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HomeMy WebLinkAbout2018-04-17 Resolutionoaf 3c 5 Prepared by: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 18-101 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: First Avenue Club — 1550 S. 1st Ave. Loyal Oder of Moose Lodge 111096 — 3151 Hwy 6 E. Passed and approved this 17th day of April 2018 pproved by ATTEST C TY CLERK City Attorney's Office It was moved by Mims and seconded by Botchway Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole x Mims x Salih x Taylor the x Thomas x Throgmorton Prepared by: Dave Patios, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5145. Resolution No. 18-102 Resolution authorizing the Mayor to sign and the City Clerk to attest Iowa Department of Transportation funding agreement No. # 2018-16-126 for the Asphalt Resurfacing 2018 — US Hwy 6 (N Riverside Drive) Rocky Shore Drive to Sturgis Corner Drive Project. Whereas, the Iowa Department of Transportation and the City of Iowa City desire to rehabilitate and resurface a section of US Hwy 6 through Iowa City which includes N Riverside Drive; and Whereas, the Iowa Department of Transportation and the City of Iowa City desire to perform repairs on a section of US Hwy 1 through Iowa City which includes Burlington Street; and Whereas, the City has completed the design and plan preparation for the project and funds are available in the Pavement Rehabilitation Fund account # S3824; and Whereas, the Iowa Department of Transportation has referenced this agreement as No. # 2018- 16-126 and the project as [NHSN-006-7(89) - - 2R-52] and [MP -001-6(717)86 - - 76-52]; and Whereas, the City Council deems it is in the public interest to enter into said agreement with the Iowa Department of Transportation for the design and rehabilitation of a section of US Hwy 6 through Iowa City which includes sections of N Riverside Drive. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: It is in the public interest to enter into the above-mentioned agreement, and the agreement attached hereto is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation. Passed and approved this 17th day of April 2018 Mayor �! p oved b 1 Attest: ) / GM L ' Ci Clerk f0 City Attorney's Office It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Botchway Cole Mims Salih Taylor Thomas Throgmorton February 2017 IOWA DEPARTMENT OF TRANSPORTATION Cooperative Agreement For Primary Road Project County Johnson city Iowa City Project No. NHSN-006-7(89)-2R-52 MP -001-6(717)86-76-52 Iowa DOT Agreement No. 2018-16-126 Staff Action No. This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and the city of Iowa City, Iowa, a Local Public Agency, hereafter designated the "LPA" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable; The LPA proposes to establish or make improvements to Iowa 1 and U.S. 6 within Johnson County, Iowa; and The LPA and the DOT are willing to jointly participate in said project, in the manner hereinafter provided, and This Agreement reflects the current concept of this project which is subject to modification by mutual agreement between the LPA and the DOT; and Therefore, it is agreed as follows: 1. Project Information a_ The LPA shall be the lead local governmental agency for carrying out the provisions of this agreement. b. All notices required under this agreement shall be made in writing to the DOT's and/or the LPA's contact person. The DOT's contact person shall be the Area Engineer, Newman Abuissa. The LPA's contact person shall be the Senior Civil Engineer, Dave Panos. c The LPA shall be responsible for the development and completion of the following described U_S 6 and Iowa 1 primary highway projects: NHSN-006-7(89)-2R-52 - Hot Mix Asphalt (HMA) resurfacing on U.S_ 6 from the east corporate limits of Coralville to the south junction with Iowa 1. This project provides for patching, storm and sanitary sewer repairs, sidewalks and ADA curb ramp construction and guardrail updates. The LPA will include construction of water main and water valve repairs. At the intersection of U.S. 6 and Myrtle Avenue, the LPA will add turn lanes, pedestrian accommodations and traffic signals to the intersection (see Exhibit A for location). MP -001-6(717)86-7652 - Portland Cement Concrete (PCC) patching on Iowa 1 from the Iowa River to Ralston Creek all in Iowa City. This maintenance (MP) project was designed by the DOT and will be tied to the LPA U.S. 6 project (see Exhibit B for location), 2018-16-12610 City February 2017 d. All storm sewers constructed as part of the project will become the property of the LPA, which will be responsible for their maintenance and operations. The LPA will not make any connections to said storm sewers without the prior written approval of the DOT. The LPA will prevent use of such storm sewers as a sanitary sewer. 2. Project Costs a. The DOT will be responsible for 100% of the cost for U.S. 6 patching and guardrail updates. b. The LPA will be responsible for 1000A of the cost for intake, manhole, storm and sanitary sewer repairs and subdrains on U.S. 6; curb repairs on U.S. 6; addition of turn lanes at the Myrtle Avenue intersection, erosion control; water main and valve adjustments; and traffic signals, traffic signs and lights at Myrtle Avenue. c. ADA curb ramp construction costs on U.S. 6 will be shared 55% DOT and 45% LPA. d. The division of costs for the projects is as follows (see Exhibit C for costs): Division 1 involves adding turn lanes, signs, lights and traffic signals at the U.S. 6 intersection with Myrtle Avenue and is 100% LPA cost estimated at $726,448. Division 2 involves the DOT share of the improvement project at the U.S. 6 and Myrtle Avenue intersection which includes pavement scarification and HMA resurfacing on U.S. 6 and is 100% DOT cost estimated at $93,984 (no contingency). Division 3 involves PCC patching on Iowa 1 MP project and is 100% DOT cost estimated at $51,166 (no contingency). Division 4 is the DOT share of the HMA resurfacing project improvements on U.S. 6 and is 100% DOT cost estimated at $1,880,792 (no contingency). Division 5 is the LPA share of the HMA resurfacing project improvements on U.S. 6 project and is 10D% LPA cost estimated at $338,426. The divisional share percentages for Lump Sum items are proportioned along the plan divisions based as a percent of the estimated cost of the division is to the estimated total project cost. e. The DOT shall reimburse the LPA for its share of the project costs as outlined above. The amount paid by the DOT upon completion of construction and proper billing by the LPA will be determined by the actual quantities in place and the accepted bid at the contract letting. f. The LPA will bear all costs except those allocated to the DOT under other terms of this Agreement. 3. Environmental, Right -of -Way, Permits and Other Requirements a. The LPA shall be responsible for obtaining any necessary permits from the DOT, such as the Work Within the Right -of -Way Permit, Access Connection/Entrance Permit, Utility Accommodation Permit, Application for Approval of a Traffic Control Device, or other construction permits required for the project prior to the start of construction. Neither the approval of funding nor the signing of this Agreement shall be construed as approval of any required permit from the DOT. 2018-16-126 IomiCily February 2017 b. The LPA shall obtain all project permits and / or approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, or other State or Federal agencies as may be required. c. If right-of-way is required for the project, the LPA shall acquire the necessary right-of-way in accordance with 761 Iowa Administrative Code Chapter 111, Real Property Acquisition and Relocation Assistance. The LPA shall submit preliminary right-of-way plans to the DOT's Office of Right-of-way for review and approval prior to the commencement of any acquisition. d. Additionally, the portions right-of-way acquired for improvements to the Primary Road System shall be acquired in the name of the State of Iowa. The LPA will properly close the sale of each parcel and shall furnish the DOT copies of all completed contracts, deeds, conveyances and condemnation documents (for state right of way), e. If there is a railroad crossing within or near the project work area, the LPA shall obtain the necessary approvals or agreements from the railroad to allow the proposed work to be completed on or around the railroad crossing and / or right-of-way. f. If the project requires utility relocations, subject to the approval of and without expense to the DOT, the LPA agrees to perform or cause to be performed all relocations, alterations, adjustments or removals of existing utility facilities, including but not limited to power, telephone lines, fiber optics lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm water intakes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all parking meters, traffic signals and other facilities or obstructions which are located within the limits of an established street or alley and which will interfere with construction of the project and the clear zone. All utility relocations shall be accomplished in accordance with the DOT's Utility Accommodation Policy, as set forth in 761 Iowa Administrative Code, Chapter 115. g. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the FIS is modified, amended or revised in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the modification, amendment or revision to the DOT. If the LPA does not have a detailed Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the LPA does adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the FIS to the DOT. 4. Project Design a. The LPA or its consultant shall be responsible for the design of all proposed improvements on the U.S. 6 project. b. The project plans, specifications and engineer's cost estimate shall be prepared and certified by a Professional Engineer licensed to practice in the State of Iowa. c. All proposed highway or street improvements shall be designed using good engineering judgment and the American Association of State Highway and Transportation Officials (AASHTO) "Policy on Geometric Design of Highways and Streets", (latest edition). d. The project design shall comply with the "Manual on Uniform Traffic Control Devices for Streets and Highways", by the Federal Highway Administration, as adopted by DOT, as per 761 Iowa Administrative Code, Chapter 130. 2018-1612610 City February 2017 5. Bid Letting a. The LPA shall submit the plans, specifications, and all other contract documents for review and approval prior to letting by the LPA. The project may be submitted for letting in phases, in the order of preference as determined by the LPA. The DOT shall review said submittal(s) recognizing the LPA's development schedule and shall, after satisfactory review, authorize in writing the LPA to proceed with implementation of the project. b. For portions of the project let to bid, the LPA shall conduct the project bid letting in compliance with applicable laws, ordinances, and administrative rules. The LPA shall advertise for bidders, make a good faith effort to get at least three (3) bidders, hold a public letting and award contracts for the project work. DOT concurrence in the award must be obtained prior to the award. The LPA shall provide the DOT file copies of project letting documents within five (5) days after letting C. The LPA shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code section 423.3, subsection 80. The LPA shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The LPA shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. d. The LPA shall be the contracting authority. 6. Construction & Maintenance a. The LPA shall be responsible for the daily inspection of the project, including the compilation of a daily log of materials, equipment, and labor used on the project. b. The LPA shall comply with the procedures and responsibilities for materials testing and construction inspection according to DOT's Materials Instructional Memorandums (I.M.'s) and the Construction Manual. If requested, the DOT may be able to perform some testing services. If performed, the DOT will bill the LPA for testing services according to its normal policy. c. The work on this project shall be in accordance with the approved plans and specifications. Any substantial modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. d. The LPA, in cooperation with the DOT, will take whatever steps may be required with respect to alteration of the grade lines of the new highway facilities constructed under the project in accordance with Iowa Code section 364.15 The DOT and LPA will work together to minimize potential impacts to properties that may occur as a result of the project. e. Subject to the provisions hereof, the LPA in accordance with 761 Iowa Administrative Code sections 150.3(1)c and 150.4(2) will remove or cause to be removed all encroachments or obstructions in the existing primary highway right of way. The LPA will also prevent the erection and/or placement of any structure or obstruction on said right of way or any additional right of way which is acquired for this project including but not limited to private signs, buildings, pumps, and parking areas. f. With the exception of service connections no new or future utility occupancy of project right-of-way, nor any future relocations of or alterations to existing utilities within said right-of-way (except service connections), will be permitted or undertaken by the LPA without the prior written approval of the DOT. All work will be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the DOT. 2018-16-126_la vaClty February 2017 g. Upon completion of the project, no changes in the physical features thereof will be undertaken or permitted without the prior written approval of the DOT. h. After the project construction is complete and prior to final acceptance of the project by the DOT, the LPA shall furnish three sets of "as -built" plans to the DOT's contact person. i. Future maintenance of the primary highway within the project area will be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150. 7. Traffic Control a. U.S. 6 and Iowa 1 through -traffic will be maintained during construction. b. Lane closures will be permitted ONLY from 8:00 pm to 6:00 am beginning at 8:00 pm on Sunday and ending at 6:00 am on Friday. Lane closures outside of these hours will not be permitted. c. Lane closures will NOT be permitted on University of Iowa home football game days. These dates are: • September 1, 2018 • September 8, 2018 • September 15, 2018 • September 22, 2018 • October 20, 2018 • November 10, 2018 • November 23, 2018 d. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" as per 761 Iowa Administrative Code, Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. S. Payments and Reimbursements a. The LPA shall be responsible for making initial payments to the consultant(s) and oontractor(s) for all project costs incurred in the development and construction of the project. After payments have been made, the LPA may submit to the DOT periodic itemized claims for reimbursement for eligible project activities. Reimbursement claims shall include certification by a Professional Engineer licensed to practice in the State of Iowa that all eligible project activities for which reimbursement is requested have been paid in full and completed in substantial compliance with the terms of this agreement. b. The DOT shall reimburse the LPA for properly documented and certified claims for eligible project activity costs- The DOT may withhold up to 5% of the Federal and / or State share of construction costs, either by state warrant or by crediting other accounts from which payment may have been initially made. If upon final audit, the DOT determines the LPA has been overpaid, the LPA shall reimburse the overpaid amount to the DOT. After the final audit or review is complete and after the LPA has provided all required paperwork, the DOT will release the Federal or State funds withheld. c. Upon completion of the project, a Professional Engineer licensed to practice in the State of Iowa shall certify in writing to the DOT that the project activities were completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of State and / or Federal funds shall be made only after the DOT accepts the project as complete. 2018-16-126_10 Gity 5 February 2017 9. General Provisions a. The LPA shall maintain records, documents, and other evidence in support of the work performed under the terms of this agreement. All accounting practices applied and all records maintained will be in accordance with generally accepted accounting principles and procedures. Documentation shall be made available for inspection and audit by authorized representatives of the DOT and / or the Federal Highway Administration (FHWA), or their designees at all reasonable times. The LPA shall provide copies of said records and documents to the DOT upon request. The LPA shall also require its contractors to permit authorized representatives of the DOT and / or the FHWA to inspect all work materials, records, and any other data with regard to agreement related costs, revenues and operating sources. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final amendment / modification to the project in the FHWA's Fiscal Management Information System (FMIS). Upon receipt of such approval by FHWA, the DOT will notify the LPA of the record retention date. b. In accordance with Title VI of the Civil Rights Acts of 1964 and Iowa Code Chapter 216 and associated subsequent nondiscrimination laws, regulations and executive orders, the LPA shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. c. The LPA shall use positive efforts to solicit proposals or bids from and to utilize Targeted Small Business (TSB) enterprises as consultants or contractors and ensure that the consultants or contractors make positive efforts to utilize these enterprises as subconsultants, subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit D which is attached hereto and by this reference incorporated into this agreement. d. The LPA agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews, and funding participation. e. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. f. This agreement is not assignable without the prior written consent of the DOT. g. It is the intent of both (all) parties that no third party beneficiaries be created by this Agreement. h. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. The DOT and the LPA agree to be bound by the decision of the appointed arbitrator. Neither Party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph for arbitration. i. This Agreement may be executed in (two) counterparts, each of which so executed will be deemed to be an original. 2018-16-126_1w Qty February 2017 j. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or amendment(s), represents the entire Agreement between the LPA and DOT regarding this project. All previously executed agreements will remain in effect except as amended herein. Any subsequent change or modification to the terms of this Agreement will be in the form of a duly executed amendment to this document. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2018-16-126 as of the date shown opposite its signature below. CITY OF IOWA CITY: By. 4Date April 17 , 20 18. Title. Mayor I, Kellie K. Fruehling , certify that I am the Clerk of the City, and that James A. Throemorton Who signed said Agreement for and on behalf of the City was duly authorized to execute the same on the 17 th day of A ri1 2 18. Signed 4'—c City Clerk of Iowa Ci , Iowa. IOWA DEPARTMENT OF TRANSPORTATION: By: e !" Date CPl-a 201D . Ames R. Schnoebelen District Engineer District 6 2018-16-126_10 City ASPHALT RESURFACING 20 - US HWY 6 (N. RIVERSIDE DRIVE) •R06KY OCKY SHORE TO STURGIS CORNER DRIVE { CIN OF IOWA CITY cnr orro�e crm IOWA DDT PROJECT NO. NHSN-006.7(89)-28.62 LOCATION MAP - HMA Resurfacing MIB161b IwM1p OVERLAY MIUAM SUMMARY fid` m. man ut" ww 4W W S-tl YbrMo AO! mx uw,Mamose� m c lk IOWA ON L 8DSOD-2924989924989G28ORG TOLL FREE rnmWgona RxAer CALL BEFORE YOU DIG .QA W 4W W S-tl YbrMo AO! Yn11W, "p WYbflMW M1a B.M MtlZW Betlp Wli@xNe YWX Cd MwYMpA�A yAMWtrW WfLY1 mi -mc my.ne /a.r oe. "m-rn wwttlwy m. Ra m+iao sa neraq s.0 •M wa,a lk IOWA ON L 8DSOD-2924989924989G28ORG TOLL FREE rnmWgona RxAer CALL BEFORE YOU DIG .QA 'CMM\O,` MMA 1 �wn 'r <it�. ,2•39']D' GIOWADOT - Lagltme 9l'32'15" Highway Division JOHNSON COUNTY C.)r d tin PCC PATCHING 0 R In law City, hon fwe RSwr to Mleton Cr rl IOWAv b brY 11T. O� liOPiVSeW9 la E c.9 1RDEM W BVEBTB U 6IYlE 6.n11pbfi pERR nR'4 XO t9Y,W C'd'F9{'f_R 14°4 ReEIrwE GropinAV g�,b..