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HomeMy WebLinkAbout2020-05-19 ResolutionItem Number: 6.b. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT May 19, 2020 Resolution Amending FY2020 Inter -fund transfers. Prepared By: Jacklyn Fleagle, Budget & Compliance Officer Reviewed By: Dennis Bockenstedt, Finance Director Fiscal Impact: Noted on attached schedule Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The Iowa Department of Management's administrative rules require that all inter -fund transfers be authorized by resolution by the City Council. This resolution amends the FY2020 authorized inter - fund transfers to mirror what is included in the FY2020 amended budget. Background /Analysis: In April 2019, the Iowa Administrative Code incorporated new regulations surrounding the management of inter -fund transfers. In addition to being adopted as part of the budget, which is subject to a public hearing, inter -fund transfers are now required to be approved by the City Council by resolution. Each transfer must include the fund sending the transfer, the fund receiving the transfer, the amount of the transfer, and the reason for the transfer. These new rules took effect in May 2019. ATTACHMENTS: Description Resolution &' 13 Prepared by: Jacklyn Fleagle, Budget 8 Compliance Officer, 410 E. Washington St., Iowa City, IA 52240.(319)356-5063 Resolution No. 20-119 Resolution Amending FY2020 Inter -fund Transfers Now therefore, be it resolved by the City Council of the Clty of larva City, Iowa that the City of Iowa City, In Johnson County, Iowa, approves the following transfer of monies between funds In accordance with the Administrative Code of the State of Iowa. The City Finance Director is hereby authorized to initate and record the listed Inter -fund transfers up to the amounts set cul below. Transfer Out Transfer In Original Amended Fund Fund Reason Amount Amount General Fund Cable TV Equipment Reserve Equipment Reserve $10,000.00 $10,000.00 General Fund Emergency Reserve Reserve Transfer $0.00 $500,000.00 General Fund Facility Reserve Reserve Transfer $0.00 $2,000,000.00 General Fund Wastewater Fund Low Income Discount Donations $1,000.00 $3,000.00 General Fund Water Fund Low Income Discount Donations $1,000.00 $3,000.00 General Fund Refuse Collection Fund Low Income Discount Donations $2,000.00 $6,000.00 General Fund Sto in Water Fund Low Income Discount Donations $1,000.00 $3,000.00 General Fund Capital Projects ClPfunding $1,689,822.00 $2.044,822.00 General Fund Airport Fund ClPfunding $100,000.00 $10.000.00 General Fund MPOJC Fund Operating funding $69,012.00 $69,012.00 General Fund Affordable Housing Fund Operating Funding $1,000,000.00 $1,000,000.00 General Fund Ubrery Replacement Reserve Equipment Reserve $62,422.00 $62,422.00 General Fund Debt Service Fund Aniston Village Loan Pmt $20,052.00 $20,052.00 General Fund Transit Fund Transit Levy Transfer $3.721,479.00 $3,721,479.00 General Fund TIF Fund Hilton Garden Inn Rebate Transfer $107.620.00 $18D,000.00 General Fund Landfill Fund Loan Repayment $55,587.00 $77,822.03, General Fund HOME Fund Historical Ginnie; $0.00 $15,000.00 Public Art Fund Capital Projects ClPfunding $0.00 $73,450.00 CDBG Fund Capital Projects ClPfunding $0.00 $39,172.00 HOME Fund Housing Authority Fund Operating funding $29,290.00 $93,533.00 Road Use Tex Fund Capital Projects ClPfunding $2,947,000.00 $3,207,360.00 React Use Tax Fund Landfill Fund Loan Repayment $37,058.00 $51,881.00 React Use Tax Fund General Fund Forestry Cost Share $82,326.00 $82.326.00 React Use Tax Fund MPOJC Fund Cost share $283,518.00 $283,518.00 Employee Benefits General Fund Employee benefits $10,924,104.00 $11,467,445.00 Employee Benefits Road Use Tax Fund Employee benefits $464,474.00 $515,321.00 Tax Increment Financing General Fund Loan Repayment $1,166.322.00 $1,166,322.00 Tax Increment Financing Capital Projects TIF precertification expenditures 532,479.00 $32,479.00 Tax Increment Financing Debt Service Debt payments $1,059,868.00 $1,059,868.00 Parking Fund Landfill Fund Loan Repayment $249,736.00 $249,736.00 Parking Fund Parking Capital Reserve Reserve Transfer $0.00 $3,750,000.00 Parking Fund Capital Projects CIP funding $675,000.00 $0.00 Parking Fund Parking Debt SerNce Lease Payment $1,021,221.00 $5.851,667.00 Parking Impact Fee Fund Parking Debt Service Lease Payment $0.00 $435.996.00 Parking Capital Reserve Capital Projects CIP funding $0.00 $1,225,000.00 Transit Fund Transit Bus Reserve Reserve Transfer $275,000.00 $1,275.000.00 Transit Fund Capital Projects CIP funding SO.W $200,000.00 Wastewater Fund Wastewater Debt Reserve Debt payments $2,935,300.00 $2,935,300.00 Wastewater Fund Wastewater Capital Projects ClPfunding $2,940,000.00 $0.00 Wastewater Fund Wastewater Captial Reserve Reserve Transfer $0.00 $8,600,000.00 Wastewater Capital Reserve Wastewater Capital Projects ClPfunding $0.00 $3,030,000.00 Wastewater Capital Projects Wastewater Fund Loan Repayment $1,750,000.00 $1,750,000.00 Water Fund Water Debt Reserve Debt payments $2,002,728.50 $1,847,217.00 Water Fund Water Capital Reserve Reserve Transfer $0.00 S4,O00,000.W Water Fund Water Capital Projects CIP funding $1,057,350.00 $0.00 Water Capital Reserve Water Capital Projects ClPfunding SO.W $1,685,000.00 Landfill Fund Landfill Reserves Closure/Replacement funding $984,603.00 $984.603.00 Landfill Fund Capital Projects ClPfunding $1,830,000.00 $1,400,000.00 Landfill Fund Capital Projects Inlerfund Loan $0.00 $1,000,000.00 Airport Fund Capital Projects ClPfunding $65,025.00 $0.00 Airport Fund Airport Capital Reserve Reserve Transfer S100 $114,975.00 Airport Capital Reserve Capital Projects ClPfunding $0.00 $132,200.00 Scorn Water Fund Storm Water Capital Projects ClPfunding $990,000.00 $0.00 Storm Water Fund Storm Water Capital Reserve Reserve Transfer $D.W $1,100,000.00 Storm Water Capital Reserve Storm Water Capital Projects ClPfunding $0.00 $1,090.000.00 Housing Authority Fund General Fund RLOT/NDS Director cost share $49,483.00 $49,483.00 19th May Passed end approved this day of �,� 2020 Resolution No. 20-119 Page 2 It was moved by salih and seconded by Weiner the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bergus % Mims x Salih x Taylor % Teague % Thomas % Weiner Item Number: 6.c. 1 CITY OF IOWA CITY ��.:. -dry in � at COUNCIL ACTION REPORT May 19, 2020 Resolution Appointing Paying Agent, Bond Registrar, and Transfer Agent, Approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the Execution of the Agreement. Prepared By: Dennis Bockenstedt, Finance Director Reviewed By: Ashley Monroe, Assistant to the City Manager Fiscal Impact: Adopted as part of the FY2020 Revised Budget and 2020-2024 Capital Improvement Program Recommendations: Staff: Approval Commission: N/A Attachments: Executive Summary: On the May 19 City Council agenda, there are two separate resolutions for the City Council to consider in order to complete the sale of the 2020 General Obligation Bonds. This resolution appoints US Bank as the registrar and paying agent for the 2020 General Obligation Bonds and authorizes the execution of an agreement with them for these services. Background /Analysis: On May 5, 2020, the City sold the 2020 General Obligation Bonds at a par amount of $12,145,000. The City received three bids on the 2020 General Obligation Bonds from Robert W. Baird & Company, Raymond James & Associates, and JP Morgan Securities. The lowest true interest rate bid was received from Robert W. Baird & Company of Milwaukee, Wisconsin at 1.5589°/x. The 2020 General Obligation bonds are 10 -year bonds that mature in 2030. ATTACHMENTS: Description Agreement Relating to Paying Agency, Registrar and Transfer Agency Resolution Appointing Paying Agent (,e• b AGREEMENT RELATING TO PAYING AGENCY, REGISTRAR AND TRANSFER AGENCY THIS PAYING AGENT/BOND REGISTRAR AGREEMENT (this "Agreement'), is entered into as of June 1, 2020 by and between the City of Iowa City, Iowa (the "Issuer"), and U.S. Bank National Association ("Bank"), as Paying Agent and Bond Registrar. RECITALS WHEREAS the Issuer has duly authorized and provided for the issuance of its Bonds, entitled General Obligation Bonds, Series 2020 (the "Bonds") in an aggregate principal amount of $12,145,000 to be issued as fully registered bonds without coupons; WHEREAS the Issuer will ensure all things necessary to make the Bonds the valid obligations of the Issuer, in accordance with their terms, will be done upon the issuance and delivery thereof; WHEREAS the Issuer and the Bank wish to provide the terms under which Bank will act as Paying Agent to pay the principal, redemption premium (if any) and interest on the Bonds, in accordance with the terms thereof, and under which the Bank will act as Registrar for the Bonds; WHEREAS the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent and Bond Registrar for the Bonds; WHEREAS the Issuer has duly authorized the execution and delivery of this Agreement; and all things necessary to make this Agreement a valid agreement have been done. NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE DEFINITIONS Section 1.01. Definitions. For all purposes of this Agreement except as otherwise expressly provided or unless the context otherwise requires: Definition of Terms. The temps "item", "receipt', "transfer", "turnaround", "process", "business day", and other terns used throughout the Agreement shall be deemed to have the meanings provided in Rules 17Ad-1 and 17Ad-2 of the Regulations promulgated pursuant to the Securities Exchange Act of 1934 and Section 76.10(4) of the Code of Iowa, as amended and in effect from time to time. "Bank" means U.S. Bank National Association, a national banking association organized and existing under the laws of the United States of America. "Bond Register" means the book or books of registration kept by the Bank in which are maintained the names and addresses and principal amounts registered to each Registered Owner. "Fiscal Year" means the fiscal year of the Issuer ending on June 30 of each year. "Issuer" means City of Iowa City, Iowa. "Paying Agent" or "Agent" means the Bank when it is performing the function of paying agent for the Bonds. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government or any entity whatsoever. "Registered Owner" means a Person in whose name a Bond is registered in the Bond Register. "Registrar" means the Bank when it is performing the function of registrar for the Bonds. "Stated Maturity" when used with respect to any Bond means the date specified in the Bond as the date on which the principal of such Bond is due and payable. ARTICLE TWO APPOINTMENT OF BANK AS PAYING AGENT AND BOND REGISTRAR Section 2.01. Appointment and Acceptance. The Issuer hereby appoints the Bank to act as Paying Agent with respect to the Bonds, to pay to the Registered Owners in accordance with the terms and provisions of this Agreement the principal of, redemption premium (if any), and interest on all or any of the Bonds. The Issuer hereby appoints the Bank as Registrar with respect to the Bonds. As Registrar, the Bank shall keep and maintain for and on behalf of the Issuer, books and records as to the ownership of the Bonds and with respect to the transfer and exchange thereof as herein provided. The Bank hereby accepts its appointment, and agrees to act as Paying Agent and Bond Registrar. Section 2.02. Compensation. As compensation for the Bank's services as Paying Agent and Bond Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in the Bank's proposal for paying agent/registmr services dated March 12, 2015. In addition, the Issuer agrees to reimburse the Bank, upon its request, for all reasonable and necessary out-of- pocket expenses, disbursements, and advances, including without limitation the reasonable fees, expenses, and disbursements made or incurred by the Bank in connection with entering into and performing under this Agreement. ARTICLE THREE PAYING AGENT Section 3.01. Duties of Paving Agent. As Paying Agent, the Bank, provided sufficient collected funds have been provided to it for such purpose by or on behalf of the Issuer, shall pay on behalf of the Issuer the principal of, redemption premium, if any, and interest on each Bond in accordance with the provisions of theBond. Section 3.02. Pavment Dates. The Issuer hereby instructs the Bank to pay the principal of, redemption premium (if any) and interest on the Bonds, to the extent such funds have herein been provided by the Issuer, as follows: (a) The Issuer hereby agrees to provide the Paying Agent with sufficient funds to make principal and interest payments as follows: (1) payment by check must be received by the Paying Agent at least 5 business days prior to payment date and (2) payment by wire must be received by the Paying Agent by the payment date and no later than 11:30 a.m. CST. (b) On each payment date Agent will pay interest and, upon presentation and surrender of the matured or called Obligations, will pay principal to each registered owner of the Obligations as of the record date by mailing a check to each such owner. In any case where the date of maturity of interest on or principal of the Obligations or the date fixed for redemption of any Obligations shall be a Sunday or a legal holiday or a day on which the banking institutions are authorized by law to close, then payment of interest or principal may be made on the succeeding business day with the same force and effect as if made on the date of maturity or the date fixed for redemption. Provided, however, that payment of principal shall be made not later than the second day after receipt of the matured Obligation (c) When the Agent shall receive notice from Issuer of its option to redeem Obligations prior to maturity, the Agent shall select the Obligations to be redeemed and give notice of the redemption thereof, all in accordance with the terms of the Obligations and the Resolution. The Bank shall not be required to pay interest on any funds of the Issuer for any period during which such funds are held bythe Bank awaiting the presentation of the Bonds for payment. ARTICLE FOUR REGISTRAR Section 4.01. Initial Delivery of Bonds. The Bonds will be initially registered and delivered to the purchaser designated by the Issuer as one Bond for each maturity. If such purchaser delivers a written request to the Bank not later than five business days prior to the date of initial delivery, the Bank will, on the date of initial delivery, deliver Bonds of authorized denominations, registered in accordance with the instructions in such written request. Section 4.02. Duties of Registrar. The Bank shall provide for the proper registration of transfer, exchange and replacement of the Bonds. Every Bond surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an eligible guarantor institution, in form acceptable to the Bank, duly executed by the Registered Owner thereof or his attorney duly authorized in writing. The Registrar may request any supporting documentation it deems necessary or appropriate to affect a re -registration. Bank shall comply at all times with such rules, regulations, and requirements as may govern the registration, transfer and payment of registered Bonds including without limitation Chapters 76, 384, 554.8101 et seq. Code of Iowa and standards issued from time to time by the Municipal Securities Rulemaking Board of the United States and any other securities industry standard and the requirements of the Internal Revenue Code of 1986. For purposes of determining the registered owners of the Bonds, the record date shall be deemed to be the fifteenth day of the month preceding the date on which payment of principal, premium, if any, or interest is payable to the registered owners of the Bonds ("payment date") whether such payment is due to optional redemption, operation of a sinking fund, or for any other reason. Bank agrees that it will turnaround within three business days of receipt all items received in proper form for transfer, process or other action pursuant to the terms of this Agreement. Bank will promptly cancel and deliver to Issuer all Bonds or certificates representing the Bonds surrendered to it upon payment of the principal, premium, if any, and interest owing on such Bonds. In the event any payment check representing payment of interest or principal on the Bonds is returned to the Bank or is not presented for payment, or if any Bonds is not presented for payment of principal or premium, if any, at the maturity or redemption date, if funds sufficient to pay such interest on Bonds shall have been made available to the Bank for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Bank to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Agreement or on, or with respect to, such interest or Bonds. The Bank's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Bank, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Agreement by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. Section 4.03. Unauthenticated Bonds. The Issuer shall provide to the Bank on a continuing basis, an adequate inventory of unauthenticated Bonds to facilitate transfers. The Bank agrees that it will maintain such unauthenticated Bonds in safekeeping. Section 4.04. Form of Bond Register. The Bank as Registrar will maintain its records as Bond Registrar in accordance with standards issued from time to time by the Municipal Securities Rulemaking Board of the United States and any other securities industry standard and the requirements of the Internal Revenue Code of 1986 and Chapter 76 of the Code of Iowa. Section 4.05. Reports. The records of Bank shall be in such form as to be in compliance with standards issued from time to time by the Municipal Securities Rulemaking Board of the United States and any other securities industry standard and the requirements of the Internal Revenue Code of 1986 and Chapter 76 of the Code of Iowa. Bank's records in connection with the Bonds shall remain confidential records entitled to protection and confidentiality pursuant to Section 22.7(17), Code of Iowa. Agent agrees that its use of the records will be limited to the purposes of this Agreement and that Agent will make no private use or permit any private access thereto. The Bank will not release or disclose the content of the Bond Register to any person other than to the Issuer at its written request, except upon receipt of a subpoena or court order or as may otherwise be required by law. Upon receipt of a subpoena or court order the Bank will notify the Issuer. Section 4.06. Cancelled Bonds. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Bank, shall be promptly cancelled by it and, if surrendered to the Issuer, shall be delivered to the Bank and, if not already cancelled, shall be promptly cancelled by the Bank. The Issuer may at any time deliver to the Bank for cancellation any Bonds previously authenticated and delivered which the Issuer may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Bank. All cancelled Bonds held by the Bank for its retention period then in effect and shall thereafter be returned tothe Issuer. Section 4.07. Mutilated, Lost. Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Bank shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Bank in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing by the owner with the Bank of evidence satisfactory to the Bank that such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Bank of an appropriate bond of indemnity in form, substance and amount as may be required by law and as is satisfactory to the Bank. All Bonds so surrendered to the Bank shall be canceled by it and evidence of such cancellation shall be given to the Issuer. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment, provided that the owner shall first provide the Bank with a bond of indemnity as set forth above. ARTICLE FIVE TAE BANK Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein. No implied duties or obligations shall be read into this Agreement against the Bank. The Bank hereby agrees to use the funds deposited with it for payment of the principal of and interest on the Bonds to pay the same as it shall become due and further agrees to establish and maintain such accounts and funds as may be required for the Bank to function as Paying Agent. Section 5.02. Reliance on Documents. Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions expressed therein, on certificates or opinions furnished to the Bank by the Issuer. (b) Bank may rely conclusively and act, without further investigation, upon any list, instruction, certification, authorization, certificate or other instrument or paper suitably guaranteed and believed by it in good faith and due diligence in performing its functions to be genuine and to have been signed, countersigned or executed by any duly authorized person or persons or upon the instruction of any authorized officer of Issuer or upon the advice of Issuer's counsel; and may register any certificate representing the Bonds or may refuse to register any such certificate if in good faith Bank deems such refusal necessary in order to avoid any liability on the part of either Issuer or Bank, and Issuer agrees to indemnify and hold harmless the Bank from and against any and all losses, costs, claims and liability for so relying or acting or refusing to act. (c) No provision of this Agreement shall require the Bank to expend or risk or use its own funds for performance of any of its duties hereunder (d) The Bank may consult with counsel for the Issuer, and the written advice or opinion of counsel for the Issuer shall be full authorization and protection with respect to any action taken, suffered or omitted by it hereunder in good faith and reliance thereon. (e) The Bank shall not be responsible for delays or failures in performance resulting from acts beyond its control, including without limitation acts of God, strikes, lockouts, riots, acts of war or terror, epidemics, governmental regulations, fire, communication line failures, computer viruses, power failures, earthquakes or other disasters. (f) The Bank is authorized, to comply with final orders issued or process entered by any court of competent jurisdiction with respect to any money held by the Bank hereunder. If any portion of money held by the Bank hereunder is at any time attached, garnished or levied upon under any court order, or in case the payment, assignment, transfer, conveyance or delivery of any such property shall be stayed or enjoined by any court order, or in case any order, judgment or decree shall be made or entered by any court affecting such property or any part thereof, then and in any such event, the Bank is authorized, to rely upon and comply with any such order, writ, judgment or decree which it is advised by legal counsel selected by the Issuer; and if the Bank complies with any such order, writ, judgment or decree, it shall not be liable to any of the parties hereto or to any other person or entity by reason of such compliance even though such order, writ, judgment or decree may be subsequently reversed, modified, annulled, set aside or vacated. Section 5.03. Recitals of Issuer. The recitals contained in the Bonds shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. Section 5.04. May Own Bonds. The Bank, in its individual or any other capacity, may become the owner or pledgee of Bonds with the same rights it would have if it were not the Paying Agent and Bond Registrar for the Bonds. Section 5.05. Money Held by Bank. Money held by the Bank hereunder need not be segregated from other funds. The Bank shall have no duties with respect to investment of funds deposited with it and shall be under no obligation to pay interest on any money received byit hereunder. Any money deposited with or otherwise held by the Bank for the payment of the principal, redemption premium (if any) or interest on any Bond and remaining unclaimed, by the Registered Owner (or by the Issuer (which claim by the Issuer shall be made in writing) after maturity and prior to escheatment) will be escheated pursuant to Iowa law. If funds are returned to the Issuer, the Issuer and the Bank agree that the Registered Owner of such Bond shall thereafter look only to the Issuer for payment thereof, and that all liability of the Bank with respect to such moneys shall thereupon cease. Section 5.06. Other Transactions. The Bank may engage in or be interested in any financial or other transaction with the Issuer. Section 5.07. Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in a court situated in Johnson County Iowa. The Issuer and the Bank further agree that the Bank has the right to file an action in interpleader in any court situated in Johnson County Iowa to determine the rights of any person claiming any interest herein. Section 5.08 Insurance. The Bank shall carry insurance in the types and amounts for the duration of this agreement as listed in the Issuer's request for paying agent/registrar services dated February 20, 2015. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 6.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party. Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed, faxed, sent pdf or delivered to the Issuer or the Bank, respectively, at the address shown below, or such other address as may have been given by one party to the other by fifteen (15) days written notice: If to the Issuer: City of Iowa City, Iowa, Finance Department Mr. Dennis Bockenstedt, Finance Director 410 E. Washington Street Iowa City, IA 52240-1826 Facsimile: 319-341-4008 If to the Bank: U.S. Bank National Association 60 Livingston Avenue St. Paul MN 55107 Facsimile: 651-466-7431 Section 6.04. Effect of Headings. The Article and Section headings herein are for convenience of reference only and shall not affect the construction hereof. Section 6.05. Successors and Assims. All covenants and agreements herein by the Issuer and the Bank shall bind their successors and assigns, whether so expressed or not. Section 6.06. Severability. If any provision of this Agreement shall be determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy or claim hereunder. Section 6.08. Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent and Bond Registrar. Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6.10. Term and Termination. This Agreement may be terminated by either party by giving the other party at least 90 days advance written notice. At termination of the Agreement, Agent shall deliver to Issuer any and all records, documents or other writings made or accumulated in the performance of its duties under this Agreement and shall refund the unearned balance, if any, of fees paid in advance by Issuer. If the Bank shall resign, or become incapable of acting, the Issuer shall promptly appoint a successor Paying Agent and Bond Registrar Section 6.11. Governing Law. This Agreement shall be construed in accordance with and shall be governed by the laws of the State of Iowa. Section 6.12. Documents to be Filed with Bank. At the time of the Bank's appointment as Paying Agent and Bond Registrar, the Issuer shall file with the Bank the following documents: (a) a specimen Bond; (b) a copy of the opinion of bond counsel provided to the Issuer in connection with the issuance of the Bonds; and (c) such other relevant information that the Bank may request. Section 6.13. Patriot Act Compliance. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non -individual person such as a business entity, a charity, a Trust or other legal entity we will ask for documentation to verify its formation and existence as a legal entity. We may also ask to see financial statements, licenses, identification and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. Section 6.14. Examination of Records. Issuer or its duly authorized agents may examine all records relating to the Obligations at the principal office of the Agent at reasonable times as agreed upon with the Agent and such records shall be subject to audit from time to time at the request of Issuer or Agent. The Agent, on request, will famish Issuer with a list of the names, addresses, and other information concerning the owners of the Obligations or any of them. IN WITNESS WHEREOF, the Issuer and the Bank have caused this agreement to be executed in their respective names by their duly authorized representatives, in two counterparts, each of which shall be deemed an original. City of low ty, Iowa, Issuer By: Print Name: Bruce Teague Title: Mayor U.S. BANK NATIONAL ASSOCIATION, as Paying Agent, Registrar and Transfer Agent By:�' hjknlr� Authorized Representative Print Name: Diane L. Johnson Title: V cePresident ®bank. U.S. Bank Customer Confidential Schedule of Fees for Services as Paying Agent CTSO1010A Acceptance Fee The acceptance fee includes the administrative review of 325.00 documents, initial set-up of the account, and other reasonably required services up to and including the closing. This is a one-time, non-refundable fee, payable at closing. CTS04110 Paying Agent / Registrar / Transfer Agent Annual fee for the standard 375.00 transfer agent, registrar, and paying agent services associated with the administration of the account. Administration fees are payable in advance. Direct Out of Pocket Expenses Reimbursement of expenses associated with At Cost the performance of our duties, including but not limited to publications, legal counsel after the initial close, travel expenses and filing fees. Extraordinary Services Extraordinary Services are duties or responsibilities of an unusual nature, including termination, but not provided for in the governing documents or otherwise set forth in this schedule. A reasonable charge will be assessed based on the nature of the services and the responsibility involved. At our option, these charges will be billed at a flat fee or at our hourly rate then in effect. Account approval is subject to review and qualification. Fees are subject to change at our discretion and upon written notice. Fees paid in advance will not be prorated. The fees set forth above and any subsequent modifications thereof are part of your agreement. Finalization of the transaction constitutes agreement to the above fee schedule, including agreement to any subsequent changes upon proper written notice. In the event your transaction is not finalized, any related out -0f --pocket expenses will be billed to you directly. Absent your written instructions to sweep or otherwise invest, all sums in your account will remain uninvested and no accrued interest or other compensation will be credited to the account. Payment of fees constitutes acceptance of the terms and conditions set forth. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non -individual person such as a business entity, a charity, a Trust or other legal entity we will ask for documentation to verify its formation and existence as a legal entity. We may also ask to see financial statements, licenses, identification and authorization documents from individuals claiming authority to represent the entity or the entity or other relevant documentation. 01703650-1\10714-135 &'.� ITEMS TO INCLUDE ON AGENDA CITY OF IOWA CITY, IOWA $12,145,000 General Obligation Bonds, Series 2020 Resolution Appointing Paying Agent, Bond Registrar, and Transfer Agent, Approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the Execution of the Agreement. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. May 19, 2020 The City Council of the City of Iowa City, State of Iowa, met via electronic means, an in- person meeting having been determined to be impossible or impractical due to the COVID-19 pandemic in regular session, at 7:00 P.M., on the above date. There were present Mayor Teague, in the chair, and the following named Council Members: Bergus, Mims, Salih, Taylor, Teague, Thomas, Weiner Absent: None Vacant: None -I- Council Member Salih introduced the following resolution entitled "RESOLUTION APPOINTING U.S. BANK OF SAINT PAUL, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT', and moved that the resolution be adopted. Council Member Weiner seconded the motion to adopt. The roll was called and the vote was, AYES: Bergus, Mims, Salih, Taylor, Teague, Thomas, Weiner NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 19-120 RESOLUTION APPOINTING U.S. BANK OF SAINT PAUL, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT WHEREAS, $12,145,000 General Obligation Bonds, Series 2020, dated June 1, 2020, have been sold and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the Bonds; and WHEREAS, this Council has deemed that the services offered by U.S. Bank of Saint Paul, Minnesota, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered bonds; and WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and U.S. Bank. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: 1. That U.S. Bank of Saint Paul, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $12,145,000 General Obligation Bonds, Series 2020, dated June 1, 2020. -2- 2. That the Agreement with U.S. Bank of Saint Paul, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. PASSED AND APPROVED this 19a' day of May, 2020. Ma ATTEST: -3- Item Number: 6.d. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT May 19, 2020 Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds; Approval of the Tax Exemption Certificate and Continuing Disclosure Certificate. Prepared By: Dennis Bockenstedt, Finance Director Reviewed By: Ashley Monroe, Assistant to the City Manager Fiscal Impact: Adopted as part of the FY2020 Revised Budget and 2020-2024 Capital Improvement Program Recommendations: Staff: Approval Commission: N/A Attachments: Approval of the Tax Exemption Certificate, Continuing Disclosure Certificate for the Series 2020 GO Bonds and Resolution Authorizing Issuance Executive Summary: On the May 19 City Council agenda, there are two separate resolutions for the City Council to consider in order to complete the sale of the 2020 General Obligation Bonds. This resolution approves the tax exemption certificate, the continuing disclosure certificate and authorizes the issuance of the 2020 General Obligation Bonds. This resolution also amends the tax levy requirements needed for the repayment of the bonds. Background /Analysis: On May 5, 2020, the City sold the 2020 General Obligation Bonds at a par amount of $12,145,000. The City received three bids on the 2020 General Obligation Bonds from Robert W. Baird & Company, Raymond James & Associates, and JP Morgan Securities. The lowest true interest rate bid was received from Robert W. Baird & Company of Milwaukee, Wisconsin at 1.5589%. The 2020 General Obligation bonds are 10 -year bonds that mature in 2030. ATTACHMENTS: Description Conitinuing Disclosure Certificate Tax Exempt Certificate Resolution Authorizing Issuance CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by the City of Iowa City, State of Iowa (the "Issuer"), in connection with the issuance of $12,145,000 General Obligation Bonds, Series 2020 (the 'Bonds") dated June 1, 2020. The Bonds are being issued pursuant to a Resolution of the Issuer approved on May 19, 2020 (the "Resolution"). The Issuer covenants and agrees as follows: Section 1. Purpose of the Disclosure Certificate; Interpretation. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders and Beneficial Owners of the Bonds and in order to assist the Participating Underwriters in complying with S.E.C. Rule 15c2 -12(b)(5). This Disclosure Certificate shall be governed by, construed and interpreted in accordance with the Rule, and, to the extent not in conflict with the Rule, the laws of the State. Nothing herein shall be interpreted to require more than required by the Rule. Section 2. Definitions. In addition to the definitions set forth in the Resolution, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Financial Information" shall mean financial information or operating data of the type included in the final Official Statement, provided at least annually by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. "Business Day" shall mean a day other than a Saturday or a Sunday or a day on which banks in Iowa are authorized or required by law to close. "Dissemination Agent" shall mean the Issuer or any Dissemination Agent designated in writing by the Issuer and which has filed with the Issuer a written acceptance of such designation. "Financial Obligation" shall mean a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term Financial Obligation shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with S.E.C. Rule 15c2-12. "Holders" shall mean the registered holders of the Bonds, as recorded in the registration books of the Registrar. "Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Certificate. "Municipal Securities Rulemaking Board" or "MSRB" shall mean the Municipal Securities Rulemaking Board, 1300 I Street NW, Suite 1000, Washington, DC 20005. "National Repository" shall mean the MSRB's Electronic Municipal Market Access website, a/k/a "EMMA" (emma.msrb.org). "Official Statement" shall mean the Issuer's Official Statement for the Bonds, dated May 5, 2020. "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission (S.E.C.) under the Securities Exchange Act of 1934, and any guidance and procedures thereunder published by the S.E.C., as the same may be amended from time to time. "State" shall mean the State of Iowa. Section 3. Provision of Annual Financial Information. a) The Issuer shall, or shall cause the Dissemination Agent to, not later than two hundred ten (210) days after the end of the Issuer's fiscal year (presently June 30th), commencing with information for the 2019/2020 fiscal year, provide to the National Repository an Annual Financial Information filing consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Financial Information fling must be submitted in such format as is required by the MSRB (currently in "searchable PDF" format). The Annual Financial Information filing may be submitted as a single document or as separate documents comprising a package. The Annual Financial Information filing may cross-reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the Issuer may be submitted separately from the balance of the Annual Financial Information filing and later than the date required above for the filing of the Annual Financial Information if they are not available by that date. If the Issuer's fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c). b) If the Issuer is unable to provide to the National Repository the Annual Financial Information by the date required in subsection (a), the Issuer shall send a notice to the Municipal Securities Rulemaking Board, if any, in substantially the form attached as Exhibit A. c) The Dissemination Agent shall: i. each year file Annual Financial Information with the National Repository; and ii. (if the Dissemination Agent is other than the Issuer), file a report with the Issuer certifying that the Annual Financial Information has been filed pursuant to this Disclosure Certificate, stating the date it was filed. 2 Section 4. Content of Annual Financial Information. The Issuer's Annual Financial Information filing shall contain or incorporate by reference the following: a) The last available audited financial statements of the Issuer for the prior fiscal year, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under State law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with generally accepted accounting principles, noting the discrepancies therefrom and the effect thereof. If the Issuer's audited financial statements for the preceding years are not available by the time Annual Financial Information is required to be filed pursuant to Section 3(a), the Annual Financial Information filing shall contain unaudited financial statements of the type included in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Financial Information when they become available. b) A table, schedule or other information prepared as of the end of the preceding fiscal year, of the type contained in the final Official Statement under the captions: ■ Debt Limit. ■ Direct Debt. ■ General Obligation Debt. ■ Statement of Bonded Indebtedness. ■ Other Obligations. ■ Percentages for Taxable Valuation After Rollbacks. ■ Building Permits. ■ Property Valuations and Trend of Valuations -Actual (100%) Valuations for the City. ■ Property Valuations and Trend of Valuations -Taxable ("Rollback") Valuations for the City. ■ Levies and Tax Collections. ■ Larger Taxpayers. ■ Tax Rates. ■ Statement of Net Position -Governmental Activities. ■ Statement of Activities -Governmental Activities. ■ Balance Sheet -General Fund. ■ Statement of Revenues, Expenditures and Changes in Fund Balance -General Fund. ■ Pensions. ■ Other Post -Employment Benefits (OPEB). Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the Issuer or related public entities, which have been filed with the National Repository. The Issuer shall clearly identify each such other document so included by reference. Section 5. Reporting of Significant Events. a) Pursuant to the provisions of this Section, the Issuer shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds in a timely manner not later than 10 Business Days after the day of the occurrence of the event: i. Principal and interest payment delinquencies; ii. Non-payment related defaults, if material; iii. Unscheduled draws on debt service reserves reflecting financial difficulties; iv. Unscheduled draws on credit enhancements relating to the Bonds reflecting financial difficulties; v. Substitution of credit or liquidity providers, or their failure to perform; vi. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax-exempt status of the Series Bonds, or material events affecting the tax-exempt status of the Bonds; vii. Modifications to rights of Holders of the Bonds, if material; viii. Bond calls (excluding sinking fund mandatory redemptions), if material, and tender offers; ix. Defeasances of the Bonds; x. Release, substitution, or sale of property securing repayment of the Bonds, if material; xi. Rating changes on the Bonds; xii. Bankruptcy, insolvency, receivership or similar event of the Issuer; xiii. The consummation of a merger, consolidation, or acquisition involving the Issuer or the sale of all or substantially all of the assets of the Issuer, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; xiv. Appointment of a successor or additional trustee or the change of name of a trustee, if material; xv. Incurrence of a Financial Obligation of the Issuer, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the Issuer, any of which affect security holders, if material; and xvi. Default, event of acceleration, termination event, modification of terms or other similar events under the terms of a Financial Obligation of the Issuer, any of which reflect financial difficulties. b) Whenever the Issuer obtains the knowledge of the occurrence of a Listed Event, the Issuer shall determine if the occurrence is subject to notice only if material, and if so shall as soon as possible determine if such event would be material under applicable federal securities laws. c) If the Issuer determines that knowledge of the occurrence of a Listed Event is not subject to materiality, or determines such occurrence is subject to materiality and would be material under applicable federal securities laws, the Issuer shall promptly, but not later than 10 Business Days after the occurrence of the event, file a notice of such occurrence with the Municipal Securities Rulemaking Board through the filing with the National Repository. Section 6. Termination of Reporting Obligation. The Issuer's obligations under this Disclosure Certificate with respect to each Series of Bonds shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds of that Series or upon the Issuer's receipt of an opinion of nationally recognized bond counsel to the effect that, because of legislative action or final judicial action or administrative actions or proceedings, the failure of the Issuer to comply with the terms hereof will not cause Participating Underwriters to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended. Section 7. Dissemination Agent. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the Issuer pursuant to this Disclosure Certificate. The initial Dissemination Agent shall be the Issuer. Section 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: 5 a) If the amendment or waiver relates to the provisions of Section 3(a), 4, or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of an obligated person with respect to the Bonds, or the type of business conducted; b) The undertaking, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and c) The amendment or waiver either (i) is approved by the Holders of the Bonds in the same manner as provided in the Resolution for amendments to the Resolution with the consent of Holders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the Holders or Beneficial Owners of the Bonds. In the event of any amendment or waiver of a provision of this Disclosure Certificate, the Issuer shall describe such amendment in the next Annual Financial Information filing, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Issuer. Section 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Financial Information filing or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any Annual Financial Information filing or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Certificate to update such information or include it in any future Annual Financial Information filing or notice of occurrence of a Listed Event. Section 10. Default. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate, any Holder or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Issuer to comply with its obligations under this Disclosure Certificate. Direct, indirect, consequential and punitive damages shall not be recoverable by any person for any default hereunder and are hereby waived to the extent permitted by law. A default under this Disclosure Certificate shall not be deemed an event of default under the Resolution, and the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with this Disclosure Certificate shall be an action to compel performance. Section 11. Duties, Immunities and Liabilities of Dissemination Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, 2 including the costs and expenses (including attorneys' fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or willful misconduct. The obligations of the Issuer under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. Section 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Dissemination Agent, the Participating Underwriters and Holders and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. Section 13. Rescission Rights. The Issuer hereby reserves the right to rescind this Disclosure Certificate without the consent of the Holders in the event the Rule is repealed by the S.E.C. or is ruled invalid by a federal court and the time to appeal from such decision has expired. In the event of a partial repeal or invalidation of the Rule, the Issuer hereby reserves the right to rescind those provisions of this Disclosure Certificate that were required by those parts of the Rule that are so repealed or invalidated. Date: day of 2020. CITY OF IOWA CITY, STATE OF IOWA By: = M §or ATTEST: MA EXHIBIT A NOTICE TO NATIONAL REPOSITORY OF FAILURE TO FILE ANNUAL FINANCIAL INFORMATION Name of Issuer: City of Iowa City, Iowa. Name of Bond Issue: $12,145,000 General Obligation Bonds, Series 2020 Dated Date of Issue: June 1, 2020 NOTICE IS HEREBY GIVEN that the Issuer has not provided Annual Financial Information with respect to the above-named Bonds as required by Section 3 of the Continuing Disclosure Certificate delivered by the Issuer in connection with the Bonds. The Issuer anticipates that the Annual Financial Information will be filed by Dated: day of , 20 CITY OF IOWA CITY, STATE OF IOWA By: Its: 01702802-1\10714-135 TAX EXEMPTION CERTIFICATE of CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, ISSUER $12,145,000 General Obligation Bonds, Series 2020 This instrument was prepared by: Ahlers & Cooney, P.C. 100 Court Avenue, Suite 600 Des Moines, Iowa 50309 (515) 243-7611 TABLE OF CONTENTS This Table of Contents is not a part of this Tax Exemption Certificate and is provided only for convenience of reference. INTRODUCTION.....................................................................................................................- 1 - ARTICLE I DEFINITIONS....................................................................................................-1 - ARTICLE II SPECIFIC CERTIFICATIONS, REPRESENTATIONS AND AGREEMENTS............................................................................................................- 4 - Section 2.1 Authority to Certify and Expectations.................................................... - 4 - Section 2.2 Receipts and Expenditures of Sale Proceeds ........................................... 7 - Section 2.3 Purpose of Bonds.................................................................................... - 7 - Section 2.4 Facts Supporting Tax -Exemption Classification .................................... - 7 - Section 2.5 Facts Supporting Temporary Periods for Proceeds ................................ - 8 - Section 2.6 Resolution Funds at Restricted or Unrestricted Yield ............................ - 8 - Section 2.7 Pertaining to Yields................................................................................. - 9 - ARTICLE III REBATE............................................................................................................ 9 - Section3.1 Records................................................................................................... - 9 - Section3.2 Rebate Fund............................................................................................ - 9 - Section 3.3 Exceptions to Rebate............................................................................. - 10 - Section 3.4 Calculation of Rebate Amount.............................................................. - 11 - Section 3.5 Rebate Requirements and the Bond Fund ............................................. - 11 - Section 3.6 Investment of the Rebate Fund............................................................. - 11 - Section 3.7 Payment to the United States................................................................ - 12 - Section3.8 Records................................................................................................. - 12 - Section 3.9 Additional Payments.............................................................................- 13 - ARTICLE IV INVESTMENT RESTRICTIONS................................................................-13 - Section 4.1 Avoidance of Prohibited Payments.......................................................- 13 - Section 4.2 Market Price Requirement.................................................................... - 13 - Section 4.3 Investment in Certificates of Deposit ................................................... - 13 - Section 4.4 Investment Pursuant to Investment Contracts and Agreements ........... - 14 - Section4.5 Records................................................................................................. - 16 - Section 4.6 Investments to be Legal........................................................................ - 16 - ARTICLE V GENERAL COVENANTS.............................................................................. 