. Gartzke (herein the Owner), dated July 2,1999, recorded July 8, 1999, in Book 2779, Page 133, Johnson County Recorder's Office, covering the following described real property: The east 60 feet of Lots 1 and 2 in Block 4, Towncrest Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 4, Page 323, Plat Records of Johnson County. WHEREAS, the Financial Institution proposes to loan the sum of $ 51:;3100-.' 0 - 0�. 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. 4. 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. -N Dated this Iq day of , 2013. CITY OF IOWA CITY By Matthew J. Haye , Maybir Attest: CITY'S ACKNOWLEDGEMENT STATE OF IOWA. ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION N01 Wd—lnj LW-11— On this !! 5 day of F , 2013, before me, the undersigned, a Notary Public in and for the State of Iowa, pe onally appeared Matthew J. Hayek 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 Resolution No. /3 --`N passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the q day of Fae , 2013, and that Matthew J. Hayek and Marian K. Karr acknowledged the execution of th instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Sa'^� SONDRAE FORT Commission Number 159791 $tsnC�rrQt • My Co mission Expires Notary Public in and for the State of Iowa • ow ad LENDER'S ACKNOWLEDGEMENT JUL IANA STEMRT STATE OF IOWA )' Comrnh My Number 748148 ) ss: JOHNSON COUNTY ) On this 5th day of February, 2013 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Minda Hamann, to me personally known, who being by me duly sworn, did say that he /she is the First Vice President of West Bank, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Minda Hamann acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. No6dv Public in and or the State of Iowa My Commission expires: q �02-19-13 Prepared by: Marian K. Karr, City Clerk, 410 E, Washington St„ Iowa City, IA 52240 (319)356 -50401 5d(3) RESOLUTION NO. 13 -42 RESOLUTION RESCINDING PRIOR RESOLUTION NO. 10 -385 AND SETTING FEES AND INSURANCE REQUIREMENTS WITH RESPECT TO THE ADMINISTRATION OF REGULATIONS FOR TAXICABS WHEREAS, Title 5, Chapter 2 of the City Code of the City of Iowa City, Iowa, established regulations for taxicabs and drivers operating such vehicles within the City of Iowa City; and WHEREAS, Title 5, Chapter 2, requires the City Equipment Division to inspect all taxicabs annually; and WHEREAS, the current administration fee reflects the actual inspection costs per vehicle by the City Equipment Division; and WHEREAS, the City wishes to retain the present fee schedule but remove the references to dates established by City Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Prior Resolution No. 10 -385 establishing certain fees and charges for vehicles for hire is hereby rescinded and this Resolution is adopted and approved in lieu thereof. 2. The following fees are hereby established for taxicabs: a) Processing a business application: $20.00 annually unless suspended or revoked, with no refunds. b) Issuance or replacement of a decal, including actual inspection costs: $85.00 annually, unless suspended or revoked. A $30.00 credit for each decal returned to the City Clerk will be issued per business licensing year. If the City is notified by the insurance carrier of cancellation of insurance, the decal will be removed and returned to the City Clerk's office, with no refund or credit. The credit can only be used within the licensing year and does not carry over to another year or is not transferable to another business. No credit will be applied to a business for a decal confiscated by City staff. c) Designation of a parking stand: Actual dollars earned from monthly permit fee established by ordinance for the area. Resolution No. 13 -42 Page 2 3. The minimum limits for taxicabs liability insurance are to be quoted "individual" liability amounts, or in lieu thereof as a "combined" liability amount, said liability minimum amounts to be established at the following limits with a deductible not to exceed $500, and shall also comply with all state and federal requirements if greater: a. "Individual" Liability Amounts 1) To cover the insured's liability for bodily injury or death of one person, as a result of one accident or other cause, Five Hundred Thousand Dollars ($500,000.00). 2) To cover the insured's liability for bodily injury or death of more than one person as a result of one accident or other cause, One Million Dollars ($1,000,000.00). If the taxicab has more than ten seats, the insured's liability for bodily injury shall be Two Million Dollars ($2,000,000.00). 3) To cover the insured's liability for damage to or destruction of property other than that of the insured as a result of any one accident or other cause, One Hundred Thousand Dollars ($100,000.00). b. "Combined" Liability Amount To cover the insured's liability for bodily injury or death of one or more persons as a result of any one accident or other cause, and to cover the insured's liability for damage to or destruction of property other than that of the insured as a result of any one accident or other cause, One Million Dollars ($1,000,000.00) combined. If the taxicab has more than ten seats, the insured's liability for bodily injury shall be Two Million Dollars $2,000,000.00). 4. The minimum limits for pedicabs and horse -drawn vehicle operator's liability insurance are to be quoted as "individual" liability amounts, or in lieu thereof as a "combined" liability amount, said liability minimum amounts to be established at the following limits with a deductible not to exceed $500, and shall also comply with all state and federal requirements if greater: a. "Individual" Liability Amounts 1) To cover the insured's liability for bodily injury or death of one person, as a result of one accident or other cause, Two Hundred Fifty Thousand Dollars ($250,000.00). 2) To cover the insured's liability for bodily injury or death of more than one person as a result of one accident or other cause, Two Hundred Fifty Thousand Dollars ($250,000.00). Resolution No. 13 -42 Page 3 3) To cover the insured's liability for damage to or destruction of property other than that of the insured as a result of any one accident or other cause, One Hundred Thousand Dollars ($100,000.00). b. "Combined" Liability Amount To cover the insured's liability for bodily injury or death of one or more persons as a result of any one accident or other cause, and to cover the insured's liability for damage to or destruction of property other than that of the insured as a result of any one accident or other cause, Two Hundred Fifty Thousand Dollars ($250,000.00) combined.. J Passed and approved this 19th day of February , 2013. .I *- =A ATTEST: k-1 - CITY CLERK S: taxi: restaxifees. doe Approved by City Attorney's Office Resolution No. 13 -42 Page 4 It was moved by Payne . and seconded by r1; rkPn G the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Champion x Dickens x Dobyns X Hayek x Mims x Payne x Throgmorton `02-1 V-13 Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5041 == RESOLUTION NO. 13 -43 RESOLUTION APPROVING THE PROCEDURAL RULES OF THE IOWA CITY BOARD OF ADJUSTMENT WHEREAS, the Procedural Rules of the Iowa City Board of Adjustment have been reviewed by the Board; and WHEREAS, at their December 12, 2012 meeting, the Iowa City Board of Adjustment has revised and unanimously approved new language that; 1. Sets filing periods for various appeals consistent with the zoning code; and 2. Establishes procedures for reconsideration of applications. and; WHEREAS, the City Council Rules Committee met on February 8, 2013 and reviewed the Rules and recommended approval of the revisions; and WHEREAS, it is in the public interest to adopt Procedural Rules which guide the procedures and actions of the Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The Procedural Rules as recommended by the Iowa City Board of Adjustment, attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed and approved this 19th day of February , 2013. ��' % ATTEST: W 4 ?e �A% CI LERK It was moved by Payne and seconded by adopted, and upon roll call there were: AYES: x �Y_ X --x- H x s /resolutiontoamend. doc 3 Dickens the Resolution be NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton PROCEDURAL RULES Iowa City Board of Adjustment December 12, 2012 ARTICLE I. AUTHORITY: The Iowa City Board of Adjustment shall have that authority which is conferred by Chapter 414 of the Code of Iowa; City Code Title 14, Chapter 7, entitled "Administration," Article A, entitled "Board of Adjustment," and through the adoption of these procedural rules stated herein. ARTICLE 11. MEMBERSHIP: Section 1. Qualifications. The Board of Adjustment shall consist of five (5) members appointed by the City Council. All members of the Board shall be qualified electors of the city of Iowa City, Iowa. A majority of the members of the Board shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, a new member shall be provided with a copy of the City Zoning Chapter, the Comprehensive Plan, the Board's procedural rules, and other information that would be useful to Board members in carrying out their duties. Each new member shall be given an orientation briefing by City staff. Section 4. Absences. Three consecutive unexplained absences of a Board member from regular Board meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Members shall be removable for cause by the City Council upon written charges after a public hearing. Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long- term illness, disqualification, or removal shall be filled for the unexpired term by the City Council after at least thirty (30) calendar days of public notice of the vacancy. Section 6. Terms. Members shall be appointed for terms of five years. No members shall be appointed to succeed themselves. However, a member appointed to fill an unexpired term with one year or less remaining may also be appointed concurrently for one full five (5) year term. Section 7. Resignations. Resignation should be submitted in writing to the Board Secretary, who will transmit the resignation to the Mayor with copies to the City Manager, the Director of Planning and Community Development, and the Board Chairperson, preferably at least sixty (60) days prior to the date of intended departure.. ARTICLE 111. OFFICERS: Section 1. Number. The officers of the Board shall be a Chairperson and a Vice - Chairperson, each of whom shall be elected by a majority vote of the members of the Board. The Board Secretary shall be a staff person, who is appointed by the Director of Planning and Community Development. Section 2. Election and Term of Office. The Chairperson and Vice - Chairperson shall be elected annually at the first regular meeting of the Board each year. Section 3. Vacancies. A vacancy in the office of Chairperson or Vice - Chairperson because of death, resignation, removal, disqualification, or other cause shall be filled by election from the members of the Board for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, call special meetings, and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Such Chairperson may administer oaths and compel the attendance of witnesses. Section 5. Vice - Chairperson. When the Chairperson is absent or abstaining, the Vice - Chairperson shall perform the duties of the Chairperson and shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6. Acting Chairperson. In the absence and /or due to the abstention of both the Chairperson and Vice - Chairperson, the remaining three - member Board may elect a member to serve as Acting Chairperson. The Acting Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 7. Secretary. The appointed staff person, who serves as the Board's Secretary, shall be responsible for maintaining the office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law, and for maintaining minutes and other records of the Board's proceedings. ARTICLE IV. APPLICATIONS: Section 1. Application Forms. Any application for a request or appeal to the Board of Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the Board. The Secretary's office is located in the Department of Planning and Community Development. Forms are also available in the office of the City Clerk. In the appropriate cases, the Building Inspector shall transmit to the Secretary all documents constituting a record, upon which the Board shall act. Section 2. Application Submittal. Applications or appeals to the Board shall be filed with the City Clerk within a reasonable time period, not to exceed 30 calendar days after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision by the Building Inspector to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than ten (10) business days after construction work pursuant to such permit is observable from adjacent properties of the public right -of -way or ten (10) business days after an alleged violation of the zoning code is similarly observable. Applicants may appeal an approval or a denial of a Certificate of Appropriateness from the Historic Preservation Commission within a conservation district by filing a letter with the City Clerk within ten (10) business days after a Resolution of Denial is filed by the Commission. Section 3. Application Filing Fee. The applicant shall complete the required forms, providing all information requested on the form, and any additional information as requested by the Secretary of the Board. A filing fee shall be paid upon presentation of the application. Application fees are established by resolution of the City Council. Section 4. Party of Interest. Requests for a variance or special exception must be filed on behalf of -the real party in interest, such as the owner or contract purchaser. Section 5. Case Number. An application filed according to the above procedure shall be given a case number within five (5) business days of the filing date. Case numbers will be assigned according to the order in which applications are received. ARTICLE V. NOTICE: Section 1. Notice Letters. No less than seven (7) business days prior to the public hearing, the Secretary of the Board shall send notice by mail to all property owners of record within 300 feet of the subject property. Such notice shall include a description of the action requested along with the time and location of the meeting. The applicant shall be formally notified of the time and place of the hearing, in writing, by the Secretary of the Board. Section 2. Newspaper Notice. Notice of the time and place of public hearings shall be published in a newspaper of general circulation not more than twenty (20) calendar day nor less than seven (7) business days prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the application or appeal. Section 3. Notice Sign. No less than seven (7) business days prior to the public hearing, the Applicant shall post a sign on or near the property upon which the application is being made, and shall remove the sign immediately following the public hearing on the application. The sign will be provided to the applicant(s) by the Board Secretary. ARTICLE VI. HEARING: Section 1. Regular Hearings. Hearings will be held as needed at a regular time and place to be set by the members of the Board. Section 2. Special Hearings. Special hearings or meetings of the Board may be called by the Chairperson and shall be called by the Chairperson or Vice - Chairperson at the request of three (3) or more members of the Board.. Section 3. Place of Hearings. All hearings and meetings of the Board shall be open to the public and shall be in a place accessible to people with disabilities. Section 4. Quorum. Three members of the Board shall constitute a quorum. Section 5. Applicant Representation. The applicant may, at the time of the public hearing, appear on their own behalf and be represented by agent and /or counsel. The applicant or their representative may present oral argument and testimony; witnesses, including experts; and may submit written evidence and exhibits in the form of statements, photos, charts, or other relevant evidence. In the absence of the applicant or their representative(s), the Board may proceed to act on the matter based on the information provided. Section 6. Briefs. The Board may request written briefs for legal argument. Applicants may submit written briefs if they so choose. Section 7. Conduct of Hearing. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair may swear witnesses and direct order of testimony. The Chair shall avoid testimony that is overly redundant. The Chair may provide for recesses during the deliberation, as appropriate. Section 8. Hearing Order. The order of hearing shall be as follows: 1. Staff presentation of the facts of the case and recommendation to the board. 2. Statement by proponents of the application. 3. Statement by opponents of the application. 4. Rebuttal by proponents and then by opponents. 5. General discussion by the Board. Section 9. Board Deliberation. After all parties have been heard, the public hearing will be declared closed so that the Board may deliberate the case. The Board must state findings of fact and conclusions of law. These facts and legal conclusions must be set forth in writing as required by Iowa Law. The Board may request additional comments from the participants. An application may be deferred or withdrawn at the request of the applicant at any time before a decision is made by the Board. Section 10. Board Motions. Motions may be made and seconded by any member of the Board other than the Chair. Motions are always made in the affirmative, approving the requested action. Section 11. Board Voting. After a motion and discussion, the Board shall be polled for votes. The concurring vote of three (3) members of the Board shall be required to uphold an appeal, to decide in favor of a special exception, or to grant a variance. Voting on Board decisions will be by roll call and will be recorded by yeas and nays. Every member of the Board, including the Chairperson, shall cast a vote on each motion. Proxy votes are not allowed. A Board member may abstain if he or she believes there is a conflict of interest. Any member that elects to abstain from voting shall state the reason for the abstention at the time of voting. Prior to the discussion of the matter under consideration, a member who plans to abstain from voting should inform the Board, and refrain from discussion and deliberation on a case where a conflict of interest exists for that Board member. An abstaining Board member may choose to leave the meeting room for the duration of the proceedings for that application. Section 12. Legal Advisor. The City Attorney or a designated representative shall act as legal counsel to the Board. Section 13. Conduct of Meetings. Except as otherwise provided herein, Roberts Rules of Order Newly Revised shall be used to conduct Board hearings and meetings. ARTICLE VII. RECORDS: Section 1. Record of Hearings. Audio recordings shall be made for all hearings and such recordings shall be kept for a period of no less than six (6) weeks. Minutes shall be produced from such recordings, and forwarded to the City Council after approval by the Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of the Board, and shall also be on file at the City Clerk's office. The applicant may request a court reporter at the applicant's own expense. Section 2. Case Files. The Secretary of the Board shall keep a file of all cases, including forms and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request, at cost. Section 3. Transcript. Upon request, a transcript of the audio recording of the Board's deliberation will be made, at cost. ARTICLE VIII. DECISIONS: Section 1. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are considered. Section 2. Formal decisions shall be made in writing, setting forth findings of fact and conclusions of law as required by Iowa law. Section 3. Each decision shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate the date and time of filing. The Clerk will forward the decision to the Johnson County Recorder's Office, for recording at the city's expense. Section 4. A copy of said decision shall be forwarded by the Secretary of the Board to the applicant, the Building Inspector, the City Attorney's Office, and any Attorney of Record within a reasonable time after filing with the City Clerk. Section 5. Reconsideration: Upon written request, the Board may reconsider a decision on a special exception or variance application. A request for reconsideration must be made within ten (10) business days of the meeting at which a vote on the application was originally taken and shall articulate and be based on evidence that was not presented or was unavailable at the time of the original hearing. A motion to reconsider must be made at the subsequent meeting by a member of the Board who voted on the prevailing side. If a motion to reconsider is approved, the application will be placed on the agenda of the next meeting in order to satisfy the requirement for public notice and hearing. No decision may be reconsidered more than once. Appeals to the Board may not be reconsidered. ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES. Section 1. A concurring vote of three (3) of the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting or at any special meeting called for that purpose. Amendments shall go into effect upon approval by the City Council. �I I CITY OF IOWA CITY 5 ..,.r._ � MEMORANDUM Date: February 13, 2013 To: Tom Markus, City Manager From: David Purdy, Community Development Planner Steve Long, Community Development Coordinator Re: IEDA Multi - Family Housing Application, February 19, 2013 Council Meeting Introduction The Iowa Economic Development Authority (IEDA) is soliciting proposals for affordable multi- family rental housing development. The source of funding for this program is the Community Development Block Grant (CDBG) Disaster Recovery Housing Fund. These funds complement the Single Family New Construction program and are meant to replace the housing stock destroyed or acquired from the flood buyouts. The City of Iowa City solicited proposals from multi - family developers to apply to this program. Two proposals were submitted by area developers and a committee of staff and community members reviewed the proposals and selected one to submit to the IEDA, SoBu Lofts. History/Background 4 Zero 4, LLC submitted their SoBu Lofts proposal for 40 -44 units of multi - family housing at 700 S. Dubuque Street. 4 Zero 4, LLC includes lead developer Jake Christensen, Tim Dwight and Justin Doyle. SoBu Lofts will provide up to 12 live /work lofts, 16 one - bedroom lofts and 16 efficiency lofts. The project was selected by the review committee because of its readiness to proceed, emphasis on sustainability and it fills a market need by providing a mix of affordable /workforce and market rate housing in the Riverfront Crossings area. Construction would start this summer. Twenty -three of these units would be set aside for low to moderate individuals. The low to moderate part of the proposed project will be limited to those households earning up to 80% of area median income, which is $48,850 for a household of two. IEDA requires a 10 -year compliance period for the affordable rental units. After this period, the units can be rented or sold at market rate and there are no income restrictions. Discussion of Solutions SoBu Lofts will provide one of the first major redevelopments in the Riverfront Crossings area. The design of SoBu Lofts follows the Riverfront Crossings master plan in terms of scale, use, height, sustainability, and orientation to street. It includes a mix of unit types and includes a small retail component. SoBu Lofts will be targeting small business owners for the live /work spaces and targeting workforce housing for the rest of the building. The total project cost will be nearly $7 million with $3 million provided by IEDA if the project is selected. Financial Impact There is no local match required for the IEDA Multi - Family Housing Program. Within the application is a 2% administrative fee to cover costs for community development staff to monitor the project. This project will pay full property taxes. Recommendation Staff recommends City Council pass a resolution supporting the 4 Zero 4, LLC SoBu Lofts multi- family housing application and to submit it to the Iowa Economic Development Authority by March 1, 2013 for their consideration. Cc: Jeff Davidson, Planning and Community Development Director Prepared by Steve Long, PCD, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5230 RESOLUTION NO. 13 -44 RESOLUTION OF SUPPORT TO THE IOWA ECONOMIC DEVELOPMENT AUTHORITY FOR SUBMITTAL OF AN APPLICATION FOR A CDBG DISASTER MULTI - FAMILY UNIT PRODUCTION ROUND 5 APPLICATION AND AUTHORIZING THE CITY MANAGER TO SIGN THE APPLICATION AND THE GRANT AGREEMENT WHEREAS, Iowa City was impacted by the floods of 2008; and WHEREAS, the Iowa Economic Development Authority (IEDA) invited communities to participate in the CDBG Disaster Multi - Family Unit Production Round 5 program; and WHEREAS, the City solicited proposals and chose the proposal submitted by 4 Zero 4, LLC for the SoBu Lofts project; and WHEREAS, the City Council has prioritized the redevelopment of the Riverfront Crossings; and WHEREAS, SoBu Lofts at 700 South Dubuque Street will provide affordable /workforce rental housing near the downtown area; and WHEREAS, the City Council finds it is in the best interest of the City to support the proposed SoBu Lofts project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The City of Iowa City agrees to support and submit the CDBG Disaster Multi - Family Unit Production Round 5 application to IEDA for the SoBu Lofts project by 4 Zero 4, LLC at 700 South Dubuque Street. 2. The City Manager is hereby authorized to sign the application and the grant agreement. Passed and approved this 19th day of February, 2013. ATTEST: CITY LERK L� u• •: Approved by ` � a -(3 ^9 City Attorney's Office Resolution No. 13 -44 Page ?_ It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Champion x Dickens x_ Dobyns x Hayek x Mims x Payne g Throgmorton Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5044 RESOLUTION NO. 13-45 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN' AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SOUTH HICKORY HILL PARK SAFE ROOM PROJECT. WHEREAS, City Construction Group LC of Iowa City, Iowa has submitted the lowest responsible bid of $258,758.00 for construction of the above -named project; and WHEREAS, the bid includes the base bid and Alternates #1 and #5; and WHEREAS, funds for this project are available in the Hickory Hill Park Restroom Project account # 4136. 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 for the base bid plus Alternates #1 and # 5 is hereby awarded to City Construction Group LC, 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 Director of Parks and Recreation is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 19th day of February , 20_j_3__. ATTEST:)"",) /1 41 1 (jlTftLERK Approved by A 2 C� City Attorney's Office It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton S:tENG1PVNResolutionslProject Resolutions\Award Contract\South Hickory Hill Safe Room Project, bids recieve on 02 14 2013 award 02 19 2013- Resolution to Award Contract.doc S_ A((0) NOTICE TO BIDDERS SOUTH HICKORY HILL PARK SAFE ROOM PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 14th day of February, 2013. 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 19th day of February, 2013, or at a special meeting called for that purpose. There will be a pre -bid meeting on Tuesday, January 22" at 10 a.m. in the Engineering Conference Room in City Hall, at 410 East Washington Street, Iowa City, Iowa. The Project will involve the following: The construction of a single story structure, with ADA accessible restrooms and Saferoom facility at South Hickory Hill Park. Construction shall include, but will not be limited to: cast in place concrete walls, mechanical, electrical and plumbing, site paving, an asphalt trail and finished site grading. This project will be funded by HMESD Funding and FEDERAL CONTRACT CLAUSE REQUIREMENTS- 44 CFR Section 13.36(1) are incorporated into the specifications. All work is to be done in strict compliance with the plans and specifications prepared by Neumann Monson Architects, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save 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 one (1) year(s) from and after its com- pletion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: April 15,2013 Completion Date: July 31, 2013 Liquidated Damages: $ 400.00per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Technigraphics Inc 415 Highland Ave Suite 100 Iowa City Iowa 52240 319 - 354 -5950 and 31- 354 -8973 (fax), by bona fide bidders. A $30.00 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Technigraphics. The fee will be returned if the plans are returned in unmarked and reusable condition within 15 days of Council Award. A separate and nonrefundable $15.00 shipping and handling fee will apply to plans that are sent through postal mail. 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 subcontract. 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 required 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 SAENG\ARCHITECTURE FILE\Projects\Soulh Hickory Hill Safe Room Pmject\Bid Documents and FEMA Review documents\notice to bidders- SOUTH HICKORY HILL SAFEROOM PROJECT- NO DATES.doc 5d(6) Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5044 RESOLUTION NO. RESOLUTI N AWARDING CONTRACT AND AUTHORIZING THE MAYOR O SIGN AND THE CITY CLERK TO ATTEST A CONTRACT OR CONSTRUCTI OF THE SOUTH HICKORY HILL PARK SAFE OM PROJECT. WHEREAS, of has sub fitted the lowest responsible bid of $ for construction of the above -named project* nd WHEREAS, funds for this project # 4136. NOW, THEREFORE, BE IT RESOL CITY, IOWA, THAT: available in the Hickory Hill Park 1. The contract for the construction Project account BY THE CITY COUNCIVOF THE CITY OF IOWA adequate performance and payment program statements. the above -narr ' _., subject to nod. insurance c project is hereby awarded to condition that awardee secure cates, and contract compliance 2. The Mayor is hereby authorized to sign ' t City Clerk to attest the contract for construction of the above -named project, sub' ct to the condition that awardee secure adequate performance and payment bond, int e certificates, and contract compliance program statements. 3. The Director of Parks and Recreation is Othorized b become necessary in the construction o he above -n Passed and approved this day MAYOR ATTEST: CITY CLERK It was moved by and seconded by adopted, and upon roll call Oere were: ute change orders as they may project. 