-..._�« ���JJJie FAA No. BN1190Y �+ DMIGN DATA URBAN rDXWE - 10 Ryl'I Cim�e .uor xRm rsn MA.n.w�mubm..ra�.mY LLGIRI NW 4YIE 1P1W �_Y pws.Euu ® IeW 0..T E9.W .... _.-.. __ ..... m[w. ms rtaw rtui C1n.y,rlYnbA .�...��.. E HIBR C OPNION OF PEOE LE 0 T IXNEClNwxE xwrtyrnxvnm�ewxc'-u, mrtclma�wu�l WiWiO.EYT xa�Ot6-TID4a.f] me �Xvme recen��For*mw nxn omi omi mn om imz X18-1612E_I"CEy EXHIBIT D UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority (515- 725-3132) or from its website at: https:/A~.iowa.govttsb/index.php/home. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available on-line at: http:/Avww.dot.state. ia. us/local_systems/publicationsttsb_c,ontraaLprovision,pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm %ill not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached 'Checklist and Certification.` This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way, Ames, IA 50010. Recipient: County: CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non -Federal -aid Projects (Third -Party State -Assisted Projects) Project Number: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Economic Development Authority? a YES a NO If no, explain 2. Were qualified TSB firms notified of project? a YES a NO If yes, by U letter, u telephone, U personal contact, or Ll other (specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? U YES U NO If no, 4. Was a goal or percentage established for TSB participation? U YES U NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? u YES U NO If no, what action was taken by Recipient? Is documentation in files? U YES U NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? What was the final project cost? What was the dollar amount performed by TSB firms? Name(s) and address(es) of the TSB firm(s) (Use additional sheets N necessary) Was the goal or percentage achieved? U YES U NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State -assisted contracts associated with this project. Signature Date February 2017 IOWA DEPARTMENT OF TRANSPORT Cooperative Agreement For Primary Road Project County City Project Iowa No. No. Johnson Iowa City NHSN-006-7(89)-2R-52 MP -001-6(717)86-76-52 2018-16-126 This Agreement, is entered into and between the owa Department of Transportation, hereinafter designated the "DOT", and the city 6t Iowa City, Iowa a Local Public Agency, hereafter designated the "LPA" in accordance with Iowa Code apters 28E, 396, 306A and 313,4 as applicable; The LPA proposes to establish or make i pro and The LPA and the DOT are willing to jointly p and This Agreement reflects the current concept agreement between the LPA and the DOT; an Therefore, it is agreed as follows: 1. Project Information a. The LPA shall be the lead local gover me agreement. b. All notices required under this contact person. The DOT's cc contact person shall be the Se c. The LPA shall be responsible and Iowa 1 primary highway I NHSN-006-7(89)-2R-52 - limits of Coralville to the s sanitary sewer repairs, si will include construction I Myrtle Avenue, the LPA intersection (see Exhibi A MP -001-6(717)86 River to Ralston ( and will be tied to 2018-16-1261City to Iowa 1 and U.S. 6 within Johnson County, Iowa; in said project, in the manner hereinafter provided, this project which is subject to modification by mutual for carrying out the provisions of this agre ent shall be mad in writing to the DOT's and/or the LPA's itact erson shall be the ea Engineer, Newman Abuissa. The LPA's nior Civil Engineer, Dave nos. or he development and co\reppla f the following described U.S. 6 o' cts: of Mix Asphalt (HMA) resn U.S. 6 from the east corporate uth junction with Iowa 1. Tprovides for patching, storm and ;walks and ADA curb ramp cn and guardrail updates. The LPA water main and water valvAt the intersection of U.S. 6 and II add turn lanes, pedestriaodations and traffic signals to the for location). 2 - Portland Cement Concrete (PCC) pEkohing on Iowa 1 from the Iowa all in Iowa City. This maintenance (MP) pr 'ect was designed by the DOT 3A U.S. 6 project (see Exhibit 6 for location February 2017 d. All storm sewers constructed as part of the project will become the property of the LPA, which will be responsible for their maintenance and operations. The LPA will not make any conn tions to said storm sewers witho t the prior written approval of the DOT. The LPA will prevense of such storm sewers as a sanitary ewer. 2. Project Costs a. The DOT will be responsib for 100% of the cost for U.S. 6 patching d guardrail updates. b. The LPA will be responsible f r 100% of the cost for intake, manh e, storm and sanitary sewer repairs and subdrains on U.S. ; curb repairs on U.S. 6', addition f turn lanes at the Myrtle Avenue intersection, erosion control, wa r main and valve adjustment , and traffic signals, traffic signs and lights at Myrtle Avenue. C. ADA curb ramp construction costs �n U.S. 6 will be d. The division of costs for the projects ikas follows (see Division 1 involves adding turn lane , signs, with Myrtle Avenue and is 100% LPA cost e Division 2 involves the DOT share of intersection which includes pavement DOT cost estimated at $93,984 (no c( DOT and 45% LPA. C for costs): and traffic signals at the U.S. 6 intersection ad at $725,448. lent project at the U.S. 6 and Myrtle Avenue and HMA resurfacing on U.S. 6 and is 100% Division 2a involves PCC patching o owa MP project and is 100% DOT cost estimated at $51,166 (no contingency). Division 3 is the DOT share of th MA resurfa ing project improvements on U.S. 6 and is 100% DOT cost estimated at $1,880,7 (no continge y). Division 4 is the LPA share of he HMA resurfacin project improvements on U.S. 6 project and is 100% LPA cost estimated at 338,426. The divisional share perc tages for Lump Sum item are proportioned along the plan divisions based as a percent of th estimated cost of the divisio is to the estimated total project cost. e. The DOT shall reimburse paid by the DOT upon cor the actual quantities in N f. The LPA will bear all 3. Environmental, LPA for its share of the project ation of construction and proper and the accepted bid at the con except those allocated to the DOT Permits and Other Requ as outlined above. The amount I by the LPA will be determined by other terms of this Agreement. a. The LPA shall be r sponsible for obtaining any necessary permits fr m the DOT, such as the Work Within the Right -?f -Way Permit, Access Connection/Entrance Permit, Vtility Accommodation Permit, Application forAi5proval of a Traffic Control Device, or other constructs n permits required for the project prior to a start of construction. Neither the approval of funding cr the signing of this Agreement sh II be construed as approval of any required permit from the DOT. 2018-16-126_low City February 2017 b. The LPA shall obtain all project permits and / or approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation fhcer), Iowa Department of I4atural Resources, U.S. Coast Guard, U.S. Army Corps of Enginee , or other State or Federal agencies as may be required. c. If right-of-way is required 1qr the project, the LPA shall acquire the necessary rig -of-way in accordance with 761 Iowa ministrative Code Chapter 111, Real Property Ac uis tion and Relocation Assistance. The' A shall submit preliminary right-of-way plans the DOT's Office of Right-of-way for review and ap roval prior to the commencement of any a uisition d. Additionally, the portions right -of- y acquired for improvements Re/ th rimary Road System shall be acquired in the name of the Sta a of Iowa The LPA will properly ose the sale of each parcel and shall furnish the DOT copies of all mpleted contracts, deeds, cc eyances and condemnation documents (for state right of way). e. If there is a railroad crossing within or nar the project work ea, the LPA shall obtain the necessary approvals or agreements from the railro to allow the pro sed work to be completed on or around the railroad crossing and / or right-of-way, f. If the project requires utility relocations, subjI the LPA agrees to perform or cause to be pei removals of existing utility facilities, including lines, natural gas pipelines, water mains and intakes, sanitary sewers, and related poles, it publicly owned, and all parking meters, traffic located within the limits of an established str§ the project and the clear zone. All utility relg6, to the �(pproval of and without expense to the DOT, med 11 relocations, alterations, adjustments or or DOT s Utility Accommodation Policy, as sgqforth in g. If the LPA has completed a Flood I proposed Primary Highway project by the project after the date of this modification, amendment or revisi Study (FIS) for an area which is adopt an FIS in an area affect } promptly provide notice of the IS 1 4. Project Design a. The LPA or its cc U.S. 6 project. b. The project plans, Professional Engi c. All proposed high) and the American Geometric Des i d. The project deigr Highways", by he Administrative oc 2018-16-126_1w City limited to power, telephone lines, fiber optics s, curb boxes, utility accesses, storm water ins and appurtenances, whether privately or and other facilities or obstructions which are ey and which will interfere with construction of 3\ l be accomplished in accordance with the Iowa Administrative Code, Chapter 115_ s4rice Study (FIS) or an area which is affected by the a the FIS is modife amended or revised in an area affected reement, the LPA sh I promptly provide notice of the 1 to the DOT. If the LPA X40es not have a detailed Flood Insurance acted by the proposed Pri ary Highway project and the LPA does the project after the dateo this Agreement, the LPA shall i the DOT. be responsible for the design of all 4ihcations and engineer's cost estimate shall be licensed to practice in the State of Iowa. oby or street improvements shall be designed usi Association of State Highway and Transportation of Highways and Streets", (latest edition). shall comply with the "Manual on Uniform Traffic Control Federal Highway Administration, as adopted by DOT, as e, Chapter 130, improvements on the and certified by a engineering judgment (AASHTO) "Policy on rices for Streets and 761 Iowa February 2017 5. Bid Letting a. The LPA shall submit the plans, specifications, and all other contract documen or review and approval prior letting by the LPA. The project may be submitted for letting i hases, in the order of preference as termined by the LPA. The DOT shall review said submittal recognizing the LPA's developments edule and shall, after satisfactory review, authorize in w Ing the LPA to proceed with implementat n of the project. b. For portions of the oject let to bid, the LPA shall conduct the pro' ct bid letting in compliance with applicable laws, ordi nces, and administrative rules. The LPA all advertise for bidders, make a good faith effort to get t least three (3) bidders, hold a public ttingand award contracts for the project work. DOT con rrence in the award must be obtain prior to the award. The LPA shall provide the DOT file co s of project letting documents wit6in five (5) days after letting. a The LPA shall include in t @ir Notice to Bidders that S s Tax Exemption Certificates will be issued, as provided for by Iowa Co a section 423.3, subsecf 80. The LPA shall be responsible for obtaining the sales tax exe ion certificates throw the Iowa Department of Revenue and Finance. The LPA shall issue these oe 'ficates to the suc ful bidder and any subcontractors to enable them to purchase qualifying materia ' for the project f of sales tax. d. The LPA shall be the contractir S. Construction & Maintenance a. The LPA shall be responsible for they inspection of the project, including the compilation of a daily log of materials, equipment, an bor used on the project. b. The LPA shall comply with the pro/eclure and responsibilities for materials testing and construction inspection according to DOT's M erials In tructional Memorandums (I.M.'s) and the Construction Manual. If requested, the DOT ay be able o perform some testing services. If performed, the DOT will bill the LPA for testing se ces accordin o its normal policy_ c. The work on this project sh I be in accordance ith the approved plans and specifications. Any substantial modification of hese plans and sped tions must be approved by the DOT prior to the modification being put in effect. d. The LPA, in cooperate n wth the DOT, will take what ver steps may be required with respect to alteration of the grad lines of the new highway faciliti constructed under the project in accordance with Iowa Code sec on 364.15. The DOT and LPA will ork together to minimize potential impacts to properties that ma occur as a result of the project. e. Subject to the p visions herecf, the LPA in accordance wit 761 Iowa Administrative Code sections 150.3(1)c and 50.4(2) will remove or cause to be removed a encroachments or obstructions in the existing prim highway right of way. The LPA w 11 also preven the erection andlor placement of any structure or truction on said right of way or any additional righ of way which is acquired far this project incl ing but not limited to private signs, buildings, pumps, nd parking areas_ f. With thception of service connections no new or future utility occuipancy of project right-of-way, nor anFiloable ture relocations of or alterations to existing utilities within said right-of-way (except service tonnens), will be permitted or undertaken by the LPA without the prior written approval of the DOT.work will be performed in accordance with the Utility Accommodation Policy and other applicrequirements of the DOT. 2018-16-126_lowaCity February 2017 g Upon completion of the project, no changes in the physical features thereof will be undertaken or permitted without the prior written approval of the DOT. h. After the project construction is complete and prior to final acceptance of the project by the DOT, the LPA shall furnish three sets of "as -built" plans to the DOT's contact person. i. Future maintena ce of the primary highway within the project area will be carrd out in accordance with the terms an nditions contained in 761 Iowa Administrative Code C pter 150. 7. Traffic Control a. U.S. 6 and Iowa 1 through raffic will be maintained during constru Ion. b. Lane closures will be permitte ONLY from 8:00 pm to 6:00 a beginning at 8:00 pm on Sunday and ending at 6:00 am on Friday. L e closures outside of thes ours will not be permitted. c. Lane closures will NOT be permitt on University of I home football game days. These dates are: • September 1, 2018 • September 8, 2018 • September 15, 2018 • September 22, 2018 • October 20, 2018 • November 10, 2018 • November 23, 2018 d. Traffic control devices, signing, or avement mar gs installed within the limits of this project shall conform to the "Manual on Unifor Traffic Control vices for Streets and Highways" as per 761 Iowa Administrative Code, Cha er 130. The safety the general public shall be assured through the use of proper protective meas es and devices such fences, barricades, signs, flood lighting, and warning lights as necessary. 8. Payments and Reimbur ments a. The LPA shall be respo sible for making initial payments to th consultant(s) and contractor(s) for all project costs incurred the development and construction of t project. After payments have been made, the LPA may bmit to the DOT periodic itemized claims r reimbursement for eligible project activities. Reimburs ment claims shall include certification by a Pr essional Engineer licensed to practice in the Stat of Iowa that all eligible project activities for whi reimbursement is requested have been paid i full and completed in substantial compliance with t terms of this agreement. b. The DOT shall imburse the LPA for properly documented and certified laims for eligible project activity costs. he DOT may withhold up to 5% of the Federal and / or Sta share of construction costs, either y state warrant or by crediting other accounts from which pay ent may have been initially mad . If upon final audit, the DOT determines the LPA has been over id, the LPA shall reimburse a overpaid amount to the DOT. After the final audit or review is cc late and after the LPA has provided all required paperwork, the DOT will release the Federal or St a funds withheld. c. Upon completion of the project, a Professional Engineer licensed to practice in the tate of Iowa shall certify in writing to the DOT that the project activities were completed in substantial compliancewith the plans and specifications set out in this agreement. Final reimbursement of State and / or Federal funds shall be made only after the DOT accepts the project as complete. 2018-16-126 low City 5 February 2017 9. General Provisions a. The L shall maintain records, documents, and other evidence in support of the work performed under t terms of this agreement. All accounting practices applied and all records maintained will be in accord a with generally accepted accounting principles and procedures. Documentation shall be made availab r irl�pection and audit by authorized representatjves of the DOT and ! or the Federal Highway Administ tion (FHWA), or their designees at all reaso,ribble times. The LPA shall provide copies of said recon s and documents to the DOT upon requ t. The LPA shall also require its contractors to permi authorized representatives of the DOT nd / or the FHWA to inspect all work materials, records, 4d any other data with regard to agr ment related costs, revenues and operating sources. S ch documents shall be retained f at least 3 years from the date of FHWA approval of the final endment / modification to the oject in the FHWA's Fiscal Management Information System( IS). Upon receipt of such a roval by FHWA, the DOT will notify the LPA of the record retention d b. In accordance with Title V f the Civil Rights A sof 1964 and Iowa Code Chapter 216 and associated subsequent non rimination la ,regulations and executive orders, the LPA shall not discriminate against any perso n the basi of race, color, creed, age, sex, sexual orientation, gender identity, national origin, reion, pr nancy, or disability. c. The LPA shall use positive efforts to li rt proposals or bids from and to utilize Targeted Small Business (TSB) enterprises as consult is or contractors and ensure that the consultants or contractors make positive efforts to uti z these enterprises as subconsultants, subcontractors, suppliers or participants in the work ver by this agreement. Efforts shall be made and documented in accordance with Ex bit D ich is attached hereto and by this reference incorporated into this agreement. d. The LPA agrees to indemnify, de end and hold t e DOT harmless from any action or liability arising out of the design, construction, aintenance, pla ment of traffic control devices, inspection, or use of this project. This agreement o indemnify, defen and holo harmless applies to all aspects of the DOT's application review and pproval process, plan nd construction reviews, and funding participation. e. If any part of this agreeme is found to be void and unen rceable then the remaining provisions of this agreement shall rema in effect. f. This agreement is not a ignable without the prior written co ent of the DOT. g. It is the intent of both ( II) parties that no third party beneficiarie be created by this Agreement. h. In case of dispute cerning the terms of this agreement, the pa s shall submit the matter to arbitration pursuan o Iowa Code Chapter 679A. Either party has th right to submit the matter to arbitration after to (10) days notice to the other party of their intent t seek arbitration. The written notice must inclu e a precise statement of the disputed question. The OT and the LPA agree to be bound by the del. sion of the appointed arbitrator. Neither party may se any remedy with the State or Federal cou s absent exhaustion of the provisions of this paragraph f arbitration. i. This Agreement may be executed in (two) counterparts, each of which so a cuted will be deemed to be an original. 