16 - ARTICLE VI AMENDMENTS AND ADDITIONAL AGREEMENTS .......................... -17 - Section 6.1 Opinion of Bond Counsel; Amendments .............................................. - 17 - Section 6.2 Additional Covenants, Agreements...................................................... - 17 - Section 6.3 Internal Revenue Service Audits.......................................................... - 17 - Section 6.4 Amendments......................................................................................... - 17 - EXHIBIT A PURCHASER'S CERTIFICATE EXHIBIT B MUNICIPAL ADVISOR'S CERTIFICATE 1 TAX EXEMPTION CERTIFICATE CITY OF IOWA CITY, STATE OF IOWA THIS TAX EXEMPTION CERTIFICATE made and entered into on June 1, 2020, by the City of Iowa City, County of Johnson, State of Iowa (the "Issuer"). INTRODUCTION This Certificate is executed and delivered in connection with the issuance by the Issuer of its $12,145,000 General Obligation Bonds, Series 2020 (the "Bonds"). The Bonds are issued pursuant to the provisions of the Resolution of the Issuer authorizing the issuance of the Bonds. Such Resolution provides that the covenants contained in this Certificate constitute a part of the Issuer's contract with the owners of the Bonds. The Issuer recognizes that under the Code (as defined below) the tax-exempt status of the interest received by the owners of the Bonds is dependent upon, among other things, the facts, circumstances, and reasonable expectations of the Issuer as to future facts not in existence at this time, as well as the observance of certain covenants in the future. The Issuer covenants that it will take such action with respect to the Bonds as may be required by the Code, and pertinent legal regulations issued thereunder in order to establish and maintain the tax-exempt status of the Bonds, including the observance of all specific covenants contained in the Resolution and this Certificate. ARTICLE I DEFINITIONS The following terms as used in this Certificate shall have the meanings set forth below. The terms defined in the Resolution shall retain the meanings set forth therein when used in this Certificate. Other terms used in this Certificate shall have the meanings set forth in the Code or in the Regulations. • "Annual Debt Service" means the principal of and interest on the Bonds scheduled to be paid during a given Bond Year. • "Bonds" means the $12,145,000 aggregate principal amount of General Obligation Bonds, Series 2020, of the Issuer issued in registered form pursuant to the Resolution. • "Bond Counsel" means Ahlers & Cooney, P.C., Des Moines, Iowa, or an attorney at law or a firm of attorneys of nationally recognized standing in matters pertaining to the tax-exempt status of interest on obligations issued by states and their political subdivisions, duly admitted to the practice of law before the highest court of any State of the United States of America. "Bond Fund" means the Sinking Fund described in the Resolution. -1- • 'Bond Purchase Agreement" means the binding contract in writing for the sale of the Bonds. • 'Bond Year" as defined in Regulation 1.148-1(b), means a one-year period beginning on the day after expiration of the preceding Bond Year. The first Bond Year shall be the one-year or shorter period beginning on the Closing Date and ending on a principal or interest payment date, unless Issuer selects another date. • 'Bond Yield" means that discount rate which produces an amount equal to the Issue Price of the Bonds when used in computing the present value of all payments of principal and interest to be paid on the Bonds, using semiannual compounding on a 360 - day year as computed under Regulation 1.148-4. "Certificate" means this Tax Exemption Certificate. • "Closing" means the delivery of the Bonds in exchange for the agreed upon purchase price. "Closing Date" means the date of Closing. • "Code" means the Internal Revenue Code of 1986, as amended, and any statutes which replace or supplement the Internal Revenue Code of 1986. • "Computation Date" means each five-year period from the Closing Date through the last day of the fifth and each succeeding fifth Bond Year. • "Excess Earnings" means the amount earned on all Nonpurpose Investments minus the amount which would have been earned if such Nonpurpose Investments were invested at a rate equal to the Bond Yield, plus any income attributable to such excess. "Final Bond Retirement Date" means the date on which the Bonds are actually paid in full. • "Governmental Obligations" means direct general obligations of, or obligations the timely payment of the principal of and interest on which is unconditionally guaranteed by the United States. • "Gross Proceeds" as defined in Regulation 1.148-1(b), means any Proceeds of the Bonds and any replacement proceeds (as defined in Regulation 1.148-1(c)) of the Bonds. • "Gross Proceeds Funds" means the Project Fund, Proceeds held to pay cost of issuance, and any other fund or account held for the benefit of the owners of the Bonds or containing Gross Proceeds of the Bonds except the Bond Fund and the Rebate Fund. -2- • "Issue Price" as defined in Regulation 1.148-1(b) and (f)(2), means the price determined pursuant to the Special Rule for Competitive Sales in accordance with Regulation 1. 148- 1 (f)(2)(iii). The Issuer hereby elects to utilize the Special Rule for Competitive Sales and treats the reasonably expected initial offering price to the public as of the sale date as the issue price of the Bonds. The Purchasers have certified the Issue Price to be not more than $13,071,474.90, as set forth in Exhibit A. • "Issuer" means the City of Iowa City, a municipal corporation in the County of Johnson, State of Iowa. • "Minor Portion of the Bonds", as defined in Regulation 1.148-2(g), means the lesser of five (5) percent of Proceeds or $100,000. The Minor Portion of the Bonds is computed to be $100,000. • "Nonpurpose Investments" means any investment property which is acquired with Gross Proceeds and is not acquired to carry out the governmental purpose of the Bonds, and may include but is not limited to U.S. Treasury bonds, corporate bonds, or certificates of deposit. • "Proceeds" as defined in Regulation 1.148-1(b), means Sale Proceeds, investment proceeds and transferred proceeds of the Bonds. • "Project" means the opening, widening, extending, grading and drainage of the right-of-way of streets, highways, avenues, alleys, and public grounds; the construction, reconstruction, and repairing of any street and streetscape improvements, with related utility work, traffic control devices, lighting, sidewalks, and the acquisition of real estate for such purposes; the rehabilitation and improvement of parks already owned, including facilities, equipment and improvements commonly found in city parks; equipping the fire department; and the acquisition, development and improvement of an Infrastructure Asset Management software program suitable for automated mapping and facilities management; and improvements to and equipping of the Mercer Park Pool as more fully described in the Resolution. • "Project Fund" shall mean the fund required to be established by the Resolution for the deposit of the Proceeds of the Bonds. • "Purchasers" means Robert W. Baird & Co., Inc. of Milwaukee, Wisconsin constituting the initial purchasers of the Bonds from the Issuer. Certificate. "Rebate Amount" means the amount computed as described in this "Rebate Fund" means the fund to be created, if necessary, pursuant to this Certificate. • "Rebate Payment Date" means a date chosen by the Issuer which is not more than 60 days following each Computation Date or the Final Bond Retirement Date. -3- • "Regulations" means the Income Tax Regulations, amendments and successor provisions promulgated by the Department of the Treasury under Sections 103, 148 and 149 of the Code, or other Sections of the Code relating to "arbitrage bonds", including without limitation Regulations 1.148-1 through 1.148-11, 1.149(b)-1, 1.149- d(1), 1.150-1 and 1.150-2. • "Replacement Proceeds" include, but are not limited to, sinking funds, amounts that are pledged as security for an issue, and amounts that are replaced because of a sufficiently direct nexus to a governmental purpose of an issue. • "Resolution" means the resolution of the Issuer adopted on May 19, 2020, authorizing the issuance of the Bonds. • "Sale Proceeds" as defined in Regulation 1.148-1(b), means any amounts actually or constructively received from the sale of the Bonds, including amounts used to pay underwriter's discount or compensation and accrued interest other than pre -issuance accrued interest. "Sinking Fund" means the Bond Fund. • "SLGS" means demand deposit Treasury securities of the State and Local Government Series. • "Tax Exempt Obligations" means bonds or other obligations the interest on which is excludable from the gross income of the owners thereof under Section 103 of the Code and include certain regulated investment companies, stock in tax-exempt mutual funds and demand deposit SLGS. • "Taxable Obligations" means all investment property, obligations or securities other than Tax Exempt Obligations. "Verification Certificate" means the certificate attached to this Certificate as Exhibit A, setting forth the offering prices at which the Purchaser will reoffer and sell the Bonds to the public, and the Municipal Advisor's Certificate attached hereto as Exhibit B. ARTICLE II SPECIFIC CERTIFICATIONS, REPRESENTATIONS AND AGREEMENTS The Issuer hereby certifies, represents and agrees as follows: Section 2.1 Authority to Certify and Expectations (a) The undersigned officer of the Issuer along with other officers of the Issuer, are charged with the responsibility of issuing the Bonds. (b) This Certificate is being executed and delivered in part for the purposes specified in Section 1.148-2(b)(2) of the Regulations and is intended (among other purposes) to establish reasonable expectations of the Issuer at this time. (c) The Issuer has not been notified of any disqualification or proposed disqualification of it by the Commissioner of the Internal Revenue Service as a bond issuer which may certify bond issues under Section 1.148-2(b)(2) of the Regulations. (d) The certifications, representations and agreements set forth in this Article II are made on the basis of the facts, estimates and circumstances in existence on the date hereof, including the following: (1) with respect to amounts expected to be received from delivery of the Bonds, amounts actually received, (2) with respect to payments of amounts into various funds or accounts, review of the authorizations or directions for such payments made by the Issuer pursuant to the Resolution and this Certificate, (3) with respect to the Issue Price, the certifications of the Purchasers as set forth in the Verification Certificate, (4) with respect to expenditure of the Proceeds of the Bonds, actual expenditures and reasonable expectations of the Issuer as to when the Proceeds will be spent for purposes of the Project, and (5) with respect to Bond Yield, review of the Verification Certificate. The Issuer has no reason to believe such facts, estimates or circumstances are untrue or incomplete in any material way. (e) To the best of the knowledge and belief of the undersigned officer of the Issuer, there are no facts, estimates or circumstances that would materially change the representations, certifications or agreements set forth in this Certificate, and the expectations herein set out are reasonable. (f) No arrangement exists under which the payment of principal or interest on the Bonds would be directly or indirectly guaranteed by the United States or any agency or instrumentality thereof. (g) After the expiration of any applicable temporary periods, and excluding investments in a bona fide debt service fund or reserve fund, not more than five percent (5%) of the Proceeds of the Bonds will be (a) used to make loans which are guaranteed by the United States or any agency or instrumentality thereof, or (b) invested in federally insured deposits or accounts. (h) The Issuer will file with the Internal Revenue Service in a timely fashion Form 8038-G, Information Return for Tax -Exempt Governmental Obligations with respect to the Bonds and such other reports required to comply with the Code and applicable Regulations. (i) The Issuer will take no action which would cause the Bonds to become "private activity bonds" as defined in Section 141 (a) of the Code, including any use of the Project by any person other than a governmental unit if such use will be by other than a member of the general public. None of the Proceeds of the Bonds will be used directly or indirectly to make or finance loans to any person other than a governmental unit. -5- 0) The Issuer will make no change in the nature or purpose of the Project except as provided in Section 6.1 hereof. (k) Except as provided in the Resolution, the Issuer will not establish any sinking fund, bond fund, reserve fund, debt service fund or other fund reasonably expected to be used to pay debt service on the Bonds (other than the Bond Fund), exercise its option to redeem Bonds prior to maturity or effect a refunding of the Bonds. (1) No bonds or other obligations of the Issuer (1) were sold in the 15 days preceding the date of sale of the Bonds, (2) were sold or will be sold within the 15 days after the date of sale of the Bonds, (3) have been delivered in the past 15 days or (4) will be delivered in the next 15 days pursuant to a common plan of financing for the issuance of the Bonds and payable out of substantially the same source of revenues. (m) None of the Proceeds of the Bonds will be used directly or indirectly to replace funds of the Issuer used directly or indirectly to acquire obligations having a yield higher than the Bond Yield. (n) No portion of the Bonds is issued for the purpose of investing such portion at a higher yield than the Bond Yield. (o) The Issuer does not expect that the Proceeds of the Bonds will be used in a manner that would cause them to be "arbitrage bonds" as defined in Section 148(a) of the Code. The Issuer does not expect that the Proceeds of the Bonds will be used in a manner that would cause the interest on the Bonds to be includible in the gross income of the owners of the Bonds under the Code. The Issuer will not intentionally use any portion of the Proceeds to acquire higher yielding investments. (p) The Issuer will not use the Proceeds of the Bonds to exploit the difference between tax-exempt and taxable interest rates to obtain a material financial advantage. (q) The Issuer has not issued more Bonds, issued the Bonds earlier, or allowed the Bonds to remain outstanding longer than is reasonably necessary to accomplish the governmental purposes of the Bonds. In fact, the Bonds will not remain outstanding longer than 120% of the economic useful life of the assets financed with the Proceeds of the Bonds. (r) The Bonds will not be Hedge Bonds as described in Section 149(g)(3) of the Code because the Issuer reasonably expects that it will meet the Expenditure test set forth in Section 2.5(b) hereof and that 50% or more of the Proceeds will not be invested in Nonpurpose Investments having a substantially guaranteed yield for four or more years. Except for costs of issuance, all Sale Proceeds and investment earnings thereon will be expended for costs of the type that would be chargeable to capital accounts under the Code pursuant to federal income tax principles if the Issuer were treated as a corporation subject to federal income taxation. M Section 2.2 Receipts and Expenditures of Sale Proceeds Sale Proceeds (par plus re -offering premium of $926,474.90), less underwriter's discount of $59,090.25, received at Closing are expected to be deposited and expended as follows: (a) $72,060.00 representing costs of issuing the Bonds will be used within six months of the Closing Date to pay the costs of issuance of the Bonds (with any excess remaining on deposit in the Project Fund); and (b) $12,940,324.65 will be deposited into the Project Fund and will be used together with earnings thereon to pay the costs of the Project and will not exceed the amount necessary to accomplish the governmental purposes of the Bonds. Section 2.3 Purpose of Bonds The Issuer is issuing the Bonds to pay the costs of the opening, widening, extending, grading and drainage of the right-of-way of streets, highways, avenues, alleys, and public grounds; the construction, reconstruction, and repairing of any street and streetscape improvements, with related utility work, traffic control devices, lighting, sidewalks, and the acquisition of real estate for such purposes; the rehabilitation and improvement of parks already owned, including facilities, equipment and improvements commonly found in city parks; equipping the fire department; and the acquisition, development and improvement of an Infrastructure Asset Management software program suitable for automated mapping and facilities management; and improvements to and equipping of the Mercer Park Pool. Section 2.4 Facts Supporting Tax -Exemption Classification Governmental Bonds Private Business Use/Private Securitv or Pavment Tests The Bonds are considered to be governmental bonds, not subject to the provisions of the alternate minimum tax. The Proceeds will be used for the purposes described in Section 2.3 hereof. These bonds are not private activity bonds because no amount of Proceeds of the Bonds is to be used in a trade or business carried on by a non- governmental unit. Rather, the Proceeds will be used to finance the general government operations and facilities of the Issuer described in Section 2.3 hereof. None of the payment of principal or interest on the Bonds will be derived from, or secured by, money or property used in a trade or business of a non-governmental unit. In addition, none of the governmental operations or facilities of the Issuer being financed with the Proceeds of the Bonds are subject to any lease, management contract or other similar arrangement or to any arrangement for use other than as by the general public. Private Loan Financing Test No amount of Proceeds of the Bonds is to be used directly or indirectly to make or finance loans to persons other than governmental units. -7- Section 2.5 Facts Supporting Temporary Periods for Proceeds (a) Time Test. Not later than six months after the Closing Date, the Issuer will incur a substantial binding obligation to a third parry to expend at least 5% of the net Sale Proceeds of the Bonds. (b) Expenditure Test. Not less than 85% of the net Sale Proceeds will be expended for Project costs, including the reimbursement of other funds expended to date, within a three-year temporary period from the Closing Date. (c) Due Diligence Test. Not later than six months after Closing, work on the Project will have commenced and will proceed with due diligence to completion. (d) Proceeds of the Bonds representing less than six months accrued interest on the Bonds will be spent within six months of this date to pay interest on the Bonds, and will be invested without restriction as to yield for a temporary period not in excess of six months. Section 2.6 Resolution Funds at Restricted or Unrestricted Yield (a) Proceeds of the Bonds will be held and accounted for in the manner provided in the Resolution. The Issuer has not and does not expect to create or establish any other bond fund, reserve fund, or similar fund or account for the Bonds. The Issuer has not and will not pledge any moneys or Taxable Obligations in order to pay debt service on the Bonds or restrict the use of such moneys or Taxable Obligations so as to give reasonable assurances of their availability for such purposes. (b) Any monies which are invested beyond a temporary period are expected to constitute less than a major portion of the Bonds or to be restricted for investment at a yield not greater than one-eighth of one percent above the Bond Yield. (c) The Issuer has established and will use the Bond Fund primarily to achieve a proper matching of revenues and debt service within each Bond Year and the Issuer will apply moneys deposited into the Bond Fund to pay the principal of and interest on the Bonds. Such Fund will be depleted at least once each Bond Year except for a reasonable carryover amount. The carryover amount will not exceed the greater of (1) one year's earnings on the Bond Fund or (2) one -twelfth of Annual Debt Service. The Issuer will spend moneys deposited from time to time into such fund within 13 months after the date of deposit. Revenues, intended to be used to pay debt service on the Bonds, will be deposited into the Bond Fund as set forth in the Resolution. The Issuer will spend interest earned on moneys in such fund not more than 12 months after receipt. Accordingly, the Issuer will treat the Bond Fund as a bona fide debt service fund as defined in Regulation 1.148-1(b). Investment of amounts on deposit in the Bond Fund will not be subject to arbitrage rebate requirements as the Bonds meet the safe harbor set forth in Regulation 1.148-3(k), because the average annual debt service on the Bonds will not exceed $2,500,000. (d) The Minor Portion of the Bonds will be invested without regard to yield. Section 2.7 Pertaining to Yields (a) The purchase price of all Taxable Obligations to which restrictions apply under this Certificate as to investment yield or rebate of Excess Earnings, if any, has been and shall be calculated using (i) the price taking into account discount, premium and accrued interest, as applicable, actually paid or (ii) the fair market value if less than the price actually paid and if such Taxable Obligations were not purchased directly from the United States Treasury. The Issuer will acquire all such Taxable Obligations directly from the United States Treasury or in an arm's length transaction without regard to any amounts paid to reduce the yield on such Taxable Obligations. The Issuer will not pay or permit the payment of any amounts (other than to the United States) to reduce the yield on any Taxable Obligations. Obligations pledged to the payment of debt service on the Bonds, or deposited into any reserve fund after they have been acquired by the Issuer will be treated as though they were acquired for their fair market value on the date of such pledge or deposit. Obligations on deposit in any reserve fund on the Closing Date shall be treated as if acquired for their fair market value on the Closing Date. (b) Qualified guarantees have not been used in computing yield. (c) The Bond Yield has been computed as not less than 1.4134999 percent. This Bond Yield has been computed on the basis of a purchase price for the Bonds equal to the Issue Price. ARTICLE III REBATE Section 3.1 Records Sale Proceeds of the Bonds will be held and accounted for in the manner provided in the Resolution. The Issuer will maintain adequate records for funds created by the Resolution and this Certificate including all deposits, withdrawals, transfers from, transfers to, investments, reinvestments, sales, purchases, redemptions, liquidations and use of money or obligations until six years after the Final Bond Retirement Date. Section 3.2 Rebate Fund (a) In the Resolution, the Issuer has covenanted to pay to the United States the Rebate Amount, an amount equal to the Excess Earnings on the Gross Proceeds Funds, if any, at the times and in the manner required or permitted and subject to stated special rules and allowable exceptions. (b) The Issuer may establish a fund pursuant to the Resolution and this Certificate which is herein referred to as the Rebate Fund. The Issuer will invest and expend amounts on deposit in the Rebate Fund in accordance with this Certificate. (c) Moneys in the Rebate Fund shall be held by the Issuer or its designee and, subject to Sections 3.4, 3.5 and 6.1 hereof, shall be held for future payment to the United States as contemplated under the provisions of this Certificate and shall not constitute part of the trust estate held for the benefit of the owners of the Bonds or the Issuer. (d) The Issuer will pay to the United States from legally available money of the Issuer (whether or not such available money is on deposit in any fund or account related to the Bonds) any amount which is required to be paid to the United States. Section 3.3 Exceptions to Rebate The Issuer reasonably expects that the Bonds are eligible for one or more exceptions from the arbitrage rebate rules set forth in the Regulations. If any Proceeds are ineligible, or become ineligible, for an exception to the arbitrage rebate rules, the Issuer will comply with the provisions of this Article III. A description of the applicable rebate exception(s) is as follows: Eighteen -Month Exception The Gross Proceeds of the Bonds are expected to be expended for the governmental purposes for which the Bonds were issued in accordance with the following schedule: 1) 15 percent spent within six months of the Closing Date; 2) 60 percent spent within one year of the Closing Date; 3) 100 percent spent within eighteen months of the Closing Date (subject to 5 percent retainage for not more than one year). In any event, the Issuer expects that the 5% reasonable retainage will be spent within 30 months of the Closing Date. For purposes of determining compliance with the six-month and twelve- month spending periods, the amount of investment earnings included shall be based on the Issuer's reasonable expectations that the average annual interest rate on investments will be not more than 5%. For purposes of determining compliance with the eighteen -month spending period, the amount of investment earnings included shall be based on actual earnings. If the Issuer fails to meet the foregoing expenditure schedule, the Issuer shall comply with the arbitrage rebate requirements of the Code. Election to Treat as Construction Bonds. The Issuer reasonably expects that more than 75 percent of the "available construction proceeds" ("ACP") of the Bonds, as defined in Section 148(f)(4)(C)(vi) of the Code, will be used for construction expenditures. ACP includes the issue price of the issue plus the earnings on such issue. Not less than the following percentages of the ACP will be spent within the following periods: 1) 10 percent spent within six months of the Closing Date; 2) 45 percent spent within one year of the Closing Date; -10- 3) 75 percent spent within eighteen months of the Closing Date; 4) 100 percent spent within two years of the Closing Date (subject to 5 percent retainage for not more than one year). In any event, the Issuer expects that the 5% reasonable retainage will be spent within a three-year period beginning on the Closing Date. A failure to spend an amount that does not exceed the lesser of (i) 3% of the issue price or (ii) $250,000, is disregarded if the Issuer exercises due diligence to complete the Project. Election with respect to future earnings Pursuant to Section 1.148-7(f)(2) of the Regulations, the Issuer elects to use actual investment earnings of the ACP in determining compliance with the above schedule. If the Issuer fails to meet the foregoing expenditure schedule, the Issuer shall comply with the arbitrage rebate requirements of the Code. Section 3.4 Calculation of Rebate Amount (a) As soon after each Computation Date as practicable, the Issuer shall, if necessary, calculate and determine the Excess Earnings on the Gross Proceeds Funds (the "Rebate Amount"). All calculations and determinations with respect to the Rebate Amount will be made on the basis of actual facts as of the Computation Date and reasonable expectations as to future events. (b) If the Rebate Amount exceeds the amount currently on deposit in the Rebate Fund, the Issuer may deposit an amount in the Rebate Fund such that the balance in the Rebate Fund after such deposit equals the Rebate Amount. If the amount in the Rebate Fund exceeds the Rebate Amount, the Issuer may withdraw such excess amount provided that such withdrawal can be made from amounts originally transferred to the Rebate Fund and not from earnings thereon, which may not be transferred, and only if such withdrawal may be made without liquidating investments at a loss. Section 3.5 Rebate Requirements and the Bond Fund It is expected that the Bond Fund described in the Resolution and Section 2.6(c) of this Certificate will be treated as a bona fide debt service fund as defined in Regulation 1.148-1(b). As such, any amount earned during a Bond Year on the Bond Fund and amounts earned on such amounts, if allocated to the Bond Fund, will not be taken into account in calculating the Rebate Amount for the reasons outlined in Section 2.6(c) hereof. However, should the Bond Fund cease to be treated as a bona fide debt service fund, the Bond Fund will become subject to the rebate requirements set forth in Section 3.4 hereof. Section 3.6 Investment of the Rebate Fund (a) Immediately upon a transfer to the Rebate Fund, the Issuer may invest all amounts in the Rebate Fund not already invested and held in the Rebate Fund, to the -11- extent possible, in (1) SLGS, such investments to be made at a yield of not more than one-eighth of one percent above the Bond Yield, (2) Tax Exempt Obligations, (3) direct obligations of the United States or (4) certificates of deposit of any bank or savings and loan association. All investments in the Rebate Fund shall be made to mature not later than the next Rebate Payment Date. (b) If the Issuer invests in SLGS, the Issuer shall file timely subscription forms for such securities (if required). To the extent possible, amounts received from maturing SLGS shall be reinvested immediately in zero yield SLGS maturing on or before the next Rebate Payment Date. Section 3.7 Pavment to the United States (a) On each Rebate Payment Date, the Issuer will pay to the United States at least ninety percent (90%) of the Rebate Amount less a computation credit of $1,000 per Bond Year for which the payment is made. (b) The Issuer will pay to the United States not later than sixty (60) days after the Final Bond Retirement Date all the rebatable arbitrage as of such date and any income attributable to such rebatable arbitrage as described in Regulation 1.148-3(f)(2). (c) If necessary, on each Rebate Payment Date, the Issuer will mail a check to the Internal Revenue Service Center, Ogden, UT 84201. Each payment shall be accompanied by a copy of Form 8038-T, Arbitrage Rebate, filed with respect to the Bonds or other information reporting form as is required to comply with the Code and applicable Regulations. Section 3.8 Records (a) The Issuer will keep and retain adequate records with respect to the Bonds, the Gross Proceeds Funds, the Bond Fund, and the Rebate Fund until six years after the Final Bond Retirement Date. Such records shall include descriptions of all calculations of amounts transferred to the Rebate Fund, if any, and descriptions of all calculations of amounts paid to the United States as required by this Certificate. Such records will also show all amounts earned on moneys invested in such funds, and the actual dates and amounts of all principal, interest and redemption premiums (if any) paid on the Bonds. (b) Records relating to the investments in such Funds shall completely describe all transfers, deposits, disbursements and earnings including: (1) a complete list of all investments and reinvestments of amounts in each such Fund including, if applicable, purchase price, purchase date, type of security, accrued interest paid, interest rate, dated date, principal amount, date of maturity, interest payment dates, date of liquidation, receipt upon liquidation, market value of such investment on the Final Bond Retirement Date if held by the Issuer on the Final Bond Retirement Date, and market value of the investment on -12- the date pledged to the payment of the Bonds or the Closing Date if different from the purchase date. (2) the amount and source of each payment to, and the amount, purpose and payee of each payment from, each such Fund. Section 3.9 Additional Pam The Issuer hereby agrees to pay to the United States from legally available money of the Issuer (whether or not such available money is on deposit in any fund or account related to the Bonds) any amount which is required to be paid to the United States, but which is not available in a fund related to the Bonds for transfer to the Rebate Fund or payment to the United States. ARTICLE IV INVESTMENT RESTRICTIONS Section 4.1 Avoidance of Prohibited Payments The Issuer will not enter into any transaction that reduces the amount required to be deposited into the Rebate Fund or paid to the United States because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Bond Yield not been relevant to either party. The Issuer will not invest or direct the investment of any funds in a manner which reduces an amount required to be paid to the United States because such transaction results in a small profit or larger loss than would have resulted if the transaction had been at arm's length and had the Bond Yield not been relevant to the Issuer. In particular, notwithstanding anything to the contrary contained herein or in the Resolution, the Issuer will not invest or direct the investment of any funds in a manner which would violate any provision of this Article IV. Section 4.2 Market Price Reauirement (a) The Issuer will not purchase or direct the purchase of Taxable Obligations for more than the then available market price for such Taxable Obligations. The Issuer will not sell, liquidate or direct the sale or liquidation of Taxable Obligations for less than the then available market price. (b) For purposes of this Certificate, United States Treasury obligations purchased directly from the United States Treasury will be deemed to be purchased at the market price. Section 4.3 Investment in Certificates of Deposit (a) Notwithstanding anything to the contrary contained herein or in the Resolution, the Issuer will invest or direct the investment of funds on deposit in the Reserve Fund, any other Gross Proceeds Fund, the Bond Fund, and the Rebate Fund, in a certificate of deposit of a bank or savings bank which is permitted by law and by the Resolution only if the purchase price of such a certificate of deposit is treated as its fair -13- market value on the purchase date and if the yield on the certificate of deposit is not less than (1) the yield on reasonably comparable direct obligations of the United States; and (2) the highest yield that is published or posted by the provider to be currently available from the provider on reasonably comparable certificates of deposit offered to the public. (b) The certificate of deposit described in paragraph 4.3(a) above must be executed by a dealer who maintains an active secondary market in comparable certificates of deposit and must be based on actual trades adjusted to reflect the size and term of that certificate of deposit and the stability and reputation of the bank or savings bank issuing the certificate of deposit. Section 4.4 Investment Pursuant to Investment Contracts and Agreements The Issuer will invest or direct the investment of funds on deposit in the Gross Proceeds Funds, the Bond Fund, and the Rebate Fund pursuant to an investment contract (including a repurchase agreement) only if all of the following requirements are satisfied: (a) The Issuer makes a bona fide solicitation for the purchase of the investment. A bona fide solicitation is a solicitation that satisfies all of the following requirements: (1) The bid specifications are in writing and are timely forwarded to potential providers. (2) The bid specifications include all material terms of the bid. A term is material if it may directly or indirectly affect the yield or the cost of the investment. (3) The bid specifications include a statement notifying potential providers that submission of a bid is a representation that the potential provider did not consult with any other potential provider about its bid, that the bid was determined without regard to any other formal or informal agreement that the potential provider has with the issuer or any other person (whether or not in connection with the Bonds), and that the bid is not being submitted solely as a courtesy to the issuer or any other person for purposes of satisfying the requirements of paragraph (d)(6)(iii)(13)(1) or (2) of Section 1.148-5 of the Regulations. (4) The terms of the bid specifications are commercially reasonable. A term is commercially reasonable if there is a legitimate business purpose for the term other than to increase the purchase price or reduce the yield of the investment. (5) For purchases of guaranteed investment contracts only, the terms of the solicitation take into account the Issuer's reasonably expected deposit and drawdown schedule for the amounts to be invested. -14- (6) All potential providers have an equal opportunity to bid and no potential provider is given the opportunity to review other bids (i.e., a last look) before providing a bid. (7) At least three reasonably competitive providers are solicited for bids. A reasonably competitive provider is a provider that has an established industry reputation as a competitive provider of the type of investments being purchased. (b) The bids received by the Issuer meet all of the following requirements: (1) The Issuer receives at least three bids from providers that the Issuer solicited under a bona fide solicitation meeting the requirements of paragraph (d)(6)(iii)(A) of Section 1.148-5 of the Regulations and that do not have a material financial interest in the issue. A lead underwriter in a negotiated underwriting transaction is deemed to have a material financial interest in the issue until 15 days after the issue date of the issue. In addition, any entity acting as a financial advisor with respect to the purchase of the investment at the time the bid specifications are forwarded to potential providers has a material financial interest in the issue. A provider that is a related party to a provider that has a material financial interest in the issue is deemed to have a material financial interest in the issue. (2) At least one of the three bids described in paragraph (d)(6)(iii)(13)(1) of Section 1.148-5 of the Regulations is from a reasonably competitive provider, within the meaning of paragraph (d)(6)(iii)(A)(7) of Section 1.148-5 of the Regulations. (3) If the Issuer uses an agent to conduct the bidding process, the agent did not bid to provide the investment. (c) The winning bid meets the following requirements: (1) Guaranteed investment contracts. If the investment is a guaranteed investment contract, the winning bid is the highest yielding bona fide bid (determined net of any broker's fees). (2) Other investments. If the investment is not a guaranteed investment contract, the winning bid is the lowest cost bona fide bid (including any broker's fees). (d) The provider of the investments or the obligor on the guaranteed investment contract certifies the administrative costs that it pays (or expects to pay, if any) to third parties in connection with supplying the investment. (e) The Issuer will retain the following records with the bond documents until three years after the last outstanding bond is redeemed: -15- (1) For purchases of guaranteed investment contracts, a copy of the contract, and for purchases of investments other than guaranteed investment contracts, the purchase agreement or confirmation. (2) The receipt or other record of the amount actually paid by the Issuer for the investments, including a record of any administrative costs paid by the Issuer, and the certification under paragraph (d)(6)(iii)(D) of Section 1.148-5 of the Regulations. (3) For each bid that is submitted, the name of the person and entity submitting the bid, the time and date of the bid, and the bid results. (4) The bid solicitation form and, if the terms of the purchase agreement or the guaranteed investment contract deviated from the bid solicitation form or a submitted bid is modified, a brief statement explaining the deviation and stating the purpose for the deviation. (5) For purchases of investments other than guaranteed investment contracts, the cost of the most efficient portfolio of State and Local Government Series Securities, determined at the time that the bids were required to be submitted pursuant to the terms of the bid specifications. Section 4.5 Records The Issuer will maintain records of all purchases, sales, liquidations, investments, reinvestments, redemptions, disbursements, deposits, and transfers of amounts on deposit. Section 4.6 Investments to be Legal All investments required to be made pursuant to this Certificate shall be made to the extent permitted by law. In the event that any such investment is determined to be ultra vires, it shall be liquidated and the proceeds thereof shall be invested in a legal investment, provided that prior to reinvesting such proceeds, the Issuer shall obtain an opinion of Bond Counsel to the effect that such reinvestment will not cause the Bonds to become arbitrage bonds under Sections 103, 148, 149, or any other applicable provision of the Code. ARTICLE V GENERAL COVENANTS The Issuer hereby covenants to perform all acts within its power necessary to ensure that the reasonable expectations set forth in Article II hereof will be realized. The Issuer reasonably expects to comply with all covenants contained in this Certificate. -16- ARTICLE VI AMENDMENTS AND ADDITIONAL AGREEMENTS Section 6.1 Opinion of Bond Counsel; Amendments The various provisions of this Certificate need not be observed and this Certificate may be amended or supplemented at any time by the Issuer if the Issuer receives an opinion or opinions of Bond Counsel that the failure to comply with such provisions will not cause any of the Bonds to become "arbitrage bonds" under the Code and that the terms of such amendment or supplement will not cause any of the Bonds to become "arbitrage bonds" under the Code, or otherwise cause interest on any of the Bonds to become includable in gross income for federal income tax purposes. Section 6.2 Additional Covenants, Agreements The Issuer hereby covenants to make, execute and enter into (and to take such actions, if any, as may be necessary to enable it to do so) such agreements as may be necessary to comply with any changes in law or regulations in order to preserve the tax-exempt status of the Bonds to the extent that it may lawfully do so. The Issuer further covenants (1) to impose such limitations on the investment or use of moneys or investments related to the Bonds, (2) to make such payments to the United States Treasury, (3) to maintain such records, (4) to perform such calculations, and (5) to perform such other lawful acts as may be necessary to preserve the tax- exempt status of the Bonds. Section 6.3 Internal Revenue Service Audits The Internal Revenue Service has not audited the Issuer regarding any obligations issued by or on behalf of the Issuer. To the best knowledge of the Issuer, no such obligations of the Issuer are currently under examination by the Internal Revenue Service. Section 6.4 Amendments Except as otherwise provided in Section 6.1 hereof, all the rights, powers, duties and obligations of the Issuer shall be irrevocable and binding upon the Issuer and shall not be subject to amendment or modification by the Issuer. -17- IN WITNESS WHEREOF, the Issuer has caused this Certificate to be executed by its duly authorized officer, all as of the day first above written. i L J FinancMDirector, City of Iowa City, State of Iowa (SEAL) EXHIBIT A $12,145,000 General Obligation Bonds, Series 2020 ISSUE PRICE CERTIFICATE The undersigned, on behalf of Robert W. Baird & Co., Inc. ("Purchaser"), hereby certifies as set forth below with respect to the sale of the above -captioned obligations (the 'Bonds"). 1. Reasonably Expected Initial Offering Price. a) As of the Sale Date, the reasonably expected initial offering prices of the Bonds to the Public by Purchaser are the prices listed in Schedule A (the "Expected Offering Prices"). The Expected Offering Prices are the prices for the Maturities of the Bonds used by Purchaser in formulating its bid to purchase the Bonds. Attached as Schedule B is a true and correct copy of the bid provided by Purchaser to purchase the Bonds. its bid. b) Purchaser was not given the opportunity to review other bids prior to submitting C) The bid submitted by Purchaser constituted a firm offer to purchase the Bonds. 2. Defined Terms. a) Maturity means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate Maturities. b) Public means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter. The term "related party" for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly. C) Sale Date means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is May 5, 2020. d) Underwriter means (i) the Purchaser or any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents Purchaser's interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Exemption Certificate and with respect to compliance with the federal income tax rules affecting the Bonds, and by Ahlers & Cooney, P.C. as bond counsel in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds. Robert W. Baird & Co., Inc. Name: Dated: June 1, 2020 SCHEDULE A EXPECTED OFFERING PRICES (Attached) SCHEDULE B COPY OF UNDERWRITER'S BID (Attached) EXHIBIT B $12,145,000 General Obligation Bonds, Series 2020 CERTIFICATE OF MUNICIPAL ADVISOR The undersigned, on behalf of Speer Financial (the "Municipal Advisor"), as the municipal advisor to the City of Iowa, City, Iowa in connection with the issuance of the above - captioned obligations (the "Bonds"), has assisted the Issuer in soliciting and receiving bids from potential underwriters in connection with the sale of the Bonds in a competitive bidding process in which bids were requested for the purchase of the Bonds at specified written terms, and hereby certifies as set forth below with respect to the bidding process and award of the Bonds. 1. The Bonds were offered for sale at specified written terms more particularly described in the Terms of Offering, which was distributed to potential bidders, a copy of which is attached to this certificate as Attachment 1. 2. The Terms of Offering were disseminated electronically through SPEERAUCTION.. The method of distribution of the Terms of Offering is regularly used for purposes of disseminating notices of sale of new issuances of municipal bonds, and notices disseminated in such manner are widely available to potential bidders. 3. To the knowledge of the Municipal Advisor, all bidders were offered an equal opportunity to bid to purchase the Bonds so that, for example, if the bidding process afforded any opportunity for bidders to review other bids before providing a bid, no bidder was given an opportunity to review other bids that was not equally given to all other bidders (that is, no exclusive "last -look"). 4. The Issuer received bids from at least three bidders who represented that they have established industry reputations for underwriting new issuances of municipal bonds. Based upon the Municipal Advisor's knowledge and experience in acting as the municipal advisor for other municipal issues, the Municipal Advisor believes those representations to be accurate. Copies of the bids received are attached to this certificate as Attachment 2. 5. The winning bidder was Robert W. Baird & Co., Inc. (the "Purchaser"), whose bid was determined to be the best conforming bid in accordance with the terms set forth in the Terms of Offering, as shown in the bid comparison attached as Attachment 3 to this certificate. The Issuer awarded the Bonds to the Purchaser. The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Municipal Advisor's interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Exemption Certificate and with respect to compliance with the federal income tax rules affecting the Bonds, and by Ahlers & Cooney, P.C. as bond counsel in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds. No other persons may rely on the representations set forth in this certificate without the prior written consent of the Municipal Advisor. SPEER FINANCIAL IN Name: Dated: June 1, 2020 ATTACHMENT 1 TERMS OF OFFERING (Attached) ATTACHMENT 2 BIDS RECEIVED (Attached) ATTACHMENT 3 BID COMPARISON (Attached) 01718524-1\10714-135 Ck ITEMS TO INCLUDE ON AGENDA CITY OF IOWA CITY, IOWA $12,145,000 General Obligation Bonds, Series 2020 E Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds; Approval of the Tax Exemption Certificate and Continuing Disclosure Certificate. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Council Member Salih introduced the following Resolution entitled "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $12,145,000 GENERAL OBLIGATION BONDS, SERIES 2020, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE TAX EXEMPTION CERTIFICATE AND CONTINUING DISCLOSURE CERTIFICATE" and moved that it be adopted. Council Member Weiner seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Bergus, Mims, Salih, Taylor, Teague, Thomas, Weiner NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 20-121 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $12,145,000 GENERAL OBLIGATION BONDS, SERIES 2020, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE TAX EXEMPTION CERTIFICATE AND CONTINUING DISCLOSURE CERTIFICATE WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of the opening, widening, extending, grading and drainage of the right-of-way of streets, highways, avenues, alleys, and public grounds; the construction, reconstruction, and repairing of any street and streetscape improvements, with related utility work, traffic control devices, lighting, sidewalks, and the acquisition of real estate for such purposes; the rehabilitation and improvement of parks already owned, including facilities, equipment and improvements commonly found in city parks; equipping the fire department; and the acquisition, development and improvement of an Infrastructure Asset Management software program suitable for automated mapping and facilities management, essential corporate purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $11,600,000 be authorized for said purpose(s); and WHEREAS, pursuant to notice published as required by Section 384.25 of the Code of Iowa, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the General Obligation Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and WHEREAS, the City is in need of funds to pay costs of improvements to and equipping of the Mercer Park Pool, general corporate purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of Not to Exceed $700,000 be authorized for said purpose(s); and WHEREAS, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and WHEREAS, pursuant to notice published as required by Section 384.26 of the Code of Iowa, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for the above-mentioned general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and WHEREAS, pursuant to Section 384.28 of the Code of Iowa, it is hereby found and determined that the various general obligation Bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of $12,145,000 General Obligation Bonds as hereinafter set forth; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at public sale and action should now be taken to issue said Bonds conforming to the terms and conditions of the best bid received at the advertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: • "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. • "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant or such person's subrogee. • "Blanket Issuer Letter of Representations" shall mean the Representation Letter from the Issuer to DTC, with respect to the Bonds. "Bond Fund" shall mean the fund created in Section 3 of this Resolution. • "Bonds" shall mean $12,145,000 General Obligation Bonds, Series 2020, authorized to be issued by this Resolution. • "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. -5- • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate approved under the terms of this Resolution and to be executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. • "Depository Bonds " shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. • "DTC" shall mean The Depository Trust Company, New York, New York, which will act as security depository for the Bond pursuant to the Representation Letter. "Issuer" and "City" shall mean the City of Iowa City, State of Iowa. • "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean U.S. Bank, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. • "Project" shall mean the costs of the opening, widening, extending, grading and drainage of the right-of-way of streets, highways, avenues, alleys, and public grounds; the construction, reconstruction, and repairing of any street and streetscape improvements, with related utility work, traffic control devices, lighting, sidewalks, and the acquisition of real estate for such purposes; the rehabilitation and improvement of parks already owned, including facilities, equipment and improvements commonly found in city parks; equipping the fire department; and the acquisition, development and improvement of an Infrastructure Asset Management software program suitable for automated mapping and facilities management; and improvements to and equipping of the Mercer Park Pool. • "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. • "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. • "Registrar" shall mean U.S. Bank of Saint Paul, Minnesota, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. "Resolution" shall mean this resolution authorizing the Bonds. WOE 0 "Tax Exemption Certificate" shall mean the Tax Exemption Certificate approved under the terms of this Resolution and to be executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. ® "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax-, Other Funds to be Used. a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in the City of Iowa City, State of Iowa, to -wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION $3,624,900* 2020/2021 $2,132,450 2021/2022 $1,442,450 2022/2023 $987,450 2023/2024 $932,200 2024/2025 $892,700 2025/2026 $853,200 2026/2027 $837,400 2027/2028 $821,600 2028/2029 $805,800 2029/2030 A levy has been included in the budget previously certified and will be used together with available City funds to pay the principal and interest of the Bond coming due in fiscal year 2020/2021 ($4,112,450). (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2019 will be collected during the fiscal year commencing July 1, 2020.) b) Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Johnson County, Iowa and the Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of the tax, and for no other purpose whatsoever. -7- c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "2020 GENERAL OBLIGATION BOND FUND NO. 1 " (the 'Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds, other than accrued interest except as may be provided below, shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Section 5. Investment of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2019, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, 2019, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. a) Bond Details. General Obligation Bonds of the City in the amount of $12,145,000, shall be issued pursuant to the provisions of Sections 384.25, 384.26 and 384.28 of the Code of Iowa for the aforesaid purposes. The Bonds shall be designated "GENERAL OBLIGATION BOND, SERIES 2020", be dated June 1, 2020, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2020, and semiannually thereafter on the 1 st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Principal Interest Amount Rate Maturity June 1 st $3,600,000 5.000% 2021 $1,800,000 5.000% 2022 $1,200,000 5.000% 2023 $805,000 5.000% 2024 $790,000 5.000% 2025 $790,000 5.000% 2026 $790,000 2.000% 2027 $790,000 2.000% 2028 $790,000 2.000% 2029 $790,000 2.000% 2030 b) Redemption. i. Optional Redemption. Bonds maturing after June 1, 2026 may be called for optional redemption by the Issuer on that date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Written notice will be deemed completed upon transmission to the owner of record. If selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will determine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Section 7. Issuance of Bonds in Book -Entry Form; Replacement Bonds a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount). The Bonds must be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bonds registered in the name of Cede & Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated or in the Representation Letter. b) The Bonds will be initially issued in the form of separate single authenticated fully registered bonds in the amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of the Bonds will be registered in the registry books of the U.S. Bank kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for other purposes. The Paying Agent, Registrar and the Issuer have no responsibility or obligation to any Participant or Beneficial Owner of the Bonds under or through DTC with respect to the accuracy of records maintained by DTC or any Participant; with respect to the payment by DTC or Participant of an amount of principal or redemption price of or interest on the Bonds; with respect to any notice given to owners of Bonds under the Resolution; with respect to the Participant(s) selected to receive payment in the event of a partial redemption of the Bonds, or a consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum paid. DTC must receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to the new nominee in accordance with this Section. c) In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bonds certificates. The Bonds will be transferable in accordance with this Section. DTC may determine to discontinue providing its services -10- with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities under applicable law. In this event, the Bonds will be transferable in accordance with this Section. d) Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all notices must be made and given, respectively to DTC as provided in the Representation letter. e) In connection with any notice or other communication to be provided to Bondholders by the Issuer or the Paying Agent and Registrar with respect to a consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for the consent or other action and give DTC notice of the record date not less than 15 calendar days in advance of the record date to the extent possible. Notice to DTC must be given only when DTC is the sole Bondholder. f) The Representation Letter is on file with DTC and sets forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. The execution and delivery of the Representation Letter to DTC by the Issuer is ratified and confirmed. g) In the event that a transfer or exchange of the Bonds is permitted under this Section, the transfer or exchange may be accomplished upon receipt by the Registrar from the registered owners of the Bonds to be transferred or exchanged and appropriate instruments of transfer. