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Home My WebLink About2016-09-20 ResolutionPrepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 16-271 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Blue Moose - 211 Iowa Ave. Studio 13 - 13 S. Linn St. Passed and approved this 20th day of September 2016 MAYOR ATTEST: / �,,, y� . 9K� CITY -CLERK Approved by City Attorney's Office It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: AYES: x x x NAYS: Dickens ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 3c(5) 3d(1) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 16-272 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY AND SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER DURING POLITICAL PARTY IC EVENT. WHEREAS, section 4-5-3D of the City Code allows private entities to sell beer and wine and persons to consume beer and wine in a city park, on public right-of-way or on a city ground excluding public buildings under limited circumstances; WHEREAS, Summer of the Arts, Inc. would like to be able to sell beer on Dubuque Street between Jefferson St. and Iowa Ave. in conjunction with the Political Party IC event; and WHEREAS, it is in the City of Iowa City's interest to execute the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is authorized to sign the attached agreement and any needed amendments. Passed and approved this 20th day of September 2016. MAKOR Appr ved ATTEST: (-e CITY -CLERK City Attorney's Office Resolution No. 16-272 Page 2 It was moved by trims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND NATIVE WINES DURING THE POLITICAL PARTY IC EVENT This Agreement is made between Summer of the Arts, Inc. ("SOTA") and the City of Iowa City, a municipal corporation ("City"), in Iowa City, Iowa. WHEREAS, SOTA is an "authorized entity" as that term is defined in section 4-5-3D of the City Code; WHEREAS, SOTA has applied for a license to sell beer (with the privileges to sell native wine) during the Political Party IC event in downtown Iowa City; and WHEREAS, the parties wish to enter into an agreement to allow SOTA to sell beer and native wine and to allow persons to possess and consume beer and native wines under limited circumstances on downtown City streets. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Authorized Site. In consideration for SOTA's promises herein, the City agrees to allow SOTA control over the block of Dubuque Street between Jefferson Street and Iowa Avenue, excluding sidewalks, on October 7, 2016 from 7:30 pm to 10:00 pm as shown on the diagram which is attached, marked Exhibit A, and incorporated herein ("authorized site"). 2. Term. This agreement shall commence on October 7, 2016 from 7:30 pm to 10:00 pm. 3. Access. SOTA shall take all reasonable steps to ensure that only persons over twenty-one (21) years of age have access to beer and that all persons over twenty-one (21) years of age shall be provided either a wrist band upon entry into the authorized site. 4. License. This agreement is void if SOTA does not have a license to sell beer on the authorized site at any time on October 7, 2016. 5. Sale of Alcohol and Alcohol Restrictions. SOTA shall only sell beer to a person who is over twenty-one (21) years of age. SOTA acknowledges that the authorized sites are subject to all applicable alcohol restrictions in the City Code including. 6. Advertisement. SOTA shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site with the exception that signage may be placed on the interior tent wall. Sponsorship signage unrelated to businesses selling alcohol, beer, wine, or tobacco will be allowed. 7. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized sites without any prior notice to determine compliance with the terms of this agreement. 8. Debris and Trash. SOTA shall be solely responsible for collecting all debris and trash from the authorized sites, and the City shall then remove the debris and trash. If SOTA fails to do so and if City staff has to collect the debris and trash from the authorized sites, SOTA may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 9. No Smoking. Smoking is prohibited in the authorized sites, and SOTA shall post a no -smoking a sign at the front entrance to the authorized sites and two signs inside the authorized sites. The signs shall comply with Iowa Code Section 142D.6 (2015). Additionally, the use of electronic cigarettes is prohibited in the authorized site. Electronic cigarette means vapor product as defined in Section 453A.1 of the Code of Iowa (2015). 10.Temporary Toilet Facilities. SOTA shall provide at its sole cost three (3) temporary toilet facilities, including two (2) that are handicap accessible. SOTA shall further arrange with at least one business fronting on the block of Dubuque Street between Jefferson Street and Iowa Avenue that will allow participants to use its toilet facilities. 11. Occupancy and Exits. If the occupancy of the authorized site is under 500, SOTA shall maintain two (2) exits in each authorized site and post "exit" signs at both exits, with the location and size of the signs to be approved, if needed, by the City Fire Department. Each exit must be a minimum 36 inches in width. If the occupancy of the authorized site is over 500, SOTA shall maintain three (3) exits 12. Anchoring and Drilling. SOTA shall not drill any holes into the pavement or the sidewalk and shall not anchor a tent tie down or pole to the pavement or the sidewalk. 13. Fencing. At a minimum, the authorized site shall be enclosed by a barrier that will allow members of the public not participating in the event to travel through the authorized site but allow SOTA to prohibit persons from leaving the authorized site with an open container of beer. If available, the City prefers a fencing product that is a single fence that consists of six feet (6') interlocking panels with a mesh that does not allow for a container of beer or wine to get passed from through the fencing. 