20 Approved City Attorney's the Resolution be AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton SAENMARCHITECTURE FILEtProjectstSouth Hickory HIII Safe Room ProjechBid Documents and FEMA Review documents\Resolution to Award Contract- South Hickory Hill Safe Room Project- Clank, bids recieve on 02 14 2013 award 02 19 2013.doc Prepared by: Melissa Clow, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5413 RESOLUTION NO. 13 -46 RESOLUTION ACCEPTING THE WORK FOR THE PUBLIC WORKS COMPLEX SANITARY SEWER IMPROVEMENT PROJECT UZ-1 9-13 �.. 5d(7) WHEREAS, the Engineering Division has recommended that the work for construction of the Public Works Complex Sanitary Sewer Improvement Project, as included in a contract between the City of Iowa City and Ricklefs Excavating, Ltd. of Anamosa, IA, dated June 29, 2012, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Public Works Facility Site Work account # 3956; and WHEREAS, the final contract price is $61,867.20. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 19th day of February , 20_.U_. /5A&A&f MAYOR Approved by ATTEST: Alaat,J -e• loin , AW CIT LERK City Attorney's Office ai (fIC3 It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: X X X_ X X X X Pweng /masters /acptwork.doc 2/13 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 1- it ,'0E�, -"� M — -4 '4 i"MM; CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org ENGINEER'S REPORT February 5, 2013 City Clerk City of Iowa City, Iowa Re: Iowa City Public Works Sanitary Sewer Improvement Project Dear City Clerk: I hereby certify that the construction of the Iowa City Public Works Sanitary Sewer Improvement Project has been completed by Ricklefs Excavating of Anamosa, Iowa in substantial accordance with the plans and specifications prepared by City of Iowa City, Iowa. The final contract price is $61,867.20. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer CITY OF IOWA CITY sdlal M RA N D U M EMC) DATE: February 8, 2013 TO: Tom Markus, City Manager � ♦�� FROM: Sam Hargadine, Police Chief RE: Consultant Agreement with Neumann Monson Architects for the Animal Center Project Phase II- Design Services, Design Development through Construction Administration Introduction: The City of Iowa City has received funding from the Federal Emergency Management Agency (FEMA) to construct a new Animal Center to replace the previous facility damaged by the 2008 flood of the Iowa River. The City with the consultant work from Neumann Monson PC has completed a Phase I- programming review and schematic design, determined a facility size and a cap of a three million dollar budget for the future building project. The City has approval from FEMA to proceed with an improved project and timeline for the selected site. History /Background: The former Animal Control Facility was damaged beyond repair in the 2008 flood. Operations since the flood have been housed in a rented facility south of town. The future Animal Center will be located on City property west of the Salt Storage structure at 3910 Napoleon Lane. This site has been approved by the Federal Emergency Management Agency (FEMA) for relocation. The size of the future facility has been determined and is dependent upon fiscal support from other local governmental agencies for the construction of a facility to support their Animal Center needs, and from a pending Capital Campaign by the Friends of the Animal Center Foundation (FACF). The original work with the consultant was separated into two contractual phases: • PHASE I- Programming Review and Schematic Design- complete • PHASE II- Design Development, Produce Plans and Specifications, Bidding &Negotiations and Construction Administration The original RFP did include design and construction phase services, however the contract was split into two phases because the design phase services could not be accurately defined until the outcome of programming and schematic design was known. Neumann Monson PC was chosen based on their RFP response to both phases. Moreover, two phases were necessary because the ultimate scope of the project had not yet been defined since not all communities that used the former facility had committed to the new building project. The final scope is now determined by the fiscal support from the participating neighboring communities and the Capitol Campaign by the FACF. Neumann Monson Architects will assist the City in developing the final scope, bid documents and construction administration. The first phase is fully complete and preliminary plans have been approved by FEMA, staff is now prepared to commence with Phase 11 work. February 12, 2013 Page 2 Discussion of Solutions: The next step in this process is to proceed with PHASE II- which includes: Design Development, Produce Plans and Specifications, Bidding & Negotiations and Construction Administration contract with Neumann Monson PC. The tentative Animal Center project schedule is as follows: January 2012 Council Awards agreement for PHASE February 2013 PHASE II- A & E agreement submitted to Council for approval October 2013 Final Plan Submission /Final FEMA review January 2014 Bidding and Award , June 2015 Construction Complete Financial Impact: The fee for part of this contract is considered a reimbursable expense to the City by FEMA. The agreement is a lump sum fixed fee of $295,520.00, based on 8% of the construction costs determined from the original Phase I agreement. Recommendation: Staff recommends that Council approve the agreement to enter into a Phase II- Programming Review and Schematic Design contract with Neumann, Monson PC. cc: Kumi Morris, Engineering Division Sam Hargadine, Police Department S:\ENG\ARCHITECTURE FILE\Projects\Animal Center ProjectXNeumann Monson Agreement for Animal Care and Adoption Center Phase ll \Memo to City Manager - contract Neumann Monson for Phase II of Animal Center Project.doc Prepared by: Kumi Morris, Public Works Dept., 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5044 RESOLUTION NO. 3 -47 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 NEUMANN MONSON PC OF IOWA CITY, TO PROVIDE ARCHITECTURE CONSULTANT SERVICES FOR THE PHASE II DESIGN FOR THE ANIMAL CARE AND ADOPTION CENTER PROJECT. WHEREAS, the City of Iowa City has received a grant from the Federal Emergency Management Agency (FEMA) to construct a new Animal Center to replace the previous facility damaged by the 2008 flood of the Iowa River; and WHEREAS, the City previously retained Neumann Monson Architects to conduct a Phase I- Programming Review and Schematic Design with subconsultant Jackson & Ryan Architects using the shelter programming needs study ( "the Iowa City Animal Care and Adoption Center Program Study "); and WHEREAS, the PHASE I- Programming Review and Schematic Design is complete and a facility size and budget have been determined for the future facility; and WHEREAS, the City desires to retain the Consultant, an architectural firm registered in the State of Iowa, to perform the Phase II work of design development through construction administration for the new facility for the FEMA approved location; and WHEREAS, the schematic design alternatives shall include alternatives showing improvements beyond those included in the FEMA grant agreement; and WHEREAS, funds for this project are available in the Animal Shelter Replacement PW 3039 account #4422 and 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. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 19thday of February 120 13 Approved by s . a .,x.-13 City Attorney's Office &1ENG1PMResolutionslProject Resolutions \Consultant Agreement\Animal Shelter Consultant Agreement for Phase 11 Services.doc Resolution No. 13-47 Page 2 It was moved by Pine and seconded by n P i rkn a the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 19th day of February 2013 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and Neumann Monson PC, of Iowa City, hereinafter referred to as the Consultant. WHEREAS, the City of Iowa City has received a grant from the Federal Emergency Management Agency (FEMA) to construct a new Animal Center to replace the previous facility damaged by the 2008 flood of the Iowa River; and WHEREAS, the City previously retained Neumann Monson Architects to conduct a Phase (- Programming Review and Schematic Design with subconsultant Jackson & Ryan Architects using the shelter programming needs study ( "the Iowa City Animal Care and Adoption Center Program Study "); and WHEREAS, the PHASE I- Programming Review and Schematic Design is complete and a facility size and budget have been determined for the future facility; and WHEREAS, the City desires to retain the Consultant, an architectural firm registered in the State of Iowa, to perform the Phase II work of design development through construction administration for the new facility for the FEMA approved location; and WHEREAS, the schematic design alternatives shall include alternatives showing improvements beyond those included in the FEMA grant agreement, and such alternatives shall be considered "Improved Project" alternatives. NOW THEREFORE, it is agreed by and between the parties hereto that the City. does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. DESCRIPTION OF PROJECT SCOPE 1. The Consultant shall prepare, for approval by the City, design development documents consisting of drawings and other documents to generally describe the schematic size and character of the project and upon approval of design development, the Consultant shall commence with construction specifications and bid documents, bidding through construction administration. 2. Conduct meetings and organize information between the subconsultants, including Jackson & Ryan Architects, and the City. 3. Assist in geotechnical services and survey work, which shall include a site analysis, including survey and a general geotechnical review. 4. The Project will be funded by FEMA funding and all necessary reviews and information will be coordinated with the City for this third party. -2- 5. Establish preliminary estimates of construction costs: i. At the completion of the Design Development phase, ii. At 95% completion of Construction Documents, and iii. A final cost estimate before bidding and negotiation, with the submittal of plans and specifications to the City Clerk 6. Develop Design and Construction Documents for the Animal Care and Adoption Center facility and exterior spaces operated by the facility. 7. Maintain meeting minutes of on -site meetings attended by the Consultant through the duration this agreement. 8. For purposes of this agreement, an Improved Project is defined as: Is any project (large or small) where the City (applicant) chooses to make additional improvements to the facility while making disaster repairs. City (applicants) performing restoration work on a damaged facility may use the opportunity to make additional improvements while still restoring the facility to its pre- disaster design. 9. The Consultant will coordinate with and provide documentation to the City's Commissioning Agent to achieve commissioning services for the project. B. DESIGN DEVELOPMENT: Conduct meeting(s) with the City staff to confirm the Design Development requirements previously established by Phase I Programming Review and Schematic Design. Consultant shall ascertain the current wants versus needs for the facility and exterior spaces. The meetings will involve intensive input process involving users of the facility, Jackson and Ryan Architects, FEMA and FACF, the public and other neighboring entities and institutions. 2. Development documents consisting of drawings and other documents to fix and describe the size and character of the Project, as to the architectural, structural electrical, civil and mechanical systems. These documents shall also include information on materials and other such elements as may be appropriate and clearly define the separate scope and costs if an Improved Project is approved by all governmental agencies. 3. Evaluate alternatives in relation to original FEMA requirements and funding and an Improved Project. 4. Compile comprehensive equipment list and specifications. 5. Organize and coordinate information from the City and external entities, such as Utility companies and or State agencies, such as the IDNR. 6. Advise the City of any adjustments to the preliminary estimate of Construction Costs (see A.5 above). C. CONSTRUCTION DOCUMENTS: -3- 1. Based on approval of the Design Development Documents, the Consultant shall prepare Construction Documents consisting of Drawings and Specifications setting forth detail in the requirements for the construction of the Project which shall comply with all regulatory requirements of the Iowa City Building and Fire Codes, Workplace, Health and Safety, the State, OSHA and Controlled Product Standards and any other applicable codes /bylaws. 2. Assist the City in the preparation of necessary bidding information and contractual documentation. 3. Assist the City in the City's responsibilities for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 4. Establish a final construction cost estimate. D. BIDDING AND NEGOTIATION: 1. Assist the City in preparation of bid documents, conduct the prebid meeting, formally answer bidders' questions, and review and analyze the bid documents and make a formal recommendation to the City. 2. Prepare and distribute any addendums as necessary. E. CONSTRUCTION ADMINISTRATION: 1. Assist the City with administration of the construction according to the City - approved plans and specifications. Including but not limited to, submittal review and review of contractor's schedule of values and project schedule. 2. Assist the City with review and monitor the costs and schedule throughout the process; immediately report any deviations from approved cost and schedule to the City. 3. The Consultant shall be a representative of and shall advise and consult with the City during the administration of the Contract for Construction. The Consultant shall have authority to act on behalf of the City only to the extent provided in this Agreement unless otherwise modified by written amendment. 4. The Consultant, as a representative of the City, shall visit the site a minimum of every 7 calendar days or at intervals appropriate to the stage of the Contractor's operations: a. to become generally familiar with and to keep the City informed about the progress and quality of the portion of the Work completed, b. to endeavor to guard the City against defects and deficiencies in the Work, and c. to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Consultant shall not be required to make -4- exhaustive or continuous on -site inspections to check the quality or quantity of the Work. 5. The Consultant shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 6. The Consultant shall at all times have access to the Work wherever it is in preparation or progress. 7. Review and approve or decline Contractor pay applications. 8. Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the City shall endeavor to communicate with the Contractor through the Consultant about matters arising out of or relating to the Contract Documents. Communications by and with the Consultant's consultants shall be through the Consultant. 