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution apply to, among other things, the printing of certificates and the method or payment of principal of and interest on the certificates. Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. h) The officers of the Issuer are authorized and directed to prepare and furnish to the purchaser, and to the attorneys approving the legality of Bonds, certified copies of proceedings, ordinances, resolutions and records and all certificates and affidavits and other instruments as may be required to evidence the legality and marketability of the Bonds, and all certified copies, certificates, affidavits and other instruments constitute representations of the Issuer as to the correctness of all stated or recited facts. - 11 - Section 8. Registration of Bonds; Appointment of Registrar; Transfer, Ownership Delivery; and Cancellation. a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. U.S. Bank is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. -12- 0 Non -Presentment of Bonds. In the event any payment check, wire, or electronic transfer of funds representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional Bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Upon receipt of the final payment of principal, the holder of the Bond shall surrender the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute the Bonds by their manual or authorized signature and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate -13- herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed substantially in the form as follows: "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "GENERAL OBLIGATION BOND" "SERIES 2020" CORPORATE PURPOSE Rate: Maturity: Bond Date: June 1, 2020 CUSIP No.: "Registered" Certificate No. Principal Amount: $ The City of Iowa City, State of Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to (Registration panel to be completed by Registrar or Printer with name of Registered Owner). -14- or registered assigns, the principal sum of (enter principal amount in long form) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of U.S. Bank, Paying Agent of this issue, or its successor, with interest on the sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 2020, and semiannually thereafter on the 1 st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month preceding such interest payment date. Interest shall be computed on the basis of a 360 -day year of twelve 30 - day months. This Bond is issued pursuant to the provisions of Sections 384.25, 384.26 and 384.28 of the Code of Iowa, for the purpose of paying costs of the opening, widening, extending, grading and drainage of the right-of-way of streets, highways, avenues, alleys, and public grounds; the construction, reconstruction, and repairing of any street and streetscape improvements, with related utility work, traffic control devices, lighting, sidewalks, and the acquisition of real estate for such purposes; the rehabilitation and improvement of parks already owned, including facilities, equipment and improvements commonly found in city parks; equipping the fire department; and the acquisition, development and improvement of an Infrastructure Asset Management software program suitable for automated mapping and facilities management; and improvements to and equipping of the Mercer Park Pool, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other Issuer as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2026 may be called for optional redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Written notice will be deemed completed upon transmission to the owner of record. -15- If selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will determine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by U.S. Bank, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered Bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that such taxes have been irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of its City Clerk, with the seal of the City printed or impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, U.S. Bank, Saint Paul, Minnesota. Date of authentication: This is one of the Bonds described in the within mentioned Resolution, as registered by U.S. Bank. U.S. BANK, Registrar By: Authorized Signature Registrar and Transfer Agent: U.S. Bank -16- Paying Agent: U.S. Bank SEE REVERSE FOR CERTAIN DEFINITIONS (Seal) (Signature Block) CITY OF IOWA CITY, STATE OF IOWA By: (manual or facsimile signature) Mayor ATTEST: By: (manual or facsimile signature) City Clerk (Information Required for Registration) ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: (Person(s) executing this Assignment sign(s) here) SIGNATURE) GUARANTEED) IMPORTANT - READ CAREFULLY the The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. -17- INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Partnership Corporation Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in fall according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with rights of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - .......... Custodian .......... (Cust) (Minor) Under Iowa Uniform Transfers to Minors Act ................... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST (End of form of Bond) Section 14. Closing Documents. The Mayor and City Clerk are authorized and directed to execute, attest, seal and deliver for and on behalf of the City any other additional certificates, documents, or other papers and perform all other acts, including without limitation the execution of all closing documents, as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 15. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 16. Non -Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Section 17. Approval of Tax Exemption Certificate. Attached hereto is a form of Tax Exemption Certificate stating the Issuer's reasonable expectations as to the use of the proceeds of the Bonds. The form of Tax Exemption Certificate is approved. The Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Finance Director is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 18. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 19. Additional Covenants Representations and Warranties_ of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds;(c) consult with Bond Counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds;(e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 20. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of Bond Counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. -19- Section 21. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 22. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 19th day of May, 2020. ATTEST: �r City Clerk May -20- CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 19th day `of �C�Iay, I—, 2020. City Clerk, City of Iowa C ty, State of Iowa (SEAL) 01718308-1\10714-135 Item Number: 6.e. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT May 19, 2020 Resolution authorizing the Mayor to sign and the City Clerk to attest the FY2021 agreement between the City of Iowa City and the City of University Heights for the provision of transit service within the corporate limits of University Heights. Prepared By: Darian L. Nagle-Gamm; Transportation Services Director Reviewed By: Geoff Fruin; City Manager Fiscal Impact: University Heights agrees to pay $40,042 in monthly payments of $3,336.83. Recommendations: Staff: Approval 1 •uu To .1111110I/G1 Attachments: Resolution 28E Agreement Executive Summary: The City of Iowa City Transportation Services department currently operates transit service for the City of University Heights utilizing a 28E Agreement. This resolution will continue that service through FY21 for a contracted payment of $40,042. Background /Analysis: University Heights has contracted with the City of Iowa City for transit services since the 1970's. Currently Iowa City Transit provides service with five routes during peak service, which include the Melrose Express, Oakcrest, Plaen View, Westside, Hospital and Westwinds routes. This serves Melrose Avenue and Sunset Street with roughly 90 trips per day. The contract amount is based on a formula which considers the current Consumer Price Index of 2.3% as an escalator of the previous year's contract. The University Heights City Council approved this agreement at their April 22nd, 2020 meeting. ATTACHMENTS: Description Resolution 28E Agreement 6. Iowa Secretary of State a FILED 321 East 12th Street Filing Date: 05129/2020 12:03 PM Des Moines, IA 50319 Filing Number: M512669 sos.iowa.gov 28E Agreement Full Legal Name Organization Type County ferry 1 City of Iowa City City Johnson psa, a City of University Heights City Johnson ParddPant<_ 410 - Public Transit 3nract 'rypp- FY2021 agreement between the City of Iowa City and the City of University Heights for the provision of transit service within the corporate limits of University Heights (Res 20-122) P ,rpoie 06/30/2021 Uurahnn 20-122.pdf Upload aconed Auu ^-Wnt Contact Person: (Optional) kellie Contrct first Nulao-. Fruehling Contac. Lc^: Name City Clerk .lob 11'Ic City Clerk L)Cpzrlmonl kellie-fruehling@iowa-city.org Finad Address 1 319-356-5041 Phone Prepared by: Brad Neumann, MPOJC/NDS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5235 Resolution No. 20-122 Resolution authorizing the Mayor to sign and the City Clerk to attest the FY2021 agreement between the City of Iowa City and the City of University Heights for the provision of transit service within the corporate limits of University Heights Whereas, Chapter 28E, Code of Iowa, provides, in substance, that any power which may be exercised by a public agency of this state maybe exercised jointly with another public agency having such power; and Whereas, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights; and Whereas, the parties have negotiated a 28E Agreement for transit service in FY2021 at a rate of $40,042 for the year, 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 FY2021 28E Agreement for Transit Services between the City of Iowa City, Iowa and the City of University Heights, Iowa is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest in duplicate same on behalf of the City of Iowa City. 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 19th day of May 2020. Mayo ftftw by ATTEST: ' P `• City Jerk City Attorney's Office (Eric Goers - 05/13/2020) Resolution No. go-tgg Page 2 It was moved by Salih and seconded by Weiner the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Prepared by: Brad Neumann, MPOJCtNDS, 410 E. Washington, Iowa City, IA 52240 319-356-5235 FY2021 28E Agreement for Transit Services between the City of Iowa City, Iowa and the City of University Heights, Iowa This agreement is made and entered into this 19thday of May , 2020, by and between the City of Iowa City, Iowa and the City of University Heights, Iowa, both municipal corporations. WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any power which may be exercised by a public agency of the state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to encourage the use of public transit by residents of Iowa City and University Heights. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the City of University Heights, as follows: 1. Scope of Services No separate legal or administrative entity is created herein. The City of Iowa City shall provide public transit service to the City of University Heights. Iowa City shall determine the scheduling of buses, the routes, and the location of bus stops within University Heights. It is agreed that residents of University Heights will obtain the same level of transit service as residents of Iowa City who are served by the same routes. Residents of University Heights will also be eligible for the same fare structure as Iowa City residents. ii- Duration The term of this agreement shall commence July 1, 2020, and continue through and including June 30, 2021. iii. Terminatfon This agreement may be terminated upon thirty calendar days written notice by either party. In the event of termination, Iowa City shall provide public transit service through the last day of the thirty -day notice period, and University Heights shall pay for all services rendered, including those rendered in the thirty -day period. IV. Compensation The City of University Heights agrees to pay $40,042 for the provision of public transit service as herein described during FY2021. Payment shall be made in twelve monthly payments of $3,336.83 each, to be received by the City of Iowa City on or before the 15th of each month. V. ChapterME, Code of/owa In accordance with Chapter 28E of the Code of Iowa, this agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY By: ?'-"AAte, Br a Teague, May* Attest: City Clerk, Kellie Frue T ng Approved by: City Attorney's Office (Eric Goers - 05/13/2020) STATE OF IOWA ) ) ss: JOHNSON COUNTY ) CITY OF UNIVERSITY HEIGHTS Lo ise From, Mayor Attest: City Clerk, Christine Anderson Approved by: City Attorney On 9+ h of � / , 20 SCJ , before me, thn ned a Notary Public in and for the State of Iowa, personally appeared BrucA Teague and Kellie Fruehling, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its Cid ouncil, as contained,' Re olution No. aU� passed by the City Council, on the 4fi� day of / / tq , 20 and that Bruce Teague and Kellie Fruehling acknowledged the executi n of the instrument to be their voluntary act and deed a act and deed of the corporation, by it voluntarily executed. �m CHRISTINE OLNEY � Commission _ � Number 808232 * owe *mansion Expires -Notaryl5ublrc rn and for P State of Iowa STATE OF IOWA ) ss: JOHNSONCOUNTY) g On this _ day of 14 PLC 20,2u , before me, Steven E. Ballard, a Notary Public in ander the State of Iowa, personally appeared Louise From and Christine Anderson, 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 University Heights, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. 20-12 passed by the City Council, on the 14th day of April, 2020, and that Louise From and Christine Anderson, acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily execu d. y STEVEN E. IBALLARO Nota •blic in and for the State of Iowa F Commhafon Number 161365 MY=I .don kr Item Number: 6.f. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT May 19, 2020 Resolution authorizing the Mayor to sign and the City Clerk to attest the FY21 28E Agreement between the City of Iowa City and Johnson County for the Mobility Coordinator position. Prepared By: Darian Nagle-Gamm; Transportation Services Director Reviewed By: Geoff Fruin; City Manager Fiscal Impact: $28,455 in FY21 which will come from the Transit Operations Aid -to - Agencies budget. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution 28E Agreement Executive Summary: This is a resolution to continue the joint funding agreement with Johnson County Social Services for the Mobility Coordinator position which provides transportation and mobility referrals, education, and community outreach in Iowa City and across the metro area. Background /Analysis: Specific goals of the position are to increase awareness of the public transit system and improve mobility for the following groups of persons: the elderly, low-income individuals, persons with disabilities/medical issues, and the mobility -challenged. The Mobility Coordinator helps residents reach their destinations by providing information on community transportation options, offering trip planning and trip planning education, and transit system training. The Mobility Coordinator position was initially established with 50% state grant funding. The remaining 50% was split between Johnson County (50%), Iowa City (35%), and Coralville (15%). Grant funding for the position has since receded. Under the FY21 agreement, the contribution percentages would remain the same. However, local entities will contribute to the total costs of the position including salary, benefits, supplies, and mileage. Iowa City's total contribution in FY21 is $28,455. ATTACHMENTS: Description Resolution 28E Agreement Iowa Secretary of State y�� gM.ti+ FILED 321 East 12th Street N _ Filing Date: 06/30/2020 11:36 AM rn Des Moines, IA 50319 �Q Filing Number. M512767 �'OItV OF sos.iowa.gov 28E Agreement Full Legal Name Organization Type County Pan, t City of Iowa City City Johnson Party z Johnson County County Johnson Participants 400 -TRANSPORTATION Ser vire Type 28E Agreement between the City of Iowa City and Johnson County for the Mobility Coordinator position (20-123) PL' 1 06/30/2021 P,, 20-123.pdf Upload Scanned Agreement Contact Person: (Optional) Kellie Contact First Name Fruehling Contact Last Name City Clerk Job Title City Clerks office Departmc-, kellie-fruehling@iowa-city.org I: i.. ,.I n.,.6, 319-356-5041 Phone 40.-F Prepared by: Darian Nagle-Gamm; Transportation Services, 335 Iowa Ave., Iowa City, IA 62240 (319) 366-5156 Resolution No. Resolution authorizing the Mayor to sign 28E Agreement between the City of Iowa Mobility Coordinator position. 20-1 and the City Clerk to attest the FY21 City and Johnson County for the 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 provide transportation assistance to elderly, low-income, persons with disabilities, and the mobility challenged; and Whereas, the Mobility Coordinator assists Iowa City residents reach their destinations by providing information on community transportation options, offering trip planning services and education, and providing transit system training for the elderly, low-income, persons with disabilities, and the mobility challenged; and Whereas, the parties have also negotiated a 28E Agreement for the contracting of paratransit services for IY21. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The attached 28E Agreement for Mobility Coordinator 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 the Mobility Coordinator position 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 191 day of May, 2020. �i/tµ'•e— Mayo / App d by Attest: (r/G 1.O , City Clerk City Attorney's Office (Eric Goers – 05/12/2020) Resolution No. 90_193 Page 2 It was moved by Salih and seconded by adopted, and upon roll call there were: Ayes: Nays: x x x Weiner Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be 28E Agreement for Mobility Coordinator between the City of Iowa City and Johnson County for the period of July 1, 2020 through June 30, 2021 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 Social Services, Mobility Coordinator services. The Mobility Coordinator will provide transportation referrals, education and community outreach, improving the overall mobility for elderly, disabled and low-income residents. General Terms Johnson County, Coralville and Iowa City will jointly fund the Mobility Coordinator position. Johnson County will pay 50%, Coralville will pay 15% and Iowa City will pay 35% of the total expenses related to the position including salary, benefits, supplies and mileage. Iowa City's contribution for the period of this agreement will be equivalent to 35% of the actual expenses as described herein, however the total amount paid by Iowa City for this position for the duration of this contract shall not exceed $28,455. 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, delays, 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 servants, employees or agents of any covenant or condition of this Agreement or by any act or failure to act of those persons. The County shall not be liable for any loss, injury, damage or delay of any nature whatsoever resulting from the County's failure to perform if 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 service provided by the Mobility Coordinator will be documented and provided to Iowa City upon request. Service is any assistance in regard to questions and/or travel training, and/or updates of transportation needs and/or accepted assignment of work requested by Iowa City Transit. Compensation and Duration This agreement shall be for a period of twelve (12) months effective July 1, 2020 through June 30, 2021. This agreement may be modified at any time by mutual written agreement of the parties. The contracted amount contained herein represents Iowa City's full and complete financial responsibility toward the Mobility Coordinator position. For the term running from July 1, 2020 through June 30, 2021, the County shall invoice Iowa City monthly for costs associated with providing the Mobility Coordinator position under this Agreement. The monthly proportional costs for Iowa City shall be calculated based Page 1 of 3 on the total cost of the full-time position. The monthly invoice shall show in detail Iowa City monthly expenses and pay for the Mobility Coordinator. 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 60 -day written notice must be provided. 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) (2019) 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 County Social Services Director shall administer this Agreement and the services described in. it. The Agreement does not provide for the acquisition of joint personal or real property. The Agreement represents the entire agreement between Iowa City and Johnson County for the Mobility Coordinator position. 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 19th City of Ioity By: Brac Teague, M yor day of May 20 Citi Clerk T �\ At: by: �/�j U U -1.( City Attorney's Office (Eric Goers — 05/12/2020) Johnson County, Iowa W Attest: Page 2 of 3 Rod Sullivan, Chair 4J County Auditor �� ✓ City Acknowledgement State of Iowa ) ) ss: Johnson County ) On this11�3 Ppf � , 20 as , before me, l nQ-Y a Notary Public in and for the State of Iowa, personally appeared Bruce Te a and Kellie Fruehling, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Resolution) No0Q-]a?::, , passed by the City Council, on the _ N 1'k day of m LA J 20_ a%� , and that Bruce Teague and Kellie Fruehling acknowledged the execution of the fristrument to be their voluntary act and deed and th voluntary act and deed ofthe corporation, by it voluntarily executed. Notary Public in and for State of Iowa =nNE My commission expires: /g/aZiCCounty Acknowledgement State of Iowa ) ) ss: Johnson County ) On this f 0 day of J v /\ 2 20 ?y , before me, G � q jf� f t.� a Notary Public in and for the State of Iowa, personally appeared Rod Sullivan and Travis Weipert, tome personally known, and, who, being by me duly sworn, did say that they are the Chairperson of the Board of Supervisors and County Auditor, respectively, of the County of Johnson, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its Board of Supervisors, as contained in the Motion adopted by the Board of Supervisors, on the f 9 4' day of 20 2d , and Rod Sullivan and Travis Weipert acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act.and deed of the corporation, by it voluntarily executed. El ..' MY cM mission E pre C�) v k"" \ Notary Public in and for the State of Iowa My commission expires: 2 (t6l'9—Z Page 3 of 3 Item Number: 6.g. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT May 19, 2020 Resolution authorizing execution of a Chapter 28E Agreement between the City of Iowa City and Johnson County, Iowa regarding certain road maintenance purposes. Prepared By: Brock Holub, Streets Superintendent Reviewed By: Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Agreement Executive Summary: This is a resolution approves a Chapter 28E agreement with Johnson County, Iowa regarding roads which are adjacent to or near the corporate limits of the City. This agreement identifies the maintenance responsibilities for each governmental body for these joint facilities. Background /Analysis: The Iowa City Streets Division and Johnson County Secondary Roads have worked well together to set forth their respective duties and costs associated with the maintenance of current and future joint jurisdiction roads in an efficient and equitable manner. These maintenance responsibilities include snow plowing, mowing, street sweeping, signage, pavement markings and pavement repairs. Staff recommends the City Council approve the resolution allowing the execution of the Chapter 28E agreement between the City and Johnson County. ATTACHMENTS: Description Resolution Agreement Iowa Secretary of State�P2E.uFro�q FILED y h"U 321 East 12th Street m Filing Date: 07/1712020 04:18 PM Des Moines. IA 50319 nq F hoc Filing Number: M612827 F%„1RY pF sos.iowa.gov 28E Agreement Full Legal Name Organization Type County Pane1 Johnson County County Johnson Fa I,. z City of Iowa City City Johnson Participants 350 - Street and Road Systems Ser ice Type Define and assign specific responsibilities and outline reimbursable costs for maintenance and repair of certain roads as specified within the 28E Agreement. Purpose 0711772030 Duration M512827 28F Agreement File Numbe,s 28E -Agreement -with -Iowa -City -for -Ce rtain-Road-Work. pdf Upload Scanned Agreement Contact Person: (Optional) Rod Contact First Name Sullivan Contact I .r- Name Board Chair Job Title Johnson County Board of Supervisors Department rsullivan@co.johnson.ia. us Email Address 1 319-356-6000 Phone Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5139 Resolution No. 20-124 Resolution authorizing execution of a Chapter 28E Agreement between the City of Iowa City and Johnson County, Iowa regarding certain road maintenance purposes. Whereas, both the City of Iowa City ("the City") and Johnson County ("the County") are public agencies as defined by Section 28E.2 of the Code of Iowa (2019); and Whereas, portions of several roads adjacent to or near the corporate limits of the City need continuous maintenance and repair; and Whereas, the City has annexed certain territory and in the future likely will annex additional territory which will access onto these roads; and Whereas; the County and the City agree that maintenance of the above-mentioned roads is beneficial and necessary to the public's use thereof as well as to the enjoyment of the abutting property owners; and Whereas, the County and the City desire to set forth their respective duties and costs associated with maintenance of said roads in an efficient and equitable manner, as specifically contemplated in Chapter 28E of the Code of Iowa (2019); and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The Mayor and City Clerk are hereby authorized to execute the Chapter 28E agreement with Johnson County, attached hereto and incorporated by reference herein, and said agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. 2. The City Clerk is hereby authorized to forward the executed Resolution and Agreement to the Johnson County Board of Supervisors for execution and recording in the Offices of the Johnson County Recorder and for filing with the Iowa Secretary of State, with recording and filing costs to be shared by both parties. Passed and approved this 19th day of May _,2020 Mayor oved by Attest: Cit Clerk 2tYAAtatom_y1's Ice - 0 0 (Sara Greenwood jHektjoen) Doc ID: 027754280002 Type: GEN Kind: RESOLUTION Recorded: 07/01/2020 at 03:24:21 PM Fee Amt: $0.00 Pape i of 2 Johnson County Iowa Kim Painter County Recorder BK6070 PG943-944 0C it Resolution No. 20-124 Page 2 It was moved by salih and seconded by Weiner the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner I Doc ID: 027754290005 Type: GEN Kind: AGREEMENT Recorded: 07/01/2020 at 03:26:12 PM Fee Amt: $0.00 Pape 1 of 5 Johnson County Iowa Kim Painter County Recorder • • f I • / �, ed Fcc Prepared by and Return to: Kim Sandbag, Public Wodra, 410 E. Washington Street, Iowa City, IA 52240(319)356-5139 Chapter 28E Agreement between Johnson County, Iowa and the City of Iowa City, Iowa for Certain Road Maintenance Purposes WHEREAS, both the City of Iowa City ("the City") and Johnson County C the County') are public agencies as defined by Section 28E.2 of the Code of Iowa (2019); and WHEREAS, portions of the several roads adjacent to or near the corporate limits of the City and listed on Exhibit A need continuous maintenance and repair; and WHEREAS, the City has annexed certain territory and in the future likely will annex additional territory which will access onto these roads; and WHEREAS, the County and the City agree that maintenance of the above-mentioned roads is beneficial and necessary to the public's use thereof as well as to the enjoyment of the abutting property owners; and WHEREAS, the County and the City desire to set forth their respective duties and costs associated with maintenance of said roads in an efficient and equitable Seamier, as specifically contemplated in Chapter 28E of the Code of Iowa (2019). IT IS NOW AGREED that the City and the County enter into an agreement pursuant to Chapter 28E of the Code of Iowa (2019) providing for cooperative action for the maintenance and repair of the aforementioned roads and, to that end, specifically the City and the County agree as follows: 1. PURPOSE AND SCOPE: The purpose of this Agreement is to define and assign specific responsibilities and outline reimbursable costs for maintenance and repair of certain roads as specified heroin as is beneficial and necessary to the public's use thereof and for the enjoyment of the abutting property owners. 2. CONSIDERATION: The mutual consideration herein is undertaking the maintenance and repair of the subject roads. No separate legal entity is created by this Agreement. The Johnson County Board of Supervisors shall administer the County's duties and responsibilities herein and the City Council of Iowa City shall administer the City's duties and responsibilities herein. 3. AFFECTED ROADS AND DIVISION OF MAINTENANCE RESPONSIBILITY: The road segments that are subject to this Agreement are listed on Exhibit A, attached hereto and incorporated herein by this reference. The City's and/or the County's specific maintenance and/or repair responsibilities for each of these road segments is as set out on Exhibit A. 4. CHANGES TO ROADS AFFECTED OR MAINTENANCE RESPONSIBILITY: The parties acknowledge that they may from time to time desire to add roads to or remove roads from this Agreement or they may wish to change maintenance and/or repair responsibilities, both without the necessity of adopting a new agreement. Accordingly, Exhibit A hereto may be modified by approval of the City Manager or designee and the Johnson County Engineer or designee. Upon such approval in writing, the City shall record the amended Exhibit, with specific reference the Agreement and the book and page number of the Agreement as recorded in the records of the Johnson County Recorder, 5, NORMAL MAINTENANCE: For those road segments for which the City or the County are respectively responsible under Exhibit A, the County and the City agree to perform all normal maintenance reasonably necessary for the safe use and enjoyment of said roads. "Normal maintenance" includes, but is not limited to, where appropriate, gravel surfacing, oil/chip seal surfacing, binding, snow removal, brush and weed control, traffic control signage and pavement marking (which must be done according to the Manual on Uniform Traffic Control Devices), ditch'cleaning pothole patching, and shoulder maintenance. 6. REIMBURSABLE COSTS OF NORMAL MAINTENANCE: The City and the County agree that all such normal maintenance or major maintenance activities for said roads shall be deemed `reimbursable claims" if the costs thereof exceed $7,000.00 per mile and/or $2,000.00 per bridge crossing or culvert crossing. Said reimbursable claims shall be treated as follows: a) Prior to undertaking the work, the party responsible for the work as outlined in Exhibit A shall first seek and obtain approval from the other party. The City and the County specifically agree that such approval shall not be unreasonably withheld. In the event of an emergency, pre -approval shall not be required prior to performing the work. b) Upon obtaining approval and upon completion of the work, the responsible entity, as set out in Exhibit A shall submit a written claim to the other party, requesting reimbursement for 50% of those amounts exceeding $7,000.00 per mile and/or $2,000.00 per bridge crossing or culvert crossing, itemizing the work performed and date completed. c) The party receiving the claim shall pay or dispute said claim in a timely manner d) This agreement neither pertains to nor governs new construction work. 7. LIABILITY AND THIRD -PARTY RIGKFS: Nothing herein is intended to alter the City's and/or the County's ultimate responsibility for its own right-of-way, including liability for or immunity from third party claims. Nor is this 28E Agreement intended to create any third - party benefits. Rather, this Agreement is intended as an efficient way to maintain the quality of life for both rural and urban living, and thereby protect the public interest during transition from rural to urban development as land is annexed into the City. 8. . PERMITS: The political subdivision within which the road right-of-way is located shall be responsible for issuing drive and utility permits. Both entities acknowledge that jurisdiction of the road right-of-way may be divided at its centerline, with each entity responsible for drive and utility permits on one side of the road right-of-way. 9. SPEED LIMITS: Speed limits shall be established by mutual agreement between the City and the County and adopted jointly by ordinance or resolution. In the absence of such ordinance or resolution, the speed restrictions of Iowa Code §321.285, as amended, shall apply, 10. MUNICIPAL UTILITIES: On the road segments listed on Exhibit A, upon review and approval of the County Engineer, the County hereby grants to the City the use of County right-of- way for the installation and maintenance of City -owned utilities, which approval shall not be unreasonably withheld. The County is neither responsible nor liable for the installation or maintenance of City -owned utilities located within the County rights-of-way. 11. NOTICES: Any notice by County to City is effective by ordinary mail addressed to: Public Works Director City of Iowa City 410 East Washington Street Iowa City, IA 52240 Any notice by City to County is effective by ordinary mail addressed to: Johnson County Engineer Johnson County Secondary Road Department 4810 Melrose Avenue West Iowa City, IA 52246 12. EFFECTIVE DATE: This Agreement shall be effective when approved and signed by both the Johnson County Board of Supervisors and the City Council of Iowa City, and filed with the Iowa Secretary of State and the Johnson County Recorder, as provided in Section 28E.8 of the Code of Iowa (2019). 13. DURATION AND TERMINATION: Once effective, this Agreement shall be in effect for five (5) years after the date it is executed. At the end of the five (5) year effective period, the Agreement shall be automatically renewed for an additional five (5) year period unless the County or the City objects in writing to such renewal prior to the renewal date. Either party may terminate this agreement upon thirty (30) calendar days written notice of termination to the other party at the address listed in paragraph l I above. 14. REVIEW OF THE AGREEMENT: At any time during the term of the Agreement either the County or the City may initiate review of this Agreement by contacting the other party, at which time both parties shall consider modifications of the Agreement, as appropriate. Annexation or severance of laud by the City, which includes any portion of the roads listed herein, shall require either renegotiation of this Agreement or alteration of Exhibit A as provided for above. 15. INTERPRETATION AND ENFORCEMENT: Interpretation and enforcement of the Agreement shall be in accordance with Chapter 28E of the Code of Iowa (2019) and statutes respecting the rights and responsibilities of the political subdivisions. Ib. DISPUTE RESOLUTION: Matters in dispute or subject to interpretation shall be first submitted to the parties for resolution prior to either party pursuing administrative or judicial remedies. In the event such matters must be submitted to the parties, they shall be submitted specifically to Public Works Director of the City of Iowa City, as representative for the City, and to the Johnson County Engineer, as representative for the County, who will both make a good faith effort to resolve the dispute. 17. SUPERSEDING EFFECT: This agreement replaces and supersedes any existing 28E agreements between the City of Iowa City and Johnson County relating to road maintenance responsibilities for those road right-of-ways listed on Exhibit A. NI�1I�LY�]�[�I�IYIr1Y Y•I This agreement was approved by official action of the Johnson County Board of Supervisors in official session on the �,� t day of J u he. 2020. ZC�,, , i'Jlrrl Rod Sullivan, Chairperson Johnson County Board of Supervisors �G� r Attest: County Auditor/Designee CITY OF IOWA CITY This agreement was approved by official action of the City Council of Iowa City in official session on the l9 th day of may 2020, 7, , A t x, e — -Z A� Bra Teague, Mayor Citoof Iowa City Approved by: w Ilk City Attorney's Office (Sara Greenwood Hektoen - 05/13/2020) ExhlbAA . e 51REET PLOWING PAVFAENT V19iletien bWNS 9HPWGrHIC NOTES EPoC6NLLGpN �� IOWACRY pWACIrY pWACRY M.CI WA mamw.amrmAwm. o NE Poco IOWAGRY WWACT" gWACRY IWIACIIT WA Habit lbmm�94 Pn4vetl O�WtE StPo£T JOMHVJH WUNry JWBiNN WUNry .YAINSJt1 wuU JOHN NUNIY MYY60NCWN Lla rox[cwuswas HNJNPAe1.W N'HTl 6¢H9FM'NFNN1NERtSA HER�tTM�VERNN/ bYYACRY JtlA4W]N CPUNTY J0.MSOH COUNtt JONNSCNLOUNry JdftlONCOUNIY JC pMmTlpepr GYhJI Np mTM1Me JgIN COU. JOFMSCNCCUXTY JOHNSON COU. J... COU. 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HNSONWUNTY JCHNBONCgMOV MHNSWWUNTY N'A HWm RmCmd%b& I`'tlTN 6n�T IOWACRY IOIK'ACRY IOWA CRY IOWA GTY WA IYM'C bwt6P6Pm9 IAM BIFEkT IOWACRY JOH.OJINTY CHNSONOTI YIHNeONf.WN1 NM A..mmaaPccP..ml xAWLEOXSIREFf breCW'bPaminlMaeelmNm#fiLm Svd Pmtl m EIXA!'f PAIK .wwb WMebQnmyWx.'bom EamlPmkAmlb Sew Rmtl GreeiTl. RAewIIml.InmlmlaaPawTom am;mneaaawwwesew olmm ablsw�Kmlleawanwmye's.I's�i.Ibn�w�le,=..�u.n.,m..m.,.msT.owoW wlrae N Retls masz,OOB pcmer.Imgalq aaHm wB rewNe prvwmlm oTm.aero'�mu'_-alerJBew awlro. PewTu'Anamala.mnleureerwlymealnrbswW� m Item Number: 6.h. 1 CITY OF IOWA CITY ��.:. -dry in � at COUNCIL ACTION REPORT May 19, 2020 Resolution accepting the work for the City Park Cabin Restoration Project. Prepared By: Melissa Clow, Special Projects Administrator Reviewed By: Juli Seydell Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval 19TOT171 1717 My Oil ► /G1 Attachments: Engineer's Report Resolution Executive Summary: This project has been completed by North Construction LLC of Muscatine, Iowa in substantial accordance with the plans and specifications. The Engineer's Report is on file with the City Clerk. • Project Estimated Cost: $ 190,500.00 • Project Bid Received: $ 256,900.00 • Project Actual Cost: $ 287,067.93 There were four change orders on the project, which included additional log and custom floorjoist replacements. Background /Analysis: The project involved structural and architectural restoration work for two log cabins in upper City Park. The cabins are both individually listed on the National Register of Historic Places. The restoration work included wood shake shingle roof replacement, structural and concrete foundation stabilization, carpentry for wood floors, windows, doors and log replacement and repair. The work followed historic guidelines within the plans and project manual. ATTACHMENTS: Description Engineer's Report Resolution ENGINEER'S REPORT May 13, 2020 City Clerk Iowa City, Iowa Re: City Park Cabin Restoration Project Parks and Recreation CIP #R4187 Dear City Clerk: NP,+�•"�*s CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-,5000 (319) 356-5009 FAX www.icgov.org I hereby certify that the City Park Cabin Restoration Project has been completed by North Construction LLC of Muscatine, Iowa in substantial accordance with the plans and specifications prepared by Shive-Hattery of Cedar Rapids, Iowa. The project was bid as a lump sum contract and the final contract price is $287,067.93. There were four change orders for the project described below: 1. Log Replacement - Debarked, Hewn Square Hardwood Timbers - additional 1,783 board feet of lumber replacement was identified beyond the known log replacement shown in the contract documents. 2. Log Replacement - Debarked, Round Softwood Logs - additional 1,869 board feet of lumber replacement was identified beyond the known log replacement shown in the contract documents. 3. Log Replacement - Sawn Lumber Replacement - additional thirty-six (36) 2'x12" floor joists in Cabin 2 was necessary. 4. Custom Floor Joist Replacement of four (4) hewn log floor joists TOTAL $12,837.60 $9,812.25 $5,230.08 $2,288.00 $30,167.93 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, .r.-. oe__-Lo Jason Havel, P.E. City Engineer Prepared by: Melissa Clow, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5413 Resolution No. 20-125 Resolution accepting the work for the City Park Cabin Restoration Project Whereas, the Engineering Division has recommended that the work for construction of the City Park Cabin Restoration Project, as included in a contract between the City of Iowa City and North Construction, LLC of Muscatine, Iowa, dated June 20, 2017, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Parks and Recreation City Park Cabin Restoration CIP account # R4187; and Whereas, the final contract price is $287,067.93. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 19th day of may 2020 J Ma of A d by �/j, / Attest 7ve: `�l. / , City Clerk V City Attorney's Office — 05/14/2020 It was moved by salih adopted, and upon roll call there were: and seconded by Ayes: Nays: x x x Weiner the Resolution be Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 6.i. 1 CITY OF IOWA CITY ��.:. -dry in � at COUNCIL ACTION REPORT May 19, 2020 Resolution accepting the work for the Mormon Trek Boulevard Four Lane to Three Lane Conversion and Lighting Improvements Project. Prepared By: Scott Sovers, Asst. City 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: Engineer's Report Resolution Executive Summary: Work on the project was recently completed by All American Concrete, Inc. of West Liberty, Iowa in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. • Project Estimated Cost: $ 1,465,000.00 • Project Bid Received: $ 1,416,119.68 • Project Actual Cost: $ 1,606,161.03 There were four change orders on the project, which included additional storm sewer intake repairs, traffic control and pavement markings. Additional pavement repairs were also completed to address damaged areas discovered in the field during the project. Background /Analysis: This project generally involved restriping the existing pavement from a four -lane section (two lanes in each direction) to a three -lane section (a through lane in either direction with a center two-way left turn lane) with bike lanes, traffic signal replacement at three intersections, replacement of non - ADA compliant sidewalk ramps and the addition of a right turn lane on Mormon Trek Boulevard at Benton Street. The Project also included the replacement of the existing roadway lighting on Mormon Trek Boulevard from Melrose Avenue north to the Iowa Interstate Railroad. ATTACHMENTS: Description Engineer's Report Resolution ENGINEER'S REPORT May 11, 2020 City Clerk Iowa City, Iowa CITY OF IOWA CITY 410 East Washington Street Iowa City, low<r 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov,or.g Re: Mormon Trek Boulevard Four Lane to Three Lane Conversion and Lighting Improvements Dear City Clerk: I hereby certify that the construction of the Mormon Trek Boulevard Four Lane to Three Lane Conversion and Lighting Improvements Project has been completed by All American Concrete, Inc. of West Liberty, IA in substantial accordance with the plans and specifications prepared by Snyder and Associates, Inc.. The project was bid as a unit price contract and the final contract price is $ 1,606,161.03. There were four (4) change or extra work orders for the project as described below: Change Order Description 1. Storm sewer intake top & throat replacement and supply and installation of signal detection equipment. 2. Additional temporary traffic control, temporary business signs and traffic signal pedestal poles. 3. Sodding unit price adjustment. 4. Reapplication of painted pavement markings TOTAL Net Contract Change $ 15,863.22 $10,293.66 $7,249.10 $11,000.00 $ 44,405.98 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Scott Sevens, Asst. City Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 Resolution No. 20-126 Resolution accepting the work for the Mormon Trek Boulevard Four Lane to Three Lane Conversion and Lighting Improvements Project. Whereas, the Engineering Division has recommended that the work for construction of the Mormon Trek Four Lane to Three Lane Conversion and Lighting Improvements Project, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, Iowa, dated July 23, 2018, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Mormon Trek Boulevard Three Lane Conversion account # S3868; and Whereas, the final contract price is $1,606,161.03. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 19th day of May 2020 Meir r 6 X11 Attest: 10 City Clerk It was moved by Salih and seconded by adopted, and upon roll call there were: Ayes: M Nays: �ved by / City Attorney's Office — 05/14/2020 Weiner the Resolution be Absent: Bergus Mims Salih Taylor Teague Thomas Weiner S Item Number: 6.j. 1 CITY OF IOWA CITY in � at COUNCIL ACTION REPORT May 19, 2020 Resolution accepting the work for the Rochester Avenue 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: Engineer's Report Resolution Executive Summary: The project has been completed by Bockenstedt Excavating, Inc of Iowa City, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. • Project Estimated Cost: $131,000.00 • Project Bid Received: $127,898.20 • Project Actual Cost: $139,060.95 Background /Analysis: The Rochester Avenue Sidewalk Infill Project included the construction of 4 -foot wide sidewalk along the north side of Rochester Avenue between the water storage site at 2410 Rochester Avenue and St. Thomas Court. The sidewalk connects to existing sidewalk at both ends. ATTACHMENTS: Description Engineer's Report Resolution CITY OF IOWA CITY 410 East. Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org ENGINEER'S REPORT May 12, 2020 City Clerk Iowa City, Iowa Re: Rochester Sidewalk Infill Project Dear City Clerk: I hereby certify that the Rochester Sidewalk Infill Project has been completed by Bockenstedt Excavating of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by MMS Consultants, Inc., of Iowa City, Iowa. The project was bid as a unit price contract and the final contract price is $139,060.95. There was a total of two (2) change or extra work orders for the project as follows: Sanitary Sewer Cleanout $200.00 2. Additional Traffic Control and Mobilization $3,650.00 TOTAL $3,850.00 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, ILason Havel, P.E. City Engineer Lo Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 Resolution No. 20-127 Resolution accepting the work for the Rochester Avenue Sidewalk Infill Project Whereas, the Engineering Division has recommended that the work for construction of the Rochester Avenue Sidewalk Infill Project, as included in a contract between the City of Iowa City and Bockenstedt Excavating, Inc. of Iowa City, Iowa, dated July 24, 2019, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Rochester Avenue Sidewalk Infill account # S3948; and Whereas, the final contract price is $139,060.95. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 19th day of May 12020 Ma Attest: City lerk It was moved by Salih and seconded by adopted, and upon roll call there were: Ayes: X X X X X X X— Nays: = by 4.0),/ -- City / ,City Attorney's Office — 05/14/2020 Weiner Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be Item Number: 6.k. AL CITY OF IOWA CITY =c�- Q T�q� COUNCIL ACTION REPORT May 19, 2020 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2020 Water Pavement Patching Project. Prepared By: Marri Van Dyke, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: To be updated with bid results — available in the Water Division Operating Budget Account # 73730130 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: Contract award information will be updated for the late handout, pending bids received on May 19th. Background /Analysis: Each year there are, on average, approximately 60 water main breaks within the City, and 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 is combining the pavement repairs at multiple main break sites into a single project to more efficiently address pavement damage resulting from water main breaks. Pavements that need repaired include Portland Cement Concrete (PCC), PCC with Hot Mix Asphalt (HMA) overlay, and brick paving with composite PCC and HMA base. Some locations will also require the removal and replacement of driveway, sidewalk, and/or curb and gutter. Construction is expected to be completed in Fall 2020. ATTACHMENTS: Description Resolution i r CITY OF IOWA CITY &,V �-,= COUNCIL ACTION REPORT May 19, 2020 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2020 Water Pavement Patching Project Prepared By: Marri VanDyke - Civil Engineer Late Handouts Distributed Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager�— Fiscal Impact: $129,735 available in the Water Division Operating Budget Account # 73730130-473010 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The 2020 Water Pavement Patching Project includes pavement repairs associated with water main breaks on various streets throughout Iowa City. The Project Manual was approved at the March 11, 2020 Council Meeting, and the engineer's estimated cost for construction was $150,000. One addendum was issued during the bid period that extended the bid deadline to May 19tH One (1) bid was submitted prior to the May 19, 2020 deadline: Bidder Name I city I Bid All American Concrete, Inc. I West Liberty, IA 1 $129,735 All American Concrete, Inc. of West Liberty, Iowa submitted the lowest responsive, responsible bid of $129,735. Staff recommends awarding the Contract for the 2020 Water Pavement Patching Project to All American Concrete, Inc. Background / Analysis: Each year there are, on average, approximately 60 water main breaks within the City, and 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 is combining the pavement repairs at multiple main break sites into a single project to more efficiently address pavement damage resulting from water main breaks. Pavements that need repaired include Portland Cement Concrete (PCC), PCC with Hot Mix Asphalt (HMA) overlay, and brick paving with composite PCC and HMA base. Some locations will also require the removal and replacement of driveway, sidewalk, and/or curb and gutter. Construction is expected to be completed in Fall 2020. (o. K Prepared by: Marti VanDyke, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 Resolution No. 20-128 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2020 Water Pavement Patching Project Whereas, All American Concrete of West Liberty, Iowa, has submitted the lowest responsible bid of $129,735.00 for construction of the above-named project; and Whereas, funds for this project are available in the Water Divisions Operating Budget account # 73730130-473010; 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 All American Concrete, 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 19th day of May _,2020 Attest City Clerk It was moved by salih and seconded by adopted, and upon roll call there were: Ayes: X X X X X X X Nays: qo ed by & _')�j/ City Attorney's Office — S)'-i-�2cc»Z-D Weiner the Resolution be Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Prepared by. Marri VanDyke, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 Resolution No. elution awarding contract and authorizing the Mayor to sign the City Clerk to attest a contract for constructipn of the 2020 R,r Pavement Patching Project 7 Whereas, of , has submitte he lowest responsible bid of $ fo\onsptructicotnaof the above-named project; a Whereas, funds forojereavailable in the Water ivisions Operating Budget account # 73730130-473010; Whereas, the City Engineer nd City Manager are a horized to execute change orders according to the City's Purchasing Polic as they may beco a necessary in the construction of the above- named project. Now, therefore, be it resolved by the ityouncil of the City of Iowa City, Iowa, that: 1. The contract for the and payment bond, 2. The Mayor is hereby construction of the 4 adequate performan e program statement . Passed and approved Attest : City ;onstru n of the above-named project is hereby awarded to subj t to a condition that awardee secure adequate performance Zthorized a certifl tes, and contract compliance program statements. to . n and the City Clerk to attest the contract for )ve-named proje , sub ject to the condition that awardee secure and payment bon , insurance certificates, and contract compliance day of It was moved by and seconded by adopted, find upon roll call there were: Ayes: Nays: 2020 A proved by City A omey's Office — 05/14/2020 Absent: Mims Salih Taylor Teague Thomas Weiner the Resolution be lL Item Number: 6.1. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT May 19, 2020 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Lower Muscatine Area Storm Sewer Improvements Project. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: To be updated with bid results — available in the Lower Muscatine Area Storm Sewer Improvements account #M3632 and the Annual Pavement Rehabilitation account #S3824 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: Contract award information will be updated for the late handout, pending bids received on May 19th. Background /Analysis: Most streets in the neighborhood around Lower Muscatine Road have minimal storm sewer/intakes. During heavier rain events, storm water running down side streets can create flooding issues on Lower Muscatine Road and Sycamore Street. This project aims to improve drainage by collecting and conveying storm water from the side streets prior to it collecting on Lower Muscatine Road and Sycamore Street. Specifically, this project will install storm sewer on Deforest and Ginter Avenues. Deforest Avenue from Sycamore to Franklin Streets will be reconstructed in accordance with the recommendations of the pavement management plan. ATTACHMENTS: Description Resolution —'i! CITY OF IOWA CITY COUNCIL ACTION REPORT May 19, 2020 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Lower Muscatine Area Storm Sewer Improvements Project. Late Handouts Distributed Prepared By: Reviewed By Fiscal Impact: Recommendations Attachments: Ben Clark - Senior Engineer Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager ll $763,197.95 available in the Lower Muscatine A(Wgrm Sewer Improvements account #M3632 and the Annual Pavement Rehabilitation account #S3824. Staff: Approval Commission: N/A Resolution Executive Summary: This agenda item awards the construction contract for the Lower Muscatine Area Storm Sewer Improvements Project. The Project Manual prepared by Bolton & Menk, Inc. was approved at the April 21, 2020 City Council Meeting, and the estimated cost of construction was $1,210,000. Two addenda were issued during the bidding period, and six (6) bids were received prior to the May 19, 2020 deadline. Bidder Name City Bid Amount Metro Pavers, Inc. Iowa City, IA $763,197.95 All American Concrete, Inc. West Liberty, IA $833,672.00 Bockenstedt Excavating, Inc. Iowa City, IA $ 871,431.20 Carter & Associates, Inc. Coralville, IA $ 892,431.80 Tschiggfrie Excavating Dubuque, IA $1,100,502.20 Dennis Spencer Construction Iowa City, IA $1,182,301.80 Metro Pavers, Inc. of Iowa City, Iowa submitted the lowest responsive, responsible bid of $763,197.95. Staff recommends awarding the Contract for the Lower Muscatine Area Storm Sewer Improvements Project to Metro Pavers, Inc. Background / Analysis: Most streets in the neighborhood around Lower Muscatine Road have minimal storm sewer/intakes. During heavier rain events, storm water running down side streets can create flooding issues on Lower Muscatine Road and Sycamore Street. This project aims to improve drainage by collecting and conveying storm water from the side streets prior to it collecting on Lower Muscatine Road and Sycamore Street. i r CITY OF IOWA CITY k COUNCIL ACTION REPORT Specifically, this project will install storm sewer on Deforest and Ginter Avenues. Deforest Avenue from Sycamore to Franklin Streets will be reconstructed in accordance with the recommendations of the pavement management plan. Prepared by: Ben Clark, Public Warks, 410 E. Washington Sl., Iowa City, IA 52240 (319)356-5436 Resolution No. 20-129 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Lower Muscatine Area Storm Sewer Improvements Project. Whereas, Metro Pavers of Iowa City, Iowa, has submitted the lowest responsible bid of $763,197.95 for construction of the above-named project; and Whereas, funds for this project are available in the Lower Muscatine Area Storm Sewer Improvements account #M3632 and the Annual Pavement Rehabilitation account #S3824; 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 Metro Pavers 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 1 e rh day of May 2020 Ma§e p /Zed by �{ Attest : ' `• City erk City Attorney's Offic() XL e — 5 141 2o20 It was moved by Salih and seconded by Weiner the Resolution be adopted, and upon roll call there were Ayes: R Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner �.I Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)3565436 Resolution No. esolution awarding contract and authorizing the Mayor to sign an the City Clerk to attest a contract for construction of the Lower Mus\afineArea Storm Sewer ImprovementsPr ject. Whereas, — has submitted the lowest responsible bid $--forconstruction of the above- named proje Whereas, funds for thproject are available in th Lower Muscatine Area Storm Sewer Improvements account #W632 and the Annual Paveryknt Rehabilitation account #S3824; and Whereas, the City Engineer a6q City Manager to the City's Purchasing Policy they may b named project. horized to execute change orders according necessary in the construction of the above - Now, therefore, be it resolved by the CitKouncil of the City of Iowa City, Iowa, that: 1. The contract for the constru ion o the above-named project is hereby awarded to — subject to the condition tha awardee ecure adequate performance and payment bond, insurance certificates, and ontract com 'ance program statements. 2. The Mayor is hereby uthorized to sign d the City Clerk to attest the contract for construction of the a ove-named project, s 'ect to the condition that awardee secure adequate performan and payment bond, insu nce certificates, and contract compliance program statement . Passed and approved t s day of 2020 Mayor Approv by Attest City Clrk City Attorne4 Office – 05/14/2020 It was movef) by and seconded by adopted, a d upon roll call there were: Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be Item Number: 6.m. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT May 19, 2020 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest Amendment No. 1 to the April 24, 2019 agreement by and between the City of Iowa City and Snyder & Associates, Inc. to provide engineering consultant services for the Scott, Napoleon, and Fairmeadows Park Improvements Project. Prepared By: Jason Reichart, Sr. Civil Engineer Reviewed By: Juli Seydell Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $6,800 available in the Napoleon, Scott, Fairmeadows Parks Rehabilitation account # R4367 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Amendment to Agreement Executive Summary: The City of Iowa City hired Snyder & Associates, Inc. to prepare construction plans and contract documents for the Scott, Napoleon, and Fairmeadows Park Improvements Project. After initial staff and public review, the City chose to increase the size and scope of the playground at Napoleon Park to provide additional play value. As a result, the City desired to have the Consultant provide additional services related to preparing proposals and reviewing submittals for the larger playground. The fee for Amendment No. 1 is $6,800, which along with original Consultant Agreement will bring the total consultant service fees to $66,400. Background /Analysis: The base bid for this project generally included the removal of existing structures, play equipment, pavements, and utilities, and construction of open shelters, play equipment, sidewalks and accessibility improvements. This project also included drainage and landscaping improvements. In addition, two alternates were bid, which included: • Add Alternate #1: The additional work and cost for a proposed 18' x 18' open shade structure at Napoleon Park. • Add Alternate #2: The additional work and cost for a proposed 24' x 24' open shade structure at Napoleon Park The City awarded the Base Bid, Add Alternate #1 and Add Alternate #2 to All American Concrete, Inc. at the April 7 Council meeting. ATTACHMENTS: Description Resolution Amendment to Agreement 6>. r-1-) Prepared by: Jason Reichart, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5416 Resolution No. 20-130 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest Amendment No. 1 to the April 24, 2019 agreement by and between the City of Iowa City and Snyder & Associates, Inc. to provide engineering consultant services for the Scott, Napoleon, and Fairmeadows Park Improvements Project. Whereas, the City of Iowa City, hereinafter "City", entered into an Agreement with Snyder & Associates, Inc., hereinafter "Consultant", on or about April 24, 2019, to prepare construction plans and contract documents for the Scott, Napoleon, and Fairmeadows Park Improvements Project; and Whereas, the City Manager approved the original Consultant Agreement per the City's Purchasing Policy; and Whereas, the total amount now exceeds the City Manager's approval authority; and Whereas, the size and scope of the playground was increased after initial staff and public review in order to provide additional play value at Napoleon park; and Whereas, the City desires to have the Consultant provide additional services associated with preparing proposals and reviewing submittals for playground manufacturers and equipment for Napoleon park; and Whereas, the City and Consultant have negotiated Amendment #1 to the Agreement to provide said additional consulting services; and Whereas, it is in the public interest to enter into said Amendment #1 to the Agreement with Consultant; and. Whereas, funds for this project are available in the Napoleon, Scott, Fairmeadows Parks Rehabilitation account # R4367; Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that 1. Amendment No. 1 to the 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 #1. 3. The City Manager is authorized to execute future amendments to this contract as they may become necessary. Resolution No. 20-130 Page 2 Passed and approved this 19th day of Ma r Attest: City Clerk It was moved by Salih and seconded by adopted, and upon roll call there were: Ayes: Nays: 2020. fZed by City Attorney's Office — 05/14/2020 (Sara Greenwood Hektoen) Weiner the Resolution be Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Consultant Agreement Scott, Napoleon, and Fairmeadows Park Improvements Project Amendment No. 1 This Amendment No. 1 to the April 24, 2019 Consultant Agreement ("Agreement") for the Scott, Napoleon, and Fairmeadows Park Improvements Project ("Project") by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and Snyder & Associates, Inc., of Iowa City, Iowa hereinafter referred to as the Consultant, is made and entered into this 19th day of May 2020 Whereas, the Scott, Napoleon, and Fairmeadows Park Improvements Project includes shelter and playground replacement and other associated improvements as identified in the 2017 Parks Master Plan: and Whereas, the City hired the Consultant to prepare construction plans and contract documents for the Project based on their qualifications and experience with other parks projects; and Whereas, the size and scope of the playground was increased after initial staff and public review in order to provide additional play value at the park; and Whereas, the City desires to have the Consultant provide additional services associated with selecting playground manufacturers and equipment for the three park sites. Now Therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. Scope of Services Section 1, Paragraph A "Preliminary Design Services and Site Survey' of the Agreement is hereby amended to add the following additional services: 11. Prepare proposals for multiple playground manufacturers, prepare exhibits and electronic CAD files, respond to submittal questions, process submittals, review designs and cost comparisons, and coordinate with the selected vendor for final playground documents. II. Time of Completion The Consultant shall complete the following phases of the project in accordance with the schedule shown. Work to be completed by May 15, 2020 III. Compensation for Services In consideration for performance of the above-described additional Scope of Services, the Consultant's hourly not -to -exceed fee is increased by $6,800, calculated on a time basis at rates set forth in Attachment A attached to the April 24, 2019 Consultant Agreement, making the total compensation for services, as hereby amended, not to exceed $66,400. IV. General Terms 2 - All provisions of the April 24, 2019 Agreement not specifically amended herein shall remain in full force and effect. For the City By: Title: Mayor Date: 5/19/2020 Attest: For the Consultant By: --hl U P M4MWI Title: 'gU.SUIEV UArr LEARW, Date: AWL 724 7 -OW Approved �p roved by: City Attorney's Office 5-13-�Aba0 1,rn Prepared by: Jason Reichart, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5416 Resolution No. Reso ution approving, authorizing and directing the ayor to execu and the City Clerk to attest Amendment No. to the April 24, 201 agreement by and between the City o owa City and Snyder & ssociates, Inc. to provideengin Bring consultant services fo the Scott, Napoleon, and airmeadows Park Improvements roject. Whereas, the City of Iowa Ci!S, hereinafter "City", a ered into an Agreement with Snyder & Associates, Inc., hereinafter "Con ultant", on or abou Aril 24, 2019, to prepare construction plans and contract documents for the We erby Park Imp vements Project; and Whereas, the City Manager approved a origin Consultant Agreement per the City's Purchasing Policy; and Whereas, the total amount now exceeds ttA City Manager's approval authority; and Whereas, the size and scope of the pla roup was increased after initial staff and public review in order to provide additional play value Napole\npak; and Whereas, the City desires to hav the Consprovide additional services associated with preparing proposals and reviewI g submittalsyground manufacturers and equipment for Napoleon park; and Whereas, the City and C said additional consulting Whereas, it is in the Consultant; and. have negotiated and interest to enter into said Whereas, funds for tis project are available in the Rehabilitation accoun # R4367; #1 to the Agreement to provide #1 to the Agreement with Scott, Fairmeadows Parks Now, therefore, be t resolved by the City Council of the City of Iowa ity, Iowa, that: 1. Amendm nt No. 1 to the Agreement, attached hereto, is i the public interest and is approve as to form and content. 2. The yor and City Clerk are hereby authorized and directed t execute the attached Amendment #1. 3. The City Manager is authorized to execute future amendments to thisc ntract as they may become necessary. Resolution No. _ Page 2 Passed and pr, Mayor Attest: City Clerk this day of 12020. It was moved by adopted, and upon roll call there Ayes: and secondy6 by by Attorney's Office — 05/1 a Greenwood Hektoen) Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be Item Number: 6.n. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT May 19, 2020 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 Shoemaker & Haaland Professional Engineers to provide engineering consultant services for the Second Avenue Bridge Replacement Project. Prepared By: Melissa Clow, Special Projects Administrator Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $149,199.80, available in the Second Avenue Bridge Replacement account #S3949 Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Agreement Executive Summary: This agenda item approves the consultant agreement with Shoemaker & Haaland Professional Engineers of Coralville, Iowa, for the design of the Second Avenue Bridge Replacement Project over the South Branch of Ralston Creek. This project generally includes the following: • Removal and replacement of the existing two-lane concrete bridge with a new two-lane bridge designed to meet local and state guidelines for traffic and pedestrians, with aesthetics to improve and enhance the neighborhood views of the creek • Improved streambank stabilization upstream and downstream of the new bridge • Sidewalk and Court Hill Trail connections and improvements • Connection of watermain dead ends on the north and south sides of the bridge The Iowa Department of Transportation awarded the City funding for the replacement of the Second Avenue Bridge over Ralston Creek through the City Bridge Program. Federally funded projects can receive reimbursement of 80% of eligible project costs, up to a limit of $1,000,000. The total project cost is estimated at $700,000. Staff recommends approval of the agreement with Shoemaker & Haaland Professional Engineers for the Second Avenue Bridge Replacement Project. Background /Analysis: The 2019 biannual bridge inspection rated the deck and super structure of the Second Avenue bridge as in serious condition and replacement was recommended. The streambank channel is also noted as having widespread minor damage with bank slump. The deck is spalling, has cracks and delamination is occurring. The bridge is posted with a 10 -ton weight embargo due to its current condition. There is also no traffic barrier separating pedestrians from vehicles. Impacts to the Court Hill Trail will be minimized as much as possible during construction, utilizing a temporary travel surface or a marked detour route. Staff has negotiated a not -to -exceed design fee of $149,199.80. ATTACHMENTS: Description Location Map Resolution Agreement N Second Ave Bridge Replacement Project D St 0 0 t 11 a lob 1 40 , 1p .� rA� a � � ..A � F St 4A IA MuscatinefAve ', j �= I,IR Y f Y _- 1 � -�a y n , y _ ofte Prepared by: Melissa Clow, Special Projects Administrator, Public Works, 410 E. Washington St., Iowa City, IA 52240:(319)356-5413 Resolution No. 20-131 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 Shoemaker & Haaland Professional Engineers to provide engineering consultant services for the Second Avenue Bridge Reconstruction Project. Whereas, the City of Iowa City desires to replace the Second Avenue bridge over the south branch of Ralston Creek; and Whereas, the project will include replacement of the bridge, reconstruction of bridge approaches, sidewalk, and trail connections, improvements to sewer impacted by bridge construction, a watermain connection under Ralston Creek, and streambank restoration efforts; and Whereas, the City of Iowa City desires the services of a consulting firm to provide preliminary design, final design and construction engineering for construction of the Second Avenue Bridge Reconstruction Project; and Whereas; the City has issued a Request for Proposals for consultant services for the Second Avenue Bridge Reconstruction Project; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with Shoemaker & Haaland Professional Engineers, to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Shoemaker & Haaland Professional Engineers; and Whereas, funds for this project are available in the Second Avenue Bridge Replacement account # S3949. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Passed and approved this 19th day of May 2020 Resolution No. 20-131 Page 2 Mayor Atr ed by Attest: W City Clerk City Attorney's Office — 05/14/2020 It was moved by Salih and seconded by Weiner the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Attachment D to I.M. 3.310 May 26, 2017 Contract No. [XXXXXj City Project No. 53949 Iowa DOT Project No. BROS-3715(664)--8J-52 Standard Consultant Contract For Local Public Agency Consultant Contracts with Federal -aid Participation This AGREEMENT, made as of the date of the last party's signature below, is by and BETWEEN the City of Iowa City, the City, located at: 410 E. Washington Street Iowa City, IA 52405 Phone: (319) 356-5140 and Shoemaker & Haaland,Professional Engineers, the Consultant, located at: 160 Holiday Road Coralville, IA Phone: (319) 351-7150 For the following Project: 2"d Avenue Bridge Replacement Project over the South Branch of Ralston Creek. The City has decided to proceed with the Project, subject to the concurrence and approval of the Iowa Department of Transportation (Iowa DOT), and the Federal Highway Administration (FHWA), U.S. Department of Transportation (when applicable). The City desires to employ the Consultant to provide survey, project management, design and construction phase engineering services to assist with the development and completion of the Project. The Consultant is willing to perform these services in accordance with the terms of this Agreement. Page 1 of 60 Attachment D to I.M. 3.310 May 26, 2017 TABLE OF CONTENTS Article Number And Description 1 Initial Information 1.1 Project Parameters 1.2 Financial Parameters 1.3 Project Team 1.4 Time Parameters 1.5 Minimum Qualification Standards 2 Entire Agreement, Required Guidance and Applicable Law 2.1 Entire Agreement of the Parties 2.2 Required Guidance 2.3 Applicable Law 3 Form of Compensation 3.1 Method of Reimbursement for the Consultant 3.2 Subconsultant's Responsibilities for Reimbursement 4 Terms and Conditions 4.1 Ownership of Engineering Documents 4.2 Subconsultant Contract Provisions and Flow Down 4.3 Consultant's Endorsement on Plans 4.4 Progress Meetings 4.5 Additional Documents 4.6 Revision of Work Product 4.7 Extra Work 4.8 Extension of Time 4.9 Responsibility for Claims and Liability 4.10 Current and Former Agency Employees (Conflicts of Interest) 4.11 Suspension of Workf under this Agreement 4.12 Termination of Agreement 4.13 Right to Set-off 4.14 Assignment or Transfer 4.15 Access to Records 4.16 Iowa DOT and FHWA Participation 4.17 Nondiscrimination Requirements 4.18 Compliance with Title 49, Code of Federal Regulations. Part 26 4.19 Severability Attachment A - Scope of Services Attachment B - Specifications Attachment C - Fees and Payments Attachment C-1 — Cost Analysis Worksheet Attachment D - Certification Regarding Debarment, Suspension, and Other Responsibility Matters Attachment E - Certification of Consultant Attachment F - Certification of City Attachment G - Consultant Fee Proposal Attachment H - Subconsultant Scope and Budget Attachment I — Iowa City Contract Compliance Attachment J — Iowa City Wage Theft Policy Page 2 of 60 Attachment D to I.M. 3.310 May 26, 2017 ARTICLE 1 INITIAL INFORMATION This Agreement is based on the following information and assumptions. 1.1 Project Parameters The objective or use is: The City desires to retain the services of the Consultant to assist with the design for the replacement of the 2nd Avenue Bridge over the South Branch of Ralston Creek in Iowa City, Iowa: • Replace the existing two-lane bridge with a new bridge designed to carry two lanes of traffic using acceptable roadway elements (10' lanes with 3' clearance on each side), with sidewalks on both sides, and meeting local and state guidelines for traffic and pedestrians. The limits of bridge construction will be approximately: o One hundred feet to the north beyond the bridge abutment o One hundred feet to the south beyond the bridge abutment o One hundred and fifty feet beyond the east ROW o One hundred feet beyond the west ROW • Aesthetics of the new bridge will be improved to enhance the neighborhood and views of the creek. • Sidewalk connections from the proposed bridge to the existing sidewalks and the Creekside Trail, and storm and sanitary sewer impacted by bridge construction within the bridge construction limits will be made as needed. • A hydraulic analysis of Ralston Creek within the bridge construction limits will be completed to aid in the design of streambank stabilization to be provided east and west of the bridge. • Additional sidewalk and trail improvements and water main dead ends on either side of the bridge will be connected under Ralston Creek by the City as non -participating items. • The design documents will follow Iowa DOT guidelines. 1.2 Financial Parameters 1.2.1 Amount of the City's budget for the Consultant's compensation is: $ 149,199.80 1.2.1.a. Amount of the City's budget for the Consultant's Preliminary Engineering Participating compensation is: $70,619.98 1.2.1.b. Amount of the City's budget for the Consultant's Preliminary Engineering Non - Participating compensation is: $13,235.66 1.2.1.c. Amount of the City's budget for the Consultant's Construction Engineering Participating compensation is: $37,949.61 1.2.1.d Amount of the City's budget for the Consultant's Construction Engineering Non - Participating compensation is: $ 6,766.66 1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is: $20,627.89 1.2.2.a. Amount of the Consultant's budget for the subconsultant's Participating compensation is: $20,627.89. 1.2.3 Separate internal job numbers will be utilized by the Consultant to separate federally participating from federally non -participating work and preliminary engineering from construction engineering work. Preliminary engineering and construction engineering each have a separate maximum amount payable. 1.3 Project Team 1.3.1 The City's Designated Representative, identified as the Contract Administrator is: Page 3 of 60 Attachment D to I.M. 3.310 May 26, 2017 The City of Iowa City's Public Works Director or designee. The Contract Administrator is the authorized representative, acting as liaison officer for the City for purpose of coordinating and administering the work under the Agreement. The work under this Agreement shall at all times be subject to the general supervision and direction of the Contract Administrator and shall be subject to the Contract Administrator's approval. 1.3.2 The Consultant's Designated Representative is: Robert Bang, P.E., Shoemaker & Haaland Professional Engineers 1.3.3 The subconsultants retained at the Consultant's expense are identified in the following table: Subconsultant Amount Authorized Maximum Amount Payable Method of Payment TerraconConsultants $5,092.13 $5,550.75 Cost Plus Fixed Fee (Environmental, Asbestos) TerraconConsultants $13,819.71 $15,077.14 Cost Plus Fixed Fee (Geotechnical) 1.4 Time Parameters 1.4.1 The Consultant shall begin work under this Agreement upon receipt of a written notice to proceed from the City. 1.4.2 Milestones for completion of the work under this Agreement as follows: 1. Preliminary design plans including type/size/location for all structures (preliminary design) and detail elements for a design public hearing and construction right-of-way needs shall be completed and accepted on or before June 17, 2020 or 45 calendar days after receiving the notice to proceed (whichever is greater). 2. Final design, contract plans and specifications and estimates shall be completed and in a form acceptable to the City on or before August 31, 2020 or 120 calendar days (whichever is greater). 3. Completion of all work under this agreement shall be on or before December 31, 2021 unless extended by written approval of the Contract Administrator or adjusted by supplemental agreement. 1.4.3 The Consultant shall not begin final design activities until after the City has been notified by the Iowa DOT that FHWA Environmental Concurrence has been obtained. Upon receipt of such notice, the City will provide the Consultant notice to proceed with final design activities. 1.5 Minimum Qualification Standards (MQS) 1.5.1 The Consultant and their subconsultants are required to meet the Minimum Qualifications Standards (MQS) requirements of specified work categories as defined in the Iowa DOT's Policy and Procedure Manual (PPM), Policy No. 300.04, at the time of contract execution, and for the duration of the contract. Work under this contract will require the consultant team to meet the requirements of Work Category 201 Project Management / General Engineering Consultant, 215 Culvert and Standard Bridge Design, 216 Non -Standard, Non -Steel Bridge Design, 221 Highway Roadway Construction, 222 Bridge Construction Coordination/Inspection, 311 Land Surveying, 312 Engineering Surveying, 319 Subsurface Utility Engineering, 321 Geological and Geophysical Studies, 323 Hydraulic and Hydrologic Studies, 324 Materials Testing, 352 Comprehensive Archaeological Services, 354 Comprehensive Wetland Services, 360 Asbestos Services, 362 Threatened and Endangered Species Services, 363 Comprehensive Historical and Architectural Services. Failure to meet the requirements during the contract will result in cancellation of any remaining portion of the contract. 1.5.2 All services within this agreement shall be performed by the Consultant or subconsultant who Page 4 of 60 Attachment D to I.M. 3.310 May 26, 2017 meets the MOS of the specified work categories as defined Iowa DOT PPM 300.04. If no work category exists for a particular service, normal methods of acceptance shall be used. such as experience, typical licensure, certification or registration, or seals of approval by others. ARTICLE 2 ENTIRE AGREEMENT, REQUIRED GUIDANCE, AND APPLICABLE LAW 2.1 Entire Agreement of the Parties. This Agreement, including its attachments, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Cityand Consultant. This Agreement comprises the documents listed as attachments in the Table of Contents. The work to be performed by the Consultant under this Agreement shall encompass and include all detail work, services, materials, equipment and supplies necessary to prepare and deliver the scope of services provided in Attachment A. 2.2 Required Guidance. All services shall be in conformity with the Specifications outlined in Attachment B, the Iowa Department of Transportation Federal -aid Project Development Guide, Instructional Memorandums to Local Public Agencies (I.M.$), and other standards, guides or policies referenced therein. In addition, applicable sections of the U.S. Department of Transportation Federal Aid Policy Guide (FAPG) shall be used as a guide in preparation of plans, specifications and estimates. 2.3 Applicable Law. The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Agreement, the exclusive jurisdiction for the proceeding shall be brought in the Johnson County District Court of Iowa, Iowa City, Iowa. This provision shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in State or Federal court, which may be available to the City. The Consultant shall comply with all Federal, State and local laws and ordinances applicable to the work performed under this Agreement. ARTICLE 3 FORM OF COMPENSATION 3.1 Method of Reimbursement for the Consultant. 3.1.1 Compensation for the Consultant shall be computed in accordance with one of the following compensation methods, as defined in Attachment C: .1 [ ] Cost Plus Fixed Fee - Attachment C .2 [ ] Lump Sum - Attachment C .3 [X] Specific Rate of Compensation - Attachment C .4 [ ] Unit Price - Attachment C .5 [ ] Fixed Overhead Rate - Attachment C 3.1.2 When applicable, compensation for the subconsultant(s) shall be computed in accordance with one of the payment methods listed in section 3.1.1. Refer to section 1.3.3 for identification of the method of payment utilized in the subconsultant(s) contract. The compensation method utilized for each subconsultant shall be defined within the subconsultant contract to the Consultant. 3.2 Subconsultant's Responsibilities for Reimbursement. The Consultant anticipates using the services of Terracon Consultants, Inc. The Consultant shall require the subconsultants to notify them if they at any time determine that their costs will exceed their estimated actual costs. The Consultant shall not allow the subconsultants to exceed their estimated actual costs without prior written approval of the Contract Administrator. The prime Consultant is cautioned that cost under -runs associated with any subconsultant's contract are not available for use by the prime Consultant or other subconsultant unless the Contract Administrator, Iowa DOT. and FHWA (when applicable) have given prior written approval. ARTICLE 4 TERMS AND CONDITIONS 4.1 Ownership of Engineering Documents Page 5 of 60 Attachment D to I.M. 3.310 May 26, 2017 4.1.1 All basic notes and sketches. charts, computations, tracings. plans, specifications. reports on special studies and other data prepared or obtained by the Consultant pursuant to this Agreement shall become the property of the Cityand shall be delivered to the Contract Administrator without cost upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitation on their future use by the City, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant far the specific purpose intended will be the City's sole risk and without liability or legal exposure to the Consultant. 4.1.2 The City acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the City upon completion of the services and payment in full of all moneys due to the Consultant. 4.1.3 The City and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment B. All electronic files will be submitted to the City by the Consultant on CD or other mutually agreed upon medium. Any change to these specifications by either the City or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. 4.1.4 The City is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda. change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. 4.1.5 The City may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 4.1.6. It is agreed by the Citythat all records and files in the City's custody pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant 4.2 Subconsultant Contract Provisions and Flow Down 4.2.1 All provisions of this Agreement between the City and Consultant shall also apply to all subconsultants hired by the Consultant to perform work pursuant to this Agreement. It is the Consultant's responsibility to ensure all contracts between Consultant and its subconsultants contain all provisions required of Consultant in this Agreement. The only recognized exception to this requirement is under provision 3.1.2 when the subconsultant has a different method of reimbursement than the Consultant. 4.2.2 The Consultant may not restrict communications between the Cityand any of the subconsultants. The Consultant will encourage open communication among the City, the Consultant and the subconsultants. 4.3 Consultant's Endorsement on Plans. 4.3.1 The Consultantand its subconsultants shall endorse and certify the completed project deliverables prepared under this Agreement, and shall affix thereto the seal of a professional engineer or architect (as applicable), licensed to practice in the State of Iowa, in accordance with the current Code of Iowa and Iowa Administrative Code. 4.3.2. 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. Page 6 of 60 Attachment D to I.M. 3.310 May 26, 2017 4.4 Progress Meetings. 4.4.1 From time to time as the work progresses, conferences will be held at mutually convenient locations at the request of the Contract Administratorto discuss details of the design and progress of the work. The Consultant shall prepare and present such information and studies as may be pertinent and necessary or as may be requested by the Contract Administrator, to enable the Contract Administratorto pass judgment on the features and progress of the work. 4.4.2 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. 4.5 Additional Documents. At the request of the Contract Administrator, the Consultant shall furnish sufficient documents, or other data, in such detail as may be required for the purpose of review. 4.6 Revision of Work Product 4.6.1 Drafts of work products shall be reviewed by the Consultant for quality control and then be submitted to the Contract Administrator by the Consultant for review and comment. The comments received from the Contract Administrator and the reviewing agencies shall be incorporated by the Consultant prior to submission of the final work product by the Consultant. Work products revised in accordance with review comments shall constitute "satisfactorily completed and accepted work." Requests for changes on work products by the Contract Administrator shall be in writing. In the event there are no comments from the Contract Administrator or reviewing agencies to be incorporated by the Consultant into the final work product, the Contract Administrator shall immediately notify the Consultant, in writing, that the work product shall constitute "satisfactorily completed and accepted work." 4.6.2 In the event that the work product prepared by the Consultant is found to be in error and revision or reworking of the work product is necessary, the Consultant agrees that it shall do such revisions without expense to the City, even though final payment may have been received. The Consultant must give immediate attention to these changes so there will be a minimum of delay to the project schedule. The above and foregoing is not to be construed as a limitation of the City's right to seek recovery of damages for negligence on the part of the Consultant herein. 4.6.3 Should the Contract Administrator find it desirable to have previously satisfactorily completed and accepted work product or parts thereof revised. the Consultant shall make such revisions if requested and directed by the Contract Administrator in writing. This work will be paid for as provided in Article 4.7. 4.7 Extra Work. If the Consultant is of the opinion that any work it has been directed to perform is beyond the scope of this Agreement, and constitutes "Extra Work," it shall promptly notify the Contract Administrator in writing to that effect. In the event that the Contract Administrator determines that such work does constitute "Extra Work', the Consultant shall promptly develop a scope and budget for the extra work and submit it to the Contract Administrator. The Citywill provide extra compensation to the Consultant upon the basis of hourly not to exceed, or at a negotiated lump sum. The Consultant shall not proceed with "Extra Work' without prior written approval from the City and concurrence from the Iowa DOT. Prior to receipt of a fully executed Supplemental Agreement and written Notice to Proceed, any cost incurred that exceeds individual task costs, or estimated actual cost, or the maximum amount payable is at the Consultant's risk. The Cityhas the right. at its discretion, to disallow those costs. However, the Cityshall have benefit of the service rendered. 4.8 Extension of Time. The time for completion of each phase of this Agreement shall not be extended because of any delay attributed to the Consultant, but may be extended by the Contract Administrator in the event of a delay attributed to the City or the Contract Administrator, or because of unavoidable delays beyond the reasonable control of the Consultant. Page 7 of 60 Attachment D to I.M. 3.310 May 26, 2017 4.9 Responsibility For Claims And Liability 4.9.1 The Consultant agrees to defend. indemnify, and hold the City, the State of Iowa, the Iowa DOT, their agents, employees. representatives, assigns and successors harmless for any and all liabilities, costs, demands, losses. claims. damages, expenses. or attorneys' fees, including any stipulated damages or penalties, which may be suffered by the City as the result of, arising out of, or related to. the negligence, negligent errors or omissions, gross negligence, willfully wrongful misconduct, or breach of any covenant or warranty in this Agreement of or by the Consultant or any of its employees, agents, directors, officers, subcontractors or subconsultants, in connection with this Agreement. 4.9.2 The Consultant shall obtain and keep in force insurance coverage for professional liability (errors and omissions) with a minimum limit of $1,000,000 per claim and in the aggregate, and all such other insurance required by law. Proof of Consultant's insurance for professional liability coverage and all such other insurance required by law will be provided to the Cityat the time the contract is executed and upon each insurance coverage renewal. 4.10 Current and Former Agency Employees (Conflicts of Interest) The Consultant shall not engage the services of any current employee of the Cityor the Iowa DOT unless it obtains the approval of the Cityor the Iowa DOT, as applicable, and it does not create a conflict of interest under the provisions of Iowa Code section 6813.2A. The Consultant shall not engage the services of a former employee of the Cityor the Iowa DOT, as applicable, unless it conforms to the two- year ban outlined in Iowa Code section 6813.7. Similarly, the Consultant shall not engage the services of current or former FHWA employee without prior written consent of the FHWA, and the relationship meets the same requirements for State and local agency employees set forth in the above -referenced Iowa Code sections and the applicable Federal laws, regulations, and policies. 4.11 Suspension of Work under this Agreement 4.11.1 The right is reserved by the City to suspend the work being performed pursuant to this Agreement at any time. The Contract Administrator may effect such suspension by giving the Consultant written notice, and it will be effective as of the date established in the suspension notice. Payment for the Consultant's services will be made by the Cityto the date of such suspension, in accordance with the applicable provisions in Article 4.12.2 or Article 4.12.3 below. 4.11.2 Should the City wish to reinstate the work after notice of suspension, such reinstatement may be accomplished by thirty (30) days' written notice within a period of one year after such suspension, unless this period is extended by written consent of the Consultant. 4.11.3 In the event the Citysuspends the work being performed pursuant to this Agreement the Consultantwith approval from the Contract Administrator, has the option, after 180 days to terminate the contract. 4.12 Termination of Agreement 4.12.1 The right is reserved by the City to terminate this Agreement at any time and for any reason upon not less than seven (7) days written notice to the Consultant. 4.12.2 In the event the Agreement is terminated by the City without fault on the part of the Consultant, the Consultant shall be paid for the reasonable and necessary work performed or services rendered and delivered up to the effective date or time of termination. The value of the work performed. and services rendered and delivered, and the amount to be paid shall be mutually satisfactory to the Contract Administrator and to the Consultant. The Consultant shall be paid a portion of the specified fee, plus actual costs. as identified in Attachment C. Actual costs to be reimbursed shall be determined by audit of such costs to the date established by the Contract Administrator in the termination notice, except that actual costs to be reimbursed shall not exceed the Maximum Amount Payable. Page 8 of 60 Attachment D to I.M. 3.310 May 26, 2017 4.12.3 In the event the Agreement is terminated by the City for fault on the part of the Consultant, the Consultant shall be paid only for work satisfactorily performed and delivered to the Contract Administrator up to the date established by the termination notice. After audit of the Consultant's actual costs to the date established by the Contract Administrator in the termination notice and after determination by the Contract Administrator of the amount of work satisfactorily performed. the Contract Administrators hall determine the amount to be paid to the Consultant. 4.12.4 This Agreement will be considered completed when the scope of the project has progressed sufficiently to make it clear that construction of the project can be completed without further revisions in that work. or if the Consultant is released prior to such time by written notice from the Contract Administrator. The Consultant shall be available to provide additional information at the time of materials auditing by the Iowa DOT in accord with requirements of Department policies. 4.13 Right to Set-off. In the event that the Consultant owes the City any sum under the terms of this Contract. the City may set off the sum owed to the City against any sum owed by the City to the Consultant under any other contract or matter in the City's sole discretion, unless otherwise required by law. The Consultant agrees that this provision constitutes proper and timely notice of the City's intent to utilize any right of set-off. 4.14 Assignment or Transfer. The Consultant is prohibited from assigning or transferring all or a part of its interest in this Agreement. unless written consent is obtained from the Contract Administrator and concurrence is received from the Iowa DOT and FHWA, if applicable. 4.15 Access to Records. The Consultant is to maintain all books, documents, papers, accounting records and other evidence pertaining to this Agreement and to make such materials available at their respective offices at all reasonable times during the agreement period, and for three years from the date of final closure of the Federal -aid project with FHWA, for inspection and audit by the City, the Iowa DOT, the FHWA, or any authorized representatives of the Federal Government; and copies thereof shall be furnished, if requested. 4.16 Iowa DOT and FHWA Participation. The work under this Agreement is contingent upon and subject to the approval of the Iowa DOT and FHWA, when applicable. The Iowa DOT and FHWA shall have the right to participate in the conferences between the Consultant and the City, and to participate in the review or examination of the work in progress as well as any final deliverable. 4.17 Nondiscrimination Requirements. 4.17.1 During the performance of this Agreement, the Consultant agrees to comply with the regulations of the U.S. Department of Transportation, contained in Title 49, Code of Federal Regulations. Part 21, and the Code of Iowa, Chapter 216. The Consultant will not discriminate against any individual in terms, conditions or privileges of employment on the grounds of age, race, creed. color, sex, sexual orientation, gender identity, national origin, religion, marital status or disability in its employment practices, in the selection and retention of subconsultants, and in its procurement of materials and leases of equipment. 4.17.2 In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or equipment. each potential subconsultant or supplier shall be notified by the Consultant of the Consultant's obligation under this contract and the regulations relative to nondiscrimination on the grounds of age. race, creed, color. sex, sexual orientation, gender identity, national origin, religion. marital status or disability. 4.17.3 In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it, the Iowa DOT, or the FHWA may determine to be appropriate, including, but not limited to withholding of payments to the Consultant under the Agreement until the Consultant complies, or the Agreement is otherwise suspended or terminated. 4.17.4 The Consultant shall comply with the following provisions of Appendix A of the U.S. DOT Page 9 of 60 Attachment D to I.M. 3.310 May 26, 2017 Standard Assurances: During the performance of this contract, the Consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "Consultant') shall not commit any of the following employment practices and agrees to prohibit the practices as follows: 1. Compliance with Regulations: The Consultant shall comply with the Regulations relative to non- discrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations. Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations). which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during the contract, shall not discharge, refuse to hire, or discriminate against any individual in terms. conditions or privileges of employment on the grounds of race. color. religion, national origin, sex, age, marital status, gender identity, sexual orientation or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the Consultant of the Consultants obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, religion, national origin, sex, age, marital status, gender identity, sexual orientation or disability. 4. Information and Reports: The Consultant shall provide all information and reports required by the Regulations or directives issued pursuant there to, and shall permit access to its books, records, accounts, other sources of information. and its facilities as may be determined by the City, the Iowa Department of Transportation or Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information the Consultant shall so certify to the City, the Iowa Department of Transportation or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Consultants noncompliance with the nondiscrimination provisions of this contract, the Cityshall impose such contract sanctions as it, the Iowa Department of Transportation or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Consultant under the contract until the Consultant complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The Consultant shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment. unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the City, the Iowa Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance: provided, however, that, in the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Cityor the Iowa Department of Transportation to enter into such litigation to protect the interests of the City or the Iowa Department of Transportation; and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. Page 10 of 60 Attachment D to 1. M. 3.310 May 26, 2017 4.18 Compliance with Title 49, Code of Federal Regulations, Part 26 4.18.1 The Consultant agrees to ensure that disadvantaged business enterprises (DBEs) as defined in 49 GFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed In whole or in part with Federal funds provided under this Agreement. In this regard the Consultant and all of its subconsultants shall take all necessary and reasonable steps in compliance with the Iowa DOT DBE Program to ensure disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. 