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HomeMy WebLinkAbout2017-10-17 Resolutionsc( (3) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 17-319 Resolution approving agreement with the Iowa Department of Natural Resources for a $157,300 grant from the Land and Water Conservation Fund for a Nature Play Area at Riverfront Crossings Park Whereas, the Iowa Department of Natural Resources administers the federal Land and Water Conservation Fund grants for acquisition and/or development/enhancement of land for outdoor recreation; and Whereas, the City applied for and has been awarded a grant of $157,300 requiring a fifty percent (50%) local match for development of the nature play area in Riverfront Crossings Park. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The City Manager is authorized to sign the Land and Water Conservation Fund grant agreement and amendments as needed. Passed and approved this 17th d y of October, 2017. G Mayor Attes City Clerk City Attorney's Office Resolution No. Page 2 17-319 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ET'jamINA 0 0 My. ALF Thomas Botchway Cole Dickens Mims Taylor Thomas Throgmorton IIT 11 r 1 CITY OF IOWA CIT_10-im tri COUNCIL ACTION RPM October 17, 2017 Resolution approving agreement with the Iowa Department of Natural Resources for a $157,300 grant from the Land and Water Conservation Fund for a Nature Play Area at Riverfront Crossings Park Prepared By: Juli Seydell Johnson, Director of Parks & Recreation Reviewed By: Sue Dulek, Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: The estimated cost for the Play Area is $314,600. The City's $157,300 match is available from the Riverfront Crossings Park Project funds. Recommendations: Staff: Approval Commission: N/A Attachments: Riverfront Crossing Map, Nature Play Area Rendering, Resolution Executive Summary: The Land and Water Conservation grant program through the Iowa Department of Natural Resources provides federal assistance for the purpose of acquisition and/or development of land for outdoor recreation. Funds are provided in the form of 50% reimbursement grants through a competitive application process. Applications were due on March 15, 2017. The award of the grant was announced on September 24, 2017. Background / Analysis: Phase 1 of the Riverfront Crossing Park, 1001 S. Clinton, is currently being constructed with completion of Phase 1 anticipated in early spring 2018. This grant provides partial funding for Phase 2, the development of a nature play area along Ralston Creek in the northeast section of the park. The nature play area was designed incorporating public input received during the master plan process. The play area will provide outdoor recreation for children and families through nature -based play spaces which teach and interpret the environmental and historical context of the Iowa City area. Very few traditional playground structures will be in the area. The ground will be sculpted to provide natural slides, access to water, climbing on timbers and other play spaces incorporating "artful rainwater" concepts into the design. A contract for play area construction has been awarded to Tri Con Construction. The playground construction will begin in early spring 2018 with completion by April 30, 2018. , 74 y��T 10 i` � 9 MASTER PLAN RIVERFRONT CROSSINGS conFU)EncE IOWA CITY. IOWA OECEM R. AIB OA MUM CREEK OB CREEK ACCESS OC SHALLOW STREAM BED ORAIN GARDEN POOL OE ENTRY PLAZA OHISTORIC ARCH -REFLECTION POOL - QTY. Z OG BICYCLE RACKS OH BENCH Oi SMDEKRORERAREA OJ FOSSIL DIG FEATURE OK SHELL DIG FEATURE OL 'FALLEN TREE LOG SLIDE AND TUNNEL OM 'STEPPER ROCK CUMBER O'PEAK ROCK CLIMBER OG 'PINNACLE ROCK CUMBER Op 'POINTE ROCK CUMBER ORECLAIMED RAILS BALANCE BEMIS OR LOGTUNNELFEAMRE 8O SMALL LOG PILE BALANCE BEAMS TO SMALL STEPPER RUN OLARGE STEPPER RUN OLOG STEPPERS OW RECWMEDRAILRMDTIE'DPPW O% LARGELCGPILEBALANCESEAMS(AGESS,) OY TUMBLE BERM W TUNNEL OPLAYGROUND ZIP UNE ODINOSAUR RIB CAGE TUNNEL FEATURE O SQUARE PORT BALANCE BEAMS © RAILROAD TIE STEPPER MOUNDS ®'OODLE SWING OSLANGS WRHPARENTiCHILDSEAT OTURF TUMBLE AREA BOULDERS - VMIMS SIZES & TYPES RIVERFRONT CROSSINGS PARK NATURE PLAY AREA COOFLUEnCE IOWACll IOWA Mn ml? Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 17-320 Resolution approving a two-year renewal of the concession agreement with Fin & Feather H2O LLC for Terry Trueblood Recreation Area. WHEREAS, in 2012 the City and Fin & Feather H2O LLC ("Fin & Feather") signed a 3 - year agreement for the provision of rental equipment and food services at Terry Trueblood Recreational Area; WHEREAS, Fin & Feather and the City agreed to a 2 -year renewal of the agreement on the same terms as approved in Resolution No. 15-169; and WHEREAS, Fin & Feather and the City wish to extend the agreement for two more years until August 31, 2019. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The Mayor is authorized to sign and the City Clerk to attest to the attached two-year renewal of the above -referenced agreement. Passed and approved this 17th day of October , 2017. G MA OR J> Approved by ATTEST,. CrrY CLERK City Attorney's Office Resolution No Page 2 17-320 It was moved by Botchway and seconded by Thomas Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton the Drafted by: Susan Dulek, Ass't City Attorney, 410 E. Washington St, Iowa City, IA 52240; 319-356-5030 SECOND RENEWAL OF THE TERRY TRUEBLOOD RECREATION AREA MARINA BUILDING CONCESSION AGREEMENT WITH FIN & FEATHER H2O L.L.C. WHEREAS, on September 4, 2012, the CITY OF IOWA CITY, IOWA, ("CITY") and Fin & Feather H2O L.L.C., ("CONCESSIONAIRE,") entered into a Concession Agreement ("Agreement") that was to terminate on August 31, 2015; WHEREAS, Paragraph I of the Agreement provides for an option to renew the Agreement for up to two (2) subsequent renewal periods; WHEREAS, on May 29, 2017 the parties extended the tern to August 31, 2017; and WHEREAS, the parties wish to exercise the renewal provision for a second renewal. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements hereinafter set forth, it is agreed by and between the parties as follows: This Agreement is renewed for an additional two-year period for the period from September 1, 2017 through August 31, 2019. Dated this 17th day of October, 2017. CITY OF IOWA CITY; IOWA Attest: K lie K Fruehlin City Clerk Approved: City Attorney By: L — Jd6es A. Throgmortot , Mayor CONCESSIONAIRE f /1 By: LLL///��'111///YYY/// ///�1y .r --'Brian MldeAsteffi For Fin & Feather H2O L.L.C. r CITY OF IOWA CIT-A�.-VA7 -^'I � COUNCIL ACTION REPOK October 17, 2017 Resolution approving a two-year renewal of the concession agreement with Fin & Feather H2O LLC for Terry Trueblood Recreation Area Prepared By: Juli Seydell Johnson, Director of Parks & Recreation Reviewed By: Geoff Fruin, City Manager; Sue Dulek, Assistant City Attorney Fiscal Impact: Continues Percentage Payment for Concession Operations Recommendations: Staff: Approval Commission: N/A Attachments: Resolution, Contract Executive Summary: In 2012 the City and Fin & Feather H2O LLC ("Fin & Feather') signed a 3 -year agreement for the provision of rental equipment and food services at Terry Trueblood Recreation Area. The agreement provides for two, 2 -year renewals, and the City and Fin & Feather previously renewed it through Aug. 31, 2017. This resolution approves a second renewal through Aug. 31, 2019, on the same terms. Background / Analysis: Fin & Feather H2O LLC ("Fin & Feather') has operated a food concession, boat rental and ice skating rental at Terry Trueblood Park since 2012. This has been a successful operation which provides park users with additional recreation opportunities at the park. Rentals during the summer include kayaks, canoes, stand up paddle boards and peddle boats. The concession opens on weekends during winter months when the lake is frozen to offer ice skate rental. Fin & Feather pays the City 4% of gross revenue from all operations at TTRA. This amount was $3,254 in FYI and $4,116 in FYI 7. Prepared by: Juli Seydell-Johnson, 220 S. Gilbert St, Iowa City, IA 52240 (319) 355-5104 Resolution No. 17-321 Resolution amending the budgeted positions in the Parks and Recreation Department and the AFSCME pay plan by deleting the full-time Office Coordinator - Recreation position and adding two full-time Maintenance Worker I - Forestry positions. Whereas, Resolution No. 17-71, adopted by the City Council on March 7, 2017 authorized budgeted positions in the Recreation and Forestry Divisions of the Parks and Recreation Department for Fiscal Year 2018; and Whereas, Resolution No. 15-95, adopted by the City Council on April 7, 2015, established a classification/compensation plan for AFSCME employees for Fiscal Year 2018; and Whereas, Resolution No. 17-14, adopted by the City Council on January 3, 2017, established a classification/compensation plan for AFSCME employees for Fiscal Years 2019-2021; and Whereas, the City of Iowa City is in the process of completing a tree inventory, tree infestation response plan and several street tree and park tree plantings increasing the need for qualified forestry staff; Whereas, after evaluating the position needs of the Parks and Recreation Department it has been determined that two Maintenance Worker I - Forestry positions with core duties of assisting in managing the City's tree canopy band better serve the Department and City of Iowa City. Now therefore be it resolved by the City Council of the City of Iowa City, Iowa that: The budgeted positions in the Recreation Division of the Parks and Recreation Department be amended by deleting one full-time Office Coordinator - Recreation position, AFSCME grade 9. The budgeted positions in the Parks and Forestry Division of the Parks and Recreation Department be amended by adding two full-time Maintenance Worker I - Forestry positions, AFSCME grade 4. The AFSCME pay plan be amended by: 1. Deleting the position of Office Coordinator- Recreation, grade 9. 2. Adding the position of Maintenance Worker I - Forestry, grade 4. Passed and approved this 17th day of October , 2017 Mayd( pr�(o�N-1{- ATTES, Cf y Clerk ApCity Attorney's Office Resolution No. Page 2 17=321 It was moved by Botchway and seconded by Thomas the Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: ABSTAIN: Botchway Cole Dickens x Mims x Taylor x Thomas x Throgmorton CITY OF IOWA C[T';o COUNCIL ACTION REPOR'.5 October 17. 2017 Resolution amending the budgeted positions in the Parks and Recreation Department and the AFSCME pay plan by deleting the full-time Office Coordinator— Recreation position and adding two full-time Maintenance Worker I — Forestry positions Prepared By: Juli Seydell Johnson, Director of Parks & Recreation Reviewed By: Karen Jennings, Human Resources Administrator; Dennis Bockenstedt, Finance Director; Geoff Fruin, City Manager Fiscal Impact: This change will increase the Full Time Forestry staff budget by $2,057. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The Parks & Recreation Department — Recreation Division has a vacant Office Coordinator position. After evaluating the needs of the Parks & Recreation Department it has been determined that the needs of the department can be better served by replacing the position with two new positions of Maintenance Worker I - Forestry. The financial impact of these changes in position classifications will result in a total annual increase to the Parks and Recreation budget of $2,057. Background / Analysis: This item replaces the vacant full time position of Office Coordinator — Recreation with two full time Maintenance Worker 1 — Forestry positions. In addition, budgeted wages for temporary forestry employees will be reduced by $50,000 per year. The reorganization of staff from the recreation division to the forestry division is recommended based upon the increase in park and forestry tasks associated with additional tree plantings, the addition of new parks, right-of-way and open space areas, and maintenance needs throughout City -owned lands. Many of the tasks previously completed by the Office Coordinator have been automated through software upgrades and changes in business processes. The need for additional forestry staff is directly related to the City Council's goal of increasing tree planting to reduce carbon emissions and provide for complete streets and neighborhoods. The need is especially relevant now as tree diseases and infestations such as Emerald Ash Borer are expected to have significant impacts on the City's tree canopy. The nearly completed tree inventory provides information to strategically plan tree plantings and maintenance; however, current staffing levels are not sufficient to carry out the work needed. The two new employees will replace temporary forestry positions, which were difficult to fill and maintain from season to season. The new full-time staff will be able to be hired with professional training and certifications making the forestry operation more productive, versatile and stable. rr 1 CITY OF IOWA CITY COUNCIL ACTION REPORT Activities relating to tree planting and care take place throughout the year. However, the addition of two full-time staff with CDLs will provide for additional staff on snow clearing routes. Park and Forestry staff clear park/trail routes and facilities while also being available for assistance on Public Works routes when necessary. The new staff will also be able to assist with general park maintenance needs on an as needed basis. bd CC, Prepared by: Sarah Walz, Assistant Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5239 Resolution no. 17-322 Resolution authorizing the installation of radar feedback signs on Seventh Avenue, between Court Street and Glendale Road. Whereas, the City Council has established a traffic calming program for the City of Iowa City for the purpose of considering neighborhood traffic calming projects; and Whereas, the residents of Seventh Avenue, between Court Street and Glendale Road, have successfully completed the traffic calming process according to the City Council's approved procedure; and Whereas, a neighborhood survey has been conducted in accordance with the approved traffic calming program and an 71% majority of respondents indicated they are in favor of installation of radar feedback signs; and Whereas, Staff will re-evaluate speeds 6 and 12 months after installation to measure their effectiveness; and Whereas, signs may be removed if they do not produce a substantial/sustained reduction in speeds after one year or if maintenance and reliability becomes an issue; and Whereas, residents along the effected portion of Seventh Avenue may petition for removal of the signs based on the same formula required in the traffic calming policy; and Whereas, the City Council finds said proposal to be in the public interest and is consistent with its adopted traffic calming program. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that The proposal to install radar feedback signs on Seventh Avenue, between Court Street and Glendale Road, is hereby approved. 2. City staff is directed to proceed with the installation of radar feedback signs on Seventh Avenue, between Court Street and Glendale Road. Passed and approved this 17th day of October 2017 JirrjrThrogmorton, May r Approved by Attest Kellic Fru hling, City Cletk 'Cify Attorney's Office / Resolution No. Page 2 It was moved by Botchway and seconded by Thomas the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton CITY OF IOWA CIT`- COUNCILACTION REPW October 17, 2017 Resolution authorizing the installation of radar feedback signs on Seventh Avenue, between Court Street and Glendale Road. Prepared By: Sarah Walz, Assistant Transportation Planner Reviewed By: Kent Ralston; Transportation Planner Tracy Hightshoe; Acting Neighborhood & Development Services Director Fiscal Impact: CIP#S3816 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The residents of Seventh Avenue, between Court Street and Glendale Road, successfully completed the City of Iowa City's Traffic Calming Program. A traffic study determined that the street qualified for the program based on traffic speeds. In 2016, staff recommended against a request to install speed humps along this section of street based on the concerns expressed by the Fire Department. Staff reconsidered options along the roadway and are now proposing a pilot project to install radar (dynamic) feedback speed signs. A survey of neighbors regarding this proposal yielded a 50% response rate (14 out of 28). Of those households that responded, 71% (10 of 14) indicated their approval of the proposal to install radar feedback signs. Background / Analysis: In the fall of 2015, residents of Seventh Avenue, between Court Street and Glendale Road, submitted a petition to the City seeking consideration for the traffic calming process. A traffic study determined that the street qualified for the program based on speed and volume. The speed limit on Seventh Avenue is 25 MPH. Southbound speeds vary with 15% of drivers traveling in excess of 34 MPH, while 15% of northbound vehicles are traveling at 29-32 MPH. These measurements meet the minimum threshold for the traffic calming program, which requires that 15% of drivers are exceeding the speed limit by 5 MPH or more. Seventh Avenue provides an important north -south connection for the larger eastside neighborhoods—the only north -south through street between First Avenue and Muscatine Avenue/Evans Street. Average daily traffic volumes measured during the study period indicated more than 2,700 vehicles per day. Pavement widths can influence vehicle speeds, with narrower widths typically discouraging speeding. The pavement width on this portion of Seventh Avenue is 25 feet, which is narrower than the current minimum standard of 26 feet. On -street parking can also serve to slow vehicle speeds. On -street parking is permitted between Morningside Drive and Glendale Road but is prohibited along other portions of the street in order to accommodate peak hour traffic, including school i r CITY couNcwrr®�m- -•..a.__ buses. OF IOWA CITY IL ACTION REPORT Staff reviewed the traffic study and street context with the City Engineer, Streets Department, and the Fire Department to consider appropriate ways to address the speeding issue. An all -way stop was considered at the intersection of College and Seventh, but was not warranted based on traffic counts on College Street and due to potential confusion created by the adjacent intersection with Wilson Street. Staff concluded that radar feedback signs may provide an effective means for lowering speeds in this situation. A review of literature indicates that radar feedback signs are effective in reducing the number of vehicles traveling ten or more miles over the speed limit. Studies also indicate that radar feedback signs are most effective in conjunction with school zones. While Seventh Avenue is not a school speed zone, it is a primary route for those commuting to City High and the peak travel period is concurrent with school hours. Staff recommends installation of radar feedback signs along this portion of Seventh Avenue as a pilot study and recommends against additional installations of radar feedback signs until after the end of the study period. Staff will re-evaluate traffic speeds 6 and 12 months after installation to measure their effect on speeds. Staff recommends that signs be removed if they do not produce a substantial/sustained reduction in speeds or if maintenance and reliability becomes an issue. Funding for traffic calming projects is allocated from a line item in the CIP (S3816). The cost of a single feedback sign is $2,500. Staff is recommending 2 feedback signs -one for northbound and one for southbound traffic. 5,1 (7) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. 17-323 Resolution Accepting the Dedication Outlots I and J, Lindemann Subdivision, Part Three, and Outlots Q and R, Lindemannn Subdivision, Part Five as Public Open Space. Whereas, the City and Walden Wood Associates II, L.L.C. entered into a subdivider's agreement for Lindemann Subdivision, Part Three, recorded at Book 3690, Page 465-499, in the records of the Johnson County, Iowa Recorders Office, contemporaneously with the final platting of said subdivision; and Whereas, the City and Walden Wood Associates II, L.L.C. entered into a subdivider's agreement for Lindemann Subdivision, Part Five, recorded at Book 5118, Page 389-422, in the records of the Johnson County, Iowa Recorders Office, contemporaneously with the final platting of said subdivision; and Whereas, pursuant to said Subdivider's Agreements, Walden Woods Associates II agreed to dedicate Outlots I, J, Q and R to the City for public open space, and the City agreed to accept the dedication of said outlots upon the satisfaction of certain conditions set forth in said agreements; and Whereas, Staff finds that these conditions have been satisfied; and Whereas, the City Council finds acceptance of said dedications to be in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: Acceptance of the above -referenced outlots for public open space, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. The Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedications and to record the same at the Walden Wood Associates II, L.L.C. expense. Passed and approved this 17th day of October MA OR ATTES '� C1YY CLERK Approved bc/.y(/ City Attorney's Office Resolution No. Page 2 It was moved by Botchway and seconded by Thomas Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton the r 1 CITY OF IOWA CIT 13 COUNCIL ACTION REPORT October 17, 2017 Resolution Accepting the Dedication Outlots I and J, Lindemann Subdivision, Part Three, and Outlots Q and R, Lindemannn Subdivision, Part Five as Public Open Space. Prepared By: Sara Greenwood Hektoen, Assistant City Attorney Reviewed By: Eleanor Dilkes, City Attorney Fiscal Impact: N/A Recommendations: Staff: Approval Commission: N/A Attachments: Resolution, Map Executive Summary: Pursuant to subdivider's agreements for these two subdivisions, the City agreed to accept these four outlots as public open space upon completion of the public improvements in the subdivisions, erosion control and ground cover established, and occupancy permits have been issued for all of the numbered lots adjacent to the outlots. Staff has determined that these conditions have been satisfied, and thus find acceptance of this dedication appropriate. Background / Analysis: These outlots include a trail and stream bank, which has been restored to the Director of Parks and Recreation's and Public Works' satisfaction. Johnson County Property Information Viewer Johnson County Property Information Viewer 225 � h ears A parce number (ex. 1015281014 E.: yug n 2 220 2,0 � S_1 57 fl 233 2z5 16 58 �,,rt.REN 31 �� 205 Page 1 of 1 H - 40174031405140894087410'41214139 41754193 3955 185 IpO9 gp2940484p6840B841,041304150417 175 FF LILLMNST 165 74047406740B 47 10941 129I4149416�14 89155 ` u 3 2 12 22 52 62 [T2 L �y2 13 1 CAMDEN RD 123 5 15 25 35 45 55 93 [R 63 93 13926 113 Li S24 L.eJ' ( Q6 ^ 24 94 EWOO��DR�1�CIRR L76 PNYLLI.S PL 55 64� M"j 5749 5747 707 711 M 3632 36417700371637383454 �4 m E COURT 87 873 3621 e4-831 Y 406 .407, 400 300tt 2,192,171.0305 612,451.6515 feet https://gis.johnson-county.com/piv/ 10/9/2017 5d (2) Prepared by: Tim Hennes, Senior Building Inspector, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5078 Resolution No. 17-324 Resolution authorizing the annual renewal of the maintenance contract for Avolve Software Corporations services Whereas, in July of 2012 the City entered in to a contract with Avolve Software Corporation to provide plan review software; and Whereas, the $134,520 contract amount was within the $150,000 allowed by Council for the City Manager to approve; and Whereas, the cumulative contract amount and the annual contract renewal fee of $20,930 have exceeded the $150,000 allowed by Council for City Manager to approve; and Whereas, the contract states there is an annual maintenance contract renewal fee payable by the City; and Whereas, the annual maintenance is necessary for Avolve to continue providing technical support; and Whereas, funds for the annual maintenance are available in the Building Inspection Division line item, 10610610-455110, in the operating budget for the Building Inspection Division; and Whereas, approval of this annual software maintenance renewal is in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The proposed annual software maintenance renewal as described is approved. 