HomeMy WebLinkAbout2018-07-03 ResolutionPrepared by: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
Resolution Number:. 18-185
Resolution to Issue Cigarette Permits
WHEREAS, the following firms and persons have made an application and paid the taxes
required by law for the sale of cigarettes, tobacco, nicotine and vapor products.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue
a permit to the following named persons and firms to sell cigarettes, tobacco, nicotine and
vapor products:
Up in smoke Iowacity - 208 N. Linn St.
Passed and approved this 3rd day of July Z018
M YOR
pproved by
ATTEST:4CICLERK
City Attorney's Office
It was moved by Mims and seconded by Thomas
Resolution be adopted, and upon roll call there were:
AYES:
X
x
X
NAYS:
ABSENT:
Botchway
Cole
Mims
x Salih
Taylor
Thomas
Throgmorton
07-03-18
2c(36)
Prepared by: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 18-186
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing
Permit as provided by law is hereby granted to the following named person and at the
following described locations upon his/her filing an application, having endorsed thereon
the certificates of the proper city officials as to having complied with all regulations and
ordinances, having a valid beer, liquor, or wine license/permit, to wit:
FRATERNAL ORDER OF EAGLES, IOWA CITY AERIE 11695 — 225 HWY 1 W
IOWA CITY FALL FUN FESTIVAL, INC., — 2140 ROCHESTER AVE.
Passed and approved this 3rd day of July 2018
MKY3
OR
pproved by
ATTEST
C CLERK City Attorney's Office
It was moved by Aims and seconded by Thomas
Resolution be adopted, and upon roll call there were:
AYES:
x
x
_x
NAYS:
ABSENT:
_ Botchway
Cole
_ Mims
x Salih
_ Taylor
_ Thomas
Throgmorton
07-03-18
2C(37)
Prepared by: Joe Welter, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144
Resolution No. 18-187
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
Landfill Dual Extraction System Construction Project.
Whereas, Tri Con Works, LLC of Houston, Texas, has submitted the lowest responsible bid of
$492,419.20 for construction of the above-named project; and
Whereas, funds for this project are available in the Landfill Leachate Pumping System Account #
L3330;and
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 is hereby awarded to Tri Con
Works, LLC, subject to the condition that awardee secure adequate performance and
payment bond, insurance certificates, and contract compliance program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 3rd day of .Tule 2018
,J Ma or
Attest' --
C Q YJ
City Clerk
Approved �by / /" ,
Rtic� r- JA21n I,,zr, gy,i x
City Attorney's Office �/,— S//d–
It was moved by Mims and seconded by Thomas
adopted, and upon roll call there were:
the Resolution be
Ayes:
Nays: Absent:
X
Botchway
X
Cole
X
Mims
X Salih
X
Taylor
X
Thomas
X
Throgmorton
CITY O F IOWA C IT 07-03-18
COUNCIL ACTION REPO 2d(3,
July 3, 2018
Resolution awarding contract and authorizing the Mayor to sign and the
City Clerk to attest a contract for construction of the Iowa City Landfill and
Recycling Center Dual Extraction System Construction Project.
Prepared By:
Joe Welter — Senior Civil Engineer
Reviewed By:
Jen Jordan — Resource Management Superintendent
Houston, TX
Jason Havel — City Engineer
Connolly Construction
Ron Knoche — Public Works Director
$506,405.20
Geoff Fruin — City Manager
Fiscal Impact:
$492,419.20, available in the Landfill Leachate Pumping System
Account #L3330
Recommendations:
Staff: Approval
Commission: N/A
Attachments:
Resolution
Executive Summary:
In order to improve landfill gas extraction and limit the potential effects of landfill gas, a dual
extraction system for thirteen of the landfill's vertical gas wells was designed by Barker Lemar
Engineering Consultants. Plans, Specifications, Form of Agreement, and Estimate of Cost for
the Iowa City Landfill and Recycling Center Dual Extraction System Construction Project were
approved at the May 29, 2018 Council Meeting. The engineer's estimated costs for
construction of the proposed system is $450,000. Three (3) bids were submitted prior to the
June 26. 2018 deadline:
Bidder Name
city
Base Bid
Tri Con Works
Houston, TX
$492,419.20
Connolly Construction
Peosta, IA
$506,405.20
SCS Field Services
Reston, VA
$546,503.00
Tri Con Works of Houston, Texas submitted the lowest responsible bid of $492,419.20 for the
base bid items. Staff recommends awarding the contract for the Iowa City Landfill and
Recycling Center Dual Extraction System Construction Project to Tri Con Works.
Background / Analysis:
The landfill has an active gas collection system that has been installed and expanded over time;
the most recent expansion occurred Summer 2016. During the course of operation, many of
the vertical gas extraction wells have become overwhelmed with liquid. As a conclusion of a
Gas Collection System Audit, requested by the U.S. Environmental Protection Agency (EPA)
as part of the Consent Agreement Final Order (2015), it was identified that the City should
implement a dewatering system to remove liquid from wells where landfill gases are hindered
due to limited screen exposure. As such, it is recommended to dewater selected landfill gas.
X ' CITY OF IOWA CITY
COUNCIL ACTION REPORT
wells, which involves pumping out the accumulated liquid from these wells and discharging it
for treatment at the wastewater treatment facility. Exposing additional perforated pipe within a
well improves landfill gas extraction and limits the potential effects of landfill gas, leachate
migration, and can have a positive impact on groundwater in the vicinity of the unlined areas of
the landfill, as extraction of leachate acts as a form of leachate source control. In order to meet
these operating objectives, Barker Lemar designed the proposed dual extraction system.
NOTICE TO BIDDERS
IOWA CITY LANDFILL AND RECYCLING CENTER
DUAL EXTRACTION SYSTEM CONSTRUCTION
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00
P.M. on the 26th day of June, 2018. 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 31 day of July, 2018, or at special meeting called for that purpose.
The Project will involve the following: at the Iowa City Landfill and Recycling Center located
at 3900 Hebi Avenue Southwest in Iowa City, including; purchase and installation of a rotary
screw air compressor; purchase and installation of pneumatic pumps; purchase and installation
of High Density Polyethylene (HDPE) piping for air and leachate distribution; construction of a
lift station including HDPE manhole and pump; seeding, mulching, and fertilizing; construction
staking, and other miscellaneous work, including connecting the
newly installed infrastructure to existing infrastructure.
All work is to be done in strict compliance with the plans and specifications prepared by
Barker Lamar Engineering Consultants, of West Des Moines, 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 10% of the bid. The bid security shall be
made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited
to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten
(10) calendar days of the City Council's award of the contract and post bond satisfactory to the
City ensuring the faithful performance of the contract and maintenance of said Project, if
required, pursuant to the provisions of this notice and the other contract documents. 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 hundred
percent (100%) of the contract price, said bond to be issued by a responsible surety
approved by the City, and shall guarantee the prompt payment of all materials and labor,
and also protect and save harmless the City from all claims and damages of any kind caused
directly or indirectly by the operation of the contract, and shall also guarantee the
maintenance of the improvement for a period of two (2) year(s) from and after its completion
and formal acceptance by the City Council.
AF -1
The following limitations shall apply to this Project:
Working Days: 24
Specified Start Date: No Later than September 4, 2018
Specified Completion Date: October 31, 2018
Liquidated Damages: $1,250 per day beyond the October 31, 2018 completion date
The plans, specifications and proposed contract documents may be examined at the office
of the City Clerk. Copies of said plans and specifications and form of proposal blanks may
be secured at the Office of Technigraphics, a division of Rapids Reproductions located at
415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: (319) 354-5950, Fax: (319) 354-
8973, Toll -Free: (800) 779-0093, by bidders.
A pre-bid meeting will be held at 10:00 AM on Wednesday, June 13, 2018 at the Iowa City
Landfill and Recycling Center office, 3900 Heb] Avenue SW, Iowa City. Attendance at the
pre-bid conference is encouraged but not required.
A $75.00 fee is required for each set of the Project Manual and Drawings provided to bidders
or other interested persons. The fee shall be in the form of a check, made payable to the City
of Iowa City. The fee is refundable if returned within 14 days of award of the project by City
Council in re -usable condition.
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.
Bidders shall list on the Form of Proposal the names of persons, firms, companies or other
parties with whom the bidder intends to subcontract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall submit a list on the Form of Agreement of the
proposed subcontractors, together with quantities, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must be given to products and provisions grown and
coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully
required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to
this Project.
The City reserves the right to reject any or all proposals, and also reserves the right to waive
technicalities and irregularities.
Posted upon order of the City Council of Iowa City, Iowa
KELLIE FRUEHLING, CITY CLERK
AF -2
Prepared by. Joe Welter, Senior Civil Engineer, 410 East Washington Street, Iowa City, Iowa 52240; (319) 356-5144
Resolution No. 18-188
Resolution approving, authorizing, and directing the Mayor to
execute and the City Clerk to attest Amendment No. 4 to the
November 12, 2013, Agreement by and between the City of Iowa
City and Barker Lemar Engineering Consultants to provide
consultant services for the proposed dual extraction system at the
Iowa City Landfill and Recycling Center.
Whereas, the City of Iowa City and Barker Lemar Engineering Consultants entered into a consultant
agreement (Agreement) on November 12, 2013, whereby the City secured the services of the
consultant to perform permitting, monitoring and reporting services for the Iowa City Landfill and
Recycling Center; and
Whereas, the Agreement was intended to cover consultant's services as generally defined above
for a defined period of three (3) calendar years, to include 2014, 2015, and 2016, and;
Whereas, the Agreement was renewed on December 28, 2016 to cover consultant's services as
generally defined above for an additional defined period of three (3) calendar years, to include 2017,
2018, and 2019; and
Whereas, the City had previously amended the scope of services in said Agreement to add
additional services required under the Iowa Administrative Code Section 567 Chapter 113 and
under Title V of the 1990 Federal Clean Air Act Amendments on June 3, 2014 (Amendment No. 1),
and
Whereas, the City had also previously amended the scope of services in said Agreement to add
additional services related to the Landfill Gas Wellfield including Design, Construction, and Training
Services, on December 23, 2015 (Amendment No. 2); and
Whereas, the City had also previously amended the scope of services in said Agreement to add
additional services related to additional compliance items that required consulting and engineering
services on August 15, 2017, (Amendment No. 3); and
Whereas, the City desires to amend the scope of services to include additional services to assist
with construction services for the upcoming dual extraction system construction project, including
bid letting assistance, construction administration, construction oversight and construction quality
assurance reporting as required by the Iowa Department of Natural Resources.
Whereas, Amendment No. 4 to the November 12, 2013 Agreement for professional engineering
services has been negotiated with and executed by Barker Lemar Engineering Consultants of West
Des Moines, Iowa, and;
Whereas, it is in the public interest to enter into said Amendment to the Consultant Agreement with
Barker Lemar Engineering Consultants, and;
Whereas, funds for this project are available in the Landfill Fund and tracked by Account #L3330,
Landfill Leachate Pumping System, and
Resolution No. 18-188
Page 2
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
Amendment No. 4 to the November 12, 2015 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
Amendment No. 4.
Passed and approved this 3rd day of July 2018
4�a Z. �
-MaAr
Attest, e 9/
City Clerk tyU
It was moved by Mims and seconded by
adopted, and upon roll call there were:
Ap roved by
7 1 -y1L,
City Attorney's Office j 9-/ 7
Thomas
the Resolution be
Ayes:
Nays: Absent:
X
Botchway
X
Cole
X
Mims
X Salih
X
Taylor
Thomas
X
Throgmorton
AMENDMENT NOA TO
CONSULTANT AGREEMENT
THIS AGREEMENT, as entered into this the 3rdday of July , 2018, is an AMENDMENT to
the CONSULTANT AGREEMENT dated November 12, 2013 and renewed on December 28, 2016 between
the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY, and Barker Lemar
Engineering Consultants of West Des Moines, Iowa, hereinafter referred to as the CONSULTANT.
WHEREAS, the City of Iowa City and Barker Lemar Engineering Consultants entered into a CONSULTANT
AGREEMENT (AGREEMENT) on November 12, 2013, as a result of a competitive RFP process, whereby
the CITY secured the services of the CONSULTANT to perform (a) Annual Landfill Volumetrics, (b) Annual
Landfill Site Topographic Survey with Site Map Datum Conversion, (c) Annual Water Quality Report
(AWQR), (d) Leachate Control System Performance Evaluation Report (LCSPER), (e) Methane Monitoring
Report (MMR), (f) Title V Air Emissions Report and Permitting, (g) Hourly General Engineering Consulting,
(h) Greenhouse Gas Reporting, and (i) Semi -Annual Water Quality Notification for the subject facility, and;
WHEREAS, the AGREEMENT was intended to cover CONSULTANT'S services as generally defined
above for a defined period of three (3) calendar years, to include 2014, 2015, and 2016, and,
WHEREAS, the AGREEMENT was renewed on December 28, 2016 to cover CONSULTANT'S services
as generally defined above for an additional defined period of three (3) calendar years, to include 2017,
2018, and 2019, and;
WHEREAS, the CITY had previously amended the scope of services in said AGREEMENT to add additional
services required under the Iowa Administrative Code Section 567 Chapter 113 and
under Title V of the 1990 Federal Clean Air Act Amendments on June 3, 2014 (Amendment No. 1), and,
WHEREAS, the CITY had also previously amended the scope of services in said AGREEMENT to add
additional services related to the Landfill Gas Wellfield including Design, Construction, and Training
Services, on December 23, 2015 (Amendment No. 2), and,
WHEREAS, the CITY had also previously amended the scope of services in said AGREEMENT to add
additional services related to additional compliance items that required consulting and engineering services,
including additional figures, maps, statistics and reporting requirements as requested by the Iowa
Department of Natural Resources (DNR), preparation of financial assurance documents, and additional
general engineering and regulatory assistance an August 15, 2017,(Amendment No. 3), and,
WHEREAS, the CITY desires to amend the scope of services to include additional services to assist with
construction services for the upcoming dual extraction system construction project, including bid letting
assistance, construction administration, construction oversight and construction quality assurance reporting
as required by the Iowa Department of Natural Resources.
NOW THEREFORE, it is agreed by and between the parties hereto that the AGREEMENT is hereby
amended as follows:
I. SCOPE OF SERVICES
The CONSULTANT agrees to perform the following additional services for the CITY, and to do so
in a timely and satisfactory manner.
A. Dual Extraction System Construction Services
1. Bid Letting Assistance
Consultant will assist with Bid Letting on an as needed basis. This will include preparation
of bid advertisements (to be distributed by City Staff), providing electronic bid documents
for production and distribution by the City, Pre-bid meeting attendance and minutes,
preparation of addendums as needed, answering questions from prospective contractors
Page'2
during the letting period, bid tabulation and finally a recommendation of award.
2. Construction Administration
Consultant will perform services during throughout the construction project which will
included attending the pre -construction meeting, review of shop drawings and submittals,
review and issuance of contractor pay applications, preparation of work or change orders
if required, providing technical clarification to observation staff, contractor and the City,
attend construction progress meetings and final walkover, assist with project closeout, and
review as -built documentation.
3. Construction Oversight and Quality Assurance
Consultant will provide a Resident Project Representative (RPR) on site to provide
construction observation and documentation and quality control and assurance per the
Project Manual and Drawings and the QC&A Program. This task will be invoiced at a per
day rate. For the purposes of this proposal, the fees for this task are based on 24 days (6
days per week for 4 weeks). Invoicing will be based on the actual number of days the RPR
is on-site.
4. Construction Observation Report
Consultant will prepare and submit a construction observation report to the DNR following
construction of the Project in general accordance with IAC 567 Chapter 113.
TIME OF COMPLETION
The estimated time of completion for the additional services described herein is as follows.
Project Description
"Estimated Time of
.•ompletion
Dual Extraction System Construction Services
Bid Letting Assistance
6/1/2018 - 711/201 8
Construction Administration
7/15/2018 - 9/30/2018
Construction Oversight
7/15/2018 - 9/30/2018
Construction Observation Report
10/1/2018 -10/3112018
III. COMPENSATION FOR SERVICES
The compensation for the additional services described herein is as follows.
Project Description
Not to Exceed Amount
Dual Extraction System Construction Services
Bid Letting Assistance
$5,250
Construction Administration
$5,500
Construction Oversight
$29,700
Construction Observation Report
$4,500
Total
$44,850
IV. MISCELLANEOUS
A. All other terms and conditions of the AGREEMENT, as amended, not amended herein shall
remain in full force and effect.
B. It is further agreed that there are no other considerations or monies contingent upon or
resulting from the execution of this AMENDMENT NO. 4, that this is the entire
AMENDMENT NO. 4 to the original AGREEMENT, and that no other monies or
considerations have been solicited.
Page 3
FOR THE CITY / 2
By: fi ,
Title* _Mayor
Date: 07
FOR THE CONSULTANT
THIe: CEO
Date: 17 g
ATTEST: "! ; . GL-'p'I
Appraved �.�•:.,,,a,Qc
City Attomey's office
ui r p CITY OF 1 O WA CIT U7-03-98
COUNCIL ACTION REPO 2d(4)
July 3, 2018
Resolution approving, authorizing, and directing the Mayor to execute and
the City Clerk to attest Amendment No. 4 to the November 12, 2013,
Agreement by and between the City of Iowa City and Barker Lemar
Engineering Consultants to provide additional consultant services for the
proposed dual extraction system at the Iowa City Landfill and Recycling
Center.
Prepared By:
Joe Welter— Senior Civil Engineer
Reviewed By:
Jen Jordan — Resource Management Superintendent
Jason Havel — City Engineer
Ron Knoche — Public Works Director
Geoff Fruin — City Manager
Fiscal Impact:
$44,950 available in the Landfill Leachate Pumping System Fund
#L3330
Recommendations:
Staff: Approval
Commission: N/A
Attachments:
Resolution
Amendment No. 4 to Agreement
Executive Summary:
In order to improve landfill gas extraction and limit the potential effects of landfill gas, a dual
extraction system for thirteen of the landfill's vertical gas wells was designed and bid. Barker
Lemar designed this system. Amendment No. 4 to the Consultant Agreement
adds construction phase services for the dual extraction system.
Background / Analysis:
The landfill has an active gas collection system that has been installed and expanded overtime;
the most recent expansion occurred Summer 2016. During the course of operation, many of
the vertical gas extraction wells have become overwhelmed with liquid. As a conclusion of a
Gas Collection System Audit, requested by the U.S. Environmental Protection Agency (EPA)
as part of the Consent Agreement Final Order (2015), it was identified that the City should
implement a dewatering system to remove liquid from wells where landfill gases are hindered
due to limited screen exposure. As such, it is recommended to dewater selected landfill gas
wells, which involves pumping out the accumulated liquid from these wells and discharging it
for treatment at the wastewater treatment facility. Exposing additional perforated pipe within a
well improves landfill gas extraction and limits the potential effects of landfill gas, leachate
migration, and can have a positive impact on groundwater in the vicinity of the unlined areas of
the landfill, as extraction of leachate acts as a form of leachate source control. In order to meet
these operating objectives, Barker Lemar designed a dual extraction system, which was bid
and is pending award.
'r 1 CITY OF IOWA CITY
Arnot
i COUNCIL ACTION REPORT
The City now desires Barker Lamar to perform construction phase services for the dual
extraction system. Amendment No. 4 to the Consultant Agreement between the City of Iowa
City and Barker Lemar includes:
• Bid and letting assistance.
• Construction administration services to assist construction of the new system.
• Construction oversight and quality assurance during construction to oversee the
construction of the new system.
• Construction observation report to be submitted to the Iowa Department of Natural
Resources (DNR) after completion of construction.
It is proposed to fund these services with Landfill revenues, available in the Landfill Leachate
Pumping System Fund #L3330.
Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., lova City, IA 52240 (319)3565044
Resolution no. 18-189
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
Melrose Avenue Fiber Optic Extension Project
Whereas, Utility Service Contractors of Hiawatha, Iowa has submitted the lowest responsible bid
of $123,988.95 for construction of the above-named project; and
Whereas, funds for this project are available in account # S3814.
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 is hereby awarded to Utility
Service Contractors of Hiawatha, Iowa, 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 3rd — day of July 2018
MAfor
Approved by
Attest: P J 6/ If /OL71/
City Clerk City qf' orney's Office
It was moved by Mimc and seconded by Thomas the be
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
X
I11.y k I
Botchway
Cole
Mims
X Salih
Taylor
Thomas
Throgmorton
I r 1 CITY OF IOWA CI
w ° ��� 2d(5)
'-®���� COUNCIL ACTION REP
July 3, 2018
Resolution awarding contract and authorizing the Mayor to sign and the
City Clerk to attest a contract for construction of the Melrose Avenue Fiber
Optic Extension project
Prepared By: Brett Zimmerman - Civil Engineer
Reviewed By: Trent Hansen - PC/Communications Technician
Jason Havel - City Engineer
Ron Knoche - Public Works Director
Geoff Fruin - City Manager
Fiscal Impact: The contract amount for this project is $123,988.95 and will be funded
through the Annual Traffic Signals Projects account #S3814
Recommendations: Staff: Approval
Commission: N/A.
Attachments: Resolution
Executive Summary:
This agenda item awards the contract for the Melrose Avenue Fiber Optic Extension project to
Utility Service Contractors of Hiawatha, Iowa. This project includes the installation of three
fiber optic ducts beginning east of S. Grand Avenue in Iowa City and ending just west of
Emerald Drive in University Heights. Additionally, the project will include installation of
handholes and related hardware.
Background /Analysis:
The existing above ground fiber optic connection that services the City's traffic signals between
Emerald Street and S. Grand Avenue requires frequent repairs due to its exposure to the
elements. The City desires to replace the existing aerial fiber optic cable with a permanent
underground connection.
Two bids were received at the June 25th bid opening:
Company Bid
Utility Service Contractors $123,988.95
MP Nexlevel, LLC. $315,959.30
Based upon the bids received, staff recommends awarding the bid to Utility Service Contractors
of Hiawatha, Iowa.
Project Timeline:
Bid Letting — June 25, 2018
Award Date — July 3, 2018
Construction Start — July 16, 2018
Final Completion — August 29, 2018
V (5�
NOTICE TO BIDDERS
MELROSE AVENUE FIBER OPTIC EXTENSION PROJECT
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 25th day of June
2018. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax
machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be
returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma
J. Harvat Hall at 7:00 P.M. on the 31d day of July, 2018, or at a special meeting called for that purpose. There is a
recommended pre-bid meeting. This will start at 10 a.m. local time on Monday, June 11, 2018 in the Engineering
Conference Room in City Hall, located at 410 E Washington Street, Iowa City, Iowa.
This project includes the installation of three fiber optic ducts beginning east of S. Grand Avenue in Iowa City and ending
just west of Emerald Drive in University Heights. Additionally, the project will include installation of handholes and related
hardware. installation of new fiber optic cable, handholes, removal and replacement of pavement, and site restoration.
All work is to be done in strict compliance with the plans and specifications prepared by HBK Engineering, LLC, of Iowa City,
Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the
CityClerk.
Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope,
separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in
the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY
OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a
contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City
ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of
this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not
to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned
after the canvass and tabulation of bids is completed and reported to the City Council.
The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract
price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all
materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or
indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five
(5) year(s) from and after its completion and formal acceptance by the City Council.
The following limitations shall apply to this Project:
Start date: July 16, 2018
Final completion date: August 29, 2018.
Liquidated Damages: $500/day
The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of
said plans and specifications and form of proposal blanks may be secured at Technigraphics, a division of Rapids
Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: 319-354-5950 Fax:319-354-
8973 Toll -Free 800-779- 0093 by bona fide bidders.
A $30.00 refundable fee is required for each set of plans and specifications provided to bidders or other interested
persons. The fee shall be in the form of a check, made payable to the City of Iowa City. The fee will be returned if the
plans are returned in unmarked and reusable condition within 15 days of Council Award. A separate and nonrefundable
15.00 shipping and handling fee will apply to plans that are sent through postal mail.
Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on
City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at
(515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239-1422.
Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder
intends to subcontract. This list shall include the type of work and approximate subcontract amount(s).
The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together
with quantities, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the
State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident
bidder preference law applies to this Project.
The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities.
Published upon order of the City Council of Iowa City, Iowa.
KELLIE FRUEHLING, CITY CLERK
NTB-1
, i(0
Prepared by: Scott Sovers, Sr. Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)3565142
Resolution No. 18-190
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
Mormon Trek Boulevard Four Lane to Three Lane Conversion
and Lighting Improvements Project
Whereas, All American Concrete, Inc. of West Liberty, Iowa, has submitted the lowest responsible
bid of $1,416,119.68 for construction of the above-named project; and
Whereas, funds for this project are available in the Mormon Trek Boulevard Three Lane
Conversion account # S3868; and
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
1. The contract for the construction of the above-named project is hereby awarded to All
American Concrete, 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 and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 3rd day of July / 2018
G,
Ma or
Approved by
Attes :
City Clerk City Attorney's Office (0% ,1f 9 -
It was moved by trims and seconded by Thomas the Resolution be
adopted, and upon roll call there were
Ayes:
Nays: Absent:
X
Botchway
X
Cole
X
Mims
X Salih
x
Taylor
X
Thomas
X
Throgmorton
'r CITY OF IOWA CI oY
COUNCIL ACTION REP Zd161
July 3, 2018
Resolution awarding contract and authorizing the Mayor to sign and the
City Clerk to attest a contract for construction of the Mormon Trek
Boulevard Four Lane to Three Lane Conversion and Lighting
Improvements Project.
Prepared By: Scott Sovers — Sr. Civil Engineer
Reviewed By: Jason Havel — City Engineer
Ron Knoche — Public Works Director
Geoff Fruin — City Manager
Fiscal Impact: $1,416,119.68, available in the Mormon Trek Boulevard Three Lane
Conversion account #S3868.
Recommendations Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
This agenda item awards the construction contract for the Mormon Trek Boulevard Four Lane
to Three Lane Conversion and Lighting Improvements Project to All American Concrete, Inc.
of West Liberty, Iowa. This project generally includes restriping the existing pavement to a
three -lane section (a through lane in either direction with a center two-way left turn lane) with
buffered bike lanes, traffic signal replacement at three intersections on Mormon Trek (Rohret
Road/Cae Drive, Benton Street, Walden Square/Cameron Way), replacement of non -ADA
compliant sidewalk ramps and the addition of a right tum lane on Mormon Trek Boulevard at
Benton Street. The Project also includes the replacement of the existing roadway lighting on
Mormon Trek Boulevard from Melrose Avenue north to the Iowa Interstate Railroad.
Background / Analysis:
Current research suggests that converting a four -lane roadway to a three -lane roadway
improves vehicle and pedestrian safety, reduces vehicular speeds, improves emergency
response time and allows for on -street bike accommodations within the existing pavement
cross section.
Based on a number of factors, including traffic volumes and collision history, the Mormon Trek
Boulevard corridor was considered a good candidate for a four -lane to three -lane conversion,
and the City of Iowa City was successful in securing a grant ($500,000) through the Iowa
Department of Transportation Traffic Safety Improvement Program.
The existing light poles on Mormon Trek, from Melrose Avenue north to the Iowa Interstate
Railroad, originally installed in 2001 as a part of the Mormon Trek Improvements Project
(Melrose to the Railroad Viaduct), have deteriorated to the point where they are in need of
replacement. As a part of the light pole replacement, the existing high-pressure sodium
fixtures will be upgraded to more efficient LED fixtures.
r 1 CITY OF IOWA CITY
==~I COUNCIL ACTION REPORT
The construction cost estimate for the project was $1,465,000, and three bids were received
for the June 261 bid letting:
Company Bid Amount
All American Concrete Inc. $1,416,119.68
Hawkeye Paving Corp. $1,460,329.99
Streb Construction Company Inc. $1,527,312.24
Based upon the bids received, staff recommends awarding the Project to All American
Concrete, Inc. of West Liberty, Iowa.
Project Timeline:
Award Date — July 3, 2018
Construction Start — July 23, 2018
Estimated construction Completion — May 2019
NOTICE TO BIDDERS
MORMON TREK BOULEVARD FOUR LANE TO THREE LANE CONVERSION AND
LIGHTING IMPROVEMENTS
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M.
on the 26" day of June 2018. 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 3'd day of July 2018, or at special meeting called for that purpose.
The Project will involve the following:
This is a lane conversion project from the existing four lane section to a three lane section
consisting of two thru lanes and a continuous two -way -left -turn lane with dedicated bike lanes
in each direction along Mormon Trek Blvd from Westside Or to Melrose Ave. The project also
includes adding a right -turn lane northbound at W Benton St, pavement patching throughout
the project area, updating traffic signals, and replacement of sidewalk ramps at Walden
Sq/Cameron Way, W Benton St, and Rohret Rd/Cae Dr for ADA compliance. The project also
includes street lighting improvements along Mormon Trek Blvd from Melrose Ave to the
separated railroad crossing south of 2nd St as a separate Division of work.
All work is to be done in strict compliance with the plans and specifications prepared by Snyder &
Associates, Inc., of Cedar Rapids, 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 10% of the bid. The bid security shall be made
payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the
City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10)
calendar days of the City Council's award of the contract and post bond satisfactory to the City
ensuring the faithful performance of the contract and maintenance of said Project, if required,
pursuant to the provisions of this notice and the other contract documents. 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 hundred
percent (100%) of the contract price, said bond to be issued by a responsible surety approved by
the City, and shall guarantee the prompt payment of all materials and labor, and also protect and
save harmless the City from all claims and damages of any kind caused directly or indirectly by
the operation of the contract, and shall also guarantee the maintenance of the improvement for a
period of Five (5) year(s) from and after its completion and formal acceptance by the City Council.