4.18.2 The Consuitantshall pay its subconsultants for satisfactory performance of their work no later than 30 days from receipt of each payment it receives from the Cityfor such work. If the Cityholds retainage from the Consultant, the Consultant may also withhold retainage from its subconsultant(s). If retainage is withheld from a subconsultant, full payment of such retainage shall be made within 30 days after the subconsultant's work is satisfactorily completed. 4.18.3 Upon notification to the Consultant of its failure to carry out the requirements of this Article, the City, the Iowa DOT, or the FHWA may impose sanctions which may include termination of the Agreement or other measures that may affect the ability of the Consultant to obtain future U.S. DOT financial assistance. The Consultant and any of its subconsultants is hereby advised that failure to fully comply with the requirements of this Article shall constitute a breach of contract and may result in termination of this Agreement by the City or such remedy as the City, Iowa DOT or the FHWA deems appropriate, which may include, but is not limited to: 1. withholding monthly progress payments; 2. assessing sanctions; 3. liquidated damages; and / or 4.19 Severability. If any section, provision or pan of this Agreement shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials thereunto duly authorized as of the dates below. SHOEMAK,E�Ra& HAALAl{ND PROFESSIONAL ENGINEERS By 11 Date: 05/20/2020 Robert A. Bang, P.E. Vice President Date: ' . L -ie Date: �/Z B0 Page 11 of 60 Attachment D to I.M. 3.310 May 26, 2017 Geoff Fruin City Manager R VED BY:' �( Date: �J���'- Eric Goers Iowa City Attorney's Office IOWA DEPARTMENT OF TRANSPORTATION Accepted for FHWA Authorization* By ilalt I CkU-Z' Date: 6/11/2020 Kent Ellis, P.E. Local Systems Engineer Iowa DOT District 6 Office The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds. Page 12 of 60 Attachment D to I.M. 3.310 May 26, 2017 ATTACHMENT A Scope of Services The Scope of Services, as developed and agreed upon jointly by the City and the Consultant includes: Proiect Administration and Coordination (PAC PAC 1 Iowa DOT Coordination: The Consultant will coordinate with the Iowa Department of Transportation (DOT) to determine what project elements are eligible for City Bridge Funds, and the elements required to be paid by local funds. The project will require two divisions, Federal Highway Administration (FHWA) eligible (80 federal and 2001. local) and non FHWA eligible (1000/. locally funded). Non -eligible funds will be coded as non- participating. The Consultantwill coordinate plan and other submittals through the Iowa DOT Transportation Program Management System (TPMS) and incorporate comments and concerns from the DOT into the successive plan sets. PAC 2 Project Management: The Consultantwill designate a project manager to be responsible for maintaining coordination with the City. to also be responsible for monthly progress reports, meeting minutes. coordination activities, and project invoicing. This task also includes internal coordination and review. The project manager will review total project invoicing and provide a notification to the City's representative when the project budget has progressed to 850/.. PAC 3 Iowa DOT Updates: The Consultant will monitor and review updates to the Iowa DOT's Instructional Memorandums (I.M.$), Road Design Manual, Standard Road Plans, Road Design Details. Updates requiring no additional effort on the part of the Consultant will be incorporated into the work by the Consultant. If the Consultant is of the opinion additional effort will be required, the Consultantwill so notify the Contract Administrator, in accordance with Paragraph 4.7. The Contract Administrator will provide written approval or disapproval for the Consultant to incorporate said update into the work and indicate how payment for such work will be addressed. PAC 4 Meetings and Stakeholder Input: The Consultant will coordinate and conduct at a minimum the following meetings: - Kickoff Meeting To be held prior to work commencing. This meeting will develop a project plan and parameters as well as identify items of specific concern by both the City and Consultant. The Consultant will identify information required to be provided by the City including but not limited to, as built plans, utility information, and right-of-way (ROW) information. - Public Information Meeting To be held after Preliminary Plans are submitted. This meeting will serve as an overview of the Scope of the project for the public. The public will be able to voice concerns, priorities or give additional project feedback as well. - Utility Coordination Meeting To be held after Preliminary Plans are submitted. Utility companies will be contacted prior to this meeting to obtain a background on the project area and claim any utilities in the area. Preliminary data gathering indicates all utilities are owned by the City of Iowa City. This meeting will allow utility companies to identify any potential conflicts as well as develop an action plan moving forward in design. - Individual Stakeholder Meeting (4) To be held after Preliminary Plans are submitted. It is anticipated each homeowner on the four adjacent bridge corners and any property City impacted by the sidewalk improvements will be met with to review the Scope of work and specific concerns or priorities they may possess. Page 13 of 60 Attachment D to I.M. 3.310 May 26, 2017 - Design Review Meeting (3) To be held before each Iowa DOT submittal deadline for Preliminary, Check, Final Plans. These meetings will serve as a basis for specific plan related comments to incorporate prior to DOT submittal. - Bi -weekly Review Meetings (17) Progress meetings to be held bi-weekly via teleconference with one face-to-face meeting to be held each month to maintain communication with the Cityfor progress and design input. For each meeting the Consultant will create an agenda and any required exhibits to facilitate meeting discussions. Upon completion of the meeting, the Consultantwill generate meeting minutes to document decisions and action items agreed upon. The monthly review meetings will be conducted either in person or via teleconference. All other meetings will be in person at to be determined locations. It is anticipated each meeting will be attended by a minimum of two Consultantteam members. Data Gatherina (DG DG 1 Property Survey: The Consultantwill conduct research to determine ROW lines and property ownership. Lines shall be determined east -west along the South Branch Ralston Creek as well as North-South along 2"d Avenue. Existing property markers will be located in the area to establish property lines. The Cityshall provide Title Reports for the four properties at adjacent corners to the bridge. The Consultant shall offer to photograph the adjacent properties to the bridge prior to pile driving to inventory possible structural damage caused by construction activities, including pile driving. DG 2 Topographic Survey: The Consultant will conduct a design level field survey for the use in project design and final documents. Survey extents along the South Branch of Ralston Creek will include stream cross sections every 50 feet along a 250 -foot length upstream of the existing bridge and 200 feet downstream of the existing bridge. Survey extents along 2nd Avenue will include a detailed topographic survey 200 feet north and 200 feet south of the existing bridge as well as along 2"1 Avenue south of F Street within the east and west ROW. Topographic survey is to include preparation of a base drawing for design use. This will include the existing roadway. shoulders. the bridge structure, top of bank, toe of bank, fences. driveways, existing private and public, overhead and underground utilities, trees and hedges, and any other pertinent man-made improvements that may be impacted by construction. DG 3 Hydraulic Information and Survey: The Consultantwill utilize IM 3.5000 as well as the Iowa DOT Bridge Design Manual to obtain hydraulic information for the South Branch of the Ralston Creek. This includes but is not limited to Flood Information Studies, Flood Maps, Stream Stats, and Discharge information. The Consultant will additionally perform a bathymetric survey of the existing channel. The extents of the survey will be 250 feet east and 200 west from the bridge with cross sections every 50 feet. If great variation is noticed in 50 -foot cross sections, the survey team will increase the frequency to every 25 feet. DG 4 Environmental Survey: The Consultantwill work with Terracon Consultants to perform a Wetland and Waters of the United States (WOUS) delineation and habitat assessment in accordance with the Iowa DOT Instructional Memorandum (IM) Chapter 4 to aid in the permitting process from both the Iowa Department of Natural Resources (IDNR) and the United States Army Corps of Engineers (USACE). DG 5 Hazardous Material Survey: The Consultantwill utilize Terracon Consultants to perform an asbestos survey of the existing structure. The team will work within IM 4.160 to complete the assessment. DG 6 Utility Survey: The Consultant will utilize existing information as well as requesting a utility locate through Iowa One Call and collect survey location data for the utilities marked by the utility locators. The Consultant will also request utility mapping from the utility companies whose contact information is provided through Iowa One Call's Design Information Request. Invert data will be collected. and pipe sizes estimated at visible storm and sanitary sewer structures. Iowa One Call does not mark public utilities. The Consultantwill work with the Cityto identify any known public utilities and coordinate location within the project extents. All identified utilities will be located, as able, in the field during the topographic study and incorporated into the project base map. Page 14 of 60 Attachment D to I.M. 3.310 May 26, 2017 DG 7 Record Information: The Consultantwill request all available information from the City on the existing bridge. This includes record drawings, inspections reports. and Structural Inventory and Appraisal (SIA) documents. DG 8 Geotechnical: The Consultantwill work with Terracon consultants to gather soil information for the new structure. This includes up to four (4) borings, with two (2) being cored into rock. The Geotechnical investigation will adhere to guidelines set by Chapter 200 of the Iowa DOT Design Manual. DG 9 Cultural Resource Regulations: The Consultantwill aid the City in preparing exhibits, as required, to work with the Office of Location and Environment and Office of State Archaeologist to perform Early Consultation on the project. It is believed the project will meet the statewide agreement for exclusions and a clearance memo will be issued. Preliminary Desian (PD PD 1 Preparation of Base Information: The Consultantwill utilize information from the Data Gathering phase to prepare base mapping to initiate preliminary design on the project. The base information will be generated in a format as acceptable by the Iowa DOT. PD 2 Hydrologic and Hydraulic Analysis: The Consultant will perform hydrologic and hydraulic analysis on the existing structure as well as a proposed structure using the information provided by FEMA and the Iowa DOT Bridge Design Manual (BDM). A method consistent with the BDM Section 3.2.2.2 will be used to complete this task. Careful coordination will be initiated with the IDNR to ensure compliance and permitting keep the project on track. PD 3 Structure Determination: The Consultantwill analyze three (3) structure types to replace the existing 2nd Avenue Bridge. The structures will be analyzed hand in hand with the Hydraulic Analysis as well as cost and constructability. The design team will have type, size, and location of the structure completed with this task. It is anticipated that the structure will be similar to the existing Iowa City bridges over Ralston Creek on Brookside Drive and Meadow Street. PD 4 Utility Conflict Identification: The Consultantwill utilize the utility information gathered with the proposed layout of the new construction or disturbed limits. The Iowa DOT utility accommodation and coordination process will be utilized to complete this task. Utilities known to be in the area include sanitary sewer, storm sewer. water main, fiber and overhead electric. Others may include private gas, electric and communications. The project team will aim to produce a preliminary design with minimal utility impacts. PD 5 Sidewalk Alignment: The Consultant will produce a preliminary sidewalk design and alignment from the Court Hill Trail to the existing sidewalk just South of F Street based on the Iowa Statewide Urban Design and Specifications (SUDAS) as adopted by the City. The sidewalk alignment will be altered to minimize impact to existing trees or features. These impacts will determine placement of the sidewalk on the west side or the east side of 2"d Avenue. The new bridge will have sidewalk on both sides, but no new mid -block crossing will be completed. Work is to be non -participating. PD 6 Water Main Alignment: The Consultantwill produce a preliminary water main alignment and construction method. Close work with Citywater department will be required in order to determine hydrant requirements. Work is to follow SUDAS specifications and be non -participating. PD 7 Acquisition and Easement Identification: The Consultantwill identify ROW and permanent or temporary easement requirements. The requirements will take into consideration utilities, construction staging and access. as well as other elements which could impact property owners. PD 8 Permitting: The Consultant will identify all required permits based on the preliminary scope and type of work. These include IDNR as well as USAGE permitting. A Joint Permit is anticipated to identify permitting needs which could include Floodplain Development Permits, Flood Insurance Study Requirements, and Section 404 Page 15 of 60 Attachment D to I.M. 3.310 May 26, 2017 Permits. Any asbestos found within the existing bridge structure will be removed in accordance with I.M. 4.160. PD 9 Preliminary Design Plan Preparation: The Consultant will prepare Preliminary Plans in accordance with IM 3.400 and 3.500. The plan set will be considered approximately 600% complete with the Preliminary Plan submittal. Below are the anticipated sheets to be numbered per Iowa DOT Design Manual Section 1 F-1: Title and General Information Sheets (A) Task includes preparing a typical Iowa DOT title sheet as well as general information. The title sheet will be in accordance with IM 3.400. Preliminary Typical Cross Sections (B) Task includes preparing the typical roadway cross section at the bridge and approach roadways. "Acceptable" SUDAS roadway standards shall be used on this project. Quantities and General Information (C) Task includes preparing general notes, quantities, and reference information, and any necessary tabulations. Sheets are note expected to be fully developed for Preliminary Plans. Preliminary Plan Sheets (D) Task includes preparing the mainline plan and profile sheets. Preliminary Survey Sheets (G) Task includes preliminary survey reference information. Preliminary Rioht of Way Sheets (H) Task includes parcel and City information in expected project extents. Includes ROW information. Preliminary Traffic Control and Staeino (J) Task includes developing and demonstrating a traffic control plan for the bridge replacement. With access from both sides, this is anticipated to be a full closure and detour set of plans for pedestrian traffic. Preliminary Sewer (M Sheets) Task includes preliminary sewer sheets. Preliminary Water Main Sheets (MWM) Task includes preliminary layout and design for a new water main connection across the South Branch of Ralston Creek including connection points into two existing dead in lines. Utility coordination will be required. This item is Non Participating Scope. Soil Sheets (Q) Task includes preparing sheets to show soil boring information and legend. Preliminary Sidewalk Sheets (S) Task includes preparation of sidewalk plan sheets. tabulations, and legend. Sidewalk is to follow the American with Disabilities Act (ADA) standards. This item is partially non participating Scope. Preliminary Structural Sheets (V) Task includes depicting the Type, Size, and Location for the proposed replacement structure. At a minimum, this will include a typical structure situation plan. Preliminary Cross Sections (W) This task includes the preparation of sheets to cross sections through the project. These will illustrate typical conditions, drainage, and quantity estimating. PD 10 Preliminary Individual Parcel Exhibits: The Consultantwill prepare individual property exhibits for each parcel to be impacted by potential ROW or easement needs. It is anticipated that this project will require temporary construction easements at a minimum. The exhibits will be labeled with parcel information and Page 16 of 60 Attachment D to I.M. 3.310 May 26, 2017 reference acquisition or easement sizes. It is assumed eight (8) exhibits will be created PD 11 Construction Cost Opinion: The Consultantwill generate a Preliminary Cost Opinion from the Preliminary Plan set. If budgetary concerns arise, the Consultant will carefully examine the project Scope for means, methods, or recommendations to set the project back on budget. PD 12 Quality Control and Review: The Consultant will conduct a field review with the design team with preliminary plans in hand. The review will include a review of items such as access, utilities, drainage, conditions, and new developments. The project will additionally receive quality review and control from the senior design staff (ongoing). This review will ensure compliance to specifications, criteria, technical aspects, and constructability. Consultant shall send plans to City four weeks prior to Iowa DOT submittal deadline. This shall give City time for review and provide an additional element of Quality Control. PD 13 Iowa DOT Submittal: The Consultantwill submit the preliminary plan set using TPMS after meeting with the City to incorporate comments, questions, and concerns. This submittal will be in accordance with IM 3.400 and include a memo, checklist, preliminary plans, and hydraulic information as required by the DOT. Final Desian (FD FD 1 Incorporate Comments from Preliminary Plans: The Consultantwill gather comments from the Iowa DOT and other reviewing agencies and incorporate them into the plans and specifications developed. FD 2 Structural Design: Depending on the bridge type determined in PD3, the Consultant will begin structural design. If a single span slab bridge is selected, detailed calculations will be completed and documented. It is anticipated a cursory review will be required for a simple span slab bridge. FD 3 Prepare Acquisition Plats: The Consultantwill prepare acquisition plats and legal descriptions for property to be acquired for the project. Plats and legal descriptions shall be in compliance with the Iowa Code and shall be prepared by or under the direct supervision of a licensed land surveyor. It is anticipated that (4) four temporary construction easements will be required for the project. Survey plats will be furnished and signed by a Licensed Land Surveyor for the City to complete the property appraisal and acquisition process including negotiations. FD 4 ROW/Easement Staking: The Consultantwill stake the easement and ROW locations for ROW negotiations. The staking survey includes the marking of key easement location points in order to understand the locations in the field. Staking shall not take place more than one time. FD 5 Check Plan Preparation: The Consultantwill prepare Check Plans in accordance with IM 3.500 and 3.700. The plan set will be considered approximately 900/. complete with the Check Plan submittal. Below are the anticipated sheets to be numbered per Iowa DOT Design Manual Section 1 F-1. The Consultantwill provide existing and proposed contours at this point to the Cityfor use in review in locations where property line limits may be an issue. Title and General Information Sheets (A) Task includes preparing a typical Iowa DOT title sheet as well as general information. The title sheet will be in accordance with IM 3.400. Included on the title sheet will be permitting information. Final Typical Cross Sections (B) Task includes finalizing the typical roadway cross section at the bridge and approach roadways. Final Quantities and General Information (C) Task includes finalizing general notes, quantities, and reference information, and any necessary tabulations. Sheets are note expected to be fully developed for Preliminary Plans. Final Plan Sheets (D) Task includes finalizing the mainline plan and profile sheets. Page 17 of 60 Attachment D to I.M. 3.310 May 26, 2017 Final Survey Sheets (G) Task includes finalizing survey reference information. Including control points, reference ties. and benchmark data used for the project. This task also includes preserving any Government Corners that are found in the vicinity of the proposed construction. Additionally, any permanently disturbed benchmarks will be noted. It is believed one exists on the 2nd Avenue Bridge. Final Riaht of Way Sheets (H) Task includes parcel and City information in expected project extents. Includes ROW information. Task includes final ROW and easement information required to construct the project. Final Traffic Control and Staoina (J) Task includes finalizing a traffic control plan for the bridge replacement in accordance with the Iowa DOT and the Manual on Uniform Traffic Control Devices. With access from both sides, this is anticipated to be a full closure and detour set of plans for both vehicular traffic and pedestrian traffic. Final Sewer Sheets (M Sheets) Task includes final sewer sheets. Final Water Main Sheets (MWM) Task includes finalizing layout and design for a new water main connection across the South Branch of Ralston Creek including connection points into two existing dead in lines. Utility coordination will be required. This item is Non -Participating Scope. Soil Sheets (Q) Task includes finalizing sheets to show soil boring information and legend. Final Sidewalk Sheets (S) Task includes preparation of sidewalk plan sheets, tabulations, and legend. Sidewalk is to follow the American with Disabilities Act (ADA) standards. Curb ramp layout and accessible curb ramp design will be in accordance of SUDAS Chapter 12. This item is partially non -participating Scope. Final Structural Sheets (V) Task includes finalizing the Type, Size. and Location for the proposed replacement structure as well as all structural details in order to construct the replacement bridge. Preliminary Cross Sections (W) This task includes finalizing cross sections through the project. These will illustrate typical conditions, drainage, and quantity estimating. Cross sections will show necessary information to construct the project including slope information. material, sub grade treatments, pavement, utilities. and other required information. FD 6 Develop Special Provisions: The Consultantwill develop special provisions as required utilizing Iowa DOT 2599 bid items. The Consultant will attempt to utilize as few special provisions as possible. Where applicable. the Consultant shall use the City's supplemental specifications. FD 7 Quality Control and Review: The Consultant will conduct a field review with the design team with preliminary plans in hand. The review will include a final review of items such as access. utilities. drainage, conditions, and new developments. The project will additionally receive quality review and control from the senior design staff (ongoing). This review will ensure compliance to specifications, criteria, technical aspects, and constructability. The Consultantwill utilize an unfamiliar senior staff member to review plans and special provisions to ensure the plans are understandable and constructible. Consultant shall send plans to Cityfour weeks prior to Iowa DOT submittal deadline. This shall give the Citytime for review and provide an additional element of Quality Control. FD 8 Iowa DOT Submittal: The Consultant will submit Check Plans, checklist, memo, and permitting documentation to the Iowa DOT after a design review meeting with the City. This submittal will be in accordance with IM 3.700. If requested, structural calculations will be submitted as well. Page 18 of 60 Attachment D to I.M. 3.310 May 26, 2017 FD 9 Incorporate Comments from Check Plans: The Consultant will gather comments from the Iowa DOT and other reviewing agencies and incorporate them into the plans and specifications developed. Comment incorporation into the plan set will result in a set of Final Plans (100%). FD 10 Bid Item Access: The Consultant will create a Bid Item Access file, coordinate bid time, and any scheduling of critical path items. FD 11 Construction Cost Opinion: The Consultant will submit a Final Opinion of Construction Cost to the City for review. FD 12 Iowa DOT Submittal: The Consultant will submit Final Plans to the DOT, after a final design review meeting with the City. This submittal will be in accordance with IM 3.700. Bid and Lettina (BL) The project will be let through the Iowa DOT. The work tasks performed or coordinated by the Consultant will include the following: BL 1 Printing of Plans and Specifications: To be completed by the Iowa DOT. BL 2 Notice of Project: To be completed by the Iowa DOT. BL 3 Plan Clarification and Addenda: The Consultant will be available to answer questions from the Iowa DOT during the bid period as well as letting. Addenda will be issued as required to interpret, clarify, or alter the plans. BL 4 Letting: To be completed by the Iowa DOT. BL 5 Bid Tabs: To be completed by the Iowa DOT. BL 6 Award Recommendation: To be completed by the Iowa DOT. Construction Enaineerina and Services (CE1 The City has requested the Consultant provide full Construction Inspection Services. All services will follow the guidelines set forth by IM 6.000. Tasks are generally outlined below to be completed during the construction phase of the project. CE 1: Preconstruction Meeting: The Consultant will coordinate a Preconstruction Meeting as outlined in Attachment D of IM 6.000. CE 2: Working and Shop Drawing Review: The Consultant will provide primary review of all working and shop drawings submitted by the Contractor. Submittal and Review will be in accordance with Section 2.15 in Attachment D of IM 6.000. CE 3: Daily Construction Observation: The Consultant shall utilize Appia (or other requested tracking method) as well as Doc Express as outlined in Iowa DOT I.M. 6.0 for record keeping. The Consultant will perform these general daily duties for the duration of construction: • Daily Site Visits • Maintain Construction Diary • Observe and Record Daily the following U Work being done U Work crew U Weather conditions U Progress made Page 19 of 60 Attachment D to I.M. 3.310 May 26, 2017 o Signage and barricades o Erosion control o Cleanup o Questions and concerns o Utility accommodations Coordinate Material Testing CE 4: Weekly Construction Observation: The Consultant will perform these general weekly duties for the duration of construction: • Bi Weekly Progress Meetings: Schedule, Conduct. Prepare Minutes • Prepare Weekly Progress Reports CE 5: Periodic Construction Observation and Testing: The Consultantwill perform these general duties periodically for the duration of construction: • Concrete Pours U Sample and test slump and air content U Iowa DOT sampling forms U Coordinate laboratory testing U Check forms, reinforcing, and pour details U File delivery tickets o Monitor specification compliance • Pile Driving o Observe all pile driving o Prepare pile driving lag o Measure piles o Calculate final quantity for payment • Pipe Laying/Buried Utility Construction o Review and approve piping materials o Observe trenching and pipe bedding o Observe backfilling o Review forming, reinforcing. and pouring of structures o Observe quality assurance testing • Erosion Control Systems o Periodic repair and clean up monitoring o Monitor compliance with erosion control plan and verify proper stabilization CE 6: Periodic Labor Compliance (EEO Compliance): The Consultantwill monitor labor and wages according to Sections 2.22 through 2.24 in Attachment D of IM 6.000. CE 7: Review Periodic Payment Requests: The Consultantwill review submittals for partial payment requests and check quantities. CE 8: Final Inspection and Completion Certificates: The Consultantwill conduct a final inspection and create a punch list and perform the following duties: • Prepare final acceptance form • Prepare contractor evaluation form • Prepare and participate in Iowa DOT Audit procedure CE 9: Process Extra Work Orders: The Consultantwill follow section 2.36 in Attachment D of IM 6.000. CE 10: Permanent Monumentation of Right -of -Way (as needed) Deliverables The Consultant expects the following deliverables to be completed as outlined in the Scope above: • Preliminary Design Plans Page 20 of 60 Attachment D to I.M. 3.310 May 26, 2017 • Preliminary Design Memo and Checklist • Preliminary Cost Opinion • Joint Permit Application • Geotechnical Report • Hydraulic Model or Calculations • ROW and Easement Exhibits • Check Plans • Check Plans Memo and Checklist • Check Plans Cost Opinion • Special Provisions • Final Plans • Final Plans Memo and Checklist • Final Cost Opinion • Construction record drawing plan sets All deliverables are expected to be electronic submittals. 1 signed hard copy of the final plans will be submitted. Other hard copies are available as requested by the City. Exclusions The following services are not included in the design Scope. If requested by the City, a Supplemental Agreement will be created to provide any of the following services: • Archaeological Investigation (To be provided by The Office of the State Archaeologist) • Roadway Lighting Design — Current design is to be maintained • Bridge Lighting Design • Design for Staged Construction • Bid Alternates • Multiple design options • Construction Period Testing Services It is understood by the Cityand the Consultant that the level and frequency of Progress Reporting shall be mutually established for each project. taking into account the complexity and duration of the work to be performed. For this specific project it is agreed that progress reporting will be provided on a monthly basis. It is understood by the Cityand the Consultantthat the task detail associated with the 85% budget notification shall be mutually established for each project in relation to the complexity and duration of the work to be performed. For this specific project it is agreed that all work contemplated in the agreement will be considered as three (bridge, water main. sidewalk) task(s). It is further agreed that the 85% budget notification requirements will be required for this Agreement based on the volume of work assigned. duration. complexity, and rate of progress anticipated on the project. The Consultant will monitor and review updates to the Iowa DOT's Instructional Memorandums (I.M.$). Road Design Manual, Standard Road Plans. Road Design Details. Updates requiring no additional effort on the part of the Consultant will be incorporated into the work by the Consultant. If the Consultant is of the opinion additional effort will be required, the Consultant will so notify the Contract Administrator, in accordance with Paragraph 4.7. The Contract Administrator will provide written approval or disapproval for the Consultant to incorporate said update into the work and indicate how payment for such work will be addressed. Page 21 of 60 Attachment D to I.M. 3.310 May 26, 2017 ATTACHMENT B Specifications All services herein required and provided shall be in conformity with the applicable Iowa DOT Standards. Design Guides and Specifications and Title 23, Code of Federal Regulations, Part 625. The City of Iowa City adopted specifications, the Iowa Statewide Urban Design and Specifications (SUDAS), will be incorporated into the design, including the Iowa City Supplemental Specifications. Unique details and specifications will be provided in the Contract Documents and no SUDAS Specifications or Details will be noted by reference only. Page 22 of 60 ATTACHMENT C (referenced from 3.1) Specific Rate of Compensation 3.1.1 FEES AND PAYMENTS Attachment D to I.M. 3.310 May 26, 2017 3.1.1.1 Fees. For full and complete compensation for all work, materials, and services furnished under the terms of this Agreement, the Consultant shall be paid fees not to exceed the maximum amount payable under this Agreement of $149.199.80. The fee proposal is itemized in Attachment H. The maximum amount payable will not be changed unless there is a substantial change in the magnitude, scope, character, or complexity of the services from those covered in this Agreement. Any change in the maximum amount payable will be by Supplemental Agreement. A contingency amount of $ 0 has been established for this Agreement and is included in the maximum amount payable. Written request by the Consultant indicating the need and written approval by the Contract Administrator and concurrence from the Iowa DOT are needed prior to usage of the contingency amount. The current schedule of billing rates (direct labor rate, overhead, and fixed fee) are set forth in Attachment C-1 The Consultant may submit for approval a revised rate schedule once during the contract period. This revision may include a revised overhead rate and revised direct labor rates. The revised rate schedule should be submitted to the Contract Administrator for approval and by the Contract Administrator's written approval it shall become a part of this Agreement. 3.1.1.2 Reimbursable Costs. The Consultant shall be reimbursed for direct non -salary costs which are directly attributable and properly allocable to the work. The Consultant will be required to submit a detailed listing of direct non -salary costs incurred and certify that such costs are not included in the overhead expense pool. These costs may include travel and subsistence, reproductions, computer charges, and materials and supplies. Reimbursement of costs is limited to those that are attributable to the specific work covered by this Agreement and allowable under the provisions of the Code of Federal Regulations (CFR), Title 48, Federal Acquisition Regulation System, Subchapter E., Part 30 (when applicable), and Part 31, Section 31.105 and Subpart 31.2. In addition to Title 48 requirements, for meals to be eligible for reimbursement, an overnight stay will be required. 3.1.1.3 Premium Overtime Pay. Not applicable. 3.1.1.4 Payments. Monthly payments for work completed shall be based on the services completed at the time of the billing and substantiated by monthly progress reports in a form that follows the specific rate schedule. The Contract Administrator will check such progress reports and payment will be made for the hours completed at each rate and for direct non -salary costs incurred during said month. Invoices shall clearly identify the beginning and ending dates of the prime's and subconsultant's billing cycles. All direct and indirect costs incurred during the billing cycle shall be invoiced. Costs incurred from prior billing cycles and previously not billed, will not be allowed for reimbursement unless approved by the Contract Administrator. Upon completion, delivery and acceptance of all work contemplated under this Agreement, the Consultant shall submit one complete invoice statement of costs incurred and amounts earned. Payment of 100% of the total cost claimed, inclusive of retainage, if applicable, will be made upon receipt and review of such claim. The Consultant agrees to reimburse the City for possible overpayment determined by final audit. Page 23 of 60 Page 24 J 60 %B 0Ell Ell E IIE 61 Page 24 J 60 Attachment D to I.M. 3.310 May 26, 2017 ATTACHMENT D CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS Instructions for Certification 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However. failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government. the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person" "primary covered transaction," "principal." "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the definitions and coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that should the proposed covered transaction be entered into. it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible. or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension. Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction. without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Page 25 of 60 Attachment D to I.M. 3.310 May 26, 2017 Certification Regarding Debarment, Suspension, and Other Responsibility Matters- Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred. suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency: (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction: violation of Federal or State Antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification, and (d) Have not within a three-year period preceding this application /proposal had one or more public transactions (Federal. State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. State of Iowa Johnson County Robert A. Bang, Vice President of the Shoemaker & Haaland Professional Engineers Company, being duly sworn (or under penalty of perjury under the laws of the United States and the State of Iowa) do hereby certify that the above Statements are true and correct. th f6 _ (Signature) Subscribed and sworn to this 20th day of May 2020 (month) (year) Page 26 of 60 Attachment D to I.M. 3.310 May 26, 2017 ATTACHMENT E CERTIFICATION OF CONSULTANT hereby certify that I, Robert A. Bang, am the Vice President and duly authorized representative of the firm of Shoemaker & Haaland Professional Engineers, whose address is 160 Holiday Road, Coralville, IA 52241, and that neither the above firm nor I has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Consultant) to solicit or secure this contract. (b) Agreed, as an express or implied condition for obtaining this contract. to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Consultant) any fee, contribution, donation or consideration of any kind for, or in connection with. procuring or carrying out the contract, except as here expressly stated (if any): acknowledge that this certificate is to be furnished to the Iowa Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -aid highway funds. and is subject to applicable, State and Federal laws, both criminal and civil. Signature Page 27 of 60 U}.1P�4ID�r➢�r] Date Attachment D to I.M. 3.310 May 26, 2017 ATTACHMENT F CERTIFICATION OF CITY I hereby certify that I, Jason Havel, am the City Engineer and the duly authorized representative of the City, and that the above consulting firm or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the to the Iowa Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. e' Signature l Page 28 of 60 000 Date ,.5,664, v 52 o l mn Hoof an o,nHol 56 599910 Tull .vn-11I nl, nn.aninwul pWmmumn�l rxrramn mnmiomr, oc-h—IbmwmwmnG Page 29 of 50 11�® mGo hnc5.zs (D I 5 Attachment D to 1. M. 3.310 May 26, 2017 ATTACHMENT H Page 1 of 24 SUBCONSULTANT SCOPE AND BUDGET Project Number: BROS-3715(664)--8J-52 State of Iowa I hereby certify that I, Justin Widdel, P.E., am the Department Manager and duly authorized representative of the firm of Terracon, whose address is 2640 121h Street SW, Cedar Rapids, IA 52404, and do hereby certify that the below Scope of Services and Subconsultant Budget Proposals are a true and accurate copy of the Scope of Services and Subconsultant Budget. Any changes to the proposed Scope and Budget shall be documented, signed by both the Consultant and subconsultant, and approved by the Contract Administrator. Signature 5/21/2020 Page 30 of 60 Date EXHIBIT B May 8, 2020 Shoemaker & Haaland 160 Holiday Road Coralville. Iowa 52241 Attn: Mr. Troyer Ritter, P.E. P: 319-351-7150 E: TRitter(cDshoemaker-haaland.com Irerracon Re: Proposal for Environmental Services - Revised Replacement of 2nd Avenue Bridge over South Branch of Ralston Creek Terracon Proposal No. P06197029 Dear Mr. Ritter Based on our March 2020 conversations and your recent request, Terracon Consultants, Inc. (Terracon) has revised our proposal for the above referenced project. We have included cost plus fixed fees and have included services to complete the Iowa Department of Transportation (IDOT) form 76005. As originally proposed, an asbestos survey of the bridge, and a wetlands and waters of the United States (WOUS) delineation and threatened and endangered species (T&E) assessment will performed within the project limits as presented in your March 1, 2019 email exhibit. This proposal outlines our understanding of the project and scope of services and provides the estimated fees for our services. 1.0 PROJECT INFORMATION 1.1 Site Location Item Description Bridge over South Branch of Ralston Creek Between 728 and 800 2nd Avenue, Iowa City, IA. Location Approximately 150 -feet east and west of the center of the bridge and extending north to the northern edge of Court Hill Trail and south to the driveway at 729 2nd Avenue (the project area) —30 -foot by 35 -foot bridge with precast decking and Existing improvements aluminum guard railing Storm sewer, sanitary sewer, and other utilities in vicinity Existing water bodies South Branch of Ralston Creek, oriented east -west through the project site Terracon Consultants, Inc. 2640 1 V� Street SW Cedar Rapids, Iowa 52404 P [319] 366-8321 F [319] 366-0032 terracon.com Proposal for Environmental Services — Revised 1 �erracon 2nd Avenue Bridge over South Branch of Ralston Creek Iowa City, Iowa May 8, 2020 Terracon Proposal No. P06197029 1.2 Project Description Item Description Replacement of the bridge Structure Design to account for buoyancy/ice since structure is below the 10 -year flood elevation Possible utilization of H piles Creek stabilization on the south side of the south branch of Ralston Creek, extending east and west approximately 100 - Site Improvements feet (preliminary) Potential for creek straightening on the east side of the bridge Potential for tree removal Potential for retaining wall along the north side of the creek Should any of the above information or assumptions be inconsistent with the planned construction, please let us know so that we may make any necessary modifications to this proposal. When available, design drawings should be provided to Terracon. 2.0 SCOPE OF SERVICES 2.1 Asbestos Survey Terracon will mobilize a State of Iowa licensed asbestos inspector to conduct an asbestos survey of the bridge as required by Iowa Department of Natural Resources (IDNR) Iowa Administrative Code (IAC) 567 Chapter 23, Emission Standards for Contaminants. Terracon will conduct a visual assessment of the bridge to identify materials suspected of containing asbestos (suspect ACM) such as, but not limited to, utility conduits, rocker pads, paint on metal, waterproofing membrane between Portland cement concrete (PCC) and hot mixed asphalt (HMA) overlay, reclaimed HMA that may have incorporated reclaimed shingles in the mix, and PCC that may have used asbestos fibers in the mix. Suspect materials will be physically assessed for friability and evidence of damage or degradation. Samples of suspect ACM will be collected for laboratory analysis. Bulk sample collection will be conducted in accordance with the sampling protocols outlined in US Environmental Protection Agency (USEPA) 40 Code of Federal Regulations (CFR) 763 -Asbestos. Sample collection will result in some isolated damage to bridge materials; however, attempts will be made to limit such damage to the extent necessary for sample collection. Terracon will not be responsible for repair or touch-up of sample locations. In addition, Terracon will not perform sampling that requires demolition or destructive activities such as knocking holes in the bridge deck, dismantling of equipment, or removal of protective coverings. Reasonable efforts will be made to access suspect materials on the subject bridge. However, Terracon personnel will not attempt to sample materials in areas of restricted access/beneath bridge decks that are not safely Responsive Resourceful Reliable 2 Proposal for Environmental Services — Revised 1 �erracon 2nd Avenue Bridge over South Branch of Ralston Creek Iowa City, Iowa May 8, 2020 Terracon Proposal No. P06197029 accessible. The survey (asbestos) will be limited to bridge components above the waterline and above grade. EMSL Analytical, Inc. (EMSL), an analytical laboratory accredited under the National Voluntary Laboratory Accreditation Program (NVLAP), will analyze bulk material samples by visual estimation using polarized light microscopy (PLM). Terracon anticipates collecting up to 12 bulk asbestos samples from the structure. Three samples of each material will be collected. Terracon will prepare a letter report that includes the sampling methods and the results of the survey. The report will describe the number, type, the location of suspect samples collected, the analytical results, the estimated quantity, and the condition of materials identified as ACM. Photographs of sample locations will be included. No drawings depicting the location and extent of ACM or estimates of ACM removal costs will be provided unless specifically requested in advance. Unless otherwise instructed, the final report will be submitted electronically to the address indicated herein. 2.2 Wetland and Waters of the United States Services Tributaries, creeks, wetlands, or ponds identified on the site may be considered Waters of the United States (WOUS) under the jurisdiction of the United States Army Corps of Engineers (USACE). Proposed impacts to a jurisdictional waterbody, including draining, filling, crossing, relocating, or discharging into the waterbody may require a Section 404 Permit from the USACE and a Section 401 Water Quality Certification from Iowa Department of Natural Resources (IDNR). Please note that only the USACE can make the final determination on the jurisdictional status of WOUS, and on the need for permit processing and compensatory mitigation. The wetland delineation scope of this proposal is limited to the delineation of wetlands within the project area, as described in Section 1.1. 2.2.1 Wetland and WOUS Review Terracon will compile and review readily available published resources to preliminarily identify potential wetlands in the project area. Such resources may include: aerial photographs (including color infra -red); topographic maps; soil survey maps; flood insurance rate maps; and, the National Wetlands Inventory (NWI) maps. A qualified professional will then make a preliminary assessment of the potential for project impacts by comparing published parameters to the site conditions evidenced by the resource documents. 3 Proposal for Environmental Services — Revised 1 �erracon 2nd Avenue Bridge over South Branch of Ralston Creek Iowa City, Iowa May 8, 2020 Terracon Proposal No. P06197029 2.2.2 Wetland and WOUS Delineation A wetland and WOUS identification and delineation is intended to assist the client in evaluating potential regulatory requirements of the USACE under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act'. To meet this objective, Terracon will identify, and if wetlands or WOUS are present, delineate and assess on-site water bodies, drainageways, and wetlands that potentially may constitute jurisdictional areaS2 to help secure an official jurisdictional determination from the USACE. Terracon will perform a wetland and WOUS identification, and if present, delineate suspect areas identified in the preliminary research, as discussed in Section 2.2.1. The delineation field work will only evaluate current conditions present within the project area. The delineation will use mandatory technical criteria, field indicators, and other sources of information to assess whether the project area has wetlands or WOUS. The delineation will be performed by a degreed environmental scientist. The methods Terracon will use in the delineation generally follow the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (2010) and the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1987). Jurisdictional wetlands generally have three essential characteristics: hydrophilic vegetation, hydric soils, and wetland hydrology. The Wetland/ WOUS delineation services will generally include the following: Perform a site visit to gather data pertaining to the hydrophytic vegetation community, surface hydrology, and hydric soil characteristics. The following items will be performed at discrete data point locations within suspect wetland areas on- site. Assess each stratum of vegetation (i.e., trees, saplings/shrubs, herbs, and woody vines). Vegetation will be classified by Genus species and dominance will be assessed. Classify soil types and evaluate hydric soil indicators using shallow soil probes. Observe site characteristics for wetland hydrology indicators. Identification of physical characteristics of the ordinary high-water mark (i.e. defined bed and bank, clear/natural line impressed on bank, sediment sorting, shelving, souring, deposition, et. al). 'Federal requirements of the Clean Water Act and Rivers and Harbors Act (regulating navigation within tidal waters) will be addressed as appropriate. Unless otherwise notified by the client, it is assumed that Executive Order 11990 (addressing wetland protection for projects with federal involvement) does not apply. 3 Reference Clean Water Act Jurisdiction Followino the U.S. Supreme Court's Decision in Rapanos v. U.S. & Carabell v. U.S. (Memorandum), dated June 5, 2007, and, U.S. Army Corps of Enoineers Jurisdictional Determination Form Instructional Guidebook (Guidebook), dated May 30, 2007. Responsive Resourceful Reliable 4 Proposal for Environmental Services — Revised 1 �erracon 2nd Avenue Bridge over South Branch of Ralston Creek Iowa City, Iowa May 8, 2020 Terracon Proposal No. P06197029 Utilization of a hand-held GPS unit (sub -meter accuracy) to map the location and boundaries of the identified features. Preliminary recommendations will be formulated as appropriate, and the findings, along with a discussion of the regulatory framework, assessment methodology and applicable limitations, will be documented in a report. 2.3 Habitat Assessment The Endangered Species Act (Act) serves to protect plant and animal species listed by the United States Fish and Wildlife Service (USFWS) as threatened or endangered of extinction. Per the most recent USFWS County distribution of Federally Threatened, Endangered, Proposed and Candidate Species list for Johnson County, the Indiana bat, Northern long-eared bat, Higgins eye pearly mussel, rusty patched bumble bee, prairie bush clover, eastern and western prairie fringed orchids are listed as either threatened or endangered species. Shoemaker & Haaland is requesting a habitat assessment as part of the project. Additionally, we understand that the City is requesting that Terracon complete Iowa DOT form 76005 Determination of Effect for Threatened and Endangered Species for Local Public Agencies, on their behalf. 2.3.1 Habitat Assessment Review Terracon will request an Official Species List (List) through the USFWS Information for Planning and Consultation (IPAC) system for the project area. Terracon will also utilize the Iowa Department of Natural Resources (IDNR) Threatened and Endangered webpage to evaluate the potential effect of threatened and endangered species for the project area. A compilation and review of published and readily available resources will be performed to preliminarily identify potential areas of interest on-site. 2.3.2 Preliminary Habitat Investigation Field Services This scope of services is intended to provide preliminary information that will assist the client in evaluating and complying with federal and state endangered species requirements regulated by the USFWS and IDNR, respectively. To meet this objective, Terracon will investigate and assess the potential for listed species to be impacted by eventual development of the site as follows: Qualified environmental professionals will make a preliminary assessment of potential impacts by comparing published habitat parameters to site conditions evidenced by the resource documents, and will conduct a limited visual pedestrian reconnaissance of the site, during the wetland/WOUS delineation services. An assessment of the potential effect on listed species will be made in consideration of the presence of suitable habitat, the likelihood for listed species to make use of suitable habitat, the likelihood for listed species to be present on Responsive Resourceful Reliable 5 Proposal for Environmental Services — Revised 1 �erracon 2nd Avenue Bridge over South Branch of Ralston Creek Iowa City, Iowa May 8, 2020 Terracon Proposal No. P06197029 the site as evidenced by indicators that are visible at the time of the site reconnaissance, and/or the likelihood for potential project effects on listed species. Suitable avoidance and minimization measures to minimize adverse effects may be considered, as appropriate and in coordination with the client, but only on a preliminary, conceptual basis. Based upon resource document data, on-site findings, and known regulatory requirements, preliminary recommendations will be formulated as appropriate, and the findings, along with a discussion of the regulatory framework, assessment methodology and applicable limitations, are documented in a standalone report. 