2. The City Manager is authorized to take whatever steps are necessary to effectuate the renewal. Passed and approved this 17th day of October —'20 17 MOOR lApproved ATTES Y 76'Ia'I } CITY CLERK City Attorney's Office Resolution No. Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Thomas the Botchway Cole Dickens x Mims x Taylor x Thomas x Throgmorton CITY OF IOWA CIT) 5"rfr ' COUNCIL ACTION REPOR�--- October 17, 2017 Resolution authorizing the annual renewal of the maintenance contract for Avolve Software Corporations services Prepared By: Tim Hennes, Senior Building Inspector Reviewed By: John Yapp, Development Services Coordinator Fiscal Impact: Funds are available in 1 061 061 0-444080 Software R&M Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The City entered in to a contract with Avolve Software Corporation to provide plan review software and integrate it with our current permitting software. The $134,520 contract amount for the plan review software was within the $150,000 allowed by Council for the City Manager to approve. The contract states there is an annual maintenance contract renewal fee payable by the City. The cumulative contract amount and the annual contract renewal fee of $20,930 have exceeded the $150,000 allowed by Council for City Manager to approve. Background / Analysis: In July of 2012, the City entered into a contract with Avolve software that integrates with our permitting software. The maintenance provision for the software. The initial contract contract amount was under the $150,000 allowed by Council that the cumulative amount exceeds $150,000 a resolution i Purchasing Divisions policy. Software to provide plan review contract did include an annual amount totaled $134,520. The for City Manager approval. Now s necessary as required by our The annual maintenance is necessary for Avolve to continue providing technical support. Funds for the annual maintenance are available in the Building Inspection Division operating budget. This proposal authorizes the annual renewal of the maintenance contract with Avolve Software Corporation and authorizes the City Manager to effectuate the renewal. scj �q) Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 Resolution No. 17-325 Resolution accepting the work for the sanitary sewer, water main, storm sewer, drainageway, off-site sidewalk, temporary turnaround, and paving public improvements for Churchill Meadows Parts Two, Three, and Four, and declaring public improvements open for public access and use Whereas, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications approved by the Engineering Division. Sanitary sewer, storm sewer, drainageways, and water main improvements for Churchill Meadows Parts Two, Three, and Four, as constructed by BWC Excavating, L.C. of Solon, IA Paving, off-site sidewalk, and temporary turnaround improvements for Churchill Meadows Parts Two, Three, and Four, as constructed by Streb Construction Co., Inc. of Coralville, IA Whereas, the maintenance bonds have been filed in the City Clerk's office; and Whereas, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and Whereas, the traffic control signs have been installed. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 17th day of October 12017 Millyor Approved by Attest _ ,:GEC Ci y Clerk City Attorney's Office It was moved by Botchway adopted, and upon roll call there were: and seconded by Ayes: Nays: x x x x x _ x _ x Thomas the Resolution be Absent: Botchway Cole Dickens Mims Taylor Thomas Throgmorton I r 1 CITY OF IOWA CITI 10-17 COUNCIL ACTION REPORT October 17, 2017 Resolution accepting the work for the sanitary sewer, water main, storm sewer, drainageway, off-site sidewalk, temporary turnaround, and paving public improvements for Churchill Meadows Parts Two, Three, and Four, and declaring public improvements open for public access and use Prepared By: Josh Slattery - Sr. Civil Engineer Reviewed By: Jason Havel - City Engineer, Ron Knoche - Public Works Director, Geoff Fruin - City Manager Fiscal Impact: No Impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: Churchill Meadows Parts Two, Three, and Four include a 36 -lot, 18.66 -acre residential subdivision located south of Herbert Hoover Highway and west of Hanks Drive. Background / Analysis: The construction of the sanitary sewer, water main, storm sewer, drainageway, off-site sidewalk, temporary turnaround, and paving public improvements for Churchill Meadows Parts Two, Three, and Four have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. 11 1 CCM 0N=1t�'� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 ENGINEER'S REPORT (319) 356 - 5009 FAX www.icgov.org September 9, 2017 Honorable Mayor and City Council Iowa City, Iowa Re: Churchill Meadows Parts Two, Three, and Four Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, drainageway, off-site sidewalk, temporary turnaround, and paving improvements for Churchill Meadows Parts Two, Three, and Four have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by BWC Excavating, L.C. of Solon, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Coralville, Iowa. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer 5ci(10 Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 Resolution No. 17-326 Resolution accepting the work for the Ashton House Site Improvements REAP Grant 2016 Project Whereas, the Engineering Division has recommended that the work for construction of the Ashton House Site Improvements REAP Grant 2016 Project, as included in a contract between the City of Iowa City and Carew Landscaping, of Iowa City, Iowa, dated April 4, 2017, 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 Ashton House Patio Improvements account # R4193; and Whereas, the final contract price is $136,097.25. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 17th day of October�/ , 2017 e/ / May6r Attest . irk o � � City Clerk Approved by City Attorney's Office It was moved by Botchway and seconded by Thomas adopted, and upon roll call there were: Ayes: Nays: x x x x x _ x x Absent: 16,co-,/�, the Resolution be Botchway Cole Dickens Mims Taylor Thomas Throgmorton X 1 CITY OF IOWA CIT, 107 -rM?m It � COUNCIL ACTION REPOR�°- October 17. 2017 Resolution accepting the work for the Ashton House Site Improvements REAP Grant 2016 Project. Prepared By: Dave Panos - Sr. Civil Engineer Reviewed By: Juli Seydell-Johnson - Parks and Recreation Director Jason Havel - City Engineer, Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Resolution, Engineer's Report Executive Summary: The project was let as a Competitive Quotation project and has been completed by Carew Landscaping of Iowa City, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer as a Competitive Quotation project. ❖ Project Estimated Cost: $ 127,154.60 ❖ Project Bid Received: $ 132,722.25 ❖ Project Actual Cost: $ 136,097.25 Background: The Ashton House is a small event venue available for public rentals. The 1940's era home was designed and built by engineer, Ned Ashton, to fit into the natural landscape along the river while being able to withstand periodic river flooding. The facility is listed on the National Register of Historic Places. Project Green has been a long-time partner in maintaining the landscaping and grounds surrounding the facility. In 2015, Project Green applied for and was awarded a $154,000 Resource Enhancement and Protection (REAP) grant from the Iowa DNR to restore the landscape surrounding the facility to a flood -tolerant landscape which also enhances the historic nature of the building. The REAP grant has funded the majority of the construction as well as $30,000 in design and construction management fees. The project included the addition of a small, lighted gazebo, enhanced patio area, and a number of trees and landscaped planting areas throughout the grounds. Laura Hawks, of Hawks Design, designed and oversaw the installation of the plantings. Project Green will continue to maintain the grounds. A ribbon cutting celebration was held on October 12, 2017 to celebrate completion of the project. • wr®�m� 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 October 11, 2017 City Clerk Iowa City, Iowa Re: Ashton House Site Improvements REAP Grant 2016 Dear City Clerk: I hereby certify that the construction of the Ashton House Site Improvements REAP Grant 2016 has been completed by Carew Landscaping, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City, Iowa. This project was bid as a unit price contract and the final contract price is $136,097.25. There was one change order for the project added to complete sod installation directly adjacent to the patio and other specific locations to allow continued use and rental of the area during construction. Change Order #1: Sod Installation Total Cost = $3,375.0 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, ` Jason Havel, P.E. City Engineer Prepared by: Jason Reichart, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5416 Resolution No. 17-327 Resolution setting a public hearing on November 6, 2017 on plans, specifications, form of contract, and estimate of cost for the construction of the Burlington Clinton Street Intersection Improvements 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 Burlington/Clinton Intersection Imp account # S3840. 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 6th day of November, 2017, 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 17th day of October 2017. m4fo, --Cffy Clerk Approved by City Attorney's Office id�N�t 7 It was moved by aotchway and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Botchway Cole Dickens Mims Taylor Thomas Throgmorton r 1 CITY OF IOWA CIT" COUNCIL ACTION REPO 10- e(3) It 7 17-17 5 -- October 17, 2017 Resolution setting a public hearing on November 6, 2017 on plans, specifications, form of contract, and estimate of cost for the construction of the Burlington Clinton Street Intersection Improvements Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. Prepared By: Jason Reichart - Civil Engineer Reviewed By: Jason Havel - City Engineer, Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: $1,100,000 available in the Burlington/Clinton Intersection Imp account #S3840 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: A bid letting was previously held for the above-named project on June 2, 2017, but no bids were received. Plans, specifications, and form of contract have been revised to re -bid the project in December 2017, with a specified construction start date in April 2018. The Burlington Clinton Street Intersection Improvements Project is expected to improve traffic and pedestrian safety and multimodal travel at the Burlington Street and Clinton Street intersection, and throughout the Clinton Street corridor. This project includes the construction of new water main and ADA and sidewalk improvements along Clinton Street, between Court Street and Burlington Street, and the construction of new turn lanes and signal improvements at the Burlington and Clinton intersection. In addition, this project was designed to maximize the use of the existing pavement, and includes the restriping of Clinton Street to include a 4 - lane to 3 -lane conversion from Jefferson Street to Court Street, and the addition of continuous bike lanes on Clinton Street from Church Street to Benton Street. Background / Analysis: Shive-Hattery, Inc. of Iowa City, Iowa was selected to design the project, which included an original concept of constructing turn lanes and other safety improvements at the Burlington and Clinton intersection. During the design process, the City expressed the desire to explore the option of a 4 -lane to 3 -lane conversion for the Clinton Street corridor within and adjacent to the project area. This was also included as part of the Downtown Iowa City Multi -Modal Traffic Modeling Study and the City's recently adopted Bicycle Master Plan. The plans, specifications, form of contract, and estimate of cost for construction of the Burlington Clinton Street Intersection Improvements Project are on file in the Office of the City Clerk for public examination. The estimated cost of construction is $1,100,000, and the project is expected to be completed in 2018. H Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5436 Resolution No. 17-328 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 Confluence, Inc. to provide consultant services for the Riverfront Crossing Park, Phase 3 Project Whereas, the City of Iowa City desires the services of a consulting firm to prepare final design, bidding and construction services for construction of the Riverfront Crossing Park, Phase 3 Project; and Whereas, Phase 3 includes two restroom/shelter building, park and trail lighting, park signage and Iowa River terrace and riverfront trails; and Whereas, improvements to Riverfront Crossings Park has five phases, and Phases 1 and 2 are underway; and Whereas, Confluence, Inc. was awarded the consultant contract for Phases 1 and 2; and Whereas, staff recommends continuing with Confluence, Inc. for Phase 3 in order to provide continuity and coordination for the Riverfront Crossings Park Project; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with Confluence, Inc., to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Confluence, Inc.; and Whereas, funds for this project are available in the Riverfront Crossings Riverbank/Park Development account # R4185. 