AF -1
The following limitations shall apply to this Project:
Project Completion Date: May 31, 2019
Late Start Date: July 23, 2018
Liquidated Damages: $1,000 per day
Stages 1 — 6 Completion Date: November 15, 2018
Liquidated Damages: $500 per day
Closure of Walden Square will be limited to 16 calendar days.
The plans, specifications and proposed contract documents may be examined at the office of the
City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured
at the Technigraphics, 415 Highland Ave #100, Iowa City, IA 52240, by bona fide bidders.
A $30 deposit is required for each set of plans and specifications provided to bidders or other
interested persons. The deposit shall be in the form of a check, made payable to The City of Iowa
City. The deposit is refundable if returned within 14 days of award of the project by City Council, if
in re -usable condition.
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.
Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties
with whom the bidder intends to subcontract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall submit a list on the Form of Agreement of the
proposed subcontractors, together with quantities, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must be given to products and provisions grown and
coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required
under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project.
The City reserves the right to reject any or all proposals, and also reserves the right to waive
technicalities and irregularities.
Posted upon order of the City Council of Iowa City, Iowa
KELLIE FRUEHLING, CITY CLERK
AF -2
Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 3565149
Resolution No. 18-191
Resolution accepting the work for the 2017 Oakcrest Street
Sidewalk Infill Project
Whereas, the Engineering Division has recommended that the work for construction of the 2017
Oakcrest Street Sidewalk Infill Project, as included in a contract between the City of Iowa City and
Sulzco, LLC of Muscatine, Iowa dated June 30, 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 Sidewalk Infill Program account # S3828; and
Whereas, the final contract price is $36,915.20.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said
improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 3rd day of July 2018
Ma or
Approved
"bey
Attes4UCIer�k�—
City Attorney's Office
It was moved by trims and seconded by Thomas _ the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays: Absent:
%
Botchway
x
Cole
x
Mims
% Salih
%
Taylor
%
Thomas
%
Throgmorton
CITY OF IOWA CI 07-03-18
COUNCIL ACTION REP 2d(7,
July 3, 2018
Resolution accepting the work for the 2017 Oakcrest Street Sidewalk Infill
Project.
Prepared By: Josh Slattery - Sr. Civil Engineer
Reviewed By: 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:
This project included the construction of 4 -foot wide sidewalk adjacent to 1130 Oakcrest Street
and part of 1124 Oakcrest Street. The project included replacement of a large portion of the
driveway of 1130 Oakcrest Street in order to table the driveway for the sidewalk crossing. An
additional sidewalk infill location adjacent to 1169 and 1219 Chamberlain Drive was added by
Change Order.
Background / Analysis:
Work on the project was recently completed by Sulzco, LLC of Muscatine, IA, in substantial
accordance with the plans and specifications. The Engineer's Report and Performance and
Payment bonds are on file with the City Engineer.
❖ Project Estimated Cost: $ 31,000.00
❖ Project Bid Received: $ 33,611.00
❖ Project Actual Cost: $ 36,915.20
(I r 1
• 'ET
CITY
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
June 14, 2018
City Clerk
Iowa City, Iowa
Re: 2017 Oakcrest Street Sidewalk Infill Project
Dear City Clerk:
I hereby certify that the construction of the 2017 Oakcrest Street Sidewalk Infill Project has been
completed by Sulzco, LLC of Muscatine, Iowa in substantial accordance with the plans and
specifications prepared by MMS Consultants, Inc, of Iowa City.
The project was bid as a unit price contract and the final contract price is $36,915.20.
There was a total of one (1) change or extra work order for the project as described below:
Extra sidewalk adjacent to 1169 and 1219 Chamberlain Drive $3,210.00
I recommend that the above -referenced improvements be accepted by the City of Iowa City.
Sincerely,
Jas Havel, P.E.
City Engineer
Prepared by: Scott Sovers, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142
Resolution No. 18-192
Resolution approving a contract for the annual Pavement Repair
Project
Whereas, a request for unit prices related to annual pavement repairs (November 1, 2017 -
October 31, 2018) associated with water main breaks was bid as an informal project (by
competitive quotation) in October 2017; and
Whereas, two bids were received for the project; and
Whereas, All American Concrete, Inc. of West Liberty, Iowa submitted the lowest responsible bid
and entered into a contract with the City for the Pavement Repair Project November 1, 2017 -
October 31, 2018 on November 13, 2017; and
Whereas, in the previous three years, the cost of pavement repairs for water main breaks has
averaged $102,000 per year; and
Whereas, due to an increased number and size of repairs, the contract amount is anticipated to
exceed $150,000; and
Whereas, the purchasing manual requires that if the cost of a contract entered into by competitive
quotation exceeds $150,000 the contract must be approved by the City Council.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. Said contract for annual pavement repair is hereby approved by the City Council and may
exceed $150,000 as determined necessary by the City Manager.
Passed and approved this 3rd day of July 2018
G;
Ma r
A proved
-!d'
City Attorney's Office
It was moved by Mims and seconded by 'Thomas the Resolution be
adopted, and upon roll call there were:
Ayes:
fi
�7
X
X
X
Nays:
Absent:
Botchway
Cole
Mims
X Salih
Taylor
Thomas
Throgmorton
0(s)
r,® CITY O F IOWA CIT=o7
COUNCIL ACTION REPO
July 3, 2018
Resolution approving a contract for the annual Pavement Repair Project
Prepared By: Scott Sovers — Sr. Civil Engineer
Reviewed By: Jason Havel — City Engineer
Ron Knoche — Public Works Director
Geoff Fruin — City Manager
Fiscal Impact: Final contract amount is anticipated be approximately $250,000 or less.
Funding for the project is available in the Water Divisions Operating
Budget, account # 73730130-473010
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
The informally bid pavement repair contract value is approaching $150,000. This resolution
requests Council authorization for the contract to exceed $150,000, as required by the current
Purchasing Policy.
Background / Analysis:
Each year there are, on average, approximately 60 water main breaks within the City. Street
and or sidewalk pavement typically needs to be removed and replaced in order to repair the
water main. With limited resources and the emergency nature of the pavement repairs, the
City bids an annual pavement repair project to address damage resulting from water main
breaks.
This year, the location, number and severity of water main breaks have increased the amount
of necessary pavement repairs. Based on repairs that have been completed to date this year,
the current contract amount is approaching $150,000. The final contract amount is
anticipated to be less than $250,000. According to the City's Purchasing Policy, contracts
exceeding $150,000 require authorization from the City Council.
Prepared by: Jonathan Durst, Assistant Water Superintendent, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5169
Resolution No. 18-193
Resolution approving, authorizing and directing the Mayor to
execute and the City Clerk to attest an Agreement by and
between the City of Iowa City and HR Green, Inc. of Cedar
Rapids, IA to provide engineering consultant services for the
Collector Well Capacity Improvement Study
Whereas, the City has five (5) source water collector wells for drinking water production built
around 1999 and placed into service in 2003; and
Whereas, the collector wells have shown signs of reduced performance over time; and
Whereas, the City through a request for proposal (RFP) process expressed a desire for the
services of a consulting firm to study the condition of the existing wells to identify current
characteristics and options for the rehabilitation or replacement (hereinafter "Project"); and
Whereas, the goal of the Project is to be provided with a comprehensive report that includes
results of pump tests, physical inspections, recommendations for an operations and maintenance
plan and if warranted capital projects to restore, as feasible, the initial recorded capacities for the
wells; and
Whereas, HR Green, Inc. (hereinafter "Consultant") responded to the RFP with desirable
experience working on projects of similar type and size; and
Whereas, the City has negotiated an Agreement with the Consultant to provide the services
necessary for the Project; and
Whereas, it is in the public interest to enter into said Agreement with the Consultant; and
Whereas, funds for this project are available in the Collector Well Capacity Improvement account
#W3311.
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 3rd day of July / 2018
v.
Ma*6r
App ved by
Attest:-::
C—e e 6 P,
C Clerk City Attorney's Office WR 8 /( ff-
Resolution No. 18-19_
Page 2
It was moved by Mims and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes: Nays:
X
X
X
Absent
Botchway
Cole
Mims
X Salih
Taylor
Thomas
Throgmorton
Consultant Agreement
This Agreement, made and entered into this 3rd day of July 2018, by and between the City
of Iowa City, a municipal corporation, hereinafter referred to as the City and HR Green, Inc., of
Cedar Rapids, Iowa, hereinafter referred to as the Consultant.
Whereas, the City has five (5) source water collector wells for drinking water production built
around 1999 and placed into service in 2003; and
Whereas, the collector wells have shown signs of reduced performance over time; and
Whereas, the City through a request for proposal (RFP) process expressed a desire for the
services of a consulting firm to study the condition of the existing wells to identify current
characteristics and options for the rehabilitation or replacement (hereinafter "Project"); and
Whereas, the goal of the Project is to develop a comprehensive report that includes results of
pump tests, physical inspections, recommendations for an operations and maintenance plan and
if warranted capital projects to restore, as feasible, the initial recorded capacities for the wells; and
Whereas, HR Green, Inc. (hereinafter "Consultant") responded to the RFP with desirable
experience working on projects of similar type and size; and
Whereas, the City has negotiated an Agreement with the Consultant to provide the services
necessary for the Project; and
Whereas, it is in the public interest to enter into said Agreement with the Consultant; and
Whereas, funds for this project are available in the Collector Well Capacity Improvement account
#W3311.
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.
Phase I: Initial Assessment
1. Chair kick off meeting with City WTP personnel. Provide meeting agenda for meeting, and
submit meeting minutes to the City within seven (7) days after kickoff meeting.
2. Obtain existing operational data from the WTP. Work directly with WTP personnel to
identify information useful for evaluation of the two collector well fields and the five
individual wells.
3. Consider the physical setting of the Iowa River to assess current river conditions, including
river stage. Use available Army Corps of Engineers or U.S. Geological Survey data to
assess historical river stage information and compare to current river stage conditions.
-2-
4. Consider the characteristics of the Iowa River Aquifer, including the Water Plant Aquifer
and the Peninsula Aquifer, including water table elevation. Use readily available
information, including the WTP's monitoring well data, to compare historical information to
current conditions, as possible.
5. Evaluate the system head curve, pump curves, design points, draw down and recovery
tests, etc. to assess the efficiency of the pump and hydraulics for each well. As the
original design engineer, HR Green has this information available in its archives for
analysis. Updates after design for any such information will be requested from the records
of the WTP.
3
Assess the current performance of each of the two collector
Water Plant Well Field comprised of CW -1, CW -2 and SPPS;
Field comprised of CW -3 and CW -4.
a. Ori final desi n and initial recorded vield capacities were:
ID
Original Design
Capacity m d
Initial Recorded
Capacity m d
CW -1
1.0
1.0
CW -2
1.2
1.4
CW -3
3.0
3.8
CW -4
2.0
3.45
TOTAL
7.2
9.65
well fields, including: the
and the Peninsula Well
Sand Pit: 0.5 MGD. (This structure was not designed as a collector well and is
capable of drawing from the sand pit pond.);
Assess the current performance of each of the five individual wells, with emphasis on
capacity trends and well efficiency.
Phase II: Performance Testing and Inspection Program
1. Conduct performance pumping tests to assess the capacity and efficiency of each well.
HR Green will work with WTP staff to perform performance testing, which will be
completed at each well in tum, before moving to the next well. Testing will include
measurement of pre -pumping static water level, a multi -step rate test, a continuous 72 -
hour constant rate test, and a 24-hour recovery test period. The step rate test data will be
used to assess efficiency and to establish a reasonable pumping rate for the constant rate
test. The constant rate test, including drawdown and possibly temperature readings, will
provide information on recharge conditions and current capacity. The recovery test will
provide additional information on recharge conditions.
a. Performance testing will require each well, in turn, to be turned off for a period of
24 hours prior to beginning the test and again upon completion of the constant rate
test. This is to allow measurement of an accurate pre-test static water level in the
caisson and post-test aquifer recovery. This is subject to approval by the WTP
and testing can be staged in other ways to mitigate impact to operations, as
needed.
b. Performance testing assumes using the existing well pumps and that WTP has the
capability via SCADA and staff to operate and monitor and record discharge rate
and drawdown in the caisson, and provide a digital copy of the collected data to
HR Green. The City WTP will be responsible for operating each well during
testing. HR Green does not plan to use a data logger and pressure transducer to
-3 -
record an independent record of the tests. HR Green also requests access to
nearby monitoring wells during the testing as levels from these wells would provide
information useful in assessment of performance.
i. WTP personnel will provide necessary testing (well discharge control) and
data collection (water levels, discharge rates, digital records) via their
SCADA system and staff: HR Green will work part-time on site with WTP
personnel during test initiations to direct the testing.
c. Results from these performance tests will be compared to the original performance
test results on file with the City (Reynolds, Inc., August 2000).
2. Conduct well inspections to assess the physical and operating conditions of each of the
five wells.
An experienced hydrogeologist will conduct the well inspections, supplemented by a
professional diver and support crew. The inspection will include the following tasks by the
dive firm:
a. A video (e.g. helmet -mounted) camera will be operated during the inspection to
record underwater activities performed by the diver. The diver's equipment will
also include diver -to -operator voice communication during the inspection so that
directions and comments can be obtained during the inspection by the
hydrogeologist.
b. The diver will be required to enter the well (with the pumps off) and view the
underwater portion of the well pump that is scheduled to be operating during the
inspection to determine if a protective basket strainer is in place over the pump
suction. If no basket strainer is in place, the diver will then place a temporary
strainer/screen over the suction opening for the pump. The strainer/screen will be
held in place during the inspection. If a basket strainer/screen is already in place
over the pump suction, the diver will return to the water's surface and the pump will
be turned on for the inspection. It is reported that a strainer/screen is already in
place in the wells, if this is confirmed before the dive activities this task can be
eliminated.
c. The diver will inspect the underwater portion of the well including such features as:
the lateral control valves, caisson walls, the bottom of the caisson (for accumulated
materials such as sand, organic growths, or scale accumulations) and the pump
column and intake area. The diver will also inspect the inside of the lateral screens
in the section nearest the caisson to observe the amount and type of encrustation
present, to comment on the apparent structural condition of the screens, and make
observations of the integrity of the valve to screen/caisson joint.
d. The diver will measure the relative rate of flow and temperature from each lateral
utilizing a specially designed hand-held flow meter/thermistor provided by the
hydrogeologist.
e. The diver will inspect the underwater features within the caisson and of each lateral
to observe the interior of that section of lateral nearest the caisson. The diver will
take a still photograph inside the control valve for each lateral to observe the
condition of the well screen or ensure that the color CCTV camera used to record
the diver activities is focused on conditions within each lateral well screen so that
still camera -shots can be made from the video.
lid
f. The diver will attach a color CCTV camera and cable to a sled that will be attached
to pipe, rod, etc. capable of pushing the camera/sled out to distances of up to 247
feet, as feasible with respect to potential obstructions, from the caisson within each
of the 8 -inch diameter lateral well screens, while recording conditions viewed inside
the screens. If feasible, the condition of the end-of-screen/sand valve will be
observed.
g. The diver shall provide color DVD copies of the activities recorded by the camera.
h. The diver will follow industry -standard safety requirements for diving in potable
water. The City reported in the pre -agreement site visit that because this is raw
water this will not have to include spraying the diver and his equipment with a
bleach solution before they go into the well.
3. Phase III: Summary Report and Recommendations
Following completion of Phases I and II, the consultant will provide a summary report,
including:
a. Summarize the information collected during the Initial Assessment and the
methods, procedures and key findings of the Performance Testing and Inspection
Program. The report will present recommendations for the following:
L Well rehabilitation: appropriate mitigations indicated by the performance
testing and inspections to secure stable and highest feasible capacities.
1. Projects will be presented in a recommended order of completion.
2. Projects will include an engineer's estimate or opinion of probable
construction cost.
3. If well rehabilitation is not feasible or cost-effective, alternative
projects will be recommended.
ii. Routine well maintenance: appropriate activities and frequencies to
maintain well capacity performance.
iii. Well records: key information required for WTP to monitor and assess well
performance.
b. Meet with WTP personnel to discuss findings and recommendations of the project.
Provide agenda for meetings, and submit meeting minutes to the City within seven
(7) days after meetings.
L Preliminary meeting to review findings and discuss initial draft report.
Provide an electronic draft copy, unsigned, of the final report to City four (4)
days prior to scheduled meeting.
it. Second meeting to review initial draft comments. Provide an electronic draft
copy, unsigned, of report to City four (4) days prior to scheduled meeting.
iii. Final meeting and presentation of findings and final, signed, report.
c. The report will be provided to the City electronically and three (3) bound hard
copies signed by the Project Manager and signed and sealed by a licensed
professional engineer in Iowa.
d. All raw data will be provided electronically in a Microsoft Excel workbook.
-5-
e. All calculations used to reduce raw data will be presented within the report or in
appendices as applicable.
II. Time of Completion
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
• Award and under Contract
• Kickoff Meeting
• Phases I, II and III, Complete
July 3, 2018
Within 2 weeks of Contract Execution
Within 5 months of the Kickoff Meeting "
* For the actual performance testing, Consultant anticipates completing the
testing within 5 weeks, assuming testing of one well per week.
For the actual well inspections, Consultant anticipates completing the
inspections within 1 week, assuming inspection of one well per day.
III. General Terms
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender identity,
or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work
and services performed up to the time of termination. However, such sums shall
not be greater than the "lump sum" amount listed in Section IV. The City may
terminate this Agreement upon seven (7) calendar days' written notice to the
Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
Parties to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be
exclusive, but the Consultant shall have the right to employ such assistance as
may be required for the performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed by
the Consultant for the project shall be available by said City upon reasonable
request to the Consultant. The City agrees to furnish all reasonable assistance in
the use of these records and files.
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.
ISM
G. At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City
shall be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative
to specific projects covered under this Agreement. In such event, the Consultant
shall not be liable for the City's use of such documents on other projects.
I. The Consultant agrees to furnish all reports, specifications, and drawings, with the
seal of a professional engineer affixed thereto or such seal as required by Iowa
law.
J. The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance with
this Agreement shall constitute grounds for the City to withhold payment of the
amount sufficient to properly complete the Project in accordance with this
Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the
remaining portion shall be deemed severable from the invalid portion and continue
in full force and effect.
L. Original contract drawings shall become the property of the City. The Consultant
shall be allowed to keep 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
In consideration of the services, work, equipment, supplies, or materials provided herein. The City
agrees to pay the Consultant the following NOT -TO -EXCEED FEE (Unit Cost/Time Charges),
including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in
Attachment 1, attached and incorporated herein.
Total Not -To -Exceed Fee: $95,360.00
-7-
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 /
By: G/
Title: Mayor
Date: 07/03/18
Attes f�
pwVa Mwnwpmlfrm
For the Consultant
By: �
Title:
Date: 7 Qf e
Approved by:
r' cicr",
City Attorney's Office
-7/3It
Date
ATTACHMENT #1
HOUR
AND RESOURCES ESTIMATE
City of Iowa City Water
Division - Collector Well Maintenance
Project
HR Green
Layne
Key Personnel----> Brennan
Hardie PE Admin
Hunt
Hours
Labor
Reimbursable
Total
I - Initial Assessment
1 Attend kick off meeting
4
8
12
$1,824
$500
$2,324
2 Work with WTP to obtain existing data
8
8
$1,488
$50
$1,538
3 Consider characteristics of Iowa River Aquifer
8
8
$1,488
$1,488
4 Consider physical setting of Iowa River
8
8
$1,488
$1,488
5 Assess performance of 2 well fields and 4 wells
8
8
$1,488
$1,488
6 Well pump and hydraulics evaluation
4 so
54
$8,428
$50
$8,478
SUB -TOTAL OF Phase 1
36
4 s0 0
8
98
$16,204
$600
$16,804
11 - Performance Testing and Inspection Program
Project management, QC/QA, and develop and
7
implement Testing and Inspection Program
12
12
$2,232
$2,232
g Conduct performance pumping tests
40
40
$7,440
$500
$7,940
9 Physically inspect each well
12
12
$2,232
$47,668
$49,900
10 HR Green effort for Dive Firm procurement
20
20
$3,720
$3,720
SUB -TOTAL OF Phase II
84
0 0 0
0
84
$15,624
$48,168
$63,792
11 Prepare a summary report with recommendations
32
2 24 4
16
78
$12,532
$12,532
12 Meet with WTP to discuss deliverable
12
12
$2,232
$2,232
SUB -TOTAL OF Phase III
44
2 24 4
16
90
$14,764
$0
$14,764
TOTAL OF PROJECT
164
6 74 4
24
272
$46,592
$48,768
$95,360
HR GREEN, INC.
Billing Rate Schedule
HRGreen Effective January 1, 2018
Professional Services Billing Rate Range
Principal
$195-$280
Senior Professional
$170-$250
Professional
$110-$195
Junior Professional
$85-$140
Senior Technician
$115-$140
Technician
$80-$125
Senior Field Personnel
$100-$170
Field Personnel
$90-$165
Junior Field Personnel
$50-$95
Administrative Coordinator
$65-$105
Administrative
$60-$110
Corporate Admin
$80-$140
Operators/Interns
$50-$100
Reimbursable Expenses
1. All materials and supplies used in the performance of work on this project will be billed at cost
plus 10%.
2. Auto mileage will be charged per the standard mileage reimbursement rate established by
the Internal Revenue Service. Survey and construction vehicle mileage will be charged on
the basis of $0.85 per mile or $65.00 per day.
3. Charges for sub -consultants will be billed at their invoice cost plus 15%.
4. A rate of $6.00 will be charged per HR Green labor hour for a technology and
communication fee.
5. All other direct expenses will be invoiced at cost plus 10%.
BILLING RATES
Bill Rates and Assigned
Name
Project Holes
OM Rate
Assigned Role
Greg Brennan, PG, PHG
$186
Project Manager
Mark Hardle, PE
$232
GC Manager
Henry Hunt, CPG
$135
Well Inspection
PE
$150
1191neering Support
Administrative
$89 1
Project Coordination
t r 1 CITY OF IOWA CIT
COUNCIL ACTION REIt PO 2tl�9�
July 3, 2018
Resolution approving, authorizing and directing the Mayor to execute and
the City Clerk to attest an Agreement by and between the City of Iowa City
and HR Green, Inc. of Cedar Rapids, IA to provide engineering consultant
services for the Collector Well Capacity Improvement Study
Prepared By:
Jonathan Durst - Assistant Water Superintendent
Reviewed By:
Kevin Slutts - Water Superintendent
Jason Havel - City Engineer
Ron Knoche - Public Works Director
Geoff Fruin - City Manager
Fiscal Impact:
The not -to -exceed fee is $95,360. Funding will be via the water fund
and is available in the Collector Well Capacity Improvement account
#W3311
Recommendations:
Staff: Approval
Commission: N/A
Attachments:
Resolution, Agreement
Executive Summary:
This agreement authorizes HR Green, Inc. to provide consultant services including data
collection, testing, inspection, and technical reports for the Collector Well Capacity
Improvement Study to inform future collector well capacity improvement projects. The study
generally includes a review of the existing records and data, pump testing and
hydrogeological analysis, physical inspection of the wells, and a final report that summarizes
the findings and recommended capital improvement projects with associated estimated costs
for increasing or maintaining well capacity.
Background / Analysis:
There are five (5) existing collector wells, all constructed and placed online in 2003. Collector
wells are the primary source of raw water supply for the water treatment facility. Collector
wells draw Iowa River water through the river bank providing a high-quality raw water source
(low organics, low turbidity) that directly contributes to the high-quality drinking water provided
to our citizens. The wells have not been formally inspected by divers or a professional
hydrogeologist since their construction. One (1) collector well has become unproductive:
12,000 gallons -per -day versus the 1 to 4 million gallons -per -day available from other wells.
With the growth of Iowa City, continued climate and legislative uncertainty, and the age of the
wells; maintaining and increasing the capacity of the collector wells to ensure an adequate
amount of high-quality raw water is crucial to providing our citizens with a high-quality drinking
water.
This study is to provide the City with a report that details the current condition of the wells and
recommended projects to maintain or increase their capacity. Additional funds are
programmed in later years to retain consulting services for design and to construct projects
recommended by this study.
Consultant Agreement
This Agreement, made and ntered into this _ day of 2018, by/HR
the City of
Iowa City, a municipal corp tion, hereinafter referred to as the City n, Inc., of
Cedar Rapids, Iowa, hereinafte referred to as the Consultant.
Whereas, the City has five (5) s rce water colle/the
d i ing water production built
around 1999 and placed into service' 2003; and
Whereas, the collector wells have show igns of rence overtime; and
Whereas, the City through a request for oposals expressed a desire for the
services of a consulting firm to study the onditsting wells to identify current
characteristics and options for the rehabilitation reeinafter "Project); and
Whereas, the goal of the Project is to develop mprehensive report that includes results of
pump tests, physical inspections, recommends ' ns an operations and maintenance plan and
if warranted capital projects to restore, as fea ' le, the i ' ial recorded capacities for the wells; and
Whereas, HR Green, Inc. (hereinafter Consultant) onded to the RFP with desirable
experience working on projects of simile pe and size; and
Whereas, the City has negotiated n Agreement with the C sultant to provide the services
necessary for the Project; and
Whereas, lt is in the public inter t to enter into said Agreement with a Consultant; and
Whereas, funds for this prof are available in the Collector Well Cap ity Improvement account
#W3311.
Now Therefore, it is agr ed by and between the parties hereto that the C does now contract
with the Consultant to p ovide services as set forth herein.
1. Scope of Se ices
Consuftant agrees o perform the following services for the City, and to do so in a ti ely and
satisfactory man r.
Phase I: Initial
1. Chaff kick off meeting with City WTP personnel. Provide meeting agenda for mee ' g, and
su ft meeting minutes to the City within seven (7) days after kickoff meeting.
2. Obtain existing operational data from the WTP. Work directly with WTP personnel to
identify information useful for evaluation of the two collector well fields and the five
individual wells.
3. Consider the physical setting of the Iowa River to assess current river conditions, including
Over stage. Use available Army Corps of Engineers or U.S. Geological Survey data to
assess historical Over stage information and compare to current river stage conditions.
-2-
4. Consider the characteristics of the Iowa River Aquifer, including the Water Plant Aquifer
and the Peninsula Aquifer, including water table elevation. Use readily available
information, including the WTP's monitoring well data, to compare historical information to
currentnditions, as possible.
5. Evaluate t system head curve, pump curves, design points, draw down and recovery
tests, etc, tssess the efficiency of the pump and hydra' tics for each well. As the
original de;I engineer, HR Green has this informatio�vallable in its archives for
analysis. Upda es after design for any such information will a requested from the records
of the WTP.
6. Assess the currentRE
Water Plant Well Fie
Field comprised of CA
a. Original design
nance of each of the
nprised of CW -1, CV
id CW -4.
Initial recorded vield ct
ID
Original esign
Capacity d
Initial R orded
Ca aci m d
CW -1
1.0
1.0
CW -2
1.2
1.4
CW -3
3.0
3.8
CW -4
2.0
3.45
TOTAL
7.2
9.65
Sand Pit: 0,5 MGD.
capable of drawing fi
7. Assess the current per
capacity trends and well
Phase II: Performance Testing
1. Conduct
HR Green will
completed at
measurement
hour constan
used to ass ;s
test. The�ns
provide i forma
provide �dditio
lector well fields, including: the
SPPS; and the Peninsula Well
were:
struct a was not designed as a collector well and is
e sand pi ond.);
of each of a five Individual wells, with emphasis on
Inspection Program
tests to assess the
brk with WTP staff to perform perfo)
e ch well in tum, before moving to the
f pre -pumping static water level, a multi -s'
ate test, and a 24-hour recovery test period.
efficiency and to establish a reasonable pui
tant rate test, including drawdown and pos!
and efficiency of each well.
:e testing, which will be
well. Testing will include
ate test, a continuous 72 -
step rate test data will be
I to for the constant rate
to perature readings, will
ation on recharge conditions and current capacity. he recovery test will
nal information on recharge conditions.
Performance testing will require each well, in tum, to be turnedff for a period of
24 hours prior to beginning the test and again upon completion of a constant rate
test. This is to allow measurement of an accurate pre-test static wer level in the
caisson and post-test aquifer recovery. This is subject to approval y the WTP
and testing can be staged in other ways to mitigate impact to opations, as
needed.
b. Performance testing assumes using the exlsting well pumps and that WTP h s the
capability via SCADA and staff to operate and monitor and record discharge to
and drawdown in the caisson, and provide a digital copy of the collected data to
HR Green. The City WTP will be responsible for operating each well during
testing. HR Green does not plan to use a data logger and pressure transducer to
-3 -
record an independent record of the tests. HR Green also requests access to
nearby monitoring wells during the testing as levels from these wells would provide
information useful in assessment of performance.
1. WTP personnel will provide necessary testing (w#I discharge control) and
data collection (water levels, discharge rate digital records) via their
SCADA system and staff. HR Green will wo part-time on site with WTP
personnel during test Initiations to direct th estin9.
c. Results frani these performance tests will be Ximpared to the original performance
test results o file with the City (Reynolds, I ., August 2000).
2. Conduct well inspection to assess the physi and operating conditions of each of the
five wells.