9. Provide Record Drawings updated documents within an AutoCAD format. F. SUBCONSULTANT SCOPE — Jackson & Ryan Architects: 1. Consultant shall retain as a subconsultant, Jackson & Ryan Architects, to perform the following services during Phase II: a. Design Development: Prepare interior elevations of animal environments, prepare animal equipment specifications and cut sheets. b. Construction Documentation: Review all animal related documentation in drawings and specification; assist with animal environment detailing. c. Bidding Negotiation: Review proposals for animal equipment costs. d. Construction Administration: Conduct three site visits- one for the pre - construction meeting, one during the installation of the animal environment equipment and one post- construction visit to develop a punch list of animal environments. e. The relationship hierarchy will be: City of Iowa City J3 Neumann Monson Architects Jackson & Ryan Architects G. SUBCONSULTANT SCOPE — MMS Consultants: -5- 1. Consultant shall retain as a subconsultant, MMS Consultants to perform the following services during Phase II: Civil engineering services for the remainder of the project, including construction documents; revisions per the City; meetings; coordination with other consultants; SWPPP, NPDES and CSR permit preparation; and bidding assistance. a. The relationship hierarchy will be: City of Iowa City Neumann Monson Architects MMS Consultants II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. A. Initiate Design Development documents for Project on February 20, 2013. B. Complete construction documents by September 1, 2013. C. FEMA REVIEW PROCESS: October 1, 2013. D. City Council award of Construction Contract: January 2014. E. Final Completion date for the construction project is April 2015. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. ISM 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 applicable 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 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. Final contract drawings shall become the property of the City. The Consultant shall be allowed to keep electronic copies for the Consultant's own 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 acknowledges 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, -7- 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. DELIVERABLES A. Prepare a set of reproducible record drawings showing significant changes to the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Consultant. B. A full set of "As Constructed" Record drawings in electronic format as follows: 1. CAD files shall be in Autodesk AutoCAD drawing file format, version 2008 or earlier. If the file(s) have been translated from another CAD application, it should be noted as such. 2. Each plan sheet should be ready to print. 3. If applicable, include all file types used in the plan set; these may include, but not be limited to, linked attachments such as Tiffs, spreadsheets, and external reference drawings. Do not include any project data files or other documents not contained within the plan set. If necessary, include a "Read me" document for any clarification that may be necessary. 4. All drawing files that have externally referenced drawings shall be inserted or bound into the drawing file. If this is not possible, externally referenced drawings should be located in the same folder as the drawing files. 5. All submittals shall include an explanation of the Consultant's CAD layer scheme. 6. All drawing files shall have the correct layer scheme in place. 7. All submittals shall include the 'plot style' (pen assignments) or .ctb file, in order for prints of the drawings to have the intended appearance. IV. COMPENSATION FOR SERVICES A. Compensation for Basic Services will be based on a fixed fee not -to- exceed $226,000 (two hundred twenty -six thousand dollars): a. DESIGN DEVELOPMENT DOCUMENTS $56,500 b. FINAL DESIGN $79,100 c. BIDDING ASSISTANCE $11,300 d. CONSTRUCTION SERVICES $79,100 SUBTOTAL OF PROPOSAL FEE $226,000.00 B. Reimbursable Expenses (not including final printing) Not -to- exceed: $8000.00 C. SUBCONSULTANT FEE a. MMS CONSULTANT ENGINEERING FEE $18,200 b. JACKSON & RYAN FEE $45,000 c INSURANCE AND LIABILITY MARKUP $6,320 SUBTOTAL $69,520.00 D. PROJECT TOTAL( Not -to- exceed) .............. ............................... $303,520.00 V. MISCELLANEOUS A. In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. 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: Matthew J. Hayek Title: Mayor Date: February 19, 2013 ATTEST: z . IeZ4.4.2 Cit Clerk FOR THE C NSULTANT By: Title: Principal � ' � Date: • �00;� Approved b City Attorney's Office Date DRAFT Agreement -Phase II CA- Neumann Monson Animal Care and Adoption Center 02 11 13 (2) (3).doc 5J (,/,N 1 `,m. 1 1 -4 CITY OF IOWA CITY MEMORANDUM DATE: February 13, 2013 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer ;E�,_Ipw RE: Burlington /Clinton Intersection Improvements Consultant Agreement Introduction: This project will reconstruct the intersection of Burlington Street and Clinton Street in order to add turn lanes on Clinton Street. This project will include signal modifications as well as water main replacement along Clinton Street between Court Street and Burlington Street. History /Background: The intersection of Burlington Street and Clinton Street ranks 2nd in highest collision locations in Iowa City. In addition, this intersection will become more traveled as development continues with both the University of Iowa School of Music and Hieronymus Square. Financial Impact: This project is estimated to cost $1.1 million and is currently part of the FY2012- FY2016 program. Funding is designated as General Obligation bonds, and a grant application will be submitted for Traffic Safety Improvement Program (TSIP) assistance. Discussion of Solution: Widening will occur on both the north and south leg of Clinton Street at the intersection of Burlington Street. This widening will result in dedicated left turn lanes, as well as right turn and thru lanes. This project is being designed and planned for to be completed during the latter period of the University of Iowa's School of Music project to be constructed on the southwest corner of Clinton Street in this same location. Recommendation: Staff recommends the authorization of the Consultant Agreement with Shive - Hattery, Inc. Design will take place in 2013 with construction to follow in 2015. Y1 Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5437 RESOLUTION NO. 13 -48 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 SHIVE- HATTERY, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE BURLINGTON /CLINTON INTERSECTION IMPROVEMENTS PROJECT. WHEREAS, the City of Iowa City desires to reconstruct the intersection of Burlington St. and Clinton St. to add turn lanes on Clinton Street; and WHEREAS, this project will include traffic signal improvements and removal and replacement of the existing water main along Clinton Street; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the Burlington /Clinton Intersection Improvements Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Shive- Hattery, Inc., to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Shive - Hattery, Inc. WHEREAS, funds for this project are available in the Burlington /Clinton Intersection Improvements account #3840; and 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 19th day of February 20 13 ATTEST: CITY LERK Pwenghasters/designagt.doc Approve d by City A orney's Office Aqfr� 5d(9) Resolution No. 13 -48 Page 2 It was moved by Payne • and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion _ x Dickens x Dobyns X, Hayek x Mims x Payne x Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 19tbday of February , 2013, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive- Hattery, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City desires to construct intersection improvements at Burlington and Clinton Street. This project will reconstruct the intersection of Burlington and Clinton to add turn lanes on Clinton, reconfigure traffic signal equipment, and replace water mains. This project is proposed for completion following construction of the University of Iowa School of Music replacement facility at the southwest corner of Burlington and Clinton. The project will also include sidewalk curb ramps and landscape restoration. 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. Survey and Base Mapping A. Design Survey The Consultant shall perform surveys as necessary to prepare a topography map within the project limits area, as shown on Exhibit A. B. Base Map Preparation A base map to facilitate the intersection design will be prepared from the topographic survey information. The map will be prepared in the project limits area and will include existing topography features, right -of -way and easement lines, buried utilities based on field locates, and above ground surface features. Preliminary Design Phase C. Preliminary Design Prepare project design criteria for City review and approval. 2. Prepare one or more proposed design concepts for City review and approval. Concept design will include lane configurations, traffic signal concept, sidewalk curb ramp layouts to meet PROWAG guidelines, details of how the proposed widening will affect adjacent sidewalks, and drainage considerations. 3. Develop a preliminary traffic control plan consistent with the proposed construction schedules. 4. Prepare anticipated intersection improvement project schedule and concept phase level opinion of probable construction cost. 112115P -2- 5. Prepare and submit required initial submittals to the City for preliminary design approval. 6. Meet with City representatives to review preliminary project design and obtain review comments. Prepare meeting exhibits and summary and distribute to attendees. 7. Meet with affected utility companies to review the preliminary design and obtain review comments. Prepare meeting exhibits and summary and distribute to attendees. Construction Document Phase A. Final Pavement Design Determine the pavement structures including type, thickness of surfacing, subbase design, subdrainage design, typical joint designs, and related pavement details. B. Final Plan, Jointing, and Staking The final design and drafting of the intersection plan, pavement jointing, and staking will be prepared on base maps for the project. C. Final Design of Sidewalk Curb Ramps Prepare the final design of the sidewalk curb ramps for the project. Sidewalk Curb Ramp Plans and Sidewalk Compliance Tabulations will be developed. D. Final Design of Traffic Signal Improvements Final design and drafting of intersection traffic signal improvements will be provided in the project plans. E. Lighting Replacement Final design and drafting of lighting replacement required as part of the project. F. Final Design of Water Main Replacement Layout plans and appropriate detailed design drawings showing the water main replacement along the east side of Clinton Street, from Court Street to Burlington Street. G. Final Design of Signing and Pavement Markings Final design and drafting of intersection signing and pavement markings which are to be a permanent part of the project. H. Final Design of Traffic Control Requirements The final design and drafting of the traffic control plan will be provided in the project plans. Based on location and construction, it is anticipated that several phases /stages will need 112115P J. K. L. M N .M IN -3- to be provided to accomplish the construction safely while maintaining traffic. Traffic signalization modifications during construction phases will be modeled and incorporated to minimize disruption to the traffic on Burlington Street and Clinton Street. Traffic control plans will be coordinated with the Iowa DOT. Landscape Restoration Final design and drafting of landscape restoration required as part of the project. Final Design of Incidental Components Incidental design work necessary for the project concept such as water pumps, manhole and valve adjustments, relocations, etc. not specifically stated herein necessary to construct a final completed project shall be the responsibility of the Consultant and no additional compensation shall be provided. Specifications The Statewide Urban Design Standards (SODAS) will be utilized as the technical specifications for the project. The City of Iowa City standard contract documents will also be utilized for this project. Supplemental specifications and special provisions required by the project will be prepared and incorporated with the standard documents. Final Quantities The final bid quantities will be determined and included with the project specifications bidding form. Final Cost Opinion Following completion of the final design, an opinion of probable construction costs based on the final design will be prepared. Submittals, Reviews, and Revisions Submit plans, approximately 75% complete, to the City to facilitate plans /specification review and field examination. Participate in field examination and plan /specification review with the City. Final Plan and Specification Submittal Submit final plans, specifications, contract documents, and opinion of probable construction costs to the City for final approval. Assemble Plan Documents Following final plan revisions, assemble title sheet, project quantities and reference sheet, location plan, pavement detail sheets, plan, jointing and staking sheets, sidewalk curb ramp detail sheets, traffic signal sheets, lighting sheets, signing and pavement marking sheets, traffic control sheets, water main sheets, and landscape restoration sheets. 112115P -4- Q. Utilities Submit plans to affected utility companies and communicate relocation needs. The City will lead the coordination effort with utilities. The Consultant will provide assistance as needed. Permitting Prepare and submit Iowa Department of Transportation Application to Perform Work Within State Highway Right -of -Way. Bidding and Construction Phases The City will provide bidding and construction phase services. The Consultant will respond to questions during the bidding and construction phases, prepare addenda as appropriate, and attend the preconstruction conference. Traffic Safety Improvement Program (TSIP) Grant Application: The City will prepare the TSIP Grant Application. The Consultant will provide information needed to complete the application. Additional Services Right -of -Way / Easement Services: At this time the extent of permanent and /or temporary easements or right -of -way is unknown for the project. Right -of -Way / Easement services such as preparation of plats and legal descriptions may be provided as additional services. Construction Staking: Construction staking services may be added as additional services. Environmental Mitigation: Should environmental mitigation be required for the project, these mitigation services may be provided as additional services. Geotechnical: Geotechnical investigation services may be added as additional services. 112115P -5- II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown below. Survey & Base Mapping Preliminary Design Phase Construction Document Phase TSIP Grant Application Bidding* Construction* Start Complete February 2013 March 2013 April 2013 May 2013 May 2013 July 2013 July 2013 August 2013 March 2015 April 2015 May 2015 July 2015 * Actual Bidding and Construction schedule may be modified to accommodate the University of Iowa School of Music building project on the southwest corner of Burlington and Clinton. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be 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. 112115P I M. 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. 