14. Insurance. a) Premises Insurance. On October 7, 2016, SOTA shall carry comprehensive general liability insurance for bodily injury and property damage on the authorized site in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. SOTA shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. SOTA shall provide thirty 2 (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shoo Insurance. On October 7, 2016, SOTA shall carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2015) in the amount of $500,000 (five hundred thousand dollars). SOTA shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. c) Governmental Immunities Endorsement. SOTA shall obtain a governmental immunities endorsement that meets the requirements set forth on Exhibit B, which is attached and incorporated herein. 15. Indemnification. SOTA shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer and native wines on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City, its officers, employees and agents any claim against the City, its officers, employees, and agents arising out of the use of the authorized site or sale, consumption, or possession of beer and native wines on the authorized site. 16. Non -Discrimination. SOTA shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 17. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 18. Assignment and Subletting. SOTA shall not assign or sublet this agreement without prior written approval of the City. 19. Entire Agreement. This constitutes the whole agreement between the parties, and may be modified in writing only, duly signed by the parties. Dated, this 15+5_6 day of September, 2016. SUMMER OF THE ARTS, INC. By: Lisa J. Ba es 3 THE CITY OF IOWA CITY By: Geoff Fr6in, City Manager SUMMER OF THE ARTS, INC. ACKNOWLEDGMENT STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on 'Cj—, t 2016 by Lisa J. Barnes as Executive Director of Summer of the Arts, Inc. Notary Public in and or the State of Iowa My Commission expires: :7 -. a U 19 Approv KATHLEEN M THORNTON ��e Commission Number 764003 l My Comm ion Expire City Attomey's Office i . EXHIBIT B Governmental Immunities Endorsement 1. Non -waiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Iowa City, Iowa as Additional Insured does not waive any of the defenses of governmental immunity available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Iowa City, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Iowa City. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Iowa City, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Iowa City, Iowa. 5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa, agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. 5 Imur =- 3d(2) Pmpared by Sara Sproule, Asst Controller, & Ron Knoche, Public Works Director, 410 E. Washington St, Iowa City, W 52240,319-356-508&5138 RESOLUTION NO. 16-273 RESOLUTION APPROVING THE CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2016. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Street Financial Report for the period beginning July 1, 2015, through June 30, 2016, be approved. Passed and approved this 20th day of September 2016. MAYOR Approved by ATTEST:S- CITY CLERK City Attorney's Office It was moved by Mims and seconded by Didkens the Resolution be adopted, and upon roll call there were: AYES: Va NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Marian Karr From: Sara Sproule Sent: Sunday, September 25, 2016 2:33 PM To: Dennis Bockenstedt Cc: Marian Karr Subject: FW: SFR Approved Attachments: IOWA CITY-2016.pdf Dennis— The Annual Street Financial report (Annual Road Use Tax report) has been approved. See below. FYI. Sara Sproule Accounting X5088 From: Iowa DOT [mailto:no-reply@StreetFinanceReport.comj Sent: Thursday, September 22, 2016 2:05 PM To: Sara Sproule Cc: Tammi.Bell@dot.iowa.gov Subject: SFR Approved Your SFR has been approved. Please find in attachment a copy of the SFR you submitted. THIS IS A SYSTEM GENERATED EMAIL PLEASE bO NOT REPLY Please Note: SFR form (City Name: IOWA CITY and Fiscal Year: 2 016) is attached for your Records. Visit our website shown in this note. To access the SFR information, instructions, Trouble Shooting Tips and more information available at the following website. http://www.iowadot.gov/local systems/publications/sfr/sfrsystem.aspx For assistance with the user id and password please contact the Help desk at 800-532-1174 or 515-281-5703. Your cooperation in completing this report is appreciated. Thank You, Tammi Bell Office of Local Systems 515-239-1529 tammi.bella,dot. iowa.gov 6010WADOT Form 517007 (5-2016) Office of Local Systems Ames, IA 50010 City Name IOWA CrrY City Street Financial Report Now therefore let it be resolved that the t On (month/day/year) City Street Financial Report from July 1, Contact Information Cover Sheet IOWA CITY / ,Iowa approve and adopt June 30, 2016 (Year) Fiscal Year 7016 I of 11 P\I Name E-mail Address Street d s ci ZIP Code Sara Sproule Sara-sproule@iowa-city.org 410 st Wa ington Street Ilowa City 52240-1826 Hours Phone Ext Sion Phon Altenative) 8:00 AM - 5:00 PM 319-356-5088 319-356-5088 Preparer Information Mayor Information Resolution Number Mayor (}IOWAWT Form 517007 (5-2016) Office of Local Systems Ames, IA 50010 City Name IOWA CrrY (ilc �lnn brr 3714 City Street Financial Report Cover Sheet Now therefore let it be resolved that the city council IOWA CITY , Iowa (City Name) On 09/20/2016 did hereby approve and adopt the annual (--th/dayly—) City Street Financial Report from July 1, 2015 to June 30, 2016 (Year) (Year) Contact Information FlsealYear 20a 1of 11 1 Name E-mail Address Street Address city ZIP Code Sara Sproule Lara-Sproule@iowa-city.org 410 East Washington Street Iowa City 52240-1826 Hours lPhone IlExtension Phon Altenative) 8:00 AM - 5:00 PM 319-356-5088 1 1319-356-5088 Prenarer Information Name E-mail Address Phone Extension Saza Sproule &Ron Knoche sam-Sproule@iowa-city.org 319-356-5088 319-356-5138 Mayor information [Jim Throgmorton bim-throgmorton@iowa-city.org 1410 East Washington Street Ilowa City 152240-1826 Resolution Number 16-273 