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. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Resolution No. 17-328 Page 2 Passed and approved this 17th day of October 2017 May Approved by Attes City Clerk City Attorney's Office It was moved by Botchway adopted, and upon roll call there were: Ayes x and seconded by Dickens Nays: Absent: the Resolution be Botchway Cole Dickens Mims Taylor Thomas Throgmorton Section IV CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 17th day of October, 2017, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Confluence, Inc. dba Confluence, hereinafter referred to as the Consultant. WHEREAS, Consultant designed Phases 1 and 2 of the Riverfront Crossings Park Project; and WHEREAS, the City is ready to proceed with the design, and possibly the bidding and construction, of Phase 3 and desires to enter into an agreement with Consultant for said services. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A detailed description of packages of services for Phase 3 is attached as Exhibit A and incorporated herein and divided into two sets of services, (a) Preparation of Design and Construction Documents and (b) Bidding Assistance/Support and Construction Phase Services: (a) Preparation of Design. Bidding and Construction Documents Consultant shall be responsible for field verifying existing site conditions, including but not limited to topography, pavement locations, and utility locations. • Consultant shall be responsible for 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, State and federal workplace, health and safety laws including but not limited to OSHA, Controlled Product Standards, Americans with Disabilities Act and any other applicable codes/regulations • Consultant shall ensure that the building, shelter, and sign designs shall complement the design standards in the 2017 Iowa City Park Master Plan. • Consultant shall provide all necessary design services for the following park elements and associated features: 2 Restroom/Shelter Buildings; Power Center; lighting Package; Signage Package; Lower River Walk and Terrace. • Consultant shall provide up to three (3) preliminary design iterations for each park element for consideration by the City and incorporation into final design and bidding documents. • Consultant shall provide 30%, 60% and 90% design review documents (plans, specifications and opinion of probable costs) for the City's review. Consultant shall address review comments to the complete satisfaction of the City prior to issuing subsequent review documents and/or final plans and specifications. • Consultant shall provide two (2) bidding and construction document packages: o Package f to include the following elements and associated features: 2 Restroom/Shelter Buildings; Power Center; Lighting Package; and Signage Package. o Package 2 to include Lower River Walk and Terrace. -2- Section IV (b) Bidding Assistance/Support and Construction Phase Services: The City in its sole discretion will decide whether Consultant shall perform bid the project. Consultant shall not proceed to provide bidding services until directed in writing by the City (an email from the Director of Parks and Recreation is sufficient). • Consultant shall provide these services for two (2) bidding and construction document packages as described above. • Consultant shall address contractor bidding questions and clarifications via addendum. • Consultant shall attend pre-bid meetings for each bid package. • Consultant shall review bid submittals for each bid package and make a recommendation of award to the City. • Consultant shall attend regular bi-weekly progress meetings for each bid package for the duration of the construction. • Consultant shall answer all contractor Requests for Information (RFI's) and issue all Instructions to Contractor (ITC's) accordingly for the duration of the project as they may become necessary. • Consultant shall review all product submittals for compliance with the contract documents and provide comments to the contractor accordingly. • Consultant shall provide as -built record drawings in pdf and AutoCAD formats. It. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Package 1: Restrooms/Shelter Buildings; Power Center; Lighting Package; and Signage Package. Up to 3 preliminary design iterations for consideration by the City and incorporation into design and bidding documents shall be completed by November 8, 2017. Preparation of all final design and construction documents for shall be completed by January 2, 2018. Bidding assistance/support and construction phase services, if requested by the City, by the date agreed to by the parties when this Agreement is amended. Package 2: include Lower River Walk and Terrace. Up to 3 preliminary design iterations for consideration by the City and incorporation into design and bidding documents shall be completed by March 31, 2018. Preparation of all final design and construction documents for shall be completed by August 31, 2018. Bidding assistance/support and construction phase services, if requested by the City, by the date agreed to by the parties when this Agreement is amended. III. GENERAL TERMS - 3 - Section IV A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that 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. -4- Section IV 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. P. No modifications to the Scope of Services or other contract terms can be made without the written amendment signed by both parties. IV. COMPENSATION FOR SERVICES Preparation of Design and Construction Documents for both Package 1 and Package 2: The City shall compensate Consultant a lump sum of $237,200.00 including reimbursable expenses. Bidding Assistance/Support and Construction Phase Services: If the City directs Consultant to perform these services, the City shall compensate Consultant a lump sum of $34,500.00 including reimbursable expenses for Restrooms/Shelter Buildings; Power Center; Lighting Package; and Signage and $32,500.00 including reimbursable expenses for the Lower River Walk and Terrace. 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. C. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive -5 - Section IV any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. D. The parties agree that this Agreement may be amended to provide for Consultant to design and prepare final bid documents, provide bidding assistance/support, and construction phase services for the artist plaza (inside the traffic circle) and rainwater plaza (south of the traffic circle) and the parties agree that the anticipated fee for said services including reimbursables will be approximately $190,000 with the actual fee to be negotiated in good faith when this Agreement is amended. FOR THE Gl� By: ames A. Throgmort Title: Mayor FOR THE CONSULTANT By: Brenda Nelson Title: Associate Principal Date: 10/12/17 Approved by: City Attorney's Office Date (0_.13_rt- Phase 3 - Design DevelopmeM end Construction Documents dad construction budget $190,000 includes signago master plan o I 13000 A 300) Design 1000 Priority 4 Lomr p'. - Final Design+Construction Walk adT ce AMlcipated construction coat $1,20),000 Civil Priority Documents 16500 Bidding Assistance/Support Construction Phase Services Supplemental survey 3500 gv Irf ed construction cost: $50),00) 6500 Civil- grading, railing, drainage, $00) Permitting updates -Standard Civil - bails and playa 10000 CAO 10000 ml2000 12000 Subtotal $119,500,00 TOTAL PHASE 3 $237, .00 1500250)850) 150 350 500 1000 18800 taog 2,000 Landscape 850 2500' 1000 SuhWtal $93,250.au $5,650.00 $6850.00 Building 2 - Power Center Architectural 1200) Structural 265500 1500 250) MEDT 150 350 500 1000 Civil included above Landscape 950 2500• 1000 ' Subtolal SM450.00 $4 650.00 $4,M.00 ' Confluence, as prima consu0ant, will prepare final bid documents and pmject manual + administer bid and consimclian Pdorty 2 LightingParma Anticipated construction budget: $340, Civil Pngineedng- trail, plaza, service far 27500 signage lighting, event power provision 2000 Landscape Architecture - concept design, 6500 Placement, and fbdura selection 2500 2500 Subtotal $34,00)0) $2150)0) 50,500.0) dad construction budget $190,000 includes signago master plan o I 13000 A 300) Design 1000 Priority 4 Lomr p'. - Walk adT ce AMlcipated construction coat $1,20),000 Civil Geotech and sheetpile design 16500 support Supplemental survey 3500 Structural 6500 Civil- grading, railing, drainage, $00) Permitting updates Civil - bails and playa 10000 CAO 10000 Landscape 55000 Subtotal $119,500,00 TOTAL PHASE 3 $237, .00 $41,000.00 1 12.05% $22500.00 11.80% 12.70% CITY OF IOWA CIT COUNCIL ACTION REPO October 17, 2017 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 Confluence, Inc. to provide consultant services for the Riverfront Crossing Park, Phase 3 Project. Prepared By: Juli Seydell Johnson - Parks & Recreation Director Reviewed By: Ben Clark - Senior Civil Engineer, Sue Dulek - Assistant City Attorney Jason Havel - City Engineer, Ron Knoche - Public Works Director Geoff Fruin - City Manager, Dennis Bockenstedt - Finance Director Fiscal Impact: The amount of this contract is $304,200 and will be funded with GO Bonds. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution, Riverfront Crossings Master Plan Rendering Executive Summary: This agenda item approves a contract with Confluence for design, bidding and construction management services for Phase 3 of Riverfront Crossings Park. Phase 3 includes two restroom/shelter buildings, park electrical and lighting, park signage and design of an Iowa River terrace and riverfront trail area. Background / Analysis: Riverfront Crossings Park, is located at the site of the City's decommissioned North Wastewater Treatment Plant. In an effort to move critical infrastructure facilities out of the floodplain after the major flood event in 2008, the City secured funding through the Iowa Flood Mitigation Program to decommission and demolish the City's North Wastewater Treatment Plant (WVVTP) and convert the area into a new riverfront park. The approximately 25 -acre park site is located on the banks of the Iowa River. The City -owned portion of the site (approximately 17 acres) has been cleared of the wastewater treatment plant in preparation for future park development. The goal of the Riverfront Crossings Park is to transform the riverside area into a new flood resilient park that includes walkable/bikeable connections from urban areas to the river and enhance Ralston Creek to become a community asset. Phase 1 included mass grading of the site, creation of a five -acre wetland, trail system, two crossings of Ralston Creek and a parking lot. Construction began in June 2017 and is expected to be complete in early spring 2018. Phase 2 is the Nature Play Area, which includes a slide, swings, dual zip line, "Explorer Path" tumble mound and creek access. Construction is expected to take place in 2018. r 1 CITY OF IOWA CITY not COUNCIL ACTION REPORT Phase 3 continues to add user amenities to the park: • Two combination restroom/park shelter structures. • Electrical service to the park, including accommodating performances and special events on the open lawn event space. • Park and trail lighting. • Park signage (entrance, directional, interpretive and donor recognition signage) • Design of a River Terrace and additional trails along the Iowa River. Consultant Selection: Twelve landscape architecture and engineering teams submitted formal proposals for consideration of the Park Master Plan and Phase 1 Bidding and Construction. An evaluation committee recommended Confluence for this project after reviewing written proposals and conducting interviews with several of the firms. Phase 2, the Nature Play Area, was included in this contract but separated into a separate phase due to the designation of Federal LWCF funds for the project. Confluence was selected to provide consultant services related to Phase 3 of the park due to their involvement in the previous phases. Staff recommends continuing with Confluence for Phase 3 in order to provide continuity and coordination for the project. The negotiated contract amount for Phase 3 services is $304,200. Project Timeline: Design of Phase 3 will take place this fall in preparation for a spring bid and summer/fall 2018 construction. A r• �� t 17" is MASTER PLAN RIVERFRONT CROSSINGS conFLUEncE IOWA CITY. IOWA MCEM R. MIS I CONSULTANT AGREEMENT THIS AGREEMENT, ade and entered into this day of 2017, by and between the City of Iowa City, a municipal corporation, he City and Confluence, Inc. ba Confluence, hereinafter referred to as the WHEREAS, Consultant deslned Phases 1 and 2 of the Riverfront Section IV to as Park Project; and WHEREAS, the City is read to proceed with the design, nd possibly the bidding and construction, of Phase 3 and desi s to enter into an agreemen ith Consultant for said services. NOW THEREFORE, it is agreed b and between the rties hereto that the City does now contract with the Consultant to provide rvices as set forpi herein. SCOPE OF SERVICES Consultant agrees to perform the following satisfactory manner. A detailed description of packages of sei incorporated herein and divided into two Construction Documents and (b) Biddinj� (a) for the City, and to do so in a timely and 3 is attached as Exhibit A and (a) Preparation of Design and )ort and Construction Phase Services: Consultant shall be responsible r field verifying existing site onditions, including but not limited to topography, pave locations, and utility locations. • Consultant shall be re ponsible for setting forth detail in a requirements for the construction of the P oject which shall comply with all regu tory requirements of the Iowa City Building d Fire Codes, State and federal workp ce, health and safety laws including but not I' ited to OSHA, Controlled Product Stand ds, Americans with Disabilities Act d any other applicable codes/regulations • Consultant sh ensure that the building, shelter, and sign desig s shall complement the design stand ds in the 2017 Iowa City Park Master Plan. • Consultant all provide all necessary design services for the follo 'ng park elements and assoc' ted features: 2 Restroom/Shelter Buildings; Power Cen r; lighting Package; ignage Package; Lower River Walk and Terrace. • Consult nt shall provide up to three (3) preliminary design iterations fo each park eleme for consideration by the City and incorporation into final design d bidding • Co9tultant shall provide 30%, 60% and 90% design review documents (pla s, s cifications and opinion of probable costs) for the City's review. Consultan I ress review comments to the complete satisfaction of the City prior to issui subsequent review documents and/or final plans and specifications. • Consultant shall provide two (2) bidding and construction document packages: o Package 1 to include the following elements and associated features: 2 Restroom/Shelter Buildings; Power Center; Lighting Package; and Signage Package. o Package 2 to include Lower River Walk and Terrace. -2- Section IV (b) Bidding Assistance/Support and Construction Phase Services: The City in 'ts sole discretion will decide whether Consultant shall perform bid the project. Consultant all not proceed to provide bidding services until directed in writing by the City (an email from th Director of Parks and Recreation is sufficient). , • Consults t shall provide these services for two (2) packagess described above. • Consultant all address contractor bidding quest • Consultant sh I attend pre-bid meetings for each I • Consultant shall eview bid submittals for ea/hb's recommendation award to the City. • Consultant shall atte d regular bi. weekly pro duration of the constru do • Consultant shall answer Instructions to Contractor become necessary. • Consultant shall review all documents and provide cc • Consultant shall provide a II. TIME OF COMPLETION The Consultant shall complete shown. A Package 1: Package. and construction document oD s and clarifications via addendum. d package. package and make a meetings for each bid package for the contractor Re uests for Information (RFI's) and issue all TC's) accorglIngly for the duration of the project as they may bmittals for compliance with the contract the contractor accordingly. -d drawings in pdf and AutoCAD formats. following phases of tke Project in accordance with the schedule Buildings; Power CeXter; Lighting Package; and Signage • Up to preliminary design iterations for c nsideration by the City and incorp ration into design and bidding docum is shall be completed by Nove be 8, 2017. • Prep ration of all final design and construction docum is for shall be completed by anuary 2, 2018. • Bi ding assistance/support and construction phase servi s, if requested by the ity, by a date to be agreed. 2: include Lower River Walk and Terrace. A Up to 3 preliminary design iterations for considerationb the City and incorporation into design and bidding documents shall be compl ed by March 31, 2018. • Preparation of all final design and construction documents for shallbe\mplteted by August 31, 2018. • Bidding assistance/support and construction phase services, if requeshe City, by a date to be agreed. Ill. GENERAL TERMS -3 - Section IV A. The Consultant shall not commit any of the following employment practices and �grees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual becluse of their race, color, religion, sex, national origin, disability, age, mantaI status, gender identity, 'or sexual orientation. / 2. To\discriminate against any individual in terMX1 conditions, or privileges of employment because of their race, color, religion, sex, national origin, disOgty, age, marital status, gender identiyj, or sexual orientation. B. Should the City erminate this Agreement, the onsultant shall be paid for all work and services pe fined up to the time of ter ination. However, such sums shall not be greater tha the "lump sum" amo t listed in Section IV. The City may terminate this Agre m t upon seven ) calendar days' written notice to the Consultant. C. This Agreement shall b riding up the successors and assigns of the parties hereto, provided that no a signm t shall be without the written consent of all Parties to said Agreement. D. It is understood and agreedt the retention of the Consultant by the City for the purpose of the Project sha a as an independent contractor and shall be exclusive, but the Consulta s�\the he right to employ such assistance as may be required for the pe rmaProject. E. It is agreed by the City t t all refilespertaining to information needed by the Consultant for the project vailable by said City upon reasonable request to the Consul nt. The s to furnish all reasonable assistance in the use of these reco dsand filesF. It is further agree thatno Partg ement shall perform contrary to any state, federal, or cal law or any ina ces of the City of Iowa City, Iowa. G. At the request f the City, the Consultant shall a end meetings of the City Council relative to th work set forth in this Agreement. ny requests made by the City shall be give with reasonable notice to the Consult\na ure attendance. H. The Con Itant agrees to furnish, upon terminatioAgreement and upon demand y the City, copies of all basic notes and charts, computations, and an other data prepared or obtained by thtant pursuant to this Agree ent without cost, and without restrictions oras to the use relative to sp cific projects covered under this Agreement.ant, the Consultant shal not be liable for the City's use of such documeer rojects. Consultant agrees to furnish all reports, specifications, and dr wings, with the of a professional engineer affixed thereto or such seal as re fired by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner\AXcepting, however, that failure of the Consultant to satisfactorily perform in accor ce 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. -4 - Section IV 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 sh II a allowed to keep mylar reproducible copies for the Consultant's own filing M. Fees`gaid for securing approval of authorities having jurisdiction over the Project will be tkaid by the City. N. Upon sign g this agreement, C/Stion t ack owledged that Section 362.5 of the Iowa Code ohibits a City officeloyee from having an interest in a contract with the City, nd certifies that oyee or officer of the City, which includes members of th City Council anoa s and commissions, has an interest, either direct or in 'rect, in this ag, at does not fall within the exceptions to said statutory prove ion enumeration 362.5. O. The Consultant agree at all timal to this Agreement to have and maintain professional liability suranceing the Consultant's liability for the Consultant's negligent ts, erd omissions to the City in the sum of $1,000,000. P. No modifications to the Sco of Services or other contract terms can be made without the written amendme t igned by both parties. IV. COMPENSATION FOR Preparation of Design and Constructs n Documents r both Package 1 and Package 2: The City shall compensate Consultant a lum sum of $237,200. including reimbursable expenses. Bidding Assistance/Support and onstruction Phase Se \*ces:he City directs Consultant to perform these services, the City hall compensate Consulmp sum of $34,500.00 including reimbursable expens s for Restrooms/Shelter B; Power Center; Lighting Package; and Signage and $ 2,500.00 including reimburspenses for the Lower River Walk and Terrace. V. A. All provoions of the Agreement shall be reconciled il\ accordance with the general accepted standards of the Engineering Profession.