112115P -7- IV. COMPENSATION FOR SERVICES The Consultant shall be compensated for the above scope of services for an hourly not -to- exceed fee of $70,600 calculated based on the rate schedule attached and incorporated herein. An estimated breakout of the fee is as set out below. The Consultant shall be compensated for reimbursable expenses such as mileage, postage, printing and plotting for the project with expenses estimated to be $500. The Consultant shall obtain prior written approval from the City prior to performing any work beyond that set out in the above scope of services by way of a written agreement. Hourly Not -to- Exceed Fee Schedule Survey & Base Mapping $4,000 Preliminary Design Phase 10,000 Construction Document Phase 47,100 Permitting Phase 3,500 Bidding and Construction Phase 4,600 Traffic Safety Improvement Program Grant Application 1,400 Expenses 500 Total $71,100 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 FOR THE CONSULTANT By. By: 1— E ; J Matthew J. Hayek rian J. Willham, PE, PTOE Title: Mayor Title: Project Manager Date: February 19, 2013 ATTEST: eG,4,t/ City lerk pwffommskonsagmUrm 112115P Date: January 23, 2013 Approved by: City Attorney's Office Date T ® 2 C 6 RAW! E jwl HI RI Ul i °R I I I "LIP E jwl HI RI Ul "LIP jwl HI RI Ul "LIP }z rf z W in 5 W a WWI W W a F i Q ° o F- rn rn z rn LU gg Z z O �d ZZ F- "� 3 >o Z W Z V � a e o W g g �o `< Yl ? m Q Z 4 Y I II g Zf 40 X W a a R M I ttai ay, I ow=/a/m +era I Yara[- IfWN� \smus\oian- �Aw!V\a I aaanwsv I Burlington /Clinton Street Intersection Improvements Fee by Task hrs hriv rate extended 1 Survey and Base Mapping Grade 8 Prof staff 4 $ 164 $ 656 Grade 3 Prof staff 8 $ 102 $ 816 2- person survey staff 16 $ 159 $ 2,544 $ 4,016 2 Preliminary Design Phase Research, Data Gathering, Design Criteria Grade 6 Prof staff 2 $ 135 $ 270 Grade 4 Prof staff 4 $ 113 $ 452 Grade 3 Prof staff 4 $ 102 $ 408 Admin staff 4 $ 52 $ 208 $ 1,338 Prepare Design Concept (Roadway, Traffic Signal, Curb Ramps) Grade 6 Prof staff 12 $ 135 $ 1,620 Grade 4 Prof staff 20 $ 113 $ 2,260 Grade 3 Prof staff 24 $ 102 $ 2,448 Admin staff $ 52 $ - $ 6,328 Meeting to Review Design Concept Grade 6 Prof staff 4 $ 135 $ 540 Grade 4 Prof staff 4 $ 113 $ 452 Grade 3 Prof staff 4 $ 102 $ 408 Admin staff $ 52 $ - $ 1,400 Meeting with Utility Companies Grade 6 Prof staff 2 $ 135 $ 270 Grade 4 Prof staff 4 $ 113 $ 452 Grade 3 Prof staff 2 $ 102 $ 204 Admin staff $ 52 $ - $ 926 3 Construction Document Phase Final Pavement Dan, Plan, Jointing, Stakina Grade 6 Prof staff 8 $ 135 $ 1,080 Grade 4 Prof staff 16 $ 113 $ 1,808 Grade 3 Prof staff 32 $ 102 $ 3,264 $ 6,152 Sidewalk Curb Ramps - Plans & Tabulations Grade 6 Prof staff 8 $ 135 $ 1,080 Grade 4 Prof staff 16 $ 113 $ 1,808 Grade 3 Prof staff 20 $ 102 $ 2,040 $ 4,928 Traffic Signal & Liahtinq Grade 6 Prof staff 24 $ 135 $ 3,240 Grade 4 Prof staff 32 $ 113 $ 3,616 Grade 3 Prof staff 20 $ 102 $ 2,040 $ 8,896 Signing & Marking, Traffic Control Grade 6 Prof staff 16 $ 135 $ 2,160 Grade 4 Prof staff 24 $ 113 $ 2,712 Grade 3 Prof staff 24 $ 102 $ 2,448 $ 7,320 Water Main Replacement Grade 6 Prof staff 8 $ 135 $ 1,080 Grade 4 Prof staff 16 $ 113 $ 1,808 Grade 3 Prof staff 32 $ 102 $ 3,264 $ 6,152 Landscape Restoration Grade 6 Prof staff 4 $ 135 $ 540 Grade 4 Prof staff 12 $ 113 $ 1,356 Grade 3 Prof staff 8 $ 102 $ 816 $ 2,712 Specifications, Quantities, Cost Opinion Grade 6 Prof staff 8 $ 135 $ 1,080 Grade 4 Prof staff 12 $ 113 $ 1,356 Grade 3 Prof staff 20 $ 102 $ 2,040 Admin staff 12 $ 52 $ 624 $ 5,100 Submittals (75% & Final), Field Review Grade 6 Prof staff 16 $ 135 $ 2,160 Grade 4 Prof staff 16 $ 113 $ 1,808 Grade 3 Prof staff 16 $ 102 $ 1,632 Admin staff 4 $ 52 $ 208 $ 5,808 4 Permitting Grade 6 Prof staff 8 $ 135 $ 1,080 Grade 4 Prof staff 12 $ 113 $ 1,356 Grade 3 Prof staff 8 $ 102 $ 816 Admin staff 4 $ 52 $ 208 $ 3,460 5 Bidding and Construction Phases Grade 6 Prof staff 10 $ 135 $ 1,350 Grade 4 Prof staff 16 $ 113 $ 1,808 Grade 3 Prof staff 12 $ 102 $ 1,224 Admin staff 4 $ 52 $ 208 $ 4,590 6 Traffic Safety Improvement Program Grant Application Grade 6 Prof staff 4 $ 135 $ 540 Grade 4 Prof staff 8 $ 113 $ 904 $ 1,444 Expenses $ 500 $ 71,100 SH IVEHAT ERY A R C H I T E C T U R E + E N G I N E E R I N G (319) 3543040 (800) 798 -3040 FAX: (319) 354 -6921 http:/Awiw.shive-hattery.com Shive- Hattery, Inc. 2834 Northgate Drive Iowa City, IA 52245568 City of Iowa City Burlington Street and Clinton Street Intersection Improvements Opinion of Anticipated Project Costs - Concept Stage January 21, 2013 DescriDtion Quantity Units Unit Cost Extended Cost 1 Pavement Removal 1340 SY $15 20,100 2 PCC Pavement Widening, 9" 300 SY $60 18,000 3 PCC Pavement Replacement, 9" 1290 SY $60 77,400 4 Modified Subbase, 6" 270 CY $40 10,800 5 Longitudinal Subdrain, 4" 1000 LF $10 10,000 6 Traffic Signalization Removal 1 LS $10,000 10,000 7 Traffic Signalization (Excluding Controller Relocation) 1 LS $150,000 150,000 8 PCC Sidewalk, 6" 75 SY $50 3,750 9 Sidewalk Curb Ramps 4 EA $1,000 4,000 10 Utility Relocations 1 LS $5,000 5,000 11 Water Main Replacement 1 LS $100,000 100,000 12 Traffic Control 1 LS $30,000 30,000 13 Mobilization 1 LS $25,000 25,000 14 Erosion Control 1 LS $7,500 7,500 15 Landscape Restoration 1 LS $15,000 15,000 Construction Total $487,000 Construction Contingency (20 %) 97,400 Design (Shive- Hattery) 71,100 Engineering /Admin (City of Iowa City) 48,700 Anticipated Project Total $704,200 112115 -P Page 1 of 1 r r -*A -4 u CITY OF IOWA CITY i 71� MEMORANDUM DATE: February 4, 2013 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer re: Landfill Annual Air and Groundwater Monitoring Services Agreement February 19 Introduction: The City of Iowa City owns and operates the Iowa City Landfill and Recycling Center. The facility has a gas collection system and is surrounded by groundwater monitoring wells. Each year both systems are monitored and analyzed for quality control and the results are submitted to the Iowa DNR for review. History /Background: Professional engineering services are required to monitor, analyze, prepare and submit the necessary regulatory reports for the landfill gas collection system and groundwater monitoring systems. Staff has made the decision to outsource this work since 1992 because there are specialized technical skills and software necessary. Last year the Iowa DNR required that statistical analysis be calculated for each semi - annual report submittal instead of the past annual submittal resulting in additional statistical work for this calendar year. Discussion of Solution: An agreement has been negotiated with HR Green Inc. to provide these services for 2013. Financial Impact: The total cost of engineering services is $134,500. Funding will be provided by landfill revenues. Recommendation: Staff recommends approval of the engineering services contract amendment with HR Green Inc. at the February 19 City Council Meeting. cc: Rick Fosse, Public Works Director Daniel Scott, Project Engineer Mb Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5144 RESOLUTION NO. 13 -49 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 HR GREEN INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY LANDFILL AND RECYCLING CENTER. WHEREAS, the City of Iowa City owns and operates the Iowa City Landfill and Recycling Center; and WHEREAS, professional engineering services are required to operate and monitor the landfill gas collection system and prepare necessary quarterly, semi - annual and annual air quality reports in accordance with state and federal regulations; and WHEREAS, professional engineering services are required to operate and monitor the groundwater and surface water systems and prepare necessary quarterly, semi - annual and annual water quality reports in accordance with state and federal regulations; and WHEREAS, an Agreement for professional engineering services has been negotiated with and executed by HR Green Inc. of Cedar Rapids, Iowa; and WHEREAS, funds for this project are available in the Landfill Operating account #7500; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City to enter into said Agreement with HR Green Inc. Consulting Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement. Passed and approved this 19th day of February 20 13 ATTEST: CITY-CLERK Pweng/masters/des ignagt. doc MAYOR Ap oved by City Attorney's Office 5d(10) Resolution No. 13 -49 Page 2 It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims _ x Payne x Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 19th day of February 2013, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY and HR Green. Inc., of Cedar Rapids. Iowa , hereinafter referred to as the CONSULTANT. WHEREAS, the CITY has a Sanitary Disposal Project Permit and a Title V Air Emissions Permit issued by the Iowa Department of Natural Resources (IDNR) which permit certain activities at the Iowa City Landfill; and WHEREAS these permits require certain monitoring, reporting and certification activities to be performed; and WHEREAS, the CITY desires to secure the services of an engineering consulting firm to provide assistance in the completion of environmental services at the Iowa City Landfill and Recycling Center, in order to remain in compliance with the requirements of its permits. 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 The CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely and satisfactory manner. A. Title V Air Emissions Permit Compliance The CONSULTANT will perform the following services with regard to compliance requirements pursuant to the City's Title V Air Emissions Permit: 1. Title V Annual Compliance Certification Report By March 31, 2013, compliance certifications will be prepared for submittal of data collected for 2012. The certifications will include descriptions of means to monitor the compliance status of all emissions sources including emissions limitations, standards, and work practices in accordance with applicable requirements. The certification of sources will include the identification of each term or condition of the permit that is the basis of the certification; the compliance status; whether compliance was continuous or intermittent; the method(s) used for determining the compliance status of the source, currently and over the reporting period, consistent with applicable IDNR rules. For sources determined not to be in compliance at the time of certification, a compliance schedule will be prepared which provides for periodic progress reports, dates for achieving activities, milestones, and an explanation of why any dates were missed and preventive or corrective measures. The compliance certification will be submitted to the administrator, director, and the appropriate DNR Field office. This task is in accordance with the requirements of 567 IAC 22.108 (15) "e ". \ \HRGCRNAS\ DATA \10100043.120ESIGMCONTRACM013 ANN SERVIAGT -021113- IC_ANN SERV13 DT.DOC Page 1 of 9 2. Title V Annual Emissions Inventory Report The following IDNR Operating Permit Forms will be prepared for submittal by March 31, 2013, documenting actual emissions for 2012. a. Form 1.0 "Facility Identification'; b. Form 4.0 "Emissions unit - actual operations and emissions" for each emission unit; c. Form 5.0 "Title V annual emissions summary/fee "; and d. Part 3 "Application certification." 3. Title V Annual Fee Payment Report The permittee (the City) is required under subrule [567] IAC 22.106 to pay an annual fee based on the total tons of actual emissions of each regulated air pollutant. The fee must be submitted annually by July 1St. Upon receipt of the schedule of fees from IDNR for the Annual Emission Fee payment, CONSULTANT will prepare the necessary supporting forms for submittal. The associated fee payment is not included in the fees for engineering services identified in this Agreement. The CITY shall submit the fee with the following forms prepared by the CONSULTANT: a. Form 1.0 "Facility Identification "; b. Form 5.0 "Title V annual emissions summary/fee "; c. Part 3 "Application certification." 4. Title V Semi - annual Monitoring Report By March 31, 2013, and September 30, 2013, reports will be prepared addressing the monitoring required under this permit for the six month periods of July 1 to December 31, 2012, and January 1 to June 30, 2013, respectively. Instances of deviations from permit requirements will be identified in these reports. The reports must be signed by a responsible official of the City, consistent with [567] IAC 22.107(4) and submitted to the director and the appropriate IDNR Field office, consistent with [567] IAC 22.108 (5). This compliance reporting is separate from the monitoring and reporting required by the IDNR- issued construction permit for the landfill gas collection and control system, from the semi - annual Landfill Gas System Operations Reports required by 40 CFR 60.757 (f) (1) through (6) and 40 CFR 63.1980, and the periodic and immediate Startup, Shutdown and Malfunction (SSM) reporting that may be required by40 CFR 63.10 (d) (5) (i) and (d) (5) (ii), respectively. 5. Semi - Annual LFG System Operating Reports The Title V operating permit for the landfill and 40 CFR Parts 60.757 (f) (1) through (6) and 63.1980 require the submittal of semi - annual operations reports pursuant to the landfill gas collection and control system. These reports are to be submitted to the Air Quality Bureau of IDNR for the previous six -month operating periods of July 16t through December 31St, 2012, and January 1St through June 30th, 2013, respectively. The CONSULTANT will prepare and submit the semi - annual monitoring reports addressing the following: 1 14RGCRNASID ATA1 10100043.121DESIGMCONTRACT12013 ANN SERMGT- 021113- IC_ANN SERV13_DT.DOC Page 2 of 9 • A summary of gas collection well head monitoring results and the value and length of time of all exceedences of the parameters applicable to gas collection well head monitoring. • A record of monthly operation verification of the flare temperature sensing device and confirmation of the primary flow meter,' along with a summary of daily flow meter readings. The CITY will maintain records of daily flow meter readings for use by the CONSULTANT for reporting purposes. • A description and duration of all periods when the gas stream is directed from the control device through a bypass line, if applicable. • A description and duration of all periods when the control device was not operating for a period exceeding one (1) hour, and the actual length of time the device was not operating. • A listing of all periods of time when the gas collection system was not operating in excess of 5 days. • A listing of all surface locations at which there were exceedences of the 500 ppm limit, where re- monitoring (second and /or third monitoring) was conducted, and the concentration value obtained from each monitoring and re- monitoring effort. • A description of the specific corrective action taken in an effort to eliminate any gas collection well head measurement exceedences. • A description of the corrective action taken in an effort to eliminate any surface monitoring point measurement exceedences. • The date and description of any damages sustained and repairs made to the gas collection and control system, or of any system components that are replaced. • The date of installation and the location of each gas collection well or collection system expansion added, including installation, relocation or addition of trench wells. If required, the CITY will prepare periodic and immediate startup, shutdown, and malfunction (SSM) reports as these events occur with the gas collection and air pollution control systems. CONSULTANT will provide guidance and, if requested, review the CITY - prepared report to evaluate general compliance with 40CFR63.10.d.