Jim Throgmorton Marian Karr Signature Mayor Signature City Clerk 010WAMIT Form 517007 {5-2016) Office of Local Systems Ames, IA 50010 City Name IOWA CITY (L� Aumb,�r 1 - City Street Financial Report Summary Statement Sheet Column 1 Column 2 Column 3 Column 4 Road use Other Steeet Street Debt Totals Tax Fund Monies Round Figures to Nearest Dollars 9!12120162,04 PM Fina Year 2018 2 o 11 Column 1 Column 2 Column 3 Column 4 Road use Other Steeet Street Debt Totals Tax Fund Monies Round Figures to Nearest Dollars &BEGINNING BALANCE EXPENSES 1. July 1 Balance $5,404,701 $3,658,317 $21,444,154 $30,507,172 D. Maintenance 2. Adjustments$0 (Note on Explanation Sheet) $0 $0 $0 1. Roadway Maintenance $4,418,713 $481,810 $0 $4,900,523 2. Snow and Ice Removal $572,467 $42,057 $0 $614,524 3. Adjusted Balance 55,404,701 $3,658,317 $21,444,154 $30,507,172 E.COnstruction, Reconstruction and Improvements 1. Engineering $48,086 $2,421,995 $0 $2,470,081 B. REVENUES 2, Right of Way Purchased 3. Street/Bridge Construction $0 $683,629 $438,987 $11,262,129 $0 $0 $438,987 $11,945,758 1. Road Use Tax $8,386,336386 338 2. Property Taxes $396,132 $6,348,755 $82744,887 3. Special Assessments $0 $0 $0 4.Traffic Services $0 $0 $0 so 4. Miscellaneous $11,716,410 $0 $11,716,410 F. Administration $636,204 $95,120 $0 $731,324 5. Proceeds from Bonds,Notes, and Loans $6,604,165 $0 $6,604,165 G. Equipment $0 $0 $0 to 6. Interest Earned 524,936 $0 $24,936 H. Miscellaneous $655,322 $0 $655.322 7. Total Revenues (Lines 61 thru 136) $8,386,336 $18,741,643 $6,348.755 $33,476,734 J. street Debt 1. Bonds, Notesand Loans -Principal Paid SO $0 $5,718,683 $5,718,683 C. Total Funds Available (Line A3 + Line B7) $13,791,037 522,399,960 $27,792,909 $63.983,908 2. Bonds, Notes and Loans - Interest Paid $0 $0 $630,072 $630,072 TOTALS K. Total Expenses (Lines D thru J) $6,359,099 $15,397,420 $8,348,755 $28,105,274 L. Ending Balance (Line C -K) $7,431,938 $7,002,540 $21,444,154 $35,878,632 M. Total Funds Accounted For (K+L=C) $13,791,037 $22.399,960 $27,792,909 $63,983,906 6010WADOT City Street Financial Report Form 517007 (5-2016) Office of Local Systems Ames, IA 50010 City Name IOWA CITY Miscellaneous Revenues and Expenses Sheet Fled Year 2078 3 of 11 Code Number and Itemization of Miscellaneous Revenues (Line B4 on the Summary Statement SheetxSee Instructions) Column 2 Other Street Monies Column 3 Street Debt 118 ---School Districts $7,841.00 $0.00 110—Parking Revenues $655,322.00 $0.00 112—Utility Revenue $041,507.00 $0.00 121 --State Reimbursement $420,939.00 $0.00 122 --RISE Funds $894,727.00 $0.00 123—Various State Grants $10,324.00 $0.00 142—EDA (Economic Development Admin.) $211,411.00 $0.00 143—FEMA (Fed. Emergency Mgmt Admin.) $49,339.00 $0.00 144—FHWA Participation (Fed. Hwy. Admin.) $1,696,378.00 $0.00 170 ---Reimbursements (mist.) $24,936.00 $0.00 173—Reimbursement For Damages $9,927.00 $0.00 172—Labor & Services 546,633.00 $0.00 174—Sales Tax I Leal Option $6,020,189.00 $0.00 180—Rxeipts From Sdes $175.00 $0.00 182—Property or Buildings (Sale or Rent) $151,378.00 $0.00 190 --Other Miscellaneous 512,495.00 $0.00 193 ---Fines & Fees $49,239.00 $0.00 194 ---General Fund Transfers $113,650.00 $0.00 Line 84 Totals Code Number and Itemization of Miscellaneous Expenses (Line H on the Summary Column 2 Column 3 Statement Sheet) "On street" parking expenses, street maintenance, buildings, insurance, Other Street Monies Street Debt administrative costs for printing, legal fees,bond fees etc. (See Instructions) '_30 --On Street Parking Only $655,322.00 $0.00 Line H Totals 1855,322.00 OPIOWA T Fom1517007 {5-2016} Office of Local Systems Ames, IA 50010 City Name IOWA CITY ('iiP '�unsl�a' :7 L. City Street Financial Report Fi" Year 2016 1 4 o 11 piowaooT Form 517007 {5-2016} Office of Local Systems Ames, IA 50010 City Name IOWA CITY City Street Financial Report Bonds, Notes and Loans Sheet 1 9/222016 2:04 PM I 2016 5 o 11 New Debt Type Debt Purpose DOT Issue Issue % Related Year Principal I Total Total Principal Interest Principal Bond 7 Use Only Date Amount to Street Due Balance I Principal Interest Roads Roads Balance as as of 7/1 Paid Paid of 6/30 General Obligation Paving& 304 06/30/2008 $3,100,000 100 2018 $1,045.178 $1,045.178 $3,160 $1,045,178 $3,160 $0 Construction General Obligation Paving& 310 10/15/2008 $9,669,000 100 2018 $2,575.715 $838,685 $93,421 $838,685 $93,421 $1,737,030 Construction General Obligation Paving& 311 06/08/2009 $2,829,000 100 2016 $442,838 $442,838 $17,733 $442,838 $17,733 $o Construction General Obligation Paving& 312 06/08/2009 $4,531,000 100 2019 $1,965,527 $467,682 $69,136 7,682 $89,136 $1,497,845 ConsWNon General Obligation IPaving& 313 08/02/2010 $3,665,480 100 2020 $1,896,960 $358,150 $43,855 ,150 $43,855$1,53&810 MatN411On Lj General Obligation lPavirg& pconsinxion 314 06/0812011 $3,356,237 100 2021 $2,026,447 $357,857 $60,155 ,857 $60,155$1,668,590 Lj General Obligation Paving& 315 06/20/2012 $4,278,319 100 2022 53,096.711 $417,455 $63,119 $417,455 $63,119$2,879,256 Conatructim General Obligation Paving& 316 07/16/2013 $3,181,200 100 2023 $2,862,200 $332,200 $39,985 $332,200 $39,985$2,530,000 Construction General Obligation Paving & 317 06/03/2014 $1,064,000 100 2017 $1,038,000 $518,000 $20,760 $518,000 $20.760 $520,000 Construction General Obligation Paving& 318 06/03/2014 $5,389,756 100 2024 $4.886.635 $508,904 $121,111 $508,904 $121,111 $4,377.731 Construction General Obligation Paving & 319 06/02/2015 $4,836,042 100 2024 $4,636,042 $431,734 $97,637 $431,734 $97,637 $4,404,308 Construction ✓ General Obligation Paving& 1320 06/1612016 $6,604,165 100 2026 $6,604,165 $0 $0 $0 $0 $6,604,165 Conj-.n New Ber1d Totals ,185 $6. Totals $39.T/s.418 $5.718.583 $830,072 $5.718.683 $630,072 $27.567.736 ®IOWADOT City Street Financial Report Form 517007 15-2016) Office of Local Systems Ames, IA 50010 City Name IOWA CITY Project Final Costs Sheet For construction, reconstruction, and improvement projects with costs equal to or greater than 90°/a of the bid threshold in effect as the beginning of the fiscal year. Cheek here If there are no entities for this year 11 Project Final Costs Sheet (Section A) 9222016 2,01 PM Fiatel Y<ar 2016 6 o 11 1. Project Number 2. Estimated Cost 3. Project Type 4. Public Letting? 