2018-16-126_lawaCity February 2017 j. This Agreement, as well as the unaffected provisions of any previous agreement(s), add um(s; and/or amendment(s); represents the entire Agreement between the LPA and DOT r arding this project. All previously executed agreements will remain in effect except as amen.4ed herein. Any subsequent change or modification to the terms of this Agreement will be in th orm of a duly executed amendment to this document. IN WITNESS WHERE6,F, each of the parties hereto has executed date shown opposite its Ngnature below. CITY OF IOWA CITY: By: ' 7}4^ " " Date Title:: IMayor r- ' I, eelke /� trUPlth'A0.certifyth Iamthe who signed said Agreement for and on behal of the dayof LIRr) 1 17_, 201Y. A City Clerk of Iowa City, IOWA DEPARTMENT OF James R. Schno District Engineer District 6 2018-16-126 10MCity 7 No. 2018-16-126 as of the 2018 'k of the City, and that S1 zr S N - 761A all was duly authorized to execute the same on the) lufetRl]6_IvrN3N A HALT )!SUFI llNG 2018 - US HWY 6 (N. RIVERS E DRIVE) = ROC SHORE TO STURGIS CORNER DRIVE CITY OF WA CIT( IOWA DOT WELT 0. NHSN-0OGa7(S9)-2R-S2 \\ r I Imp j I fLRO8EA%_� L•l � � p A l LOCATION MAP ^ HMA Rewrtacing OVF,RIAY MILUAM SUMMARY 19f -f mlemi WAMn IIX. fi Wu^ _ OS XIOX'b.PoJAPgaRe Bn. W1yrt%Mqy l.F.d m! Wad hlemilu Ilq piµ FIXE W]Rf p( p IOWA0292- U u Aol �eM ak Ra CstlFY.m IAl l.F.d m! Wad hlemilu Aq RM WIC Aq IeIM nuy& m P.BI lAIIYW AM rxl hnlroymgW ' C4I W'MY Y Ou.9yq R`rtXn o: brit Ma[o[n >EI -659 SNI+Mt /IIYeb�OM R01-Yfb IM1ifnnl Lally llm Ff an ft WP nnwd. hM War nan IOWA0292- U u IIXFiROM141M 800 282- TOLL FR on cam, rma.orn mx 1LL BEFORE OIG (MY' A FAM165 1 E ILUi9 .IFF _ _. LetltWe Iz•39'30" Len0ltWe 9P 32'l6" H U3 D- a LLGil+1 wP L(E IIOWAD Highway Divis' n 1. u r+oremo ixnpv[Rc ory r� 9ARY In low CAA Iron IrAm River to Ralston Cm" R\Shoat Cro++1no FRA ft. 8/01%Y A IVA�np�(N�Ij� ©IVIS '�'• I.Y.`. 1 •a0P391aaa9l CJR M, �._vv.o MT =vv.e YA.k 1 _yx INCpt OF 81EET9 B n� n� EXHIBIT D UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with to Code Section 19B.7, A is the policy of the Iowa Department of Tr nsportation (Iowa DOT) that Target Small Business (TSB) enterprises shall have the maximum pr cticable opportunity to participate the performance of contracts financed in whole or part wit tate funds. Under this policy the Recipi t shall be responsible to make a positive effort /Cl bids or proposals from TSB firms and to utilize SB firms as contractors or consultants. The Rshall also ensure that the contractors or consult is make positive efforts to utilize TSB firms antractors, subconsultants, suppliers, or pa icipants in the work covered by this agree The Recipient's "positive efforts" s4II include, but not be limited to: 1. Obtaining the names of quali TSB firms from the Iowa E nomic Development Authority (515- 725-3132) or from its website :hftps://www.iowa.govtts dex.php/home. 2. Notifying qualified TSB firms of pr posed projects invol ing State funding. Notification should be made insufficient time to allow the SB firms to parti pate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualifi d TSB fi s on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentagk6oal for TSB participation in each contract that is a part of this project and for which State fu will be used. Contract goals may vary depending on the type of project, the subcontracting o nities available, the type of service or supplies needed for the project, and the availab' ity of qyalified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposal a contract provion titled "TSB Affirmative Action Responsibilities on Non -Fe eral Ad Projects ( ird-Party State -Assisted Projects)" or a similar document develo d by the Recipient. T is contract provision is available on-line at: ^•r^•••••• ••a•c.iv.pwaYbMl15/puuiicaiio .D_contract_provision.pdf b) Ensuring that the ayj�/r/ded contractor has and shall f low the contract provisions. 6. For consultant a) Identifying the 3�813 goal in the Request for Proposal (RFP\ if one has been set. b) Ensuring tha he selected consultant made a positive effort meet the established TSB goal, if any. This hould include obtaining documentation from the nsultant that includes a list of TSB firms ntacted; a list of TSB firms that responded with a boontract proposal; and, if the cons ant does not propose to use a TSB firm that submitte a subcontract proposal, an explana on why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file 2. Bidding pro als or RFPs noting established TSB goals, if any. 3, The attached " ecklist and Certification." This form shall be f II out upon completion of each project and fora ed to: Iowa Department of Transportation, C' it Rights Coordinator, Office of Employee Services, 800 Lincoln Way, Ames, IA 50010. CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non -Federal -aid Projects (Third -Party State -Assisted Projects) Recipient: County: _ 1. Were the names of qual ied If no, explain 2. Were qualified TSB firms no Project Number: Agreement Number: TSB firms obtained from the Iowa Economic Developfnent Authority? a YES a NO of project? a YES U NO If yes, by a letter, a telephone,\Y personal contact, or a other If no, explain 3. Were bids or proposals solicited from If no, explain 4. Was a goal or percentage established for TSB If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use If no, what action was taken by Recipient? Is documentation in files? a YES u NO 6. What was the dollar amount reir from the Iowa Department of Trs What was the final project cost? What was the dollar amount per Name(s) and address(es) of the Was the goal or percentage a If no, explain / TSB firms? u YE, § a NO L YES LJ NO efforts to utilize TSB firms on subcontracts? a YES LJ NO the Recipient d by TSB firms? $ firm(s) 7 u YES a NO (Use additional sheets if necessary) As the duly authorized represent ive of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the Stat assisted contracts associated with this project. Signature uate r CITY OF IOWA CITE_ COUNCIL ACTION REM 3 April 17, 2018 Resolution authorizing the Mayor to sign and the City Clerk to attest Iowa Department of Transportation funding agreement No. # 2018-16-126 for the Asphalt Resurfacing 2018 — US Hwy 6 (N Riverside Drive) Rocky Shore Drive to Sturgis Corner Drive Project. Prepared By: Dave Panos — Senior Civil Engineer Reviewed By: Ron Knoche — Public Works Director Jason Havel — City Engineer Geoff Fruin — City Manager Fiscal Impact: The estimated cost for this project is $3,200,373 and will be funded with Pavement Rehabilitation Funds S3824. Recommendations: Staff: Approval Commission: N/A Attachments: N/A Executive Summary: This agenda item introduces cooperative agreement # 2018-16-126 between the Iowa Department of Transportation and City of Iowa City to begin a joint maintenance project that concentrates on asphalt resurfacing along Hwy 6 in Iowa City along Hwy 1 (N. Riverside Drive) from Rocky Shore Drive to Sturgis Corner Drive. This agenda item also corresponds with the resolution to set public hearing beginning the process to bid the Asphalt Resurfacing 2018 — US Hwy 6 (N. Riverside Drive) Project [[DOT Project No. NHSN-006-7(89) - - 2R-52]. The resurfacing project will include a funding agreement with the Iowa Department of Transportation ([DOT). The funding for the majority of the work and costs associated with the project along US Hwy 6 will be [DOT reimbursed work including milling and resurfacing of US Hwy 6 streets, base repair and patching, pavement markings. The City will utilize pavement rehabilitation funds for the costs associated with maintenance related items along Hwy 6 such as curb and gutter repair, and utility improvements included with the work such as new storm sewer or sanitary sewer facilities being replaced with this project. The IDOT and City will cost share with IDOT paying 55% of costs and City paying 45% of costs on items specifically related to curb ramp repairs, such as sidewalk and curb ramp replacement, new ADA tile installation, and curb and gutter related to this work. Total project costs are estimated at $3,200,373. Funding from the Iowa Department of Transportation will include an estimated share amount of $2,131,386. The remaining funding will include approximately $144,245 in Road Use Tax and utility franchise tax proceeds, $211,680 in Stormwater funds, and $713,062 in Myrtle Intersection Improvement funds. CITY OF IOWA CITY COUNCIL ACTION REPORT The project will also include work to complete concrete patching repairs along Hwy 1 from the Burlington Street bridge to Gilbert Street. The repair costs for this patching work will be 100% reimbursed by the IDOT. In addition, the project will include intersection improvements at the Riverside Drive and Myrtle Avenue intersection. Improvements will include a new traffic signal, the addition of turn lanes, new ADA compliant curb ramps, utility improvements and other associated work. These costs will be paid by the City with the Myrtle Intersection Rehabilitation Fund Pavement Rehabilitation Funds. Background I Analysis: The Asphalt Resurfacing 2018 — US Hwy 6 (Riverside Drive) — Rocky Shore Drive to Sturgis Corner Drive Project will include work at the following locations: Street Milling and 3" Overlay US Hwy 6 (Riverside Drive) from west of Rocky Shore Drive to Sturgis Corner Drive Intersection Improvements Myrtle Avenue Intersection Improvements PCC Patching PCC Patching on Hwy 1 from the Burlington Street Bridge to Gilbert Street Project Timeline: Set Public Hearing — April 17, 2018 Hold Public Hearing — May 1, 2018 Bid Letting — May 23, 2018 Award Date — May 29, 2018 Construction Start — July 9, 2018 3d (3) Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5044 Resolution No. 18-103 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Shive-Hattery, Inc. to provide engineering consultant services for the Highway 1 Trail Project - Sunset Street to Mormon Trek Boulevard. Whereas, the City of Iowa City desires to make commercial areas along Highway 1 more easily accessible for residents by providing safe pathways for pedestrians and bicyclists to travel on; and Whereas, the project will construct a 10 -foot wide trail along the north side of Highway 1 from Sunset Street to Mormon Trek Boulevard; and Whereas, the City of Iowa City desires the services of a consulting firm to prepare preliminary and final design for construction of the Highway 1 Trail Project - Sunset Street to Mormon Trek Boulevard; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with Shive-Hattery Inc. of Iowa City, Iowa, to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Shive-Hattery Inc.; and Whereas, funds for this project are available in the Highway 1 Sidewalk/Trail account # R4225. 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 17th day of April / '2018 v, M or pp oved by Attest - C Clerk City Attorney's Office Resolution No. 18-103 Page 2 It was moved by Mims adopted, and upon roll call there were: Ayes: and seconded by sotchway the Resolution be Nays: Absent: Botchway Cole Mims Salih Taylor Thomas Throgmorton Consultant Agreement This Agreement, made and entered into this 17th day of April 2018 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. Whereas, the City desires to construct a 10' wide sidewalk/trail along the north side of Highway 1 between Sunset Street and Mormon Trek Boulevard. Whereas, the City released an Request for Proposals (RFP) for engineering services to design the trail segment; and Whereas, Shive-Hattery, Inc. submitted a proposal and was selected by a selection committee to perform the engineering efforts; 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 Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Survey and Base Mapping A. Design Survey: The Consultant shall perform a topographic and boundary survey of the project site. Survey shall be used as a base map for the project design. B. Base Mapping: The Consultant shall prepare a base map to facilitate the project design to encompass the project site. The base map prepared will include existing topography features, right-of-way and easement lines, buried utilities based upon field locates, and above ground surface features. Meetings and Coordination A. The Consultant shall attend and participate with kickoff meeting and design meetings following each design process submittal (30%, 60%, 90% and 100%). B. The Consultant shall review existing information provided by the City relative to the project, such as available utility mapping and any planned projects in the general vicinity of the project. C. The Consultant shall provide field review of the project design. As part of the design process, the field review shall be performed to determine a preliminary preferred trail alignment. D. The Consultant shall attend property owner coordination meetings as scheduled by the City. E. The consultant shall attend one public meeting as scheduled by the City. -2 - Design and Construction Documents A. The Consultant shall provide design of all components required for the trail project including but not limited to traffic control plan, trail plan and profiles, signing and pavement markings, utility relocation plans, typical sections and tabulations, drainage, cross-sections, stormwater pollution prevention plan (SWPPP), pedestrian signal, applicable construction details, and incidental design work not specifically stated herein necessary to construct a final completed project. B. Plans and specifications shall be prepared in accordance with the Iowa DOT project development process detailed in Instructional Memorandum No. 3.005. C. The Consultant shall submit plans and specifications to the City of Iowa City and Iowa DOT for review and approval. D. The Consultant shall submit plans to affected utility companies and communicate relocation needs. The City will lead the coordination effort with utilities. The Consultant will provide assistance as needed, E. The Consultant shall provide a preliminary and final design opinion of probable construction costs. Acquisition plats and Temporary Construction easements A. The Consultant shall prepare plats and legal descriptions as needed for the project, and submit plats and legal descriptions to the City for acquisition. Environmental investigation A. The Consultant shall conduct environmental investigations and reporting of the project area involving wetlands, threatened and endangered species, City of Iowa City Sensitive Areas Ordinance, and Phase 1 archaeology study. Permitting A. The Consultant shall prepare and submit the following permit applications for the project: FAA permit, Iowa DOT trail permit, Iowa DOT traffic signal modification permit, Iowa DNR NPDES permit. Project Management and Expenses A. The Consultant shall provide project management of the project scope, schedule, costs, and resources of the project; any deviations from approved cost and schedule must be immediately addressed. Reimbursable project related expenses including printing, mailing, and mileage are included within the total not -to -exceed fee amount. Bid Phase Services A. The Consultant shall respond to questions during the bidding phase and prepare addenda as appropriate. B. The Consultant shall attend one pre-bid meeting as scheduled by the City. -3 - Construction Phase Services A. The Consultant shall attend and participate at a preconstruction meeting to be scheduled by the City. B. The Consultant shall provide construction staking for the project. C. The Consultant shall respond to questions regarding design intent. D. The City shall provide submittal reviews, materials testing, construction observation, and construction administration. E. The Consultant shall prepare and submit record drawings to the City in electronic format, size 11" x 17". The record drawings shall consist of as -built information as provided by the City. Additional Services A. Environmental mitigation and mitigation permitting, if required, may be added as an additional service. B. Geotechnical investigation services may be added as additional services. C. Acquisition services such as staking the proposed acquisitions/easements on site as requested, revising the plats and legal descriptions as requested, and testifying at condemnation hearing. II. Time of Completion The Consultant shall complete phases of the Project in accordance with the schedule shown. M III. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. -5 - It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. 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 The Consultant shall be compensated for the above scope of services for an hourly not -to - exceed fee amount of $105,000 calculated based on the rate schedule attached as Exhibit A and incorporated herein. A breakout of fee is as estimated below. Hourly Not -to -Exceed Fee Estimate: Survey & Base mapping $ 9,500 Meetings & Coordination $ 8,000 Design & Coordination $ 55,500 Acquisition plats & easements $ 3,500 Environmental investigation $ 7,500 Permitting $ 4,000 Project management & expenses $ 5,000 Bid phase services $ 3,000 Construction phase services 9,000 Total $105,000 V. Miscellaneous A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. C. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the City By: w — 91= James Throgmorton Date: April 17, 2018 Attest: G For the Consultant 0 Kevin P. Trom, PE Title: Principal Date: April 12. 2018 14 p roved b . City Attorney's Office yl 1Z -)g Date SHIVEHATTERY ARCH 17 EC7L'PE I EEEG INFE PING ATTACHMENT A STANDARD HOURLY FEE SCHEDULE PROFESSIONAL STAFF: Grade 1 $ 86.00 Grade 2 $103.00 Grade 3 $116.00 Grade 4 $130.00 Grade 5 $142.00 Grade 6 $155.00 Grade 7 $168.00 Grade 8 $185.00 Grade 9 $202.00 ADMIN STAFF: $ 59.00 SURVEY STAFF: One Person $126.00 Two Person $193.00 Scanning Surveyor $155.00 Surveyor with 2 scanners $206.00 REIMBURSABLE EXPENSES: TRAVEL Mileage- Car/Truck $0.54/ Mile Mileage- Survey Trucks $0.64/ Mile Lodging, Meals Cost+ 10% Airfare Cost + 10% Car Rental Cost + 10% Computer Services Cost+ 10% Aerial Photogrammetry Cost+ 10% Professional Services Cost + 10% Prints/Plots/Photos Cost + 10% Deliveries Cost + 10% TECHNICAL STAFF: Grade 1 $ 62.00 Grade 2 $ 76.00 Grade 3 $ 85.00 Grade 4 $ 94.00 Grade 5 $106.00 Grade 6 $119.00 Grade 7 $134.00 Prints/Plots: Bond Mylar Photogloss Color Bond Foam Core Mounting Color Prints: Letter Size Legal Size Project #118121P 911m Hencry 12839Wth : cMw I low,,ity,IA52245 1 319.35:3 101 fu319.354.02I I sNWharte,vcun Ra $ .30/Sq. Ft. $ .75/Sq. Ft. $ .90/Sq. Ft. $ .60/Sq. Ft. $ 13.00 $ 1.00 $ 2.00 Project Understanding / Key Issues Evaluate Sunset crossing location • Existing I Crossing • StraightThru Crossing ` • Traffic Signal Crossing Culvert Crossing • Headwall modifications • new railing • stream gauge coordination • clear zone review (Iowa DOT) Metro Area Trails Map shows future Willow CreekTrail connection along north side of Willow Creek (difficult terrain; multiple properties). Possible opportunity to work with vacant parcel for revised trail connection? kil Fi ATTACHMENT B Iowa DOT Construction t` �• Permits and Reviews (Drainage, Clear Zone, Traffic Control, Etc) Multipledrainage outlets -evaluate drainage area and maintain flow lines Negotiate significant grade change Possible acquisition „ FAA Permit for construction or easement needs ' _ 7It (narrow right of s near airport way) -.,. Maximize separation from Highway t within right-of-way Preliminary environmental reviews 1\ti: and DOT clearances (NEPA/SHPO) Highway i frail Improvements - Shive-Hatlei y Architecture + Engineering 20 r 1 CITY OF IOWA CIT- -r � COUNCIL ACTION REPO 3 1 April 17, 2018 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Shive-Hattery, Inc. to provide engineering consultant services for the Highway 1 Trail Project - Sunset Street to Mormon Trek Boulevard. Prepared By: Brett Zimmerman - Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Simon Andrew — Assistant to the City Manager Fiscal Impact: $105,000 for engineering services will be funded through account #R4225 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item approves the consultant agreement with Shive-Hattery Inc., for the design of the Highway 1 Trail Project - Sunset Street to Mormon. This project generally includes the construction of a 10 -foot wide trail along the north side of Highway 1 from Sunset Street to Mormon Trek Boulevard. Background 1 Analysis: This project includes a new trail connection from Sunset Street to Mormon Trek Boulevard, and is an extension of the recently completed Highway 1 Trail project that is located from Orchard Street to Sunset Street. The project completes the planned Highway 1 Trail system and ultimately connects the existing Iowa River Corridor Trail to the existing Mormon Trek Boulevard wide sidewalk. Staff has negotiated a not -to -exceed design fee of $105,000. Prepared by: Josh Slattery, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 Resolution No. 18-104 Resolution accepting the work for the storm sewer, drainageways, sanitary sewer, water main, and paving public improvements for St. Andrew Presbyterian Church — Part One, and declaring public improvements open for public access and use Whereas, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications approved by the Engineering Division. Sanitary sewer, storm sewer, drainageways, and water main improvements for St. Andrew Presbyterian Church - Part One, as constructed by Spencer Construction, Inc. of Iowa City, Iowa. Paving improvements for St. Andrew Presbyterian Church - Part One, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. Whereas, the maintenance bonds have been filed in the City Clerk's office; and Whereas, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and Whereas, the traffic control signs have been installed. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 17th day of April 2018 Attest: �P2 �s P Ci Clerk It was moved by riims d adopted, and upon roll call there were: Ayes: Nays: x x x x x x x /� 46�::j Mayor seconded by p roved by y-) --- City Attorney's Office sotchway the Resolution be Absent: Botchway Cole Mims Salih Taylor Thomas Throgmorton tr CITY OF IOWA CIT 4.7_ -^'�� COUNCIL ACTION REPOT April 17, 2018 Resolution accepting the work for the storm sewer, drainageways, sanitary sewer, water main, and paving public improvements for St. Andrew Presbyterian Church — Part One, and declaring public improvements open for public access and use Prepared By: Josh Slattery - Senior Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Simon Andrew — Assistant to the City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: St. Andrew Presbyterian Church — Part One is a 33.37 -acre subdivision located north of Camp Cardinal Boulevard and east of Camp Cardinal Road. The subdivision contains two lots and one outlot. Lot one is the location of St. Andrew Presbyterian Church. Lot two is a multi -family residential development lot with a 30 -unit apartment building being built now and a 24 -unit apartment building planned for the future. The public improvements include construction of Gathering Place Lane from Camp Cardinal Road to the north property line of the subdivision as well as Camp Cardinal Road improvements, as required by the Conditional Zoning Agreement. The conditional zoning agreement was approved by council on February 7, 2017. Background / Analysis: The construction of the sanitary sewer, water main, storm sewer, drainageway, and paving public improvements for St. Andrew Presbyterian Church — Part One have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (3 19) 356 - 5000 ENGINEER'S REPORT (319) 356 - 5009 FAX www.icgov.org February 9, 2018 Honorable Mayor and City Council Iowa City, Iowa Re: St. Andrew Presbyterian Church — Part One Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, drainageway, water main, and paving public improvements for St. Andrew Presbyterian Church — Part One have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Dennis Spencer Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, /Z a�avel, .E. City Engineer Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319)356-5D44 Resolution No. 18-105 Resolution approving, authorizing and execute and the City Clerk to attest between the City of Iowa City and engineering consultant services for the Replacement Project. directing the Mayor to an Agreement by and IIW, P.C. to provide Prentiss Street Bridge Whereas, the City of Iowa City desires to replace the Prentiss Street Bridge over Ralston Creek; and Whereas, the project will also include replacement of pavement and storm sewer along Prentiss Street from Linn Street to Dubuque Street, watermain improvements, and streambank restoration efforts; and Whereas, the City of Iowa City desires the services of a consulting firm to prepare preliminary and final design for construction of the Prentiss Street Bridge Replacement Project; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with IIW, P.C. of Dubuque, Iowa, to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with IIW, P.C.; and Whereas, funds for this project are available in the Prentiss Street Bridge Replacement account #S3935. 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 t 7th day of April 20 18 /- Mayor Approved by Attest4CCIeZ;Z:e— City Attorney's Office H �zl�sr It was moved by trims and seconded by Botchway the Resolution be adopted, and upon roll call there were: Resolution No. 18-105 Page 2 Ayes: P Nays: Absent: Botchway Cole Mims Salih Taylor Thomas Throgmorton Contract No. Owner Project No. IIW Project No. 17143 Iowa DOT Project No. BROS-3715(663)--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 Owner, located at: 410 E. Washington Street Iowa City, IA 52240 Phone: (319) 356-5044 and IIW, P.C., the Consultant, located at: 4155 Pennsylvania Avenue Dubuque, Iowa, 52001 Phone: (563) 556-2464 Fax: (563) 556-7811 For the following Project: In the City of Iowa City, Prentiss Street Bridge over Ralston Creek, from South Dubuque Street to required tie-in east of bridge. The Owner 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 Owner desires to employ the Consultant to provide design and construction 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 51 TABLE OF CONTENTS Article Number And DescrIR!! n 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 Work 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 Owner 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 51 ARTICLE 1 INITIAL INFORMATION This Agreement is based on the following information and assumptions. 1.1 Project Parameters The objective or use is: The Owner desires to retain the services of the Consultant to assist with the design of the replacement Prentiss Street Bridge over Ralston Creek and Prentiss Street west to South Dubuque Street; including provisions for pedestrian crossing, any necessary utility adjustments, and slope stabilization along Ralston Creek. 1.2 Financial Parameters 1.2.1 Amount of the Owner's budget for the Consultant's compensation is: $147,523 1.2.1.a Amount of the Owner's budget for the Consultant's Preliminary Engineering Participating compensation is: $117,299 1.2.1.b Amount of the Owner's budget for the Consultant's Preliminary Engineering Non - Participating compensation is: $3,920 1.2.1.c Amount of the Owner's budget for the Consultant's Construction Engineering Participating compensation is: $6,975 1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is: $19,329 1.2.2.a Amount of the Consultant's budget for the subconsultants' Participating compensation is: $19,329 1.2.3 Separate internal job numbers will be utilized by the Amount Consultant to separate federally participating and non -participating PE work and CE work. Cost will also be separately identified on the Consultant's billing statement. 1.3 Project Team 1.3.1 The Owner's Designated Representative, identified as the Contract Administrator is: Brett Zimmerman. The Contract Administrator is the authorized representative, acting as liaison officer for the Owner 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: Nathan Miller, P.E. 1.3.3 The subconsultants retained at the Consultant's expense (Participating) are identified in the following table: Page 3 of 51 Subconsultant WAPSI VALLEY ARCHAEOLOGY, INC. BRAUNINTERTEC CORPORATION 1.4 Time Parameters Amount Maximum Amount Method of Pavment Authorized Payable $9,828 $9,828 Lump Sum $8,713 $9,501 Fixed Overhead Rate 1.4.1 The Consultant shall begin work under this Agreement upon receipt of a written notice to proceed from the Owner. 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 and roadway preliminary design shall be completed and accepted on or before July 17, 2018, or 45 calendar days after receiving the notice to proceed (whichever is greater) or otherwise extended by written approval of the Contract Administrator or adjusted by supplemental agreement. 2. Final design, contract plans and specifications and estimates shall be completed and in a form acceptable to the Owner on or before October 23, 2018. 3. Completion of all work under this agreement shall be on or before December 1, 2019. 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 Owner has been notified by the Iowa DOT that FHWA Environmental Concurrence has been obtained. Upon receipt of such notice, the Owner will provide the Consultant notice to proceed with final design activities. 1.5 Minimum Qualification Standards (MOS) 1.5.1 The Consultant is required to meet the Minimum Qualifications Standards (MQS) requirements of specked 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 222 (Bridge Construction), 323 (Hydraulic and Hydrologic Studies) and 216 (Non -Standard, Non -Steel Bridge Design). 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 meets the MQS 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 Owner 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 Owner and 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 Page 4 of 51 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 Owner. 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 [ ] Specific Rate of Compensation - Attachment C .4 [ ] Unit Price - Attachment C .5 [x] 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 shall require the subconsultants (if applicable) 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 4.1.1 All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the Owner and shall be delivered to the Contract Administrator 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 Owner, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the Owner's sole risk and without liability or legal exposure to the Consultant. 4.1.2 The Owner 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 Owner upon completion of the services and payment in full of all moneys due to the Consultant. 4.1.3 The Owner and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment B. Any change to these specifications by either the Owner 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. Page 5 of 51 4.1.4 The Owner 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 Owner 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. 4.2 Subconsultant Contract Provisions and Flow Down 4.2.1 All provisions of this Agreement between the Owner 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 Owner and any of the subconsultants. The Consultant will encourage open communication among the Owner, the Consultant and the subconsultants. 4.3 Consultant's Endorsement on Plans. The Consultant and 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. 4.4 Progress Meetings. From time to time as the work progresses, conferences will be held at mutually convenient locations at the request of the Contract Administrator to 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 Administrator to pass judgment on the features and progress of the work. 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 Owner, 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 Owner'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 Page 6 of 51 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 Owner will provide extra compensation to the Consultant upon the basis of actual costs plus a fixed fee amount, or at a negotiated lump sum. The Consultant shall not proceed with "Extra Work" without prior written approval from the Owner 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 Owner has the right, at its discretion, to disallow those costs. However, the Owner shall 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 Owner or the Contract Administrator, or because of unavoidable delays beyond the reasonable control of the Consultant. 4.9 Responsibility For Claims And Liability 4.9.1 The Consultant agrees to defend, indemnify, and hold the Owner, 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 Owner 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 Owner at 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 Owner or the Iowa DOT unless it obtains the approval of the Owner or the Iowa DOT, as applicable, and it does not create a conflict of interest under the provisions of Iowa Code section 68B.2A. The Consultant shall not engage the services of a former employee of the Owner or the Iowa DOT, as applicable, unless it conforms to the two-year ban outlined in Iowa Code section 68B.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 Owner 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 Owner to 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 Owner 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. Page 7 of 51 4.11.3 In the event the Owner suspends the work being performed pursuant to this Agreement the Consultant with 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 Owner to terminate this Agreement at anytime and for any reason upon not less than thirty (30) days written notice to the Consultant. 4.12.2 In the event the Agreement is terminated by the Owner 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 fixed 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. 4.12.3 In the event the Agreement is terminated by the Owner 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 Administrator shall 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 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. 4.13 Right to Set-off. In the event that the Consultant owes the Owner any sum under the terms of this Contract, the Owner may set off the sum owed to the Owner against any sum owed by the Owner to the Consultant under any other contract or matter in the Owner's sole discretion, unless otherwise required by law. The Consultant agrees that this provision constitutes proper and timely notice of the Owner'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 Owner, 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 Owner, 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 on the grounds of age, race, creed, Page 8 of 61 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 Owner 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 Standard Assurances: During the performance of this contract, the Consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "Consultant") agrees 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 discriminate on the grounds of race, color, national origin, sex, age, marital status, sexual orientation, gender identity, religion, 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 listed in Section 4.17.4.2 above. 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 Owner, 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 Owner, 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 Owner shall 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. Page 9 of 51 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 Owner, 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 Owner or the Iowa Department of Transportation to enter into such litigation to protect the interests of the Owner 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. 4.17.5 The Consultant shall comply with the contract compliance terms and conditions of Attachment I. 4.17.6 The Consultant shall comply with the wage theft policy terms and conditions of Attachment J. 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 CFR 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 Consultant shall pay its subconsultants for satisfactory performance of their work no later than 30 days from receipt of each payment it receives from the Owner for such work. If the Owner holds 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 Owner, 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 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 Owner or such remedy as the Owner, 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 part 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. Page 10 of 51 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. IIW, P.C. By / Dennis F. Waugh, P.E., S.E. President ATTEST: By 1ggw- d l L44M t� Nathan Miller, P.E. Project Manager Date: ZD B Date: (A. W. -2018 City of Iowa City By Date: 0 /: Jim Throgmorton Mayor IOWA DEPARTMENT OF TRANSPORTATION Accepted for FHWA Authorization' By Name Title Date: " 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 11 of 51 ATTACHMENT A Scope of Services The scope of services, as developed and agreed upon jointly by the Owner and the Consultant includes: I. BASIC SERVICES OF THE CONSULTANT. The Consultant will consult on a regular basis with the Owner to clarify and define the Owner's requirements for the Project and review available data. The Consultant will provide the following services in regards to the Project: PROJECT COORDINATION FPCI The Consultant will complete the following project coordination activities: PC: Task 1 — Iowa DOT Coordination Based on selected design, the Consultant will coordinate with Iowa DOT to determine what project elements are eligible for City bridge funds (identify the touchdown limits), and what elements (if any) will need to be paid for with local funds. Project may require two divisions, FHWA eligible (80% federal and 20% local funds) and non-FHWA eligible (100% locally funded). PC: Task 2 - Project Management (12 Months from May 2018 -May 2019) The project manager for the Consultant will be responsible for maintaining coordination with the Owner, monthly progress reporting, minutes of meetings, interoffice memoranda, and project invoicing. This task also includes scheduling of staff, review of progress, and senior review of deliverables. CONCEPTUAL DESIGN [CSI The Consultant shall identify design criteria and project concepts. CS: Task 1 - Project Kickoff Meeting The Consultant will conduct one (1) kick-off event with the Owner and project team. The event will involve the development of a project plan, including a high level master schedule, resource plan, and a proactive risk identification and mitigation analysis. This meeting will also serve to develop project goals, establish initial design parameters, data collection, and document project stakeholders for coordination. Data to collect includes roadway as -built plans, right-of-way information, and project requirements as defined in the funding agreement. Prepare minutes of meetings and keep documentation of other communications. For budget purposes, the Consultant will attend one (1) meeting that will be attended by two (2) staff members of the Consultant. CS: Task 2 —Boundary Survey and Property Owner Parcel Research Consultant shall conduct research to determine roadway right-of-way lines and property ownership including collection of property pins in the area as necessary to establish property lines and determine property ownership. Furthermore, the Consultant shall coordinate the related activities to be performed by sub -consultants: - The owner shall provide Title Reports for the two parcels north of the bridge along Ralston Creek to the Consultant. CS: Task 3 — Topographic Survey The Consultant shall conduct design level field survey for use in project design, hydraulic calculations for permit submittals and final project documents. Survey extents along Ralston Creek include a detailed topographic survey 200 feet upstream and downstream of structure, and the hydraulic openings of the two upstream structures and the downstream structure. Survey extents along Prentiss Street include a detailed topographic survey from S. Dubuque Street to 250 feet east of existing bridge, and along S. Linn Street 200 feet north of structure. Prepare base drawing for use in design. CS: Task 4 — Environmental Documentation and Concept Statement The Consultant shall research Iowa DOT, Iowa DNR, FIS and USACE requirements to confirm appropriate design and permitting standards and requirements. Furthermore, the Consultant shall, coordinate the related activities to be performed by sub -consultants: - Wapsi Valley Archaeology to conduct historical and archeological investigations. - The Owner shall provide the Consultant with the results of the wetland delineation investigations. Page 12 of 51 CS: Task 5 - Public Information Meeting 1 of 2 The Consultant will conduct the first of two (2) public information meetings that will be attended by two (2) staff members of the Consultant. Prepare minutes of meetings and keep documentation of other communications. The purpose of the meetings will be to provide a brief overview of the proposed corridor and improvements to the intersection and a discussion of the reconstruction plan, as well as gather information on the concerns, priorities and specific issues of the adjacent property owners and other affected parties. This task includes preparation of the public notification letter, display materials and hand out information for the meeting. This meeting will be scheduled after discussion with the Owner's staff as to appropriate timing. PRELIMINARY DESIGN rPDI (60% Plan Submittal) The Consultant will perform preliminary design services with the primary focus to be on geometric plans and profiles, existing and proposed utility locations, and right-of-way requirements. Incorporate potential elements that may affect the improvements, including property impacts, construction staging and traffic control operations. The preparation of preliminary design plans depicting the proposed bridge/box culvert grading, drainage, paving, signing, utility relocation, sidewalks, and other features of the project. The work to be performed by the Consultant under the Preliminary Design phase includes the following tasks: PD: Task 1 — Determination of Structure Size Determine structure size: The original FIS hydraulic model from FEMA Library was completed with a software that is no longer able to be directly replicated. The Consultant will perform Hydraulic and Hydrologic Analysis in coordination with the DNR to determine the acceptable analysis and permitting methodology, including a pre -application conference. This will most likely include modeling the existing structure, and downstream railroad bridge, and possibly the upstream structure, with HEC -RAS format and run the model to obtain a match with the published FIS data. The Consultant will then model the proposed structure with HEC -RAS to confirm it has better hydraulic performance than the existing. The appropriately sized replacement structure in combination with the approach roadway profile will meet "no - rise" criteria if possible. If not possible, a CLOMR may be needed and would be considered extra services. PD: Task 2 — Options Analysis Develop preliminary geometry and estimated comparative cost difference for a standard box culvert as compared to a custom single span concrete slab bridge. Develop alternatives and cost estimates for replacement of downstream slope protection replacement. Options and recommendations to be presented to the Owner, at which time a final determination of structure type and slope protection type/extents shall be made. PD: Task 3 —Design Development Meeting 1 of 3 The Consultant will maintain communications with the Owner to review progress and discuss specific elements of the project design and receive direction from the Owner. These meetings will serve as a forum to review design development and discuss Owner review comments. For budget purposes, this meeting will be attended by two (2) staff members of the Consultant. PD: Task 4 - Utility Conflict Identification The Consultant will follow the Iowa DOT utility accommodation and coordination process to determine utility coordination efforts and potential impacts. The Consultant will identify utility conflicts based upon the preliminary design layout and develop a tabulation with plan sheet exhibits for purposes of working through conflict resolution. This task includes storm sewer, water main, sanitary sewer and all private utilities including gas, electric and communications. PD: Task 5 - Utility Coordination Meeting 1 of 2 The Consultant will conduct meetings with the utility companies to address potential conflicts. Based on the Iowa One Call System, there are assumed to be 7 private utilities in this area. Prior to topographic survey data collection, the Consultant shall utilize the utility design locate process to allow field location of utilities. For budgetary purposes, the consultant has assumed a total of two (2) project utility coordination Page 13 of 51 meetings to be attended by one (1) staff member of the Consultant. All impacted utility companies will be invited to each of the two utility coordination meetings. This first meeting will be to advise of the nature and extent of the improvements and any potential conflict with existing or proposed utility systems. The Consultant shall keep a record log of all communications and correspondence with each utility company and provide the record log to the Owner prior to preconstruction conference. PD: Task 6 — Acquisition Requirements Identification The Consultant will identify permanent right-of-way and permanent/temporary easement needs based on the preliminary design development. The requirements will take into considerations proposed utilities, construction staging and access, utility relocations and other critical construction elements. PD: Task 7 — DNR Floodplain Permitting and USACE permitting Prepare and submit permits to the DNR Floodplain permit and USACE. Prepare permit documentation to DNR for review and issuance of flood plain development permit. Prepare and submit permits to the DNR and USACE. Submissions to the DNR and USACE will include the documentation needed for permitting. Submit request for Nationwide or Regional Permit to USACE. PD: Task 8 — Preliminary Design Plan Preparation (60% Plans) Upon completion of the Preliminary Plans, the design plans will be approximately 60 percent complete. The work to be performed by the Consultant under Preliminary Design will consist of the following tasks which will be submitted as Preliminary Plans to the Iowa DOT. In addition to the plans listed, since the structure is in a detailed flood study, a review is necessary by the Iowa DOT Office of Structures: Title and General Information (A Sheets) This task consists of assembling the preliminary title and general information sheets. The preliminary title sheets will include the following: Index of Sheets, Legend, Location Map, Project Number, Design Traffic data. Includes utility conflict identification tabulations and plan design exhibit sheets. Preliminary Typical Cross Sections (B Sheets) This task consists of assembling the typical roadway cross section. Preliminary Plan (D Sheets This item consists of the site plan and profile sheets, including the detail information required for plan approvals, permitting, and construction of the proposed improvements. Preliminary Survey Reference (G Sheets The preliminary plans will include preliminary survey reference information. Preliminary Right -of -Way (H Sheets) The preliminary plans will include an ownership reference plan exhibit showing general parcel information. Preliminary Traffic Control and Staging (J Sheets) Develop suitable plan for construction scheduling and staging of the Project and for traffic control measures to be implemented during construction assuming Prentiss Street will be closed to through traffic while maintaining traffic to businesses. Preliminary Storm Sewer (M Sheet Develop preliminary layout for the removal and replacement of the undersized storm sewer along Prentiss Street, from Dubuque Street to Ralston Creek. Resolve potential conflicts with underground utilities and other design elements. Vertical profiles are developed as part of this task. Preliminary Water Main Sheets (MWM Sheets) Develop preliminary water main layout for addition of a bored 8" water main under Ralston Creek to provide a loop between existing water mains on either side of Ralston Creek, and install connection point for future 12 -inch water main along S. Linn St. Resolve potential conflicts with underground utilities and other design elements. Vertical Profiles are developed as part of this task. (Non -Participating Scope Item) Page 14 of 51 Preliminary Sidewalk Plans (S Sheets) Develop preliminary curb ramp layout and accessible curb ramp design in accordance with Chapter 12 of Iowa SUDAS Design Manual. Design ramp geometric configurations alternatives, identify surface requirement, review general horizontal curb openings, cross slopes, running slope, and identify sidewalk width and passing space within the corridor. Structure Situation Plan W Sheets) This item consists of preliminary layout of the replacement structure in accordance with the detail necessary for Preliminary Plan submittal to the DOT. In addition to the V sheet, the submittal will include the required Risk Assessment, Form 1e, and Hydraulic Model for review by the Iowa DOT Office of Structures. Preliminary Cross Sections (W Sheets) This task consists of the design and drafting associated with the assembly of detailed cross sections (25' increments) to illustrate typical conditions, drainage designs, and non -typical conditions as needed for guidance during design, review, and quantity estimating purposes. PD: Task 9 — Design Development Meeting 2 of 3 The Consultant will maintain communications with the Owner to review progress and discuss specific elements of the project design and receive direction from the Owner. These meetings will serve as a forum to review design development and discuss Owner review comments. For budget purposes, this meeting will be attended by two (2) staff members of the Consultant. PD: Task 10 - Field Review Conduct a Feld review with key members of the Consultant Design Team and Owner staff (Project Development Team) to discuss key issues and design concepts, including drainage, access control, traffic control/stage construction and right of -way. The review will determine the completion of the plan design, identify needed adjustments to minimize potential property impact and confirm the proposed staging plans. Revisions will be noted for preparation of the final design. Completion of the field review will allow preparation for Final Plans. PD: Task 11 — Preliminary Individual Parcel Exhibits The Consultant will prepare individual property acquisitions exhibits (8.5 -in by 11 -in) for each parcel which will consist of aerial imagery and show the proposed roadway design elements, driveway access, site modifications, in addition to existing right-of-way lines, proposed fee title right-of-way needs and permanent/temporary easement needs. The exhibits will be labeled with key parcel information and reference individual easement square footage areas. The exhibits will be used for initial right-of-way discussions and verification in advance of the preparation of acquisition plats. For budgetary purposes, it is assumed that a total of ten (10) parcel exhibits are required within the project limits. PD: Task 12 - Construction Cost Review The Consultant will prepare a preliminary Opinion of Probable Construction Cost for the project and compare the cost to the Owner's current Project budget. The Consultant will, if necessary, make recommendations pertaining to modifications in the Project in order to address budgetary concerns. Cost estimates will be developed as part of the 60% plan submittal and based on representative major project elements and recent bid information. Detailed quantity takeoffs will not be developed for the preliminary cost estimate. PD: Task 13 - Quality Control Involve ongoing quality control input from the Project Team and the design engineer's senior technical staff throughout the development of preliminary plans. The design engineer is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submittal of the 60% plan set to the Project Team. Review the preliminary engineering plan set for technical accuracy, as well as for general constructability and conformance with the project design criteria. Page 15 of 51 PD: Task 14 — Individual Stakeholder Meeting 1 of 2 (Impacted Businesses) The Consultant will attend meetings with key business stakeholders directly impacted by the project. Prepare minutes of meetings and keep documentation of other communications. Individual meetings with business representatives will be coordinated and scheduled by the Consultant to provide support for the technical design. Owner staff will attend for support. Key stakeholders will be identified and may include: a) Boyd Investment Company, LC b) Dubuque & Prentiss Investments LC c) XJ -13 LLC d) Hinckley, Harry W e) LV -1 LLC f) Rogue Investments LLC For budgetary purposes, the consultant has assumed a total of two (2) stakeholder meetings to be attended by (1) staff member of the Consultant. All impacted stakeholders will be invited to each of these two meetings. This first meeting will be to advise of the nature and extent of the improvements, to assist the Owner to engage these property owners, and capture input as it relates to the design development of the project corridor. PD: Task 15 - Public Information Meeting 2 of 2 The Consultant will conduct the second of two (2) public informational meetings that will be attended by two (2) staff members of the Consultant. Prepare minutes of meetings and keep documentation of other communications. The purpose of the meetings will be to provide a brief overview of the proposed corridor and improvements to the intersection and a discussion of the reconstruction plan, as well as gather information on the concerns, priorities and specific issues of the adjacent property owners and other affected parties. This task includes preparation of the public notification letter, display materials and hand out information for the meeting. This meeting will be scheduled after discussion with Owner staff as to appropriate timing. FINAL DESIGN WDI The Consultant will proceed with final design, contract drawings, specifications and opinion of probable construction costs for the award of a single Contract for the construction of the proposed improvements. The work tasks to be performed include the following: FD: Task 1 - Incorporate Comments from Preliminary Plan Review (60%) and Field Review The Consultant will respond to comments resulting from the preliminary plan review and field exam. Recommended modifications will be incorporated into the plan set. The Consultant will revise preliminary construction plans and special provisions to incorporate Owner, Iowa Department of Transportation, and utility company comments. FD: Task 2 — Structural Design Perform structural design of the desired replacement structure. Services will include the incorporation of the standard details for a reinforced box culvert, or the custom design of a single -span concrete slab bridge. FD: Task 3 — Prepare Acquisition Plats The Consultant shall prepare acquisition plats and legal descriptions for property to be acquired for the project. Said plats and legal descriptions shall comply with requirements of the Iowa Code and shall be prepared by or under the direct supervision of a licensed land surveyor under the laws of the State of Iowa. For estimating purposes, the following numbers of acquisition plats are assumed for this agreement: Permanent (Fee -Title) Right -of -Way Acquisition Plats = 4 each Temporary Construction Easement = 6 each Permanent Utility Easement = 0 each Individual plats and legal descriptions will be prepared for each parcel with permanent and temporary acquisitions. The legal descriptions shall be metes & bounds descriptions for both permanent and temporary construction acquisitions. The plats and legal descriptions shall comply with requirements of the Iowa Code and shall be prepared by or under the direct supervision of a duly licensed land surveyor under Page 16 of 51 the laws of the State of Iowa. The plats shall also be completed in accordance with the City of Iowa City requirements. FD: Task 4. Right-of-Way/Easement Staking This task consists of staking the easement locations for purposes of right-of-way negotiations. The staking survey includes the marking of key easement location points in order to visualize the locations in the field and shall also include marking of existing property line locations. For the purpose of this agreement, all permanent and temporary easements will be staked one (1) time. FD: Task 5 - Check Plans (90% Plans) The Consultant will provide the Owner with the following deliverables: Final Title and General Information (A Sheets) This item consists of finalizing the title sheet. The title sheet will include the following: Index of Sheets, Legend, Location Map, Project Number and Design Traffic Data. Also includes utility conflict identification tabulations and plan design exhibit sheets. Final Typical Sections and Details (B Sheets) This item consists of final design and drafting of typical cross sections and standard details to be utilized for the improvements. Final Estimate of Quantities and Tabulations (C Sheets) This item consists of final bid items to be included in the Project, as well as final quantity tabulations, and the development of the general notes and estimate reference information. This item also includes the final design and drafting of erosion control measures to be provided on the Project. Final Plan and Profiles (D Sheets) This item consists of the final design and drafting of roadway plan and profile sheets, including the detail information required for plan approvals, permitting, and construction of the proposed improvements. (Partially Non -Participating Scope Item) Final Survey Reference Sheets (G Sheets) This task consists of assembling reference ties to the plan control points and the benchmark data used to develop the plans and to be preserved throughout construction of the project. This task also includes preserving any Government Corners that are found in the vicinity of the proposed construction and inclusion of horizontal alignment information. Final Right -of -Way Sheets (H Sheets) This task consists of final permanent right-of-way and permanent and temporary easements required to construct the project. Final Traffic Control and Staging Sheets (J Sheets) This item consists of final design and drafting of the traffic control, staging and temporary pavement plans. The traffic control devices, procedures, and layouts will be as per the requirements of the Iowa DOT and Manual on Uniform Traffic Control Devices (MUTCD). Final Geometric Staking and Jointing Sheets (L Sheets) This item consists of the final design and drafting of jointing details, spot elevations, and geometric layouts for all non- typical pavement areas. (Partially Non -Participating Scope Item) Final Storm Sewer (M Sheets) Develop final storm sewer details for the removal and replacement of the undersized storm sewer along Prentiss Street, from Dubuque Street to Ralston Creek. Final Water Main Sheets (MWM Sheets Final design and permitting for addition of a bored 8" water main under Ralston Creek to provide a loop between existing water mains on either side of Ralston Creek, and install connection point for future 12 - inch water main along S. Linn St. (Non -Participating Scope Item) Page 17 of 51 Final Pavement Marking and Traffic Signing Sheets (PM Sheets) This item consists of final design and drafting of the pavement marking and traffic signing sheets. This task includes development of pavement marking and DOT traffic signing plans to be placed into service following construction. The traffic control devices, procedures, and layouts will be as per the requirements of the Iowa DOT and Manual on Uniform Traffic Control Devices (MUTCD). (Partially Non -Participating Scope Item) Final Sidewalk Plan Sheets (S Sheets) Develop final curb ramp layout and accessible curb ramp design in accordance with Chapter 12 of Iowa SUDAS Design Manual. Finalize ramp geometric configurations and calculate horizontal curb openings, cross slopes, running slope, and label sidewalk width and passing space within the corridor. Final Structure Sheets (V Sheets) This task consists of final design and drafting of the plan and details for the replacement structure. Final Cross -Sections (W Sheets) This item consists of the final design and drafting of individual cross sections for the project. Cross sections will be designed and drawn at 25 -foot maximum intervals, with additional cross-sections included as necessary. Cross sections will show the existing ground elevations as well as the final project grading, including fore slope and back slope information, special sub -grade treatments, ditches, pavement replacement, and other pertinent information. FD: Task 6 - Special Provisions Development The Consultant will prepare special provisions specifications for the project and submit with 90% Plans. FD: Task 7 - Utility Coordination Meeting 2 of 2 The Consultant will conduct the second meeting with the utility companies to review the Check Plans. The Consultant shall keep a record log of all communications and correspondence with each utility company and provide the record log to the Owner prior to the preconstruction conference. FD: Task 8 - Individual Stakeholder Meeting 2 of 2 (Impacted Businesses) The Consultant will conduct the second meeting with the local stakeholders to review the check plans with the local businesses; with a specific emphasis on illustrating the overall project limits, and addressing any concerns related to potential easements. FD: Task 9 - Design Development Meeting 3 of 3 The Consultant will maintain communications with the Owner to review progress and discuss specific elements of the project design and receive direction from the Owner. These meetings will serve as a forum to review design development and discuss Owner review comments. For budget purposes, this meeting will be attended by two (2) staff members of the Consultant. FD: Task 10 - Quality Control/Peer Review Involve ongoing quality control input from the Project Team and the design engineer's senior technical staff throughout the development of Final Plans. The design engineer is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submittal of the 90% plan set. FD: Task 11 - Check Plan Submittal The consultant will submit the Check Plan sheets and checklist to the Iowa DOT, including structural calculations if a custom structure type is selected. FD: Task 12 - Final Plan Preparation and Submittal (100% Pians) The Consultant will perform the following tasks associated with the submittal of final design plans: Incorporate Comments from 90% Plan Review The Consultant will incorporate Check Plan review comments into the plan set. The Consultant will revise final construction plans and special provisions to incorporate Owner, Iowa Department of Transportation Page 18 of 51 and utility company comments Bid Item Access The Consultant will create the Bid Item Access file, coordinate bid time, and any scheduling of critical path items. Notice of Public Hearing The Owner will publish a notice of Public Hearing. FD: Task 13 - Opinion of Probable Construction Cost The Consultant will prepare an Opinion of Probable Construction Cost to be prepared at the time of completion of the plans and specifications. PROJECT BIDDING The plans for this project will be let through the Iowa DOT. The work tasks to be performed or coordinated by the Consultant will include the following: Task 1 - Printing of Plans and Specifications (Task to be completed by the Iowa DOT) Task 2 - Notice of Project (Task to be completed by the Iowa DOT)) Task 3 - Plan Clarification and Addenda The Consultant will be available to answer questions from the Iowa DOT during the letting and will issue addenda as appropriate to interpret, clarify or expend the bidding documents. Task 4 - Letting, Bid Tabs, and Award Recommendation (Task to be completed by the Iowa DOT)) CONSTRUCTION SERVICES [CS] The Owner will be responsible for performing construction administration and observation for the project. CS: Task 1 — Preconstruction Meeting The Consultant will be available to attend the pre -construction meeting. For budgetary purposes, it is assumed two (2) members of the Consultant team will attend the pre -construction meeting for this project. CS: Task 2 — Site Visits The Consultant will be available to attend site visits during construction. For budgetary purposes, it is assumed two (2) site visits during construction, attended by one (1) member of the Consultant team. CS: Task 3 — Shop Drawing Review The Consultant will be available to review shop drawings and technical submittals during the duration of the Project. CS: Task 4 — General Office Support and Plan Interpretation Assistance The Consultant will be available throughout the Project to respond to phone calls and emails related to interpretation of the plans and to provide general administrative guidance during construction. CS: Task 5 — Permanent Monumentation of Right -of -Way This task consists of monumentation of the right-of-way acquired as part of this project which will be performed upon completion of construction of the proposed improvements. The monumentation shall comply with requirements of the Iowa Code 355.6 and shall be performed by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. This task also includes resetting existing right-of-way monumentation per Iowa code for monumentation preservation. Page 19 of 51 GEOTECHNICAL SERVICES (IF REQUIRED) Task 1 — Geotechnical Exploration Complete geotechnical exploration at the structure replacement site with the services of Braun Intertec. These services will not be required if a box culvert is selected as the desired replacement structure. These services will be in general accordance with the standard specifications for subsurface investigations and design. This task includes the necessary field and office services to provide a geotechnical report for the project. The task involves completing two (2) borings to bedrock, an estimated depth of 90 feet below existing grade near the proposed abutment location. The purposes of the boring include determination of the bridge foundation type. The borings will include all City required traffic control measures including coordination and arranging a utility locate through Iowa One Call. The backfilling of the borehole will be performed following the borings and meet Owner requirements. The soils report will contain a description of the project; a summary of drilling, sampling and testing procedures, logs of the borings and test results, and geotechnical recommendations. The reports will also include recommendations regarding tunnel design and other considerations. PROJECT DELIVERABLES The scope of services will be considered complete upon completion and delivery of the following items to the satisfaction of the Owner: • Concept Statement • Preliminary Design Plans: 60% Plan Submittal + Construction Cost Estimate (3 hard copies to Owner) • Check Plans: 90% Plan Submittal + Construction Cost Estimate (3 hard copies to Owner) • Final Plans: One (1) set of the original signed Final Construction drawings (half-size 11 "x17"). • ROW/Easement linework in electronic format (.dwg file) • Final geometry/linework in electronic format (.dwg file) • Final Opinion of Probable Construction Cost ADDITIONAL SERVICES: Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement the Consultant shall furnish or obtain from others the following services: 1.) Roadway Lighting Design Services 2.) Construction Period Testing Services 3.) Construction Services: Construction Administration, Resident Observation, Construction Staking 4.) Design to Allow Staged Construction 5.) Sanitary Design and water main design except for as noted above 6.) Bid Alternates It is understood by the Owner and 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 Owner and the Consultant that 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 one task. 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 20 of 51 ATTACHMENT C (referenced from 3.1) Fixed Overhead Rate 3.1.1 FEES AND PAYMENTS 3.1.1.1 Fees. For full and complete compensation of all work, materials, and services furnished under the terms of this Agreement, the Consultant shall be paid fees in the amounts of the Consultant's actual cost plus applicable fixed fee amount. The Consultant's actual costs shall include payments to any subconsultants. The estimated actual costs and fixed fee are shown below and are itemized in Attachment G. Subconsultant costs are not available for use by the prime Consultant or other subconsultants. A contingency amount has not been established to provide for actual costs that exceed those estimated. PRELIMINARY ENGINEERING (PE): PARTICIPATING Estimated Actual PE Costs (Prime only) $ 101,999 Fixed Fee PE (Prime only) $ 15,300 Contingency PE (Prime only) $ 0 Total PARTICIPATING PE Prime Consultant Costs $ 117,299 Wapsi Valley Archaeology, Inc. $ 9,828 Braun Intertec Corp. $ 9,501 Total PARTICIPATING PE Subconsultant Costs $ 19,329 PRELIMINARY ENGINEERING (PE): NON -PARTICIPATING Estimated Actual PE Costs (Prime only) $ 3,409 Fixed Fee PE (Prime only) $ 511 Contingency PE (Prime only) $ 0 Total NON -PARTICIPATING PE Prime Consultant Costs$ 3,920 CONSTRUCTION ENGINEERING (CE): PARTICIPATING Estimated Actual CE Costs (Prime only) $ 6,065 Fixed Fee CE (Prime only) $ 910 Contingency CE (Prime only) $ 0 Total PARTICIPATING CE Prime Consultant Costs $ 6,975 Maximum Amount Payable $ 147,523 The nature of engineering services is such that actual costs are not completely determinate. Therefore, the Consultant shall establish a procedure for comparing the actual costs incurred during the performance of the work to the estimated actual costs listed above. The procedure will itemize prime consultant and subconsultant costs in association with each scoped task. The purpose is to monitor these two elements and thus provide for early identification of any potential for the actual costs exceeding the estimated actual costs. The procedure shall be used in a way that will allow enough lead time to execute the paragraphs below without interrupting the work schedule. Therefore, once the accrued labor costs for a scoped task reach 85% of the estimated value for the prime or subconsultant, then the Consultant shall notify the Owner in writing. It is possible that the Consultant's costs for the scoped tasks may need to exceed those shown in Attachment C-1. The Consultant's and subconsultants' costs for scoped tasks shall not be exceeded without prior written authorization from the Contract Administrator and concurrence from the Iowa DOT. Costs for scoped tasks that exceed estimated costs, if approved by the Contract Administrator, may be compensated via Supplemental Agreement, Work Order, Amendment, or Contingency as detailed in the paragraphs below. If the Consultant exceeds the estimated costs for scoped tasks for any reason (other than that covered in Section 3.1.1.2) before the Contract Administrator is notified in writing, the Owner Page 21 of 51 will have the right, at its discretion, to deny compensation for that amount. The fixed fee amount will not be changed unless there is a substantial reduction or increase in scope, character, or complexity of the services covered by this Agreement or the time schedule is changed by the Owner. The adjustment to fixed fee will consider both cumulative and aggregate changes in scope, character, or complexity of the services. Any change in the fixed fee amount will be made by a Supplemental Agreement, Work Order, or Amendment. The maximum amount payable will not be changed except for a change in the scope. If at any time it is determined that a maximum amount payable will be or has been exceeded, the Consultant shall immediately so notify the Contract Administrator in writing. The maximum amount payable shall be changed by a Supplemental Agreement, Work Order, or Amendment, or this Agreement will be terminated as identified in Article 4.12.3. The Owner may audit the Consultant's cost records prior to making a decision whether or not to increase the maximum amount payable. 3.1.1.2 Reimbursable Costs. Reimbursable costs are the actual costs incurred by the Consultant which 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 Regulations 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. The Title 48 requirements include the following: 1. Salaries of the employees for time directly chargeable to work covered by the Agreement, and salaries of principals for time they are productively engaged in work necessary to fulfill the terms of the Agreement. 2. Direct non -salary costs incurred in fulfilling the terms of this Agreement. 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 overhead expense pool. These costs may include travel and subsistence, reproductions, computer charges and materials and supplies. 3. The indirect costs (salary -related expenses and general overhead costs) to the extent that they are properly allowable to the work covered by this Agreement. The Consultant has submitted to the Owner the following indirect costs as percentages of direct salary costs to be used for the duration of the contract: Salary -related expenses are 67.71% of direct salary costs and general overhead costs are 120.72% of direct salary costs, for a composite rate of 188.43%. 3.1.1.3 Premium Overtime Pay. Premium overtime pay (pay over normal hourly pay) will not be allowed without written authorization from the Contract Administrator. If allowed, premium overtime pay shall not exceed 2 percent of the total direct salary cost without written authorization from the Contract Administrator. 3.1.1.4 Payments. Monthly payments shall be made based on the work completed and substantiated by monthly progress reports. The report shall indicate the direct and indirect costs associated with the work completed during the month. The Contract Administrator will check such progress reports and payment will be made for the direct non -salary costs and salary and indirect costs during said month, plus a portion of the fixed fee. The Owner shall retain from each monthly payment for construction inspection or construction administration services a percentage to be determined at the time the construction inspection supplemental agreement is developed. There shall be no retainage from design engineering services. Fixed fee will be calculated and progressively invoiced based on actual costs incurred for the current billing cycle. Each invoice shall be accompanied with a monthly progress report which details the tasks invoiced, estimated tasks to be billed on the next invoice, and any other contract tracking information. 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. Page 22 of 51 Upon 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. Final audit will determine correctness of all invoiced costs and final payment will be based upon this audit. The Consultant agrees to reimburse the Ownerfor possible overpayment determined by final audit. Page 23 of 51 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 61 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, Slate 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 Dubuque County I Dennis Waugh, President of the IIW, P.C. Company, being duly sworn (or under penalty of perjury under the laws of the United Slates and the State of Iowa) do hereby certify that the above Statements are true and correct. (Signature Subscribed and sworn to this 20 day of /• G��� (month) (year) Page 26 of 51 ATTACHMENT E CERTIFICATION OF CONSULTANT 1 hereby certify that I, Dennis Waugh, am the President and duly authorized representative of the firm of IIW, P.C., whose address is 4155 Pennsylvania Ave, 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 Consultano 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): I 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 Date Page 27 of 51 ATTACHMENT F CERTIFICATION OF OWNER I hereby certify that I, Jason Havel, am the City Engineer and the duly authorized representative of the Owner, and that the above consulting firm or its 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. Signature Page 28 of 51 Date 4/20/20189:44 AM Cost Analysis Worksheet Attachment G Preliminary Design Prentiss Street over Ralston Creek, Bridge Replacement Project Fee Estimate Fee Summary Iowa DOT Project Number BROS-3715(663)--8J-52 Prepared April 2018 MANHOURS PAYROLL PROFIT TOTAL cmaiogmy Total with OVERHEAD Without contingency Contingency &FRINGE 15% BENEFITS Ca15% C+D 1.9943 (A) (B) (D) (E) Prelhninary Engineering services (participating) 1114. $ 101,999.50 $ 15,299.92 $ 117,299.42 $ - $ 117,299.42 Preliminary Enginnnng services (non -participating) 41.0 $ 3,408.91 $ 511.34 $ 3,920.25 $ 3,920.25 Services During Conan tion (CE) 58. $ 6,064.88 $ 909.73 $ 6,974.61 $ 6,974.61 TOTAL 1213. $ 111,473 $ 16,721 $ 128,194 $ - $ 128,194 Total IIW Labor & fixed fee & Contingency $ 128.194 Subconsultants:Participating PE Wapsi Valley Archaeology, Inc. $9.828 $9,828 raunn e ec 8,713 9, 0 $18,5411 $19,329 Contract Total $146,735 $147,523 Contract total PE Participating $143,602.45 Contract total PE Non -participating ,920.25 Contract total CE participating ,974.61 Specified overhead rate: 2016 = 188.43 without cost of capitol facilities IN Engineers Surveyors, Confidential Page 29 of 51 ATTACHMENT H Page 1 of 8 SUBCONSULTANT SCOPE AND BUDGET Project Number: BROS-3715(663)--8J-52 State of Iowa I hereby certify that I, Timothy Wiles am a Principle and duly authorized representative of the firm of Braun Intertec whose address is 1901 16th Avenue SW Suite 2 1 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. i' ignature Page 30 of 51 Zo - zol7 Date BRAUN INTERTEC The Science You Build On. November 17, 2017 Nathan W. Miller, PE IIW, P.C. 4155 Pennsylvania Avenue Dubuque, IA 52002 Re: Proposal for a Geotechnical Evaluation Bridge Replacement over Ralston Creek E. Prentiss Street Iowa City, Iowa Dear Mr. Miller: Braun Intertec Corporation Phone: 319.365.0961 1901 16th Avenue SW, Suite 2 Fax: 319.365.1306 Cedar Rapids, IA 52404 Web: brauninteriec.com Braun Intertec Corporation respectfully submits this proposal to complete a geotechnical evaluation for the replacement of E. Prentiss Bridge over Ralston Creek in Iowa City, Iowa. Our Understanding of Project Based on our correspondence, we understand that the existing single -span bridge is to be replaced by a new single -span bridge. Additionally, we understand that the proposed vertical and horizontal profile will be similar to the existing. Therefore, no new fill will be required at the abutment locations. Specific structural information was not provided at the time of this submittal. Reference Information We were provided or reviewed the following information for the preparation of this proposal: • An email containing requested scope from you dated June 26, 2017 • An email containing an aerial photograph of the proposed site dated November 17, 2017 • Additional correspondence with IIW, P.C. (IIW) Purpose The purpose of this geotechnical investigation is to characterize subsurface geologic conditions at selected boring locations and provide recommendations for the design and construction of the proposed bridge replacement. Scope of Services The following tasks are proposed to help achieve the stated purpose. If unfavorable or unforeseen conditions are encountered at any point during the completion of the tasks that lead us to recommend an expanded scope of services, we will contact you to discuss the conditions before resuming work. AA/EOL Page 31 of 51 IIW, P.C. November 17, 2017 Page 2 Site Access, Permitting, Staking and Utility Clearance Based on a cursory review of aerial photos and bridge photos provided by IIW, it appears that the borings are generally accessible to our drill rig. We will stake the prospective boring locations using a hand-held GPS and coordinates obtained from Google Earth". Depending on access requirements, ground conditions or potential utility conflicts, our field crew may alter the exploration locations from those that are staked to facilitate accessibility. Recent policy changes by the Iowa One Call System require borings to be staked prior to utilities being located. Prior to drilling or excavating, we will contact Iowa One Call and arrange for notification to the appropriate utility vendors to mark and clearthe exploration locations of public underground utilities. You oryour authorized representatives are responsible to notify us before we begin our work of the presence and location of any underground objects or private utilities that are not the responsibility of public agencies. Traffic Control Based on a review of the proposed boring locations, a lane closure will be required to complete the work. A traffic control plan including traffic control devices and flaggers to meet and conform to the Manual of Uniform Traffic Control Devices will be used during the drilling activities. Penetration Test Borings We propose to drill two (2) bridge borings, one (1) at each of the proposed abutments. Based on a review of the available bedrock depth information on the IDNR GIS database and photos provided by you, we anticipate depth to bedrock is approximately 85 to 95 feet below existing grade. We propose to extend our borings to auger refusal on bedrock. Standard penetration tests (SPT) or thin-walled tube samples will be taken at 5 -foot vertical intervals to auger refusal on bedrock. Additionally, penetration tests will be taken at the depth of auger refusal to determine the quality of the bedrock. If groundwater is encountered in the boreholes, the depth will be recorded on the boring logs. Borehole Abandonment Following the completion of drilling and water level measurements, the borings will be backfilled with auger cuttings created from the drilling process. The borings drilled through existing pavements will be backfilled with asphalt patch. Laboratory Testing Soil samples will be returned to our laboratory, where they will be visually classified and logged by the geotechnical engineering staff. Laboratory testing is not included in our scope of work. Reporting Our work will be performed under the supervision of an Iowa -registered professional engineer. Data obtained from the borings will be reviewed by an engineer and used to evaluate the subsurface profile and groundwater conditions. The report will include boring logs that will summarize the subsurface BRAUN Page 32 of 51 INTERTEC IIW, P.C. November 17, 2017 Page 3 conditions, observed groundwater levels while drilling and a discussion and recommendations pertaining to the geotechnical aspects of the proposed bridge replacement. A digital copy of our report will be submitted to you. At your request, hard copies can be prepared for you or other project team members. If you anticipate that additional copies will be needed, please request them prior to the report being completed and forwarded to you so we can prepare a copy list for the recipients and distribute the additional reports expediently. COSI We have estimated the applicable units, unit rates, and fee totals for the scope of services described above. We understand that a cost -plus -fixed -fee format will be