\ B. It is rther agreed that there are no other considerations or onies contingent upo or resulting from the execution of this Agreement, tha it is the entire Agr ement, and that no other monies or considerations have been olicited. C. This Agreement shall be interpreted and enforced in accordance with a laws of the State of Iowa. Any legal proceeding instituted with respect to this A reer shall be brought in a court of competent jurisdiction in Johnson County, I wa. The parties hereto hereby submit to personal jurisdiction therein and irrevocabl waive -5 - Section IV objection as to venue therein, including any argument that such proceeding been brought in an inconvenient forum. D. The ie agree that this Agreement maybe amended o provide for Consultant to desi and prepare final bid documents, provide bid ing assistance/support, and constructs n phase services for the artist plaza (insid the traffic circle) and rainwater pi%to outh of the traffic circle) and the rties agree that the anticipated fee for said es including reimbursables willye approximately $190,000 with the actual fea negotiated in good faith who this Agreement is amended. FOR THE CITY \ / FOR THE CONSULTANT James A. Throgmorton Date: Patrick Alvord Principal Approved by: City Attorney's Office (o -I(-tT W Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5436 Resolution No. 17-329 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 PRVN Consultants, Inc. to provide engineering consultant services for the Wastewater Treatment Facility Backup Generation and Electrical Distribution Upgrade Project. Whereas, the City of Iowa City desires to upgrade the existing electrical distribution system and backup generation equipment necessary to meet current and future demands; and Whereas, the proposed project will install a new backup generator and associated switchgear; and Whereas, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the Wastewater Treatment Facility Backup Generation and Electrical Distribution Upgrade Project; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with PRVN Consultants, Inc. to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with PRVN Consultants, Inc. Whereas, funds for this project are available in the Generator Relocation & Emissions Upgrade fund account #V3143; and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. 3. The City Manager is authorized to execute amendments to this contract as they may become necessary. Passed and approved this 17th day of October 12017 Ma or Appr ved by Attes " f e ai City Clerk City Attorney's Office /o /(d /Q Resolution No. _17_929 Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: ABSTAIN: Botehway Cole Dickens Mims Taylor Thomas Throgmorton Consultant Agreement This Agreement, made and entered into this 17th day of October, 2017 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and PRVN Consultants, Inc., of North Liberty, IA, hereinafter referred to as the Consultant. WHEREAS, the City desires the services of a qualified firm to provide Preliminary Design, Final Design, Permitting, Bidding and Construction Services for the Wastewater Treatment Facility Backup Generation and Electrical Distribution Upgrade Project; and WHEREAS, the proposed project will upgrade the existing electrical distribution system and backup generation equipment necessary to meet current and future demands; and WHEREAS, the City issued a request for qualifications (RFQ) to private engineering firms interested in performing the design of this project; and WHEREAS, Submittals were received from consulting firms and evaluated by a selection committee; and WHEREAS, PRVN Consultants, Inc. was selected based on qualifications and project specific criteria such as project approach, regulatory process experience, key personnel, schedule and price; and WHERAS, funds are available in the Generator Relocation & Emissions Upgrade fund. 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. DESIGN SERVICES 1) Data Request Consultant shall request all As -Built Construction Drawings and previous reports and studies from the City regarding the electrical distribution system. 2) Conduct oroiect kickoff meeting Upon notification to proceed, a project kickoff meeting will be scheduled. This should be scheduled for approximately two (2) hours. Key decision -makers and the Project Team should attend to solicit input and get buy -in. The effort will include review of all available information provided during the Data Request, planning/design criteria, concurrent projects at the plant, and critical project issues. Additional agenda items may include the following: • Site elevation and historic flooding maps to analyze layout of equipment and flooding risks. -2- • Project contracting plan. Determine how to procure major equipment; examine membership with National Joint Powers Alliance (NJPA). • Input from wastewater plant staff to identify the operations and maintenance concerns early in the process. • Review of recent plant improvements, status of concurrent projects, and future expansion. • Review of potential acoustic -abatement measures. • Review of Phase 1 plan (i.e. location, arrangement, existing utilities, permitting, acoustics, engine exhaust, ventilation, generator synchronization, electrical interconnection, structural issues, etc.). • Establishment of design criteria. • Review of project schedule and budget At the end of the kickoff meeting, the goal is to have a clear plan for the backup power and auxiliaries needed for this project such that expectations are shared with all parties. Establishment of these parameters and discussion of critical issues will align the project team members. 3) Site Visit PRVN will conduct an initial site visit to "walk down" the proposed site. During the site visit, PRVN will interview Operations and Facilities personnel. Specific tasks include: • Interviewing operating personnel to establish "focus points" of concern. • Gathering field data and drawings. • Completing visual walk down of proposed areas and impacts from concurrent projects. • Documenting site conditions with photographs. The initial site visit will be coordinated to occur immediately following the project kickoff meeting. 4) Data Storaoe Upon completion of the site visit and data collection, PRVN will collate the data into useable packets for analysis and project definitions leading to the completion of the deliverables and project tasks. A OneDrive folder will be established and secure links will be emailed to team members for access. We will store all shared and progress project data in this folder, such as meeting notes, data request, Phase 1 documents, Basis of Design (BOD), design documents, schedule, cost estimate, construction documents, shop drawings, Requests for Information from Contractor, Instructions to Contractor, Change Orders, etc. 5) Preliminary Design The next step in the design process is to prepare a BOD to summarize the project objectives, define the procurement and construction bid packages to be developed, identify existing site conditions, and establish minimum performance requirements, design criteria, and equipment types. The BOD will be documented in a Design Intent Report and will be used as a reference guide throughout the design process. The BOD will be organized to include sections for each of the primary disciplines, as well as a discussion of project budget and schedule. A preliminary BOD will be submitted to the City for review and a meeting will be scheduled to discuss and incorporate comments into the final report. The Design Intent Report generally includes the following -3- • Project Team. • Project Design Statement: This section summarizes the project objectives and identifies the project bidding structure. • General Design Factors: This section describes the site location, existing conditions, design criteria, auxiliaries, permitting, codes covering work, testing requirements for the project, and commissioning plans. • Mechanical Design: This section defines the mechanical design requirements for major mechanical equipment and systems, engine generators, fuel supply, and auxiliaries. Section will include the new switchgear, battery, and MCC room air conditioning and ventilation. This section also provides minimum requirements for materials of construction. • Electrical Design: This section describes the electrical design requirements including plant voltages, general terminal equipment, switchgear, battery systems, cabling, and underground raceways. This section also provides the minimum requirements for materials of construction. • Instrument and Control System Design: This section defines the instrumentation and control system design requirements, such as existing operating philosophies, control strategies, operator interfaces, communication systems, distributed control systems, and field instrumentation. • Structural Design: This section describes the building design requirements, including the BOD, life -safety analysis, materials of construction, special facilities, and building services. • Site Work: This section defines the site work requirements such as surveys, soil borings, plant access, grading, engine generator pad, and retaining wall. • Project Costs and Schedule: This section provides the conceptual project cost estimates and proposed design and construction schedule. • Conceptual drawings including general arrangements and site plan. Following approval of the BOD, the PRVN team will prepare the following documents: • Disinfection Building general arrangement plans. • Backup power site general arrangement plans by floor. • Preliminary mechanical drawings, stack, and fuel oil loading. • Electrical one -line diagrams (15 kV, and 125VDC). • Electrical equipment general arrangement. • Control network diagrams. • Outline specifications. PRVN shall provide a conceptual construction cost estimate based on the preliminary design. PRVN shall provide a Project Schedule with input from the City. The Project Schedule shall anticipate the duration of construction, coordinate work and construction sequencing, and coordinate with concurrent projects. PRVN shall submit preliminary pre -procurement packages, if needed, and preliminary final design phase documents for review by the City. A review meeting will be conducted and comments/modifications incorporated prior to final submission of these documents. -4- 6) Final Design Following City approval of the Preliminary Design, PRVN will provide engineering services for the Final Design. a) Fire Marshall Approval PRVN will prepare the necessary Fire Marshal approval documents for submission to the local authorities. b) Geotechnical Professional Consultant shall retain the services of a geotechnical professional to perform foundation and soil evaluation of the area for the design process, as necessary. Geotechnical recommendations shall be incorporated into the final design. c) Air Permitting Consultant shall assist the City in securing all necessary air emission permits from the Iowa Department of Natural Resources (IDNR). The technical portions of the application shall be completed and submitted to the City for signatures and submittal. d) Arc Flash Hazard Analysis PRVN will provide an Arc Flash Hazard Analysis Report that analyzes potential for incident energy levels resulting from potential arc flash occurrences for the equipment associated with this project. The results of the analysis will be used to develop the basic approach for performing electrical design to reduce arc flash hazard. The design strategies may include reducing the risk of the arc flash occurrences, limiting the incident energy level, and/or using arc flash switchgear for containment and diversion of incident energy. The results of this analysis may also be used to determine the flash potential boundary distance and is the basis for the selection of personal protective equipment (PPE) required for working in various situations. The policies concerning the use and type of PPE are the burden of the Owner. For voltages less than 15kV, IEEE 1584-2002 standard will be used for the assessment. PRVN will prepare the final calculations, reports, and create, supply, and install the arc flash hazard labels on the new equipment. e) Prepare Contract Documents Consultant shall prepare Contract Documents. The PRVN Team will finalize the drawings and details from the Preliminary Construction Document Phase and develop the details, schedules, and sections necessary for a complete construction package encompassing the civil, structural, mechanical, electrical, and controls necessary for the project. Site infrastructure and foundations will also be finalized in this phase as, appropriate. Additional