5. Location/Project Description (limits, length, size of structure) S3824-2015PCC $180,000 SURF Yes PCC Pavement Rehabilitation 2015 53824-2014HMA $792,000 SURF Yes Asphalt Resurfacing Project 2014 S3802 $4,210,000 RDWY Yes Moss Ridge Road S3803 $7,193,000 RDWY Yes Lower Muscatine Road Reconstruction Project Final Costs Sheet (Section B) 1. Project Number 6. Contractor Name 7. Contract Price 8. Additions/ Deductions 9. Labor 10. Equipment 11. Materials 12. Overhead 13. Total S3824-2015PCC Midwest Concrete $138,724 $83,829 $0 $0 $0 $0 $222,553 S3824-2014HMA LL Pelling $799,911 $98,264 $0 $0 $0 $0 - $701,647 S3802 Streb Construction $3440,331 $108,139 $0 $0 $0 $0 $3.548,470 S3a03 Metro Pavers $6,620,968 $23,602 $0 $0 $0 $0 $6,644,570 010WAWT Form 517007 {5-2016} Office of Local Systems Ames, IA 50010 City Name IOWA CITY Cil% numher City Street Financial Report Road/Street Equipment Inventory Sheet 1 9/22/2016 2:04 PM I 7of11 1. Local Class I.D. # 2. Model Year 3. Description 4. Purchase Cost 5. Lease Cost /Unit 6. Rental cost /Unit 7. Used On Project this FY? 8. Status 268 2015 Street Sweeper Elgin Pelican Dual $187,000 $0 $0 No NEW 306 2016 1 Ton Utility Cargo Van Ford E350 KUV $34,076 $0 $0 No NEW 227 2016 13200 GVWR Utility Chevrolet 3500 $42,362 $0 $0 No NEW 268 2002 Street Sweeper Elgin Pelican Dual $40,000 $0 $0 No TRAD 222 2011 Chevrolet Colorado Extended Cab 4X4 $20,599 $0 $0 No NOCH 302 2010 19,500 GVWR 1-1/2 Ton Basket Truck Ford F550 $80,629 $0 $0 No NOCH 259 2010 Street Sweeper Allianz -Johnston 3000 $158,369 $0 $0 No NOCH 224 2009 Vibratory Roller Bomag BW120AD4 $33,840 $0 $0 No NOCH 215 2010 1/2 Ton Pickup Ford F150 XLT $23,087 $0 $0 No NOCH 203 2010 38000 GVWR Dump Truck/Freightliner M2106V $105,000 $0 $0 No NOCH 204 2010 38000 GVWR Dump Truck/Freightliner M2106V $105,000 $0 $0 No NOCH 205 2010 38000 GVWR Dump Truck/Freightliner M2106V $105,000 $0 $0 No NOCH 208 2010 38000 GVWR Dump Truck/Freightliner M2106V $105,000 $0 $0 No NOCH 210 2010 38000 GVWR Dump Truck/Freightliner M2106V $105,000 $0 $0 No NOCH 211 2010 38000 GVWR Dump Truck/Freightliner M2106V $105,000 $ $0 No NOCH 245 2009 40000 GVWR Dump Truck/international 7300 $101,339 $0 $0 No NOCH 269 2008 Street Sweeper/Allianz-Johnston 3000SP $137,544 $0 $0 No NOCH 306 2007 1 Ton Utility Cargo Van/Ford E-350 $31,256 $0 $0 No SOLD 227 2008 13000 GVWR Utility/Ford F-350 $35,344 $0 $0 No SOLD QlowADUT Fo1m 517007 {5-2016} Office of Local Systems Ames, IA 50010 City Name IOWA CITY City Street Financial Report Road/Street Equipment Inventory Sheet 9/22/2016 2:01 PM FWW Ye" 2016 8 of 11 1. Local Class I.D. # 2. Model Year 3. Description 4. Purchase Cost 5. Lease cost Nnit 6. Rental Cost /Unit 7. Used On Project this FY? 8. Status 293 2004 Craftco Magnum Spray Asphalt Patcher $50,645 $0 $0 No NOCH 307 2005 Sign TrucklFord F550 $78,521 $0 $0 No NOCH 252 2005 37000 GVWR Dump Truck/Sterling L7500 $83,632 $0 $0 No NOCH 253 2005 37000 GVWR Dump Truck/Sterling L7500 $83,632 $0 $0 No NOCH 233 1996 Crack Sealer / Craftco EZ100D $16,400 $0 $0 No NOCH 236 2003 Loader -Backhoe /John Deere 31OSG $59,125 $0 $0 No NOCH 237 2002 Loader -Backhoe / Case 580 Super M $58,960 $0 $0 No NOCH 242 1993 Air Compressor/ Ingersol P185CWJD $11,200 $0 $0 No NOCH 243 1993 Air Compressor/ Ingersol P185GVJD $11,200 $0 $0 No NOCH 244 1998 Air Compressor/ Ingersol P185CWJD $11,200 $0 $0 No NOCH 280 2004 Concrete Saw / Target Pro 35111 $8,584 $0 $0 No NOCH 294 2000 Mud Jack / Airplaco HJ25 $23,067 $0 $0 No NOCH 312 2001 Aerial Platform / International Elliott 4700 $101,129 $0 $0 No NOCH 316 1998 Street Paint Machine / EZ Liner AL 120EZ $31,800 $0 $0 No NOCH 206 2008 1/2 Ton 4 X 4 Pickup/Ford F-150 $20,696 $0 $0 No NOCH 207 2000 John Deem/Motor Grader 772CH $130,000 $0 $0 No NOCH 2328 2012 550 lb Concrete Breaker Stanley MB05502 $5. $0 $0 No NOCH 230 2012 Endloader/Case 721E $127,750 $0 50 No NOCH 2418 2012 550 lb. Concrete Breaker/Stanley M805502 $5,990 $0 $0 No NOCH 298 2012 Asphalt Pothole Patcher/Falcon 2T 1 Sumer $20,036 $0 $0 No NOCH QiowaooT Form 517007 15-2016} Office of Local Systems Ames, IA 50010 City Name IOWA CITY Cih Timber 3715 City Street Financial Report Road/Street Equipment Inventory Sheet 9n:nme z:o4 rm Flseal Year 2016 9 of 11 1. Local Class I.D. # 2. Model Year 3. Description 4. Purchase Cost 5. Lease Cost /Unit 6. Rental Cost /Unit 7. Used On Project this FY? 8. Status 276 2014 37240 GVWR Flusher Truck/Freightliner 108SD $121,016 $0 $0 No NOCH 288 2014 37240 GVWR Dump Truck/Freightliner 108SD $118,334 $0 $0 No NOCH 290 2014 37240 GVWR Dump Truck/Freightliner 108SD $118,334 $0 $0 No NOCH 291 2014 37240 GVWR Dump Truck/Freightliner 108SD $118,334 $0 $0 No NOCH 292 2014 37240 GVWR Dump Truck/Freightliner 108SD $118,334 $0 $0 No NOCH 202 2014 12 Ton Flatbed/Ford F150 4 X 2 $24,685 $0 $0 No NOCH 212 2015 14000 GVWR Flatbed/Ford F350 4 X 4 $49,116 $0 $0 No NOCH 213 2015 13700 GVWR Flamed/Ford F350 4 X 2 $38,844 $0 $0 No NOCH 229 2013 Endloader/Case 621F $120,644 $0 $0 No NOCH 232 2014 Skidloader/Bobeat S650 $41,779 $0 $0 No NOCH 239 2015 13700 GVWR Flatbed/Ford F3504 X 2 $37,873 $0 $0 No NOCH 240 2015 14000 GVWR Flatbed/Ford F350 4 X 4 $47,260 $0 $0 No NOCH 241 2014 SkidloaderBobeat S650 $42,111 $0 $0 No NOCH 248 2015 13700 GVWR Utility/Ford F350 4 X 2 $43,412 $0 $0 No NOCH 308 2014 12 Ton Pickup/Ford F150 4 X 2 $24,042 $0 $0 No NOCH alowaoar Form 517007 {5-2016} Office of Local Systems Ames, IA 50010 City Name IOWA CITY ci City Street Financial Report Explanation Sheet 1 92220162:00 PM I 1 10 of 11 1 QIOWAWT Form 517007 {5-2016} Office of Local Systems Ames, IA 50010 City Name IOWA CITY r llA ,"+mOwl City Street Financial Report Monthly Payment Sheet Month Road Lisa tax Payments July $697,782.63 August $939,990.78 September $833,744.94 October $637,743.63 