An experienced hydrogeolog�ill co uct the well inspections, supplemented by a
professional diver and support ew. T inspection will, include the following tasks by the
dive firm:
a. A video (e.g. helmet-mou a camera will be operated during the inspection to
record underwater act! ' es pe ormed by the diver. The diver's equipment will
also include diver -to -o rator vo a communication during the inspection so that
directions and corn ents can a obtained during the inspection by the
hydrogeologist.
b. The diver will b required to enter th well (with the pumps off) and view the
underwater po on of the well pump that 's scheduled to be operating during the
Inspection to etermine if a protective bas et strainer is in place over the pump
suction. If o basket strainer is in place, t e diver will then place a temporary
strainer/scr en over the suction opening for th pump. The strainer/screen will be
held In pl ce during the inspection. If a basket trainer/screen is already in place
over the'pump suction, the diver will return to the ter's surface and the pump will
be tur�rf d on for the Inspection. It is reported that strainer/screen is already in
place n the wells, If this is confirmed before the Op activities this task can be
c. T e diver will inspect the underwater portion of the well !n uding such features as:
t- a lateral control valves, caisson walls, the bottom of the c sson (for accumulated
aterials such as sand, organic growths, or scale accumul tions) and the pump
column and intake area. The diver will also inspect the inside the lateral screens
In the section nearest the caisson to observe the amount and a of encrustation
present, to comment on the apparent structural condition of the s eens, and make
observations of the integrity of the valve to screen/caisson joint.
d. The diver will measure the relative rate of flow and temperature fro each lateral
utilizing a specially designed hand-held flow meter/thermistor provi%eachateral y the
hydrogeologist.
e. The diver will inspect the underwater features within the caisson and of
to observe the interior of that section of lateral nearest the caisson. The diver will
take a still photograph inside the control valve for each lateral to observe the
condition of the well screen or ensure that the color CCTV camera used to record
the diver activities is focused on conditions within each lateral well screen so that
still camera -shots can be made from the video.
f. The diver will attach a color CCN camera and cable to a sled that will be attached
to pipe, rod, etc. capable of pushing the cameralsled out to distances of up to 247
feet, as feasible with respect to potential obstructions, from the caisson within each
of the 8 -inch diameter lateral well screens, while recording conditions Viewed inside
the screens. If feasible, the condition of the end-of-screen/san;Kvalve will be
g. The�d(ver shall provide color DVD copies of the activities re96rded by the camera.
h. The &6Cwill follow industry -standard safety require ents for diving in potable
water. Thq City reported in the pre -agreement sit visit that because this is raw
water this W ll not have to include spraying the Iver and his equipment with a
bleach solutio before they go Into the well.
3. Phase III; SummaryRep rt and Recommend/HR
Following completion of P ries I and ll, teen / Layne Team will provide a
summary report, including:
a. Summarize the inform aff n col cted during the Initial Assessment and the
methods, procedures and f dings of the Performance Testing and Inspection
Program. The report will pres t recommendations for the following:
1. Well rehabilitation: p priate mitigations indicated by the performance
testing and inspect' ns to`hecure stable and highest feasible capacities.
be presentgd in a recommended order of completion.
2. Projects will include an en ineer's estimate or opinion of probable
congtructlon cost.
3. f well rehabilitation is not fel ible or cost-effective, alternative
projects will be recommended.
Ii. Ro ine well maintenance: appropriate a vities and frequencies to
'maintain well capacity performance.
iii.' YVell records: key information required for WTP t monitor and assess well
b. Meet with WTP personnel to discuss findings and recommen tions of the project.
Pr -'vide agenda for meetings, and submit meeting minutes tot City within seven
( days after meetings.
1. Preliminary meeting to review findings and discuss IN I draft report.
Provide an electronic draft copy, unsigned, of the final report o City four (4)
days prior to scheduled meeting.
li. Second meeting to review initial draft comments. Provide an ale tonic draft
copy, unsigned, of report to City four (4) days prior to scheduled eating.
iii. Final meeting and presentation of findings and final, signed, report.
c. The report will be provided to the City electronically and three (3) bo
copies signed by the Project Manager and signed and sealed by a
professional engineer in Iowa.
d. All raw data will be provided electronically In a Microsoft Excel workbook.
-5-
e. All calculations used to reduce raw data will be presented within the report or in
appendices as applicable.
H. Timp of Completion
The Consultahk shall complete the following phases of the Project in acco dance with the
schedule shown\
• Awar and under Contract July 3, 2"'
• Kicko eeting Within 2 weeks Contra
• Phases , II and 111, Complete Within 5 months oft Kickoff Meeting "
* For the ctual performance testing, Consultan anticipates completing the
testing wit n 5 weeks, assuming testing of one ell per week.
* For the act al well Inspections, Cons tant anticipates completing the
inspections withY
ssuming insp tion of one well per day.
Ill. General Terms
A. The Consultant shit a of the following employment practices and
agrees to prohibit thra ices in any subcontracts.
1. To dischargo ire any individual because of their race, color,
religion, sexrigin, disability, age, marital status, gender identity,
or sexual or
2. To discriminateAgainst any indivi ual in terms, conditions, or privileges of
employmentcause of their rack color, religion, sex, national origin,
,
disability, ag marital status, gender i ntity, or sexual orientation.
B. Should the City rminate this Agreement, the C sultant shall be paid for all work
and services p rformed up to the time of terminat n. However, such sums shall
not be greatA than the "lump sum" amount listed Section IV. The City may
terminate is Agreement upon seven (7) calendar ays' written notice to the
Consults
C. This reement shall be binding upon the successors \andgnsof the parties
here$ , provided that no assignment shall be withouten of
of all
Paynes to said Agreement.
D. t is understood and agreed that the retention of the Consultant b the City for the
purpose of the Project shall be as an independent contractor nd shall be
exclusive, but the Consultant shall have the right to employ such sistance as
j may be required for the performance of the Project.
E. It is agreed by the City that all records and files pertaining to informatio\neded y
the Consultant for the project shall be available by said City uponle
request to the Consultant. The City agrees to furnish all reasonable ain
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.
ME
G. At the request of the City, the Consultant shall attend meetings of #ie City Council
relative to the work set forth in this Agreement. Any requests piade by the City
shall be given with reasonable notice to the Consultant to assur attendance.
H. The Consultant agrees to furnish, upon termination of the Agreement and upon
demand by the City, copies of all basic notes and sketc s, charts, computations,
and any other data prepared or obtained by the nsultant pursuant to this
Agreement without cost, and without restrictions or f nation as to the use relative
to specific projects covered under this Agreemen In such event, the Consultant
hall not be liable for the City's use of such docu ents on other projects.
I. Th Consultant agrees to furnish all reports, pecifications, and drawings, with the
seal f a professional engineer affixed th eto or such seal as required by Iowa
law.
J. The City rees to tender the Cons tent all fees in a timely manner, excepting,
however, th failure of the Consul nt to satisfactorily perform in accordance with
this Agreeme shall constitute ounds for the City to withhold payment of the
amount sufficie t to properly complete the Project in accordance with this
Agreement.
K. Should any section X tlyfi Agreement be found invalid, it is agreed that the
remaining portion shall M deemed severable from the invalid portion and continue
in full force and effect.
L. Original contract dings shy become the property of the City. The Consultant
shall be allowed to reprodu ble copies for the Consultant's own filing use,
M. Fees paid fors curing approval of thodties having jurisdiction over the Project
will be paid by a City.
N. Upon signi this agreement, Consultant knowledged that Section 362.5 of the
Iowa Cod prohibits a Clty officer or employe from having an interest in a contract
with the ity, and certifies that no employee o officer of the City, which includes
member of the City Council and City boards a commissions, has an interest,
either erect or indirect, in this agreement, that does of fall within the exceptions to
said § atutory provision enumerated in Section 362.5.
O. Th Consultant agrees at all times material to this Agree�nt to have and maintain
p fe )nal liability insurance covering the Consult is liability for the
onsuitant's negligent acts, errors and omissions to the�ity in the sum of
$1,000,000. \\
IV. Compensatlon for Services
In consideration of the services, work, equipment, supplies, or materials provided herei The City
agrees to pay the Consultant the following NOT -TO -EXCEED FEE (Unit Cos tlTlme arges),
including any authorized reimbursable expenses, pursuant to the Schedule of Fees set rth in
Attachment 1, attached and incorporated herein.
Total Not -To -Exceed Fee: $95,360.00
7-
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 furthr agreed that there are no other considerations or monies contingent upon or
resultin from the execution of this Agreement, that it is the entire Agreement, and that
no other onies or considerations have been solicited.
C. This AgreemXrr
State of Iowa.
brought in a c
hereto hereby
objection as to
brought in an it
For the City
pMformMconsagml.hm
shall be interpreted and enforced in
ny legal proceeding instituted with re
of competent jurisdiction in Johr
u it to personal jurisdiction thea
--nu therein, including any argume�►
raven nt forum.
iccordgAce with the laws of the
pecIA this Agreement shall be
7 o (;ounty, Iowa. The parties
nd irrevocably waive any
that such proceeding has been
por the Consultant
By:If
Title: V..
Ap oved by:
City Attome 's Gffi
S '
Date
90 to 110 labor hours
PHASE I1\ 50 to 70 labor hours, plus
Inspections: I week field effort, plus
Performance tests: 5 weeks field effort
PHASE 111 80 to 108 labor
MAN-HOUR AND RESOURCES ESTIMATE
City of Iowa City Water Division - Collector Well Maintenance Project
HR Green Layne
Key Persotinef x;Brennan- Hardier PE._ Admin *I Huht• Homs il.Labor :-Direct;Costs, I
1 Attend kick off meeting
4
8 12
$1,82400
$2,324
2 Work with WTP to obtain existing data
8
8
$1,488
- $50
$1,538
3 Consider characteristics of Iowa River Aquifer
8
8
$1 8
$1,488
4 Consider physical setting of Iowa River
8
8
1148,8
$1,488
5 Assess performance of 2 well fields and 4 wells
8
8
$11188
$1,488
6 Well pump and hydraulics evaluation
50
54
$8,428
$50
$8,478
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15hase 11 - Performance Testing and Inspection Program
6 Project management, QC(QA, and develop and
12
$2,732
$2,232
implement Testing and Inspection Program
12Z
'
7 Conduct performance pumping tests
4040
$7,440
$500
$7,940
8 Physically inspect each well
1212
$2,232
$47,668
$49,900
9 HR Green effortfor Dive Firm procurement
2020��3,720
$3,720
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9 Prepare a summary report with recommendations 32 2
10 Meet with WTPto discuss deliverable 12
"'SU92. "OT GOFP�aseltT"
-oFPR01ECr- 164 ' , fi
24 4 16 78 $12,532 $12,532
12 $2,232 $2,232
74. .. 4 `;- ' 24.: .', 272$46592 -;$48;768. .,$95;360
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Prepared by: Mary Niichel-Hegwood, Purchasing Agent, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5078
Resolution No. 18-194
Resolution authorizing the award of a contract to
provide Legal Services for the City of Iowa City
Whereas, the City's Purchasing Division issued a Request for Proposal (RFP) for Legal Services
for the City of Iowa City on March 30, 2018; and
Whereas, the City received two proposals in response to the RFP to provide Legal Services in
the areas of employment and labor law, including collective bargaining and labor negotiations,
grievance resolution, PERB compliance, and Civil Service; and
Whereas, an evaluation committee composed of staff from the City's Manager's Office, City
Attorney's Office, and Human Resources reviewed and scored the proposals and selected Ahlers
& Cooney, P.C., of Des Moines, Iowa; and
Whereas, the initial term of the contract will be for a period of five (5) years, with the option to
renew for two (2) additional three (3) year periods; and
Whereas, the City expects to spend at least $30,000 with the potential to spend in excess of
$60,000 over the course of the contract; and
Whereas, funds for this purchase are available in the Human Resource's operating budget
#10210300;and
Whereas, approval of this procurement 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 procurement as described is approved.
2. The City Manager is authorized to take whatever steps are necessary to effectuate future
contract renewals.
Passed and approved this 3rd day of
2018
7
ATTEST:
CI CLERK
It was move by rums and seconded by
AX
rred by
74
City Attorney's Office
Thomas the Resolution be
Resolution No. 18-194
Page 2
adopted, and upon roll call there were:
AYES:
x
x
x
NAYS:
F_ -144 to
Botchway
Cole
Mims
x Salih
Taylor
Thomas
Throgmorton
Request for Proposal 419-15, Page 1 of 7
Section 8 — Agreement for Professional Services
This Agreement for Professional Services ("Agreement") is made this3rd day of July 2018
between Ahlers Cooney, P.C. ("Consultant"), having an office at 100 Court Avenue, Suite 600, Des Moines, IA
50309 and the City of Iowa City, IA ("Client") having an office at 410 E. Washington St, Iowa City, IA 52240.
In consideration of the mutual promises set forth herein, Client and Consultant agree as follows:
1. Consultant's Services
A. Consultant shall perform the professional services ("Services") more fully described in
Exhibit A attached hereto and by this reference incorporated herein. Consultant shall furnish all
labor, materials and supervision necessary to perform the Services.
B. The Consultants shall not commit any of the following employment practices and agree
to prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color, religion, sex,
national origin, disability, age, marital status, gender identity, or sexual orientation.
2. To discriminate against any individual in terns, conditions, or privileges of
employment because of their race, color, religion, sex, national origin, disability, age,
marital status, gender identity, or sexual orientation.
C. It is further agreed that no party to this Agreement, including their employees,
representatives, subcontractors or agents, shall perform contrary to any state, federal, or local
law or any of the ordinances of the City of Iowa City.
D. Consultant agrees to specifically assign the agreed upon professional services to
Michael M. Galloway who shall be the primary attorney, and who may utilize personnel
qualified and/or suitable to perform the Services. Each person assigned to perform any part of
Consultant's obligations hereunder shall be qualified and, if required by law, licensed or
certified to perform such obligations.
2. Compensation
Client shall compensate Consultant for Services rendered in such amounts as described in
Exhibit B.
3. Invoices and payments
A. Not more frequently than once a month Consultant shall invoice Client for its fee.
B. Client shall pay each invoice within thirty (30) days of receipt. However, if
Client objects to all or any portion of any invoice, Client shall so notify Consultant
within fifteen (15) days from receipt, give reasons for the objection, and pay that portion
of the invoice not in dispute within thirty (30) days of receipt of the invoice. Unless
otherwise directed in writing, all invoices shall be submitted for payment to the
following address:
City of Iowa City, Iowa
Attn: Karen Jennings, HR Administrator
410 E. Washington St.
Iowa City, IA 52240
Request for Proposal #19-15, Page 2 of 7
4. Independent Consultant Status and Subcontractors
Consultant will act solely as an independent contractor in performing the Services, and nothing
herein will at any time be construed to create the relationship of employer and employee,
principal and agent, partners, or joint venturers between Client and Consultant, or Client's and
Consultant's officers, directors, partners, elected officials, managers, employees or agents.
Consultant shall be solely responsible for the compensations, benefits, worker's compensation,
contributions, withholdings and taxes, if any, of its employees, subcontractors and agents.
5. Insurance and Third Party Beneficiaries
A. The Consultant agrees at all times material to this Agreement to have and maintain
professional liability insurance which covers the Consultant's liability for the Consultant's
negligent acts, errors or omissions to the City in the sum of $1,0oo,000.
B. This Agreement shall not be construed to create a duty or liability to any party who is
not a signatory party to this agreement, it being the intention ofthe parties hereto that their duties
and obligations are to each other and not for the benefit of or for third party beneficiaries.
6. Confidentiality
Consultant shall treat as confidential property and not disclose to others during or subsequent
to the term of this Agreement, except as necessary to perform this Agreement (and then only on
a confidential basis satisfactory to both parties), any information and documents (including
without limitation any environmental information, reports, data, or financial information) which
may be delivered to Consultant by Client.
Nothing above, however, shall prevent Consultant from disclosing to others or using in any
manner information that Consultant can demonstrate:
A. Has been published and has become part of the public domain other than by acts,
omissions or fault of Consultant, their employees, agents, contractors and/or
consultants; or,
B. Has been furnished or made known to Consultant by a third party (other than those
acting directly or indirectly for or on behalf of Consultant or Client) as a matter of
legal right without restrictions on its disclosure; or,
C. Was in Consultant's possession prior to the date of this agreement and/or prior to
the date of disclosure thereof by Client.
D. Must be disclosed pursuant to any statute, law, regulation, ordinance, order or
decree of any governmental authority having jurisdiction over Consultant or any of
its employees, agents, contractors and/or consultants.
Term and Termination of Agreement
Unless otherwise earlier terminated pursuant to this contract, this Agreement shall remain in
full force and effect for five (5) years following the date of its execution by the City.
Termination of this Agreement shall discharge only those obligations that are executory by
either party on and after the effective date of termination. Any right or duty of a party based on
Request for Proposal #19-15, Page 3 of 7
either performance or a breach of this Agreement, prior to the effective date of termination, shall
survive.
A. Client reserves the right to terminate this Agreement at any time; with or without
cause, upon delivery of written notice to Consultant, even though Consultant is not
in default. If Client terminates this Agreement pursuant to this paragraph, Client
shall compensate Consultant, at the monthly rate contained in Exhibit B, for all
monthly periods completed by Consultant, and any subsequent monthly period in
which Consultant has performed services for client, up to and including the month
of termination.
B. Consultant shall have the right to terminate its obligations pursuant to this
Agreement if one of the following conditions exists and it has not been remedied
or cured within thirty (30) days of Client's receipt of written notice of such
condition:
A substantial breach of any material obligation of client under this
Agreement; or
ii. If Consultant is unable for any reason beyond its control to perform its
obligations pursuant to this Agreement in a safe, lawful and professional
manner. It is expressly understood that license and/or registration
requirements are within the control of Consultant.
Upon Consultant's termination of its obligations, Client shall pay all actual
expenses and charges as of the date of termination, which charges and
expenses shall not continue to accrue after Client receives Consultant's
notice of termination. In no event will said expenses and charges exceed
the not -to -exceed figures included in Exhibit B.
C. The termination of this Agreement under the provisions of this Article 7 shall not
affect the rights of either party with respect to any damages it has suffered as a
result of any breach of this Agreement, nor shall it affect the rights or obligations
of either party with respect to liability or claims accrued, or arising out of events
occurring or conditions existing, prior to the date of termination, all of which shall
survive such termination.
8. Disclosure of Client Relationships
Consultant agrees to perform a conflict check to ascertain whether any conflict exists in file
representation of the City in these matters. Specifically, the City currently negotiates with the
following collective bargaining units: The American Federation of State, County and
Municipal Employees Local 4183, AFL-CIO; the Police Labor Relations Organization of
Iowa City; and the Iowa City Association of Professional Fire Fighters IAFF, AFL-CIO, Local
#610.
9. Waiver
A Waiver on the part of the Client or Consultant of any term, provision or condition of this
Agreement shall not constitute a precedent or bind either Party to a waiver of any succeeding
breach of the same or any other term, provision or condition of this Agreement.
Request for Proposal 419-I5, Page 4 of 7
10.
11.
12.
13.
Entire Agreement
This Agreement, including any Exhibits, the Request for Proposal, and Consultant Proposal,
constitute the entire Agreement between Consultant and Client. In the event of conflict between
these documents, this Agreement shall prevail. These documents supersede all prior or
contemporaneous communications, representations or agreements, whether oral or written,
relating to the Services set forth in this Agreement. This Agreement may be amended only by
a written instrument signed by both parties. The captions in this Agreement are for convenience
in identification of the several provisions and shall not constitute a part of this Agreement nor
be considered interpretative thereof.
Assignment
This Agreement shall be binding upon the successors or assigns of the parties hereto. However,
this Agreement shall not be assigned by either party without first obtaining the written consent
of the other.
Severability
Every paragraph, part, term or provision of this Agreement is severable from the others. If any
paragraph, part, term or provision of this Agreement is construed or held to be void, invalid or
unenforceable by order, decree or judgment of a court of competent jurisdiction, the remaining
paragraphs, parts, terms and provisions of this Agreement shall not be affected thereby but shall
remain in full force and effect.
Notices
Any information or notices required to be given in writing under this Agreement shall be
deemed to have been sufficiently given if delivered either personally or by certified mail (return
receipt requested, postage prepaid), to the address of the respective party set forth below, or to
such other address for either party as that party may designate by written notice.
For the Client:
Karen Jennings
Human Resources Administrator
City of Iowa City
410 E. Washington St.
Iowa City, IA 52240
14. General Terms
For the Consultant:
Michael M. Galloway
Shareholder
Ablers & Cooney, P.C.
100 Court Avenue, Suite 600
Des Moines, IA 50309
A. The Consultant agrees to furnish, upon termination of this Agreement and upon demand
by the City, without cost, copies of all data prepared or obtained by the Consultant
pursuant to this Agreement, without restrictions or limitation as to the use relative to
specific projects covered under this Agreement. In such event, the Consultants shall not
be liable for the City's use of such documents on other projects.
B. 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
Request for Proposal #19-15, Page 5 of 7
this agreement, that does not fall within the exceptions to said statutory provision
enumerated in Iowa Code Section 362.5.
C. The Consultant has completed the City's Wage Theft Affidavit. If Client becomes aware that
Consultant (including an owner of more than 25% of the entity) has admitted guilt or liability
or been adjudicated guilty or liable in any judicial or administrative proceeding of committing
a repeated or %Nillful violation of the Iowa Wage Payment Collection Law, the Iowa Minimum
Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local
ordinance, which governs the payment of wages, within the five (5) year period prior to the
award or at any time after the award, such violation shall constitute a default under this
Agreement.
D. No modifications to the Scope of Services or other contract terms can be made without the
written consent of both parties. Authority to approve changes from the Client side is vested
solely with the City Manager.
15. Governing Law
This Agreement shall be governed and interpreted pursuant to the laws of the State of Iowa.
In Witness Whereof, the Client and Consultant have caused this Agreement to be executed by
their duly authorized representatives, as follows:
Client:
City of Iow ity
By:
Jim A. Thromnorfl
Clerk
City Attorney
Consultant:
Ahlers
a
Request for Proposal #18-43, Page 6 of 7
Exhibit A
City of Iowa City, Iowa
Legal Services
Scone of Services:
The areas for which the City seeks possible legal services require the Proposer to have expertise/experience in, but not
limited to:
1) Broad knowledge of municipal law and government operations;
2) Employment and labor law;
3) Collective bargaining;
4) Grievance resolution;
5) Iowa Public Employment Relations Board rules and proceedings;
6) Iowa Civil Service statute;
7) Complex personnel matters.
Request for Proposal 1118-43, Page 7 of 7
Exhibit B
Compensation
The submitted pricing contained herein includes all of the costs required to perform the tasks to complete the project in
full. These costs include, but are not limited to, hourly labor costs for any and all Proposer employee or agent whose work
would be billed to the City, and all materials, equipment, and travel (time, mileage or flights, lodging, etc.) to be billed as
part of this contract. These costs will be paid by the City upon invoicing after the completion of each month.
Attorney Fees: Michael Gallloway $240 per hour
Ann Smisek $195 per hour
Aaron Hilligas $190 per hour
All services itemized on a daily basis and billed in increments of 1/10 an hour.
Mileage Rates: Billed at Federally approved (IRS) rate (currently $.0545 per mile)
Copy Rates: $0.15 per page
Filing and Lodging Fees: Billed at actual expenses
Billing: 10 of each month for services provided through the 19t" of the preceding month
r 1 CITY OF IOWA CI
-r� COUNCIL ACTION REP 2d(10)
May 24, 2018
Resolution authorizing the award of a contract to provide Legal Services
for the City of Iowa City
Prepared By: Mary Michel, Purchasing Agent
Reviewed By: Ashley Monroe, Assistant City Manager
Karen Jennings, Human Resources Administrator
Fiscal Impact: $30,000-$60,000+
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution and Agreement for Professional Services
Executive Summary:
The City has conducted a request for proposals for legal services in the areas of employment
and labor law including collective bargaining and labor negotiations, grievance resolution,
Public Employment Labor Relations Board (PERB) compliance and Civil Service compliance.
The recommended vendor after the Request for Proposal (RFP) process is Ahlers & Cooney,
P.C. of Des Moines. The contract is a five-year contract with the option to renew the contract
for two additional three-year periods.
Background / Analysis:
The City received proposals from two law firms and distributed them to an evaluation committee
of staff from the City Manager's Office, the City Attorney's Office, and Human Resources. The
evaluation committee performed a thorough evaluation of each proposal based on experience,
company history, qualifications/personnel, references, proposed performance of services, and
project costs and followed this review with interviews and reference checks. After this
assessment, the evaluation committee recommends Ahlers & Cooney, P.C., of Des Moines, to
receive the award to provide Legal Services to the City of Iowa City. Ahlers & Cooney has
extensive experience and expertise in the field of public sector labor relations, representing
numerous cities, counties, school districts in the state and both the State Board of Regents and
University of Iowa Health Care.
The initial term of the contract will be approximately July 2018 through June 2023. The City
utilizes these legal services on an as needed basis and the contract includes hourly rates. The
City's costs for legal services is difficult to project given that the number of collective bargaining
agreements to be negotiated and number/nature of labor issues over the course of the contract
are unknown. However, given that the City's three labor contracts will expire over the course
of this agreement one could expect that the City will spend at least $30,000 with the potential
to spend in excess of $60,000 over the course of the contract. For that reason, staff is seeking
Council approval of this contract.
Funds for the Legal Services contract are available in the Human Resources operating budget
account 10210300. This resolution authorizes the award of the contract and authorizes the City
Manager to effectuate future contract renewals.
Prepared by: Susan Dulek, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)3565030
RESOLUTION NO. 18-195
Resolution adopting the procedural rules of the Board of Adjustment
and rescinding Resolution No. 17-95.
Whereas, in Ordinance No. 18-4749 (codified at Section 14 -7A -2E), City Council
amended the Board of Adjustment code provision to provide for an alternate member
should a member recuse him/herself for a conflict of interest in an appeal from an
administrative decision;
Whereas, the procedural rules (aka, the by-laws) of the Board of Adjustment need to be
changed to reflect Ordinance No. 18-4749; and
Whereas, the current procedural rules were approved in Resolution No. 17-95.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The attached Procedural Rules of the Board of Adjustment are approved and
adopted by the City Council.
2. Resolution No. 17-95 is rescinded.
Passed and approved this 3rd day of July 2018.
M yor
Attest:
City Clerk
Approved By:
� � ICD 6 -(r _ t,p
City Attorney's Office
Resolution No.
Page 2
18-195
It was moved by Mims and seconded by Thomas
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
x
WWW
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
the
PROCEDURAL RULES
Iowa City Board of Adjustment
Aprill201- July 2018
ARTICLE I. AUTHORITY:
The Iowa City Board of Adjustment shall have that authority which is conferred by
Chapter 414 of the Code of Iowa; City Code Title 14, Chapter 7, entitled "Administration,"
Article A, entitled "Board of Adjustment," and through the adoption of these procedural
rules stated herein.
ARTICLE II. MEMBERSHIP:
Section 1. Qualifications. The Board of Adjustment shall consist of five (5) members
appointed by the City Council. All members of the Board shall be residents of Iowa City,
Iowa. A majority of the members of the Board shall be persons representing the public at
large and shall not be involved in the business of purchasing or selling real estate.
Section 2. Compensation. Members shall serve without compensation, but may be
reimbursed for expenses incurred for travel outside the city on designated Board
business. Such expenses must be submitted to the City Manager.
Section 3. Orientation for New Members. Prior to the first regular meeting following
their appointment, each new member shall be shall be given an orientation briefing by
City staff and be provided with the Board's procedural rules and other information that
may be useful to Board members in carrying out their duties. The City Zoning Chapter
and the Comprehensive Plan are available on line.
Section 4. Absences. Three consecutive unexplained absences of a Board member
from regular Board meetings may result in a recommendation to the City Council from
the Board to discharge said member and appoint a new Board member. Members shall
be removable for cause by the City Council upon written charges after a public hearing.
Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-
term illness, disqualification, or removal shall be filled for the unexpired term by the City
Council after at least thirty (30) calendar days of public notice of the vacancy as required
by law.
Section 6. Terms. Members shall be appointed for terms of five years. No members
shall be appointed to succeed themselves. However, a member appointed to fill an
unexpired term with one year or less remaining may also be appointed concurrently for
one full five (5) year term.
Section 7. Resignations. Resignation should be submitted in writing to the Board
Secretary, who will transmit the resignation to the City Council with copies to the City
Manager, the Director of Neighborhood and Development Services, and the Board
Chairperson, preferably at least sixty (60) days prior to the date of intended departure.
Section 8. Temporary Alternate. An alternate member, if available shall be appointed as
a¢emate is nerepv appointed to do so.
ARTICLE Ill. OFFICERS:
Section 1. Number. The officers of the Board shall be a Chairperson and a Vice -
Chairperson, each of whom shall be elected by a majority vote of the members of the
Board. The Board Secretary shall be a staff person, who is appointed by the Director of
Planning and Community Development.
Section 2. Election and Term of Office. The Chairperson and Vice -Chairperson shall
be elected annually at the first regular meeting of the Board each year.
Section 3. Vacancies. A vacancy in the office of Chairperson or Vice -Chairperson
because of death, resignation, removal, disqualification, or other cause shall be filled by
election from the members of the Board for the unexpired portion of the term.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings,
call special meetings, and in general perform all duties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to
time. Such Chairperson may administer oaths and compel the attendance of witnesses.
Section 5. Vice -Chairperson. When the Chairperson is absent or abstaining, the Vice -
Chairperson shall perform the duties of the Chairperson and shall have all the powers of
and be subject to all the restrictions upon the Chairperson.