2.4 Schedule Services will be initiated immediately upon receipt of authorization, per below, and written notice to proceed. Asbestos Survey The asbestos samples will be submitted to the analytical laboratory with a requested standard, 5 - business day, turnaround time. The completed report will be provided 5 business days after receipt of laboratory data. If the schedule allows, Terracon would prefer to perform these services concurrently with the wetlands/WOUS and habitat assessment services. WetlandS/WOUS and Habitat Assessment Services According to the Midwest Supplement, the end of the growing season occurs when woody deciduous species lose their leaves, and/or the last herbaceous plants cease flowering and their leaves become dry or brown. The growing season generally begins when two or more different non -evergreen vascular plant species growing in a wetland or surrounding area emerge from the ground, show new growth, bud, or flower. For classification, the wetland/WOUS delineation should be performed when vegetation is actively growing (generally May -October). Currently, we are anticipating conducting the field services in early May 2019. The delineation report and habitat assessment report will be completed approximately 10 business days following the field visit or upon receipt of regulatory information. This schedule assumes that Terracon's ability to complete the field work is not slowed by inclement weather conditions of the need for a non -GPS survey. Proposal for Environmental Services — Revised 1 �erracon 2nd Avenue Bridge over South Branch of Ralston Creek Iowa City, Iowa May 8, 2020 Terracon Proposal No. P06197029 3.0 SCOPE AND REPORT(S) LIMITATIONS The findings and conclusions presented in the reports will be based on the site's current utilization and the information collected as discussed in this proposal. Please note that we do not warrant database or third party information or regulatory agency information used in the compilation of plans or reports. No warranties, express or implied, are intended or made. The fees in this proposal do not include additional meetings or data collection/evaluation that may be required by the USACE, USFWS, or IDNR. Fees do not include preparing a Section 404 Permit Application, Wetland Mitigation Planning or other services that may be required if wetland or WOUS impacts are proposed. Additional services will be necessary if compensatory mitigation is required for impacts to jurisdictional waterbodies or wetlands. Our specific involvement in these phases of the project is not known at this time. If necessary, budget estimates for additional services will be provided as the project scope evolves. 4.0 COMMITMENT TO SAFETY Terracon has a 100% commitment to the safety of all its employees. As such, and in accordance with our Incident and Injury Free® safety culture, Terracon will hold a meeting to review health and safety needs for our employees on this specific project. Anticipated safety concerns could include uneven terrain, remote site conditions, water hazards, and animal, insect, or toxic plant exposure. At this time, we anticipate performing fieldwork using personal protective equipment (PPE) consisting of hard hats, safety glasses, protective gloves, high -visibility vests, and steel - toed boots. Appropriate safety measures will be used to minimize the potential for exposure to hazardous materials that are sampled. 5.0 COMPENSATION Based on the scope of services described above, Terracon will perform the services for the fee as summarized in Attachment A2.1. If, as a result of these services, additional work is required outside the scope of this proposal, you will be contacted and, upon request, proposed fees for additional work will be provided. Client authorization will be obtained prior to commencement of any additional work outside the scope of this proposal. This proposal was prepared based on the following assumptions: Field activities can be completed in one day. Shoemaker & Haaland or the City of Iowa City (the City) will provide to Terracon legal right of entry to the project area (and other areas if required) to conduct the scope of services. Project plans will be provided once available. 7 Proposal for Environmental Services — Revised 1%rr�con 29d Avenue Bridge over South Branch of Ralston Creek . Iowa City, Iowa May 8, 2020 ■ Terracon Proposal No. P06197029 ■ Prior to mobilization, the Shoemaker & Haaland will notify Terracon of any restrictions, special site access requirements, or known potentially hazardous conditions at the site (e.g., hazardous materials or processes, specialized protective equipment requirements, unsound structural conditions, etc.). • Work can be performed on a date agreeable between Terracon and Shoemaker & Haaland. Should conditions be encountered that require additional services beyond the scope of services identified in this proposal, we will contact you prior to initiating such work, explain the situation, and negotiate additional costs beyond those proposed herein. If this scope of services meets with your approval, work may be initiated by emailing a copy of the signed MSA Task Order to Eric Harris at Eric Harris cDterracon.com. We appreciate the opportunity to provide this proposal and look forward to working with you on this project. If we can provide any additional environmental, geotechnical, construction materials testing, or other services, please call Eric at 319-221-7315. Sincerely, Terracon Consultants, Inc. eriE c W. Harris Environmental Department Manager Copies to: Email (PDF) Enclosures: MSA Task Order Attachment A2.1 For Geral . Hentges, P.G. Senior Associate EWH/GTH: n:\proposal documents\2019\p06197029\p06197029r.5820.shoemakerhaaland.2nd avenue bridge environmental services proposal.revised.docx Responsive ■ Resourceful ■ Reliable 1 re Reference Number: P06197029 MASTER SERVICES AGREEMENT TASK ORDER This TASK ORDER is issued under the MASTER SERVICES AGREEMENT dated 09/26/2006 between Shoemaker & Haaland Professional Engineer: ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for Client on the 2nd Avenue Bridge Replacement project ("Project"), as described in the Project Information section of the Consultant's Task Order Proposal dated May 8, 2020 ("Task Order Proposal") unless the Project is otherwise described below or in Exhibit A to this Task Order (which section or Exhibit are incorporated into this Task Order). This Task Order is incorporated into and part of the Master Services Agreement. 1. Project Information 2nd Avenue Bridge Replacement Project 2. Scope of Services The scope of Services to be provided under this Task Order are described in the Scope of Services section of the Consultant's Task Order Proposal, unless Services are otherwise described below or in Exhibit B to this Task Order. See Exhibit B. 3. Compensation Client shall pay compensation for the Services performed at the fees stated in the Task Order Proposal unless fees are otherwise stated below or in Exhibit C to this Task Order. per Attachment A2.1 in Exhibit B. All terms and conditions of the Master Services Agreement shall continue in full force and effect. This Task Order is accepted and Consultant is authorized to proceed. Consultant: Terracon CgApultants, Inc. By: Name/Title: 4__�Date: 5/8/2020 Erle W. Harris / Department Manager 1 Address: 2640 12th St SW Cedar Rapids, IA 524043440 Phone: Email: (319) 366.6321 Fax: (319) 366-0032 Erie.Harris@terracon.com Page 1 of 1 Rev. 7-18 Shoemaker & Haaland Professional Client: Engineer: By. a ox ews,`^ --1�itt� ;ate ,,...�-.Date: Name/Title: Trbyer,Ri+ errojres,;s�t{{ral Engineer Address: 160 Holiday Rd Coralville, IA 52241-1175 Phone: (319) 383-7834 Fax: Email: TRitter@shoemaker-haaland.com Page 1 of 1 Rev. 7-18 May 8, 2020 Shoemaker & Haaland Professional Engineers 160 Holiday Road Coralville, Iowa 52241 Attn: Mr. Troyer Ritter, P.E. - Structural Engineer P: (319) 351-7150 E: TRitter@shoemaker-haaland.com Re: Proposal for Geotechnical Engineering Services 2nd Avenue Bridge Replacement Crossing South Branch Ralston Creek Iowa City, Johnson County, Iowa Terracon Proposal No. P06195013 Dear Mr. Ritter: Irerracon Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to Shoemaker & Haaland Professional Engineers (SHPE) to provide geotechnical engineering services for the referenced City of Iowa City (City) project. The following are exhibits to the attached Master Services Agreement - Task Order. Exhibit Project Understanding Exhibit B Scope of Services Exhibit C Compensation and Project Schedule Exhibit D Site Location Exhibit E Anticipated Exploration Plan The existing 2nd Avenue bridge crossing the South Branch Ralston Creek will be replaced with a new structure. The South Branch Ralston Creek channel may be realigned with stabilization of both banks, with the north bank stabilization being in the form of retaining walls. An existing watermain dead -ends south of the bridge and will be extended to the north. As you are aware, Terracon (known as Soil Testing Services of Iowa (STSI) prior to 1980) performed subsurface exploration for the existing bridge (STSI Project No. 59522, borings performed April 30, 1969). The information from this prior exploration was considered in developing our scope of services for this proposal. Our estimated fee, based on our current Iowa Department of Transportation (IDOT) Indirect Cost Factor, to perform the scope of services described in this proposal is shown in Attachment A2.2. See for more details of our fee. Terracon Consultants, Inc. 2640 12th Street SW Cedar Rapids, Iowa P (319) 366 8321 F (319) 366 0032 terracon. corn Proposal for Geotechnical Engineering Services 1 ��rr�con 2nd Avenue Bridge Replacement ■ Iowa City, Johnson County, Iowa May 8, 2020 ■ Terracon Proposal No. P06195013 Your authorization for Terracon to proceed in accordance with this proposal can be issued by signing and returning a copy of the attached Master Services Agreement - Task Order to our office. This proposal is valid only if authorized within ninety days from the listed proposal date. We appreciate the opportunity to provide this proposal and look forward to working with you. Sincerely, Terracon Consultants, Inc. Thomas W. Sherman Geotechnical Engineer Copies. PDF -Addressee Responsive Resourceful Reliable /) 4W Ju iddel, P.E. Geotechnical Department Manager MASTER SERVICES AGREEMENT TASK ORDER Reference Number: P06195013 This TASK ORDER is issued under the MASTER SERVICES AGREEMENT dated 09/26/2006 between Shoemaker & Haaland Professional Engineers ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for Client on the 2nd Avenue Bridge Replacement project ("Project"), as described in the Project Information section of the Consultant's Task Order Proposal dated 05/08/2020 ("Task Order Proposal") unless the Project is otherwise described below or in Exhibit A to this Task Order (which section or Exhibit are incorporated into this Task Order). This Task Order is incorporated into and part of the Master Services Agreement. 1. Project Information Per Exhibit A. 2. Scope of Services The scope of Services to be provided under this Task Order are described in the Scope of Services section of the Consultant's Task Order Proposal, unless Services are otherwise described below or in Exhibit B to this Task Order. Per Exhibit B. 3. Compensation Client shall pay compensation for the Services performed at the fees stated in the Task Order Proposal unless fees are otherwise stated below or in Exhibit C to this Task Order. Per Exhibit C. All terms and conditions of the Master Services Agreement shall continue in full force and effect. This Task Order is accepted and Consultant is authorized to proceed. ConsuOa �hn Terraeon sultants, Inc. Client: By: .i ate: 5/812020 By: Thermas W Sherman, P.E. I Geotechnical Name/Title: Name/litle: Enghteeir Address: 2640 12th St SW Address: Cedar Rapids, IA 52404.3440 Phone: (319) 366-8321 Fax: (319) 366-0032 Phone: Email: Tom.Sherman@tenacon.com Email: Shoemaker & Haaland Professional Engineers Date: Troyer Ritter ^/ Structural Engineer 160 Holidav Rd Coralville, IA 52241.1175 (319)351-7150 Fax: TRitter@shoemaker-haaland.com Page 1 of 1 Rev. 7-18 Proposal for Geotechnical Engineering Services 2nd Avenue Bridge Replacement Iowa City, Johnson County, Iowa May 8, 2020 ■ Terracon Proposal No. P06195013 EXHIBIT A - PROJECT UNDERSTANDING 1 Terracon Our scope of services is based on our understanding of the project as described by SHPE and the expected subsurface conditions as described below. A Terracon geotechnical engineer visited the project site on March 4, 2019 to observe the site conditions. Aspects of the project, undefined or assumed, are highlighted as shown below. We request SHPE and/or the City verify all information prior to our initiation of field exploration activities. Site Location and Anticipated Conditions Responsive ■ Resourceful ■ Reliable EXHIBIT A -PROJECT UNDERSTANDING 1 of 3 Description ■ 2nd Avenue crossing South Branch Ralston Creek in Iowa City, Iowa Project Location m See Site Location 2nd Avenue ■ Precast concrete panel single -span bridge with a length of about 24 feet 0 10 -ton weight limit due to poor structural condition o Foundation type not provided, but based on Terracon's 1969 design memorandum, it is likely supported on timber piles or spread footings Existing Structures / ■ Two-lane, two-way, portland cement concrete street Conditions o "Fair" and "poor" condition north and south of South Branch Ralston Creek, respectively Court Hill Trail ■ Portland cement concrete multi -use trail Utilities ■ Subsurface: Storm drains, sanitary sewers, and water lines ■ Overhead: Powerline along Court Hill Trail west of 2nd Avenue Current Ground Cover Native grasses and trees along stream banks Our field exploration will require the following ■ Traffic control flaggers or temporary closure of 2nd Avenue with signage o The existing 2nd Avenue pavement will be drilled through, and our Site Access / scope assumes thatthe City will waive the requirement for full panel Conditions replacement and allow patching of the slabs ■ Temporary closure off Court Hill Trail from 1s' Avenue to 3rd Avenue ■ Deactivation of overhead electrical line along Court Hill Trail, with visible grounding to confirm lines are deenergized Responsive ■ Resourceful ■ Reliable EXHIBIT A -PROJECT UNDERSTANDING 1 of 3 Proposal for Geotechnical Engineering Services 1 �erracon 2nd Avenue Bridge Replacement Iowa City, Johnson County, Iowa May 8, 2020 ■ Terracon Proposal No. P06195013 Description Expected Subsurface Conditions Our April 1969 borings (See Exploration Plan) forthe existing bridge indicate subsurface materials will likely consist of: ■ Existing fill along the 2nd Avenue roadway up to 7 feet or more in thickness; then/or ■ Alluvial interbedded medium stiff to stiff clay and loose to medium dense sand soils; then ■ Limestone bedrock at depths ranging from about 20 to 30 feet below existing grades, with significant variations in the thickness of the upper highly weathered zone Groundwater levels are anticipated to be at or slightly above the South Branch Ralston Creek stage Planned Construction Item Description ■ Concept/utility plan overlaid on aerial photograph from SHPE by email on March 5, 2019 • Emails from SHPE between January 18 and March 5, 2019 Information Provided ■ Pages 44 and 45 of the Request for Proposals (RFP) Design and Engineering Services for Iowa City Construction Projects (dated December 21, 2018) ■ The existing 2nd Avenue bridge crossing the South Branch Ralston Creek will be replaced with a new structure ■ The South Branch Ralston Creek channel may be realigned with Project Description stabilization of both banks, with the north bank stabilization being in the form of retaining walls ■ An existing watermain dead -ends south of the bridge and will be extended to the north New single -span bridge with integral abutments ■ Will be supported on driven piles ■ Span may be greater than the 24 -feet of the existing bridge to reduce Proposed Structure flow restriction of South Branch Ralston Creek ■ Needs to be designed for lateral and uplift loads, since the deck is below the 500 -year flood elevation ■ Superstructure type and reaction loads at the foundations not provided Responsive ■ Resourceful ■ Reliable EXHIBIT A -PROJECT UNDERSTANDING 2 of 3 Proposal for Geotechnical Engineering Services 1 ��rracon 2nd Avenue Bridge Replacement Iowa City, Johnson County, Iowa May 8, 2020 ■ Terracon Proposal No. P06195013 Item Description Cuts and fills of less than 1 foot are anticipated in the approach slab areas Grading/Slopes Slopes along the stabilized/realigned South Branch Ralston Creek channel not provided MSE block walls with guardrails between Court Hill Trail and South Branch Ralston Creek channel Free -Standing Retaining Walls Walls will extend east and west from the new bridge Preliminary lengths of about 100 feet each Estimated maximum wall height of about 10 feet Pavements New portland cement concrete approach slabs o Further information, including design traffic, not provided Project design and acquisitions complete: Spring 2019 to Fall 2019 Project Schedule IDOT bid letting: Winter 2019 Construction: Spring 2020 to Fall 2020 Should any of the above information or assumptions be inconsistent with the planned construction, please let us know so that we may make any necessary modifications to this proposal. When available, the following information should be provided to Terracon: Detailed project description and structural loads; Scaled site / topographic plan (for boring layout); Plan and profile drawings. Responsive ■ Resourceful ■ Reliable EXHIBIT A -PROJECT UNDERSTANDING 3 of 3 Proposal for Geotechnical Engineering Services 1 ��rracon 2nd Avenue Bridge Replacement Iowa City, Johnson County, Iowa May 8, 2020 ■ Terracon Proposal No. P06195013 EXHIBIT B - SCOPE OF SERVICES Our proposed scope of services consists of field exploration, laboratory testing, and engineering/project delivery. These services are described in the following sections. Field Exploration Exploration Access: We will not mobilize to the site without the confirmation of permission by the City and/or the City's authorized representative. Our field exploration will require the following: Traffic control flaggers or temporary closure of 2nd Avenue with signage; Temporary closure off Court Hill Trail from 1st Avenue to 3rd Avenue; Deactivation of overhead electrical line along Court Hill Trail, with visible grounding to confirm lines are deenergized. Our scope and fee assume the following: If a permit is required for drilling in the existing roadway, the City will provide the permit to us at no fee; All other permits (e.g., USACE 404, IDNR, etc.; if required) will be provided by SHPE. The City will waive the requirement for full panel replacement and allow patching of the slabs where we drill through the existing 2nd Avenue pavement. Subsurface Exploration: Based on the proposed project, our familiarity with soil and bedrock conditions at this site, and the requirements of the IDOT Design Manual in Appendix A - Consultant Geotechnical (Soils Design) Work Requirements, we propose to perform the following subsurface exploration, as shown on the Anticipated Exploration Plan and tabulated below. Number of Boring Borings Designations Planned Boring Depth (feet) Planned Location 2 B-101 and B-102 2 B-103 and B-104 1. Below existing ground surface. Auger refusal plus 10 feet of coring Auger refusal (estimated at 20 to 30 feet) Bridge abutments Retaining walls Boring Layout and Elevations: Terracon personnel will provide the boring layout. Coordinates will be obtained with a handheld GPS unit (estimated horizontal accuracy of about ±20 feet) and approximate elevations will be obtained by plotting the borings on the IDNR Lidar map. If more precise boring layout and elevations are desired, we recommend SHPE survey the borings following the completion of fieldwork. Responsive ■ Resourceful ■ Reliable EXHIBrr 3- SCOPE OF SERVICES 1 of 4 Proposal for Geotechnical Engineering Services 1 ��rracon 2nd Avenue Bridge Replacement Iowa City, Johnson County, Iowa May 8, 2020 ■ Terracon Proposal No. P06195013 Subsurface Exploration Procedures: The pavement will be penetrated with flight augers, and existing pavement and base course (if present) thicknesses estimated by measuring the sides of the boreholes. Soil sampling will be performed using thin-wall tube and split -barrel sampling procedures. Four (4) samples will be obtained in the upper 10 feet of each boring and at intervals of 5 feet thereafter. Bulk samples of disturbed soils will also be obtained directly from the auger flights at selected borings and depth intervals. Where rock coring is performed, core samples will be obtained with an "N" size, diamond -bit, double-wall core barrel. Once the samples have been collected and classified in the field, they will be placed in appropriate sample containers and transported to our laboratory. Subsurface conditions may be encountered which merit revisions of the field boring and/or sampling program described above. In addition, we will observe and record groundwater levels during drilling and sampling. Groundwater levels following the completion of drilling will not be measured since the mud -rotary and coring procedures will introduce drilling fluid into the boreholes that will obscure groundwater level measurements. Following the completion of drilling, the borings will be grouted to the top of bedrock where coring is performed, and then backfilled with sand. Pavements will be patched with "sack mix" portland cement concrete. Excess auger cuttings would be disposed of off the site. Our exploration team prepares field boring logs as part of standard drilling operations including sampling depths, penetration resistances, and other relevant sampling information. Field logs will include visual classifications of materials encountered during drilling, and our interpretation of subsurface conditions between samples. Property Disturbance: Terracon will take reasonable efforts to reduce damage to the property. However, it should also be understood that in the normal course of our work, disturbance such as rutting of the ground surface could occur. Our services do not include restoring the site beyond backfilling our boreholes and patching existing pavements. Any additional site restoration is considered the responsibility of the City. If there are any restrictions or special requirements regarding this site or exploration, these should be known prior to commencing field work. Laboratory Testing Water content tests will be performed on the samples obtained from the borings. Dry density and unconfined compressive strength tests will also be performed on intact tube samples of cohesive soil. Hand penetrometer tests may also be performed on select native samples. Additional laboratory testing such as Atterberg (liquid and plastic) limits, organic content by loss on ignition, and grain size analyses may also be performed on selected samples to better evaluate the site conditions and develop engineering recommendations for the project. Native soil samples will be visually classified in accordance with the Unified Soil Classification System (USCS). Responsive Resourceful Reliable EXHIBrr 3- SCOPE OF SERVICES 2of4 Proposal for Geotechnical Engineering Services 1 ��rracon 2nd Avenue Bridge Replacement Iowa City, Johnson County, Iowa May 8, 2020 ■ Terracon Proposal No. P06195013 Density and compressive strength determinations may be performed on selected portions of the rock core obtained. Rock classification will be conducted using locally accepted practices for engineering purposes; petrographic analysis (if performed) may reveal other rock types. Computer generated boring logs, prepared from field logs, represent the geotechnical engineer's interpretation, and include modifications based on observations and laboratory tests. Safety It is our personal and organizational commitment at all levels of Terracon to have everyone go home safely every day. It is where safety is held as a core value as well as an operational priority. Working safely is an inseparable part of working correctly, just as much as other operational priorities, in particular quality and schedule. As such, and in accordance with our Incident and Injury Free' (IIF) safety culture, Terracon will hold a meeting for our employees to review health and safety needs for this specific project. Anticipated safety concerns for this project include (but are not necessarily limited to) vehicular traffic, overhead electrical lines, subsurface utilities, uneven terrain, water hazards, and animal, insect, or toxic plant exposure. It may become necessary to provide additional measures to improve the safety of our employees, at additional cost, to reduce the risk for personal exposure. In the event SHPE and/or the City aware of specific safety concerns for the project site and/or have additional safety requirements, Terracon respectfully requests notification of such concerns prior to mobilization. Terracon will contact the Iowa "One Call" service to request location of utilities owned by member companies. It should be noted that Iowa "One Call" member companies require a minimum of 48 hours to locate utilities. Private utilities should be marked by their owner(s) prior to commencement of field exploration. Terracon will not be responsible for damage to private utilities that are not made aware to us. If their owner(s) is(are) not able to accurately locate private utilities, Terracon can assist by coordinating with a private utility locating services, and/or a vacuum excavation service. The detection of underground utilities is dependent upon the composition and construction of the utility line; some utilities are comprised of non -electrically conductive materials and may not be readily detected. The use of a private utility locate service would not relieve the owner(s) of their responsibilities in identifying private underground utilities. Terracon will not be responsible for any damage to utilities not marked or improperly located. Terracon is currently not aware of environmental concerns at this project site that would create health or safety hazards associated with our exploration program; thus, our scope considers that the field exploration can be performed without the need for personal protective equipment beyond Level D (e.g., hard hat, steel -toe boots) or "Modified" Level D (e.g. Level D with rubber gloves and boots). If evidence of contamination is encountered in a boring that requires protection beyond "Modified" Level D, the exploration will be terminated, and our findings discussed with you. Where potentially impacted soils or groundwater are encountered during drilling, the boreholes will be backfilled with bentonite chips at the completion of sampling. Our scope of services does not EXH IBR 3- SCOPE OF SERVICES 3 of 4 Proposal for Geotechnical Engineering Services 1 ��rracon 2nd Avenue Bridge Replacement Iowa City, Johnson County, Iowa May 8, 2020 ■ Terracon Proposal No. P06195013 include environmental site assessment services, but identification of unusual or unnatural materials encountered while drilling will be noted on our logs. During drilling, cones and safety tape will be placed around our rig, support truck, and crew. Additional measures, such as temporary fencing around our drilling operations, can be considered at an additional fee. Engineering and Project Delivery The results of our field and laboratory programs will be evaluated by a professional geotechnical engineer. We will deliver the results of our field exploration and laboratory testing in the Site Characterization phase, and recommendations in the Geotechnical Engineering phase using our GeoReport system. If you are reading this on a device with internet access, click here to watch a 2 -minute video that will provide a better understanding of the GeoReport experience. Our geotechnical engineering report will provide the following: Boring logs with field and laboratory data; Stratification based on visual soil and rock classification; Groundwater levels observed during drilling; Site and boring location plans; Subsurface exploration procedures; Description of subsurface conditions; Site preparation and earthwork considerations; Recommended foundation options and engineering design parameters; o Driven pile foundation recommendations for the bridge; o Allowable bearing capacity recommendations for retaining walls; Lateral earth pressure recommendations; o LPILE 2015 input recommendations; o Retained soil parameters for MSE walls; Analyses of global stability of retaining walls at two (2) cross-sections; Pavement subgrade parameters; Minimum pavement thicknesses (if design traffic provided). The following services are not included in our scope: Internal stability of MSE retaining walls, and parameters for wall backfill; o Terracon can perform full design services for MSE walls, and we can provide a supplemental proposal upon request following the completion of our base scope of services; Analyses and recommendations regarding scour/erosion protection; o We understand that this portion of the project will be performed by SHPE. Responsive ■ Resourceful ■ Reliable EXHIBr 3- SCOPE OF SERVICES 4 of 4 Proposal for Geotechnical Engineering Services 1 ��rracon 2nd Avenue Bridge Replacement Iowa City, Johnson County, Iowa May 8, 2020 ■ Terracon Proposal No. P06195013 EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE Compensation For the scope of geotechnical services outlined in this proposal that includes drilling, laboratory testing, and an engineering report, our fee is summarized in Attachment A2.2. We will not exceed this fee without prior approval in writing. Unless instructed otherwise, the invoice will be sent to your attention at the address shown at the beginning of this proposal. If conditions are encountered that require scope of services revisions and/or result in higher fees, we will contact you for approval, prior to initiating services. A supplemental proposal stating the modified scope of services as well as its effect on our fee will be prepared. We will not proceed without your authorization in writing. Project Schedule We can generally begin the field exploration program within about one to two weeks after receipt of our signed Master Services Agreement - Task Order, however, this does not account for delays in field exploration beyond our control, such as weather conditions, permit delays, de-energization of overhead electrical lines, or lack of permission to access the boring locations. We estimate the geotechnical report can be completed within about three to four weeks after the field testing is completed. In the event the schedule provided is inconsistent with your needs, please contact us so we may consider alternatives. In situations where information is needed prior to submittal of our report, we can provide verbal information or recommendations for specific project requirements after we have completed our field and laboratory programs. Responsive ■ Resourceful ■ Reliable EXHIBIT C -COMPENSATION AND PROJECT SCHEDULE 1 of 1 EXHIBIT D —SITE LOCATION 2nd Avenue Bridge Replacement . Iowa City, Johnson County, Iowa May 8, 2020. Terracon Proposal No. P06195013 lrerracon _ _ RayM4P EY g F V NNuma,b E owY GO LLEGf GREEx Ex"a"t�x4 e w+�"P"u _ LFMMfS MDYNiNGSLOF GLENOPLE s.wrv.rw.`- P F p 3 ~Tai p of � CxdufP � 5 N - L � .� FfNLSrfI [oaa9ua,0.5 •• r' xn G C eac�ew.e Rn n.� � y, e � Fant `� g e 9 a 3 +rmEaa ee ; § fwn.l w•,. a .n,P LONOEFLLVW 'i y PF LCom9. _ ..._ m CorS� A p f. rrTert.on ;. tlax4. q it ` cwrlrb•FfF [ faun wws, "0 q �w ' R x- n5rm { in. .. P k & HIE -hrV' "d 5"1 Pk for c SxmNn� �w c CREF SID' N OAK GAUVF.-,V Gud2 P [ia M14xnine M1ve ~ M_.rw Ave i wrn.i ^ ' FirFwooSAve . F P fAST5IDF 5 S a l It xr f r Y N LUCAS u z L�m-m ,Y adlwaw � F.,,ed Martei Park f c .m�9 s+ lr�`lkn. Pjz 5<.mo• aRo.w,.rm a.r".r a.. yga [. Rtx.: & P � memnnor� aw or5 Rae: -mow emoAwooam r� e .. aa, R '•' 2500 11 ,F BROADWAY F way.«em ow 5 r9 �kr G. aurin ®x119 MFoozofl CorporaDon 92019111E1f EXHIBIT E — ANTICIPATED EXPLORATION PLAN 1 �erracon 2nd Avenue Bridge Replacement . Iowa City, Johnson County, Iowa May 8, 2020. Terracon Proposal No. P06195013 Attachment A2 Fee Summary for Terracon Consultants, Inc. ConsuRant Type Subconsultant Method of Reimbursement Cost Plus Fixed Fee I. ESTIMATED DIRECT LABOR +OVERHEAD Classification Senior Geologist -044502 Staff Scientist - 213726 Field Scientist - 212129 Senior Industrial Hygienist -005438 Department Manager I - 201586 II. PAYROLL BURDEN AND OVERHEAD COSTS IaDOT Project Number: 2nd Avenue Bridge Replacement IaDOT Contract Number: IaDOT Prime Contractor: SHOEMAKE R & HAALAN D Terracon Project Number: P06195013/06197029 IV. ESTIMATED ACTUAL COSTS (I+II+III) V.FIXEDFEE (Percentageof%OF(I+II)) VI. MISCELLANEOUS Type Description Amount 0.00 27.60 0.00 200.00 0.00 0.00 227.60 $ 4,586.25 12.0 $ 521.20 $ (15.32) Fixed Fee Less FCCM $ 505.88 Amount Total: 0.00 $ VII. SUBCONSULTANT AUTHORIZED AMOUNT $ VIII. CONTINGENCY Contingency(%) 10.0 $ IX. AGREEMENT TOTAL (Maximum Amount Payable) $ Page 53 of 60 5,092.13 458.62 5,550.75 OVERHEAD 186.35 Direct Labor Overhead Labor+ Hours Hourly Rate cost Rate(%) Overhead 5 48.98 244.90 186.35 701.27 18 26.68 480.24 186.35 1,375.17 3 20.91 62.73 186.35 179.63 2 37.50 75.00 186.35 214.76 16 40.87 653.92 186.35 1,872.50 0.00 0.00 0.00 0.00 0.00 0.00 Totals: 40 1,516.79 4,343.33 IV. ESTIMATED ACTUAL COSTS (I+II+III) V.FIXEDFEE (Percentageof%OF(I+II)) VI. MISCELLANEOUS Type Description Amount 0.00 27.60 0.00 200.00 0.00 0.00 227.60 $ 4,586.25 12.0 $ 521.20 $ (15.32) Fixed Fee Less FCCM $ 505.88 Amount Total: 0.00 $ VII. SUBCONSULTANT AUTHORIZED AMOUNT $ VIII. CONTINGENCY Contingency(%) 10.0 $ IX. AGREEMENT TOTAL (Maximum Amount Payable) $ Page 53 of 60 5,092.13 458.62 5,550.75 OVERHEAD 186.35 2,826.54 FCCM (%) 1.01 15.32 III. ESTIMATED DIRECT EXPENSES Expense Type Quantity Rate Unit Drill Rig 0 62.87 hours Mileage 48 0.575 miles Consumable & Misc. Supplies 0 200.00 at cost Lab Costs 1 200 at cost Traffic Control t 0 500 at cost Total: IV. ESTIMATED ACTUAL COSTS (I+II+III) V.FIXEDFEE (Percentageof%OF(I+II)) VI. MISCELLANEOUS Type Description Amount 0.00 27.60 0.00 200.00 0.00 0.00 227.60 $ 4,586.25 12.0 $ 521.20 $ (15.32) Fixed Fee Less FCCM $ 505.88 Amount Total: 0.00 $ VII. SUBCONSULTANT AUTHORIZED AMOUNT $ VIII. CONTINGENCY Contingency(%) 10.0 $ IX. AGREEMENT TOTAL (Maximum Amount Payable) $ Page 53 of 60 5,092.13 458.62 5,550.75 Attachment A2 Fee Summary for Terracon Consultants, Inc. ConsuRant Type Subconsultant Method of Reimbursement Cost Plus Fixed Fee I. ESTIMATED DIRECT LABOR +OVERHEAD IaDOT Project Number: 2nd Avenue Bridge Replacement - Geotechnical IaDOT Contract Number: IaDOT Prime Contractor: SHOEMAKER&HAALAND Terracon Project Number: P06195013/06197029 Classification Hours Hourly Rate Senior Cad Operator -202969 8 27.25 Driller/Exploration Team Member V -060435 12 34.00 Administrative Staff Ill -066330 8 20.15 Project Engineer -001875 21 40.46 Staff Engineer -211924 5 30.77 Department Manager l-007009 5 44.71 Principa l Engineer -201954 2 61.63 Technician II -Average 10 17.74 Technician III - Average 16 19.70 Driller -Average 18 28.29 Driller Helper - Average 18 19.10 Technician V -Average 10 25.11 0.00 Totals: 133 II. PAYROLL BURDEN AND OVERHEAD COSTS OVERHEAD 186.35 FCCM (%) 1.01 Direct Labor Overhead Labor+ cost Rate(%) Overhead 218.00 186.35 624.24 408.00 186.35 1,168.31 161.20 186.35 461.60 849.66 186.35 2,433.00 153.85 186.35 440.55 223.55 186.35 640.14 123.26 186.35 352.96 177.40 186.35 507.98 315.12 186.35 902.36 509.25 186.35 1,458.24 343.73 186.35 984.27 251.10 186.35 719.02 0.00- 0.00 3,730.12 10,692.67 6,958.54 37.71 III. ESTIMATED DIRECT EXPENSES Expense Type Quantity Rate Unit Drill Rig 16 62.87 hours Mileage 240 0.575 miles Consumable & Misc. Supplies 1 200.00 at cost Lab Costs 0 200 at cost Traffic Control 1 500 at Cost Total: IV. ESTIMATED ACTUAL COSTS (I+II+III) V.FIXEDFEE (Percentageof%OF(I+II)) 12.0 VI. MISCELLANEOUS Amount 1,005.92 138.00 200.00 0.00 500.00 0.00 1,843.92 $ 12,574.30 $ 1,283.12 $ (37.71) Fixed Fee Less FCCM $ 1,245.41 Type Description Amount Total: 0.00 $ - VII. SUBCONSULTANT AUTHORIZED AMOUNT $ 13,819.71 VIII. CONTINGENCY Contingency(%) 10.0 $ 1,257.43 IX. AGREEMENT TOTAL (Maximum Amount Payable) $ 15,077.14 Page 54 of 60 Attachment D to I.M. 3.310 May 26, 2017 ATTACHMENT IOWA CITY CONTRACT COMPLIANCE SECTION I GENERAL POLICY STATEMENT It is the policy of the City of Iowa City to require equal employment opportunity in all City contract work. This policy prohibits discrimination by the City's contractors, consultants and vendors and requires them to ensure that applicants seeking employment with them and their employees are treated equally without regard to race, calor, creed, religion, national origin, sex, gender identity, sexual orientation, disability, marital status. and age. It is the City's intention to assist employers, who are City contractors, vendors or consultants, in designing and implementing equal employment opportunity so that all citizens will be afforded equal accessibility and opportunity to gain and maintain employment. PROVISIONS: 1. All contractors. vendors, and consultants requesting to do business with the City must submit an Equal Opportunity Policy Statement before the execution of the contract. 2. All City contractors. vendors. and consultants with contracts of $25,000 or more (or less if required by another governmental agency) must abide by the requirements of the City's Contract Compliance Program. Emergency contracts may be exempt from this provision at the discretion of the City. Regardless of the value of the contract, all contractors, vendors, and consultants are subject to the City's Human Rights Ordinance, which is codified at Article 2 of the City Code. 3. Contracting departments are responsible for assuring that City contractors, vendors, and consultants are made aware of the City's Contract Compliance Program reporting responsibilities and receive the appropriate reporting forms. A notification of requirements will be included in any request for proposal and notice of bids. 4. Prior to execution of the contract, the completed and signed Assurance of Compliance (located on pages CC -2 and CC -3) or other required material must be received and approved by the City. 5. Contracting departments are responsible for answering questions about contractor, consultant and vendor compliance during the course of the contract with the City. 6. All contractors, vendors. and consultants must refrain from the use of any signs or designations which are sexist in nature, such as those which state "Men Working" or "Flagman Ahead," and instead use gender neutral signs. 7. All contractors, vendors. and consultants must assure that their subcontractors abide by the City's Human Rights Ordinance. The City's protected classes are listed at Iowa City City Code section 2-3-1. SECTION II ASSURANCE OF COMPLIANCE The following sets forth the minimum requirements of a satisfactory Equal Employment Opportunity Program which will be reviewed for acceptability. PLEASE RETURN PAGES 2 THROUGH 3 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION OF THE CONTRACT. With respect to the performance of this contract, the contractor, consultant or vendor agrees as follows: (For the purposes of these minimum requirements. "contractor" shall include consultants and vendors.) The contractor will not discriminate against any employee or applicant for employment and will take affirmative efforts to ensure applicants and employees are treated during employment without regard to Page 55 of 60 Attachment D to I.M. 3.310 May 26, 2017 their race, color, creed. religion, national origin. sex, sexual orientation, gender identity, disability, marital status, and age. Such efforts shall include. but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination: rates of pay or other forms of compensation; and selection for training. including apprenticeship. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that it is an equal opportunity employer. Note: Contracts that are federally funded are subject to Executive Order No. 11246, as amended, and the regulations (see generally 29 U.S.C. § 1608 et seq.) and relevant orders of the U.S. Secretary of Labor. The Secretary of Labor, and not the City, enforces said regulations and orders. 3. Provide a copy of your written Equal Employment Opportunity policy statement. Where is this statement posted? In the Shoemaker & Haaland office supply rooms. 4. What is the name, telephone number and address of your business' Equal Employment Opportunity Officer? (Please print) Douglas Weihe, PE 319-351-7150 160 Holiday Road Phone Number Street Address Coralville, Iowa 52241 City, State, Zip Code 5. The undersigned agrees to display, in conspicuous places at the work site, all posters required by federal and state law for the duration of the contract. NOTE: The City can provide assistance in obtaining the necessary posters. 6. How does your business currently inform applicants, employees, and recruitment sources (including unions) that you are an Equal Employment Opportunity employer? The above responses are true and correctly reflect our Equal Employment Opportunity policies. Shoemaker Consulting Engineers, Inc. dba Shoemaker & Haaland 319-351-7150 Business Name Phone Number �, Grt✓�S President Signature Title Douglas Weihe, PE 05/20/2020 Print Name Date SECTION III SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT OPPORTUNITIES COMPANY POLICY Page 56 of 60 Attachment D to I.M. 3.310 May 26, 2017 Determine your company's policy regarding equal employment opportunities. Document the policy and post it in a conspicuous place so that it is known to all your employees. Furthermore, disseminate the policy to all potential sources of employees and to your subcontractors asking their cooperation. The policy statement should recognize and accept your responsibility to provide equal employment opportunity in all your employment practices. In regard to dissemination of this policy, this can be done, for example, through the use of letters to all recruitment sources and subcontractors, personal contacts. employee meetings, web page postings, employee handbooks, and advertising. 2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER Designate an equal employment opportunity officer or, at minimum, assign someone the responsibility of administering and promoting your company's Equal Employment Opportunity program. This person should have a position in your organization which emphasizes the importance of the program. 3. INSTRUCT STAFF Your staff should be aware of and be required to abide by your Equal Employment Opportunity program. All employees authorized to hire, supervise, promote, or discharge employees or are involved in such actions should be trained and required to comply with your policy and the current equal employment opportunity laws. 4. RECRUITMENT (a) Let potential employees know you are an equal opportunity employer. This can be done by identifying yourself on all recruitment advertising as "an equal opportunity employer". (b) Use recruitment sources that are likely to yield diverse applicant pools. Ward of mouth recruitment will only perpetuate the current composition of your workforce. Send recruitment sources a letter annually which reaffirms your commitment to equal employment opportunity and requests their assistance in helping you reach diverse applicant pools. (c) Analyze and review your company's recruitment procedures to identify and eliminate discriminatory barriers. (d) Select and train persons involved in the employment process to use objective standards and to support equal employment opportunity goals. (e) Review periodically job descriptions to make sure they accurately reflect major jab functions. Review education and experience requirements to make sure they accurately reflect the requirements for successful job performance. (f) Review the job application to insure that only job related questions are asked. Ask yourself "Is this information necessary to judge an applicant's ability to perform the job applied for?" Only use job related tests which do not adversely affect any particular group of people. (g) Monitor interviews carefully. Prepare interview questions in advance to assure that they are only job related. Train your interviewers on discrimination laws. Biased and subjective judgments in personal interviews can be a major source of discrimination. (h) Improve hiring and selection procedures and use non biased promotion, transfer and training policies to increase and/or improve the diversity of your workforce representation. Companies must make sure procedures for selecting candidates for promotion, transfer and training are based upon a fair assessment of an employee's ability and work record. Furthermore, all companies should post and otherwise publicize all job promotional opportunities and encourage all qualified employees to bid on them. For your information is a copy of Section 2 — 3 — 1 of the Iowa City Code of Ordinances which prohibits certain discriminatory practices in employment can be found at: http://www.sterlingcodifiers.com/codebook/index.php?book id=953. Please note that the protected characteristics include some not mandated for protection by Federal or State law. As a contractor, consultant or vendor doing business with the City of Iowa City you are required to abide by the provisions of the local ordinance in conjunction with your performance under a contract with the City. Page 57 of 60 Attachment D to I.M. 3.310 May 26, 2017 SAMPLE: EQUAL EMPLOYMENT OPPORTUNITY POLICY To all employees of This Company and its employees shall not discriminate against any employee or applicant for employment based on his or her age, color. creed. disability, national origin, gender identity, marital status, race, religion, sex, or sexual orientation. The anti -discrimination policy extends to decisions involving hiring, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. including apprenticeship. Further, this Company and its employees will provide a working environment free from such discrimination. All employees are encouraged to refer minority and women applicants and applicants with disabilities for employment. The Equal Employment Opportunity Officer for the is: Name: Address: Telephone: NOTE: This is a SAMPLE ONLY. You may wish to confer with your EEO officer or legal counsel to formulate a policy which specifically meets the needs of your company. Page 58 of 60 Attachment D to I.M. 3.310 May 26, 2017 ATTACHMENT IOWA CITY WAGE THEFT POLICY It is the policy of the City of Iowa City, as expressed by City Council Resolution No. 15-364 adopted on November 10. 2015, not to enter into certain contracts with, or provide discretionary economic development assistance to. any person or entity (including an owner of more than 250/. of the entity) who has admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful 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, for a period of five (5) years from the date of the last conviction, entry of plea, administrative finding or admission of guilt. (hereinafter "Wage Theft Policy") Application. The Wage Theft Policy applies to the following: a. Contracts in excess of $25,000 for goods. services or public improvements. b. Contracts for discretionary economic development assistance. "Discretionary" economic development assistance shall mean any economic development assistance provided by the City of Iowa City that is not required by law. II. Exceptions. The Wage Theft Policy does not apply to emergency purchases of goods and services, emergency construction or public improvement work, sole source contracts excepted by the City's purchasing manual, cooperative/piggyback purchasing or contracts with other governmental entities. III. Affidavit. The contracting entity must complete the attached affidavit showing compliance with the Wage Theft Policy and provide it to the Contracting Department prior to the execution of the contract. Contract provision: Any contract to which this policy is applicable will include the following contract provision: If the City becomes aware that a person or entity (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 willful 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 the contract. IV. Waivers. If a person or entity is ineligible to contract with the City as a result of the Wage Theft Policy it may submit a request in writing indicating that one or more of the following actions have been taken: a. There has been a bona fide change in ownership or control of the ineligible person or entity; b. Disciplinary action has been taken against the individual(s) responsible for the acts giving rise to the violation(s); c. Remedial action has been taken to prevent a recurrence of the acts giving rise to the disqualification or default; or d. Other factors that the person or entity believes are relevant. The City Manager or Designee shall review the documentation submitted, make any inquiries deemed necessary, request additional documentation if warranted and determine whether a reduction in the ineligibility period or waiver is warranted. Should the City Manager or Designee determine that a reduction or waiver of the ineligibility period is warranted the City Manager or Designee shall make such recommendation to the City Council. The City Council will make a final decision as to whether to grant a reduction or waiver. Page 59 of 60 STATE OF Iowa Johnson COUNTY Robert Bang Attachment D to I.M. 3.310 May 26, 2017 WAGE THEFT AFFIDAVIT ss: upon being duly sworn, state as follows: I am the Vice President [position] of Shoemaker & Haaland ['contracting entity"] and have the authority to execute this affidavit on behalf of said contracting entity and any person or entity with an ownership interest in said contracting entity of more than 250/.. 2. Neither Shoemaker & Haaland [contracting entity] nor any person or entity with an ownership interest of more than 250/. of said contracting entity has been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful 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 in the last 5 years. This record was acknowledged before me on by Robert Bang as Vice President of Shoemaker & Haaland Signature 05/20/2020 (name of individual) (type of authority, such as officer or trustee) (name of party on behalf of whom the record was executed) Signature Notary Public in and for the State of Page 60 of 60 Iowa l -V54, INGRID MADSEN _ Commission Number 771107 My Commission Expires 0 o- M-0 Item Number: 6.o. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT May 19, 2020 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest Amendment No. 1 to the June 7, 2019 agreement by and between the City of Iowa City and Snyder & Associates, Inc. to provide engineering consultant services for the Wetherby Park Improvements Project. Prepared By: Jason Reichart, Sr. Civil Engineer Reviewed By: Juli Seydell Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Goeff Fruin, City Manager Fiscal Impact: $8,700 available in the Wetherby Restroom, Shelter & Playground Upgrades account # R4349 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Amendment to Agreement Executive Summary: The City of Iowa City hired Snyder & Consultants, Inc. to prepare construction plans and contract documents for the Wetherby Park Improvements Project. After initial staff and public review, the City chose to increase the size and scope of the playground to provide additional play value at the park. As a result, the City desired to have the Consultant provide additional services related to preparing proposals and reviewing submittals for the larger playground. The fee for Amendment No. 1 is $8,700, which along with original Consultant Agreement will bring the total consultant service fees to $62,100. Background /Analysis: The 2017 Park Master Plan identified Wetherby Park playground as being in fair/poor condition with accessibility concerns. The shelter also needs renovation due to maintenance concerns and increased use from splash pad users. Base bid scope of work for this project includes the removal of existing structures, play equipment, pavements, and utilities, and construction of an open shelter, restroom, play equipment, sidewalks and accessibility improvements. Add Alternate #1 included rubberized surface for the swing area The City awarded the Base Bid and Add Alternate #1 to PEAK Construction Group, Inc. at the April 7 Council meeting. ATTACHMENTS: Description Resolution Amendment to Agreement M Prepared by: Jason Reichert, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5416 Resolution No. 20-132 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest Amendment No. 1 to the June 7, 2019 agreement by and between the City of Iowa City and Snyder & Associates, Inc. to provide engineering consultant services for the Wetherby Park Improvements Project. Whereas, the City of Iowa City, hereinafter "City", entered into an Agreement with Snyder & Associates, Inc., hereinafter "Consultant", on or about June 7, 2019, to prepare construction plans and contract documents for the Wetherby Park Improvements Project; and Whereas, the City Manager approved the original Consultant Agreement per the City's Purchasing Policy; and Whereas, the total amount now exceeds the City Manager's approval authority; and Whereas, the size and scope of the playground was increased after initial staff and public review in order to provide additional play value at the park; and Whereas, the City desires to have the Consultant provide additional services associated with preparing proposals and reviewing submittals for playground manufacturers and equipment for the park; and Whereas, the City and Consultant have negotiated Amendment #1 to the Agreement to provide said additional consulting services; and Whereas, it is in the public interest to enter into said Amendment #1 to the Agreement with Consultant; and. Whereas, funds for this project are available in the Wetherby Restroom, Shelter & Playground Upgrades account # R4349; Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that 1. Amendment No. 1 to the 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 #1. 