November $725,438.86 December $732,245.41 January $610,299.41 February 1$701,423.91 March $719,580.57 April $499,067.10 May $537,124.66 June $751,893.82 Towk $0,386,335.72 9222016 2:00 PM Fiscal Year 2016 11 of 11 Prepared by: Michael Harapat, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5078 RESOLUTION NO. 16-274 RESOLUTION AUTHORIZING PROCUREMENT OF A MICROSOFT ENTERPRISE AGREEMENT FOR THE CITY OF IOWA CITY WHEREAS, the City of Iowa City has been purchasing Microsoft Office software licenses, desktop operating systems, server applications, and server operating systems on a per machine basis over the last 10 plus years; WHEREAS, as the ITS department expands the virtual desktop environment at the City and more divisions use remote access, ITS will need to purchase and manage more Microsoft software licenses; WHEREAS, ITS staff has sought out a way to make the City's purchasing and management of Microsoft licenses more unified, cost efficient and easier to manage; WHEREAS, ITS has determined that the best way to minimize costs and maximize efficiency for Microsoft licensing is to enter an Enterprise Agreement; WHEREAS, an Enterprise Agreement is an organization -wide volume licensing agreement for Microsoft services and software; WHEREAS, the anticipated cost saving anticipated by buying these licenses through an Enterprise Agreement is $185,673.20; WHEREAS, the purchase of a Microsoft Enterprise Agreement can be purchased through a national cooperative technology purchasing agreement with Insight Public Sector Inc. that has been authorized by the State of Iowa for municipalities to purchase technology products through; WHEREAS, the proposed Enterprise Agreement with Microsoft will have a three year term with a three year extension, and include licensing for Microsoft Office 365, Windows Server 2012, SQL Server 2014, and user access licensing; WHEREAS, the cost of the agreement for the initial three year term plus the three year extension is $734,078.40, which exceeds the City Manager's spending authority of $150,000, thus requiring City Council approval; and WHEREAS, funds for the purchase of the Enterprise Agreement will be provided by the ITS account number 83310510 476130 and the budget account number 446190 in all department budgets; and WHEREAS, approval of this procurement is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Upon the approval of the City Attorney, the proposed procurement as described is approved. 2. The City Manager is authorized to take whatever steps are necessary to effectuate the purchase, and to execute subsequent renewals as are reasonable and appropriate. Passed and approved this 20th day of September 2016. Resolution No. 16-274 Page 2 MOOR ATTEST:2hWj�� Al. CITY CLERK It was move by trims and seconded by_ Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Approved by City Atto ney's Office Dickens the ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton CITY OF IOWA CITY MEMORANDUM Date: September 13, 2016 To: Dennis Bockenstedt, Finance Director From: Michael Harapat, ITS Coordinator Re: Microsoft Enterprise Agreement Introduction: The City of Iowa City has been purchasing Microsoft Office software licenses, desktop operating systems, server applications, and server operating systems on a per machine basis over the last 10 plus years. As the ITS department expands the virtual desktop environment at the City and more divisions use remote access, ITS will need to purchase and manage more Microsoft software licenses. ITS has sought out a way to make the City's purchasing and management of Microsoft licenses more unified, cost efficient and easier to manage. ITS has determined that the best way to minimize costs and maximize efficiency for Microsoft licensing is to enter an Enterprise Agreement. An Enterprise Agreement is an organization -wide volume licensing agreement for Microsoft services and software. It will allow the City to buy certain Microsoft licenses as a package for a certain number of users at a lower cost than if it continued to buy the licenses individually. The Enterprise Agreement will also have new management tools, such as automatic software updates for Microsoft Office, amongst others. History/Background: 3 City ITS staff began looking into a Microsoft Enterprise Solution in the spring of 2016. The State of Iowa has a Master Agreement for the purchase of such IT hardware, software, and services with Insight Public Sector, Inc. which it entered in May 2016 through a cooperative purchasing process led by the County of Fairfax, Virginia. Insight Public Sector, Inc. was awarded the contract with the County of Fairfax, and Microsoft products, services, and solutions are included in the scope of services for that agreement. The State of Iowa, by agreement with Insight Public Sector, Inc., has authorized Iowa cities to purchase products and services under Fairfax County's agreement with Insight in lieu of a separate competitive selection process. The City will be able to use the terms and conditions that were negotiated through Fairfax County's competitive process. The City will benefit from the reduction of administrative expenses due to the cooperative agreement. The proposed Enterprise Agreement with Microsoft will have a three year term with a three year extension, and include licensing for Microsoft Office 365, Windows Server 2012, SQL Server 2014, and user access licensing. Financial Impact: Pricing for the Enterprise Agreement is based on the three year term plus three year extension. The first three years of the agreement will be $137,201.08 per year For years four, five, and six the agreement will be $107,491.72 per year The cost saving anticipated by buying these licenses through the Enterprise Agreement is $185,673.20. September 13, 2016 Page 2 This pricing is for the products purchased and the number of users licensed at the time we enter into the agreement. Once the agreement is signed we will be able to add to and take away software licensing as business needs require. Funds for the purchase of Enterprise Agreement are available through account the budget account number 446190 in each department budget and the ITS budget number 83310510 476130. cc: Geoff Fruin, City Manager 3d(4) m�� Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5082 RESOLUTION NO. 16-275 RESOLUTION ACCEPTING THE WORK FOR THE CITY OF IOWA CITY PARKING GARAGE MAINTENANCE PROGRAM 2015 PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the City of Iowa City Parking Garage Maintenance Program 2015 Project, as included in a contract between the City of Iowa City and Vector Construction Inc. of Cedar Rapids, Iowa, dated June 2, 2015, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Parking Facility Restoration Repair account # T3004: and WHEREAS, the final contract price is $414,254.50. 