Section 6. Acting Chairperson. In the absence and/or due to the abstention of both the
Chairperson and Vice -Chairperson, the remaining three-member Board may elect a
member to serve as Acting Chairperson. The Acting Chairperson shall perform the
duties of the Chairperson and when so acting shall have all the powers of and be subject
to all the restrictions upon the Chairperson.
Section 7. Secretary. The appointed staff person, who serves as the Board's Secretary,
shall be responsible for maintaining the office of the Board, receiving and filing Board
decisions and orders, posting and publishing notices as required by law, and for
maintaining minutes and other records of the Board's proceedings.
ARTICLE IV. APPLICATIONS:
Section 1. Application Forms. Any application for a request or appeal to the Board of
Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the
Board. The Secretary's office is located in the Department of Neighborhood and
Development Services. Forms are available in the office of the City Clerk and on the
City's website. In the appropriate cases, the Building Inspector shall transmit to the
Secretary all documents constituting a record, upon which the Board shall act.
Section 2. Application Submittal. Appeals to the Board shall be filed with the City Clerk
within a reasonable time period, not to exceed thirty (30) calendar days after the action
appealed from, and shall specify the grounds for such appeal. An appeal from a decision
by the Building Inspector to issue a building permit shall not be deemed to have been
filed within a reasonable time if such appeal is filed more than ten (10) business days
after construction work pursuant to such permit is observable from adjacent properties of
the public right-of-way or ten (10) business days after an alleged violation of the zoning
code is similarly observable. Applicants may appeal an approval or a denial of a
Certificate of Appropriateness from the Historic Preservation Commission within a
conservation district by filing a letter with the City Clerk within ten (10) business days
after a Resolution of Denial is filed by the Commission.
Section 3. Application Filing Fee. The applicant shall complete the required forms,
providing all information requested on the form, and any additional information as
requested by the Secretary of the Board. A filing fee shall be paid upon presentation of
the application. Application fees are established by resolution of the City Council.
Section 4. Party of Interest. Requests for a variance or special exception must be filed
on behalf of the real party in interest, such as the owner or contract purchaser.
Section 5. Case Number. An application filed according to the above procedure shall be
given a case number within five (5) business days of the filing date. Case numbers will
be assigned according to the order in which applications are received.
ARTICLE V. NOTICE:
Section 1. Notice Letters. No less than seven (7) business days prior to the public
hearing, the Secretary of the Board shall send notice by mail to all property owners of
record within 300 feet of the subject properly. Such notice shall include a description of
the action requested along with the time and location of the meeting. The applicant shall
be formally notified of the time and place of the hearing, in writing, by the Secretary of
the Board.
Section 2. Newspaper Notice. Notice of the time and place of public hearings shall be
published in a newspaper of general circulation not more than twenty (20) calendar day
nor less than seven (7) business days prior to the hearing. It shall contain the street
address or location of the property and a brief description of the nature of the application
or appeal.
Section 3. Notice Sign. No less than seven (7) business days prior to the public hearing,
the Applicant shall post a sign on or near the property upon which the application is
being made, and shall remove the sign immediately following the public hearing on the
application. The sign will be provided to the applicant(s) by the Board Secretary.
ARTICLE VI. HEARING:
Section 1. Regular Hearings. Hearings will be held as needed at a regular time and
place to be set by the members of the Board.
Section 2. Special Hearings. Special hearings or meetings of the Board may be called
by the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the
request of three (3) or more members of the Board.
Section 3. Place of Hearings. All hearings and meetings of the Board shall be open to
the public and shall be in a place accessible to people with disabilities.
Section 4. Quorum. Three members of the Board shall constitute a quorum
Section 5. Applicant Representation. The applicant may, at the time of the public
hearing, appear on their own behalf and be represented by agent and/or counsel. The
applicant or their representative may present oral argument and testimony; witnesses,
including experts; and may submit written evidence and exhibits in the form of
statements, photos, charts, or other relevant evidence. In the absence of the applicant or
their representative(s), the Board may proceed to act on the matter based on the
information provided.
Section 6. Briefs. The Board may request written briefs for legal argument. Applicants
may submit written briefs if they so choose.
Section 7. Conduct of Hearing. Order and decorum shall be maintained at the hearing
by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of
evidence wherever possible. The Chair may swear witnesses and direct order of
testimony. The Chair shall avoid testimony that is overly redundant. The Chair may
provide for recesses during the deliberation, as appropriate.
Any Board member who has a legal conflict of interest shall recuse him/ herself from the
decision-making process. A member who has a legal conflict of interest or otherwise
elects to recuse him/herself due to a perceived conflict of interest shall state the reason
for recusal prior to discussion of the matter under consideration and may choose to
leave the meeting room for the duration of the proceedings for that application.
Section 8. Hearing Order. The order of hearing shall be as follows:
1. Staff presentation of the facts of the case and recommendation to the board.
2. Statement by proponents of the application.
3. Statement by opponents of the application.
4. Rebuttal by proponents and then by opponents.
5. General discussion by the Board.
Section 9. Board Deliberation. After all parties have been heard, the public hearing will
be declared closed so that the Board may deliberate the case. The Board must state
findings of fact and conclusions of law. These facts and legal conclusions must be set
forth in writing as required by Iowa Law. The Board may request additional comments
from the participants. An application may be deferred or withdrawn at the request of the
applicant at any time before a decision is made by the Board.
Section 10. Board Motions. Motions may be made and seconded by any member of the
Board other than the Chair. Motions are always made in the affirmative, approving the
requested action.
Section 11. Board Voting. After a motion and discussion, the Board shall be polled for
votes. A board member may abstain from voting, which is a non -vote. The concurring
vote of three (3) members of the Board shall be required to uphold an appeal, to decide
in favor of a special exception, or to grant a variance.
Voting on Board decisions will be by roll call and will be recorded by yeas and nays.
Proxy votes are not allowed.
Section 12. Legal Advisor. The City Attorney or a designated representative shall act as
legal counsel to the Board.
Section 13. Conduct of Meetings. Except as otherwise provided herein, Roberts Rules
of Order Newly Revised shall be used to conduct Board hearings and meetings.
ARTICLE VII. RECORDS:
Section 1. Record of Hearings. Audio recordings shall be made for all hearings and
such recordings shall be kept for a period of no less than six (6) weeks. Minutes shall be
produced from such recordings, and forwarded to the City Council after approval by the
Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of
the Board, and shall also be on file at the City Clerk's office. The applicant may request
a court reporter at the applicant's own expense.
Section 2. Case Files. The Secretary of the Board shall keep a file of all cases, including
forms and additional information. Said file shall be a public record and available for
public inspection during business hours. Copies may be made available upon request, at
cost.
Section 3. Transcript. Upon request, a transcript or the audio recording of the Board's
deliberation will be made, at cost to the requestor. In the case of an appeal to district
court there is no charge for the transcript.
ARTICLE VIII. DECISIONS:
Section 1. Whenever possible, decisions by the Board shall be made at the same
hearing wherein the testimony and presentation of evidence are considered.
Section 2. Formal decisions shall be made in writing, setting forth findings of fact and
conclusions of law as required by Iowa law.
Section 3. Each decision shall be filed with the City Clerk within a reasonable time after
the Board hearing, and shall be stamped by the Clerk to indicate the date and time of
filing. The Clerk will forward the decision to the Johnson County Recorder's Office, for
recording at the city's expense.
Section 4.
A copy of said decision shall be forwarded by the Secretary of the Board to the
applicant, the Building Inspector, the City Attorney's Office, and any Attorney of Record
within a reasonable time after filing with the City Clerk.
Section 5.
Reconsideration: Upon written request, the Board may reconsider a decision on a
special exception or variance application. A request for reconsideration must be made
within ten (10) business days of the meeting at which a vote on the application was
originally taken and shall articulate and be based on evidence that was not presented or
was unavailable at the time of the original hearing. A motion to reconsider must be made
at the subsequent meeting by a member of the Board who voted on the prevailing side.
If a motion to reconsider is approved, the application will be placed on the agenda of the
next meeting in order to satisfy the requirement for public notice and hearing. No
decision may be reconsidered more than once. Appeals to the Board may not be
reconsidered.
ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES.
Section 1. A concurring vote of three (3) of the members of the Board shall be necessary
to amend these procedural rules. Such proposed amendments shall be presented in
writing at any regular meeting or at any special meeting called for that purpose.
Amendments shall go into effect upon approval by the City Council.
CITY OF IOWA CITY
COUNCIL ACTION REPO 2ii
July 3, 2018
Resolution adopting the procedural rules of the Board of Adjustment and
rescinding Resolution No. 17-95.
Prepared By: Sue Dulek, Assistant City Attorney
Reviewed By: Geoff Fruin, City Manager
Sarah Walz, Planner
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Procedural Rules
Executive Summary:
In Ordinance No. 18-4749 (codified at Section 14 -7A -2E), City Council amended a
Board of Adjustment (BOA) code provision to provide for an alternate member should a
member recuse him/herself for a conflict of interest in an appeal from an administrative
decision. The procedural rules for the BOA (aka, the by-laws) attached to the resolution
are amended by adding the exact language of Ordinance No. 18-4749.
Background /
Analysis:
The BOA has 5 members and state law requires 3 members to be present to conduct
business and a concurring vote of 3 member to reverse an administrative decision. If
there is a recusal for a conflict of interest, the BOA could be left with 4 members (or 3 if
2 members are conflicted) to hear and decide an appeal from an administrative
decision. In Ordinance No. 18-4749 Council amended the City Code to provide for an
alternate BOA member should a member recuse him/herself for a conflict of interest in
an appeal from an administrative decision.
The change to the procedural rules consists only of adding the exact language of
Ordinance No. 18-4749. Because the proposed change to the rules resulted from an
ordinance, the BOA did not consider and vote on this change, but staff informed the
members at the May 9 BOA meeting that the rules change would be going before
Council. Similarly, the proposed change was not presented to the Rules Committee.
The current procedural rules were approved in Resolution No. 17-95.
Prepared by: Susan Craig, 123 S. Linn St., Iowa City, IA 52240 (319) 356-5241
RESOLUTION NO. 18-196
Resolution amending the budgeted positions in the Iowa City Public Library by deleting
one .75 FTE Library Clerk position, adding one .5 FTE Library Assistant II position, and
increasing one Maintenance Worker I position from .5 FTE to .63 FTE.
Whereas, Resolution No. 18-63, adopted by the City Council on March 6, 2018 authorized
budgeted positions in the Iowa City Public Library for Fiscal Year 2019; and
WHEREAS, a staff vacancy provides an opportunity to adjust positions to better meet the needs
of the Library; and
WHEREAS, many clerical tasks are now managed through technology and higher-level skills
are needed to support digital initiatives; and
WHEREAS, additional hours are needed for building cleaning and maintenance.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
The budgeted positions in the Iowa City Public Library be amended by:
1. Deleting one .75 FTE Library Clerk position, AFSCME grade 4.
2. Adding one .5 FTE Library Assistant II position, AFSCME grade 7.
3. Increasing one Maintenance Worker I -Library position from .5 FTE to .63 FTE,
AFSCME grade 2.
Passed and approved this 3rd day of July , 20 18
/,.,- �4:Z�_
m4fol
Approved by //c
Attest: ' �' �/ / //��
City Clerk City Attorneys Office
It was moved by Mims and seconded by Thomas the Resolution be adopted,
and upon roll call there were:
AYES:
NAYS:
ABSENT:
—x Botchway
% Cole
% Mims
X Salih
x Taylor
x Thomas
x Throgmorton
CITY OF IOWA CI
COUNCIL ACTION REP=
July 3, 2018
Resolution amending the budgeted positions at the Iowa City Public
Library by eliminating one .75 FTE Library Clerk, adding one .5 FTE
Library Assistant Il, and adding .13 FTE to an existing .5 Maintenance
Worker I.
Prepared By: Susan Craig, Library Director
Reviewed By: Karen Jennings, Human Resources Administrator
Ashley Monroe, Assistant City Manager
Fiscal Impact: Net gain of $6,524
Recommendations: Staff: Approval
Commission: NA
Attachments: Resolution
Executive Summary:
A retirement allows an opportunity to make changes to current positions. The Library has less
need for clerical level staff due to changes in technology and increased need for staff to provide
support for digital collection initiatives and for staff to provide ongoing cleaning and
maintenance.
Background /Analysis:
Due to a retirement at a .75 FTE Library Clerk position, the Library requests that positions be
changed to reflect current needs. Many clerical job tasks are now managed through technology,
reducing the need for clerical hours. The Library Clerk position will be replaced with a new half-
time Library Assistant II position that provides support for digital collection initiatives and works
on a public service desk.
With a building open sixty-seven hours, seven days a week, averaging over 15,000 visitors a
week, providing proper cleaning and maintenance is an ongoing challenge and we propose
increasing Maintenance staff by five hours a week.
The proposed changes reflect an overall decrease in permanent library staff of five hours per
week. The budget impact is an estimated net increase of $6,524.
Prepared by: Bill Campbell, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5286
Resolution number: 18-197
Resolution amending the budgeted positions in the Animal Services Division of the
Police Department and the Administrative pay plan by deleting one full-time Animal
Services Supervisor position and adding one full-time Animal Services Coordinator
position.
Whereas, Resolution No. 18-63, adopted by the City Council on March 6, 2018 authorized
budgeted positions in the Animal Services Division of the Police Department for Fiscal Year
2019; and
Whereas, Resolution No. 17-14, adopted by the City Council on January 3, 2017 established a
classification and compensation plan for Administrative employees; and
Whereas, the duties and responsibilities of the position have been reviewed in preparation for
the recruitment of a new staff member and grade 29 of the Administrative pay plan has been
determined to be the appropriate classification; and
Whereas, the job title Animal Services Coordinator more accurately represents the role of the
position.
Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
The budgeted positions in the Animal Services Division of the Police Department be amended
by:
1. Deleting one full-time Animal Services Supervisor position.
2. Adding one full-time Animal Services Coordinator position.
The Administrative pay plan be amended by:
1. Deleting the position of Animal Services Supervisor, grade 27.
2. Adding the position of Animal Services Coordinator, grade 29.
Passed and approved this 3rd day of July 2018
L.
Mdfor 000,
Attest
ity Clerk
7Apoved by
City Attorney's Office
Resolution No. 18-197
Page 2
It was moved by trims and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Botchway
x
Cole
x
Mims
x Salih
x
Taylor
x
Thomas
x
Throgmorton
Ir CITY OF IOWA CI
COUNCIL ACTION REP 2d(13)
July 3, 2018
Resolution amending the budgeted positions in the Animal Services
Division of the Police Department and the Administrative pay plan by
deleting one full-time Animal Services Supervisor position and adding one
full-time Animal Services Coordinator position.
Prepared By: Bill Campbell, Police Captain
Reviewed By: Jody Matherly, Police Chief
Geoff Fruin, City Manager
Fiscal Impact: The resulting increase in personnel expenditures by reclassifying this
new position from pay Grade 27 to Grade 29 ranges from a $12,085.93
increase at pay Step 1, to a $16,287.49 increase at pay Step 10.
Recommendations: Staff: Approval
Commission: N/A
Attachments: 1. Animal Services Coordinator— Resolution
2. Animal Services Coordinator - Job Description
(additional responsibilities and duties shown in red)
3. FY19 Animal Services Coordinator - Fiscal Impact
Executive Summary:
A review of the duties and responsibilities involved in overseeing Animal Services operations
has prompted reclassification and retitling of this position. The replacement of the Animal
Services Supervisor with an Animal Services Coordinator better reflects the depth and scope of
that position.
The attached job description outlines the duties and responsibilities of the new position, with
additions shown in red. Several of these additions involve coordination with outside agencies,
political entities and fundraising groups that the Animal Services Coordinator is directly
responsible for. The position also has significant responsibilities in regards to capital
improvements, specifically surrounding the Animal Shelter and Adoption Center.
Staff recommends the reclassification, retitling and subsequent increase in pay grade.
CITY OF IOWA CITY - Job Description
Job Class #2,729-4-9XX FLSA Exempt
Non -Civil Service
Identification
Position Title: Animal Services SupeAriseFCoordinator
Department: Police
Division: Animal Services
Supervisor: Police Captain
Job Summary
Directs, manages and supervises the Animal Services Enforcement Staff and the Animal Care and
Adoption Center for Iowa City Police Department.
Job Scope
Directly supervises five permanent employees and additional hourly employees. Prepares budget
projection figures and program estimates for Animal Services. Maintains agreements with donor
organizations. Manages agreements for government entities that contract for animal services. Ensures
compliance with state inspectors and animal welfare rules.
Essential Job Duties and Responsibilities
MONITORS revenue and expenses in relation to annual budget and responsible for all billings and
depositing of all monies.
PLANS. DIRECTS and SUPERVISES animal enforcement officers to include training. Drocedures and
compliance.
DEVELOPS, REVIEWS and MAINTAINS the policies, procedures and guidelines for the Animal Care
and Adoption Center.
RESPONDS to, INVESTIGATES and RESOLVES inquiries and complaints.
ASSIGNS, MONITORS and REVIEWS work assignments of staff.
PREPARES all schedules and rosters.
MAKES daily inspection of Animal Center areas to ensure work is accomplished, animals are cared
for and facility is sanitary.
ASSURES compliance with local and state law regulations and standards.
MONITORS safety compliance of staff and volunteers.
PREPARES and REVIEWS variety of division reports including documentation of division activity for
various parties.
Job Class #2729-TBXX Administrative Services
MAINTAINS controlled substance records and RENEWS license yearly.
COORDINATES maintenance of facilities, grounds and vehicles.
PLANS and IMPLEMENTS capital improvement projects, CIPs and capital outlay activities.
OVERSEES approved facility expansion or enhancement projects
INTERVIEWS, RECOMMENDS hiring, TRAINS, SUPERVISES and EVALUATES division staff; and
RECOMMENDS discipline of employees as necessary providing regular, on-going feedback and timely
evaluations.
OVERSEES the intake, treatment, care, adoption or euthanasia of animals.
PERFORMS euthanasia duties as required.
DEVELOPS and IMPLEMENTS education programs regarding responsible animal care and ownership.
MONITORS and EVALUATES euthanasia protocols to insure proper techniques are used.
WORKS directly with veterinarian, ensuring medical protocols are carried out.
DETERMINES rehabilitation, release or placement for wild and exotic animals.
OVERSEES all inventories and ordering of shelter supplies and equipment.
DRAFTS animal control ordinances, amendments and resolutions as required.
ACTS as primary contact or liaison to the city council, other government agencies, contracted
entities, media outlets and general public with regard to Animal Services division.
RESEARCH PREPARES and PRESENTS statistics and data for appropriate wildlife management
and response.
DEVELOPS and MAINTAINS cooperative work relationships and mutual aid agreements with other
community agencies entities and organizations.
FULFILLS speaking engagements and PREPARES media releases as needed.
PROVIDES staff support to the Friends of the Animal Center Foundation to include attendance at
monthly meetings.
MAINTAINS emergency disaster response plan and equipment for animals in Johnson County.
DIRECTS animal response in disasters.
OVERSEES the Animal Services volunteer, internship, and foster care programs
CONDUCTS self in a manner which PROMOTES and SUPPORTS diversity and inclusivity in the
Page 2 Updated 8/31/2016
Job Class #2729-1-OXX Administrative Services
workplace and community.
PERFORMS other related duties as assigned.
Physical and Environmental Conditions
The physical demands and work environment conditions described here are representative of those
that must be met by an employee to successfully perform the essential functions of this job and are
encountered while performing those essential functions. Reasonable accommodations may be made
to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is regularly required to stand; walk; use hands
to finger, handle, feel or grip firmly; reach with hands and arms; and stoop, kneel, crouch, bend,
climb, crawl or balance. The employee frequently is required to talk, hear, and smell. The employee
is occasionally required to sit, climb or balance. The employee must frequently (34-66% of the
workday or maximum 1 lift, push, pull, carry, or move every two minutes) up to 25 pounds,
occasionally (11-33% of the workday or maximum 1 lift, push, pull, carry, or move every 30 minutes)
up to 50 pounds, infrequently (0-10% of the workday or maximum 1 lift, push, pull, or carry, or move
every hour) more than 100 pounds with assistance. Specific vision abilities required by this job
include close vision, distance vision, color vision, peripheral vision, depth perception, and ability to
adjust focus. Hand dexterity, balance and strength are essential in performing treatments on animals
and during animal handling.
While performing the duties of this job, the employee is required to work closely with both domestic
and wild animals and will be exposed to related hazards. The employee is regularly exposed to
communicable and Zoonotic diseases, wet and/or humid conditions, fumes or airborne particles, and
toxic or caustic chemicals. The employee is frequently exposed to outside weather conditions;
freezing ice and cold, slippery conditions and extreme heat. The employee is occasionally exposed to
moving mechanical parts and high, precarious places. The employee may be exposed to biohazards.
The noise level in the work environment is usually very loud
Minimum Education, Experience and Certification
Associate's degree in animal services or a related field from an educational institution accredited by a
DOE recognized accreditation body required. Five years' experience in animal services or a related field
required. Or equivalent combination of education and experience. Successful candidate must
demonstrate strong organizational, financial, supervisory, management and customer service skills.
Certified Veterinary Technician and/or equivalent experience or education in an animal related field
required. Euthanasia Technician Certification required. Must live within 17 miles of the corporate limits of
Iowa City, Iowa within one year of appointment to the position. Valid driver's license with satisfactory
driving record required. Must be 18 years of age per Iowa Code 92.8. Must pass criminal background
check.
Preferred Education. Experience and Certification
Bachelor's degree in animal services business management or related field preferred. Additional
specialized training in related field preferred. Positive reinforcement dog training and behavior
experience preferred.
Page 3 Updated 8/31/2016
II Job Class #2-729-1-9XX Administrative Services
Knowledue, Skills, and Abilities
Knowledge of City ordinances and State and Federal laws relating to animal control. Knowledge of
animal behavior, health and welfare. Knowledge of the equipment necessary to restrain animals such
as catch poles, trucks, and various traps and cages. Skills in math necessary in computing and
maintaining various records. Skills in oral and written communication and in the operation and
maintenance of a number of office machines and communication equipment. Ability to read and
understand manuals and state and other regulations in order to record work activities, complete
required records or provide information to the public. Must be able to work in a very busy, hectic, high
stress environment. Must have the ability to multi -task, prioritize, and effectively delegate. Must be able
to and work directly with the public in very emotional, sometimes highly charged environment. Must be
able to disseminate educational information to the public relating to the centers mission. Must have
excellent public relations experience, be public service oriented and believe in the mission of the
division.
The above statements are intended to describe the general nature and level of work being performed by
individuals assigned to this job. They are not intended to be an exhaustive list of all responsibilities, duties,
and skills required of personnel so classified in this position.
Page 4 Updated 8/31/2016
Job Title:
Position#
Division:
FY19 Grade 27
Step Rates
1 $ 58,427.20
2 $ 61,692.80
Animal Control Supervisor
2710001
Police
FTE 1.00
Eval Dates:
1/1/2019 $ 29,102.59
Subtotal Wages
6.20%
FICA
1.45%
MEDICARE
8.93%
IPERS
$ 16,574.00
HEALTH - Afscme FT
$ 415.00
DENTAL - Afscme FT
$ 2.13
LIFE (rounded up $1,000)
$ 0.29
LIFE ADBD (rounded up $1,000)
$ 0.0032
DISABILITY-AFSCME
Subtotal Benefits
Total Wages & Benefits
30,963.62
j 60,066.20
3,724.10
870.96
5,363.91
16,574.00
415.00
130.00
17.57
192.21
j 27,287.75
S 87,353.96
Iowa City. 135.1. FY 19_Animal_Services_Coordinator_-_Fiscal_Imact.xlsx
FYI Grade 29
Step Rates
1 $ 68,432.00
2 $ 72,321.60
1-t1E__ . __..... .. .. 1.0
Eval Dates:
1/1/2019 $ 34,085.98
36,298.21
Subtotal Wages $ 70,384.19
FICA
4,363.82
MEDICARE
1,020.57
IPERS
6,285.31
HEALTH - Afsome FT
16,574.00
DENTAL - AfsomeFT
415.00
LIFE (rounded up $1,000)
151.32
LIFE ADBD (rounded up $1,000)
20.45
DISABILITY-AFSCME
225.23
Subtotal Benefits
$ 29,055.69
Total Wages & Benefits $ 99,439.88
Iowa City. 135.1.FY19 Animal_Services_Coordinator-_Fiscal_Imact.xlsx
Prepared by: Stan Laverman, Senior Housing Inspector 410 E. Washington Sl., Iowa City, IA 52240 (319) 356-5135
Resolution number: 18-198
Resolution amending the budgeted positions in the Neighborhood Services Division of
the Neighborhood and Development Services Department by deleting one full -time -
Building Inspector position and adding one full-time Housing Inspector Assistant
position.
Whereas, Resolution No. 18-63, adopted by the City Council on March 6, 2018 authorized
budgeted positions in the Neighborhood Services Division of the Neighborhood and
Development Services Department for Fiscal Year 2019; and
Whereas, two Building Inspector positions were added through the budget process but it has
been determined that the Housing Inspector Assistant position better meets the needs of the
division for one of those positions; and
Whereas, the change will result in a cost savings of roughly $10,000 for the City budget.
Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
The budgeted positions in the Neighborhood Services Division of the Neighborhood and
Development Services Department be amended by:
1. Deleting one full-time Building Inspector position.
2. Adding one full-time Housing Inspector Assistant position.
Passed and approved this 3rd day of July 2018
Attest:
City Clerk
It was moved by Mims
adopted, and upon roll call there were:
AYES:
NAYS:
Appfived by b
City Attorneys Office
and seconded by 'Thomas
ABSENT:
Botchway
Cole
Mims
x Salih
Taylor
Thomas
Throgmorton
the Resolution be
'r 1 CITY OF IOWA CIT
COUNCIL ACTION REPO rmnl14,
—
July 3, 2018
Resolution amending the budgeted positions in the Neighborhood
Services Division of the Neighborhood and Development Services
Department by deleting one full-time Building Inspector position and
adding one full-time Housing Inspector Assistant position.
Prepared By: Stan Laverman, Senior Housing Inspector
Reviewed By: Erika Kubly, Neighborhood Services Coordinator
Tracy Hightshoe, Neighborhood & Development Services Director
Fiscal Impact: Roughly a $10,000 decrease in expenses for the FYI
Recommendations: Staff: Approval
Commission: :NA
Attachments:
Executive Summary:
Last spring the legislature adopted HF 134 amending Iowa Code Section 414.1 to prohibit
municipalities, after January 1, 2018, from adopting or enforcing any regulation or restriction
related to occupancy of residential rental property that is based upon the existence of
familial or nonfamilial relationships between the occupants of such rental property.
One of the responses to this change by the City Council was to approve funding in the FYI
budget for two additional Building Inspectors (Grade 12). It has been determined that the
duties that will be performed by one of those positions is better reflected by the Housing
Inspector Assistant category (Grade 8). This classification change will result in a cost
savings to the City of roughly $10,000 in the FY19 budget cycle.
Staff recommends approval of this resolution.
Prepared by Bob Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB18-00009)
Resolution No. 15-199
Resolution Approving Final Plat Of
Lindemann Subdivision — Part Eight, Iowa City, Iowa.
Whereas, the owner, Rollins Pass Development LLC, filed with the City Clerk the final plat of
Lindemann Subdivision — Part Eight, Iowa City, Iowa, Johnson County, Iowa; and
Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson
County, Iowa, to wit:
Outlot H, Lindemann Subdivision - Part Two A, according to the plat thereof recorded in
Book 47, Page 76, Plat Records of Johnson County, Iowa.
Whereas, the Neighborhood and Development Services Department and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
Whereas, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
Whereas, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2017)
and all other state and local requirements.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons. The City shall accept
dedication of the outlots upon satisfaction of the terms and conditions stated in the
Subdivider's Agreement.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider,
Resolution No. I Q-199
Page 2
Passed and approved this 3rd day of July , 20 18
z��
MaKyor
Approved by
Attest
ity Clerk City Attorney's Office /
It was moved by trims and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes:
Pcdhemplates/Final Plat - Resolution (003) doc doc
Nays:
Absent:
Botchway
Cole
Mims
x Salih
Taylor
Thomas
Throgmorton
07-03-18
2d(15)
STAFF REPORT
To: City Council Prepared by: Luke Foelsch, Planning Intern
Item: SUB18-00009 Date: July 3, 2018
Lindemann Subdivision Part 8 Final Plat
GENERAL INFORMATION:
Applicant:
Allen Homes, Inc.
Contact Person: Ron Amelon, MMS Consultants
1917 S. Gilbert Street
Iowa City, IA 52240
319-351-8282
r.amelon@mmsconsuItants.net
Property Owner:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
Neighborhood Open Space District:
File Date:
Rollins Pass Development LLC
PO Box 3474
Iowa City, IA 52244
319-530-8238
allenhomesinc@gmail.com
Final plat approval
To allow for a 39 -lot residential subdivision
South of Lower West Branch Road SE and north
of Anna Street
20.24 acres
Undeveloped, RS -8
North:
County Residential, R
South:
Residential, OPD -8
East:
Residential, OPD -8
West:
Residential, RS -5
'Northeast District Plan
Lower West Branch
June 7, 2018
60 Day Limitation Period: August 6, 2018
2
BACKGROUND INFORMATION:
The applicant, Allen Homes, Inc., is requesting approval of the final plat for Lindemann
Subdivision Part 8, a 39 -lot residential subdivision including 36 single family lots and 3
multifamily lots. The preliminary plat for Lindemann Subdivision Part 8 was approved in
March 2018. The final plat is consistent with the approved preliminary plat.