3. The City Manager is authorized to execute future amendments to this contract as they may become necessary. Passed and approved this 19th day of May , 2020 Resolution No. 20-132 Page 2 Mayor Attest: L� City Jerk \U tp City Attorney's Office — 05/14/2020 (Sara Greenwood Hektoen) It was moved by Salih and seconded by Weiner the Resolution be adopted, and upon roll call there were: Ayes: N,.gm.aususW.,.mo Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Consultant Agreement Wetherby Park Improvements Project Amendment No. 1 This Amendment No. 1 to the June 7, 2019 Consultant Agreement ("Agreement") for the Wetherby Park Improvements Project ("Project") by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and Snyder & Associates, Inc., of Iowa City, Iowa hereinafter referred to as the Consultant, is made and entered into this 19th day of May .2020. Whereas, the Wetherby Park Improvements Project includes restroom, shelter, and play area improvements as identified in the 2017 Parks Master Plan; and Whereas, the City hired the Consultant to prepare construction plans and contract documents for the Project based on their qualifications and experience with other parks projects; and Whereas, the City desires to increase the size and scope of the playground after initial staff and public review identified a need to provide additional play value at the park; and Whereas, the City desires to have the Consultant provide additional services associated with preparing proposals and submittals for playground manufacturers and equipment for the park; and Now Therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. Scope of Services Section 1, Paragraph A "Preliminary Design Services and Site Survey" of the Agreement is hereby amended to add the following additional services: 11. Prepare proposals for multiple playground manufacturers, prepare exhibits and electronic CAD files, respond to submittal questions, process submittals, review designs and cost comparisons, and coordinate with the selected vendor for final playground documents. This item also includes plan modifications associated with the increased playground budget and larger playground area, which includes site layout plan, dimension, and grading plan. II. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Work to be completed by May 15, 2020 III. Compensation for Services In consideration for performance of the above-described additional Scope of Services, the Consultant's hourly not -to -exceed fee is increased by $8,700, calculated on a time basis at rates set forth in Attachment A attached to the June 7, 2019 Consultant Agreement, making the total compensation for services, as hereby amended, not to exceed $62,100. -2 - IV. General Terms All provisions of the June 7, 2019 Agreement not specifically amended herein shall remain in full force and effect. For the City For the Consultant l By: I .� .�� By: �1ftv4 Title: mayor Title: Btu ROSS UNIT ( CKOe(Z Date: 5/19/2020 Attest: �( Date: A%M1, 22E 2020 Approved by: 14 City Attorney's Office S-/3-2,132-0 Date Item Number: 6.p. 1 CITY OF IOWA CITY ��.:. -dry in � at COUNCIL ACTION REPORT May 19, 2020 Resolution amending the AFSCME pay plan by adding the position Senior Landfill Operator — Heavy Equipment to grade 12. Prepared By: Jennifer Jordan, Resource Management Superintendent Reviewed By: Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $7,134.40 (difference between Paygrade 9 and 12 at step 1) to $7,550.40 (difference between Paygrade 9 and 12 at step 6) annually, based on current pay plan Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: As part of the FY21 budget, Council approved the replacement of one Landfill Operator—Heavy Equipment with one Senior Maintenance Worker within Landfill Operations. Staff would like to edit the name of the position to Senior Landfill Operator—Heavy Equipment to better reflect the proposed role of the position. This item formally adds a Senior Landfill Operator—Heavy Equipment position to the City's classification and compensation plan for AFSCME employees to enable staff to proceed with the hiring process for the new position. Background /Analysis: The adoption of the FY21 budget by City Council included the addition of a replacement of one Landfill Operator—Heavy Equipment (Paygrade 9) with one Senior Maintenance Worker (Paygrade 12) within Landfill Operations. After evaluating the job description, it was determined Senior Landfill Operator—Heavy Equipment was a more appropriate title for the position. This position previously existed within the City's classification and compensation plan for AFSCME employees as Senior Maintenance Worker—Landfill at Paygrade 12. The Senior Maintenance Worker position was last filled in June 2015. The job description has been updated by the Resource Management Division, reviewed by Human Resources, and evaluated for appropriate pay classification utilizing the City's classification evaluation instrument. The Senior Landfill Operator—Heavy Equipment has been classified as an AFSCME grade 12 position. Staff recommends that City Council approve the resolution amending the AFSCME pay plan by adding the position of Senior Landfill Operator—Heavy Equipment. ATTACHMENTS: Description Resolution Prepared by Jennifer Jordan, Resource Management Superintendent, 3900 Hebl Ave., Iowa City, IA 52240 (319) 887-6160 Resolution Number. 20-133 Resolution amending the AFSCME pay plan by adding the position Senior Landfill Operator — Heavy Equipment to grade 12. Whereas, Resolution No. 20-82 adopted by the City Council on March 24, 2020, authorized budgeted positions in the Resource Management Division of the Public Works Department for Fiscal Year 2021 which included the newly created position of Senior Maintenance Worker - Landfill; and Whereas, the Resource Management Division Head has determined the newly created position should be titled Senior Landfill Operator - Heavy Equipment to identify this position will serve as a group leader for the staff working in the landfill cell; and Whereas, Resolution No. 17-14, adopted by the City Council on January 2, 2017 established a classification and compensation plan for AFSCME employees; and Whereas, the duties, responsibilities and requirements of the Senior Landfill Operator- Heavy Equipment position have been evaluated and grade 12 of the AFSCME pay plan has been determined to be the appropriate classification; Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The AFSCME pay plan be amended by adding the position Senior Landfill Operator- Heavy Equipment to grade 12. Passed and approved this 19th day of Attest: ity Clerk Kay 2020 1 Mayor App d by City Attorneys Office - 05/14/2020 It was moved by Salih and seconded by and upon roll call there were: AYES: 0:1 NAYS: Weiner ABSENT: the Resolution be adopted, Bergus Mims Salih Taylor Teague Thomas Weiner IM Item Number: 6.q. 1 CITY OF IOWA CITY ��.:. -4 in � at COUNCIL ACTION REPORT May 19, 2020 Resolution accepting the work for the City Hall MPOJC Renovation Project. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Juli Seydell Johnson, Parks & Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval 19TOT171 1717 My Oil ► /G1 Attachments: Engineer's Report Resolution Executive Summary: The City Hall MPOJC Renovation Project has been completed by TD Builders LLC, of Swisher, Iowa, in substantial accordance with the plans and specifications prepared by Rohrbach Associates PC, of Iowa City, Iowa. The Engineer's Report and Performance and Payment bond are on file with the City Clerk. • Project Estimated Cost: $160,500.00 • Project Bid Received: $143,100.00 • Project Actual Cost: $143,557.00 Background /Analysis: This project reconstructed the MPOJC office to better serve the department's needs. The MPOJC office had an inadequate number of offices and desk space, and many of the finishes were worn and at the end of their useful life. This project also added an additional conference room space in City Hall. ATTACHMENTS: Description Engineer's Report Resolution ENGINEER'S REPORT May 13, 2020 City Clerk Iowa City, Iowa City Hall MPOJC Renovation Project Dear City Clerk: CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org I hereby certify that the construction of the City Hall MPOJC Renovation Project has been completed by TD Builders LLC, of Swisher, Iowa, in substantial accordance with the plans and specifications prepared by Rohrbach Associates PC, of Iowa City, Iowa. The project was bid as a lump sum contract and the final contract price is $143,557.00. There was a total of two (2) change or extra work orders for the project as described below: 1 Controls Integration Changes to the Building Automation $ (38.00) System 2 Change Light Switching Configuration $ 495.00 Total $ 457.00 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, ��--.- Jason Havel,.E. City Engineer Prepared by: Ben Clark, Senior Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 20-134 Resolution accepting the work for the City Hall MPOJC Renovation Project Whereas, the Engineering Division has recommended that the work for construction of the City Hall MPOJC Renovation Project, as included in a contract between the City of Iowa City and TD Builders LLC of Swisher, Iowa, dated January 29, 2019, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the City Hall Remodel for MPOJC account # E4522; and Whereas, the final contract price is $143,557.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 19th day of May , 2020 May Attest: City Jerk It was moved by Salih and seconded by adopted, and upon roll call there were: Ayes: Nays: App d by (%// 4Qx/, City Attorney's Office - 05/14/2020 Weiner the Resolution be Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 6.r. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT May 19, 2020 Resolution accepting the work for the Riverfront Crossings Park, Phase 3 Project. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Juli Seydell Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Engineer Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: The Riverfront Crossings Park, Phase 3 Project has been completed by City Construction Newco LLC of Iowa City, Iowa, in substantial accordance with the plans and specifications prepared by Confluence, Inc. of Des Moines, Iowa. The Engineer's Report and Performance and Payment Bond are on file with the City Clerk. • Project Estimated Cost: $850,000.00 • Project Bid Received: $914,711.00 • Project Actual Cost: $1,014,707.55 There were thirteen change orders on the project, which included additional electrical, lighting, framing, paving and other associated work. Background /Analysis: This was the third phase of park development at the former site of the wastewater treatment facility. The project installed one combination restroom/shelter structure as well as pedestrian lighting and park signage throughout the park. ATTACHMENTS: Description Engineer's Report Resolution 1 ENGINEER'S REPORT CITY OF IOWA CITY 410 East Washington Street May 13, 2020 Iowa city, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.lcgov.org City Clerk Iowa City, Iowa Riverfront Crossings Park, Phase 3 Project Dear City Clerk: I hereby certify that the construction of the Riverfront Crossings Park, Phase 3 Project has been completed by City Construction Newco LLC of Iowa City, Iowa, in substantial accordance with the plans and specifications prepared by Confluence, Inc. of Des Moines, Iowa. The project was bid as a unit price contract and the final contract price is $1,014,707.55. There is a total of thirteen change or extra work orders for the project as described below: 1. Time extension for design modification pricing $ 0.00 2.. LI -201 Type B lighting foundations $ 7,747.00 3. Additional conduit boring $ 19,978.00 4. Primary feed conduits to transformer $ 5,396.00 5. Additional pavement and wall height $ 13,212.00 6. Over -excavation at building pad $ 5,981.00 7. Feeder length from LC1 to LC3 $ 12,965.55 8. Footing elevation/roof line elevation $ 6,289.00 9. West canopy framing and roof line modifications $ 11,983.00 10. Skate deterrent blades $ 3,929.00 11. Revise site signage $ 5,169.00 12. Electricity to hand dryers $ 4,911.00 13. Heater horizontal mounting brackets $ 2,436.00 Total $ 83,551.55 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, J__e Jason Havel, P.E. City Engineer Prepared by: Ben Clark, Senior Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 20-135 Resolution accepting the work for the Riverfront Crossings Park, Phase 3 Project Whereas, the Engineering Division has recommended that the work for construction of the Riverfront Crossings Park, Phase 3 Project as included in a contract between the City of Iowa City and City Construction Newco LLC of Iowa City, Iowa, dated April 27, 2018, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Riverfront Crossings Riverbank/Park Development account # R4185; and Whereas, the final contract price is $1,014,707.55. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 19th day of May 2020 Attest: CE? 1 .� Ma Ap ed by �{ / "l. City Attorney's Office — 05/14/2020 It was moved by salih and seconded by Weiner the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner (0,1- Prepared 0,t^ Item Number: 7.a. �r p- CITY OE IOWA CITY www.iogov.org May 19, 2020 Motion setting a public hearing for June 9, 2020 on an ordinance conditionally rezoning approximately 0.53 acres of land located at 1335 Highway 1 West from Intensive Commercial (CI -1) to (CI -1). The request is to modify current zoning conditions to reduce the required landscaped front setback area along Highway 1 from 30 feet to 10 feet, with landscaping consisting of ornamental trees and a mix of evergreen and deciduous shrubs and no parking or paving other sidewalks (REZ20-01). ATTACHMENTS: Description Public Hearing Notice Staff Report with Attachments NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held at which the Council will consider: An ordinance conditionally rezoning approximately 0.53 acres of land located at 1335 Highway 1 West from Intensive Commercial (CI -1) to (CI -1). The request is to modify the conditions associated with the property's zoning designation in order to reduce the required landscaped front setback area along Highway 1 from 30 feet to 10 feet, with landscaping consisting of ornamental trees and a mix of evergreen and deciduous shrubs and no parking or paving other than sidewalks. (REZ20-01) Copies of the proposed ordinance and conditional zoning agreement are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa, which is currently closed to the public because of the coronavirus. Copies are available by telephoning the City Clerk at 319/356-5043 or emailing kellie-fruehling(a�iowa- citV.org. The public hearing will be held at 7:00 p.m. on June 9, 2020, in Emma J. Harvat Hall of the Iowa City City Hall, 410 E. Washington Street, Iowa City. If City Hall remains closed to the public, the meeting will be an electronic meeting using the Zoom Meetings Platform. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at 319/356-5043. Persons wishing to make their views known for Council consideration are encouraged to participate. Kellie Fruehling, City Clerk To: Planning and Zoning Commission Item: REZ20-01 GENERAL INFORMATION: STAFF REPORT Prepared by: Ray Heitner Date: May 7, 2020 Applicant: Focus Development 2491 Oakdale Blvd, Suite 201 Coralville, IA 52241 319-512-2322 benl @focusdevco.com Contact Person: Ben Logsdon 2491 Oakdale Blvd, Suite 201 Coralville, IA 52241 319-52-2322 benl @focusdevco.com Owner: GRD Clinics 1805 State St Bettendorf, IA 52722 319-512-2322 benl @focusdevco.com Requested Action: Rezoning from Intensive Commercial (CI -1) to CI - 1. The request is to modify the conditions associated with the property's zoning designation in order to reduce the required landscaped front setback area along Highway 1 from 30 feet to 10 feet, with landscaping consisting of ornamental trees and a mix of evergreen and deciduous shrubs and no parking or paving other than sidewalks. Purpose: To obtain a reduced setback area for property located at 1335 Hwy. 1 West. Location: 1335 Highway 1 West Location Map: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning Comprehensive Plan: District Plan: Neighborhood Open Space District Public Meeting Notification: File Date: K Approximately 0.53 acres Commercial, Intensive Commercial (CI -1) North: CI -1 — Intensive Commercial (Commercial) RS -5 — Low Density Single -Family Residential (Residential) South: C1-2 — Intensive Commercial (Commercial) East: CI -1 — Intensive Commercial (Commercial) West: CI -1 — Intensive Commercial (Commercial) RM -12 — Low Density Multi -Family Residential (Residential) Intensive Commercial South Central District N/A Property owners located within 300' of the project site received notification of the Planning and Zoning Commission public meeting. Rezoning signs were also posted on the site. April 20, 2020 45 Day Limitation Period: June 4, 2020 3 BACKGROUND INFORMATION: In February of 1993 the City annexed and rezoned the subject property (Ord. 93-3563), referred to as the Dane tract, from County Commercial (C-2) and County Rural (A-1) to Intensive Commercial (CI -1). The rezoning was subject to a conditional zoning agreement (CZA) which specified infrastructure improvements and design requirements for development of the site.' An application has been submitted by Focus Development for a rezoning from Intensive Commercial (CI -1) to CI -1 for approximately 0.53 acres of land located at 1335 Highway 1 West. The request is to modify the conditions associated with the property's zoning designation in order to reduce the required landscaped front setback area along Highway 1 from 30 feet to 10 feet, with landscaping consisting of ornamental trees and a mix of evergreen and deciduous shrubs and no parking or paving other than sidewalks. With this rezoning request, the CI -1 zoning will be maintained, but a new ordinance and conditional zoning agreement will be drafted. The conditions of the new ordinance area listed below. a. The development shall have only one access onto Highway 1 which shall be located at Sunset Street. No additional vehicle access points onto Highway shall be permitted. b. No outdoor storage of merchandise or material shall occur within 100 feet of the Highway 1 right-of-way. Storage areas located beyond 100 feet of the Highway 1 right- of-way shall be screened with a solid wall at least 6 feet in height. A planted landscape bed, a minimum of 15 feet in width shall be located adjacent to the wall. Owners shall submit a concept plan illustrating a tree planting plan for landscape beds, to be approved by the Director of Development Services. c. There shall be a 10 -foot setback from Highway 1, which shall be landscaped with ornamental trees and a mixture of evergreen and deciduous shrubs. No parking or paving other than sidewalks shall be allowed within this 10 -foot setback. d. Prior to the issuance of a building permit, approval of a landscaping plan by the City Forester, consisting of ornamental trees and a mixture of evergreen and deciduous shrubs to be located within the reduced setback area. e. Provision of an access easement along the west side of the landscaped area of a size and in a location to be determined in coordination with the City Engineer, which shall be dedicated to the City, in a form of agreement acceptable to the City Attorney. ANALYSIS: Current Zoning: The property is currently zoned Intensive Commercial (CI -1). The purpose of ' In February of 1996, the CZA was amended to eliminate a requirement to provide access to the property to the south (Ord. 96-3721). This condition was originally written in the CZA to ensure access would be provided to the current airport property, should the airport relocate from its existing location and subsequently redevelop. Because it was decided to keep the airport at its existing location, this condition was removed. C! the CI -1 zone is to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor commercial amusement and recreational activities or by activities or operations conducted in buildings or structures not completely enclosed. The subject property, along with what is currently known as 1375, 1411, and 1445 U.S. Highway 1 West, were annexed into the City and rezoned to the current CI -1 zoning designation in 1993, with the intent of accommodating development of a Menards home improvement store on the property assemblage (referred to in the CZA as the Dane tract). When the CI -1 zoning was put into place, staff had concerns about the property's aesthetics, particularly as this new shopping center would act as a southwestern gateway into the City. Concerns regarding aesthetics and traffic circulation were addressed in the CZA through the provision of adequate landscaping, screening and buffer yards, the coordination of individual building design throughout the Dane tract assemblage, and the provision of an adequate traffic circulation route for the Dane tract and adjacent parcels. While past staff reports do not provide a specific reason as to why a 30 -foot setback from Highway 1 is required, staff believes this condition was put into place to provide a generous amount of landscape screening and yard buffering from the parking and outdoor storage areas of the Menards property and Highway 1. Proposed Zoning: Condition 4(o) from the existing CZA currently states the following, "There shall be a 30 -foot setback from Highway 1, which shall be landscaped with a mixture of evergreen and deciduous trees. No parking or paving other than sidewalks shall be allowed within this 30 -foot setback." The subject rezoning request wishes to reduce the required setback from Highway 1 West from 30 feet to 10 feet, with landscaping placed in the newly reduced setback area. The applicant has asserted that reducing the setback requirement will maintain consistency with the setback of the recently developed parcel at 1275 Highway 1 West, in addition to other commercial areas located to the south and east of the subject property along Highway 1 West. Staff recognizes that the purpose and surrounding character of the subject property and Dane tract assemblage has changed since the CZA was originally drafted in 1993. First, the Menards store which previously occupied 1375 Highway 1 West has since been relocated. However, as long as the CI -1 zoning is in place at this location, uses of similar intensity and character may take residence at the former Menards site. Second, the Dane tract assemblage no longer acts as a gateway to the city. Various forms of commercial development have since located in areas more adjacent to the Highway 1/Route 218 interchange, with the southwestern City limits now pushed west of Route 218. Finally, the property located directly east of the subject property, at 1275 Highway 1 West, built a parking lot with a setback distance similar to the requested 10 -foot setback the applicant is proposing for the property at 1335 Highway 1 West. Rezoning Review Criteria: Staff uses the following two criteria in the review of rezonings: 1. Consistency with the comprehensive plan; 2. Compatibility with the existing neighborhood character. 5 Consistency with the Comprehensive Plan: The current CI -1 zoning designation complies with the future land use direction of Intensive Commercial set forth in the Comprehensive Plan. The South Central District Plan also recognizes this area as suitable for Intensive of Highway Commercial use. The District Plan calls out the need to upgrade landscaping and pedestrian access along commercial corridors on Highway 1, as properties develop and redevelop along the corridor. The proposed CZA amendment would result in new paving being laid down in the newly reduced setback area on 1335 Highway 1 West. The new paving would result in the loss of four mature honey locust trees. To mitigate this loss, staff is proposing that a condition of the CZA be the provision of a landscaping plan, containing a mixture of ornamental trees and shrubs in the reduced setback area that will be approved by the City Forester. Staff is also recommending a condition of the rezoning be the provision of an access easement along the west side of the property that would allow for a potential future crosswalk across Highway 1 and connect the subject property with the existing trail network along the north side of Highway 1 West. Compatibility with the Existing Neighborhood Character: The surrounding neighborhood is generally comprised of Intensive Commercial (CI -1) zoning and land use. Low density single-family residential housing can be found on the north side of Highway 1 West. Despite the CZA's original intention to have the existing 30 -foot setback area landscaped with a mixture of evergreen and deciduous trees, the setback area has seen very little landscaping installed over the years. The subject property does contain four honey locust trees that have since reached maturity. The property at 1441 Highway 1 West does not contain any trees or shrubs in the setback area, while the property at 1445 Highway 1 West contains a small tree and shrub mixture along the northern edge of its parking lot. The property to the east, located at 1275 Highway 1 West, is not a part of the Dane tract assemblage. This property was developed in 2017, and its parking lot is setback about 10 feet from the Highway 1 right-of-way. The setback area on this lot is landscaped with a mixture of shrubs and ornamental tall grass. It is possible that landscaping enhancements to the reduced setback area on 1335 Highway 1 West will match the existing landscaping at 1275 Highway 1 West. While the new landscaping in this area would provide some variety in trees and shrubs closer to Highway 1, it would also result in the loss of four existing trees and alter the setback line for the adjoining Dane tract properties to the west. To help preserve the existing Highway 1 West corridor aesthetic, the new ordinance will carry over an existing condition on the subject property that does not allow outdoor storage of merchandise or material within 100 feet of the Highway 1 right-of-way. Traffic Implications and Access: The proposed additional paving will provide a means of internal access along the north side of the building. To reduce points of conflict with Highway 1 West, the new ordinance will carry over an existing condition on the subject property that will not allow new curb cuts onto Highway 1 West. The subject property does have access to the greater development's interior access road, which leads to a drive that provides access to the Hwy 1 West and Sunset Street intersection. Staff does not believe that the rezoning will result in any major traffic implications. Utilities: A sanitary sewer easement spans the existing 30 -foot wide setback area. The LIS sanitary sewer main runs beneath the middle of the easement area. Public Works staff has indicated that they are comfortable with additional paving in this area but are reluctant to allow large trees within the proposed 10 -foot wide setback area. Because of the nearby sanitary sewer main as well as the existence of overhead power lines that run near the proposed setback area, any replacement landscaping in the reduced setback area would consist of a mixture of smaller, ornamental trees and shrubs. NEXT STEPS: Upon recommendation of approval of the rezoning from the Planning & Zoning Commission, a public hearing will be scheduled for consideration of the application by City Council. STAFF RECOMMENDATION: Staff recommends that an application submitted by Focus Development for a rezoning from Intensive Commercial (CI -1) to CI -1 for approximately 0.53 acres of land located at 1335 Highway 1 West be approved, subject to the following conditions: 1. The development shall have only one access onto Highway 1 which shall be located at Sunset Street. No additional vehicle access points onto Highway shall be permitted. 2. No outdoor storage of merchandise or material shall occur within 100 feet of the Highway 1 right-of-way. Storage areas located beyond 100 feet ofthe Highway 1 right- of-way shall be screened with a solid wall at least 6 feet in height. A planted landscape bed, a minimum of 15 feet in width shall be located adjacent to the wall. Owners shall submit a concept plan illustrating a tree planting plan for landscape beds, to be approved by the Director of Development Services. 3. There shall be a 10 -foot setback from Highway 1, which shall be landscaped with ornamental trees and a mixture of evergreen and deciduous shrubs. No parking or paving other than sidewalks shall be allowed within this 10 -foot setback. 4. Prior to the issuance of a building permit, approval of a landscaping plan by the City Forester, consisting of ornamental trees and a mixture of evergreen and deciduous shrubs to be located within the reduced setback area. 5. Provision of an access easement along the west side of the landscaped area of a size and in a location to be determined in coordination with the City Engineer, which shall be dedicated to the City, in a form of agreement acceptable to the City Attorney. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Concept Plan 4. Concept Landscape Plan 5. Ordinance No. 96-3721 Approved by: Danielle Sitzman, AICP, Development Services Coordinator, Department of Neighborhood and Development Services CONDITIONAL ZONING AGREEMENT EXHIBIT 1335 HIGHWAY 1 WEST IOWA CITY, IOWA lb QD , lb T / F / N89'42'56"E 131.26' T T T —7 ——_ (b� / i / - - --- / ESE E E / E E E / E E . ' '���/ i• /' — s EX{STING 20'E E E E 7'�l � \ _ � ' � , i � F, c � c—_� Y ENTER c c / ' —, ' / ` o� \ do.' EASEMEN % 4�- 1 0, n0 10' PROPOSED EXISTING BUILDING / lb \LANDSCAPE 1,610 SF / SETBACK Q� 20, / l o� O / = /iyc O� O w PROPOSED ADDITIONAL PAVING WITH LANDSCAPE TO BE REMOVED l <v Cij� o= � r =o 7- 7s - 7sl PROPOSED 2p / ACCESS hl. / EASEMENT , 1:16 N6 Jl�l o�� / _ 3379 L 4 - , ro 2 h rn "IV A=9'04'25" R=500.00' L=79.18' T=39.67' C=79.10' CB=S36'56'41 "W -E E E '. t ti40 ;TE IRURUR 17=76d 0 2 5 10 15 20 GRAPHIC SCALE IN FEET 1 "=20' LEGAL DESCRIPTION: LOT 1 OF D AND L SUBDIVISION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE THE PLAT THEREOF RECORDED IN BOOK 35, PAGE 86 OF THE RECORDS OF THE JOHNSON COUNTY RECORDERS OFFICE. STANDARD LEGEND AND NOTES - PROPERTY &/or BOUNDARY LINES - CONGRESSIONAL SECTION LINES ------------- - RIGHT-OF-WAY LINES - - - - - - - - EXISTING RIGHT-OF-WAY LINES - CENTER LINES - EXISTING CENTER LINES - LOT LINES, INTERNAL - LOT LINES, PLATTED OR BY DEED — — — — — — - PROPOSED EASEMENT LINES - EXISTING EASEMENT LINES -010 - BENCHMARK (R) - RECORDED DIMENSIONS 22-1 - CURVE SEGMENT NUMBER -EXIST- -PROP- - POWER POLE - POWER POLE W/DROP - POWER POLE W/TRANS - POWER POLE W/LIGHT - GUY POLE r� - LIGHT POLE OO - SANITARY MANHOLE 11 Dyl L - FIRE HYDRANT AIS° g - WATER VALVE OO ® - DRAINAGE MANHOLE ❑ - CURB INLET X X - FENCE LINE ( - EXISTING SANITARY SEWER - PROPOSED SANITARY SEWER - EXISTING STORM SEWER :< - PROPOSED STORM SEWER - WATER LINES E - ELECTRICAL LINES T - TELEPHONE LINES G - GAS LINES - - - - - - - - - - - CONTOUR LINES (1' INTERVAL) PROPOSED GROUND EXISTING TREE LINE 0 EXISTING DECIDUOUS TREE & SHRUB - EXISTING EVERGREEN TREES & SHRUBS THE ACTUAL SIZE AND LOCATION OF ALL PROPOSED FACILITIES SHALL BE VERIFIED WITH CONSTRUCTION DOCUMENTS, WHICH ARE TO BE PREPARED AND SUBMITTED SUBSEQUENT TO THE APPROVAL OF THIS DOCUMENT. 1335 HIGHWAY 1 W LOCATION MAP NOT TO SCALE 0.53 AC. CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net Date Revision 04-20-20 PER CITY COMMENTS -JDM CONDITIONAL ZONING AGREEMENT EXHIBIT 1335 HIGHWAY 1 W D AND L SUBDIVISION LOT 1 IOWA CITY JOHNSON COUNTY STATE OF IOWA MMS CONSULTANTS, INC. Date. N 02-13-2020 0 Designed by: Fleid Book No: 0 JDM 1270,1273,1275 Drawn by: Scale: MAK 1 "=20' Ghecked by: Sheet No: JDM � Project No: IOWA CITY 0 7331-055 0 LANDSCAPE PLAN 1335 HIGHWAY 1 WEST IOWA CITY, IOWA O i iii / i O - / �^ T 'T —- - 4- -/F � T -----; - - - - - -F- F E SEE E E E E E FCS - - - E E E E v//111 -----r- e � I o d o� M P (3) CS db p (7) PASR r / o�/ / M p OPS (3) C§ IM / 0I r P A / O yy / / I i E ;TE 0 2 5 10 15 20 GRAPHIC SCALE IN FEET 1 "=20' 1335 HIGHWAY 1 W -. LOCATION MAP NOT TO SCALE PLANT L 1ST — TREES / POTANICAL NAME COMMON NAME I�� COMMENT MATME SIZE 3 MP MALUS 'PRAIRIE FIRE' SYRINOA RETICULATA 'IVORY SILK' PRAIRIE FIRE CRABAPPLE IVORY SILK JAPANESE TREE LILAC 1 1/2 GAL. I3 & 6 2d X 20, 2 5R I 1/'Z" GAL B & B 25' X W PLANT LIST — SHRUf�s, PERENNIALS, ORNAMENTAL GRASSES & GROUNPOOVER QTY KEY BOTANICAL NAME 66WON NAME IN ZE COMMENT MATURE SIZE 10 05 CORNUS SERICEA tAILAPELINE FIREPANCE P06WOOP 15 -1T- CONT. 4' X 5' 14 LANDSCAPE PLAN 1335 HIGHWAY 1 WEST IOWA CITY, IOWA O i iii / i O - / �^ T 'T —- - 4- -/F � T -----; - - - - - -F- F E SEE E E E E E FCS - - - E E E E v//111 -----r- e � I o d o� M P (3) CS db p (7) PASR r / o�/ / M p OPS (3) C§ IM / 0I r P A / O yy / / I i E ;TE 0 2 5 10 15 20 GRAPHIC SCALE IN FEET 1 "=20' 1335 HIGHWAY 1 W -. LOCATION MAP NOT TO SCALE PLANT L 1ST — TREES QTY KEY POTANICAL NAME COMMON NAME I�� COMMENT MATME SIZE 3 MP MALUS 'PRAIRIE FIRE' SYRINOA RETICULATA 'IVORY SILK' PRAIRIE FIRE CRABAPPLE IVORY SILK JAPANESE TREE LILAC 1 1/2 GAL. I3 & 6 2d X 20, 2 5R I 1/'Z" GAL B & B 25' X W PLANT LIST — SHRUf�s, PERENNIALS, ORNAMENTAL GRASSES & GROUNPOOVER QTY KEY BOTANICAL NAME 66WON NAME IN ZE COMMENT MATURE SIZE 10 05 CORNUS SERICEA tAILAPELINE FIREPANCE P06WOOP 15 -1T- CONT. 4' X 5' 14 PA PICEA ABIES 'NANA' DWARF NORWAY SPRUCE 15" 11T. CONT- 5' X 6' 0.53 AC. CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net Date I Revision LANDSCAPE PLAN 1335 HIGHWAY 1 W D AND L SUBDIVISION LOT 1 IOWA CITY JOHNSON COUNTY STATE OF IOWA MMS CONSULTANTS, INC. e N Date. 04-17-2020 a Designed by: Field Book No: N J D M 1270,1273,1275 Drawn by: Scale: BAH 1 Ghecked by: Sheet No: o JDM Project No: IOWA CITY 0 7331-055 r7 i 0 FEE Vyl�D STATE OF IOWA I _. ) SS JOHNSON COUNTY) P, C . t) /A• k Iv CITY OF IOWA CITY I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 96-3721, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26th day of March, 1996, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 28th day of March, 1996. Marian K. Karr City Clerk lord CORPORATE SEAL 1995 APR - I AM 8: 28 410 LAST WASHINGTON STREET IOW�C fffrrrrrr```"`////// Uipo-40 SL501126.•4719) ]361000•FAX {719) 756•5009 Y • ".e Prepared by; Charles Denney, Assoc. Planner, City of Iowa City, 410 E. Washington S Iowa City, IA 52240; (319) 356-5247 ORDINANCE NO. 96-3721 AN ORDINANCE AMENDING THE CONDITIONAL ZONING AGREEMENT FOR THE D&L SUBDIVISION, LOCATED SOUTHEAST OF THE INTERSECTION OF HIGHWAY 7 AND SUNSET STREET WHEREAS, on March 16, 1993, the City Council approved Ordinance No. 93-3563, (hereinafter "Ordinance") rezoning an approximate 19.18 acre property known as the Dane Tract, from County C-2, Commercial and A-1, Rural, to CI -1, Intensive Commercial, a portion of which was subsequently platted and is known as the D&L Subdivision; and WHEREAS, said Ordinance authorized execution of a Conditional Zoning Agreement between the City of Iowa City (City) and Harold John Dane, Jr. and Allegra Dane ("Owners"), which agreement limited development of the subject property; and WHEREAS, Condition 4.b set forth in the Agreement required that an Internal circulation system be provided and that access to properties to the north and south also be provided; and WHEREAS, at the time the property was annexed and rezoned the future of the Iowa City Municipal Airport was uncertain; and WHEREAS, the City Council has decided that the Airport will remain in its present location; and WHEREAS, the decision that the Airport will remain in its present location negates the need to provide access to property to the south, that is owned by the Airport; and WHEREAS, the City and Owners now wish to amend the original Conditional Zoning Agreement to eliminate the requirement to provide access to property to the south of the D&L Subdivision, which amended Agreement is attached hereto and incorporated by reference herein. r : • !057 FACE 151 Ordinance No. 96_3721 Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Ordinance 93-3563 and the accompanying Conditional Zoning Agreement are amended by deleting Section 4.b of the Agreement in its entirety and adopting in lieu thereof the following: 4.b) Future development of the Dane tract shall include an internal circulation drive which will provide access to any development on the annexed property, as well as access to the property located north of the Dane tract. This internal drive and access shall be shown on all site plans for future development. SECTION ll. AMENDED CONDITIONAL ZONING AGREEMENT, CERTIFICATION AND RECORDING. Following final passage and approval of this Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Amended Conditional Zoning Agreement between the property owners and the City, and after said execution, the City Clerk is hereby directed to certify a copy of this Ordinance and the Amended Conditional Zoning Agreement for recordation in the Office of the Recorder, Johnson County, Iowa, at the Owner's expense, all as provided by law. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. 2057)AGE 152 s f Ordinance No. 96-3721 Page 4 It was moved by Nnrtnn and seconded by I ahman that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker 7— Kubby x Lehman x Norton K Novick x— Thomberry Vanderhoef First Consideration 3/5/96 Vote for passage: AYES: Vanderhoef, Baker, Kubby, Norton, Novick, Thornberry. NAYS: None. ABSENT: Lehman. Second Consideration _ Vote for passage: Date published 4/3/96 Moved by Norton, seconded by Kubby, that the rule requiring ordinances to be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Kubby, Lehman, Norton, Novick. Thornberry, Vanderhoef, Baker. NAYS: None. ABSENT: None. ?05 i AGE 154 Ordinance No, 96_3721 Page 3 lcQpioj�a SECTION V. EFFECTIVE DATE. This Ordi• nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved. this 26th day of March , 1996 . (�aNw _'l CSW MAYOR ATTEST._ CITY CLEW 1 •'�i/� .✓Iii. I ppdadm1n1D&L.vd 4. 62057 rac¢ 153 Prepared by: Charles Denney, Assoc. Planner, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5247 AMENDED CONDITIONAL ZONING AGREEMENT This agreement is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "the City") and Harold John Dane, Jr. and Allegra Dane (hereinafter "Owners"). WHEREAS, Owners are legal title holders of property located east of Highway 1 and west of the Iowa City Municipal Airport, legally described in Exhibit "A" attached hereto; and WHEREAS, on March 16, 1993 the City of Iowa City approved Ordinance 93-3563 rezoning the approximate 19.18 acre tract of property formerly known as the Dane Tract from County C-2, Commercial and A-1, Rural to CI -1, Intensive Commercial, a portion of which was subsequently platted and is known as the D&L Subdivision; and WHEREAS, said ordinance authorized execution of a Conditional Zoning Agreement between the City and the Owners which limited development of the property; and WHEREAS, said Ordinance and Agreement were recorded on March 22, 1993 in Book 1514, Page 205 of the Johnson County Recorder's Office; and WHEREAS, Condition 4.b set forth in said Agreement required that an internal circulation system be provided and that access to properties to the north and south also be provided; and WHEREAS, the City and Owners now wish to amend the Conditional Zoning Agreement to delete the requirement for providing access to property to the south of the D & L Subdivision. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1 . The parties acknowledge that at the time they entered into the original Conditional Zoning Agreement, the future of the Iowa City Municipal Airport was uncertain and therefore, in order to limit major access points on Highway 1, access to the property to the south was required through the subject property in case the airport moved to another location. The parties further acknowledge that the City Council has decided that the Airport will remain in its present location for some time, negating the need to provide access to the airport through the subject property. 2. The Parties acknowledge that the original Conditional Zoning Agreement required that access be provided to properties both north and south of the subject property. 3. The original Conditional Zoning Agreement dated February 23, 1993 and recorded in Book 1514, Page 205 of the Johnson County Recorder's Office shall be and is hereby amended by deleting Section 4.b in its entirety and inserting in lieu thereof the following: 2057 race 155 b. Future development of the Dane tract shall include an internal circulation drive which will provide access to any development on the annexed property, as well as access to the property located north of the Dane tract. This internal drive and access shall be shown on all site plans for future development. 4. The Parties acknowledge thatthe conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (1995) and are appropriate conditions required to protect the public safety of both the residents in the area and the community. Owners acknowledge that in the event the subject property is transferred, sold, redeveloped or subdivided, all redevelopment will conform with the terms of this Agreement. 6. The Parties acknowledge that this Amended Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land and shall remain in full force and effect as a covenant running with the title to the land, unless or until released of record by the City. The parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the parties. 7. Nothing in this Agreement shall be construed to relieve the Owners from complying with all applicable, local, state and federal regulations. 8. Nothing in this Amended Conditional Zoning Agreement in any way alters, amends or modifies the original Conditional Zoning Agreement except as set forth above. 9. The Parties agree that the Iowa City City Clerk shall record this Amended Conditional ZoningAAgreeement in the Johnson County Recorder's Office at Owners' expense. Dated this CST day of APPLICANT 4.:_205-1 AGI 156 1996. CITY OF IOWA CITY, IOWA By. Naomi J.(Novicl a or ATTEST:_ - ) X6dC.� Mari I .ty Clerk i314�,(� 644 CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY) 1, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance. No. 93-3563 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16thday of March _'119 93 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 24th day of March 19 93 . Dated at Iowa City, Iowa, this 18th day of May , 19 93 Susan Walsh Deputy City Clerk CIVIC CENTER . 610 E. WASHINOTON ST. IOWA CITY IOWA 52260-1626 F� +�mQcea 1wd.h.cn PHONE (719) 736.3000 FAX(519) 356-3009 Printer's fee $ //4 ?-.2- CERTIFICATE .2 - CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN FED. ID # 42-0330670 I, Margaret Rios, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): ?�?n ,-I ay / 9?3 Legal Clerk Subscribed and sw to befo e me thisday of A.D. ff Notary Public BS SHARON STU to S89 -48'67'E, a recorded bearim, along he North One of said Northwest Owner of S.O. 21, 492.80 fast, to a print « the SouHwastedy Rightof-Way One of laws Primary Road No. 1, which la tie POINT OF BEOINNIM; Theme S89148'37'E, alone mid North One of the Northwest Owner of Section 21, 826.86 test, to has Norman Camel of the Northwest Owner of said NoMwest Owner of Section 21; TM«e WI -47'41-W, alpg the East One of vas Nordlweit Carl 583.50 leer, to Its Intersection with the Northerly ON, of the 40.04 Ape Parwl acquired by Comooft. do.. In the name al los any of Iowa City, tows, 1M prnmagnga of wNch am «aded W Sock 904, at Page 71, of the records of the Johnson County socadeM1 Officer Thee S71^WOO-W, along said NortMdy One, 890,50 feet, to an N« Nn Fowl on said Northerly two; TM«e N74122'00'W, along said Hooker, Une, 500.40 feet, to speW nt on e West UM of mid. Northwest Owner of Section 21; Thence NOI 145'00'9, flung said Weal Une, 70.08 feet. to its intern .con wigs said Sanwrastedy Right,,r.Way One of low. Primary Road No. 1; Thence 1437s25'08 -E, along said Soarheastedy Oft, B44.82 last, to the Point or Beginning. .Said Tract of and comes 19.18 acres, mare ar Intl, aro a r abiecl to ..temente ant ..".U.. of N. SECTION N ZONINGMAP. The BGWIng Inalftm I. hereby aatherimd ant directed to clenpe she Zonine Mee of the City Of Iowa City, Iowa, to cpnlarm to this amendment up« final "-am-, epprwel ant pabilt.fth of this anthem. as prwWed by Nw and netiflcdilon tom the city development board that annexation is completed. IE��II cana�gLA. The May« N hereby awheNxad and directed to gen, .nd 1M City Chink to angst, the Conditional Zoning Aoosm of between that owner. of the Property ant the City, and W c&" the Prdinenee and COMithenal Zoning Agraement fpr recadatan in the Johnston County Recorder's Oflke, following final "asa9e end approval, and hodficatton from form W" consignment board that the annexation Is cormlete. SECTION V HEREALIER All crdina«es and Parts of ardinarwn N conflict with he ploOl ons of this ddinanee are hereby I.Proled. SECTION V SEVERABIL if arc/ Sesotho, provabn Or on of the Ordlnenee sheX be m1mi d to be 1rrvaM a uxomllWllawl, anch adludkatan shell net arfeM the valMlty of he Ordinance is a whole or arty, secbnn, prwlNan V On thereof not aclndged irw gW or wwautiNwe . SECTION WWF EFFECTIVE ATE, TW Ondirenee atoll be In effect alter its Most Pat ..... .monwl ant pWlklHan, as mMdra l W few. Passed and s«roved Ws f,,h day of March .1993. RYON 1 4- 3 -paof- OFFICIAL PUBLICATION ORDINANCE NO, .a3+3.56a AN ORDNANCE AMMDNO THE ZMWG.ORDWMCE By CONURIONALLY CHANGING THE USE MULATMS OF AMIIO%M MY 19.1E ACRES LOCATED EAR. OF THE MNISE M OF HIGHWAY 1 AND SUNSET RRM FROM COUNTY COMMERCML IC -21 AND RURAL M-11 TO MBMNE COMMERCIAL (C411.. WHERBAS, the dubl«t Pm m" i! 'aloo ly located ootake he Iowa City carpe.(. limns; and WHEREAS, the owner of saw yroWrty we netitiuned the City of low, City for voluMery aonmetWn hese the City la pmceadbq wkh m.; arse' WHEREAS, Named follow. Code 1388.7, inorom on of the property mast bo apprwad by both ge City and the CRY cavMopnwM bodrd; and WHEREAS, the vmpoNd Intensive Comm Bial ICI. -11 aONng Nwhict to eoMM conditions a c.."Aft with the adlacm, cc.n rcial ant hakswal mnklg ant devebpmenn and WHEREAS, Iowa law pn'I'm cost the City of Iowa Ciry may Impose reasonable conditions on pontine the ApyewM'. nteNry r".at. neer ant at aaaWg reooagans. W Order W setHypulela need! directly cawm by int EIREASd the City Ms a policy to paaferva ant enMnea the a laws City, Iowa; ant WHEREAS, Hlghwoy Is IM Primary enbanee Into lows w EREAS, Highway Ciry 1'.. the aoumwnsaens VAIFflEAS, the hes agreed Oevebp Wa npeRy In Zoning Age with the term! Wad conditions a ncoApplicantMth weaPOof Conditional, order W ensure appropMte C no... In d t .1I. o sew Gry. BE Ir 9Y THE Cfry NOW, `Het FO E, BE IT Now, `THEREFORE, CITY, A I COUNCIL OF THE CRY OF IOWA CRY, IOWA THAT: THE IT I. APPROVAL. Sublets to 1M dry dearoft e,nny balR of mai IXOo approving the regwt Ver of 10. City tone cescnTod bebw Into the City of Iowa Ciry and described Abate teams arts u of Conditional Zby Aereemam Mrsin by referee, arse hosing a or . and Wcarpo 1414.5, gareto Ie pros,Wwa Code, Hft property HharemreralIC-2 lam or, ha st of Ceonry CI al IC -21 ant Wit to mewwan -1): Rural VY9 to Intensive Commemawest Comer of at Ow C Ce So tine Northwest owner of Section 21, Ranh, Owner Township 79 1krN,9 West, al Ne stn Pnn Oipal Merid.r1d ian; Thence S89 -48'67'E, a recorded bearim, along he North One of said Northwest Owner of S.O. 21, 492.80 fast, to a print « the SouHwastedy Rightof-Way One of laws Primary Road No. 1, which la tie POINT OF BEOINNIM; Theme S89148'37'E, alone mid North One of the Northwest Owner of Section 21, 826.86 test, to has Norman Camel of the Northwest Owner of said NoMwest Owner of Section 21; TM«e WI -47'41-W, alpg the East One of vas Nordlweit Carl 583.50 leer, to Its Intersection with the Northerly ON, of the 40.04 Ape Parwl acquired by Comooft. do.. In the name al los any of Iowa City, tows, 1M prnmagnga of wNch am «aded W Sock 904, at Page 71, of the records of the Johnson County socadeM1 Officer Thee S71^WOO-W, along said NortMdy One, 890,50 feet, to an N« Nn Fowl on said Northerly two; TM«e N74122'00'W, along said Hooker, Une, 500.40 feet, to speW nt on e West UM of mid. Northwest Owner of Section 21; Thence NOI 145'00'9, flung said Weal Une, 70.08 feet. to its intern .con wigs said Sanwrastedy Right,,r.Way One of low. Primary Road No. 1; Thence 1437s25'08 -E, along said Soarheastedy Oft, B44.82 last, to the Point or Beginning. .Said Tract of and comes 19.18 acres, mare ar Intl, aro a r abiecl to ..temente ant ..".U.. of N. SECTION N ZONINGMAP. The BGWIng Inalftm I. hereby aatherimd ant directed to clenpe she Zonine Mee of the City Of Iowa City, Iowa, to cpnlarm to this amendment up« final "-am-, epprwel ant pabilt.fth of this anthem. as prwWed by Nw and netiflcdilon tom the city development board that annexation is completed. IE��II cana�gLA. The May« N hereby awheNxad and directed to gen, .nd 1M City Chink to angst, the Conditional Zoning Aoosm of between that owner. of the Property ant the City, and W c&" the Prdinenee and COMithenal Zoning Agraement fpr recadatan in the Johnston County Recorder's Oflke, following final "asa9e end approval, and hodficatton from form W" consignment board that the annexation Is cormlete. SECTION V HEREALIER All crdina«es and Parts of ardinarwn N conflict with he ploOl ons of this ddinanee are hereby I.Proled. SECTION V SEVERABIL if arc/ Sesotho, provabn Or on of the Ordlnenee sheX be m1mi d to be 1rrvaM a uxomllWllawl, anch adludkatan shell net arfeM the valMlty of he Ordinance is a whole or arty, secbnn, prwlNan V On thereof not aclndged irw gW or wwautiNwe . SECTION WWF EFFECTIVE ATE, TW Ondirenee atoll be In effect alter its Most Pat ..... .monwl ant pWlklHan, as mMdra l W few. Passed and s«roved Ws f,,h day of March .1993. RYON 1 4- 3 P�r z o4 -_-, i. CONDMOW'ZONIN0AOREEMENT - 7w9 AQkEMENi' Is nryonels by end between Harold John Dar*: W,, VW. O .Delia. (Mrofndltir Dwmefsy add tits CNy of lovra *ty, a;Mwftd DorPcP"dff?rl (hat8fnigldlrOtyy. . le"'I >... t „� pl,C - WHEREAS. Owvhero hoe requested the CUY'to anrnp ,and rezone ppproidma y {� ., as of bid ldaA$ )I asst of Highway 1 and west of the law. Chy Munldpal Al=MW M.. FxMb'n f"A'^' l'tttacMd hehlo,.thom.C•Coun}�or�perpa4 ar}d yy,�,tt•.�.€lwela 3 &.d'g��e: Conhmerga; sand : • ., , �, .. . cr' 8.`I WHERP.AS.:the ptopbead-toning b dOMPitble Ahthe adjac" cdmmird(y�'#nd•lhdU.ino. t_ ;t;! .?et'a!oWSa!¢J and ;fir .: , l?'tic ted by the "Uta M ithetige; sea 1:71 :. "r - ' t _' 1t11\t '4�9t. ft 1111JJ� . preaerhie and erh)haiq,tte enfrancaeh Iowa Gay, Iowa and: ryerNanoo to Iowa City from the southwest; and '.. - ;tx, a rIIli'+.r,C ... yt4 E �e,Qd73�+aa,;r r� ;a ofrtn !r l(veh{�rorPiaes� ntNnetl hereto the artles aQ 5p..reae NaI11K d4i.Y HCY.W:tS. R.t$ 1. Harold John Dane, Jr. and 9;ti"IJe' .: . ,:. aerht`wte; are,imraiero and teal iMle holders of anapproxlmatey"tg: aoi tr'aoi 11e�d ' ernartef-Dke hacr)15dated e4at . of Highway Y and west of the loft City Municipal Mrport, more particularly described on Exhlbt A"atfaahod.hereto. 