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 20th day of September 120 16 MOOR Approved by ATTEST:A� CITT"LERK City Attorney's Office It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton S? NGTesolNions&OM[nancesWm7ed ResolNionSWmepl Pmjed�RyPaAing Gamma Malnlenanm2015Pmjed.REGOL"C"Amepl PmJed Geplemwr202010.E0c 9116 6dcq) ENGINEER'S REPORT September 14, 2016 City Clerk Iowa City, Iowa _mom � � CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org Re: City of Iowa City Parking Garage Maintenance Program 2015 Project Dear City Clerk: I hereby certify that the construction of the City of Iowa City Parking Garage Maintenance Program 2015 Project has been completed by Vector Construction Inc. of Cedar Rapids, Iowa in substantial accordance with the plans and specifications prepared by THP Limited, Inc. The project was bid as a lump sum contract at $440,250.00 and the final contract price is $414,254.50. There was a change to the contract in a credit from the cash allowance for the project as described below: Description Amount Change Order • Cash Allowance for unit price work not needed $ 25,995.50 credit I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, / Z40 Jason Havel, P.E. City Engineer 09-20-16 3d(5) MMWNIIIIIIIIIIIIIIIIIIIIII Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 16-276 RESOLUTION ACCEPTING THE WORK FOR THE COURT HILL PARK SIDEWALK INFILL PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Court Hill Park Sidewalk Infill Project, as included in a contract between the City of Iowa City and Calacci Construction Co., Inc. of Iowa City, Iowa, dated September 3, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the 2014 Intra -City Bike Trails account # R4206 and the Sidewalk Infill Program account # S3828; and WHEREAS, the final contract price is $153,898.24. 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 20th day of September 20 16 M OR Approved by ATTEST: ZC . L,J a,, CITY LZERK City Attorney's Office 01112, 11L, It was moved by trims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Pwenglmasters/acptwork.doc 9116 ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 3d(- ENGINEER'S REPORT September 9, 2016 � r � IM44 OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org City Clerk Iowa City, Iowa Re: Court Hill Park Sidewalk Infill Project Dear City Clerk: I hereby certify that the construction of the Court Hill Park Sidewalk Infill Project has been completed by Calacci Construction Co., Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by the Engineering Division of the City of Iowa City. The project was bid as a unit price contract and the final contract price is $153,898.24. There was a total of two (2) change or extra work orders for the project as described below: 1. Remove existing Flume and Install Storm Intake $6,717.00 2. Sod in Lieu of Seeding Along Court Street $4,620.00 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Have P.E. City Engineer Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5145 RESOLUTION NO. 16-277 RESOLUTION SETTING A PUBLIC HEARING ON OCTOBER 4, 2016 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PCC PAVEMENT REHABILITATION 2016 PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Pavement Rehabilitation account # S3824. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 4th day of October 2016, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 20th day of September 20 16 MAYOR Approved by ATTEST:�24C/iirJ CITY`C, RK City Attorney's Office pwenglmasterstsetpndoc 1/11 Resolution No. 16-277 Page 2 It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton r 09.20-16 =-rCITY OF IOWA CITY 3 Mat MEMORANDUM DATE: September 12, 2016 TO: Geoff Fruin, City Manager FROM: Jason Havel, City Engineer ::I 1}4_ RE: PCC Pavement Rehabilitation 2016 Set Public Hearing — September 20, 2016 Hold Public Hearing — October 4, 2016 Award Project— November 1, 2016 Introduction: This agenda item begins the bidding process for the PCC Pavement Rehabilitation 2016 Project. History / Background: This is a recurring maintenance project that concentrates on street PCC pavement patching at various locations. Discussion of Solution: The PCC Pavement Rehabilitation 2016 Project will include work at the following locations: ■ First Avenue —Princeton Road to Scott Boulevard ■ Rocky Shore Drive — River Street to Park Road • Oaknoll Drive — Benton Street to Oakcrest Drive Financial Impact: The estimated cost for this project is $250,000 and will be funded with Road Use Tax Proceeds. Recommendation: Staff recommends proceeding with setting public hearing for the plans, specifications, form of contract, and estimate of cost for construction of the PCC Pavement Rehabilitation 2016 Project. The proposed project schedule will be as follows: • October 4, 2016 — Hold Public Hearing on Contract Documents • November 1, 2016 —Award Project • November 7, 2016 through December 2016 — Construct Project cc: Ron Knoche, Public Works Director Dave Panos, Senior Civil Engineer 52-483 CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION - FY 2017 -AMENDMENT #1 To the Auditor of JOHNSON County, Iowa: The City Council of Iowa City in said County/Counties met on September 20, 2016 ,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. RESOLUTION No. 16-278 <== ENTER RESOLUTION NUMBER A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 3t 2017 (AS AMENDED LAST ON N/A .) Be it Resolved by the Council of the City of Iowa City Section 1. Following notice published September 9, 2016 and the public hearing held, September 20, 2016 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: Passed this 20th 11 1 ��(/�/ (oayl r e, /\ Signature City CleddFinance Officer day of September, 201 ) ,(A WYeflj / Signafu % ' Mayor I Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues & Other Financing Sources Taxes Levied on Property 1 77777M 77777777 55,330,2230 7777= 55,330,223 Less: uncollected Property Taxes -Levy Year 2 0 0 0 Net Current Property Taxes 3 55,330,223 0 55,330,223 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 2,276,953 0 2,276,953 Other City Taxes 6 2,773,384 0 2,773,384 Licenses& Permits 7 1,738,882 0 1,738,882 Use of Money and Property 8 2,183,878 0 2,183,878 Intergovernmental 9 32,760,649 7,808,359 40,569,008 Charges for Services 10 44,893,835 35,862 44,929,697 Special Assessments 11 604 0 604 Miscellaneous 12 4,636,645 1,419,684 6,056,329 Other Financing Sources 13 18,080,389 14,895,000 32,975,389 Transfers In 14 42,492,182 10,100,000 52,592,182 Total Revenues and Other Sources 1s 207,167,624 34,258,905 241,426,529 Expenditures & Other Financing cin Uses Public Safety 161i 23,533,468�i 174,423 ?i`:_.. -23,707,891 Public Works 17 9,308,622 15,250 9,323,872 Health and Social Services 18 350,000 0 350,000 Culture and Recreation 19 14,042,292 65,718 14,108,010 Community and Economic Development 20 7,510,229 2,456,012 9,966,241 General Government 21 9,208,682 0 9,208,682 Debt Service 22 15,146,227 273,173 15,419,400 Capital Projects 23 35,452,225 50,031,020 85,483,245 Total Government Activities Expenditures 24 114,551,745 53,015,596 167,567,341 Business Type I Enterprises 25 53,712,711 24,735,341 78,448,052 Total Gov Activities 8 Business Expenditures 26 168,264,456 77,750,937 246,015,393 Transfers Out 27 42,492,182 10,100,000 52,592,182 Total Expenditumsfrransfem Out 28 210,756,638 87,850,937 298,607,575 Excess Revenues fi Other Sources Over Unde ( r)ExpendituresRransfere ON Fiscal Year �� 29 77777= ....... ��-3,589,014 �� ...... ��-53,592,032 �� ....... ��-57,181,046 g .:<.:.30::>: g g July ,`:;.: Be innin Fund Balance 128,701.79 o::::: 12e,701,779 Ending Fund Balance June 3g 31 125,112,765 -53,592,032 71,520,733 Passed this 20th 11 1 ��(/�/ (oayl r e, /\ Signature City CleddFinance Officer day of September, 201 ) ,(A WYeflj / Signafu % ' Mayor I Resolution No. 16-278 Page 2 It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES x NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by: Daniel Scott, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5144 RESOLUTION NO. 16-2 RESOLUTION DECLARING THE CITY'S INTENT TO FUND THE FINAL DESIGN AND ACQUIRE PROPERTY FOR THE HEBL AVENUE IMPROVEMENTS PROJECT. WHEREAS, the City of Iowa City desires to proceed with the Hebl Avenue Improvements Project ("Project') which includes the reconstruction of that portion of Hebl Avenue from IWV Road to the landfill entrance at 3900 Hebl Avenue, from asphalt and chipseal composite to PCC street surface with rock base and drainage system for the purpose of improving traffic safety and longevity of the roadway; and WHEREAS, pursuant to Resolution 16 - 251, a public hearing was set, and the City made a good faith effort to mail and publish the notice required by Iowa Code Section 6B.2A on the owner and any contract purchaser of record of the property subject to condemnation; and WHEREAS, said public hearing was held in accordance with the notice provided; and WHEREAS, the City desires to retain the services of a consultant to prepare preliminary and final design for construction of the Project; and WHEREAS, the City negotiated an Agreement for said design services with MMS Consultants, Inc.; and WHEREAS, funds for this project are available in the landfill Hebl Avenue account # L3322. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Resolution 16 - 210 is hereby repealed. 2. It is the City's intent to proceed with the Hebl Avenue Improvements Project. 3. The Project constitutes a public improvement under Iowa law, has a valid public purpose under state and federal law, and acquisition of certain property rights is necessary to carry out the functions of the Project and is in the public interest. 4. There is reasonable expectation that the City will be able to achieve its public purpose, comply with all applicable standards, and obtain the necessary permits. 5. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit -claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 6. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 7. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 16-279 Page 2 8. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. 9. The consultant's agreement attached hereto is in the public interest and is approved as to form and content. The Mayor and the City Clerk are hereby authorized and directed to execute and attest the same. The City Manager is authorized to execute amendments to this contract as they may become necessary. Passed and approved this 20th day of September 120 16 MMYOR // / pproved by IJ I f ATTEST: tGA�r� 7eL'27/ Uri ?mtnt-er4kj G`f26c - CIT ERK City Attorney's Office IIi2I ILP It was moved by Botchwav and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway X Cole X Dickens X Mims X Taylor X Thomas X Throgmorton pwengMasters\acquireprop.doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 20th day of September 2016, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and MMS Consultants, Inc., of Iowa City, IA, hereinafter referred to as the Consultant. WHEREAS, the City of Iowa City desires to improve traffic safety and longevity of Hebl Avenue, from IWV Road to the landfill entrance; and WHEREAS, the City of Iowa City desires to reconstruct the asphalt and chipseal composite