drawings include: • Construction drawings including plans, elevations, and sections, along with details for modifications to the Disinfection Building. • Civil Details and Drawings: Development of a Storm Water Protection Plan for use during construction. • Structural plans, sections, and details, including new generator enclosure foundation, miscellaneous equipment foundations, stack foundation, retaining wall, and Disinfection Building modifications, • Mechanical stack and fuel loading plans, sections, and details. • Mechanical schedules. • Pipe class specifications. • Mechanical heating, ventilation, and air conditioning (HVAC) for Disinfection Building. -5- • Natural gas and process piping modifications in Disinfection Building. • Electrical one -line diagrams, including load flow, short-circuit, protective relay coordination, DC systems, cable sizing, etc. • Electrical site plans. • Electrical plans, including power, lighting, and grounding. • Electrical wiring drawings. • Electrical details. • Electrical schedules. The Contract Documents shall also include technical specifications and front-end documents for all disciplines in the form of a Project Manual. The specifications will be in accordance with the Construction Specification Institute's (CSI) Divisions 01 through 48. The front-end documents will be in accordance with the City's guides and standards. The Project Manual will also include a cable schedule and input/output (1/0) list along with a control system description. f) Cost Estimate PRVN shall provide a final construction cost estimate. g) Project Schedule The PRVN team shall update the Project Schedule with input from the City and in coordination with other concurrent projects. h) Final Construction Document Review The PRVN team will submit the Construction Documents to the City for review. Review meeting(s) will be conducted and comments/modifications incorporated prior to submission of these documents for bid to contractors. B. BIDDING AND CONSTRUCTION SERVICES 1) Bidding Services The PRVN team will attend a pre-bid meeting, responding to technical questions from bidders, preparing addenda, as required, attending bid opening, reviewing bids for completeness and conformance to the bidding documents, and issuing a letter of recommendation. 2) Construction Services PRVN shall provide the following engineering services during construction: • Review of shop drawing submittals and Operation and Maintenance (O&M) Manuals requested by the specifications and submitted by the Contractor. • Response to Requests for Information (RFI) from the Contractor. • Issue Instructions to Contractor (ITC), as needed. • Construction observations and progress meetings (monthly). • Record documents. • Provide a punch list detailing the work not in compliance with the bidding documents. • Review major equipment supplier's close-out documents for compliance with specifications. • Issue final completion certificates. Construction observation services will be completed to observe whether the work is being completed in accordance with the design documents. A report detailing the construction progress, concerns, and work not in compliance with the bidding documents will be issued for each site observation. WE PRVN shall update the design drawings and specifications to reflect the Contractor's red -line, as -built documents. In addition, we will review the O&M Manuals to confirm all equipment is included and shop drawing comments and/or construction modifications are incorporated. II. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Kickoff Meeting: November 14, 2017 BOD/DIR: December 22, 2017 Final Design: March 23, 2018 Construction Documents: April 16, 2018 Bidding: April 16, 2018 thru May 15, 2018 Construction: June 1, 2018 thru December 21, 2018 III. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that 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. -7- H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The 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 reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. Compensation for Services Consultant shall perform the Scope of Services for an hourly not -to -exceed fee of $205,275.00 including expenses. The fee is based on the following breakdown by scope task: 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. C. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the City For the Consultant WWTP Backup Generation and Electrical Distribution Upgrade PRVN SHPE NV5 Terracon Task PM PE EE ME DESIGNE R ADMI N CE SE DESIGNE R ENV Meetings Kickoff/Site Visit 4 4 3 6 1 3 3 city 40 40 60 60 8 12 24 Team 20 20 20 20 12 24 EIREC 4 4 4 Engine Procurement Spec 16 8 4 8 8 Switchgear Procurement Spec 8 16 16 4 Air Modeling and Permiting 2 2 4 22 Data Request 1 1 0.5 0.5 0.5 0.5 0.5 BOD 8 1 8 24 24 1 4 6 6 Preliminary Design 16 24 50 50 100 8 21 40 34 Final Design 50 50 100 80 200 60 81.5 50 Bidding 8 4 Construction 40 40 40 40 25 25 Startup 60 20 Record Documents 20 16 Total Hours Total Fee, Expenses Included 217 $30,380 281 $39,340 341.5 $29,028 292.5 $24,863 320 $22,400 33.5 $2,513 139.5 $16,623 204 $22,440 100 $8,000 22 $3,190 $6,500 1951 $205,275 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. C. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the City For the Consultant By: zgz—� Title: Mayor Date: October 17, 2017 Att By: Title: President Date: October 10, 2017. Approved by: City Attorney's Office A'f/s/,-7 Date CITY OF IOWA CI COUNCIL ACTION REPOItE October 17, 2017 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 PRVN Consultants, Inc. to provide engineering consultant services for the Wastewater Treatment Facility Backup Generation and Electrical Distribution Upgrade Project Prepared By: Ben Clark — Sr. Civil Engineer Reviewed By: Tim Wilkey— Wastewater Superintendent Jason Havel — City Engineer, Ron Knoche — Public Works Director Geoff Fruin — City Manager Fiscal Impact: $205,275 available in the Generator Relocation & Emissions Upgrade fund account #V3143. Recommendations: Staff: Approval Commission: N/A Attachments: Consultant Agreement, Resolution Executive Summary: This agenda item will approve a contract with PRVN Consultants for design, permitting, bidding and construction phase services for the Wastewater Treatment Facility Backup Generation and Electrical Distribution Upgrade Project. The project will upgrade the existing electrical distribution system and backup generation equipment necessary to meet current and future demands. Background / Analysis: The City has recently consolidated its two wastewater treatment facilities by expanding the South Wastewater Treatment Plant and closing the North Wastewater Treatment Plant. Upgrades and protection of the electrical distribution system at the South Plant were not included during the expansion project due to budget considerations. A recent evaluation of the electrical system has been completed now that the consolidation project is complete and actual power demands are being realized. This project will incorporate the evaluation recommendations. Included in the project will be a new backup generator and synchronizing switchgear. All equipment will be flood -proofed with resiliency in mind. The distribution system will be designed to accommodate future alternative energy sources. Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5436 Resolution no. 17-330 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the City of Iowa City Belt Filter Press Project Whereas, Woodruff Construction, Inc. of Tiffin, IA has submitted the lowest responsible bid of $1,709,500 for construction of the above-named project; and Whereas, the bid includes the base bid and Alternates #1 and #3; and Whereas, funds for this project are available in the Sludge Biosolid Dewatering Equipment Replacement account #V3141 Whereas, The City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above-named project. 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 #3 is hereby awarded to Woodruff Construction, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign the contract for construction of the above-named project and the Contractor's Bond, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 17th day of October ` _,2017 L, Maygr /J Approvedby Attest �f 5r fdz Cify Clerk City Attorney's Office rC/�7/�7 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway X Cole X Dickens X Mims X Taylor X Thomas Throgmorton NOTICE TO BIDDERS CITYOF IOWA CITY BELT FILTER PRESS REPLACEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 10th day of October, 2017. Sealed proposals will be opened immediately thereafter. 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 17th day of October, 2017, or at special meeting called for that purpose. A prebid conference will be held at 10:00 a.m. on September 28, 2017 at the Wastewater Treatment Plant, 4366 Napoleon Street SE, Iowa City, Iowa. Representatives of Owner and Engineer will be present to discuss the Project. Bidders' tour of the treatment plant facilities being modified will immediately follow conclusion of pre-bid meeting (approximately 11:00 a.m). The Project will involve the following: General construction at the City of Iowa Wastewater Treatment Plant, 4366 Napoleon Street SE, Iowa City, IA. Work will include demolition of three existing belt filter presses, procurement and installation of three new belt filter presses with associated modifications of floor slab, mechanical piping and electrical systems, conversion of two window sets to coil doors, replacement of three belt filter press feed pumps and associated piping, replacement of four polymer pumps; replacement of HVAC exhaust fans; and control system modifications and integration. All work is to be done in strict compliance with the plans and specifications prepared by Stanley Consultants, Inc, of Muscatine, 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 submitted in a sealed envelope. In addition, a separate sealed envelope shall be submitted containing a completed Bidder Status Form and a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 5% 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. The City shall retain the bid security furnished by the successful bidder until the approved contract form has been executed, a bond has been filed by the bidder guaranteeing the performance of the contract, and the contract and bond have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a bond in an amount equal to one hun- dred 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: Milestone 1 Date: January 12th, 2018 Substantial Completion Date: May 1St, 2018 Specified Completion Date: May 31, 2018 Specified Start Date: November 2, 2017 Liquidated Damages: $500 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Printed copies of said plans and specifications and form of proposal blanks may be secured at the Office of the City Engineer, City Hall, 410 E. Washington Street, Iowa City, Iowa, by bona fide bidders. A $65 fee is required for each set of printed half-size 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 the Treasurer of City of Iowa City, Iowa. The fee is refundable if returned within 14 days of award of the project by City Council in re -usable condition. Electronic Bidding Documents consisting of portable document format (PDF) files of Project Manual and Drawings on compact disc may be obtained from Ms. Mandy Hoag, Stanley Consultants, Inc. Muscatine, Iowa, telephone 563-264-6657 via Engineer's file transfer service and includes entry on planholders list. Bidding Documents also may be examined at regional plan rooms and their Internet - based construction information subscription services. 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 Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. 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. Posted upon order of the City Council of Iowa City, Iowa. KELLIE FRUEHLING, CITY CLERK ® CITY OF IOWA C I„�� COUNCIL ACTION REP O,o October 17. 