(5)i and other applicable regulations. B. Sanitary Disposal Project Permit The CONSULTANT will perform the following services required pursuant to the City's Sanitary Disposal Project Permit: 1. Environmental Monitoring Plan Implementation CONSULTANT will assist the CITY in the implementation of the annual Environmental Monitoring Plan requirements under rule [567] 113.10. CONSULTANT's work will include the following subtasks: a. Sampling Technical Support, Data Review, and Reporting; CONSULTANT will provide support to the CITY in its 2013 sampling of the HMSP- approved uppermost aquifer monitoring points (A- and B- series wells only), underdrains, and surface points. Assistance includes: advise CITY of the required sampling schedule, provide a current well location map and well /constituent sampling matrix for each scheduled sampling event, review of each event's analytical data and submittal to IDNR, and advise on well 1 WRGCRNASIDATA110100043 .121DESIGNICONTRACT12013 ANN SERVIAGT -021113 -IC ANN SERV13 DT.DOC Page 3 of 9 maintenance activities as recommended in the previous year's AWQR. Technical support as described above will also be provided for sampling of monitoring wells related to the assessment of corrective measures, which are not formally incorporated into the HMSP. This addresses additional wells MW -309A, MW -310A, MW -311A, MW -312A, MW -313A, MW -314A, and MW -315A. This task includes required in -situ permeability (slug) testing of new HMSP wells and those wells installed as part of the assessment of corrective measures. This includes the completion of the slug tests on 14 monitoring wells, data analysis, and reporting. b. Statistical Analysis: CONSULTANT will continue the statistical methodology by performing the data compilation and formatting of analytical data for each 2013 sampling event, the database update, and the statistical analysis developed for the HMSP- approved uppermost aquifer monitoring points, underdrains, and surface points. Analysis of data collected from points other than the HMSP- approved uppermost aquifer points, underdrains, and surface points includes comparison of the analytical results to the groundwater protection standards as applicable, and the graphical evaluation for trends where enough data points are available. Database and statistical analyses related to the assessment of corrective measures is also included herein. This addresses the wells tested as part of the assessment of corrective measures, which are not formally incorporated into the HMSP. c. Annual Water Quality Report (A WQR): CONSULTANT will prepare and submit the AWQR in accordance with Chapter 113.10(10) and the schedule established by the IDNR in the Sanitary Disposal Project Permit, or as otherwise approved by IDNR. The AWQR will summarize the previous year's (2012) activities and documentation associated with the Environmental Monitoring Plan requirements under Chapter 113.10. This includes; 1) a description of the general monitoring requirements, 2) a review of the objectives, phasing, well construction, hydrologic monitoring system plan (HMSP), and well maintenance and performance reevaluation plan in relation to the groundwater and surface water monitoring systems, 3) a review of the groundwater sampling and analysis requirements, procedures, and statistical methods, and 4) narrative and figures interpreting the results of the statistical analysis performed on the detection and assessment monitoring data. The Annual Water Quality Report will summarize the activities that were performed in association with assessments, selection of remedies, implementation of corrective action, and the results of corrective action remedies to address statistically significant increases (SSIs), if any, during the previous year. This service shall not include the actual planning and performance of the activities under 113.10(6)g relating to site characterization, 113.10(7) assessment of corrective measures, 113.10(8 -9) selection of remedies and implementation of corrective action. IWRGCRNASI DATA\ 10100043 .121DESIGNICONTRACT12013 ANN SERVIAGT- 021113 -IC ANN SERV13 DT.DOC Page 4 of 9 2. Leachate Control System Performance Evaluation Report CONSULTANT will prepare a Leachate Control System Performance Evaluation (LCSPE) report for data collected in calendar year 2012 that summarizes activities related to the leachate control system as required in 567 IAC 113.7(5)b.(14). The report will be included as an Appendix to the AWQR and will include the following as applicable: • An evaluation of the effectiveness of the system in controlling the leachate, • Leachate head levels and elevations, • The volume of leachate collected and treated at the CITY's treatment plant, • Leachate chemistry results, as applicable, • Proposed additional leachate control measures, if any, • An implementation schedule in the event that the constructed system is not performing effectively. • General description of maintenance activities, such as jetting or cleaning of the collection system that may have occurred during the reporting period. In support of these efforts, CITY landfill staff will measure and record levels and elevations of leachate on a monthly basis in all IDNR- designated leachate piezometers and gas collection wells. Also, landfill staff will record monthlythe volume of leachate collected and treated atthe CITY's treatment facility. II. TIME OF COMPLETION The CONSULTANT shall complete the deliverables of each task in accordance with the following schedule: • Title V Annual Compliance Certification Report by 3/31/2013 • Title V Annual Emission Inventory Report by 3/31/2013 • Title V Annual Fee Payment Report by 6/15/2013 • Title V Semi - annual Monitoring Reports by 3/31 and 9/30/2013 • Semi - Annual LFG System Operating Reports by 3/31 and 9/30/2013 • Sampling Technical Support, Data Review, and Reporting by 12/31/13 • Statistical Analysis by 12/31/13 • Annual Water Quality Report (AWQR) by 5/31/2013* • Leachate Control System Performance Evaluation Report (with AWQR) * The schedule for the submittal date of the AWQR may change upon approval of CITY and IDNR. Ill. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, creed, color, religion, sex, national origin, disability, age, martial status, gender identity, or sexual orientation. UHRGCRNASIDATA110100043 .121DESIGMCONTRACM013 ANN SERMGT- 021113 -IC ANN SERV13 DT.DOC Page 5 of 9 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the lump sum amount listed in Section IV. The City mayterminate 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 Cityfor the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure. attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared orobtained by the Consultant pursuantto 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 Consultants own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this 11HRGCRNAS\ DATA\ 10100043. 12 1DESIGMCONTRACT12013 ANN SERVIAGT -021113 -IC ANNSERW3_DT.DOC Page 6 of 9 agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. IV. COMPENSATION FOR SERVICES Consultant shall be compensated for performance of the Scope of Services in an amount not to exceed $134,500, which includes any reimbursable expenses, calculated according to attached 2013 Billing Rate Schedule and generally budgeted according to the following breakdown of services: Title V Compliance and Reporting Services • Title V Annual Compliance Certification Report $ 4,100 • Title V Annual Emission Inventory Report $ 7,500 • Title V Annual Fee. Payment Report $ 2,100 • Title V Semi - Annual Monitoring Reports $2,300 • Semi - Annual LFG System Operating Reports $ 16,800 Environmental Monitoring Plan Implementation • Sampling Technical Support, Data Review, and Reporting $ 23,600 • Statistical Analysis $ 34,100 • Annual Water Quality Report $ 32,100 Leachate Control System Performance Evaluation Report $11,900 Total Not -to- Exceed Fee $ 134,500 V. MISCELLANEOUS A. Insurance Requirements 1. Certificate of Insurance, Cancellation or Modification a. Before commencing work, the Consultant shall submit to the City, for approval, a Certificate of Insurance meeting the requirements specified herein, to be in effect for the full contract period. b. The Consultant shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. C. Cancellation or modification of said policy or policies shall be considered just cause of the City of Iowa Cityto immediately cancel the Agreement and /orto halt work on the Project, and to withhold payment for any work performed on the contract. 2. Minimum Coverage Any policies of insurance purchased bythe Consultant to satisfy its responsibilities under this Agreement shall include contractual liability coverage, and shall be in the following type and minimum amounts: \ \HRGCRNAS\ DATA\ 10100043 .12 \DESIGN\CONTRACT\2013 ANN SERWGT- 021113- IC_ANN SERV13_DT.DOC Page 7 of 9 Comprehensive General Liability Each Occurrence Awreaate (1) Bodily Injury $250,000.00 $500,000.00 (2) Property Damage $100,000.00 Motor Vehicle Liability and Property Damage Insurance Per Person Per Accident (1) Bodily Injury $250,000.00 $500,000.00 (2) Property Damage $100,000.00 Workers' Compensation insurance as required by Chapter 85, Code of Iowa. Professional liability coverage minimum: $1,000,000.00. 3. Professional Coverage The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. 4. All provisions of this Agreement shall be reconciled in accordance with generally accepted standards of the Engineering Profession. 5. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY By: Matthew J. Hayek Title: Mayor Date: February 19, 2013 ATTEST: � u/ -e /Z/ � City Clerk FOR THE CON ULTA B : y uglas G. T olo Title: Vice President Date: Z. // // 3 11HRGCRNASIDATA1 10100043 .121DESIGNICONTRACT12013 ANN SERWIGT-021113-IC ANN SERV13_DT.DOC Page 8 of 9 ATTACHMENT A HRGreen HR GREEN, INC. Billing Rate Schedule Effective January 1, 2013 Professional Services Billing Rate Range Principal $185-$250 Senior Professional $150-$200 Professional $110-$160 Junior Professional $80-$115 Senior Technician $80-$110 Technician $50-$85 Senior Field Personnel $100-$150 Field Personnel $70-$105 Junior Field Personnel $50-$80 1 Person w/ GPS or Robotic $105 Equipment 2 Person Crew w/ GPS or $155 Robotic Equipment Administrative Coordinator $35-$100 Administrative $40-$80 Corporate Admin $55 -$90 Reimbursable Expenses 1. All materials and supplies used in the performance of work on this project will be billed at cost plus 10 %. 2. Auto mileage will be reimbursed per the standard mileage reimbursement rate established by the Internal Revenue Service. Survey and construction vehicle mileage will be reimbursed on the basis of $0.85 per mile. 3. Charges for sub - consultants will be billed at their invoice cost plus 15 %. 4. A rate of $6.00 will be charged per HR Green labor hour for a technology and communication fee. 5. All other direct expenses will be invoiced at cost plus 10 %. 11HRGCRNASIDATAH0100043 .121DESIGMCONTRACT12013 ANN SERMGT -021113 -IC ANN SERV13 DT.DOC Page 9 of 9 ;Ara CITY OF IOWA CITY 5e1 MEMORANDUM DATE: February 6, 2013 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer 7W RE: FY 2014 Asphalt Resurfacing Project Set Public Hearing — February 19, 2013 Hold Public Hearing — March 5, 2013 Award Project — April 2, 2013 Introduction: This agenda item begins the bidding process for the FY2014 Asphalt Resurfacing Project. History / Background: This is a recurring maintenance project that concentrates on asphalt resurfacing and chipsealing at various street locations. Work on this project also includes repair of curb and gutter as needed and replacement of curb ramps to current ADA standards. Discussion of Solution: The FY 2014 Asphalt Resurfacing Project will include work at the following locations: Street Milling and 3" Overlay • Court Street from Summit Street to Muscatine Avenue • Seymour Avenue from Clark Street to Oakland Avenue • Clark Street from Sheridan Avenue to Court Street Park Facility Asphalt Paving ■ Wetherby Park — Asphalt Parking Lot Extension Chipseal Application • Hickory Hill Park — Trail Section • Gilbert Court Financial Impact: The estimated cost for this project is $586,318 and will be funded with Road Use Tax Proceeds, Parks and Recreation Annual Operations, Wastewater Operations, and GO Bonds. Recommendation: Staff recommends proceeding with setting public hearing for the plans, specifications, form of contract, and estimate of cost for construction of the FY 2014 Asphalt Resurfacing Project. The proposed project schedule will be as follows: • March 5, 2013— Hold Public Hearing on Contract Documents • April 2, 2013— Award Project • April 15, 2013 through August 10, 2013 — Construct Project cc: Rick Fosse, Public Works Director Dave Panos, Senior Civil Engineer �4ly 5e Cr) Prepared by: Dave Panos, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356 -5145 RESOLUTION NO. 13 -50 RESOLUTION SETTING A PUBLIC HEARING ON MARCH 6, 2013 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE FY2014 ASPHALT RESURFACING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Pavement Rehabilitation account # 3824 - 434710. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 5th day of March, 2013, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 19th day of February , 20 13 -y� Approved by ATTEST: CITY CLERK City Attorney's Office a /-7//3 SAENMPYAResolutions \Project Resolutions \Setting Public Hearing\FY2014 Resurfacing \Set Public Hearing Project- FY2014 Resurfacing.doc Resolution No. 13 -50 Page 2 It was moved by Payne • and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x_ Champion x Dickens x Dobyns x_ Hayek x Mims x Payne x Throgmorton r —P - r� CITY OF IOWA CITY 5e(2) MEMORANDUM Date: February 12, 2013 To: Tom Markus, City Manager From: Ron Knoche, City Engineer Re: West Side Levee Project February 19, March 5, and April 9 Introduction: The West Side Levee Project includes the construction of an earthen levee, riverbank stabilization, and interior storm water drainage improvements. History /Background: The Baculis and Thatcher manufactured home parks are bordered by the Iowa River to the east. In 2008, construction equipment from the nearby McCollister Boulevard project was enlisted to help protect the area by pushing massive amounts of earth toward the river to create a temporary 10 foot high levee. Sandbags were placed to control the erosion and force of the Iowa River. Approximately 355 residents from both the Baculis and Thatcher neighborhoods and much of the commercial area to the north were evacuated. Should the temporary levee that was constructed have failed, approximately 190 lower income households and fifteen businesses would have been destroyed. As a result of these efforts, both manufactured home parks and much of the commercial area were saved from the floods of 2008. Discussion of Solutions: The proposed project would provide permanent flood mitigation measures for fifteen local businesses and two manufactured home parks in the area. The levee will extend approximately 3000 linear feet along the western bank of the Iowa River from the CRANDIC Railroad Bridge to McCollister Boulevard. The alignment of the levee has been designed to minimize impacts to the environment and property owners Interior storm water drainage improvements include the construction of new storm sewer and two storm water pumping stations. Backflow prevention valves will be installed on both new and existing storm sewer outlets. Financial Impact: The estimated construction cost for the West Side Levee Project is $5,562,498.70. Funding for this project is provided by Community Development Block Grants (CDBG). Recommendation: Staff recommends proceeding with the project at the next City Council Meetings: February 19 — Set Public Hearing March 5 — Hold Public Hearing April 9 — Award Project P a - W Prepared by: Jason Reichart, Special Projects Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5416 RESOLUTION NO. 13 -51 RESOLUTION SETTING A PUBLIC HEARING ON MARCH 5, 2013 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WEST SIDE LEVEE PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the West Side Levee account # 3961. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 5th day of March, 2013, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 19th day of February —12CL -12C 13 Approved by ATTEST: /Z , _' I-1 )a // � CITY )CLERK City Attorney's Office pwengVnasters\setph.doc 1/11 Resolution No. 13 -51 Page 2 It was moved by Payne . and seconded by Resolution be adopted, and upon roll call there were: AYES: x x X, x x —X_ x NAYS: Dickens the ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Al 5e(3) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 13 -52 RESOLUTION SETTING PUBLIC HEARING FOR MARCH 5, 2013, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 301 DOUGLASS 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 purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income - eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 301 Douglass Street, Iowa City; and WHEREAS, the City has received an offer to purchase 301 Douglass Street for the principal sum of $65,000 (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 $40,000 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: The City Council does hereby declare its intent to convey a single family home located at 301 Douglass Street, Iowa City, Iowa, also known as Lot 23 Wise Addition, for the sum of $65,000, plus the "carrying costs ". 2. A public hearing on said proposal should be and is hereby set for March 5, 2013, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Resolution No. 13 -52 Page 2 It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns X Hayek —x Mims x Payne x- Throgmorton Passed and approved this i qth day of Fahrunry , 2013. Iml ON: Approved by City Attorney's Office 20 7f Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5234 (SUB12- 00012) RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF ROBERTS DAIRY ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Roberts Dairy Company, filed with the City Clerk, an application for approval of the preliminary plat of Robert's Dairy Addition, a 3 -lot, commercial subdivision on approximately 8.21 -acres of land located at the northeast corner of the intersection of Prairie du Chien Road and Dodge Street, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval subject to the resolution of property ownership and easement rights regarding City -owned property within the proposed subdivision; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The preliminary plat of Robert's Dairy Addition, Iowa City, Iowa, is hereby approved subject to resolution of ownership and easement rights regarding City -owned property within the subdivision prior to final plat approval. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this _ day of , 2013. ATTEST: CITY CLERK MAYOR It was moved by and seconded by adopted, and upon roll call there were: Approved by City Attorney's Office /6/,S the Resolution be AYES: NAYS: ABSENT: Dobyns Champion Dickens Hayek Mims Payne Throgmorton IV"IT Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5240 (SUB12- 00015) %g RESOLUTION NO. 13 -53 RESOLUTION APPROVING THE PRELIMINARY PLAT OF MACKINAW VILLAGE PART 5, IOWA CITY, IOWA WHEREAS, the owner, Advantage Custom Builders, filed with the City Clerk, an application for approval of the preliminary plat of Mackinaw Village Part 5, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The preliminary plat of Mackinaw Village Part 5, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 19 day of Feb. , 2013. . r.• ATTEST: .�� CITY CLERK Approved by City Attorney's Office allglo It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X NAYS: slpcdlpreliminary plat - resolution mackinaw village part 5.doc ABSENT: Champion Dickens bobyns Hayek Mims Payne Throgmorton 71 STAFF REPORT To: Planning and Zoning Commission Prepared by: Andrew Bassman, Planning Intern Item: SUB12 -00015 Mackinaw Village Pt. 5 Date: January 17, 2013 GENERAL INFORMATION: Applicant: Advantage Custom Builders 740 Liberty Way, Suite 1 North Liberty, Iowa 52317 319- 665 -2997 chad @cbiowa.com Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Preliminary plat approval Subdivision into 8 residential lots North of Mackinaw Drive 3.95 acres vacant (OPD -5) North: Interstate 80 South: Residential (OPD -5) East: Vacant, Interim Development (ID -RS) West: Residential (OPD -5) North District Plan: Conservation Design December 13, 2012 January 28, 2012 The applicant, Advantage Custom Builders, has requested approval of a preliminary plat for Mackinaw Village Part 5, an 8 -lot, 3.95 -acre subdivision located between the north end of Mackinaw Drive and Interstate 80. A preliminary plat and Planned Development Overlay (OPD) Plan for Mackinaw Village, a 115 -lot, 75.25 -acre subdivision, was approved in 2004 (small copy attached). The Plan allowed for cluster development to preserve environmentally - sensitive features and a landscape buffer adjacent to Interstate 80. Final plats for Mackinaw Village Parts 1-4 have been approved. The preliminary plat for Part 5 has expired and the applicant is now requesting re- approval with a modification to add one more lot. The Part 5 proposal differs slightly from the layout depicted in the original preliminary plat. An extra lot is proposed by dividing the area shown as lots 100 and 101 into two lots. The lot lines have been shifted slightly for the other lots. As a result, the size of each lot is different, with lots 106 and 107 being reduced from 70 feet wide to 60 feet wide. Due to the potential closure of Foster Road (currently the only access to this neighborhood) by flooding, staff has advised against previous requests to modify portions of Mackinaw Village to allow an increase in density. However, in this case an increase of one lot does not seem significant. The applicant has indicated that they do not intend to use the Good Neighbor Policy. ANALYSIS: Comprehensive Plan: The North District Plan future land -use map shows this area as appropriate for Conservation Design. This designation applies to areas with sensitive environmental features or topography that limits development potential. The lots shown on the proposed plat meet the dimensional requirements specified for detached, single - family units in the RS -5 zone and are consistent with the previously approved preliminary plat that clustered development away from sensitive areas and Interstate 80. The Plan also states that preserving and enhancing a wooded open space buffer between residential development and Interstate 80 should be a part of any future plans to develop housing in this area. The site plan shows a 150 -foot setback between Interstate 80 and residential structures in the subdivision as required by the previously approved OPD plan. Therefore, Lots 103 and 104 are larger than the other lots in the subdivision. The approved OPD Plan also requires that trees be planted or preserved along the north side of lots 103 and 104 to help create a buffer from Interstate 80. Given that the elevation of the interstate at this location is higher than the subject property, staff recommends that the trees be planted in the southern portion of the 150 buffer area. The planting of trees closer to the home sites would create a more effective buffer. Staff also recommends that a fast growing tree species, such as poplar, be added to the mix of trees planted in the buffer to create a more immediate visual screen from the interstate. Access and Street Design: The 8 lots are arrayed around a cul -de -sac at the north end of Mackinaw Drive. While cul -de -sacs and other roadways with a single point of access generally should be avoided, a cul -de -sac appears to be appropriate in this situation, due to the adjacency of Interstate 80 and the presence of environmentally - sensitive areas. Mackinaw Drive connects to Foster Road, a collector that serves as the primary means of access to areas west of Dubuque Street between the Iowa River and Interstate 80. Mackinaw Drive also links to Manitou Trail, which loops back around to Mackinaw Drive and provides access to a pedestrian trail that connects to Waterworks Park located north of Interstate 80. Sensitive Areas: The plat delineates steep slopes, wooded areas and construction area limits. These have not changed from the previously approved plat. Wooded areas are located immediately to the east, southwest and north borders of the proposed subdivision. The same conditions regarding tree preservation that applied to the previously approved plat apply here. This is noted on the plat. Storm water management: The storm water management plan is essentially the same as previously approved. However a drainage easement is being moved from between lots 102 and 103 to lots 103 and 104. The City Engineer has approved this change. Infrastructure fees: Water main extension fees of $395 per acre. There are no sanitary sewer fees for this area. Neighborhood parkland or fees in lieu of: The neighborhood open space requirement for all 3 of Mackinaw Village is 1.77 acres. This requirement was fulfilled during the final plat of Part 2 with the dedication of Outlot C, a 1.8 -acre parcel of open space in the northwest part of Part 2. STAFF RECOMMENDATION: Staff recommends approval of SUB12 -00015 preliminary plat for Mackinaw Village Part 5, a 3.95 - acre, 8 -tot residential subdivision located north of Mackinaw Drive. ATTACHMENTS: 1. Location Map 2. Preliminary Plat 3. Previously approved plan Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development �4 ON �° _ Is �,;j � ' ' �Y `� p a' r W tom "IME Vi g €a $As ff k!a o agw����s �> � g F Pis a ���a �sdsg3��as a es � � aya� S II l "S °Ys VIII III � III IWII'I I �"' `mmo wJ s�� aFGlo J _ _ �jZLL iWi��w�c < isNN� p U C4 s FUOSIn mjO� Q 3w a LL L. 3 "�ao c¢i yE I; z F- U) W L °m z aaf s a uK�,jF Zd O?�RF i= <O °O x-53 P. v °'� Q OU m 8 9 LU W U a § H- c ZNo- �W Q; �Z N Q Q n N Z < N �d ��U w o z U) Q < �z0 ZLL O Z w= p° '�' /W� ` O F F =m �/ l J F wpb€ WNW ULL' QZQ UU ODO°z S' Z �3� LL Z a¢o �p� co 2Ea 000 d G gp 0, E O1 0 c a �4 ON �° _ Is �,;j � ' ' �Y `� p a' r W tom "IME Vi g €a $As ff k!a o agw����s �> � g F Pis a ���a �sdsg3��as a es � � aya� S II l "S °Ys VIII III � III IWII'I I �"' `mmo Z wJ s�� aFGlo J _ _ �jZLL iWi��w�c < isNN� p U C4 s FUOSIn mjO� 3w a LL L. 3 "�ao m I; Iiwea gun wpy aW'S'N`2o`v W W L °m z aaf s a uK�,jF Zd O?�RF i= <O °O x-53 P. K °'� z �G N C O m Z Q J _ _ 2 1 1 1 w_ wN 3w a LL L. 3 "�ao m 0 m o m m p W L °m z zoa L W K K Q � W W O C O m m Q 1 Q o 0 LU W V m m W < N Q Q n N Z < N ��U w w U) Q < <� Z > w w= /W� ` O F F =m �/ l J F wpb€ F Q O ODO°z Z LL Z KJw U a azm2 W. a o U r N ^ a E O1 0 c a r_`; r_ M 1 NE a0 r Y�r qq `om ffl E J �L W �� w 0�7 LL 6 0 � F U j N � e w `3 2 °z w LL a W 0 g z Y CQ G _ y4d - - - -- � b Q J Z< 00 Qo UZ 0 0.00_ w� _--- gg rte° -ro;dt $ I I I CITY OF IOWA CITY MEMORANDUM Date: February 1, 2013 To: Planning and Zoning Commission From: Robert Miklo, Senior Planner Re: SUB12 -00015 Mackinaw Village Part 5 The Preliminary Plat for Mackinaw Village Part 5 was deferred at your January 17 meeting to allow resolution of a question that the City Engineer had about the storm water management plan. That question has been resolved to the satisfaction of the City Engineer and the plat is now in order for approval. LU rn w E css"iw34 }o" z o y n� QQ u' Z O ED 4Q d8! Jl �w 0 j LU W Zy LU U d' Q2Q Q a !' ¢ N wig 9� Sk...w g °�W� dWpa edna:ff .� a ee H pi� W Z I� I� �� '� IWW� ; n3�: wo �S z ib o �a y & 6Z ° a= —P a v aro$� Lax q^ WNW rL s "€ N N „• I� Ar 603D7'I6'E I •S0. -ME. -_ MC-• - _ Z _ _ --------- __ _----------- _ - TW i _ µ 5 y W� WW�pC ___ __________________a___ yY___- _____ -- tr ad red'- -radi F W - - -- -- J -- - = W Q w O4i Q — W Z> CU °P 30 iE9DF}M S �• • n N W O O ZaU rsri < V ^ a '� •' 6C ACK .........._tea,..._.._.... - •`v r - LL LL] N Z �i �( .4 - I�/�y�� •OeR` � `•Ij, � � , y "ri - #,',`'�', '\ I lr _ � W O 06 0 N� a N m N lli Lf .46'CLI 49 CLI 9 '„ LU ry a \ W UZ-11 943 Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5240 (SUB12- 00016) 7h RESOLUTION NO. 13 -54 RESOLUTION APPROVING THE PRELIMINARY PLAT OF LINDEMANN PARTS 5 AND 6, IOWA CITY, IOWA WHEREAS, the owner, Southgate Development, filed with the City Clerk, an application for approval of the preliminary plat of Lindemann Parts 5 and 6, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The preliminary plat of Lindemann Part 5 and Part 6, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 19 day of Feb. , 2013. z— WAR � M I FA e- Approved by ATTEST:�,� CITY CLERK City Attorney's Office x /y/Q It was moved by T)nhync and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Ddckens X IDobyns X Hayek X Mims X Payne X Throgmorton s \pcd \preliminary plat - resolution lindemann parts 5 and 6.doc STAFF REPORT To: Planning and Zoning Commission Item: SUB12 -00016 Lindemann Pt. 5 & 6 GENERAL INFORMATION: Prepared by: Robert Miklo Date: February 7, 2013 Applicant: Southgate Development 755 Mormon Trek Boulevard Iowa City, Iowa 52244 319 -337 -4195 gsiders(a)-sgdev.net Requested Action: Preliminary plat approval Purpose: Location: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: 12 -lot residential subdivision with 3 Outlots Lindemann Drive 22.53 acres Vacant, OPD -5 and OPD -8 North: Residential and agricultural OPD -5, OPD -8 and County -R South: Residential OPD -5 and OPD -8 East: Residential OPD -8 West: Residential RS -5 Northeast District — single family residential December 27, 2012 February 10, 2013 The applicant, Southgate Development, has requested approval of a preliminary plat for Lindemann Subdivision - Parts Five and Six, a 22.53 -acre, 12 -lot residential subdivision with three outlots located at the north end of Lindemann and Kenneth Drives. A preliminary plat for Lindemann Subdivision was approved in 2002 (copy attached). Parts One through Four have since been final platted and most of the lots in parts One and Two have been built upon. The preliminary plat for parts Five and Six has expired and the applicant is now seeking approval of a different design for Part Five. Part Six is proposed as an Outlot reserved for future development. The applicant has chosen not to use the Good Neighbor Policy. ANALYSIS: Comprehensive Plan: When it was approved in 2002 the preliminary plat and OPD plan for the Lindemann Subdivision were found to comply with The Northeast District Plan and the 2 conditional zoning agreement for this property. The Northeast District Plan indicates that this area is appropriate for single - family residential development. The Plan also shows the stream corridor as a linear open space. The larger Lindemann Subdivision includes these design features. The revised plat for Part Five also complies. When Outlot Q in Part Six is developed it will be reviewed for compliance with the Comprehensive Plan. Access and Street Design: The OPD plan and previously approved preliminary plat for Part Five depict a cul -de -sac bulb at the north end of Lindemann Drive (see attached plat). The bulb of the cul -de -sac was designed to allow the street to extend to the north to allow a connection to Hummingbird Lane to the northwest. Since the approval of the original Lindemann Subdivision the Schnobelen Subdivision has been approved on Hummingbird Lane. The design of the Schnobelen Subdivision precludes a street connection to Hummingbird Lane. The applicant is now proposing to eliminate the cul -de -sac bulb and to shift the street approximately 50 feet to the west. If the property to the north is developed the cul -de -sac bulb would be built on that property. A temporary turn around and easement should be provided on lots 246 and 252 to allow vehicles to turn around until such time that a cul -de -sac bulb is built when the property to the north is developed. Anna Drive has been designed to allow it to extend into Outlot Q when it develops in the future. This is similar to the previously approved subdivision design. Infrastructure fees: Required fees include a sanitary tap -on fee of $1,038.26 per acre and water main extension fees of $395 per acres. The conditional zoning agreement requires that fees be paid for toward the improvement of Lower West Branch Road. These fees will need to be addressed in the development agreement at the time of the final plat. Neighborhood Open Space requirements will be fulfilled with the dedication of Outlots O and P. STAFF RECOMMENDATION: Staff recommends that this application be deferred until the deficiencies and discrepancies noted below are resolved. Upon the resolution of deficiencies and discrepancies, staff recommends approval of SUB12- 00016, the preliminary plat of Lindemann Subdivision Parts Five and Six, a 12 -lot, approximately 22.53 -acre residential subdivision located on Lindemann Drive. DEFICIENCIES AND DISCREPANCIES 1. The sanitary sewer in in Part 4 will need to be extended a little farther north to reach Lot 247. 