roadway of Hebl Avenue to a new PCC street surface with rock base and drainage system; and WHEREAS, the City of Iowa City desires the services of a design consultant to prepare preliminary and final designs for the Hebl Avenue Improvements 2017 Project; and WHEREAS, the City requested proposals from firms that are qualified to perform said engineering design services; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with MMS Consultants, Inc.; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with MMS Consultants, Inc.; and WHEREAS, funds for this project are available in the account No. L3322; NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. Topographic survey and easement plat preparation: 1. Review topographic survey of the project corridor from IWV Road to the landfill entrance that was previously performed by city staff and will be provided by the City of Iowa City. 2. Collect additional topographic data as required to match city survey. 3. Research boundary information in the project corridor to allow preparation of temporary easement plats. 4. Prepare temporary easement plats, as required (4-5 plats estimated). The City of Iowa City does not anticipate the need for fee title right of way acquisition and permanent easements. B. Preliminary and final design: 1. Kickoff meeting: Review project and preliminary design with City Public Works and Transportation and Resources Management departments. -2- 2. Review geotechnical report and pavement thickness recommendations previously completed by Braun Intertec. 3. Coordinate with private utilities. Contact ONE -CALL for utility information and make contact with utility companies. 4. Complete wetlands investigation. Prepare wetland delineation plan, if wetlands are present. Prepare permit applications for impacts to be covered under nationwide permit. A wetlands mitigation plan is not anticipated to be required and shall be negotiated separately, if required. 5. All plan preparation shall be in AutoCAD format. Specifications shall be prepared in Microsoft Word format. 6. Prepare preliminary plan and cost estimate for review. Submit three sets of 50 percent complete plans and preliminary cost estimate. All plans shall be prepared on 11x17 -inch plan sheets. Preliminary plans shall include preliminary box culvert sizing and preliminary storm sewer and drainage plan. Also included is a preliminary access and staging plan. 7. Review preliminary plan with City Public Works and Transportation and Resources Management departments. 8. Critical design features include the reinforced concrete box culvert , as well as maintaining traffic to the landfill during construction. Prepare plan for these critical features to be included with check plan set. 9. Prepare check plan set. Submit three copies of the 90 percent complete check plan set. Prepare preliminary specifications to be submitted with the check plan set. 10. Review check plans and preliminary specifications with City Public Works and Transportation and Resources Management departments. 11. Prepare and submit NPDES permit application on behalf of the City of Iowa City. 12. Prepare final plans necessary for project. 13. The plans shall be prepared in Iowa DOT format for sheet layout and numbering, and shall reference City of Iowa City standard specifications and details, along with Iowa DOT and SUDAS specifications and details. 14. Submit three original hard copies of final plans, specifications and final construction cost estimate. Electronic copies of each also shall be submitted. 15. Present to City Council, as requested. C. Bid letting and construction services, Phase 1: 1. Assist with contractor questions during bidding. 2. Prepare addenda, as required. 3. Attend pre -construction meeting. 4. Assist with contractor questions during construction. 5. Review submittals, as required. 6. Additional construction administration services are available at MMS Consultants' standard hourly rates, which are attached hereto and incorporated herein. No additional services shall be performed, however, without prior written approval by the City. if. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Kickoff meeting July 2016 50% plan submittal Mid -September 2016 50% design review meeting Early October 2016 90% plan submittal Early November 2016 -3- 90% design review meeting Plans available for bid City property acquisition Receive bids Construction starts Construction complete III. GENERAL TERMS Late November 2016 December 2016 January2017 January -February 2017 April 2017 October 2017 A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. -4- I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES Hourly, not to exceed* $76,000 * See MMS Consultants' 2016 hourly rate sheet, incorporated herein as Attachment A. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. C. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be -5 - brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. FOR THE CITY z By: Title: Mayor tember 20, 2016 pvNonslconsagmU m FOR THENxFILTANT Title: President Date: June 28, 2016 Approved by: MMS CONSULTANTS, INC. EXPERTS INPLANNINGANDDEVELOPMENTSINCE1975 ATTACHMENT A 2016 HOURLY RATES Engineer 1 $119.00 Engineer II $104,00 Engineer III $91.50 Engineer IV $79.00 Landscape Arch 1 $119.00 Landscape Arch II $104.00 Landscape Arch III $74.00 Landscape Arch IV $60.00 Land Surveyor 1 $11900 Land Surveyor II $116.00 Land Surveyor III $8750 Engineer Technician 1 $9250 Engineer Technician II $79.50 Engineer Technician III $68.00 Engineer Technician IV .$59.00 Research Administrative Assistant $69.00 Geologist $7850 Wetland Scientist $79.50 Soil/Wetland Technician $60.00 Marketing Director $9400 Survey Chief $114.00 Survey Tech 1 $89.00 Survey Tech 11 $62.50 Administrative Assistant $59.00 Clerical $59.00 Clerical Support Specialist $41.50 I Expert Witness $186.00 Senior CAD Technician $11900 CAD Technician 1 $65.00 CAD Technician II $58.00 Civil Engineers Land Surveyors Land Planners Landscape Architects Environmental Specialists