2017 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the City of Iowa City Belt Filter Press Project. Prepared By: Ben Clark — Senior Civil Engineer Reviewed By: Tim Wilkey — Wastewater Superintendent Jason Havel — City Engineer, Ron Knoche — Public Works Director Geoff Fruin — City Manager Fiscal Impact: $1,709,500 available in the Sludge Biosolid Dewatering Equipment Replacement account #V3141 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: Plans, Specifications, Form of Agreement and Estimate of cost for the City of Iowa City Belt Filter Press Replacement Project were approved at the September 19th, 2017 City Council meeting. Four (4) bids were submitted prior to the October 10th, 2017 deadline as follows: Background / Analysis: Staff recommends awarding the contract for the project, including the base bid with bid alternates #1 and #3, to Woodruff Construction, LLC, of Fort Dodge, Iowa for a total of $1,709,500. The project is expected to be complete by June, 2018 The Wastewater Treatment Facility currently operates three belt filter presses as part of the sludge biosolid dewatering process. These were installed in 1989 and are original to the plant. All three have exceeded their useful life and are in need of replacement. In order to select the replacement equipment best suited for the City's current treatment process, a request for proposals was issued through the Purchasing Department. Three (3) qualified manufactures were invited to pilot test their equipment for consideration. The evaluation and selection criteria included consideration of capital cost, present worth costs of polymer use and plant staff operational experience ratings. The selected equipment will be purchased and installed as part of this construction project. In addition to the new belt filter presses, upgrades to original equipment will include site piping, air handling equipment, and ancillary equipment (grinders, mixers, feed pumps, flocculation tanks, etc). Bid alternates include additional driveway paving and upgrading the coil doors to stainless steel. All of the upgrades and alternates will improve the efficiency and longevity of the equipment. Base Bid Alt #1 Alt #3 Woodruff Const. Tiffin, IA $ 1,698,500.00 $ 6,000.00 $ 5,000.00 WRH, Inc. Amana, IA $ 1,735,200.00 $ 9,000.00 $ 7,000.00 Tricon General Dubuque, IA $ 1,766,000.00 $ 6,000.00 $ 6,000.00 Portzen Const. Dubuque, IA $ 1,849,000.00 $ 5,900.00 $ 5,500.00 Engineer's Estimate $ 1,790,000.00 Background / Analysis: Staff recommends awarding the contract for the project, including the base bid with bid alternates #1 and #3, to Woodruff Construction, LLC, of Fort Dodge, Iowa for a total of $1,709,500. The project is expected to be complete by June, 2018 The Wastewater Treatment Facility currently operates three belt filter presses as part of the sludge biosolid dewatering process. These were installed in 1989 and are original to the plant. All three have exceeded their useful life and are in need of replacement. In order to select the replacement equipment best suited for the City's current treatment process, a request for proposals was issued through the Purchasing Department. Three (3) qualified manufactures were invited to pilot test their equipment for consideration. The evaluation and selection criteria included consideration of capital cost, present worth costs of polymer use and plant staff operational experience ratings. The selected equipment will be purchased and installed as part of this construction project. In addition to the new belt filter presses, upgrades to original equipment will include site piping, air handling equipment, and ancillary equipment (grinders, mixers, feed pumps, flocculation tanks, etc). Bid alternates include additional driveway paving and upgrading the coil doors to stainless steel. All of the upgrades and alternates will improve the efficiency and longevity of the equipment. 19, Prepared by: Tracy Hightshoe, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 Resolution No. 17-331 Resolution in support of the Dubuque & Prentiss Investments, LC Application for Workforce Housing Tax Incentives Program from the Iowa Economic Development Authority to construct residential housing at 225 E. Prentiss Street and committing local funds to the project. Whereas, Dubuque & Prentiss Investments, LC intends to apply for Workforce Housing Tax Incentives from the Iowa Economic Development Authority to assist financing the construction of residential housing at 225 E. Prentiss Street; and Whereas, as part of the application, the developer requires a resolution by the City supporting the application and committing local funds; and Whereas, timing is critical as the Iowa Economic Development Authority is accepting applications on a continuous basis and reviews applications in the order received; and Whereas, it is in the best interest of the City to support this residential housing project Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City supports the Dubuque & Prentiss Investments, LC application for Workforce Housing Tax incentives as outlined in its October 2, 2017 request. 2. The application will include a request for Workforce Housing Tax Incentives for up to 60 dwelling units in the total development. 3. The City commits to providing a local match equal to at least $1,000 per dwelling unit, and shall enter an agreement with the applicant for such funds. 4. The City Manager is authorized to sign said agreement. Passed and approved this 17th day of October 2017, - -, � 1'/" �4! (- -, M OR /) Approved b ATTEST: �PzLc..e Vf � CITY CLERK City Attorney's Office Resolution No. Page 2 It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 1 r � _r p7 ma's CITY OF IOWA C I10=17-17 COUNCIL ACTION REPO 12 October 17, 2017 Resolution in support of the Dubuque & Prentiss Investments, LC Application for Workforce Housing Tax Incentives Program from the Iowa Economic Development Authority to construct residential housing at 225 E. Prentiss Street and committing local funds to the project. Prepared By: Tracy Hightshoe, Interim Neighborhood Services Director Reviewed By: John Yapp, Development Services Coordinator Geoff Fruin, City Manager Fiscal Impact: Up to $60,000 Recommendations: Staff: Approval Commission: N/A Attachments: Letter of request from Kevin Digmann, Dubuque & Prentiss Investments, LC Preliminary Concept Plan Resolution Executive Summary: This resolution of supportwould commit the required minimum project match of $1,000 per unit, or up to $60,000, to enable the Developer's application to be considered for Workforce Housing Tax Credits at the Iowa Economic Development Authority (IEDA). The project is well suited for the Riverfront Crossings District, provides needed housing supply and will help support nearby neighborhood businesses. By supporting the tax credit application, the City will be allowing the Developer to leverage significant state resources that will otherwise go to projects outside of our community. Background / Analysis: The Iowa Economic Development Authority (IEDA) provides financial incentives under the Workforce Housing Tax Credit program to assist the development of housing projects that are targeted at middle-income households and that focus on the redevelopment or repurposing of existing structures. Housing developers are eligible to receive a refund of state sales, service or use taxes paid during construction and an investment tax credit up to a maximum of 10% of the investment directly related to the construction or rehabilitation of housing. There are no rental restrictions or income limitations for the assisted dwelling units, but the average dwelling unit cost may not exceed $200,000 for new construction. To be eligible for the program the applicant must obtain a resolution of support from the City Council and the City must provide at least a $1,000 per dwelling unit match. The applicant requests that all units be considered for the program, which would consist of up to 60 one and two bedroom units and thus would require up to $60,000 for this application. Matching funds can be in the form of cash or local property tax exemption, rebate, refund or reimbursement. To date, the City has approved eleven other requests, representing 771 new units, for resolutions of support and local matching funds for this IEDA program. r CITY OF IOWA CITY -r �� COUNCIL ACTION REPORT Kevin Digmann, of Dubuque & Prentiss Investments, LC is the developer of record for the project to be located at 225 E. Prentiss Street. The location is in the Riverfront Crossings' Central Crossings District. The development will consist of up to 60 one and two-bedroom units of between 675 and 1,000 square feet. The developer anticipates that the location will appeal to downtown employees and students. Recommendation: The applicant requests a resolution of support and documentation of project match so that he can file an application immediately. IEDA is accepting applications on a continuous first come, first served basis. Riverfront Crossings zoning for the property will comply with the Riverfront Crossing Master Plan/Comprehensive Plan. The site is currently zoned Intensive Commercial (CI -1), but the Developer plans to apply for rezoning to Riverfront Crossing — Central Crossing (RFC -CX). The rezoning must be approved before the project may proceed. The preliminary concept plan is attached for your review. The proposed project must be reviewed for floodplain and sensitive areas requirements, be evaluated by the Design Review Committee for form -based code, height and design requirements, as well as go through our normal site plan process. City Council's approval of the resolution of support for the Workforce Housing Tax Credit project and the commitment of the required local match does not imply support for any future legislative approvals (if needed). Staff recommends approval of a resolution of support and committing the required minimum project match of up to $60,000 in order for the application to be considered for Workforce Housing Tax Credits. We feel the project aligns well with the Riverfront Crossings Master Plan, provides needed housing supply and will help support the nearby commercial district. By supporting the tax credit application, the City will be allowing the developer to leverage significant state resources that could otherwise go to projects outside of our community. If the City Council approves this request, the application to IEDA will be the responsibility of the applicant, Kevin Digmann, who will also be present at the Council meeting for any questions. October 2, 2017 Tracy Hightshoe City of Iowa City 410 Washington Street Iowa City, IA 52240 RE: Request for a supporting resolution for Workforce Housing Tax Credit at 225 E Prentiss St PROJECT- 60 unit residential building Dear Tracy, The property at 225 and 225 1/2 E Prentiss Street was formerly occupied by Plumb Supply. It is a large warehouse building with approximately 20,000 of storage and 5,000 of showroom and office area. The property is currently zoned Intensive Commercial (CI -1). The property will be rezoned to Riverfront Crossing—Central Crossing (RFC -CX). We plan on replacing the building with approximately 60 residential units. The units will be a mix of 1 and 2 bedroom units that range from 675 up to 1,000 square feet. The building will follow the River Crossings District form based code requirement. All of the units will meet the guidelines for the State of Iowa Workforce Housing Tax Credit program and Dubuque and Prentiss Investments wishes to apply for this tax credit. Our target market for these units is downtown area workers and students looking for workforce housing close to downtown. The building design will incorporates 3 walk up units on Prentiss Street and will provide the tenants with lots of outdoor living space on the east side of the building due to the set back from Ralston Creek. The design of the building will be consistent with the projects at 602 and 620 Dubuque St. There also will be one level of above ground parking. Sincerely, Dubuque & Prentiss Investments, LC Kevin Digmann