2. A temporary construction easement will be needed on the property to the north to construct Lindemann Drive to the north property line or payment will be necessary for the last few feet of the street. 3.Extend the water main in Anna Street beyond the hydrant to provide a connection for future extension of the water main. 4. The hydrant at the north end of Lindemann Drive should be close to a property line to avoid conflicts with driveways. 5. Include a temporary turn - around at the end of Lindemann Drive so that fire trucks are able to maneuver in and out and turn around. 3 ATTACHMENTS: 1. Location Map 2. Preliminary plat 3. Previously approved Preliminary Plat and Sensitive Areas Plan (OPD) Approved by: Department of Planning and Community Development ppdadmi n\stfrepUmplate. doc i ZR 11-P1 wiwC`e €[SN g"�gg� gg� wsGGe ppgg "M 6 EEirQ'54�5i C d RUH 0 6 lip fpMNpNOOIa %NOI �,.,I. a II �„IIIII i "cx ii � pN1YM••u9•. 95,E €i�tlm `ita �8c ztly � e c� q5'¢ I gf A k U b� i� 4= Z X qea Q� J Q E-- Z W Q n W O W W C) L.L W Q Q 0 LU Z �- 0 U cf) z - Q W p Q — z Q CO D Q /n a Z Q Cz Q G L —i W W a- Z J a�w$ IHL ryR�; gas d Mpg Aw 0 ISO 11d So:zoT CIOZ /9Z /l 6.p'dZLCS9ZZU\ - ZLC- S9ZZ\S9ZZ\:o H1 Of X m 0 6 a a 95,E €i�tlm `ita �8c ¢ayk5$Ygx Ek Z d VI T, Ik Oo awe Q= P3,-!3H, . 59 ka �tCa €: O 'iA J s W 0 J Agnp94 X m 0 6 a a � w a s Z Oo Q= 59 O m � J s W 0 J T --r- - r ..-� ...T .T- ..�...,..\ i 15� XY LL CS Bo 100L /eL /ll OMa d[OlSOii\[alsOZZ \OOLZ \ -� 4� +U Y•r;• art 4 ttlf f{ 1 61p f € � ; ;1;1i��. E;il•t�a # i�i�l !t ilJil . � R ;t� i 8 B j u ii {aJal Sff}�ii il71 igl If7,1 ! „ TOP ' • J r'} iii, r jla" -�r. Js•s.�JJ !! � 31 � " !�;L�t s � °t@ OP !tr 1j �' }•;. !`� el't A° jf' fJ jF I J i ii!i "It j 3. ill J ,11 ! ;sN,d��lJtprl�i ti ao �gl i 1i s " ,l���Ra� ° r � i'lE llj�iilt i 1!411 li i !lja�ii'f: i (f1111�tEi 9ljhiljJ�nti 11 E al°� I�Il�s�r•a���l�u ��0�9 ra � �N g z'> � s aaQ� A 6 & U Z p w W e�il4�9 — n 3 ~ R Q R ���ttt•p 15� XY LL CS Bo 100L /eL /ll OMa d[OlSOii\[alsOZZ \OOLZ \ -� 4� +U Y•r;• art 4 ttlf f{ 1 61p f € � ; ;1;1i��. E;il•t�a # i�i�l !t ilJil . � R ;t� i 8 B j u ii {aJal Sff}�ii il71 igl If7,1 ! „ TOP ' • J r'} iii, r jla" -�r. Js•s.�JJ !! � 31 � " !�;L�t s � °t@ OP !tr 1j �' }•;. !`� el't A° jf' fJ jF I J i ii!i "It j 3. ill J ,11 ! ;sN,d��lJtprl�i ti ao �gl i 1i s " ,l���Ra� ° r � i'lE llj�iilt i 1!411 li i !lja�ii'f: i (f1111�tEi 9ljhiljJ�nti 11 E al°� I�Il�s�r•a���l�u ��0�9 M_� Prepared by: Tracy Hightshoe, Comm. Dev. Planner, 410 E. Washington St., Iowa City, IA 52240 319.356.5230 RESOLUTION NO. 13 -55 RESOLUTION ADOPTING IOWA CITY'S FY13 ANNUAL ACTION PLAN AMENDMENT #1, WHICH IS A SUB -PART OF IOWA CITY'S 2011 -2015 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the U.S. Department of Housing and Urban Development requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan as part of the City's Consolidated Plan (CITY STEPS) to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the Iowa City Housing and Community Development Commission (HCDC) made a recommendation to amend the FY13 Annual Action Plan at its meeting on January 3, 2013 to allocate CDBG funds for fagade improvements to commercial buildings in the downtown urban renewal area; and WHEREAS, according to CITY STEPS, this is considered a substantial change to the FY13 Annual Action Plan and requires City Council approval; and WHEREAS, the City has disseminated information and received input at the February 19, 2013 public hearing on the proposed Amendment #1; and WHEREAS, adoption of the Amended FY13 Annual Action Plan is required by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Amended FY13 Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City's amended FY13 Annual Action Plan, copies of which are on file in the Planning and Community Development Department, are hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the applicable documentation for the City of Iowa City's Amended FY13 Annual Action Plan to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications required by the U.S. Department of Housing and Urban Development in connection with said Plan. Passed and approved this 19th day of February -72013. ATTEST: az,� % - - CITY ERK .��.t Aq MAYOR Approved by City Attorney's Office r,. Resolution No. 13 -55 Page 2 It was moved by Champion • and seconded by Di nk nom— the Resolution be adopted, and upon roll call there were: AYES: x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton ADVERTISEMENT FOR BIDS FY09 LANDFILL CELL RECONSTRUCTION AT THE IOWA CITY LANDFILL AND RECYCLING CENTER Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 12th day of February 2013. 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 19th day of February, 2013, or at a special meeting called for that purpose. The Project will involve the following: FY09 Landfill Cell Reconstruction at the Iowa City Landfill and Recycling Center. All work is to be done in strict compliance with the plans and specifications prepared by HR Green, Inc., 8710 Earhart Lane S.W., P.O. Box 9009, Cedar Rapids, IA 52409 -9009, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Completion Date: August 16, 2013. Liquidated Damages: 2 000 /da . The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of HR Green. Inc., 8710 Earhart Lane S.W., P.O. Box 9009, Cedar Rapids, IA 52409- 9009, by bona fide bidders. A pre -bid conference will be held at 9:00 a.m. on February 5. 2013 at the landfill site. Attendance at the pre -bid conference is encouraged but not required. 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- 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 w`r -9- ,w A CITY OF IOWA CITY MEMORANDUM DATE: February 13, 2013 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer /Z/,- .PV, re: Landfill FY09 Cell Reconstruction Project Award Introduction: The City of Iowa City owns and operates the Iowa City Landfill and Recycling Center. During the summer of 2012 a fire destroyed almost 2/3 of the recently opened FY09 landfill cell. The Landfill FY09 Cell Reconstruction Project is the final step to re -open the area damaged by the fire. History /Background: The fire damage was assessed to understand the extent of the damages so repairs could be made. The entire cell area was damaged, but the majority of the damages occurred in the leachate collection trench along the west edge of the FY09 cell. The damaged area was cleaned up so reconstruction could begin in 2013. Discussion of Solution: The FY09 Cell Reconstruction Project has been designed and is ready to be constructed. Tire derived aggregate (TDA) is still a part of the leachate collection system, but fire risk is controlled by using a thinner layer of TDA that will include stone aggregate separation lanes. In addition, the TDA will not be left exposed. It will be covered by the first layer of refuse as a part of the construction project. The refuse used for cover will have been stored on site to assure it does not include any hot materials. There are also additional insurance requirements both during and after construction for added safety. All of these features will create a project with less risk of a possible fire. Even with these design safety features, there is still a remote possibility of a fire. With that in mind, bid alternates were included to use other materials. Bid alternate number one would replace the TDA with a sand material while bid alternate number two would use a crushed stone material with the idea in mind that both of these alternates would create a non - flammable drainage layer. Another issue that needed to be addressed with the new project was that any stone or sand material in the drainage layer could not have more than 15% of calcium carbonate. Calcium carbonate is commonly found in the local stone and sand materials in eastern Iowa, but it reacts with landfill leachate to create a solid impervious material that is not good for a landfill drainage layer. Therefore bid alternate number 3 was created to bring stone material from a different location in case the local stone or sand material could not meet this requirement. Bids were opened on February 12th. Seven bids were received with all bidders providing the three alternates as additional costs. Bid alternates #2 and #3 are not recommended based on the evaluation and recommendation from our design engineer. A local material was found to meet the project requirements, so bid alternate #3 is not necessary. The letter of recommendation from our design engineer is attached. Financial Impact: The total estimated cost of construction is $1,322,474.20. Funding will be provided by landfill revenues. Recommendation: Staff recommends award of the base bid project to JB Holland Construction with no alternates. cc: Rick Fosse, Public Works Director Daniel Scott, Project Engineer 1�3a February 13, 2013 Mr. Rick Fosse Director of Public Works City of fovea City 410 East Washington St Iowa City, IA 52240 Re: FY09 Cell Reconstruction Project Bids Iowa City Landfill and Recycling Center Dear Mr. Fosse: Bids were received by the City on February 12, 2013 for reconstruction of Cell FY09 at the Iowa City Landfi#I and Recycling Center. We understand that all bids were accompanied with an appropriate bid bond. Copies of the seven bids received were provided to us by the City for review and recommendation. Each Form of Proposal Included the Base Bid Price and three Alternate bid Items. We recommend that the project be awarded on the basis of the Base Bid Price only and that no Alternates be accepted. We recommend that the bid from JB Holland Construction, Inc. of Decorah, Iowa be accepted in the amount of 31,322,47420, which represents the low bid. This bid was approximately 20% below the engineer's opinion of probable construction Wit, and represents competitive pricing for work of this nature. The Alternates included In the bidding documents provided the option of using Inert rock or sand aggregate instead of tire derived aggregate (TDA) in the cell's leachate collection system. Although the acceptance of Alternates would add significant cost to the project, the recommendation for not accepting them Is not based on cost aka. Consideration was also given to the engineering properties and efficacy of the Alternate materials In comparison to the material (TDA) Included In the Base Bid. In terms of an aggregate's long term performance In transmitting leachate within the collection system beneath the landfill, It is our opinion that TDA functions at least as well as rock aggregate and getter than sand aggregate. Performance Is one reason TDA Is used in a majority of municipal solid waste landfills In Iowa. In our opinion, the primary reason to consider rock or sand aggregate In Neu of TDA Is the Inability of this material to sustain or propagate fire. Although TDA will never be equal to rock or sand in this regard, this project was designed to significantly reduce potential fire risk related to the TDA during and after construction. These mitigation measures include the following: The size of the cell construction is relatively small and the thickness of the TDA has been reduced to 113 of the previous cell construction. This measure will reduce the amount of exposed TDA and will allow covering of the new cell with waste at a faster rate during construction. HRGreen.conn Phone 651.644.4389 Fax 651.644.9446 Toll Free 800.728.7805 Court International SuikUng, 2550 University Avenue West Suite 400N, St. Paul, Minnesota 55114 Mr. Rick Fosse, P.E. City of Iowa City February 13, 2013 Page 2 of 2 The TDA within the new cell will be separated into compartments using rock aggregate. The rock aggregate "barriers" will help limit the spread of a. potential fire during construction. The Department of Natural Resources supports the use of TDA In landfill projects. To alleviate fire concerns during construction, the DNR agreed to allow the placement of waste In the new cell concurrent with the placement of TDA. There will be very little exposed TDA within the cell during the construction period. Ali TDA will be covered with waste prior to completion and acceptance of the project by the City. These measures will separate the TDA from potential Ignition sources both during construction and during general operations by the City after construction Is complete. Considering the above measures incorporated Ito the protect, the risk of pot I fire in the TDA has been greatly reduced. Our conclusion Is that the Aftemates will not provide a superior performing alternative to the TDA that Justifies the significant Increase In cost. If you have any questions, or require further Information, please feel free to contact me. Sinc e'roly, HR GREEN, INC. Jon E. Scharf, PE Project Manager cc: Daniel Scott, City of Iowa City Dave Eilas, City of Iowa City Jon Thomas, City of Iowa City NFNtGMMSOATM20400M.040EMGNOMM iLTR -021373- F�CON_BIO RECX tDATION.DOCX W Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5144 RESOLUTION NO. 13-96 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE LANDFILL FY09 CELL RECONSTRUCTION PROJECT. WHEREAS, JB Holland Construction of Decorah, Iowa, has submitted the lowest responsible bid of $1,322,474.20 for construction of the above -named project; and WHEREAS, funds for this project are available in the Landfill FY09 Cell Reconstruction Project account # 3321 - 550900. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above -named project is hereby awarded to JB Holland Construction, 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 19th day of February , 20 i ATTEST: lk �2 CITY CLERK W- _ �.—Uf & Uffifel : Approved by City Attorney's Office a `f-t3 It was moved by M;ms and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion _ X Dickens X_ Dobyns X Hayek X Mims X Payne X Throgmorton pweng \masters\awrdcon.doc