ANALYSIS:
The lot size, lot boundaries, and total acreage of the final plat of Lindemann Subdivision Part
8 are in general compliance with the approved preliminary plat and subdivision regulations.
Legal papers and construction drawings are currently being reviewed by staff. It is
anticipated that these documents will be approved prior to the July 3 Council Meeting.
Environmentally Sensitive Areas: The property contains wetlands and a stream corridor.
These features, along with most of their required buffers are contained in Outlot A, which
will be dedicated to the City for neighborhood parkland. However, a small portion of the
buffer will be on lots 6, 7, and 8. A conservation easement for these areas is included in the
legal papers. The easement is required to be maintained by the Subdivider until all lots in
the Subdivision have been conveyed to third parties and Outlot A is accepted by and
conveyed to the City, at which point the cost of maintaining the Easement Area will be borne
by the owners. It will be planted with native prairie species.
Neighborhood Open Space: The applicant will dedicate the 5.16 -acre Outlot A to the City for
parkland. This more than satisfies the neighborhood open space requirements. The
dedication will not be accepted by the City until after the Owner and Subdivider have
completed all initial improvements to Outlot A, erosion control and ground cover have been
reasonably established, and occupancy permits have been issued for all numbered Lots in
the subdivision that abut Outlot A. Once accepted, all continuing maintenance and
improvements of Outlot A will be the responsibility of the City. The Park and Recreation
Commission has agreed to accept Outlot A.
Infrastructure Pees: Required fees include a watermain extension fee of $435 per acre and a
sanitary sewer tap -on fee of $1,038.26 per acre. When this property was annexed into the
City in 2001, Lower West Branch Road was a county road built for rural traffic. As a condition
of annexation and zoning the property for development, the property owner agreed to
contribute a portion of the cost of improving Lower West Branch Road to City standard.
Payment of these fees will be addressed in the legal papers.
STAFF RECOMMENDATION:
Staff recommends approval of SUB18-00009, the final plat of Lindemann Subdivision Part 8,
a 39 -lot, 20.24 -acre residential subdivision located south of Lower West Branch Road and
north of Anna Street, subject to approval of construction drawings and legal papers by the
City Engineer and City Attorney.
PCMSteH RepMslsubl&00009 staff mpoMd=
ATTACHMENTS:
1. Location Map
2. Final plat
Approved by: • �1
Danielle Sitzman, Development Coordinator,
Department of Neighborhood and Development Services
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LINDEMANN SUBDIVISION - PART EIGHT
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PLATIPI by APPROVED
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FINAL PLAT
LINDEMANN
SUBDIVISION
PART EIGHT
IOWA CITY
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC.
03-15--2015
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Paul D. Pate
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J4 AY 6
PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM
Item 1. The full legal name, organization type and county of each participant to this agreement are:
}
z
FILED
28E
0
City of Iowa City
City
Johnson
Party 2
Agreement
LL
M510989
Party 3
0
0
LL
7/27/2018 9:50:40 AM
PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM
Item 1. The full legal name, organization type and county of each participant to this agreement are:
*Enter "Other" if
not in Iowa
Item 2. The type of Public Service included in this agreement is: 410 Public Transit
(Enter only one Service Code and Description) Code Number Service Description
Item 3. The purpose of this agreement is: (please be specific)
28E Agreement between the City of Iowa City and Johnson County for the contracting of paratransit service within
the corporate limits of Iowa City. (Res 18-200)
Item 4. The duration of this agreement is: (check one) mAgreement Expires 6/30/2023 ❑Indefinite Duration
[mm/dd/yyyyl
Item 5. Does this agreement amend or renew an existing agreement? (check one)
❑ NO
® YES Filing # of the agreement: M506165
(Use the fling number of the most recent version fled for this agreement)
The filing number of the agreement may be found by searching the 28E database at: http://sos.iowa.gov/28e.
Item 6. Attach two copies of the agreement to this form if not filing online.
Item 7. The primary contact for further information regarding this agreement is: (optional)
LAST Name Fruehling FIRST Name Kellie
Title City Clerk Department City Clerk
Email kellie-fruehling(a)iowa-city.org Phone 319-356-5041
Full Legal Name
Organization Type
*County
Party 1
City of Iowa City
City
Johnson
Party 2
Johnson County
County
Johnson
Party 3
Party 4
Party 5
*Enter "Other" if
not in Iowa
Item 2. The type of Public Service included in this agreement is: 410 Public Transit
(Enter only one Service Code and Description) Code Number Service Description
Item 3. The purpose of this agreement is: (please be specific)
28E Agreement between the City of Iowa City and Johnson County for the contracting of paratransit service within
the corporate limits of Iowa City. (Res 18-200)
Item 4. The duration of this agreement is: (check one) mAgreement Expires 6/30/2023 ❑Indefinite Duration
[mm/dd/yyyyl
Item 5. Does this agreement amend or renew an existing agreement? (check one)
❑ NO
® YES Filing # of the agreement: M506165
(Use the fling number of the most recent version fled for this agreement)
The filing number of the agreement may be found by searching the 28E database at: http://sos.iowa.gov/28e.
Item 6. Attach two copies of the agreement to this form if not filing online.
Item 7. The primary contact for further information regarding this agreement is: (optional)
LAST Name Fruehling FIRST Name Kellie
Title City Clerk Department City Clerk
Email kellie-fruehling(a)iowa-city.org Phone 319-356-5041
Prepared by: Marian Nagle -Lamm; Transportation Services, 335 Iowa Ave., Iowa City, IA 52240 (319) 356-5156
Resolution No. 18-200
Resolution authorizing the Mayor to sign and the City Clerk to attest
the 28E Agreement between the City of Iowa City and Johnson County
for the contracting of paratransit service within the corporate limits of
Iowa City.
Whereas, Chapter 28E, Code of Iowa, provides, in substance, that any power which may be exercised by
a public agency of this state may be exercised jointly with another public agency having such power; and
Whereas, it is in the mutual interest of the City of Iowa City and Johnson County to encourage the use of
public transit; and
Whereas, the parties have negotiated a 28E Agreement for the contracting of paratransit services for
FY2019 — FY2023, a copy of which is attached and incorporated herein.
Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that
The attached 28E Agreement for paratransit services between the City of Iowa City, Iowa, and
Johnson County, Iowa is hereby approved in substance, and the Mayor is hereby authorized to
execute and the City Clerk to attest to a 28E Agreement for paratransit services with Johnson
County that makes no material changes in substance.
2. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa,
as required by Iowa Code Chapter 28E.
Passed and approved this 3rd day of July, 2018. I
�� � 14,�l
Ma or `/
Attest: P'# -
-
City Clerk
Appr ed by
City Attorney's Office
It was moved by Mims and seconded by
adopted, and upon roll call there were:
•
Ayes:
X
X
X
Nays:
Thomas
Absent :
the Resolution be
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
28E Agreement for Paratransit Service between the City of
Iowa City and Johnson County for the period of July 1, 2018
through June 30, 2023
This Agreement is made and entered into by and between the City of Iowa City, Iowa, hereinafter
referred to as "Iowa City", and Johnson County, Iowa, hereinafter referred to as the "County".
Scope of Services
The County shall provide to Iowa City through Johnson County SEATS paratransit service
consistent with the Americans with Disabilities Act and the policies of the Iowa City, City Council.
General Terms
Paratransit service area for Iowa City shall be the corporate limits of the city of Iowa City.
Paratransit service shall be operated within '4 miles of amile from the Iowa City transit fixed route
service. Johnson County SEATS will operate paratransit service the same times and days of the
week as the Iowa City fixed route service. The paratransit service shall operate a holiday schedule
consistent with Iowa City Transit. Iowa City shall give 30 days notice to the County prior to any
changes in paratransit service.
Paratransit service shall be operated as an origin to destination service. Service will be in
compliance with the "SEATS Riders Guide" as amended. Johnson County SEATS operators shall
be sensitive to the needs of passengers with disabilities.
Any change in service resulting in a substantial change in operating costs shall be cause for
renegotiating the County's financial responsibility described below. Said renegotiation shall be
conducted in good faith and begin no later than 30 days after said service changes take effect. A
failure of the parties to successfully renegotiate the amount of the County's responsibility
hereunder shall be grounds for termination of the agreement at the end of the fiscal year in which
the changes take effect.
The paratransit service shall be operated with a fare which shall be twice the fixed route fare.
Paratransit fares collected shall be retained by the County and be considered as payment toward
the cost of services provided to the City of Iowa City. Any other fare collected on behalf of any
contracting agency and administered by the paratransit provider will not affect the agreement with
Iowa City.
Maintenance for all vehicles owned by Iowa City shall be completed by Iowa City. This includes,
but is not limited to, parts, labor and transportation for all routine and preventative maintenance,
emergency repairs, etc. Installation and repair of lifts are also the responsibility of the City. Iowa
City's FYI 3-P'Y18 contracted fleet size is eleven vehicles, and Iowa City and shall purchase an
additional two vehicles, (one) in FY19 and (one) in FY20 to expand the primary fleet size to
thirteen vehicles in order to provide the previously described paratransit service. In the event that
Iowa City receives approval from the Iowa Department of Transportation to replace one of these
Page 1 of 16
vehicles and IDOT provides the option for Iowa City to keep the vehicle that is being replaced for
one year after the replacement vehicle is acquired, a fourteenth vehicle shall be made available for
paratransit service in the event that one or more of the thirteen primary vehicles are out of service,
unless said vehicle becomes cost prohibited to maintain for service. Iowa City shall also be
responsible for insuring its vehicles against accidental or catastrophic loss due to fire, earthquake,
flood or other natural disaster. Iowa City shall, upon request by the County and no less than
quarterly, provide the County with detailed records indicating the timing and details of
maintenance done on its vehicles. The County is responsible for the cost of maintenance and
repairs that occur as a result of an accident due to SEATS driver error while the vehicle is being
operated by a County employee. Iowa City is responsible for maintenance and repairs that occur
as a result of an accident occurring due to improper repairs by or mechanical malfunctions
associated with maintenance done by Iowa City. In the event that any of the thirteen primary
vehicles need to be replaced during the course of this contract, Johnson County encourages Iowa
City to prioritize the selection of replacement vehicles based on optimal fuel efficiency and low
emissions. Johnson County may be willing to assist with the cost of the acquisition of new vehicles
that meet suitable fuel efficiency and/or low emissions criteria-
Vehicles
riteriaVehicles owned by Iowa City and operated by Johnson County SEATS shall be clearly marked as
City of Iowa City and Johnson County paratransit vehicles. Iowa City shall provide signage for
the purpose of identifying vehicles that are in use as Iowa City -Johnson County paratransit
vehicles. Vehicles and personnel used to provide Iowa City -Johnson County paratransit service
shall be neat and clean in appearance. Iowa City will continue to have the option to use the vehicles
from the Iowa City paratransit fleet when not assigned to Johnson County SEATS paratransit
service. In order to maintain operational efficiencies, vehicles owned by the City of Iowa City
may be used across jurisdictions serviced by Johnson County SEATS.
The County shall be familiar with the Americans with Disability Act (ADA) and the
complementary service requirements for Iowa City transit and will conduct paratransit service
accordingly. This will include Iowa City's determination of rider eligibility based upon an ADA
certification process. It shall be Iowa City's responsibility to notify Johnson County SEATS as to
whether the applicant is ADA eligible. Priority for paratransit service will be given to persons
certified under the ADA.
Johnson County SEATS shall maintain reporting as required by the Federal Transit
Administration. In addition Johnson County SEATS shall provide a management information
system consisting of information for each trip provided. This information shall be submitted to
Iowa City as a monthly report no more than twenty days from the end of the previous month.
Johnson County shall use a computerized management information system enabling Iowa City to
receive information in a summary format, commonly identified as the "Performance Summary
Report". If Iowa City requests additional reports, the County will provide them at its cost to
prepare them.
Johnson County SEATS shall comply with the Federal Transit Administration Drug and Alcohol
testing requirements. The County shall certify that they have not been debarred
Page 2of16
from federally funded contracting. Johnson County SEATS shall comply with any other
requirements of the Federal Transit Administration. Johnson County SEATS employees shall have
all commercial drivers' licenses required by Iowa law. The County agrees to be responsible 'for
the acts of Johnson County SEATS employees while on duty.
Johnson County SEATS shall submit proof of insurance meeting the City of lova City
requirements.
Each party agrees to release, indemnify and hold the other party, its officers and employees
harmless from and against any and all liabilities, damages, business interruptions, dclays, losses,
claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses
incidental thereto, which may be suffered by, or charged to, the other party by reason of any loss
or damage to any property or injury to or death of any person arising out of or by reason of any
breach, violation or non-performance by the party or its scrvants, employees or agents of any
covenant or condition of this Agreement or by any act or failure to act of those persons. "fhe
County shall not be liable for its failure to perform this Agreement or for any loss, injury, damage
or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood,
accident, strike, labor dispute, riot, insurrection, war or any other cause beyond the County's
control.
Iowa City shall continue to apply for federal capital assistance for replacement of vehicles. Iowa
City shall be responsible for all local match funds for vehicles scheduled for replacement or to be
added to the Iowa City fleet.
Johnson County SEATS and Iowa City Transit agree to the terms contained in Exhibit A, attached
and incorporated herein by this reference.
For the purposes of this Agreement, the County shall be responsible for Jolmson County trips,
Iowa City shall be responsible for Iowa City trips, Coralville shall be responsible for Coralville
and North Liberty trips, and University Heights shall be responsible for University Heights trips.
In an effort to maintain the efficiency of service provided to all entities, Iowa City and Coralville
vehicles may be used as a part of the Johnson County SEATS system and therefore be allowed to
cross into other jurisdictions.
A Johnson County trip shall include any trip taken by a resident of Johnson County who does not
live in Iowa City, Coralville, North Liberty or University Heights; any trip that starts or ends
within Johnson County but outside of Iowa City, Coralville, North Liberty or University Heights
in said service areas; and any trip taken that is paid for pursuant to the County's contract with
Pathways.
An Iowa City trip shall include any trip that starts in Iowa City and ends in Iowa City or
Coralville, except any such trip that would otherwise be considered a Johnson County trip.
A Coralville trip shall include any trip that starts in Coralville and ends in Coralville or Iowa
City, except any such trip that would otherwise be considered a Johnson County trip.
Page 3 of 16
A North Liberty trip shall include any trip that starts or ends in North Liberty, except any such
trip that starts in University Heights or would otherwise be considered a Johnson County trip.
A University IIeights trip shall include any trip that starts or ends in University IIeights, except
any such trip that starts in North Liberty or would otherwise be considered a Johnson County
trip.
Compensation and Duration
This agreement shall be for a period of five years effective July I, 2018 through June 30, 2023.
This agreement may be modified at any time by mutual written agreement of the parties.
The contracted amount contained herein represents the County's full and complete financial
responsibility toward mandated paratransit services contracted to the cities of Iowa City and North
Liberty by Johnson County SEATS based on the turns of this agreement. From July 1, 2018
through June 30. 2023 Iowa City will receive cost participation funds in the amount of $168,280.44
from the County, payable in equal monthly credits during the course of that term. The amount of
cost participation fiends for 2017/2018 shall serve as the baseline for FY19. The County's cost
participation funding shall be increased for FYI and thereafter annually for each year of the
contract by the same percentage that actual costs increased as determined by the previous three
fiscal years average, but in no event more than 1%0 in any given year.
The County shall invoice Iowa City monthly for the operating costs associated with providing
paratransit services under this Agreement. These costs shall be in relation to the number of Iowa
City rides and the cost per revenue hour to provide them. The monthly invoice shall show in detail
Iowa City's monthly operating costs, less fare revenues, Medicaid waiver revenues and the
County's cost participation referenced above. Iowa City shall pay the monthly cost within thirty
(30) days of receipt of the invoice. If either party chooses to terminate this agreement, a one-year
written notice must be provided. Should the agencies wish to enter into a 28E Agreement for
contracted paratransit services beginning in FY2024, staffs shall begin negotiations prior to July
1.2022.
Extent of Agreement
No separate legal entity is established by this Agreement.
This Agreement is between public agencies contracting to perform governmental service pursuant
to Iowa Code Section 28E.12.
Pursuant to Iowa Code Section 28E.8 (1)(a) (2017) Iowa City shall file this Agreement, in an
electronic format, with the Secretary of State of Iowa in the manner specified by the Secretary of
State.
The department head oversee SEATS shall administer this Agreement and the services described
in it. The Agreement does not provide for the acquisition of joint personal or real properly.
Page 4 of 16
The Agreement represents the entire agreement between Iowa City and Johnson County for
paratransit service. It may be amended only by a written instrument signed by both parties.
Assignment
This Agreement is not assignable without written consent of both parties.
Dated this /Z tL day of U,4 .20
CITY OF IOWA CITY JOHNSON COUNTY, IOWA
By: Bv:D
Jig Throgmorto;�—
ayor
dls, c-reen- Jrce ;r�ePson
Attest:
Attest: fe
Cay Jerk
Cun A��u(4�jtor
Appr ed by: Ix
/
City Altorpey's OfTiee
y
"", _.,...;' Page 5 of 16
CITY ACKNOWLEDGEMENT
STATE. OF IOWA )
) ss:
JOIINSON COUNTY )
On this i4h day of �u (� , 20 1��, before me,
ok"6�±InQN OQ-a Notary Public in and for the State of Iowa,
personally appeared Jim hrogmorton and Thorsten Johnson, to me personally known, and, who,
being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and that the iustnanent was signed and scaled on behalf of the corporation, by
authority of its City Council, as contained in (Ordinance) (Resolution) No. (4a5 - b passed
by the City Council; on the 32 c1 day of 201 , and that Jiro
Fausett and 'fhorsten Johnson acknowled,cd the execution of the instrument to be their voluntary
act and deed and the voluntary act and (Iced ofthe ora urn, b t}oI tardy executed.
oo
IZotar' y Public in and fo g re State of Iowa
My commission expires: MRISTINE OlNEY
CQmmipsion Number 808232
COUNTYACKNOWLEDGEMENT 4 Comm4sjon4y.Oresa
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of IV , 20_�, before me,
�cr Fu c, 4 54t r� �y a to , ,,/public in and for the State of Iowa,
personally appeared,4 �a�i Travj Weip0, �iFdnally known, and, who,
being by me duly sworn, d di 'say`t`9l, Ch'ey are the 'Tiiairperson of the Board of Supervisors and
County Auditor, respectively, of the County of Johnson, lova; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation, and that the instrument was signed and sealed
on behalf of the corporation, by authority of its Board of Supervisors, as contained in the Motion
adopted by the Board of Supervisors, on the f 3� day of
, 4 •1
20an ar�d Travis Weipert acknowledge the�execltriohe in—
s;
rument
to be their voltlt`c ac ee and the voluntary act and deed of the corporation, by it
voluntarily executed.
Fit 313 s ,
Notary Public in and for the State of Iowa
My commission expires:
ofta pATRICIASHERMAN
'
e C CpmFrossion Number 777874 i
Nly CgnM w Expkes
Page 6 of 16 ,Col.
EXHIBIT A
Because federal funds are being used to support the SEATS paratransit contract, Iowa City
Transit and 7olmson County SEATS hereby agree to the following required federal clauses:
ADA Access The Contractor agrees to provide transportation services consistent with the
Americans with Disabilities Act (ADA) and comply with the provisions of the Act applicable to
the facilities used for and the personnel policies applicable to staff involved in the administration
of any contract issued pursuant to a solicitation by this recipient or subrecipicnt of Federal
transit assistance. In particular, the Contractor's project manager shall be responsible for assuring
that "reasonable accommodations" are made to ensure compliance with the provisions of the
ADA in regard to service provision, hiring and managing personnel as well as workplace
accessibility. The employment provisions of ADA require that reasonable accommodations be
made in existing worksites to allow a qualified employment candidate with a disability to access
the workplace and perform their job duties.
Under the ADA, it is also incumbent upon the Contractor to assure that any "accessible vans or buses" and
the ancillary equipment that such vans or buses are required to be equipped with by 49 CFR Part 37 Subpart
B Subsection 37.23, i.e., to satisfy the ADA's mobility aid user accessibility provisions, are inspected and
properly maintained. As such, the Contractor is required to provide appropriate vehicle maintenance and
staff training under this contract with a subrecipient of Federal transit assistance. This training must assure
that vehicle operators have acquired skills in communicating with assisting persons with disabilities, are
proficient in passenger assistance techniques, operation of vehicle level change devices, securement
systems, public address systems and other access -related equipment.
Vehicle operators shall be required to report any access equipment problems as soon as possible. And, the
Contractor shall make repairs to access equipment as soon as possible, preferably on the day following a
report of deficiency or malfunction report. Any vehicle with inadequate or malfunctioning access
equipment shall not be kept in service if a deficiency presents a heightened risk of passenger or vehicle
operator injury. And; such a vehicle shall not be returned to revenue service until access equipment
deficiencies are remedied. The Contractor shall cooperate with transit system, as well as State or Federal
agency staff, or assessment contractors of agencies with oversight responsibility for assessment of whether
the Contractor is complying with the provisions of the ADA. Such assessments shall require Contractor's
staff to meet with oversight personnel and provide access to documentation relating to policies and
instructions for access equipment pre -trip cycling, staff training, as well as access equipment operation,
reliability and maintenance. Contractor shall permit drivers and administrative staff to be interviewed by
persons performing ADA compliance assessments.
Drug Use and'resting - Alcohol Misuse and Testing Requirements
The Contractor agrees to comply with all applicable Federal regulations governing workplace drug use and
alcohol misuse in the transit industry. Specifically, the Contractor shall establish a Drug Use and Alcohol
Misuse Policy acceptable to the transit agency purchasing services pursuant to this solicitation or contract
award and conforming with the Federal Transit Administration (FTA) regulations. These regulations are
detailed in 49 C.F.R.Part 665 "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit" as
amended. Contractor shall comply with these regulations mandating testing of safety -sensitive employees
for the use of drug and the misuse of alcohol in violation of law or Federal regulation, and prohibits
performance of safety -sensitive functions when there is a positive test result. The Contractor shall as well
comply with U.S. DOT regulations detailed in 49 CFR Part 40, Revised and corresponding Technical
Amendinents, that set standards for the collection and testing of urine and breath specimens from safely -
Page 7 of 16
sensitive employees. Contractor's employees shall be provided with the training required by these
regulations as well as access for review, upon request, to the Federal regulations and Contractor's Policy
on Prohibited Drug Use and Alcohol Misuse.
Fly America Requirement
The Vendor/Contractor shall comply with 49 U.S.C. 40118 (the "Ply America" Act) and regulations
promulgated by the General Services Administration, at 41 CFR Pair 301-10, which provide that recipients
and subrecipicnts of Federal finds and their contractors are required to use U.S. Flag air carriers for U.S.
Government financed international air travel and transportation of their personal effects or property, to the
extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by
the Fly America Act. This provision shall he included by the Contractor in all subcontracts that may involve
international air transportation.
Charter Bus Requirements
The Contractor agrees to comply with 49 U.S. C. Section 5323(d) and 49 CFR Part 604,.which
provides that recipients and subrecipicnts of FTA assistance are prohibited from providing
charter service using federally funded equipment or facilities if there is at least one private
charter operator willing and able to provide the service, except under one of the exceptions
detailed at 49 CFR 604.9. Any charter service provided under one of the exceptions must be
"incidental." Le., it must not interfere with or detract from the provisions of mass transportation.
School Bus Requirements
Pursuant to 69 U.S.C. Section 5323 (f) and 49 CFR Part 605, which provide that recipients and
subrecipicnts of FTA assistance are prohibited from providing school bus operations exclusively
for the transportation of students and school personnel in competition with private school bus
operators unless qualified under specified exemptions. When operating exclusive school bus
service under an allowable exemption, recipients and subrecipients may not use federally funded
equipment, vehicles, or facilities.
Energy Conservation Requirement
The Vendor/Contractor bidder shall comply with mandatory standards and policies relating to
energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the
Energy Policy and Conservation Act.
Clean Water Requirement
Each Vendor/Contractor, by signing the Certificate of Compliance with Terms of Service under
this Request for Architectural and Engineering Qualifications (RFQ) is obliged under penalty of
law to perform such services using materials, and under conditions that comply with the federal,
state and local clean water regulations governing said production. As such, the Contractor agrees
to comply with and perforin construction oversight that are the Contractor's responsibility to
assess whether work performed by construction contractors is compliant with all applicable
standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seg. The contractor also agrees to report each violation to the
Purchaser and understands and agrees that the Purchaser must, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
Page 8 of 16
The Vendor/contractor is required to include these requirements in each subcontract exceeding
$100,000 financed, in whole or in part, with Federal assistance provided by a contract awarded
under this solicitation and assisted by FTA.
Lobbying Disclosure Requirements and Prohibition
Pursuant to the Byrd Anti Lobbying Amendment, 31 U.S.C.1352, as amended by the Lobbying
Disclosure Act of 1995, P.1 104-65 [to be codified at 2 U.S.0 1601,et seq.,
vendors/contractors/EM's who submit a bid for an award of $100,000 or more shall file the
certification required by 49 CPR part 20, "New Restrictions on Lobbying ." Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Corn rens, or an employee of a member of Congress
in connection with obtaining any Federal contract, grant or auv other award covered by 31
U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying
disclosure Act of 1995 who has made lobbying contacts on its behalf with nonfederal funds with
respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are
forwarded from tier to tier up to the recipient.
Access to Records and Reports Requirements
In accordance with 49 CFR 18.36(1), the Vendor/contractor and any vendor acting on its behalf in this
solicitation agree to provide the Iowa Public "transit System awarding a contract, the Iowa Department of
Transportation, the FTA Administrator, the Comptroller General of the United States or any of their
authorized representatives access to any books, documents, papers and records of the Contractor which arc
directly pertinent to any contract awarded pursuant to this ,solicitation for the purposes of making audits,
examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 CFR Part 633.17, to
provide the FTA Administrator or his authorized representatives, including any PMO contractor, access to
Contractor's records pertaining to contracts awarded that involve a major capital project, as defined at 49
U.S.C_ 5302 (a)], which is receiving federal financial assistance through the programs described at 49
U.S.C. section 5307, 5309, or 5311.
The Contractor agrees to permit any of the parties described in the preceding paragraph to reproduce by
any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
The Contractor agrees to maintain all books, records, accounts and reports required under any contract
awarded pursuant to this solicitation for a period of not less than three years after the date of termination or
expiration of this contract, except in the event of litigation or settlement of claims arising from the
performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the
Iowa DOT, the FTA Administrator, the Comptroller General, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference
49 CFR 18.39(1)(11).
Federal Changes
The Contractor or vendor awarded a service contract pursuant to this solicitation agrees to comply with all
applicable FTA regulations, policies, procedures and directives, including without limitation those listed
directly or by reference in the Master Agreement (Form FTA MA (6) dated October, 1999) between the
Purchaser and the Iowa DOT as required by the Grant Agreement form the FTA to the Iowa DOT as they
may be amended or promulgated from time to time during the term of the contract awarded pursuant to this
solicitation. Contractor's failure to so comply shall constitute a material breach of this contract.
Page 9 of 16
Clean Air
The Contractor, by signing the Certificate of Compliance with Solicitation Requirements, is
obliged under penalty of lav, to manufacutre the bus being offered in compliance with all
applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42
U.S.C.7401 et seq. 'The FSM agrees to report each violation the Purchaser and understands and
agrees that the Purchaser must, in turn; report each violation as required to assure notification to
FTA and the appropriate EPA Regional Office.
The Contractor is required to include these requirements in each subcontract exceeding $100,000
financed, in whole or in part, with Federal assistance provided by a contract awarded under this
solicitation and assisted by FTA.
Recycled Products
The Contractor shall develop construction specifications and building plans that, to the extent practicable
utilized recycled products and, at a minimum require construction contractors to perform work in a manner
that complies with the requirements of Section 6002 of the Resource Consen-ation and Recovery Act
(RCRA), as amended (42 U.S.C. 6962) including, but not limited to, the regulatory provisions of 40 CFR
Part 247 and Executive Order 12873, insofar as these requirements are applicable to any item so designated
by the Environmental Protection Agency (EPA), or material used to produce said item(s), that was
designated in Subpart B of 40 CFR Part 247. insofar as the Purchaser acquired $10,000 or more of one of
the items EPA designates in the fiscal year during which a contractor awarded a contract for project
construction is authorized to commence work or when the cost of such items purchased by the Contractor
during the previous fiscal year was $10,000 or more.
No Federal Government Obligation to Third Parties
The Contractor acknowledges and agrees that, notwithstanding any concurrence by the Federal Government
in or approval of the solicitation or award of the underlying contract, absent the express written consent by
the Federal Government, the Federal Government is not a parry to this contract and shall not be subject to
any obligations or liabilities to the Purchaser, Contractor,, or any other party (whether or not a party, to that
contract) pertaining to any matter resulting from the underlying contract.
Any Contractor/firm submitting qualifications pursuant to this solicitation agrees to include the
paragraph/provision immediately above in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the provision shall not be modified,
except to identify the subcontractor who will be subject to this provision.