utilized for the contract. Our project fee estimate is summarized in the attached Cost Estimate. Schedule We anticipate that our field work can begin within 2 weeks of written authorization to proceed. The field exploration will take approximately 2 days to complete, and we anticipate we can submit our final report within 4 weeks after written authorization to proceed is received. We will pass along results, however, as they are obtained and reviewed. If our proposed scope of services cannot be completed according to this schedule due to circumstances beyond our control, we may need to revise this proposal prior to completing the remaining tasks. Page 33 of 61 INTERTEC IIW, P.C. November 17, 2017 Page 4 General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you. It is provided in electronic format, so please print a copy to retain for your records and return a signed copy to us in its entirety. The proposed fee is based on the scope of services described and the assumptions that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. We include the Braun Intertec General Conditions, which provide additional terms and are a part of our agreement. To have questions answered or schedule a time to meet and discuss our approach to this project further, please call us at 319.365.0961 Sincerely, BRAUN INTERTEC CORPORATION )-It-- Jb;;-� Justin D. Humke Associate Principal/Project Engineer Attachments: Cost Estimate General Conditions (7/18/16) The proposal is accepted, and you are authorized to proceed. Authorizer's Firm Authorizer's Signature Authorizer's Name (please print or type) Authorizer's Title Date Timothy T. Wiles, PE Principal BRAUN Page 34 of 51 INTERTEC BRAUN INTERTEC E. Prentiss Street, Iowa City PROJECT FEE ESTIMATE November 17, 2017 I. Direct Labor Costs: Direct Labor @220.77% Overhead Rate CATEGORY uniio< owrc lue Technician 1 17.98 Technician II 19.52 Technician Ill 25.95 Tech IV 31.56 CAD Drafter 31.12 Project Assistant 2 20.76 41.52 EIT/Field Engineer 12 21.63 259.56 Project Engineer 6 35.05 210.30 Senior Project Manager 1 56.06 56.06 Principal Engineer 66.61 Direct Labor @353.93% Overhead Rate CATEGORY Driller - strai¢ht time II. Payroll Burden & Overhead Costs @ 220.77% (Rounded) @ 353.93% (Rounded) Total Burden & Overhead Costs Ilia. Direct Expense (included in FF) 567.44 HOURS RATE/HR. TOTAL 40 25.13 1.005.2 $1,252.74 $3,557.70 4,810.44 CATEGORY UNITS UNIT RATE TOTAL Drillers - OT premium 12.57 Mileage 0.55 0 IIIb. Direct Expense (not subject to 2 1 750 Misc. IV. Estimated Costs (1+I1+llla+IIIb, Rounded) V. Fixed Fee (13% of I+Il+lila, Rounded) VI. Total Cost (IV+V, Rounded) VII. Contingency (10% of IV, Rounded) VIII. Subconsultant Expenses IX. Total Cost (with Contingency, Rounded) Page 35 of 51 $0 $9,501.19 General Conditions Section 1: Agreement 1.1 Our agreement with you consists of these General Conditions and the accompanying written proposal or authorization ("Agreement"). This Agreement is the entire agreement between you and us. It supersedes prior agreements. It may be modified only In a writing signed by us, making specific reference to the provision modified. 1.2 The words "you," "we," "us," and "our" include officers, employees, and subcontractors. 1.3 In the event you use a purchase order or other documentation to authorize our scope of work ('Services"), any conflicting or additional terms are not part of this Agreement. Directing us to start work prior to execution of this Agreement constitutes your acceptance. If, however, mutually acceptable terms cannot be established, we have the right to terminate this Agreement without liability to you or others, and you will compensate us for costs and expenses incurred up to the time of termination. Section 2: Our Responsibilities 2.1 We will provide Services specifically described in this Agreement. You agree that we are not responsible for services that are not expressly included in this Agreement. Unless otherwise agreed in writing, our findings, opinions, and recommendations will be provided to you in writing. You agree not to rely on oral findings, opinions, or recommendations without our written approval. 2.2 In performing our professional services, we will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of our profession practicing in the same locality. If you direct us to deviate from our recommended procedures, you agree to hold us harmless from claims, damages, and expenses arising out of your direction. If during the one year period following completion of Services it Is determined that the above standards have not been met and you have promptly notified us in writing of such failure, we will perform, at our cost, such corrective services as may be necessary, within the original scope in this Agreement, to remedy such deficiency. Remedies set forth in this section constitute your sole and exclusive recourse with respect to the performance or quality of Services. 2.3 We will reference our field observations and sampling to available reference points, but we will not survey, set, or check the accuracy of those points unless we accept that duty in writing. Locations of field observations or sampling described in our report or shown on our sketches are based on information provided by others or estimates made by our personnel. You agree that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. You accept the Inherent risk that samples or observations may not be representative of things not sampled or seen and further that site conditions may vary over distance or change over time. GC 2.4 Our duties do not include supervising or directing your representatives or contractors or commenting on, overseeing, or providing the means and methods of their services unless expressly set forth in this Agreement. We will not be responsible for the failure of your contractors, and the providing of Services will not relieve others of their responsibilities to you or to others. 2.5 We will provide a health and safety program for our employees, but we will not be responsible for contractor, owner, project, or site health or safety. 2.6 You will provide, at no cost to us, appropriate site safety measures as to work areas to be observed or inspected by us. Our employees are authorized by you to refuse to work under conditions that may be unsafe. 2.7 Unless a fixed fee is indicated, our price is an estimate of our project costs and expenses based on information available to us and our experience and knowledge. Such estimates are an exercise of our professional judgment and are not guaranteed or warranted. Actual costs may vary. You should allow a contingency in addition to estimated costs. Section 3: Your Responsibilities 3.1 You will provide us with prior environmental, geotechnical and other reports, specifications, plans, and information to which you have access about the site. You agree to provide us with all plans, changes in plans, and new information as to site conditions until we have completed Services. 3.2 You will provide access to the site. In the performance of Services some site damage is normal even when due care is exercised. We will use reasonable care to minimize damage to the site. We have not included the cost of restoration of damage in the estimated charges. 3.3 You agree to provide us, in a timely manner, with information that you have regarding buried objects at the site. We will not be responsible for locating buried objects at the site. You agree to hold us harmless, defend, and indemnify us from claims, damages, losses, penalties and expenses (including attorney fees) involving buried objects that were not properly marked or identified or of which you had knowledge but did not timely call to our attention or correctly show on the plans you or others furnished to us. 3.4 You will notify us of any knowledge or suspicion of the presence of hazardous or dangerous materials present on any work site or in a sample provided to us. You agree to provide us with information In your possession or control relating to such materials or samples. If we observe or suspect the presence of contaminants not anticipated in this Agreement, we may terminate Services without liability to you or to others, and you will compensate us for costs and expenses incurred up to the time of termination. Page 36 of 51 BRAUN INTERTEC 3.5 Neither this Agreement nor the providing of Services will operate to make us an owner, operator, generator, transporter, treater, starer, or a disposal facility within the meaning of the Resource Conservation Recovery Act, as amended, or within the meaning of any other law governing the handling, treatment, storage, or disposal of hazardous substances. You agree to hold us harmless, defend, and indemnify us from any damages, claims, damages, penalties or losses resulting from the storage, removal, hauling or disposal of such substances. 3.6 Monitoring wells are your property, and you are responsible for their permitting, maintenance, and abandonment unless expressly set forth otherwise in this Agreement. 3.7 You agree to make all disclosures required by law. In the event you do not own the project site, you acknowledge that it is your duty to inform the owner of the discovery or release of contaminants at the site. You agree to hold us harmless, defend, and indemnify us from claims, damages, penalties, or losses and expenses, including attorney fees, related to failures to make disclosures, disclosures made by us that are required by law, and from claims related to the informing or failure to inform the site owner of the discovery of contaminants. Section 4: Reports and Records 4.1 Unless you request otherwise, we will provide our report in an electronic format. 4.2 Our reports, notes, calculations, and other documents and our computer software and data are instruments of our service to you, and they remain our property. We hereby grant you a license to use the reports and related information we provide only for the related project and for the purposes disclosed to us. You may not transfer our reports to others or use them for a purpose for which they were not prepared without our written approval. You agree to indemnify, defend, and hold us harmless from claims, damages, losses, and expenses, including attorneyfees, arising out of such a transfer or use. 4.3 If you do not pay for Services in full as agreed, we may retain work not yet delivered to you and you agree to return to us all of our work that is in your possession or under your control. 4.4 Samples and field data remaining after tests are conducted and field and laboratory equipment that cannot be adequately cleansed of contaminants are and continue to be your property. They may be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. 4.5 Electronic data, reports, photographs, samples, and other materials provided by you or others may be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. Page 1 of 2 Section 5: Compensation 5.1 You will pay for Services as stated in this Agreement. If such payment references our Schedule of Charges, the Invoicing will be based upon the most current schedule. An estimated cost is not a firm figure. You agree to pay all sales taxes and other taxes based on your payment of our compensation. Our performance is subject to credit approval and payment of any specified retainer. 5.2 You will notify us of billing disputes within 15 days. You will pay undisputed portions of invoices upon receipt. You agree to pay interest on unpaid balances beginning 30 days after invoice dates at the rate of 1.5% per month, or at the maximum rate allowed by law. 5.3 If you direct us to invoice a third party, we may do so, but you agree to be responsible for our compensation unless the third party is creditworthy (in our sole opinion) and provides written acceptance of all terms of this Agreement. 5.4 Your obligation to pay for Services under this Agreement is not contingent on your ability to obtain financing, governmental or regulatory agency approval, permits, final adjudication of any lawsuit, your successful completion of any project, receipt of payment from a third party, or any other event. No retainage will be withheld. 5.5 If you do not pay us in accordance with this Agreement, you agree to reimburse our costs and expenses for collection of the moneys invoiced, including but not limited to attorney fees, staff time, and other costs and expenses. 5.6 You agree to compensate us in accordance with our Schedule of Charges if we are asked or required to respond to legal process arising out of a proceeding related to the project and as to which we are not a party. 5.7 If we are delayed by factors beyond our control, or if project conditions or the scope or amount of work changes, or if changed labor conditions result in increased costs, decreased efficiency, or delays, or if the standards or methods change, we will give you timely notice, the schedule will be extended for each day of delay, and we will be compensated for costs and expenses Incurred in accordance with our Schedule of Charges. 5.8 If you fail to pay us in accordance with this Agreement, we may consider the default a total breach of this Agreement and, at our option, terminate our duties without liability to you or to others, and you will compensate us for costs and expenses Incurred up to the time of termination. 5.9 In consideration of our providing insurance to cover claims made by you, you hereby waive any right to offset fees otherwise due us. Section 6: Disputes, Damage, and Risk Allocation 6.1 Each of us will exercise good faith efforts to resolve disputes without litigation. Such efforts will Include, but not be limited to, a meeting(s) attended by each party's representative(s) empowered to resolve the dispute. Before either of us commences an action against the other, disputes (except collections) will be submitted to mediation. 6.2 Notwithstanding anything to the contrary in this Agreement neitherparty hereto shall be responsible or held liable to the other for punitive, indirect incidental, orconsequential damages, or liabilityfor loss of use, loss of business opportunity, loss of profit or revenue, loss of product or output, or business Interruption. 6.3 You and we agree that any action in relation to an alleged breach of our standard of care or this Agreement shall be commenced within one year of the date of the breach or of the date of substantial completion of Services, whichever is earlier, without regard to the date the breach is discovered. Any action not brought within that one year time period shall be barred, without regard to any other limitations period set forth by law or statute. We will not be liable unless you have notified us within 30 days of the date of such breach and unless you have given us an opportunity to investigate and to recommend ways of mitigating damages. You agree not to make a claim against us unless you have provided us at least 30 days prior to the institution of any legal proceeding against us with a written certificate executed by an appropriately licensed professional specifying and certifying each and every act or omission that you contend constitutes a violation of the standard of care governing our professional services. Should you fail to meet the conditions above, you agree to fully release us from any liability for such allegation. 6.4 For you to obtain the benefit of o fee which includes a reasonable allowance for risks, you agree that our aggregate liabllityfor all claims will not exceed the fee paid for Services or $50,000, whichever is greater. If you ore unwilling to accept this allocation of risk, we will increase our aggregate liability to $100,000 provided that, within 10 days of the date of this Agreement you provide payment in an amount that will increase our fees by 10% but not less than $500, to compensate us for the greater risk undertaken. This increased fee is not the purchase of insurance. 6.5 You agree to indemnify us from all liability to others in excess of the risk allocation stated herein and to insure this obligation. In addition, all Indemnities and limitations of liability set forth in this Agreement apply however the some may arise, whether in contract tort statute, equity or other theory of law, including, but not limited to, the breach of any legal duty or the fault, negligence, or strict liability of either party. 6.6 This Agreement shall be governed, construed, and enforced in accordance with the laws of the state in which our servicing office is located, without regard to its conflict of laws rules. The laws of the state of our servicing office will govern all disputes, and all claims shall be heard in the state or federal courts for that state. Each of us waives trial byjury. 6.7 No officer or employee acting within the scope of employment shall have Individual liability for his or her acts or omissions, and you agree not to make a claim against individual officers or employees. Section 7: General Indemnification 7.1 We will indemnify and hold you harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by our negligent acts or omissions or those negligent acts or omissions of persons for whom we are legally responsible. You will indemnify and hold us harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by your negligent acts or omissions or those negligent acts or omissions of persons for whom you are legally responsible. 7.2 To the extent it maybe necessary to indemnify either of us under Section 7.1, you and we expressly waive, in favor of the other only, any Immunity or exemption from liability that exists under any worker compensation law. 7.3 You agree to indemnify us against losses and costs arising out of claims of patent or copyright infringement as to any process or system that is specified or selected by you or by others on your behalf. Section 8: Miscellaneous Provisions 8.1 We will provide a certificate of insurance to you upon request. Any claim as an Additional Insured shall be limited to losses caused by our negligence. 8.2 You and we, for ourselves and our insurers, waive all claims and rights of subrogation for losses arising out of causes of loss covered by our respective insurance policies. 8.3 Neither of us will assign or transfer any interest, any claim, any cause of action, or any right against the other. Neither of us will assign or otherwise transfer or encumber any proceeds or expected proceeds or compensation from the project or project claims to any third person, whether directly or as collateral or otherwise. 8.4 This Agreement may be terminated early only in writing. You will compensate us for costs and expenses incurred up to the time of termination. 8.5 If any provision of this Agreement is held Invalid or unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. 