9 • The Parties acknowledge that loy)'a�61ty has a policy, a 'atated ki;the Comprehensive Plan, to preserve, end enhance ",the entrahae-'to lows -City. Owners agree and acknowledge that; mit policy Is 'reasonable,"proper and appropriate under the. circumstances 3. The parties agree that Highway 1 Is's primary entryway to lows City from the Southwest. Owners aeknawle(1ge that the Cily'e Policy concerning entrances governs the rezoning request and,.iherefofe,.agree to certain conditions over and above City reguleal ns'In order to lessen the impact of the development on. the surrounding area. 4.. ki Order to Provide for attractive development at the southwest entryway to the City; to assure the coordinated development of the above-described land so as to minkNce fra)fic conflicts In the area, and to Jessen the knpact of the development ori the surrcundmg area, Owners agree that tie development of the Dane tract w111 conform to the IONOW rrg eonrl(tbne: . e -,The development suet have only one vehlcular access polm onto Hlghway;l .which #hail be located at Sunset Street. No addlilonal vehicular access pakits . onto Highway 1 shall be permitted... _ b• Future development of the Dane tract Shall Include an internal Wculatf ridd4e which will provide access Wanly development on the annexed property, sa won ,as access to the Properly located to the north and South of the Dane tract. This �r 9if9x1.8 be Shown of) an ane plane for luture decal mem; 4� Y alk 't k ;'tit eP e Any and as knprovemente to the interaectlon of Sunset Drive erd'Faunwm.� r .. d yg .tlfJ° 1 V irg Rf!(*ONdsceleraton lanes for the nonhe"Ibound lan4s n rnSi da _ L Engineerki conjunction with the Iowa Department x9 , rare po "rift, imine what lmpmvaments are necessary and ro date. 2. + d outdoor storage merchandlss Or material shat occur within IOU feet of fits 'Highway 1:d9M-Ct-w�ay.16tcraga aroas located beyond 1 DO last of fits Fpghway v.rlgM-or-W 1 lined with a load wall gat- least t feat in. K, A . d land re lmum of 15 feet In width shall ale tocated,adjacaht lo AWltA�a t}Nne r3,a tr4ta concept pian pluekatkp a tree planUnq-ptan•tor P I rwed bythe Director of Planning and mu i nt e (_o Ing docks !!a/ gcOlvUhg areas shall not be ated on any wan :lacing 1 uMeap 0 ped.from view by s bulldln Loading docks lo other F. Nin Highway 1' shat be screened. , Y 'tUul t.}fUlkMgaOn the Dane tract shall be cortipaU6le in syja mg, we tf +llding rthata the eXcaptlon of trim elevaitone; visible from a ubto mAt4eet shetbe in Ich may Include fired brick, stone or similar materlW, dr 90f{ and stucco or tics ma wthgg used m comsbii U. vel olherrm 11ceh. Anematve s"zda)7 be tuba ti i �ffl4t4t1.?iPJanflif DOrm^atamYDwalabhli a4thatft.4 (R1aS aw}�1r4 as rfhiYr¢OM of Uteggre0 nL I elevations VL"**a": . f al^t't4 pygst[Ilniali4d (scads. Rooflo(S mi4Ianlcal devices:etiap ba . t "JQ 3 f .3 {I. Ila�y W a141 parklnp a4»as shall have planted landscape beds Al least 15 h. Ag rfaMahe9 bY'tenpktatad whh awtdecrlpe bed a minimum otSbet in vddth. the' IUWt knd�oapa �SQR an be pNnted with paparking lot ueas *high may Jxarig. ` tray otherwise required by City od(nanoes... L No '--than lvro hes starding .Signe shd�;be pemibled ori the line tract . j.. _.Aa signage gxtures shelf be tadfof n throughout the development, q k. If slgnage is to be lighted. It $hall be Internally itlumpla i �:y 1,Gitz % I. All parking for light fixtures shall he consistent throughoul*a"> . r'q- M. All fighting Shelf be downcast' far ,,. t+ n Landscape t)eds a miNmum of 5.feat In:wlMft shall !ja 1xoNdad afatp at 25% lot from.bylpipg.Navations;;end 1TIaIf be planted with L Jadety of eva� end tlecldi' shrubber/. t5 1 , ,.: v , o. mare ensu 1» a 30 Wo1'letbdttlifropr Mghway 1 whop ejtal1 be lana a mllnure of evergreenand deciduous pees,. No perkjng''a peving 1, ,men eklewalks shalt be afiowed wNhin shits 30106t setback, �U.t-!.. 5. The Owners agrge that each and every development on the JjBns erect mus reJbml�a development con opt plan to the Department of Planning and Community eb1 prior to development, The Director of Planning and Community Development ¢}liefi review and approve the concept plan based on the criteria listed above:_. The Dfreaorrrpay approve 0neaps_ plan .containing minor modifications lo.3ho cmeria Rated above, provided ihpMocift Ions sobatamially seeefy the, Intent the criteria Decisicna of the Director may be appealed to the City Council upon recommendation of the Planning Orld Zoning Commission. 5. The Owners acknowledge that the conditions contained herald are reasonable conditlene to Impose on the land under Iowa Code g 414.5 (1991), and,that said conditions air* appropriate to satisfy public needs caused directly by the requested zoning chengd:; 7. The Partf rs,acknowladge that this Agreement $hall be doomed to tie a covenant ruorting with the land and with pike to the land and shell remain In lull force and affect &).a covenant running whh the title to the land unless or pntli released of record' by tho,ft. The Panties further acknowledge that this Agreement shall inure to the benept of and bind all successors, representatives and easigns of the ponies. e. Owners acknowledge that in the event the subject properjy is transfail PYOk redeveloped, or subdivided, all redevelopment will conform with the 1 me o thd Agreement 'tr 9. The Oymarj acknowledge that nothing in this Agreement shelf be 66jisbuetl regeya�t fir owners liom'comptying with all **Icable federal, oval and etate.regulatkms l i r r't 10. The Parties agree that this CorWklonel Zoning Agreement ehfell'tie Ineorpu reference Into the Ordinance rezoning the subject property end tflat upon ado publiegilep of the Ordinance, this Agreement a be recorded N the Johnson Record'er's Office, i) t; Dated this go J day of , 1999. APPL'CANT - CITY, OP IOWA CITY l Herold John AL Otis, Jr. ..,+ -:Darrel O Mayos ;. ,;A BY Allegra 6. Daft Ian K Karr, City Clark 09437 March 44,1997 �. 0"d. BK - ORDINANCE NO, 93-3563 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDRIONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 19.18 ACRES LOCATED EAST OF THE INTERSECTION OF HIGHWAY 1 AND SUNSET STREET FROM COUNTY COMMERCIAL (C-2) AND RURAL (A-1) TO INTENSIVE COMMERCIAL (Cb11). WHEREAS, the subject property is presently located outside the Iowa City corporate limits; and WHEREAS, the owner of said property has petitioned the City of Iowa City for voluntary annexation and the City is proceeding with same; and WHEREAS, pursuant to Iowa Code 1368.7, annexation of the property must be approved by both the City and the city development board; and WHEREAS, the proposed Intensive Commercial (C1-1) zoning subject to certain conditions is compatible with the adjacent commercial and industrial zoning and development; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting the Applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the City has a policy to preserve and enhance the entranceways to Iowa City, Iowa; and WHEREAS, Highway 1 is the primary entrance into Iowa City from the southwest; and WHEREAS, the Applicant has agreed to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement in order to ensure appropriate development at this entrance to the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I. APPROVAL. Subject to the city development board approving the requested annexation of the property described below into the City of Iowa City and subject to the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated herein by reference,.and 5414.5, Iowa Code, the property is hereby reclassified from its present, classification of County Commercial (C-2) and Rural (A-1) to Intensive Commercial (CI -1): Commencing at the Northwest Corner of the Northwest Quarter of Section 21, Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence S89048'37"E, a recorded bearing, along the North Line of said Northwest Quarter of Section 21, 492.80 feet, to a point on the Southeasterly Right -of -Way Line of Iowa Primary Road No. 1, which is the POINT OF BEGINNING; Thence S89048'37"E, along said North Line of the Northwest Quarter of Section 21, 826.66 feet, to the Northeast Corner of the Northwest Quarter of said Northwest Quarter of Section 21; Thence S01 °47'41 "W, along the East Line of said .... ...n .. • .. ..... .. .. > ... . .. . ...... u � ... u x... .�...r .�. •� .... .. .. a .. r ..n.f.Yl w..w. u n . •....� .....4. h ..,... ...... .�� ..... w.. Ordinance No. z_ 15 3 Page 2 Northwest Quarter, 583.50 feet, to its Intersection with the Northerly Line of the 40.04 Acre Parcel acquired by Condemna- tion, in the name of the City of Iowa City, Iowa, the proceedings of which are recorded in Book 904, at Page 71, of the records of the Johnson County Recorder's Office; Thence S71 °00'00"W, along said Northerly Une, 890.60 feet, to an Iron Pin Found on said Northerly Line; Thence N74022'00"W, along said Northerly Line, 600.40 feet, to a point on the West Line of said Northwest Quarter of Section 21; Thence N01 °45'00"E, along said West line, 70.08 feet, to Its intersection with said Southeasterly Right -of -Way Line of Iowa Primary Road No. 1; Thence N37025'O8"E, along said Southeasterly Line, 844.82 feet, to the Point of Beginning. Said Tract of land contains 19.18 acres, more or less, and is subject to easements and restrictions of record. SECTION If. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval and publication of this Ordinance as provided by law and notification from the city development board that annexation is completed. SECTION III. CONDITIONAL AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the owners of the property and the City, and to certify the ordinance and Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office, following final passage and approval, and notification from the city development board that the annexation is complete. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and approved this 16th day of March, 1993. MAYOR Ordinance No. Q3—,t5A4 Pape 3 Approved by City Attorney's Office �3 npd**rJnWm@h d.«d r .- It was moved, by McDonald and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x _ Novick First Consideration 2/23/93 Vote for passage: AYES: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. NAYS: Kubby. ABSENT: None. Second Consideration 3/2/93 Vote for passage: AYES: Ambrisco, Courtnye, Horowitz, Larson, McDonald, Novick. NAYS: Kubby. ABSENT: None. Date published 3/24/93 02/23/93 08:32 T7319 304 6962 PHELAN. TCCKFR CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between Harold John Dane, Jr. and Allegra G. Dane (hereinafter "Owners") and the City of Iowa City, a Municipal Corporation (hereinafter "City"). WHEREAS, Owners have requested the City to annex and rezone approximately 19.18 acres of land located east of Highway 1 and west of the Iowa City Municipal Airport, legally described In Exhibit "A" attached hereto, from C-2, County Commercial, and A-1, Rural, to 01-1, Intensive Commercial; and WHEREAS, the proposed zoning is compatible with the adjacent commercial and industrial zoning and development; and WHEREAS, Iowa Code § 414.6 (1991) provides that the City of Iowa City may impose reasonable conditions on granting Owners' rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the City has a policy to preserve and enhance the entrances to Iowa City, Iowa; and WHEREAS, Highway 1 is the primary entrance to Iowa City from the southwest; and WHEREAS, Owners acknowledge that certain conditions and restrictions are appropriate in order to ensure appropriate development and to lessen the impact of the development of this entrance to the City. NOW, THEREFORE, in consideration- of the mutual promises contained herein, the parties agree as follows: 1. Harold John Dane, Jr. and Allegra G. Dane, husband and wife, are owners and legal title holders of an approximately 19.18 acre tract of land (hereinafter "Dane tract") located east of Highway 1 and west of the Iowa City Municipal Airport, more particularly described on Exhibit "A" attached hereto. 2. The parties acknowledge that Iowa City has a policy, as stated in the Comprehensive Plan, topreserve and enhance the entrances to Iowa City, Owners agree and acknowledge that this policy is reasonable, proper and appropriate under the circumstances. 3. The parties agree that Highway 1 Is a primary entryway to Iowa City from the Southwest. Owners acknowledge that the City's policy concerning entrances governs this rezoning request and, therefore, agree to certain conditions over and above City regulations in order to lessen the impact of the development on the surrounding area. 4. In order to provide for attractive development at the southwest entryway to the City, to assure the coordinated development of the above-described land so as to minimize traffic conflicts In the area, and to lessen the impact of the development on the surrounding area, Owners agree that the development of the Dane tract will conform to the following conditions: R@ 004 b2/23/93 08:33 %Y319 354 6962 PHELAN. T1 CARR 2• a. The development shall have only one vehicular access point onto Highway 1 which shall be located at Sunset Street, No additional vehicular access points onto Highway 1 shall be permitted. b. Future development of the Dane tract shall include an internal circulation drive which will provide access to any development on the annexed property, as well as access to the property located to the north and south of the Dane tract. This internal drive system shall be shown on all site plans for future development. C. Any and all improvements to the intersection of Sunset Drive and Highway 1 required to accommodate the proposed development shall be built at the Owner's expense. These improvements may include, but are not limited to, upgrading the traffic light, constructing a left -turn lane for the southwestbound lanes of Highway 1, and constructing acceleration/deceleration lanes for the northeastbound lanes of Highway 1. The City Traffic Engineer, in conjunction with the Iowa Department of Transportation, shall determine what improvements are necessary and appropriate. d. No outdoor storage of merchandise or material shall occur within 100 feet of the Highway 1 right-of-way. Storage areas located beyond 100 feet of the Highway 1 right-of-way shall be screened with a solid wall at least S feet in height. A planted landscape bed a minimum of 15 feet in width shall be located adjacent to the wall. Owners shall submit a concept plan illustrating a tree planting plan for the landscape beds, to be approved by the Director of Planning and Community Development. e. Loading docks and receiving areas shall not be located on any wall facing Highway 1 unless screened from view by a building. Loading docks in other locations which are visible from Highway 1 shall be screened. All buildings constructed on the Dane tract shall be compatible in style and use of building materials. With the exception of trim, elevations visible from a public street shall be masonry, which may include fired brick, stone or similar material, dressed concrete block, and stucco or like material when used in combination with other -masonry finish. Alternative building materials may be substituted if the Director of Planning and Community Development determines that the use of such other materials satisfies the intent of this Agreement. All elevations visible from Highway 1 shall have a finished facade. Rooftop mechanical devices shall be screened. g, The periphery of all parking areas shall have planted landscape beds at least 15 feet in width. h. All parking rows shall be terminated with a landscape bed a minimum of 9 feet in width. The landscape beds shall be planted with parking lot trees. which may count towards the parking area trees otherwise required by City ordinances. I. No more than two free standing signs shall be permitted on the Dane tract. ro 005 02/23/93 08:34 U319 354 6962 PRELAN, TUCKER 10006 3 - All signage fixtures shall be uniform throughout the development. k. if signage is to be lighted, it shall be internally illuminated. All parking lot light fixtures shall be consistent throughout the development. M, All lighting shall be downcast. n. Landscape beds a minimum of 5 feet in width shall be provided along at least 25% of front building elevations, and shall be planted with a variety of evergreen and deciduous shrubberl, o. There shall be a 30 foot setback from Highway 1, which shall be landscaped with a mixture of evergreen and deciduous trees. No parking or paving other than sidewalks shall be allowed within this 30 foot setback. 5. The Owners agree that each and every development on the Dane tract must submit a development concept pian to the Department of Planning and Community Development prior to development, The Director of Planning and Community Development shail review and approve the concept plan based on the criteria listed above. The Director may approve a concept plan containing minor modifications to the criteria listed above, provided the modifications substantially satisfy the intent the criteria. Decisions of the Director may be appealed to the City Council upon recommendation of the Planning and Zoning Commission. 6. The Owners acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code§ 414.5 {1991}, and that said conditions are appropriate to satisfy public needs caused directly by the requested zoning change. 7. The Parties acknowledge that this Agreement shall be deemed to be a covenant running with the land and with title to the land and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the parties. 8. Owners acknowledge that in the event the subject property is transferred, sold redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. 9. The Oyaners acknowledge that nothing in this Agreement shall be construed to relieve the Owners from complying with all applicable federal, local and state regulations. 10. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office. Dated this day of 1993• 02/23/93 08:35 TY319 354 6962 PHEIAN. TUCKER 10007 APPLICANT Approved by: City Attorney's Office��e3 STATE OF CALIF, } } SS: iCc70 COUNTY ) -4- CIVY OF • J� •. - Attest: Manan K. Karr, City Cierk OFFICIAL NOTAR SEAL .� DE90RAHLEELOVELACE Notary PUW — CeNlomla SAN DIEGO COUNTY Abr .. e.._.___ On this _�,�, day of *:'oE (3. , 1993, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Harold John Dane, Jr. and Allegra Dane, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Qf! � Notary Public in and for the State of California STATE OF IOWA ) ) SS: JOHNSON COUNTY ) day bf Marrl� 1993, before me, Sondra _ Q a Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Ordinance No. a � 3SL 3 passed by the City Council on the & r4 day of /&rd, , 199*6 , and that Darrel G. Courtney and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa ppdadminldane.cza /I Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-3565238 (REZ20- 01) Ordinance No. An ordinance conditionally rezoning approximately 0.53 acres of land located at 1335 Highway 1 West from Intensive Commercial (CIA) to (CIA). The request is to modify the conditions associated with the property's zoning designation in order to reduce the required landscaped front setback area along Highway 1 from 30 feet to 10 feet, with landscaping consisting of ornamental trees and a mix of evergreen and deciduous shrubs and no parking or paving other than sidewalks. (REZ20-01) Whereas, the applicant, Focus, has requested a rezoning of property located at 1335 Highway 1 West from Intensive Commercial (CI -1) to (CI -1) for approximately 0.53 acres to modify the conditions associated with the property's zoning designation in order to reduce the required landscaped front setback area along Highway 1 from 30 feet to 10 feet, with landscaping consisting of ornamental trees and a mix of evergreen and deciduous shrubs and no parking or paving other than sidewalks; and Whereas, the Comprehensive Plan indicates that the subject area is appropriate for intensive commercial development; and Whereas, this rezoning satisfies public needs by preserving and enhancing gateways into the City by requiring specific landscaping and product screening standards, and by_promoting pedestrian -oriented development by securing an access easement, which is intended for use of a future sidewalk connection; and Whereas, to ensure that the following policy goals from the comprehensive plan related to preserving and enhancing gateways into the City and promoting pedestrian -oriented development are accomplished, the following conditions are proposed; a. The development shall have only one access onto Highway 1 which shall be located at Sunset Street. No additional vehicle access points onto Highway shall be permitted. b. No outdoor storage of merchandise or material shall occur within 100 feet of the Highway 1 right-of-way. Storage areas located beyond 100 feet of the Highway 1 right-of-way shall be screened with a solid wall at least 6 feet in height. A planted landscape bed, a minimum of 15 feet in width shall be located adjacent to the wall. Owners shall submit a concept plan illustrating a tree planting plan for landscape beds, to be approved by the Director of Development Services. C. There shall be a 10 -foot setback from Highway 1, which shall be landscaped with ornamental trees and a mixture of evergreen and deciduous shrubs. No parking or paving other than sidewalks shall be allowed within this 10 -foot setback. Ordinance No. Page 2 d. Prior to the issuance of a building permit, approval of a landscaping plan by the City Forester, consisting of ornamental trees and a mixture of evergreen and deciduous shrubs to be located within the reduced setback area. e. Provision of an access easement along the west side of the landscaped area of a size and in a location to be determined in coordination with the City Engineer, which shall be dedicated to the City, in a form of agreement acceptable to the City Attorney. Whereas, there is a public need to preserve traffic flow and reduce the number of vehicular access points onto Highway 1 West; and Whereas, there is a public need to preserve aesthetics on City entryways by screening items used for outdoor storage and by implementing specific standards for landscaping along entryway corridors; and Whereas, there is a public need for facilitating pedestrian -oriented development by filling in gaps in the City's sidewalk and trail network and providing crosswalks where appropriate; and Whereas, the Planning and Zoning Commission has determined that, with reasonable conditions regarding satisfaction of public needs through the preservation and enhancement of City entryways and the promotion of pedestrian -oriented development, the requested zoning is consistent with the Comprehensive Plan; and Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that: Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby reclassified from its current zoning designation of Intensive Commercial (CI -1) zone to: CI -1: LOT 1 OF D AND L SUBDIVISION, IOWA CITY, IOWA, IN ACCORDANCE WITH'fHE THE PLAT THEREOF RECORDED IN BOOK 35, PAGE 86 OF THE RECORDS OF THE -JOHNSON COUNTY RECORDERS OFFICE. Section II. Zoning Map. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. Page 3 Passed and approved this day of 20_. Mayor Attest: City Clerk Approved by: City Attorney's Office ev 0 N O � C--) q O Item Number: 11. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT May 19, 2020 Resolution amending the current budget for the fiscal year ending June 2020. Prepared By: Jacklyn Fleagle, Budget & Compliance Officer Reviewed By: Dennis Bockenstedt, Finance Director Ashley Monroe, Assistant City Manager Fiscal Impact: FY2020 budget revisions funded through new revenues or available fund balance Recommendations: Staff: Approval Commission: N/A Attachments: List of Amendments Resolution Executive Summary: The Finance Department requests the City Council consider amending the fiscal year 2020 annual budget on May 19, 2020. This is the third budget amendment for fiscal year 2020. Background /Analysis: Budget amendments are submitted to the Finance Department and reviewed for approval by the Finance Director and City Manager. A formal recommendation for a budget amendment is then prepared for City Council approval. The State of Iowa allows cities to amend the annual operating budget for supplemental appropriation authority. These changes may include new or revised revenue and expenditure projections, transfers between funds, and capital improvement plan changes. I ncreased expenditures must utilize available fund balance or additional revenue sources, as the State does not allow amendments to increase property taxes. According to the City's financial policies, amendments to operating budgets will be made only in the following situations: • emergency situations • transfer from contingency • expenditures with offsetting revenues or fund balance • carry-over of prior year budget authority for expenses that had not been paid as of the end of the fiscal year. This proposed budget amendment increases overall revenues and transfers -in by $6,369,462, as shown on Line 15 of the attached notice (see Revenues & Other Financing Sources, lines 1-15). The majority of the revenues being amended are for Transfers In (line 14) with an additional $5,346,041 for a debt service transfer for the Parking Fund lease -purchase early call. Intergovernmental revenue (line 9) is being amended by $482,964 for new Federal grants in response to the COVI D-19 pandemic. Other City Taxes (line 6) are being amended by $292,897 for changes to the Hotel/Motel tax. The section entitled Expenditures & Other Financial Uses (lines 16-28) provides for an increase in appropriations of $13,349,846. The majority of the increase in appropriations is related to Transfers Out (line 27) for $5,432,601. Business Type/Enterprise expenditures (line 25) have been increased by $6,981,325, primarily for the early call and debt service payment on the Parking Fund lease -purchase. The next largest increase in appropriations is for the Community and Economic Development program (line 20) and totals $756,946. The increase in this program primarily reflects the purchase of another UniverCity home and the expenditures for an additional CDBG grant related to the COVID-19 pandemic. The third largest program amendment is for Public Safety (line 16). This program is being increased by $88,562 and is primarily made up of additional expenditures related to the receipt of a Department of Justice COVID-19 grant. The Public Works program (line 17) has increased $75,000 primarily due to an increase for salt expenditures due to the large amount of snow and ice events this past winter. The net budgeted result to fund balances is a decrease of $6,980,384 (line 29). The Resolution for the third budget amendment of fiscal year 2020 is attached to this memo along with a detailed list of the individual amendments. ATTACHMENTS: Description List of Amendments Resolution STAFF PRESENTATION TO FOLLOW: FY2020 Budget Amendment #3 Iowa City Finance Department � r go CITY CITY OF lOVVA CITY 410 East Washington Street Iowa City, Iowa S2240-1826 (319) 356-5000 (3I9) 356-5009 FAX www.icgov.org 020 BUDGET NDMENT #3 of Iowa City Finance Department Revenues ■ Other City Taxes - $293,000 - Hotel/Motel Tax ■ Intergovernmental - $483,000 - COVID-19 related grants ■ Transfers In - 5,433,000 Debt Service transfer for Lease -Purchase Agreement Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues 8 Other Financing Sources Tates Levled on Property 1 fi6,296,fi53 0 60,29fi,653 Less: Unmlle Pmpery7axe5lery Year 2 0 0 0 Net Current Property Taxes 3 66,296,653 0 60,296,653 Delinquent Pmperty Taxes 4 0 0 0 mF Revenues 5 3,450,835 0 3,450,!135 other City Taxes 6 2,759,321 292,897 3,052,218 Licenses s Permits 7 2,073,060 0 2,073,060 U. or Marey and Property 8 3,504,655 0 3,504,655 Imergwemmemel 9 46,626,936 482,964 47,109,906 Charges for 3et'..s 10 46,634,658 0 46,634,656 specul Assessments 11 810 0 816 Miscellaneous 12 2,815,284 11,000 2,826,284 other Financing Swnxs 13 14,1d8,672 150,000 14,298,672 TransEW n 14 65,151,039 5,432,601 70,583,640 Total Revenues and Dther Sources 151 247,461,923 6,369,462 253,831,385 Revenues ■ Other City Taxes - $293,000 - Hotel/Motel Tax ■ Intergovernmental - $483,000 - COVID-19 related grants ■ Transfers In - 5,433,000 Debt Service transfer for Lease -Purchase Agreement Expenditures ■ Public Safety - $89,000 - COVID-19 grant expenditures ■ Public Works - $75,000 - Salt ■ Community & Ec Dev. - $757,000 - COVID-19 grant expendiutes; UniverCity purchase ■ Business Type - $6,936,000 - Lease -Purchase Agreement ■ Transfers Out- $5,433,000 Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Expend fWres 8 Other Financing Uses Pubic sarery 16 26,751,348 68,562 26,839,910 Pubic woks 17 10,714,557 75,000 10,789,557 rieabh 18 531,500 0 531,500 [uture ane Reoreadon 19 16,088,200 15,412 16,103,612 �munty and l oevdopmmr 20 12,l 756,94fi 12,804,108 cer�icm.emmeso 21 10,596,325 0 10,596,325 rxbt servce 22 13,048,333 0 13,048,333 capaai=roje� 23 64,420,852 0 64,420,852 Tari IAm.l Expendil 24 154,198,277 935,920 155,134,197 Business Type i Enterprises 25 73,613,844 6,961,325 80,595,169 Toter Gov Activdies S Business Expentl Hures 26 227,812,121 7,917,245 235,729,366 Trans mour 27 65,151,039 5,432,601 70,583,640 Toter ExpendWms mnstem GA 28 292,963,160 13,349,846 306,313,006 Expenditures ■ Public Safety - $89,000 - COVID-19 grant expenditures ■ Public Works - $75,000 - Salt ■ Community & Ec Dev. - $757,000 - COVID-19 grant expendiutes; UniverCity purchase ■ Business Type - $6,936,000 - Lease -Purchase Agreement ■ Transfers Out- $5,433,000 CONCLUSION: • Overall total impact to Fund Balance is a decrease of $6,980 • Third and final budget amendment for fiscal year 2020 STAFF PRESENTATION CONCLUDED � r rrM as � h CITY OF IOWA CITY 410 East Washington Strect Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www. icgov. o rg Program Fund Org Object Project Description Amount Line Other Notes 7505 75750905 473010 Landfill scale replacement 100,000.00 25 Into CIP - L3340 Scale replacement at the Landfill 2200 22710335 463110 Salt 75,000.00 17 Salt purchase after another snowy and icy winter 1000 10610220 471010 UniverCity Land Acquisition 150,000.00 20 1000 10610220 472010 UniverCity Land Acquisition 60,000.00 20 1000 10610220 392100 UniverCity Land Acquisition (150,000.00) 13 Purchase of an additional UniverCity property 1000 10210510 313300 Hotel/Motel Tax (55,724.00) 6 1000 10310710 313300 Hotel/Motel Tax (70,000.00) 6 1000 10410310 313300 Hotel/Motel Tax (105,874.00) 6 1000 10520264 313300 Hotel/Motel Tax (27,862.00) 6 1000 10520542 313300 Hotel/Motel Tax (33,437.00) 6 1000 10210510 448020 IC/Coralville CVB 55,724.00 20 Updates to the Hotel/Motel Tax 1000 10310710 490160 Hilton Garden Inn 70,000.00 27 2603 26310137 393910 Hilton Garden Inn (70,000.00) 14 2603 26310137 448070 Hilton Garden Inn 70,000.00 20 Updates to the Hotel/Motel Tax 7100 71810145 490060 Early call of Harrison St Lease 4,910,045.33 27 7102 71810170 490060 Early call of Harrison St Lease 435,996.00 27 7101 71810185 393310 Early call of Harrison St Lease (5,346,041.33) 14 7101 71810185 480100 Early call of Harrison St Lease 6,846,041.33 25 Potential early call of the Parking lease -purchase agreement 7600 76850110 369900 Service charges for simulator (11,000.00) 12 7600 76850110 473020 Flight Simulator 15,013.00 25 7600 76850110 455230 Website development 15,000.00 25 Previously unbudgeted airport expenditures and donations. 1000 10310400 490160 Low income discount transfers 7,000.00 27 7200 72720110 393190 Low income discount transfers (1,500.00) 14 7300 73730110 393190 Low income discount transfers (1,500.00) 14 7400 74740110 393190 Low income discount transfers (2,800.00) 14 7700 77770110 393190 Low income discount transfers (1,200.00) 14 Increase in donations to the low-income discount program. 1000 10610620 490160 Hist. Survey Grant 9,560.00 27 2300 23610299 393910 037 Hist. Survey Grant (4,100.00) 14 2300 23610299 393910 038 Hist. Survey Grant (3,350.00) 14 2300 23610299 393910 039 Hist. Survey Grant (2,110.00) 14 Transfers for State Historic Grants 8300 83310510 476130 906 Software 56,064.00 x 1000 10520420 413000 906 Temporary Employees 15,412.11 19 2500 25490190 449340 906 Moving & Relocation Expenses 10,800.00 20 8300 83310510 455120 906 Misc Computer Hardware 9,865.25 x 1000 10450110 469190 906 Minor Equipment 6,020.00 16 7200 72720122 469210 906 First Aid/Safety Supplies 5,270.70 25 1000 10410310 469210 906 First Aid/Safety Supplies 5,000.00 16 1000 10450110 464020 906 Uniform Clothing 5,000.00 16 Unbudgeted COVID related expenditures 3100 31410930 331100 Police Grant 3100 31410930 474420 Police Grant New DOJ COVID grant 2100 21610320 331100 CDBG Covid funds 2100 21610320 448010 CDBG Covid funds 2100 21610320 448060 CDBG Covid funds Additional CDBG funds in response to COVID -72,542.00 9 72,542.00 16 -410,422.00 9 205,211.00 20 205,211.00 20 7,046,313.39 State Form Program Lines Other City Taxes (292,897.00) Licenses and Permits Use of Money & Property Intergovernmental (482,964.00) Charges for Services Miscellaneous (11,000.00) Other Financing Sources (150,000.00) Transfers In (5,432,601.33) Public Safety 88,562.00 Public Works 75,000.00 Health & Social Services - Culture & Recreation 15,412.11 Community & Economic Development 756,946.00 General Government - Debt Service Capital Projects Business-Type/Enterprise 6,981,325.03 Transfers Out 5,432,601.33 Internal Service (not budgeted) 65,929.25 7,046,313.39 6 7 8 9 10 12 13 14 16 17 18 19 20 21 22 23 25 27 X Internal Service (not budgeted) (65,929.25) Excess Revenues & Other Financing Sources under Expenditures/Transfers Out 6,980,384.14 29 52-483 CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION - FY 2020 -AMENDMENT p3 To the Auditor of JOHNSON County, Iowa The City Council of Iowa City in said County/Counties met on 5/192020 ,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers Were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing. If any, thereupon, the following resolution was Introduced. RECEP/rT) JOHNSON V.0. !01,4A MAY 2 9 2020 RESOLUTION No. 20-136 i �i A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 2_ 020 �OUNTM A" TOR (AS AMENDED LAST ON 3242020 .) L11 � Be It Resolved by the Council of the City of owe Section 1. Following notice published 5/8/2020 and the public hearing held, 5/19/2020 the current budget (as previously amended) Is amended as set out herein and In the detail by fund type and activity that supports this resolution which was considered at that hearing: Pa S IVs19th dayofMayr,n7n .w..t r 16-12_-- S(Q" Signature CNy Cbrkf nes Officer Mayor Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues 8 Other Financing Sources Taxes Levied on Property 1 60,296,653 0 60,296,653 Less: Uncollected Property Taxes -Levy Year 2 0 0 0 Net Current Property Taxes 3 60.296.653 0 60,296,659 Delinquent Property Taxes 4 0 0 0 IF Revenues 5 3,450,835 0 3,450,835 Other City Taxan 6 2,759,321 292,897 3,052,218 Licenses 8 Pa mxs 7 2,073,060 0 2,073,060 Use of Money and Pmperty 8 3,504,655 0 3,504,655 Intergovernmental 9 46,626,936 482,964 47,109,900 Charges for Services 10 46,634,658 0 46,634,658 Spedal Asae inneroa 11 810 0 810 Mecellansous 12 2,815,284 11,000 2,826,284 Other FYundrp Sources 13 14,148,672 150,000 14,298,672 Transfers In 14 65,151,039 5,432,601 70,583,640 Total Revenue. and Other Sources 15 247,461,9231 6,369.462 253,831,385 Expenditures 8 Otfw Financing Uses pubic Safety 16 26.751 348 88,562 26 839,910 Public Works 17 10,714,557 75,000 10,789,557 Health arW Sodel Services 18 531,500 0 531,500 Culture and Recreation 19 16,088,200 15,412 16,103,612 Coanturifty and Economic Development 20 12,047,162 756,946 12,804,108 General Government 21 10,596,325 0 10,596,325 Debt Service 22 13,048,333 0 13,048,333 Capital Projects 23 64,420.8521 0 64,420,852 Total Government Activities Expendxures 24 154,198,277 935,920 155,134,197 Business Type l Enterprises 25 73,613,844 6,981,325 80,595,169 Total Gov Activities a Bushes Expenditures 26 227,812,121 7,917,245 235,729,366 Transfers Out 27 65,151,039 5,432,601 70,583,640 Total Expendituresrrnnsfers out 28 292,963,160 13,349,846 306,313,006 Excess Revenues 6 Other Sources Over (Under) ExpendaunsRnnsfers Our Fiscal Year 29 45,501,237 -6,980,384 -52,481,621 18eginning Fund Balance July 130 182,770,051 0 182,770,051 Ending Fund Balance June 30 31 15 14 -6,980,3841 130,288,430 Pa S IVs19th dayofMayr,n7n .w..t r 16-12_-- S(Q" Signature CNy Cbrkf nes Officer Mayor Resolution No. 20-136 Page 2 It was moved by Thomas and seconded by Weiner the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 13. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT May 19, 2020 Resolution approving purchase agreement with Summit Ridge, L.L.C. for Lot 1 of the proposed Community View Subdivision for future use as a fire station. Prepared By: John Grier, Fire Chief Reviewed By: Geoff Fruin, City Manager Fiscal Impact: $420,000 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Purchase Agreement Counter Offer Executive Summary: This acquisition is conditioned upon Council approval of a final plat for this subdivision and the installation of the public improvements necessary to utilize the land for the City's intended purpose as a fire station. Background /Analysis: Fire Station 3, opened in 1972, does not meet modern facility standards and lacks sufficient space to accommodate contemporary fire apparatus. The relocation of Station 3, coupled with the opening of Fire Station 5, will help enhance response time coverage in the central, east and south districts - areas that currently experience high call volume and protracted response times. ATTACHMENTS: Description Resolution Purchase Offer Counter-offer Prepared by: Sara Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution Number: 20-137 Resolution approving purchase agreement with Summit Ridge, L.L.C. for Lot 1 of the proposed Community View Subdivision for future use as a fire station. Whereas, as Iowa City grows and expands in boundaries, the Fire Department is faced with several response challenges related to increasing frequency of emergency calls and greater distances needing to be driven to respond to those calls; and Whereas, time is of the essence in responding to fire and medical emergency calls; and Whereas, a new subdivision, Community View, is being developed on American Legion Road, which contains a lot that would be well sized and located to accommodate a potential future relocation of the existing Fire Station 3further east to better address coverage gaps. Whereas, the City has negotiated a Purchase Agreement for the aforementioned lot subject to Council approval; and Whereas, the purchase price of $420,000 is based on a recent appraisal secured by the City and the seller; and Whereas, it is in the best interests of the City to acquire said property. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The attached Purchase Agreement is approved by the City Council. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the purchase of the property pursuant to the Purchase Agreement as approved herein. Passed and approved this 19th day of Attest: City Clerk Mayor Appro d by: �&, �.a, — City Attorney's Office (Sara Greenwood Hektoen — 05/14/2020) 2020 6 Resolution No. 20-137 Page 2 It was moved by Mims and seconded by Bergus the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bergus % Mims x Salih x Taylor % Teague % Thomas % Weiner PURCHASE AGREEMENT (NON-RESIDENTIAL) TO: Summit Ridge, L.L.C. (hereinafter "Summit Ridge" or "SELLER") The undersigned BUYER hereby offers to buy and the undersigned SELLER by its acceptance agrees to sell the real property situated in Iowa City, Johnson County, Iowa and legally described as: [Lot 1 of the proposed Community View Subdivision, consisting of approximately 67,974 square feet, located on American Legion Road in Iowa City, Iowa. LEGAL DESCRIPTION TO BE INSERTED ACCORDING TO PARAGRAPH 9.] together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions, customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions provided BUYER, on possession, is permitted to use the Property for public purposes. 1. PURCHASE PRICE. The Purchase Price shall be $420,000 to be paid in full at the time of closing and transfer of possession. 2. REAL ESTATE TAXES. Seller shall pay the 2019-2020 real estate taxes and any unpaid real estate taxes payable in prior years. Seller shall also give Buyer a credit for a prorated portion of the 2020-2021 real estate taxes, if any, assessed against the Real Estate. Buyer shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be based upon the most current assessed valuation, legislative rollback and applicable levy rate. 3. SPECIAL ASSESSMENTS. Seller shall pay all special assessments which are a lien on the Real Estate as of the date of closing and all special assessments due, but if not paid, would become delinquent during the calendar year this offer is accepted, and all prior installments thereof. All other special assessments shall be paid by Buyer. 4. RISK OF LOSS AND NSURANCE. The Property shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyer. SELLER shall bear the risk of loss or damage to the Property prior to closing or possession, whichever first occurs. SELLER agrees to maintain existing insurance, if any, and BUYER may purchase additional insurance. In the event of substantial damage or destruction prior to closing, BUYER shall receive insurance proceeds regardless of the extent of damages. The Property shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the closing date. 5. POSSESSION AND CLOSING. If the parties timely perform all obligations hereunder, possession of the Property shall be delivered to Buyer on May 30, 2021 or within 30 days after Council acceptance of those public improvements required to be installed pursuant to a subdivider's agreement executed at the time the subject property is final platted, whichever is sooner. Any adjustments of rent, insurance, interest and all charges attributable to the SELLER's possession shall be made as of the date of possession. Closing shall occur after the approval of title by BUYER and vacation of the Property by SELLER, but prior to possession by BUYER. SELLER agrees to permit BUYER to inspect the Property within 72 hours prior to closing to assure that the premises are in the condition required by this Agreement. If possession is given on a day other than closing, the parties shall make a separate agreement with adjustments as of the date of possession. This transaction shall be considered closed upon the delivery of the title transfer documents to BUYER and receipt of all funds then due at closing from BUYER under the Agreement. The closing date may be changed by agreement of both parties in writing. The City Manager may provide written approval on behalf of the BUYER. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. 7. CONDITION OF PROPERTY. Except as required by Paragraph 24 CONTINGENCIES herein, the property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the SELLER in its present condition until possession, ordinary wear and tear, and satisfaction of required contingencies herein, excepted. SELLER makes no warranties, expressed or implied, as to the condition of the property unless otherwise stated herein. Within ten (10) days after the acceptance of this Agreement, BUYER may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any structural, mechanical, plumbing, electrical, environmental, or other deficiencies. Within this same period, the BUYER may notify in writing the SELLER of any deficiency. The SELLER shall immediately notify the BUYER in writing of what steps, if any, the SELLER will take to correct any deficiencies before closing. The BUYER shall then immediately in writing notify the SELLER that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to BUYER. 8. ABSTRACT AND TITLE. SELLER, at its expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Agreement, and deliver it to BUYER's attorney for examination. It shall show marketable title in SELLER in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. SELLER shall make every reasonable effort to promptly perfect title. If closing is delayed due to SELLER's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten (10) days written notice to the other party. The abstract shall become the property of BUYER when the Purchase Price is paid in full. SELLER shall pay the costs of any additional abstracting and title work due to any act or omission of SELLER, including transfers by or the death of SELLER or its assignees. The abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Housing Finance Authority. 9. SURVEY. If a survey is required under Iowa Code Chapter 354, or city or county ordinances, SELLER shall pay the costs thereof. BUYER may, at BUYER's expense prior to closing, have the property surveyed and certified by a registered land surveyor. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. The legal description from the survey shall become the description of the Real estate for purposes of conveyance hereunder. 10. ENVIRONMENTAL MATTERS. A. SELLERS warrant to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea -formaldehyde foam insulation which require remediation under current governmental standards, and SELLERS have done nothing to contaminate the Property with hazardous wastes or substances. SELLERS warrant that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. SELLERS shall also provide BUYER with a properly executed GROUNDWATER HAZARD STATEMENT showing no wells, solid waste disposal sites, hazardous wastes and underground storage tanks on the Property unless disclosed here: B. BUYER may at its expense, within 90 days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Property. In the event any hazardous materials, substances, conditions or wastes are discovered on the Property, BUYER's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to BUYER. However, in the event SELLERS are required to expend any sum in excess of $1,000 to remove any hazardous materials, substances, conditions or wastes, SELLERS shall have the option to cancel this transaction and declare this Agreement null and void. The expense of any inspection shall be paid by BUYER. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by SELLERS, subject to SELLERS' right to cancel this transaction as provided above. 11. RIGHT OF ACCESS BEFORE CLOSING/INDEMNIFICATION. Prior to closing on the purchase of the Property, Buyer and its agents may have reasonable access to the Property for survey, soil tests, environmental investigation and other similar activities for the purpose of satisfying the contingencies and obligations of this Agreement. Buyer shall promptly repair and restore any damage caused by such access. Buyer hereby agrees to indemnify and hold harmless SELLER from any and all expenses, claims or losses arising from or in connection with any activities of BUYER, its officer, agents, employees or contractors on the Property prior to the closing date, including without limitation, any attorney's fees or court costs occasioned by such claims. 12. DEED. Upon payment of the Purchase Price, SELLERS shall convey the Property to BUYER by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by BUYER. 13. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If SELLERS, immediately preceding acceptance of the offer, hold title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the SELLERS, then the proceeds of this sale, and any continuing or recaptured rights of SELLERS in the Property, shall belong to SELLERS as joint tenants with full rights of survivorship and not as tenants in common; and BUYER in the event of death of any SELLER, agree to pay any balance of the price due SELLERS under this contract to the surviving SELLERS and to accept a deed from the surviving SELLERS consistent with Paragraph 15. 14. JOINDER BY SELLER'S SPOUSE. SELLER'S spouse, if not a title holder immediately preceding acceptance, executes this Agreement only for the purpose of relinquishing all rights of dower, homestead and distributive share or in compliance with Section 561.13 of the Code of Iowa and agrees to execute the deed or real estate contract for this purpose. 15. STATEMENT AS TO LIENS. If BUYER intends to assume or take subject to a lien on the Property, SELLERS shall furnish BUYER with a written statement prior to closing from the holder of such lien, showing the correct balance due. 16. USE OF PURCHASE PRICE. At time of settlement, the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 17. APPROVAL OF COURT. If the Property is an asset of an estate, trust or conservatorship, this Agreement is. contingent upon Court approval unless Court approval is not required under Iowa law and title standards of the Iowa State Bar Association. If the sale of the Property is subject to Court approval, the fiduciary shall promptly submit this Agreement for such approval. If this Agreement is not so approved by prior to closing, either party may declare this Agreement null and void, and all payments made hereunder shall be made to BUYER. 18. REMEDIES OF THE PARTIES. BUYER and SELLERS are entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall be entitled to obtain judgment for costs and attorney fees. 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by SELLERS and BUYER. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. This Agreement shall be construed and interpreted in accordance with the laws of the State of Iowa. 21. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. CERTIFICATION. Buyers and Sellers each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. 23. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted and delivered to BUYER on or before May 8, 2020, this Agreement shall be null and void and all payments made shall be returned immediately to BUYER. If accepted by SELLERS at a later date and acceptance is satisfied in writing, then this contract shall be valid and binding. 24. CONTINGENCIES. This Agreement is contingent on SELLER satisfying all of the following conditions prior to closing: a. The property will be subdivided and rezoned for use as a fire station. The parties acknowledge that the rezoning and subdivision approval is ultimately a legislative decision of the City Council and that Council does not have the authority to agree that the rezoning and subdivision will be approved as part of this agreement. b. All public improvements necessary to serve the City's intended use of the land will be installed and accepted by the City Council, including, but not limited to, streets, sanitary and storm sewer, and water, in accordance with City specifications and pursuant to a subdivider's agreement executed at the time the subject property is final platted. c. Access to public/private utilities (E.g. electricity, gas, phone, cable, and fiber optic) will be provided in accordance with City specifications. d. Preliminary site grading will be completed to accommodate development of a fire station in accordance with City specifications. The lot will be fully seeded and transferred as greenspace. e. Access to the lot will be available from Eastbrook Street and American Legion Road in accordance with City specifications. f. Sidewalk will be installed along all streets in accordance with City specifications. 25. IOWA CITY COUNCIL APPROVAL. The parties' obligations under this Agreement are contingent upon formal approval by the City Council for Iowa City. BUYER shall seek said approval promptly after acceptance of this Agreement by SELLER. If this Agreement is not approved by the City Council for Iowa City within 45 days after acceptance of this Agreement, this Agreement shall be null and void and all earnest money shall be returned to the BUYER. This Offer is presented to the SELLER on this r. I Z �6" day of 2020. BUYER CITY OF IOWA CITY, IOWA 410 E. Washington Iowa City, Iowa 52245 Geoff Fi ity Manager This Offer is accepted by SELLER on this day of 2020. SELLER NM Address: COUNTER-OFFER TO BUYER'S PURCHASE AGREEMENT (NONRESIDENTIAL) SELLER: Summit Ridge LLC BUYER: City of Iowa City PROPERTY: Lot I ofthe pi oposed Community View Subdivision, consisting ofapproximately 67, 974 square feet, located on American Legion Road in Iowa City, Iowa. (Exact legal description to be taken from Seller's abstract of title and inserted according to Paragraph 9 of Buyer's Purchase Agreement (Residential)) Seller hereby accepts the Purchase Agreement (Nonresidential) executed by Buyer for the property listed above dated April 28, 2020, subject to the following changes: 1. Section 5 - The first sentence is deleted and replaced with the following: "Possession of the Property shall be delivered to Buyer on September 30, 2021, or within 30 days after City Council acceptance of those public improvements required to be installed pursuant to a subdivider's agreement executed by both parties when the final subdivision plat fortheproposed Community View Subdivision is approved by the City Council, whichever is sooner. In the event no final subdivision plat has been approved by the City Council on or before September 30, 2021, the City Manager is empowered by the City Council's approval of this agreement to approve on behalf of Buyer a later date for possession and closing." 2. The remainder of the Purchase Agreement (Nonresidential), including the remainder of Section 5, shall remain unchanged. If this Counter -Offer is not accepted on or before 5:00 p.m., May 10 , 2020, it shall be null and void. Dated this - day of May, 2020. SELLER: Summit Ridge LLC By: /---- Jes5rkIlen,/,Vianager �h Accepted this � day of May, 2020. BUYER: City of Iowa City, Iowa By: Geoff Fru' , City Manager