Program Fraud and False or Fraudulent Statements and Related Acts
(1) Each Contractor/ firm submitting qualifications in response to this RFQ are obliged to
comply with the provisions of the Program Fraud Civil Remedies Act of 1986, as amended,
at 31 U.S.C. Section 3801 et see, and U.S. DOT regulations "program Fraud Civil
Remedies," 49 CFR, Part 31. Upon execution of the underlying contract (accepting a
contract awarded pursuant to this solicitation), the contractor certifies or affirms the
truthfulness and accuracy, of any statement it has made, it makes, it may make, or causes to
be made, pertaining to the underlying contract or the FTA assisted project for which this
contract is being manufactured or work is being performed. In addition to other penalties
that may be applicable, the Contractor further acknowledges that if it makes or causes to be
Page 10 of 16
made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Govermment deems
appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. Section 5307, the Government
reserves the right to impose the penalties of 18 U.S.C. Section 1001 and 49 U.S.C. Section
5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the clauses delineated as (1) and (2) above in each
subcontract financed in whole or in part with Federal assistance provided by FTA. It is
further agreed that the clauses shall not be modified except to identify the subcontractor who
will be subject to the provisions.
Termination
(1) Termination for Convenience (General Provision)
Any transit system/ Purchaser that awards a professional service contract incorporating this
provision may terminate such contract, in whole or in part, at any time by written notice to
the Contractor when it is in the Transit System's/Government's best interest. 'Fite Contractor
shall be paid its cost, including contract close-out costs, and profit on work performed up to
the time of termination. The Contractor shall promptly submit its termination claim to the
Transit System (or other Purchaser) to be paid to the Contractor. If the Contractor has any
property in its possession belonging to a Purchaser, the Contractor will account for such
property and return or dispose of such property as directed by and at the cost of the
Purchaser. be paid its costs
(2) Termination for Defaultjl3reach or Cause](General Provision)
If the Contractor does not deliver work as per the terms of this solicitation or any contract
awarded thereof in accordance with the contract delivery schedule, or, if the contract is for
m
services, the Contractor fails to perform in the marer called for in the contract, or i f the
Contractor fails to comply with any other provisions of the contract, the Purchaser may
terminate his contract for default. Termination shall be effected by serving a notice of
termination on the contractor setting forth the manner in which the Contractor is in default.
The Contractor will only be paid the contract price for supplies delivered and accepted, or
services performed in accordance with the maturer of performance set forth in the contract.
If it is later deternined by the Purchaser that the Contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the
control of the Contractor, the Purchaser, after setting up a new delivery or performance
schedule, may allow the Contractor to continue work, or treat the termination as a
terruuration for convenience.
(3) Opportunity to Cure General Provision
Pagel 1 of 16
The Purchaser in its sole discretion may in the case of termination for breach or default,
allow the Contractor a specified period of time in which to cure the defect. In such case, the
notice of termination will state the time period in which cure is permitted and other
appropriate conditions.
If the Contractor fails to remedy to Purchaser's satisfaction the breach or default or any of the
terms covenants, or conditions of the Contract within ten (10) business days after receipt by
Contractor or written notice from the Purchaser setting forth the nature of said breach or
default, Purchaser shall have the right to terminate the Contract without any further
obligation to the Contractor. Any such termination for default shall not in any way operate to
preclude the Purchaser from also pursuing all available remedies against Contractor and its
sureties for said breach or default.
Govcnunent-wide Debarment and Suspension
Each prospective Contractor must submit an appropriately prepared, and signed certification
regarding any debarment action or other factors relevant to the firm's, or any its principal's,
eligibility to participate in federally funded projects..Bv signing and submitting this bid or
proposal, the prospective lower tier participant (contractor/ vendor) is providing the certification
as per the instructions delineated at 29 CFR part 29, Appendix B.
Civil Rights Requirements
(1) Nondiscrimination— In accordance with Title VII of the Civil Rights Act as amended, 42 U.S.C. Section
2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C, Section 6102,
Section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12132, and Federal
transit law at 49 U.S.C. Section 5332, the Contractor agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, national origin, sex, age, or
disability. In addition, the Contractor agrees to comply with applicable Federal implementing
regulations and other implementing requirements FTA may issue
(2) Equal Employment Opportunity: Contractors/, or subcontractors thereof , performing lower tier
contract services must be an equal opportunity employer as defined in the Rights Act of 1964 and in
Iowa Executive Order Number Fifteen. The successful firm, in accepting the offer of a professional
service contract under terms of this solicitation, certifies that its officials shall not discriminate against
any employee or applicant for employment because of race, religion, color, sex, disability, or national
origin. The successful firm shall also take affirmative action to insure that applicants are employed,
and that employees are treated during their employment, without regard to their race, religion; color,
sex, disability, or national origin. The following requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with title VII of the Civil Rights
Act, as amended, 42 U.S.C. Section 2000e, and Federal transit laws at 49 U.S.C. Section
53432, the Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"
41 CFR Parts 60 et seq., (that implement Executive Order No. 11246, Equal Employment
Opportunity as amended by Executive Order No;11375, "amending Executive Order
11246 relating to Equal Employment Opportunity, " 42 U.S.C. Section 2000e note) , and
with any applicable Federal statutes, executive orders, regulations and Federal policies that
may affect manufacturing activities undertaken in the course of producing the buses being
Page 12 of 16
purchased. The Contractor agrees to take such affirmative actions as may be necessary to
ensure compliance. These actions shall include, but shall not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or temrinatiorn rates of pay or other forms of compensation; and selection for
training, including apprenticeship. In addition the Contractor agrees to comply with any
implementing requirements FTA may issue.
(b) Age — in accordance with Section 4 of the Age Discrimination in Employment Act of 1967,
as amended, 29 U.S.C. Section 623 and Federal transit law at 49 U,S,C. Section 5332, the
Contractor agrees to refrain forrn discrimination against present and prospective employees
for reason of age. In addition, the contractor agrees to comply with any implementing
requirements FTA may issue.
(c) Disabilities — In accordance with Section 102 of the Americans with Disabilities Act. as
amended, 42 U.S.C. section 12112, the Contractor agrees that it will comply with the
requirements of the U.S. Equal Employment Opportunity Connnission, " Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act, " 29
CFR part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any itnplcmenting requirements FTA may issue.
(3) The Contractor agrees that is shall include these requirements in each subcontract financed
in whole or in part with Federal assistance provided by FTA, modified, only if necessary, to
identify the affected parties and clarify the responsibilities entailed.
Transit Emplovee Protective Agreements
The Contractor agrees to comply with:
(1) applicable transit employee protective requirements as follows:
(a) General Transit Employee Protective Requirements - to the extent that FTA determines
that transit operations are involved, the Contractor agrees to cant' out the transit operations
work on the underlying contract in compliance with terms and conditions determined by
the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees
employed under this contract and to meet the employee protective requirements of 49
U.S.C. A 5333('b) , and U.S. DOL guidelines at 29 CFR Part 215; and any amendments
thereto. These terms and conditions arc identified in the letter of certification from the
U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance
is provided to support work on the underlying contract. The Contractor agrees to carry out
that work in compliance with the conditions stated in that U.S. DOL letter. The
requirements for this subsection (a), however, do not apply to any contract financed with
Federal assistance provided by FTA either for projects for elderly individuals with
disabilities authorized by 49 USC Section 5310(x)(2), or for projects for nonurbanized
areas authorized by 49 U.S.C. Section 5311. Alternate provisions for those projects are set
forth in subsections (b) and (c) of this provision.
(b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. Section
5310(a)(2) for Elderly Individuals and Individuals with Disabilities. —If the contract this
provision is incorporated by involves transit operations financed in whole or in part with
Federal assistance authorized by 49 U.S.C. Section 5310(a)(2), and if the U.S. Secretary of
Transportation has determined or determines in the future that the employee protective
requirements of 49 U.S.C. section 5310(b) are necessary or appropriate for the state and
Page 13 of 16
the public body subrecipient for which work is perform on the underlying contract, the
Contractor agrees to carry out the Project in compliance with the terms and conditions
determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S. C. Section
5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215 and any amendments thereto. These
terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the
date of which is set forth in the Grant Agreement or Cooperative Agreement with the state.
The contractor agrees to perform transit operations in connection with the underlying
contract incompliance with the conditions stated in that U.S. DOT, letter.
(c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S. C. Section
531 I in Nonurbanized Areas — If the contract involves transit operations financed in whole
or in part with Federal assistance authorized by 49 U.S. C Section 5311, the Contractor
agrees to comply with the terns and conditions of the Special Warranty for the
Nonurbanized Area Program agreed to by the Secretaries of Transportation and Labor,
dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto.
(2) The Contractor also agrees to include any applicable requirements in each subcontract
involving transit operation financed in whole or in part with Federal assistance provided by
FTA.
Breaches and Dispute Resolution
If the vendor awarded a contract (i.e. Contractor) pursuant to this solicitation abandons, or before
completion, discontinues that project: or if by reason of any of the events or reason, the
commencement, prosecution, or finely completion of this project by the vendor is rendered
improbable, infeasible, impossible, or illegal, the IPTS may, by written notice to the vendor,
suspend any or all of its obligations under the contract until such a time as the event or
conditions resulting in such suspension has ceased or been corrected, or the agency may
terminate any of its obligations under the contract.
Upon receipt of a final termination or suspension notice, the vendor shall proceed promptly to
carry out their actions required which may include any or all of the following: (1) necessary
action to terminate or suspend, as the case may be, project activities and contracts and. (2)
furnish a statement of the status of the project activities and contracts and. as a proposed
schedule, plan and budget or terminating or suspending and closing -out project activities and
other undertakings, the cost of which are otherwise included as project costs. The closing out
shall be carried out in conformity with the latest schedule, plan, and budget within a reasonable
time. Reimbursement to the vendor in the event of termination shall be for actual costs, less any
assessment of damages.
Disputes arising in the performance of any Contract awarded pursuant to this solicitation that are
not resolved by agreement of the parties and concurred with by the Iowa DOT shall be decided
in writing by [be authorized representative of the Procurement Administrator for the IPTS that
awarded the contract for professional services. This decision shall be final and conclusive unless
within ten calendar days from the date of receipt of its copy of the decision, the contractor mails
or otherwise delivers a written appeal to the Procurement Administrator. In regard to any such
appeal, the Contractor shall be afforded with an opportunity to be heard and to offer evidence in
support of its position. If the Contractor deems that the Procurement Administrator rendered a
Page 14 of 16
decision that it cannot accept, any further review of the matter must be settled in a court of
competent jurisdiction within Iowa.
Disadvantaged Business Enterprise Requirements (DBE) Plan Approval/Submission
Each contractor/vendor shall comply with all rules and regulations promulgated by the Federal
Transit Administration of the U.S. DOT regarding participation of Disadvantages Business
Enterprises in contracting opportunities by any contract awarded under this solicitation. As such.
any bidder must complete and submit with any bid a Disadvantaged Business Enterprise
Certification for Non -Rolling Stock Materials or Services as promulgated under 49 CFR Part
26.and other applicable laws and regulations.
State and Local Law Disclaimer
The use of many of the clauses delineated herein to comply with Federal requirements may be significantly
affected by State law. In the event that the Code of Iowa may contain requirements that are not precluded
by federal statute, state law or local shall be applicable. If the Contractor has reason to believe that any
discrepancy exists between local, state, or federal requirements, it is incumbent on the Contractor to request
in writing that a determination be made and issued by the Procurement Administrator to resolve any such
discrepancy.
Incorporation of Federal Transit Administration (FTA) Terms
The preceding provisions include, in part, certain Standard Terms and conditions required by DOT, whether
or not expressly set forth in the provisions of this solicitation. All contractual provisions required by DOT,
as set forth in FTA circular 4220.1 D., dated April 15, 1996, are hereby incorporated by reference. Anything
to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of
a conflict with other provisions contained in this solicitation or contract awarded thereof., The Contractor
shall not perform any act, fail to perform any act, or refuse to comply with any requests made by the
IPTS/Transit Agency, other participating Iowa public transit systems, or the Iowa DOT which would cause
any of these parties to be in violation of FTA terms and conditions.
***Non -Collusion Biddin¢ Certification: Not Applicable per FTA c.4220. FE, because this 28F,
agreement is to purchase service from another governmental entity.
Prohibited Interest: No member of, or delegate to, the Iowa State Legislature or the Congress of
the United States shall be admitted to any share or part of this contract or to any benefit arising
therefrom. No member, officer, or employee of the Transit Agency during his/her tenure or for
one year thereafter shall have any interest, direct or indirect, in a contract or proceeds resulting
from this solicitation.
Certificate of Compliance Each Contractor must submit a properly prepared and signed
Certificate of Compliance with Federal and this Solicitation's Requirements. Signing the form
obligates the vendor to all requirements of this solicitation and constitutes the vendors assurance
that it has the capacity and intent to deliver the services agreed upon or delineated as the scope of
Contractor responsibilities in a manner that conforms with or exceeds federal and state standards
and the transit agency's minimum requirements which are herein delineated or incorporated by
reference into a Transit or Professional Services Agreement.
Declaration of Project Federal Assistance, Payment for Services
Page 15 of 16
Federal assistance is anticipated to defray approximately 20% (but not greater than 30%) of the
budgeted project costs of the work or item(s) being purchased. Federal assistance for the items
being purchased cannot be reimbursed to the purchaser (Transit Agency) by the Iowa
Department of Transportation or the Federal Transit Administration until such work /item is
delivered, inspected, and accepted. Unless otherwise detailed in writing, payment for the itcm(s)
purchased shall not be made to the Contractor until approximately 30-45 days after the date an
items is accepted by the Purchaser's Project Manager/transit agency and concurrence is given, if
such is required by the Iowa DOT as the grantee
Protest of Solicitation Administration
Any party may initiate a protest of these provisions or decisions made pursuant to them in
accordance with the protest procedure issued as part of this solicitation. See Protest Provision
Retention of Pavrnent
A reasonable portion of the amounts payable may, be retained to assure correction of service
deficiencies and compliance with the provisions of the Transit or Professional Services Contract
jointly executed by the Transit Agency and the Contractor. The Contractor shall be informed in
writing of all such items failing to meet provisions agreed upon and the amount retained for each
item.
Page 16 of 16
CITY O F 1 O WA CI
COUNCIL ACTION REP=
July 3, 2018
Resolution authorizing the Mayor to sign and the City Clerk to attest
the 28E Agreement between the City of Iowa City and Johnson
County for the contracting of paratransit service within the corporate
limits of Iowa City
Prepared By: Darian Nagle-Gamm; Director of Transportation Services
Reviewed By: Geoff Fruin; City Manager
Fiscal Impact: Additional vehicle costs of approximately $190,000 and the annual
paratransit operating costs to be paid from the Transit fund
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution; 28E Agreement
Executive Summary:
At your July 3rd meeting, consideration will be given to a resolution approving the FY19 — FY23
28E Agreement between the City of Iowa City and Johnson County for paratransit services.
Background / Analysis:
As the current contract for paratransit service expires in FYI 8, we have been in discussion with
Johnson County to develop the FYI — FY23 28E Agreement over the past several months.
Below is a summary of the Agreement:
• No changes to service are proposed.
• Johnson County will continue to invoice Iowa City monthly for the operating costs
associated with providing paratransit services under this Agreement. These costs shall be
in relation to the number of Iowa City rides and the cost per revenue hour to provide them.
Operating costs will be paid from the Transit fund.
• Johnson County will allocate funding for mandated paratransit services for Iowa City in the
amount of $168,280.44 over the course of the five-year agreement.
• Due to the increasing demands for paratransit services and an aging fleet, Iowa City will
purchase two additional vehicles, one in FYI and one in FY20, to be paid from the Transit
fund.
• The hours of operation for contracted paratransit service remains unchanged and mirrors
our fixed -route service as federally mandated, however Iowa City will be evaluating service
hours in our upcoming transit study.
Z'e c2'�
Prepared by Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5436
Resolution No. 18-201
Resolution setting a public hearing on July 17, 2018 on plans,
specifications, form of contract, and estimate of cost for the
construction of the Wastewater Treatment Facility Influent
Channel Modifications 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 WWTF Influent Channel Modifications
account # V3152.
Now, therefore, 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 17'h day of July 2018, 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. 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. A 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 3rd day of July 2018
M or
Attest: -eC-�-P � � T
City Clerk
Approved by
City Attorney's Office
It was moved by trims and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays:
Absent:
%
Botchway
%
Cole
%
Mims
% Salih
%
Taylor
%
Thomas
%
Throgmorton
1 11
® CITY OF IOWA CIT 07-03-18
Z--'° ;�� COUNCIL ACTION REPO 2e(2,
July 3, 2018
Resolution setting public hearing on July 17th, 2018 on plans,
specifications, form of contract, and estimate of cost for the construction
of the Wastewater Treatment Facility Influent Channel Modifications
Project, establishing amount of bid security to accompany each bid,
directing City Clerk to publish notice to bidders, and fixing time and place
for receipt of bids.
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: The estimated cost for this project is $158,000 and funds are available
in the WWTF Influent Channel Modifications account #V3152.
Recommendations: Staff: Approval
Commission: N/A
Attachments: None
Executive Summary:
This agenda item begins the bidding process for the Wastewater Treatment Facility Influent
Channel Modifications Project.
Background / Analysis:
The Wastewater Treatment Facility has been experiencing grit build-up in the new influent
channel that was constructed during the Wastewater Treatment Facilities Consolidation
Project. This project will install fillets and weirs to help reduce maintenance and repairs
associated with the sediment accumulation. It will also prevent sediment from accumulating and
interfering with operations and flow metering.
Plans and specifications were prepared by the original Engineer of Record at no extra charge
to the City. The construction costs would have been incurred regardless had they been
included in the original contract.
Prepared by: Dave Panos, Sr. Civil Engineer Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145
Resolution No. 18-202
Resolution authorizing mailing and publication of notice of intent
to commence a public improvement project to construct the
McCollister Boulevard — Gilbert Street to Sycamore Street
Improvement Project and to acquire property for the project; and
setting date of public hearing on August 7, 2018
Whereas, under the provisions of Sections 6B.2A and 613.26 of the Iowa Code, a governmental
body which proposes to acquire property under power of eminent domain for a public
improvement project is required to give notice of intent to commence the project to all property
owners whose properties may be acquired in whole or in part for the project; and
Whereas, the City Council of the City of Iowa City intends to commence a project to construct the
McCollister Boulevard — Gilbert Street to Sycamore Street Improvement Project, which includes
the extension of McCollister Boulevard from its current terminus to Sycamore Street, which project
is to be known as the McCollister Boulevard — Gilbert Street to Sycamore Street Improvement
Project; and
Whereas, funds for this project are available in the McCollister Blvd — Gilbert to Sycamore account
# S3934.
Whereas, before the City of Iowa City can proceed with said project, the City Council must
a. Hold a public hearing, providing the opportunity for public input on the question of
proceeding with the public improvement and on the acquisition or condemnation of
property interests for the project; and
b. Adopt a resolution ,declaring its intent to proceed with said project and authorizing the
acquisition of property interests required for the project by negotiation or condemnation.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. Documentation showing the proposed location of the McCollister Boulevard — Gilbert Street to
Sycamore Street Improvement Project shall be placed on file in the office of the City Clerk and
made available for public viewing.
2. A public hearing on the City's intent to proceed with the McCollister Boulevard — Gilbert Street
to Sycamore Street Improvement Project and to acquire property rights therefore is to be held
on the 711 day of August, 2018, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall Center, Iowa
City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as
posted by the City Clerk.
3. The Department of Public Works and City Clerk are hereby authorized and directed to cause
notice of the City's intent to proceed with said project and authorize the acquisition of property
for said project to be mailed and published as required by law with said Notice of Intent to be
in substantially the attached form; said publication to be published 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.
Resolution No. 18-202
Page 2
Passed and approved this 3rd day of July 2018
M OR
Approved by
Attest 57 Ian _AM -1 nrz�1 Q
City Clerk � City Attorney's Office �P zeri i F
It was moved by Aims and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes:
01
Nays:
Absent:
Botchway
Cole
Mims
% Salih
Taylor
Thomas
Throgmorton
NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE
NEEDED FOR THE MCCOLLISTER BLOULEVARD — GILBERT STREET
TO SYCAMORE STREET IMPROVEMENTS PROJECT
TO:
(Insert Affected Property Owner Names and Addresses)
Chapter 6B of the Iowa Code requires a governmental body which proposes to acquire
property rights under power of eminent domain for a public improvement project to give
notice of the project to all agricultural property owners whose properties may be affected and
to hold a public hearing.
1. DESCRIPTION OF THE PROJECT.
NOTICE IS HEREBY GIVEN to the above -identified agricultural property owners that the
City Council of the City of Iowa City will consider funding of the site-specific design for the
McCollister Boulevard — Gilbert Street to Sycamore Street Improvements Project, making the
final selection of the route or site location, or acquiring or condemning property rights, if
necessary, required for the project. Said project involves construction of a new arterial
roadway from Gilbert Street to Sycamore Street. The project will include a 49' B -B roadway
with bike lanes along both sides. The project also includes 5' wide sidewalk, 8' wide
sidewalk, 16" water main, storm sewer intakes and piping.
2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION
OR CONDEMNATION.
If the above-described project is approved by the City Council, the City may need to acquire
property rights for the project improvements. Property rights may include a temporary
construction easement, a permanent easement, and/or a fee simple parcel (complete
ownership). Upon review of the records of the Johnson County Auditor, it appears that
properties or portions of properties owned by the above -identified persons may have to be
acquired for the project by the methods described above. The City will attempt to purchase
the required property by good faith negotiations. If negotiations are unsuccessful, the City
will condemn those property rights which it determines are necessary for the project. The
proposed location of the above-described public improvement is shown on documentation
which is now on file in the office of the City Clerk and available for public viewing.
3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO
ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO
FUND PROJECT.
2
The City has provided funding in its budget for this project, as well as funding to acquire any
property rights that may be needed for the project. City staff has analyzed the options for how
to proceed with this project and has coordinated project planning with other appropriate
agencies. The planning has reached the point where preliminary designs now indicate that
certain property rights may need to be acquired. Any public comment will be considered in
preparing the final designs, particularly as private property may be affected.
In making the decision to fund the site-specific design for the public improvement, to make
the final selection of the route or site location, or to acquire or condemn property rights, if
necessary, the City Council is required to hold a public hearing, giving persons interested in
the proposed project the opportunity to present their views regarding the decision to fund the
site-specific designs for the project, make the final selection of the route or site location, or to
acquire or condemn, if necessary, property or an interest in property for the project. The
public hearing will be held on the 71h day of August, 2018 in the City Council Chambers,
City Hall, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if
cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk
In order to fund the site-specific design for the public improvement, to make the final
selection of the route or site location, or to commence the acquisition or condemnation of
property rights, if necessary, for the above-described project, City Council will be required to
approve the project and authorize acquisition of private property rights for the project by
Council resolution. The City Council is scheduled to consider adoption of a resolution
authorizing acquisition of property rights for the above-described project following the public
hearing.
When an appraisal is required, if the project is approved by the City Council, an appraiser
will determine the compensation to be paid for easements and/or property acquired in fee
simple. The City will offer no less than the appraised value and will attempt to purchase only
the needed property by good faith negotiations. If the City is unable to acquire properties
needed for the project by negotiation, the City will acquire those property rights by
condemnation.
4. CONTACT PERSON
If you have any questions concerning the McCollister Boulevard — Gilbert Street to Sycamore
Street Improvements Project please contact the following person:
Dave Panos
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
(319)356-5145
5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO
PURCHASE PROPERTY RIGHTS.
The City Council of the City of Iowa City, Iowa has not yet determined to undertake the
above-described project or to acquire property rights for the project. This Notice does not
constitute an offer to purchase property rights.
6. STATEMENT OF RIGHTS.
Just as the law grants certain entities the right to acquire private property, you as the owner of
property have certain rights. You have the right to:
a. Receive just compensation for the taking of property. (Iowa Const., Article I, Section
18)
b. An offer to purchase which may not be less than the lowest appraisal of the fair
market value of the property. (Iowa Code §§ 613.45, 61354)
c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring
agency's determination of just compensation is based not less than 10 days before
being contacted by the acquiring agency's acquisition agent. ( Iowa Code §613.45)
d. When an appraisal is required, an opportunity to accompany at least one appraiser of
the acquiring agency who appraises your property. (Iowa Code §613.54)
e. Participate in good faith negotiations with the acquiring agency before the acquiring
agency begins condemnation proceedings. (Iowa Code §6B.3(1))
f. If you cannot agree on a purchase price with the acquiring agency, a determination of
just compensation by an impartial compensation commission and the right to appeal
its award to district court. (Iowa Code §§ 6B.4, 613.7, and 6B.18)
g. A review by the compensation commission of the necessity for the condemnation if
your property is agricultural land being condemned for industry; (Iowa Code §
613AA)
h. Payment of the agreed upon purchase price, or if condemned, a deposit of the
compensation commission award before you are required to surrender possession of
the property. (Iowa Code §§ 6B.25 and 6B.54(11))
i. Reimbursement for expenses incidental to transferring title to the acquiring agency.
(Iowa Code §§ 613.33 and 6B.54(10))
j. Reimbursement of certain litigation expenses: (1) if the award of the compensation
commissioners exceeds 110 percent of the acquiring agency's final offer before
condemnation; and (2) if the award on appeal in court is more than the compensation
commissioner's award. (Iowa Code §613.33)
k. At least 90 days written notice to vacate occupied property. (Iowa Code § 6B.54(4))
I. Relocation services and payments, if you are eligible to receive them, and the right to
appeal your eligibility for and amount of payments. (Iowa Code §316.9)
4
The rights set out in this Statement are not claimed to be a full and complete list or
explanation of an owner's rights under the law. They are derived from Iowa Code Chapters
6A, 6B and 316, For a more thorough presentation of an owner's rights, you should refer
directly to the Iowa Code or contact an attorney of your choice.
Kellie Fruehling
City Clerk
TO:
NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE
NEEDED FOR THE MCCOLLISTER BLOULEVARD — GILBERT STREET
TO SYCAMORE STREET IMPROVEMENTS PROJECT
S & G Matek
PO Box 3142
Iowa City IA
Prospect Farms
3377 Hanover CT
Iowa City IA 52245
(Insert Affected Property
Chapter 6B of the Iowa Code'
property rights under power of
notice of the project to all agricu
to hold a public hearing.
1. DESCRIPTION OF THE
and Addresses)
a governmental body
domain for a public i
perty owners whose yr
NOTICE IS HEREBY GIVEN to the above\ denfified a
City Council of the City of Iowa City will const r fundir
McCollister Boulevard — Gilbert Street to Sycamd a Stre 1
final selection of the route or site location, or acW g
necessary, required for the project. Said project i olv
roadway from Gilbert Street to Sycamore Street. a proj
with bike lanes along both sides. The projec also in
sidewalk, 16" water main, storm sewer intakes d piping:
2. PRIVATE PROPERTY
OR CONDEMNATION.
which } roposes to acquire
aprov�ement project to give
pertjes may be affected and
-o;n filtural property owners that the
f the site-specific design for the
Improvements Project, making the
or condemning property rights, if
as construction of a new arterial
.ct will include a 49' B -B roadway
ludes 5' wide sidewalk, 8' wide
BE ACQMRED BY NEGOTIATION
If the above-described project is app ved by the City Council, th�City may need to acquire
property rights for the project ' rovements. Property rights mRy include a temporary
construction easement, a perm it easement, and/or a fee sample parcel. (complete
ownership). Upon review of a records of the Johnson County Ahditor, it appears that
properties or portions of pro rties owned by the above -identified per ons may have to be
acquired for the proVbyood
a methods described above. The City will ttempt to purchase
the required properfaith negotiations. If negotiations are un ccessful, the City
will condemn thoserights which it determines are necessary fo ,the project. The
proposed location ove-described public improvement is shown o documentation
which is now on file in the office of the City Clerk and available for public vi "wing.
3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO
ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO
FUND PROJECT.
2
The City has provided funding in its budget for this project, as well as funding to acquire any
property rights that may be needed for the project. City staff has analyzed the options for how
to oceed with this project and has coordinated project planning with other appropriate
a—ancies. The planning has reached the point where preliminary designs now indicate that
certain\erty rights may need to be acquired. Any public comment will be considered in
preparing a final designs, particularly as private property may be affected.
In making th decision to fund the site-specific design for the public impro ement, to make
the final selech n of the route or site location, or to acquire or condemn roperty rights, if
necessary, the Ci Council is required to hold a public hearing, giving peisons interested in
the proposed pi Je the opportunity to present their views regarding the�decision to fund the
site-specific designs r the project, make the final selection of the rout or site location, or to
acquire or condemn, necessary, property or an interest in propey for the project. The
public hearing will be eld on the 7u' day of August, 2018 in th%City Council Chambers,
City Hall, 410 East Was 'ngton Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if
cancelled, at the next meet*ng of the City Council thereaftcas posted by the City Clerk.
In order to fund the site -s ecific design for the public)mprovement, to make the final
selection of the route or siteppcation, or to commencehe acquisition or condemnation of
property rights, if necessary, for'�the above-described lingect, City Council will be required to
approve the project and authoria acquisition of p Kate property rights for the project by
Council resolution. The City Co cil is scheduF to consider adoption of a resolution
authorizing acquisition of property n%ghts for the ove-described project following the public
hearing. 7
When an appraisal is required, if the prof t is approved by the City Council, an appraiser
will determine the compensation to be ,aid for easements and/or property acquired in fee
simple. The City will offer no less tha a appraised value and will attempt to purchase only
the needed property by good faith i gotiatios. If the City is unable to acquire properties
needed for the project by negot' on, the City will acquire those property rights by
condemnation.
4. CONTACT
If you have any questions onceming the McCollisteroulevard — Gilbert Street to Sycamore
Street Improvements Pr sect please contact the followiperson:
Dave Panos
City of low"
City
410 E. W hington Street
Iowa Ci ,IA 52240
(319)3 6-5145
5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO
PURCHASE PROPERTY RIGHTS.
The City Council of the City of Iowa City, Iowa has not yet determined to undertake the
above-described project or to acquire property rights for the project. This Notice does not
constitute an offer to purchase property rights.
3
6. STATEMENT OF RIGHTS.
Just as the law grants certain entities the right to acquire private property, you as the owner of
property have certain rights. You have the right to:
a. 1Receive just compensation for the taking of propeity. (Iowa Const., Article I, Section
b. An o r to purchase which may not be less�an the lowest appraisal of the fair
market lue of the property. (Iowa Code §§ 6B 5, 61354)
c. Receive a co of the appraisal, if an apprais 1 is required, upon which the acquiring
agency's Bete ination of just compensatio is based not less than 10 days before
being contacted 15K the acquiring agency's ac uisition agent. ( Iowa Code §613.45)
d. When an appraisal isNequired, an oppon
the acquiring agency w o appraises your
e. Participate in good faith
agency begins condemns
to accompany at least one appraiser of
rty. (Iowa Code §613.54)
the acquiring agency before the acquiring
(Iowa Code §6B.3(1))
f. If you cannot agree on a purchaselSrice with the acquiring agency, a determination of
just compensation by an imparti compensation commission and the right to appeal
its award to district court. (Iowa Code §§ 613.4, 613.7, and 613.18)
g. A review by the compensati n commis§ion of the necessity for the condemnation if
your property is agricul 1 land being condemned for industry; (Iowa Code §
613AA)
h. Payment of the agree upon purchase price, or if condemned, a deposit of the
compensation commi ion award before you ar required to surrender possession of
the property. (Iowa ode §§ 613.25 and 6B.54(11)',
i. Reimbursement foy expenses incidental to transferring title to the acquiring agency.
(Iowa Code §§ 6 .33 and 6B.54(10))
j. Reimbursemen of certain litigation expenses: (1) if the ward of the compensation
commissioner exceeds 110 percent of the acquiring a�ency's final offer before
condemnatio ; and (2) if the award on appeal in court is moi than the compensation
commission is award. (Iowa Code §613.33)
k. At least 9Tdays written notice to vacate occupied property. (Iowa`Code § 6B.54(4))
1. Relocaton services and payments, if you are eligible to receive them, and the right to
appeal our eligibility for and amount of payments. (Iowa Code §316.9)
0
The rights set out in this Statement are not
explanation of an owner's rights under the law.
claimed to be a full and complete list or
They are derived from Iowa Code Chapters
hts, you should refer
NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE
NEEDED FOR THE MCCOLLISTER BLOULEVARD — GILBERT STREET
TO SYCAMORE STREET IMPROVEMENTS PROJECT
TO: S & G Materials, PO Box 3142, Iowa City IA 52244-3142; Prospect Farms, 3377
Hanover CT, Iowa City IA 52245
Chapter 6B of the Iowa Code requires a governmental body which proposes to acquire
property rights under power of eminent domain for a public improvement project to give
notice of the project to all agricultural property owners whose properties may be affected and
to hold a public hearing.
1. DESCRIPTION OF THE PROJECT - NOTICE IS HEREBY GIVEN to the above -
identified agricultural property owners that the City Council of the City of Iowa City will
consider funding of the site-specific design for the McCollister Boulevard — Gilbert Street to
Sycamore Street Improvements Project, making the final selection of the route or site
location, or acquiring or condemning property rights, if necessary, required for the project.
Said project involves construction of a new arterial roadway from Gilbert Street to Sycamore
Street. The project will include a 49' B -B roadway with bike lanes along both sides. The
project also includes 5' wide sidewalk, 10' wide sidewalk, 16" water main, storm sewer
intakes and piping.
2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR
CONDEMNATION - If the above-described project is approved by the City Council, the
City may need to acquire property rights for the project improvements. Property rights may
include a temporary construction easement, a permanent easement, and/or a fee simple parcel
(complete ownership). Upon review of the records of the Johnson County Auditor, it appears
that properties or portions of properties owned by the above -identified persons may have to
be acquired for the project by the methods described above. The City will attempt to purchase
the required property by good faith negotiations. If negotiations are unsuccessful, the City
will condemn those property rights which it determines are necessary for the project. The
proposed location of the above-described public improvement is shown on documentation
which is now on file in the office of the City Clerk and available for public viewing.
3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO
ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND
PROJECT. - The City has provided funding in its budget for this project, as well as funding
to acquire any property rights that may be needed for the project. City staff has analyzed the
options for how to proceed with this project and has coordinated project planning with other
appropriate agencies. The planning has reached the point where preliminary designs now
indicate that certain property rights may need to be acquired. Any public comment will be
considered in preparing the final designs, particularly as private property may be affected.
In making the decision to fund the site-specific design for the public improvement, to make
the final selection of the route or site location, or to acquire or condemn property rights, if
necessary, the City Council is required to hold a public hearing, giving persons interested in
the proposed project the opportunity to present their views regarding the decision to fund the
site-specific designs for the project, make the final selection of the route or site location, or to
acquire or condemn, if necessary, property or an interest in property for the project. The
public hearing will be held on the 7'h day of August, 2018 in the City Council Chambers,
2
City Hall, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if
cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
In order to fund the site-specific design for the public improvement, to make the final
selection of the route or site location, or to commence the acquisition or condemnation of
property rights, if necessary, for the above-described project, City Council will be required to
approve the project and authorize acquisition of private property rights for the project by
Council resolution. The City Council is scheduled to consider adoption of a resolution
authorizing acquisition of property rights for the above-described project following the public
hearing.
When an appraisal is required, if the project is approved by the City Council, an appraiser
will determine the compensation to be paid for easements and/or property acquired in fee
simple. The City will offer no less than the appraised value and will attempt to purchase only
the needed property by good faith negotiations. If the City is unable to acquire properties
needed for the project by negotiation, the City will acquire those property rights by
condemnation.
4. CONTACT PERSON - If you have any questions concerning the McCollister
Boulevard — Gilbert Street to Sycamore Street Improvements Project please contact the
following person: Dave Panes, City of Iowa City, 410 E. Washington Street, Iowa City, IA
52240;(319)356-5145
5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO
PURCHASE PROPERTY RIGHTS. - The City Council of the City of Iowa City, Iowa has
not yet determined to undertake the above-described project or to acquire property rights for
the project. This Notice does not constitute an offer to purchase property rights.
The rights set out in this Statement are not claimed to be a full and complete list or
explanation of an owner's rights under the law. They are derived from Iowa Code Chapters
6A, 613 and 316, For a more thorough presentation of an owner's rights, you should refer
directly to the Iowa Code or contact an attorney of your choice.
Julie Voparil
Deputy City Clerk
CITY OF IOWA CI 07.03.18
COUNCIL ACTION REP 2e(3)
July 3, 2018
Resolution authorizing mailing and publication of notice of intent to
commence public improvement project for construction the McCollister
Boulevard — Gilbert Street to Sycamore Street Improvement Project and to
acquire property for the project; and setting date of public hearing of
August 7, 2018.
Prepared By:
Dave Panos — Senior Civil Engineer
Reviewed By:
Jason Havel — City Engineer
Ron Knoche — Public Works Director
Geoff Fruin — City Manager
Fiscal Impact:
Funding will be via the McCollister Blvd -Gilbert to Sycamore Fund
#3934
Recommendations:
Staff: Approval
Commission: N/A
Attachments:
Resolution
Notice of Intent
Executive Summary:
Preliminary design for the McCollister Boulevard — Gilbert Street to Sycamore Street
Improvement Project has begun and this resolution will allow acquisitions to begin upon
determination of property needs. A preliminary assessment indicates proposed improvements
require the acquisition of property rights for right-of-way, temporary construction easements,
and permanent storm sewer easements from property owners within the project corridor.
Background / Analysis:
The project will include the extension of McCollister Boulevard as an arterial roadway from
Gilbert Street to Sycamore Street. The project is expected to include a new roadway with bike
facilities, 5' sidewalk on one side, 8' sidewalk on one side, 16" water main, and storm sewer
intakes and piping.
Currently, much of the project corridor includes land that is being utilized for agriculture. Per
State Code, acquisition of property rights that may require condemnation under eminent
domain on agriculture land requires certain notices to be distributed, and a public hearing to
be held, before final design or construction of the Project. This item begins the process to
fulfill those requirements..
Deferred to 07/17/18
Prepared by: Bob Miklo, Senior Planner, 410 E. Washington St, Iowa City, IA; 319-356-5240 (CPA18-00001)
Resolution No.
A resolution amending the Comprehensive plan, Annexation Policy, to
add a section pertaining to affordable housing.
Whereas, the Comprehensive Plan contains policies regarding annexation of land into the
city; and
Whereas, the Comprehensive Plan contains a goal of providing a mix of housing types
within each neighborhood, to provide options for households of all types (singles, families,
retirees, etc.) and people of all incomes, and
Whereas, the Affordable Housing Action Plan includes a recommendation that
consideration be given to an annexation policy that provides for affordable housing
contributions, and
Whereas, the Planning and Zoning Commission has reviewed an amendment to the
Comprehensive Plan pertaining to affordable housing and has recommended approval.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
IC2030: Comprehensive Plan Update, Annexation Policy, is hereby amended to include the
following:
If the annexation is for residential development that will result in the creation of
ten (10) or more new housing units, the development will support the City's goal
of creating and maintaining the supply of affordable housing. Such support shall
be based on providing affordable units equal to 10% of the total units in the
annexed area with an assurance of long term affordability, preferably for a term
of not less than 20 years. Income targets shall be consistent with the City's
existing program requirements. How the development provides such support will
vary depending on the particular circumstances of the annexation, and may
include, but is not limited to, transfer of lots/units to the City or an affordable
housing provider; fee -in -lieu paid to the City's affordable housing fund; and/or
participation in a state or federal housing program. In determining the most
desirable option consideration shall be given to the interest of both the City and
the Iowa City Community School District in not exacerbating the burdens on
neighborhoods and elementary schools experiencing challenges related to
concentrations of poverty. An agreement committing the Owner/Developer to
the affordable housing obligation, shall be required prior to annexation, and shall
be further memorialized, if necessary, in a conditional zoning agreement.
Passed and approved this day of
Mayor:
Attest:
Kellie Fruehling, City Clerk
20_
0ro7 ✓C/�
City Attorney's Office
�6L,
P
�' CITY OF IOWA CITY 4a
MEMORANDUM
Date: May 3, 2018
To: Planning and Zoning Commission
From: Bob Miklo, Senior Planner
Re: Comprehensive Plan —Affordable Housing Annexation Policy
The City Council has asked the Planning and Zoning Commission to consider an amendment to
the Comprehensive Plan's Annexation Policy to add a section pertaining to affordable housing.
The proposed policy states:
If the annexation is for residential development that will result in the creation of
ten (10) or more new housing units, the development will support the City's goal
of creating and maintaining the supply of affordable housing. Such support shall
be based on providing affordable units equal to 10% of the total units in the
annexed area with an assurance of long term affordability, preferably for a term
of not less than 20 years. Income targets shall be consistent with the City's
existing program requirements. How the development provides such support will
vary depending on the particular circumstances of the annexation, and may
include, but is not limited to, transfer of lots/units to the City or an affordable
housing provider; fee -in -lieu paid to the City's affordable housing fund; and/or
participation in a state or federal housing program. In determining the most
desirable option consideration shall be given to the interest of both the City and
the Iowa City Community School District in not exacerbating the burdens on
neighborhoods and elementary schools experiencing challenges related to
concentrations of poverty. An agreement committing the Owner/Developer to
the affordable housing obligation, shall be required prior to annexation, and shall
be further memorialized, if necessary, in a conditional zoning agreement.
The current Annexation Policy is contained on page 17 of the Comprehensive Plan (copy
attached — the full Comprehensive Plan can be found at httos://www.icgov.oralcompplan). The
attached memorandum from Geoff Fruin, City Manager, provides more details regarding the
proposed policy.
On May 3, the Commission will set a public hearing for May 17 to receive public comment on
the proposed amendment.
Attachments:
February 26, 2018 Memorandum
Comprehensive Plan excerpts including current Annexation Policy
Map of annexations
City of Iowa City
MEMORANDUM
Date: February 26, 2018
To: City Council
From: Geoff Fruin, City Manager
Re: Affordable Housing Action Plan — Annexation Policy
Background: The Affordable Housing Action Plan includes a recommendation that
consideration be given to an annexation policy that provides for affordable housing
contributions. The City's current annexation policy is found in section 2 of the
Comprehensive Plan. (https://www.icciov.om/compplan). Text and maps of interest are
found at pp. 16-18 and Sections 10 and 11 (Future Land Use and Fringe Area Map), and
are attached. In Iowa City the practice has been to consider only voluntary annexations,
i.e. a petition by the owner of the land requesting to be annexed as opposed to an
application by the City to involuntarily annex property into the City. Under the City's policy,
a voluntary annexation is generally viewed positively when 3 conditions exist: 1) the area
under consideration falls within the long-range planning boundary; 2) Development in the
area proposed for annexation will fulfill an identified need, without imposing an undue
financial burden on the City; and, 3) Control of development is in the City's best interests.
The broad parameters of the annexation policy serve the City well for several reasons.
First, the City has no obligation to annex property. Its actions need only be reasonable
and consistent with the annexation policy found in the Comprehensive Plan. Second,
annexations are infrequent. Attached is a map showing the annexations to Iowa City
since 2005. Only 7 have been for residential development of more than 10 units. Finally,
each annexation presents variable issues that are often the subject of negotiation
between the City and the landowner (e.g. infrastructure and public facility needs and
costs, sewer and water fees, tax phase in).
In researching this issue, City staff has found little in the way of annexation policies from
other cities that specifically address affordable housing. For the most part, what is found
is express or implicit requirements that any land which is annexed must comply with a
city's inclusionary housing ordinance. For example, the City of Boulder has an
inclusionary housing ordinance (Chapter 9-13, Boulder City Code) that applies to all
residential development but does not address annexations. Staff contacted Boulder's
Housing Division and was told by the Deputy Director that while they strive for certain
benchmarks they intentionally do not have a written policy on annexations because each
annexation is the subject of a negotiated agreement with the city, and each can bring
different "community benefits."
In crafting a policy, it is important to keep in mind that affordable housing measures that
impose restrictions on the income of tenants and/or homeowners require income
monitoring and verification. (e.g. Development Agreement with CA Ventures for units at
Linn and Court; rental units provided in accordance with the Riverfront Crossings
Inclusionary Housing ordinance). While the Developer is responsible for verifying income,
oversight by the City is necessary both to educate Developers/Landlords with no
experience in affordable housing, and to assure compliance. With the intensification and
diversification of the City's affordable housing requirements, we have concerns about
staff's ability to effectively provide such oversight with existing staff resources. The
W-Otf$
IP3
February 26, 2018
Page 2
literature suggests that this is a common concern. In the Lincoln Institute of Land Policy's
Working Paper entitled Achieving Lasting Affordability through Inclusionary Housing
(2014) the authors' findings from their nationwide inventory include the following:
Stewardship Practice
The case study analysis provides unprecedented insight into the ways
local jurisdictions handle stewardship as part of their inclusionary housing
programs. Monitoring inclusionary housing units and engaging residents,
developers, lenders and other partners are essential for ensuring lasting
affordability. Despite evidence of best practices from other housing
programs, such as CI -Ts [community land trusts], there is wide variation
in local jurisdictions' approaches to stewardship—both the value placed
on stewardship and the specific stewardship activities used. A common
theme across programs was a lack of sufficient resources to sufficiently
monitor and steward properties and homeowners. Local jurisdictions have
also seen their inclusionary housing inventory evolve and become more
diverse—with more rental units, varying affordability terms, and multiple
partners—which makes stewardship more challenging to implement.
While many jurisdictions retain monitoring and stewardship activities in-
house, trends indicate more programs are partnering with external
organizations to provide these services. (p.30)
Recommendation:
The following parameters have guided staffs development of an affordable housing
criteria for annexations:
1. Allow for flexibility in addressing the issues presented by any particular annexation
while at the same time giving land owners/developers notice of the basic
parameters.
2. Make it consistent with our existing programs (e.g. 10% of units for developments
with over 10 units in RFC; 15% TIF requirement; affordable defined as housing
affordable to tenants at or below 60% area median income (AMI) and homeowners
at or below 80% AMI)
3. Emphasize types of affordable housing contributions that will not require City
income monitoring of private developments while allowing the flexibility to consider
other options in appropriate situations.
4. A preference for long term affordability that does not require income monitoring by
City staff.
By providing basic parameters that clearly define affordable housing as a critical
component to annexations we can give the City and the developer the flexibility to
negotiate based on the variables of each annexation request. In some cases, it may be
that fee -in -lieu of is desired, while in others it could be that partnerships with affordable
housing providers or the donation of land for a future LIHTC project is most appropriate.
Getting too specific with the policy may inhibit otherwise creative approaches to future
annexations.
With these parameters in mind, staff recommends adding the following to the criteria that
must be satisfied in order for annexation to occur:
February 26, 2018
Page 3
If the annexation is for residential development that will result in the creation of ten
(10) or more new housing units, the development will support the City's goal of
creating and maintaining the supply of affordable housing. Such support shall be
based on a goal of providing affordable units equal to 10% of the total units in the
annexed area. Income targets shall be consistent with the City's existing program
requirements. How the development provides such support will vary depending on
the particular circumstances of the annexation, and may include, but is not limited
to, transfer of lots/units to the City or an affordable housing provider; fee -in -lieu
paid to the City's affordable housing fund; and/or participation in a state or federal
housing program. An agreement committing the Owner/Developer to the
affordable housing obligation, shall be required prior to annexation, and shall be
further memorialized, if necessary, in a conditional zoning agreement.
After direction from Council, any proposed revision to the annexation policy will be
presented to the Planning and Zoning Commission for its recommendation and then come
back to Council in the form of a resolution amending the comprehensive plan.
16
McCollister Bridge, completed in 2009, is the
first new roadway to be constructed over the
Iowa River since the early 1960s. The bridge is
part of McCollister Boulevard, an east -west
arterial that will provide relief for Highway 6
to the north, connecting South Gilbert Street
west to Mormon Trek Boulevard. Eventually
the road will be extended east to Scott Boule-
vard, opening up residential development
throughout south Iowa City.
Growth and Infrastructure
Iowa City's growth policy is an integral part of the Comprehensive Plan in the following ways:
• It defines a long-range planning boundary for Iowa City;
■ It establishes when annexations should occur: and
• It establishes where the investment of public funds for infrastructure and improvements should oc-
cur (namely roads, water, and sewer).
The Growth Boundary defines the city's potential corporate limits—land that, for the purposes of long-
range planning, is projected to serve the city's growth need for 30-40 years. Sanitary sewer and streets are
the most expensive items of public infrastructure that must be provided to all new development within the
City.
Land included in the growth area must have the potential to be connected to the sewer system, which is
based on watershed boundaries. Guiding new developments to watersheds that can be served by gravity
flow to the City>'s sewage treatment plant facility enables the most cost effective provision of this essential
City service. The growth boundary is used when making decisions regarding the extension of infrastruc-
ture, the approval of subdivisions, the approval of agreements with other governmental jurisdictions re-
garding growth, and in response to annexation requests. In addition, the City coordinates with private utili-
ties to ensure that areas proposed for development can be fully served.
A Public Works land inventory completed in 2008 indicates that Iowa City had more than 1,496 acres of va-
cant residential land within city limits, mostly in the South and Northeast District. The designated growth
area contains an additional 3,095 acres of vacant residential land. Assuming that future residential develop-
ment occurs at densities similar to recent development patterns, Iowa City could reach build out capacity in
2034. However, if residential development were to maximize current zoning capacity, Iowa City would not
reach build out capacity until 2055. Neither of these assumptions accounts for the potential of infill develop-
ment in areas like Riverfront Crossings and Towncrest. Infill development at higher densities would absorb
some housing demand, thus conserving farmland and maximizing the use of infrastructure.
Prioritization of Investment in Infrastructure
When the City prioritizes public investment in infrastructure and public amenities, improvements that
serve properties within the corporate limits of Iowa City that further the City's policy of compact and con-
tiguous growth, including urban infill development, should be given priority. This policy will guide deci-
sion-making for the City s Capital Improvement Program (CIP). The CIP is one of the most effective tools
the City has to affect the timing and direction of growth, quality of life, the growth of basic industry, and
the cost of housing. Historically the City invested in infrastructure to accommodate moderate growth ra-
ther than building infrastructure prior to development In the future, City Council will use the CIP to effec-
tively guide the location and timing of growth in the community through an annual review and prioritiza-
tion of the CIP prior to the budget process.
While continued development of new neighborhoods and employment areas are anticipated in the City's
growth area, a significant policy focus for the City is to accommodate growth to the extent possible by fa-
cilitating higher density urban infill development, such as in the Riverfront Crossings District, and through
stabilization and revitalization efforts in existing neighborhoods and commercial areas, such as Down-
town, Towncrest, and Sycamore Mall.
Annexation Policy
Growth and development outside the corporate boundaries, within the long-range planning area and be-
yond, is influenced by the City through annexation and the Iowa City/Johnson County Fringe Area Agree-
ment Annexations occur primarily in response to petitions filed by the owners of property requesting to
be annexed. Voluntary annexation is generally viewed positively when the following conditions exist:
1. The area under consideration falls with the long-range planning boundary;
2. Development in the area proposed for annexation will fulfill an identified need without imposing
an undue financial burden on the City; or
3. Control of development is in the City's best interest
Annexations will typically be achieved through voluntary means. Involuntary annexations, which are initi-
ated by the City against a property owner's wishes, are considered only in extraordinary circumstances.
As part of any proposed annexation or development, the City must evaluate the capacity of existing infra-
structure, including streets, water, and sewer.
17
A community cannot grow without major in-
vestments in infrastructure, including water
purification and waste water treatment. In
2011, Iowa City's water treatment facility pro-
vided an average of 5.54 million gallons of water
per day to customers.
18
An aerial view of the eastern edge of Iowa City.
An important goal of Iowa City's Comprehen-
sive Plan is to manage urban growth by en-
couraging compact and contiguous develop-
ment. Contiguous development is more effi-
cient since building on land that is adjacent to
existing development and connecting into
existing road and utility networks is cost and
resource efficient and ensures that neighbor-
hoods are not isolated. This saves money for
developers, property owners, and taxpayers.
Fringe Area Agreement
State enabling legislation permits a city to regulate the subdivision of land within two miles of the City's
corporate boundaries. This area is known as the urban fringe area. Counties that enact ordinances control
the land uses permitted in this same area through zoning.
In the interest of managing growth and development in Iowa City's two-mile fringe area in a mutually ac-
ceptable manner, Johnson County and Iowa City have agreed on the appropriate land uses and standards
for development As Johnson County considers rezoning applications and Iowa City reviews subdivisions,
their decisions will be governed by the Iowa City/Johnson County Fringe Area Policy Agreement
The Agreement focuses exurban development in the area north of Iowa City, encourages development in
Iowa City s growth area only upon annexation, and provides some incentive for the preservation of open
space and environmentally sensitive features. The agreement has been working well to achieve the goals
of both the City and County. Although it will be reviewed periodically for updates, the implementation of
the Fringe Area Agreement will likely continue without significant changes. [See Fringe Area Map in the
appendix to this document.]
Growth and the Environment
Iowa City's vision for the future includes environmental protection as a basic tenet. This includes strong
community support for the Sensitive Areas Ordinance (SAO). Growth and development should be man-
aged such that the environmental quality of the community is not sacrificed. Measures should be taken in
all private and public projects to ensure that any impacts on regulated environmental features are mini-
mized.
The City's Sensitive Areas Inventory identifies the general location of woodlands, wetlands, regulated
slopes, hydric soils, prairie remnants, stream corridors, and archaeological sites (See the appendix). Based
on the information provided in the inventory, an ordinance was adopted in 1995 to provide protections
for the identified environmentally sensitive areas. The ordinance requires consideration of environmental
features during the development process and encourages construction that respects and protects natural
areas. As the City continues to grow and redevelop, natural areas that contribute to the health and charac-
ter of the city will be protected. The City should encourage subdivisions that not only preserve environ-
mental areas but that incorporate them as assets in the overall development as private or public open
space.
Iowa City, Iowa
July 3, 2018
The City Council of the City of Iowa City, Iowa, met on the above date in the Council Chambers,
410 E. Washington Street, Iowa City, Iowa 52240, at 7:00 p.m. in open regular session, pursuant to law
and the local rules of the Council.
The meeting was called to order by Mayor JIM THROGMORTON presiding, and on roll call
the following Council members were present or absent as follows:
NAME
PRESENT ABSENT
KINGSLEY BOTCHWAY II
X
ROCKNE COLE
X
MAZAHIR SALIN
X
JIM THROGMORTON
X
SUSAN MIMS
X
PAULINE TAYLOR
X
JOHN THOMAS
X
The Mayor announced that the purpose of the meeting was to hold a public hearing on the
proposal to amend the prior issue of Midwestern Disaster Area Revenue Bonds (Iowa Cancer Cure
Project) Series 2012, as may be required by law.
The Mayor then asked if there was any person or persons present to express views for or against
the proposal to amend said Bonds, notice of said hearing having been published as required by law.
Written objections or other comments were filed by the following:
(List names of persons filing objections and attach
copies of same. If none, insert the word "None.")
None.
Oral objections or other comments were made by the following:
(List names of persons appearing and a summary of any
views expressed. If none, insert the word "None.")
None.
(02452366.DOCX)
X
After ample opportunity had been given to all persons who appeared at the hearing to express
their views for or against the proposal to amend the prior issue of said Bonds, Council
Member Mims introduced a Resolution entitled:
PUBLIC HEARING AND RESOLUTION APPROVING AN
AMENDMENT TO THE TERMS OF MIDWESTERN DISASTER
AREA REVENUE BONDS (IOWA CANCER CURE PROJECT)
SERIES 2012, OF IOWA CITY, IOWA, AND SPECIFICALLY
APPROVING AMENDMENT OF SAID BONDS AND RELATED
MATTERS
hereto attached, and moved its adoption. Council Member Botchway seconded the motion
to adopt. After due consideration, the roll call was called and the resolution was adopted by the following
vote:
NAME AYE
KINGSLEY BOTCHWAY II x
ROCKNE COLE
x
MAZAHIR SALIH
JIM THROGMORTON
x
SUSAN MIMS
x
PAULINE TAYLOR
x
JOHN THOMAS
x
NAY DID NOT VOTE
X
Thereafter, the Mayor declared the resolution adopted and approval was signed thereto.
Additional matters were taken before the City Council.
Upon motion and vote, the meeting was adjourned.
IOWA CITY, IOWA
(Corporate Seal)
J THROGMORTON, Mayor
ATTEST:
e''
KELLIE FRUEHL G, City Clerk j
(02452366.DOCX)
RESOLUTION NO. 18-203
PUBLIC HEARING AND RESOLUTION APPROVING AN
AMENDMENT TO THE TERMS OF MIDWESTERN DISASTER
AREA REVENUE BONDS (IOWA CANCER CURE PROJECT)
SERIES 2012, OF IOWA CITY, IOWA, AND SPECIFICALLY
APPROVING AMENDMENT OF SAID BONDS AND RELATED
MATTERS,
WHEREAS, Iowa City, Iowa (hereinafter "Issuer"), is authorized and empowered by Chapter
419 of the Code of Iowa (hereinafter "Act') to issue revenue bonds and loan the proceeds from the sale of
said bonds to one or more parties to be used to defray all or a portion of the cost of acquiring,
constructing, improving, and equipping land, buildings and improvements for a "project," as that term is
defined in the Act, specifically including a project which is suitable for financing from Midwestern
Disaster Area bonds authorized under the federal Emergency Economic Stabilization Act of 2008, Pub. L.
No. 110-185, within Issuer in order to create jobs and employment opportunities and otherwise to
improve the welfare of the residents of the Issuer and of the State of Iowa; and
WHEREAS, in 2012 the Issuer issued such Midwestern Disaster Area Revenue Bonds in the
amount of $5,376,250 (the "Bonds") for Iowa Cancer Cure, a limited liability company organized under
Chapter 489 of the laws of Iowa (hereinafter "Borrower") and the sum of approximately
$4,625,854.41 of said Bonds is currently outstanding; and
WHEREAS, the Borrower and the Purchaser of the Bonds have consented to an amendment to
the terms of the Bonds, reducing the current interest rate and revising the interest rate adjustment formula
which will provide and induce public benefits; and
WHEREAS, the Bonds do not and shall never constitute an indebtedness of the Issuer within the
meaning of any state constitutional provision or statutory limitation and shall not constitute nor give rise
to a pecuniary liability of the Issuer nor are the Bonds a charge against its general credit or taxing powers,
and the principal of, interest and premium, if any, on the Bonds are payable solely out of the revenues
derived from the Project financed by the Bonds; and
WHEREAS, before the Bonds may be amended with the consent of all the parties, it is also
deemed advisable or necessary to conduct a public hearing on the proposal to amend the Bonds, all as
required and provided by Section 419.9 of the Act and Section 147(f) of the Internal Revenue Code of
1986, as amended ("Code").
NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, as follows:
Section 1. That it is hereby determined that it is necessary and advisable that the City
proceed with the amendment of the prior issuance of its Midwestern Disaster Area Revenue Bonds (Iowa
Cancer Cure Project), Series 2012.
Section 2. That at the public hearing conducted by this Council as required by the Act and
Section 147(f) of the Code, and pursuant to published notice, all persons who appeared were given an
opportunity to express their views for or against the proposal to amend said Bonds and it is hereby
determined that any and all objections to the amendment of the Bonds, are hereby overruled.
f 02452366.DOCX)
Section 3. That the City Council hereby approves the amendment to the terms of the Iowa
City, Iowa `s Midwestern Disaster Area Revenue Bonds (Iowa Cancer Cure Project) Series 2012 reducing
the current interest rate and revising the interest rate adjustment formula.
Section 4. That the City Council hereby approves the amendment to the terms of the Loan
Agreement dated as of April 1, 2012, between Iowa City, Iowa and Iowa Cancer Cure and to the terms of
the Bond Purchase Agreement dated as of April 1, 2012, between Iowa City, Iowa and Great Western
Bank, in each case to conform terms thereof to the reduction of the current interest rate and revised
interest rate adjustment formula.
Section 5. That the City Council hereby approves the Amendment Agreement attached
hereto as Exhibit "A" and authorizes the Mayor or the Mayor Pro Tem of the City Council to execute the
Amendment Agreement and any other documents that are required to effectuate this Resolution.
Section 6. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent
of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its
adoption.
Section 7. The officials of the Issuer are hereby authorized to take such finther action as
may be necessary to carry out the intent and purpose of this Resolution.
Adopted and approved the 3rd day of July, 2018.
IOWA CITY, IOWA
(Corporate Seal)
JEWTHROGNIORTON, Ma or
Attest:
KELLIE FRUEHL G, City Clerk
(02452366.DOCX)
CITY CLERK'S ChRTIFICATE
I, KELLIE FRUEHLING, do hereby certify that I am the duly appointed, qualified, and acting
City Clerk of Iowa City, Iowa ; that as such I have in my possession, or have access to, the complete
corporate records of said City and of its Council and officers; that I have carefully compared the transcript
hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true,
correct and complete copy of all the corporate records showing the action taken by the Council of
Supervisors of said County at a meeting open to the public on July 3, 2018, holding a public hearing and
approving the amendment of the prior issue of $5,376,250 aggregate principal amount of Midwestern
Disaster Area Revenue Bonds (Iowa Cancer Cure Project) Series 2012, of Iowa City, Iowa; and that the
proceedings remain in full force and effect and have not been amended or rescinded in any way; that the
meeting and all action thereafter was duly and publicly held in accordance with the notice of meeting and
tentative agenda as required pursuant to the rules of the Council and the provisions of the Code of Iowa.
Witness my hand and the Corporate Seal of said County hereto affixed this 3tay of July, 2018
(Corporate Seal)
KELLIE FRUEHLING, ity Clerk
(02452366.DOCX)
DEPUTY CITY CLERK'S CERTIFICATE
I, do hereby certify that I am the duly appointed, qualified, and acting
Deputy City Clerk of Iowa City, Iowa ; that as such I have in my possession, or have access to, the
complete corporate records of said City and of its Council and officers; that I have carefully compared the
transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a
true, correct and complete copy of all the corporate records showing the action taken by the City Council
of said City at a meeting open to the public on July 3, 2018, holding a public hearing and approving the
amendment of the prior issue of $5,376,250 aggregate principal amount of Midwestern Disaster Area
Revenue Bonds (Iowa Cancer Cure Project) Series 2012, of Iowa City, Iowa; and that the proceedings
remain in full force and effect and have not been amended or rescinded in any way; that the meeting and
all action thereafter was duly and publicly held in accordance with the notice of meeting and tentative
agenda as required pursuant to the rules of the City Council and the provisions of the Code of Iowa.
Witness my hand and the Corporate Seal of said City hereto affixed this qday of July, 2018.
(Corporate Seal) \\
��\p4r t \ ,Deputy City Clerk
t02452366.DOCX1
$5,376,250
CITY OF IOWA CITY, IOWA
MIDWESTERN DISASTER AREA REVENUE BONDS
(IOWA CANCER CURE PROJECT)
SERIES 2012
EXHIBIT "A"
AMENDMENT AGREEMENT
THIS AMENDMENT AGREEMENT (hereinafter "Agreement") between the CITY OF IOWA
CITY, IOWA, (hereinafter "Issuer"), IOWA CANCER CURE, L.L.C., a limited liability company
organized and existing under the laws of the State of Iowa (hereinafter "Borrower") and GREAT
WESTERN BANK (hereinafter "Original Purchaser").
RECITALS
WHEREAS, the City of Iowa City, Iowa (hereinafter "Issuer"), is authorized and empowered by
Chapter 419 of the Code of Iowa (hereinafter "Act') to issue revenue bonds and loan the proceeds from
the sale of said bonds to one or more parties to be used to defray all or a portion of the cost of acquiring,
constructing, improving, and equipping land, buildings and improvements for a "project," as that term is
defined in the Act, specifically including a project which is suitable for a purpose that is eligible for
financing from Midwestem Disaster Area bonds authorized under the federal Emergency Economic
Stabilization Act of 2008, Pub. L. No. 110-185, within Issuer in order to create jobs and employment
opportunities and otherwise to improve the welfare of the residents of the Issuer and of the State of Iowa;
and
WHEREAS, in 2012 the Issuer issued such Revenue Bonds (the "Bonds") for Iowa Cancer Cure,
a limited liability company organized under Chapter 489 of the laws of Iowa (hereinafter "Borrower");
and
WHEREAS, the Borrower and the Original Purchaser of the Bonds have consented to an
amendment to the terms of the Bond, the Financing Documents (as defined in a Loan Agreement dated as
of April 1, 2012) and other documents; and
WHEREAS, the Bonds do not and shall never constitute an indebtedness of the Issuer within the
meaning of any state constitutional provision or statutory limitation and do not constitute nor give rise to
a pecuniary liability of the Issuer nor a charge against its general credit or taxing powers, and the
principal of, interest and premium, if any, on the Bonds are payable solely out of the revenues derived
from the Project financed by the Bonds; and
WHEREAS, the Issuer, Borrower and Original Purchaser have agreed that in consideration of the
current market for similar bonds, the long-standing relationship between the Borrower and the Original
Purchaser, the agreement of the Borrower, and the transaction costs to refinance the outstanding principal
amount of the Bond, that the Bond and the Financing Documents should be amended.
102452385.DOCX)
NOW, THEREFORE, based upon the foregoing premises and the agreements and representations
contained herein, it is hereby agreed between the Issuer, Borrower and Original Purchaser:
1. Effective March 15, 2018, the rate of interest on Bond No. R-1 shall be 4.25%. Any
provision to the contrary in the Bond Purchase Agreement, Loan Agreement, Bond, or Promissory Note,
as such terms are defined in the Loan Agreement, shall be deemed amended to agree with this
Amendment Agreement.
2. The following amendment is hereby made to the terms of the Bond:
a. Effective March 15, 2018, the tax exempt rate of interest is 4.25% per annum.
b. The provisions of the Bond regarding interest rate adjustments are hereby
modified by striking the following sentence: "Commencing March 15 in the
years 2018, 2023, 2028 and 2033, the Tax Exempt Interest Rate shall be that rate
determined by the following formula: the rate which is equal to 74.01 % of the
sum of the Five Year Treasury Rate plus four percent (4%)." The following
sentence is hereby inserted in place of the forgoing sentence: "Commencing
March 15 in the years 2018, 2023, 2028 and 2033, the Tax Exempt Interest Rate
shall be that rate determined by the following formula: the rate which is equal to
83% of the sum of the Five Year Treasury Rate plus two and one-half percent
(2.5%).
The following amendment is hereby made to the Loan Agreement:
a. Add the following to the end of the definition of Bond:
"as amended effective March 15, 2018."
4. A copy of this Amendment Agreement shall be affixed to the Bond.
5. This Amendment Agreement shall be effective March 15, 2018.
6. Except as necessary to effect the foregoing, all other terms and provisions of the Bond,
the Bond Purchase Agreement, the Loan Agreement, the Promissory Note and all other documents
executed with respect to the Bond shall remain the same and be in full force and effect.
[The remainder of this page intenlionally left blank.]
(02452385.DOCX)
[SIGNATURE PAGE TO AMENDMENT AGREEMENT]
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their officers
thereunto duly authorized as of the 31 day of July, 2018.
IOWA CITY, IOWA
(Corporate Seal)
Attest: M%rTHROGMORTON, Mayor
KELLIE FRUEHLIN ,City Clerk
IOWA CANCER CURE
GREAT
(02452385.DOCX)
TRICK DONNELLY, Vice President
CITY OF IOWA CI.,8
COUNCIL ACTION REPO�-
July 3, 2018
Resolution relating to the Midwestern Disaster Area Revenue Bonds
(Iowa Cancer Cure Project) Series 2012, of Iowa City, Iowa
Prepared By: Dennis Bockenstedt, Finance Director
Reviewed By: Ashley Monroe, Assistant City Manager
Fiscal Impact: No impact
Recommendations: Staff: Approval
Commission: N/A
Attachments: Public hearing and resolution approving an amendment to the
terms of midwestern disaster area revenue bonds (Iowa Cancer
Cure project) series 2012, of Iowa City, Iowa and specifically
approving amendment of said bonds and related matters.
Executive Summary:
The City of Iowa City has been asked to consent to the reissuance of the Iowa City Cancer
Center Midwestern Disaster Area Revenue Bonds, Series 2012, to allow for a lower interest
rate and new rate adjustment formula. Following a public hearing, there is consideration of a
resolution amending the terms of the Loan Agreement between the City of Iowa City and Iowa
Cancer Cure and to the terms of the Bond Purchase Agreement between the City of Iowa City
and Great Western Bank, in each case, to conform terms to the reduction of the current interest
rate and to the revised interest rate adjustment formula.
Background / Analysis:
In 2012, Iowa Cancer Cure, L.L.C., and Doctors Hamed Tewfik and Ferial Tewfik, requested
that the City of Iowa City issue a Midwestern Disaster Area tax-exempt bond in the amount of
$5,376,250 for purposes of constructing a radiation oncology clinic office building at 3010
Northgate Drive, Iowa City, Iowa. The City issued the bond on May 4, 2012, under the authority
of Iowa Code Chapter 419.
In response to the 2008 floods, Congress authorized Midwestern Disaster Area tax-exempt
bond financing for projects located in 78 counties in Iowa. Tax-exempt bond financing enables
a business to borrow money for a capital project at an interest rate that at that time was
approximately 75% of the interest rate on conventional financing.
By participating in a Midwestern Disaster Area bond financing, the City of Iowa City provided
an opportunity for a project to be realized at a substantially lower cost of financing. Any expense
of the City with respect to the bond financing was paid by the Borrower, Iowa Cancer Cure,
L.L.C. The building was built to house Iowa City Cancer Treatment Center, L.L.C.
r 1 CITY OF IOWA CITY
�rIft
4 COUNCIL ACTION REPORT
The 2012 Bond included a formula for adjusting the interest rate over time. The first interest
rate adjustment occurred in March 2018. The formula generated an interest rate that was more
than was anticipated by the Borrower and the Great Western Bank, the purchaser of the Bond.
The Borrower and Great Western Bank, request that the City take the necessary steps to
amend the Bond documents to revise the interest rate formula for the current period, and for
future periods, and thus reduce the 2018 interest rate from the formula driven interest rate. All
costs of the City with respect to the request will be paid by Borrower.
Prepared by: Kirk Lehmann, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319.356.5230
RESOLUTION NO. 18-204
Resolution adopting Iowa City's FY18 Annual Action Plan Amendment
#2, which is a sub -part of Iowa City's 2016-2020 Consolidated Plan
(CITY STEPS)
Whereas, the U.S. Department of Housing and Urban Development requires the City of Iowa City,
Iowa, to prepare and submit an Annual Action Plan as part of the City's Consolidated Plan (CITY
STEPS) to plan for the use of federal funds to assist lower income residents with housing, jobs
and services; and
Whereas, in the FY18 Annual Action Plan, the City allocated Successful Living $50,000 in FY18
HOME funds for the rehabilitation of 23 rental Single Room Occupancy (SRO) units in four
properties; and
Whereas, in the FY18 Annual Action Plan, the City allocated Successful Living $51,000 in FY18
HOME funds and $36,000 for the acquisition of ten rental SRO units in two properties; and
Whereas, Successful Living has requested to provide more substantial rehabilitation forfive rental
SRO units in one property and to consolidate and increase its down payment by acquiring five
rental SRO units in one property; and
Whereas, proposed FY18 Annual Action Plan Amendment #2 is attached hereto as Exhibit A; and
Whereas, according to the City Council adopted Citizen Participation Plan the proposed
amendment is considered substantial and requires City Council approval; and
Whereas, the City has disseminated information soliciting public input at the July 3, 2018 City
Council meeting on the proposed Amendment #2; and
Whereas, the City Council finds that the public interest will be served by the adoption of the
Amendment # 2 to the FY18 Annual Action Plan.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The City of Iowa City's Amendment #2 to the FY18 Annual Action Plan, copies of which
are filed in the Neighborhood and Development Services Department, are hereby
approved and adopted.
2. The City Manager of Iowa City is hereby authorized and directed to submit the applicable
documentation for the City of Iowa City's Amended FY18 Annual Action Plan to the U.S.
Department of Housing and Urban Development to provide all the necessary certifications
required by the U.S. Department of Housing and Urban Development in connection with
said Plan.
Passed and approved this 3rd day of July 2018.
MA OR
Approved by
ATTEST: 6 -d
CITY CLERK City Attorney's Office
Resolution No.
Page 2
18-204
It was moved by Thomas and seconded by Botchway the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Botchway
x Cole
x Mims
x Salih
x Taylor
x Thomas
x Throgmorton
EXHIBIT A
FY18 Annual Action Plan
Substantial Amendment #2
July 3, 2018
The FY18 Annual Action Plan includes three allocations to Successful Living as part of the "Other
Housing Activities" project. The first is the rehabilitation of 23 Single Room Occupancy (SRO)
units in four properties funded by $50,000 in FY18 HOME funds. The remaining two are the
acquisition of ten new rental SRO units in two properties, funded by $51,000 in FY18 HOME and
$36,000 in FY18 CDBG funds.
Successful Living requests to reduce the number of units assisted with their $50,000
rehabilitation award. Instead of rehabilitating four properties, they will rehabilitate one
property with five SRO units due to increased costs of rehabilitation. Successful Living also
requests to combine the $51,000 HOME and $36,000 CDBG awards for acquisition into one
property, instead of two, for a total of five SRO units. No funds have been expended on this
project to date. The proposed amendment is detailed on the following page.
The City Council will consider this recommendation on July 3, 2018 following a 30 -day public
comment period and an amendment will be submitted to the U.S. Department of Housing and
Urban Development (HUD) subject to City Council approval.
Jurisdiction: City of Iowa City, Iowa
Contact Person
Jurisdiction Web Address:
Erika Kubly
http://www.icgov.org/actionplan
Neighborhood Services Coordinator
410 E. Washington Street
Iowa City, IA 52240
319.356.5221
Erika-Kubly@lowa-City.org
Proposed Amendment
Project Name
Other Housing Activities
Target Area
Citywide
Goals Supported
Improve quality of affordable rental units; Increase the supply of affordable rental housing
Needs Addressed
Expanding Affordable Rental/Owner Housing; Preserve Existing Affordable Housing Units;
Housing & Services for Homeless/Those at Risk; Planning & Administration
Funding
CDBG: $ 36,000 HOME: $290,000
Description
With CDBG and HOME funding in accordance with rules and regulations, assistance will be
provided by the City directly to homeowners and developers, as well as to nonprofits, forprofit
or CHDOs to acquire and/or rehabilitate properties, correct substandard conditions, make
general repairs, improve energy efficiency, reduce lead paint hazards, and make emergency or
accessibility repairs. May include: acquisition/rehab/resale, refinance/rehab, demolition/site
preparation, new construction, downpayment/closing cost assistance and housing counseling.
Housing units assisted will be single or multiunit affordable housing to be sold, rented, or
lease/purchased, as allowed by CDBG and HOME regulations. Beneficiaries of housing activities
will be low to moderate income households as specified by HUD regulations. Other funding
available includes program income generated by the repayment of loan funds. Funding will als
be utilized for project delivery costs and administration of housing programs, as allowed by
CDBG and HOME regulations.
Target Date
June 30, 2018
Goal Outcome Indicators
210 Rental Housing Units Rehabilitated
1 Homeowner Housing Unit Added
X38 Other (Rental Housing Units Acquired)
Location Description
Citywide
Planned Activities
See Exhibit A attached for planned activities and beneficiaries.
(Changes will be reflected throughout the document, including beneficiary descriptions, etc.)
Crisis Center Remodel $85,000 NA 11,859
Neighborhood and Area Wetherby Park Improvements $75,000 NA 300
Benefits
Homeowner Housing Comprehensive rehabilitation $235,000 $90,000 22
Rehabilitation
CHDO Operating NA $18,000 NA
The Housing Fellowship Rental Rehab $86,000 5
Other Housing Activities Successful Living SRO units $36,000 $51,000 495
Habitat for Humanity $35,000 1
MYEP Rental Acquisition
Successful Living Rental Rehab
$50,000
$50,000
Persons /
Economic Development Economic Development Set-aside
$50,000
NA
Households /
Project Planned activities
CDBG Award
HOME Award
Facilities Assisted
Aid to Agencies Shelter House
$49,696
NA
650
Aid to Agencies NCJC
$43,434
NA
120
Low -Mod Clientele Public Aid to Agencies DVIP
$4,570
NA
300
Services/Facilities MYEP Facility
$31,000
NA
445
Little Creations Academy
$73,000
NA
15
Crisis Center Remodel $85,000 NA 11,859
Neighborhood and Area Wetherby Park Improvements $75,000 NA 300
Benefits
Homeowner Housing Comprehensive rehabilitation $235,000 $90,000 22
Rehabilitation
CHDO Operating NA $18,000 NA
The Housing Fellowship Rental Rehab $86,000 5
Other Housing Activities Successful Living SRO units $36,000 $51,000 495
Habitat for Humanity $35,000 1
MYEP Rental Acquisition
Successful Living Rental Rehab
$50,000
$50,000
3
2-35
Economic Development Economic Development Set-aside
$50,000
NA
2
CDBG and HOME CDBG Administration
Administration/Planning HOME Administration
$126,049
NA
NA
$46,635
NA
NA
Total
$808,749
$426,635
13,732
T 1 CITY OF IOWA CIT-3�
�
-^� COUNCIL ACTION REPO[ w
June 18, 2018
Resolution adopting Iowa City's FY18 Annual Action Plan Amendment #2,
which is a sub -part of Iowa City's 2016-2020 Consolidated Plan (CITY
STEPS)
Prepared By: Kirk Lehmann, Community Development Planner
Reviewed By: Erika Kubly, Neighborhood Services Coordinator
Tracy Hightshoe, Director of Neighborhood & Development Services
Fiscal Impact: No Impact
Recommendations: Staff: Approval
Housing and Community Development Commission: Approval
Attachments: Exhibit A
Executive Summary:
A resolution considering approval of the FY18 Annual Action Plan Amendment #2 will be
considered at the July 3, 2018 City Council meeting. The FY18 Annual Action Plan includes
three rental housing actions by Successful Living as part of the "Other Housing Activities"
project. The first is the rehabilitation of 23 rental SRO units in four properties funded by $50,000
in FY18 HOME funds. The second and third are the acquisition of two new properties with a
total of 10 new rental SRO units, funded by $51,000 in FY18 HOME and $36,000 in FY18
CDBG funds respectively. City of Iowa City staff proposes amending the activities to reduce the
number of beneficiaries. Rehabilitation will be reduced from 23 rental SRO units in four
properties improved to 5 rental SRO units in one property improved. Acquisition will be reduced
from 10 rental SRO units in two properties acquired to 5 rental SRO units in one property
acquired. No funds have been expended on this project to date.
Background / Analysis:
During its routine annual monitoring at the April 19 Housing and Community Development
Commission (HCDC) meeting, Successful Living requested combining its FY18 HOME and
CDBG acquisition funds into a single project to allow a larger down payment. This would lower
the amount of units they would acquire from 10 Single Room Occupancy (SRO) units in two
properties to 5 SRO units in one property. However, it would also make their offers on homes
more competitive. It is difficult to put offers contingent on an environmental review when homes
sell as rapidly as they do in Iowa City (one offer was already rejected).
Previously, Successful Living had discussions with staff about focusing their FY18 rental
rehabilitation activities from four buildings with 23 SRO units to one building with five SRO units.
They made this request after learning in discussions with an engineer that repairs would cost
significantly more than initially expected.
Successful Living subsequently requested these changes as a single amendment formally and
staff published the draft amendment with a more than 30 -day public comment period. To date
no public input has be received. The Housing and Community Development Commission
formally recommended approval at their May 24, 2018 meeting.
For publication in Press Citizen on Monday, June 18,
2018
PUBLIC COMMENT PERIOD ON
FY18 ANNUAL ACTION PLAN AMENDMENT #2
The City Council will hold a public meeting, accept
comments, and consider approval of Iowa City's FY18
Annual Action Plan Amendment #2 on July 3, 2018. The
meeting will be held at Emma Harvat Hall, 410 East
Washington Street at 7:00 p.m.
Annual Action Plans are part of Iowa City's Consolidated Plan
(a.k.a. CITY STEPS). The Annual Action Plan includes
information on the proposed use of Community Development
Block Grant (CDBG) and HOME Investment Partnership
(HOME) funds for housing, jobs, and services for low -
moderate income persons. The Annual Action Plan outlines
proposed activities and their budgets.
The FY18 Annual Action Plan includes rental housing actions
by Successful Living. The amendment will reduce the
expected beneficiaries. Successful Living proposes to
rehabilitate one property with five Single Room Occupancy
(SRO) Units as opposed to four properties with 23 SRO units
($50,000 HOME funds). Successful Living also proposes to
combine FY18 CDBG and HOME funding to acquire one
property with five SRO units as opposed to purchasing two
properties with 10 SRO units ($51,000 HOME, $36,000
CDBG). No funds have been expended on these projects to
date.
Copies of the proposed amendments are available from the
Neighborhood and Development Services Department, 410
East Washington Street or on Iowa City's web site
(www.icgov.org/actionplan). Additional information is
available by calling 319-356-5230.
Comments may be submitted in writing to the Neighborhood
and Development Services Department at the address above
or by email to Kirk-Lehmann@iowacity.org. If you require
special accommodations or language translation please
contact Erika Kubly at 356-5230 at least seven (7) days prior
to the meeting.
C:\Usems voparilWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\X000SUC5Wmendment #2 Public Meeting Notice.docx
Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)3565044
Resolution no. 18-20
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
Creekside Park Improvements 2018 Project
Whereas, All American Concrete, Inc. of West Liberty, Iowa has submitted the lowest responsible
bid of $623,450.00 for construction of the above-named project; and
Whereas, the bid includes the base bid and Alternates 1, 3, and 4; and
Whereas, funds for this project are available in account # R4341.
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, 3, and 4 is hereby awarded to All American Concrete, Inc. of West Liberty,
Iowa, 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 3rd day of July _,2018
Attests � /)
City Clerk
/I / "Y
M or
Approved by
City Attorney's Office d-] 10
It was moved by Mims and seconded by Botchway the Resolution be
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
ABSENT:
Botchway
Cole
Mims
X Salih
Taylor
Thomas
Throgmorton
'r 1 CITY OF IOWA CIT 7-03-111
-
COUNCIL ACTION REP01
July 3, 2018
Resolution awarding contract and authorizing the Mayor to sign and the
City Clerk to attest a contract for construction of the Creekside Park
Improvements 2018 Project
Prepared By: Brett Zimmerman - Civil Engineer
Reviewed By: Juli Seydell Johnson - Parks and Recreation Director
Kumi Morris - Facilities Manager
Jason Havel - City Engineer
Ron Knoche - Public Works Director
Geoff Fruin - City Manager
Fiscal Impact: The contract amount for this project is $623,450.00 and will be funded
through account # R4341
Recommendations: Staff: Approval
Commission: Parks Commission reviewed the Park Redevelopment
Master Plan on June 14, 2017.
Attachments: Resolution
Executive Summary:
This agenda item awards the contract for the Creekside Park Improvements 2018 Project to
All American Concrete, Inc. of West Liberty, Iowa. Base bid scope of work for this project
includes removal and replacement of the existing shelter, restrooms, play area, play
equipment, pavement; installation of drinking fountain, benches, bike repair station, dog litter
bag station, garbage and recycling containers; site landscaping; removal of existing bridge;
and storm and sanitary improvements at Creekside Park.
Project alternates include the following:
• Add Alternate #1: The additional work and cost for providing split face block along the
base of the restroom and open shelter structures as shown on the plans.
• Add Alternate #2: The additional work and cost for providing limestone veneer along
the base of the restroom and open shelter structures as shown on the plans.
• Add Alternate #3: The additional work and cost for providing limestone for creek
access as shown on the plans.
• Add Alternate #4: The additional work and cost for providing site amenities of grills,
benches, bike parking, bike repair station, dog litter receptacle, trash/recycling
receptacles and associated work as shown on the plans.
• Add Alternate #5: The additional work and cost for assembly and installation of the
proposed playground equipment including surfacing and associated work as shown on
the plans.
Background / Analysis:
A master plan was created in 2017 to guide redevelopment of Creekside Park. Creekside
Park is a 5 -acre park located at 1858 7th Avenue Court. The park area has been expanded in
recent years through the acquisition of six residential lots as part of the flood mitigation
program.
r 1 CITY OF IOWA CITY
,�^�� COUNCIL ACTION REPORT
Two bids were received at the June 26t' bid letting:
Company
All American Concrete,
Inc.
Tricon General
Construction
Base Bid
$
585,250.00
$
692,000.00
Alt.
#1
$
9,600.00
$
2,000.00
Alt.
#2
$
15,000.00
$
6,500.00
Alt.
#3
$
11,600.00
$
12,000.00
Alt.
#4
$
17,000.00
$
12,000.00
Alt.
#5
$
34,000.00
1 $
30,000.00
Based upon the bids received, staff recommends awarding the Base Bid and Alternates #1,
#3, and #4 to All American Concrete, Inc. of West Liberty, Iowa.
Funding for the project will be provided by General Obligation bond proceeds available in the
Creekside Park Redevelopment account #R4341, as well as additional funding from
Stormwater and Wastewater revenues, Roadside Vegetation Management account #R4226
and Parks Annual Improvements/Maintenance account #R4130.
Project Timeline:
Bid Letting — June 26, 2018
Award Date — July 3, 2018
Construction Start — July 16, 2018
Final Completion — May 31, 2019
S N Y D E R " Creekside Park Master Plan
&ASSOCIATES 11A,1 N Iowa City, 1A June 1, 2017
I
NOTICE TO BIDDERS
CREEKSIDE PARK IMPROVEMENTS 2018 PROJECT
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M.
on the 26th day of June, 2018. 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 3"' day
of July, 2018, or at a special meeting called for that purpose. There is a recommended pre-bid
meeting. This will start at 10 A.M. local time on Thursday, June 7, 2018 at the Creekside Park
Shelter -1858 7th Avenue Ct., Iowa City, Iowa.
This project includes removal and replacement of the existing shelter, restrooms, play area, play
equipment, pavement and bridge; installation of drinking fountain, benches, bike repair station, dog
litter bag station, garbage and recycling containers; site landscaping; and storm and sanitary
improvements at Creekside Park.
All work is to be done in strict compliance with the plans and specifications prepared by Snyder
and Associates, Inc. of Iowa City, 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 10% of the bid. The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City
in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the
City Council's award of the contract and post bond satisfactory to the City ensuring the faithful
performance of the contract and maintenance of said Project, if required, pursuant to the provisions
of this notice and the other contract documents. 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 hundred percent
(100%) of the contract price, said bond to be issued by a responsible surety approved by the City,
and shall guarantee the prompt payment of all materials and labor, and also protect and save
harmless the City from all claims and damages of any kind caused directly or indirectly by the
operation of the contract, and shall also guarantee the maintenance of the improvement for a period
of five (5) year(s) from and after its completion and formal acceptance by the City Council.
The following limitations shall apply to this Project:
Specified Start Date: July 16, 2018
Specified Completion Date: May 31, 2019
Liquidated Damages: $500.00 per day
NTB-1
The plans, specifications and proposed contract documents may be examined at the office of the
City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at
the Office of Technigraphics, a division of Rapids Reproductions located at 415 Highland
Ave, Suite 100, Iowa City, Iowa 52240, Phone: 319-354-5950, Fax: 319-354-8973, Toll -Free:
800-779-0093, by bona fide bidders. A J5M fee plus $20.00 for shipping and handling is
required for each set of plans and specifications provided to bidders or other interested
persons. The fee shall be in the form of a check, made payable to the City of Iowa City, by
bona fide bidders. The $50.00 deposit will be refunded to plan holders who return the bidding
documents in good condition within 15 days after receipt of bids.
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.
Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties
with whom the bidder intends to subcontract. This list shall include the type of work and approximate
subcontract amount(s).
The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed
subcontractors, together with quantities, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must be given to products and provisions grown and coal
produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under
Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project.
The City reserves the right to reject any or all proposals, and also reserves the right to waive
technicalities and irregularities.
Posted upon order of the City Council of Iowa City, Iowa
KELLIE FRUEHLING, CITY CLERK
NTB-2