8.6 No waiver of any right or privilege of either party will occur upon such party's failure to insist on performance of any term, condition, or instruction, or failure to exercise any right or privilege or its waiver of any breach. Page 37 of 51 GC Revised 7/18/2016 Page 2 of 2 ATTACHMENT H Page 1 of 3 SUBCONSULTANT SCOPE AND BUDGET Project Number: BROS-3715(663)--8J-52 State of Iowa I hereby certify that I, Nurit G. Finn, am the President and duly authorized representative of the firm of Wapsi Valley Archaeology, Inc., whose address is P.O. Box 244, 126 East Main Street, Anamosa, IA 52205, 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. September 26, 2017 Signature Date Page 38 of 51 WAPSI VALLEY ARCHAEOLOGY, INC. P.O. Box 244 Anamosa, IA 52205 Telephone (319) 462-4760 E-mail address: ngfinn@wapsivalleyarch.com RCHAROLOGV August 28, 2017 Nathan Miller IIW, P.C. 4155 Pennsylvania Avenue Dubuque, IA 52002-2628 Dear Nate, Thank you for the opportunity to submit a proposal for cultural resource surveys for the Prentiss Street Bridge Replacement Project in Iowa City, Johnson County, Iowa. Wapsi Valley Archaeology, Inc. proposes to complete this work for the following prices: Phase I intensive archaeological survey $5,246.12 Reconnaissance -level architectural history survey $4,581.58 The project area extends along both sides of East Prentiss Street from South Dubuque Street towards South Gilbert Street, and along Ralston Creek north and south of the bridge. For the archaeological survey, background research will include examination of the Iowa Site Files for information on previously recorded sites in the area; examination of historic plat maps and other historic sources to gain an understanding of historic land use in the area; and examination of topographic maps, aerial photographs, and soils data to assist with identifying the potential for finding prehistoric archaeological sites in the area. The Phase I archaeological survey will include surface reconnaissance survey across the project area, as well as auger and/or Oakfield Probe testing as judged appropriate given field conditions and utility locations. Cultural Resources Services Archaeology • Architectural History • Survey • Evaluation • Excavation • Historic Research Page 39 of 51 The reconnaissance -level architectural history study will include examination of buildings and structures in the vicinity of the proposed project. The purpose of this study is to determine if there could be issues with indirect effects to historic resources, for example due to vibrations, which may require vibration monitoring by the Iowa DOT and FHWA given current protocols. The existing bridge along Prentiss Street, FHWA No. 36-500790, was previously determined not eligible for the National Register of Historic Places and is not anticipated to require further evaluation. Fieldwork methods and final report preparation will help to fulfill compliance requirements of Section 106 of the National Historic Preservation Act. Our quote includes all costs for background research, state site file research, fieldwork, completion of appropriate forms for SHPO, analysis, and final report preparation for the project. Four copies of a final report will be submitted to your office, or to any individuals/agencies that you request. Please let me know if you require more copies. Please let me know if you need any additional information or have questions about this proposal. Again, thank you very much for your consideration. We look forward to hearing from you soon, and to working with you on this project. Best regards, If, '� Nurit G. Finn President, WAPSI VALLEY ARCHAEOLOGY, INC. -2- Page 40 of 51 ATTACHMENT Contract Compliance Program Page 41 of 51 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, color, 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 foranswering questions about contractor, consultant and vendor compliance during the course of the contractwith 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 CC -1 of 8 Page 42 of 51 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 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 at sea.) 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? 4. What is the name, telephone number and address of your business' Equal Employment Opportunity Officer? (Please print) ------------------------- Phone number Address 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. CC -2 of 8 Page 43 of 51 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 to questions 1 through 6 are true and correctly reflect our Equal Employment Opportunity policies. Business Name Signature Print Name CC -3 of 8 Page 44 of 51 Phone Number Title Date SECTION III -SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT OPPORTUNITIES COMPANY POLICY Determine your company's policy regarding equal employment opportunities. Documentthe 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. Word-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 majorjob 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 I n advance to a s s u re t h a t 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. CC -4 of 8 Page 45 of 51 i P t Q, X14 -Fu CITY OF IOWA CITY Attached 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 as well as a sample policy. 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. CC -5 of 8 Page 46 of 51 SAMPLE: EQUAL EMPLOYMENT OPPORTUNITY POLICY To all employees This Company and its employees shall not discriminate against any employee or applicant for employment based on his or her a g e, national origin, color, creed, disability, gender identity, marital s t a t u s , ra c e , 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 foremployment. The Equal EmploymentOpportunityOfficerfor-------------- is: Name: Address: -------------- Telephone Number: ---------- 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. CC -6 of 8 Page 47 of 51 2-3-1: EMPLOYMENT; EXCEPTIONS: A. It shall be unlawful for any employer to refuse to hire, accept, register, classify, promote or refer for employment, or to otherwise discriminate in employment against any other person or to discharge any employee because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 03-4105, 12-16-2003) B. It shall be unlawful for any labor organization to refuse to admit to membership, apprenticeship or training an applicant, to expel any member, or to otherwise discriminate against any applicant for membership, apprenticeship or training or any member in the privileges, rights or benefits of such membership, apprenticeship or training because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation of such applicant or member. C. It shall be unlawful for any employer, employment agency, labor organization or the employees or members thereof to directly or indirectly advertise or in any other manner indicate or publicize that individuals are unwelcome, objectionable or not solicited for employment or membership because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 95-3697, 11-7-1995) D. Employment policies relating to pregnancy and childbirth shall be governed by the following: 1. A written or unwritten employment policy or practice which excludes from employment applicants or employees because of the employee's pregnancy is a prima facie violation of this title. 2. Disabilities caused or contributed to by the employee's pregnancy, miscarriage, childbirth and recovery therefrom are, for all job related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment or any written or unwritten employment policies and practices involving terms and conditions of employment as applied to other temporary disabilities. E. It shall be unlawful for any person to solicit or require as a condition of employment of any employee or prospective employee a test for the presence of the antibody to the human immunodeficiency virus. An agreement between an employer, employment agency, labor organization or their employees, agents or members and an employee or prospective employee concerning employment, pay or benefits to an employee or prospective employee in return for taking a test for the presence of the antibody to the human immunodeficiency virus, is prohibited. The prohibitions of this subsection do not apply if the state epidemiologist determines and the director of public health declares through the utilization of guidelines established by the center for disease control of the United States department of health and human services, that a person with a condition related to acquired immune deficiency syndrome poses a significant risk of transmission of the human immunodeficiency virus to other persons in a specific occupation. F. The following are exempted from the provisions of this section: 1. Any bona fide religious institution or its educational facility, association, corporation or society with respect to any qualifications for employment based on religion when such qualifications are related Inc.to a bona fide religious purpose. A religious qualification for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or religious institution shall be presumed to be a bona fide occupational qualification. (Ord. 94-3647, 11-8-1994) 2. An employer or employment agency which chooses to offer employment or advertise for employment to only the disabled or elderly. Any such employment or offer of employment shall not discriminate among the disabled or elderly on the basis of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 95-3697, 11-7- 1995) 1. The employment of individuals for work within the home of the employer if the employer or members of the family reside therein during such employment. 2. The employment of individuals to render personal service to the person of the employer or members of the employer's family. (Ord. 94-3647, 11-8-1994) 3. The employment on the basis of sex in those certain instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted narrowly. (Ord. 03-4105, 12- 16-2003) 4. A state or federal program designed to benefit a specific age classification which serves a bona fide public purpose. (Ord. 94-3647, 11-8-1994) 5. The employment on the basis of disability in those certain instances where presence of disability is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted narrowly. (Ord. 03-4105, 12-16-2003) 6. Any employer who regularly employs less than four (4) individuals. For purposes of this section, individuals who are members of the employer's family shall not be counted as employees. (Ord. 08- 4312,8-11-2008) Page 49 of 51 ATTACHMENT CITY OF 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 25% 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 50 of 51 WT -1 of 2 WAGE THEFT AFFIDAVIT STATE OF ) ss: COUNTY I upon being duly sworn, state as follows: 1. I am the [position] of ["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 25%. 2. Neither [contracting entity] nor any person or entity with an ownership interest of more than 25% 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. Signature This instrument was acknowledged before me by on 20 Notary Public in and for the State of Page 51 of 51 WT -2 of 2 r CITY OF IOWA CITE COUNCIL ACTION REPO 3d(5) April 17, 2018 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and IIW, P.C. to provide engineering consultant services for the Prentiss Street Bridge Replacement Project. Prepared By: Brett Zimmerman - Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Ashley Monroe - Assistant City Manager Fiscal Impact: $151,998 for engineering services will be funded through the Prentiss Street Bridge Replacement account #S3935 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item approves the consultant agreement with IIW, P.C. of Dubuque, Iowa, for the design of the Prentiss Street Bridge Replacement Project. This project generally includes the following: • Removal and replacement of the existing triple corrugated metal pipe culverts with new reinforced concrete box culverts or a bridge. • Removal and replacement of downstream Ralston Creek slope protection. • Upsizing of the storm sewer along Prentiss Street, from Ralston Creek to Dubuque Street. • Removal and replacement of street pavement. • Connection of existing watermains on east and west sides of the bridge. Background I Analysis: The 2015 Biennial Bridge Inspection Program reported that the Prentiss Street Bridge over Ralston Creek is suffering from bulging and severe corrosion of the corrugated metal pipe culverts, damaged and undermined inlet and headwall, and cracked street pavement. Recent pavement replacement in the area uncovered significant voiding under the pavement, further emphasizing the need for the project. The bridge is subject to a 20 -ton weight embargo due to its current condition. In addition, the existing storm sewer along Prentiss Street, from Ralston Creek to Dubuque Street, is undersized and has a history of surcharging during large rain events. Staff has negotiated a not -to -exceed design fee of $151,998. Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB17-00018) Resolution no. 18-106 Resolution approving the extraterritorial final plat of Glenwood Springs—Part One, Johnson County, Iowa. Whereas, the owner, Glenwood Springs, LLC, filed with the City Clerk the final plat of Glenwood Springs—Part One, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Johnson County, Iowa, to wit: BEGINNING AT THE WEST QUARTER CORNER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N00°42'02"E, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 28, A DISTANCE OF, 1506.42 FEET, TO ITS INTERSECTION WITH THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 218; THENCE S4V31'46"E, ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, 1957.66 FEET, TO ITS INTERSECTION WITH THE SOUTH LINE OF THE SAID NORTHWEST QUARTER; THENCE S89011'09"W, ALONG SAID SOUTH LINE, 1290.72 FEET, TO THE POINT OF BEGINNING. SAID GLENWOOD SPRINGS CONTAINS 22.31 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Whereas, this property is within the City's extraterritorial review area; and Whereas, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Whereas, a conditional dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and Whereas, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2017) and all other state and local requirements. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the conditional dedication of the streets and easements as contemplated in the agreements executed contemporaneously herewith and as provided by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and Resolution No. 18-106 Page 2 directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall certify and send plat and supporting documents to the office of Planning and Zoning of Johnson County, Iowa. All recording expense is the responsibility of the owner/subdivider. Passed and approved this i 7th day of April , 20 18 Ma r Approved by Attest: - ity It was moved lbykMims and seconded�)Botchway lAttorney's Resolution /� ),U be adopted, and upon roll call there were: Ayes: Nays: Absent: X Botchway X Cole X Mims X Salih X Taylor X Thomas X Throgmorton ppdadmin/res/final pla-county.doc To: City Council Item: SUB17-00018 Glenwood Springs GENERAL INFORMATION: STAFF REPORT Prepared by: Sylvia Bochner, Planning Intern Date: April 2, 2018 Applicant: Hodge Construction 711 S. Gilbert Street Iowa City, IA 52240 319-354-2233 kdigmann@vahoo.com andyh@hodgeconstruction.com Contact Person: Ron Amelon 1917 S. Gilbert Street Iowa City, IA 52240 319-351-8282 r.amelon@mmsconsultants.net Property Owner: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: Glenwood Springs, LLC 1434 Compton Place P.O. Box 1208 Iowa City, IA 52244 319-631-8072 kevin@builtbyhbd.com Final plat approval To allow for the development of a 5 -lot residential subdivision South of Highway 218 and east of Dane Road 22.31 acres Undeveloped, R North: Highway 218 and Undeveloped R South: Undeveloped R East: Highway 218 and Undeveloped R West:Undeveloped R Johnson County Fringe Area Agreement February 28, 2018 04-17-18 3d(6) 60 Day Limitation Period: April 29, 2018 BACKGROUND INFORMATION: The applicant, Hodge Construction, is requesting approval forthe final plat of Glenwood Springs—Part One, a 5 -lot residential subdivision located south of Highway 218 and east of Dane Road. The preliminary plat for Glenwood Springs was approved in July 2016. This property is located outside the Iowa City Corporate Limits, but within the 2 -mile extraterritorial area. It is located in Fringe Area C, just beyond the growth area limit located along Highway 218. The final plat is generally compliant with the approved preliminary plat. ANALYSIS The preliminary plat of Glenwood Springs included two streets, Sierra Terrace SW and Palisades Place SW. The final plat of Glenwood Springs includes 5 lots with access via Sierra Terrace SW. The preliminary plat shows 6 lots in this area; however, in the final plat, one of these lots has been added to Outlot A for private open space. The arrangement of the remaining five lots is similar to that in the preliminary plat and all lots meet or exceed the minimum lot size of 1 acre. In the final plat, the area platted in the preliminary plat for the lots with access via Palisades Place SW is designated as an Outlot B and reserved for future development. Approval of the preliminary plat was subject to a condition requiring dedication of Dane Road right-of-way. The final plat show Lot "C" as proposed right -of way on the east side of Dane Road. This dedication increases the right-of-way of Dane Road to 60 feet. The preliminary plat also required an easement to allow access to Palisades Place if the adjacent property develops for a residential subdivision in the future. Because Palisades Place is included in the Outlot for future development, this requirement will need to be addressed with the final plat for this area. STAFF RECOMMENDATION: Staff recommends approval of SUB17-00018, the final plat of Glenwood Springs—Part One, a 5 -lot, 22.31 acre residential subdivision located south of Highway 218 and east of Dane Road subject to approval of construction drawings and legal papers by the City Engineer and City Attorney. ATTACHMENTS: 1. Location Map 2. Final plat Approvedby: Tracy Hightshoe, Director Department of Neighborhood and Development Services PCMSIaR RepoM1s 5ubV-00078 final plat stag repon.dcm FINAL PLAT GLENWOOD SPRINGS - PART ONE JOHNSON COUNTY, IOWA SECT OM 28-4779H-nsm �\ \- _ *- — — -- — LEGEND a 2 \\ b� \v4 RACE SW 3 \\\ LaCD 4�45K $ �4K m SWW4v v SEC710H 28479H -Row OUTLOT"A" PRIVATE OPEN SPACE OUTLOT"B" RESERVED FOR FUTURE DEVELOPMENT 1390.1T I„awolm _ LOT 9 �^ �3 -S'm anon ov �RC7 ������ I uz � as vTRc�-N s,re w�..aE„wH�."�.Mc mzwa.m.w:lmss-rm1e.M unrsonxim3ry a�� GLENWOOD SPRINGS 0 l 1 AlAl d /L 971,840 SF 22.31 AC M M CMI -ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS +9TBT. IGwAcCITm.IOAA sown snw (319(151E]Bq sulldp(s nel c LA AT 6 OIGNM] IDWx6 ua \ GER W VM E N :o`mP wwmaW R A rmnw R n�E �omn�T aw+iRxulo AZPWnW m3mlrcsr Wn+rx R ir¢ noRmM¢r a.wlu uL ® _ WxcREsoxa Wa1F0. sown meun(m. EWxo (e.,am1 g nC REiWM+E XFxcR YtTm ]R roXNmV ]0 xMM. 6 e R .DMN.'0 ARMD".. PART ONE o�oa ,a -ERovplr �(Sfuw pnue u cw A�.� \ GWAucGV,EMf£El SOUTHWESTOVARTEROF xS ) \ C. \ 1`l OS AND A PORTION OF THE _Pn �e�Ser�nwGlMYx6� xewy weus a we mr ue 51ok at iem a 2 \\ b� \v4 RACE SW 3 \\\ LaCD 4�45K $ �4K m SWW4v v SEC710H 28479H -Row OUTLOT"A" PRIVATE OPEN SPACE OUTLOT"B" RESERVED FOR FUTURE DEVELOPMENT 1390.1T I„awolm _ LOT 9 �^ �3 -S'm anon ov �RC7 ������ I uz � as vTRc�-N s,re w�..aE„wH�."�.Mc mzwa.m.w:lmss-rm1e.M unrsonxim3ry a�� GLENWOOD SPRINGS 0 l 1 AlAl d /L 971,840 SF 22.31 AC M M CMI -ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS +9TBT. IGwAcCITm.IOAA sown snw (319(151E]Bq sulldp(s nel c LA AT 6 OIGNM] IDWx6 ua \ GER W VM E N :o`mP wwmaW R A rmnw R n�E �omn�T aw+iRxulo AZPWnW m3mlrcsr Wn+rx R ir¢ noRmM¢r a.wlu uL ® _ WxcREsoxa Wa1F0. sown meun(m. EWxo (e.,am1 g nC REiWM+E XFxcR YtTm ]R roXNmV ]0 xMM. 6 e R .DMN.'0 ARMD".. PART ONE o�oa ,a -ERovplr �(Sfuw pnue u cw A�.� \ GWAucGV,EMf£El SOUTHWESTOVARTEROF xS ) \ THENORTHWESTOUARTER \ 1`l OS AND A PORTION OF THE _Pn �e�Ser�nwGlMYx6� xewy weus a we mr ue 51ok at iem NORTHWEST QUARTER OF \ THE NORTHWEST QUARTER ALL OF SECTION 28, \ TOWNSHIP 79 NORTH, \\ fC \ ® et311 -WRlE 4eMFXiwE"9 � a 2 \\ b� \v4 RACE SW 3 \\\ LaCD 4�45K $ �4K m SWW4v v SEC710H 28479H -Row OUTLOT"A" PRIVATE OPEN SPACE OUTLOT"B" RESERVED FOR FUTURE DEVELOPMENT 1390.1T I„awolm _ LOT 9 �^ �3 -S'm anon ov �RC7 ������ I uz � as vTRc�-N s,re w�..aE„wH�."�.Mc mzwa.m.w:lmss-rm1e.M unrsonxim3ry a�� GLENWOOD SPRINGS 0 l 1 AlAl d /L 971,840 SF 22.31 AC M M CMI -ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS +9TBT. IGwAcCITm.IOAA sown snw (319(151E]Bq sulldp(s nel c LA AT 6 OIGNM] IDWx6 ua Vmgeawnml.eemy tea` �:°a a,rm.R,.� GER W VM E N :o`mP wwmaW R A rmnw R n�E �omn�T aw+iRxulo AZPWnW m3mlrcsr Wn+rx R ir¢ noRmM¢r a.wlu uL Im.n IavisEorDvae.orvE ml � M,xrv. ioe,',°R a az9°n'rs'sa"ioi c e .m. a TxE nzp wvaoau. meoiw, .Rwml g nC REiWM+E XFxcR YtTm ]R roXNmV ]0 xMM. 6 e R .DMN.'0 ARMD".. PART ONE n, roeA TGNR "onxznrE, u µR mmwm W.wim R s.iR Y. zN A r"io vlrs LLi MWwAY YlqMY, MdR IxiEn¢RiM MM ME 9lI1MM6 1ERr eW'fI'NL .LLtl10 SIID mRX'MS AirI1XF.11f6de f. NIR MifA4t11]N 5Y W MM& SR_M�a W IDAX6 1'Ox" MYS MP 13P]]3S E¢i ro ME"E t Of 6Etlxmxv.E ]2T AO¢S xx suesa ro E morns ,'+°m” REmarnwa R Iacmo. SOUTHWESTOVARTEROF ICXA Vmgeawnml.eemy tea` �:°a a,rm.R,.� GLENWOOD SPRINGS - INAL PLAT GLENWOOD SPRINGS - g PART ONE 4e A PORTION OF THE SOUTHWESTOVARTEROF Sgnl e.Im me ln6—tlay at _.20_. THENORTHWESTOUARTER \ AND A PORTION OF THE xewy weus a we mr ue 51ok at iem NORTHWEST QUARTER OF \ THE NORTHWEST QUARTER ALL OF SECTION 28, \ TOWNSHIP 79 NORTH, RANGE WEST, OF THE FIFTH PRINCIPAL MERIDIAN PLATAPPROVEDBY: JOHNSON COUNTY ,. e' ,oHrvsoH�oa,,. IOWA MMS CONSULTANTS, IN( CHAIRPERSON DAiE 10-31-2011 xnrtc "���RIA PoO 1133.115 �q . SIIE IS N60 R - IS.pppNt �eatl — ! 2 //II 91Aun vwvA2 wt ��� RLW �W q'=1 G1nY^1 mm fGO �� PPAXpu03ANf£EOR WA 111WWG11 =mN �aNHxxR�e �:.W a m omR DWA Gm 9027-075 e., + ,d(7) Prepared by: Ashley Monroe, Assistant City Manager, 410 E. Washington Street, 319-356-5012 Resolution Number 18-107 Resolution amending the budgeted positions in the Government Buildings Division of the Parks and Recreation Department and the Senior Center by transferring Senior Center division maintenance positions to the Government Buildings Division and changing the job title of the Maintenance Worker I - Senior Center position to Custodian - Government Buildings, and the job title of Maintenance Worker III - Senior Center to Senior Maintenance Worker - Government Buildings. Whereas, Resolution No. 17-70, adopted by the City Council on March 7, 2017 authorized budgeted positions in the Parks and Recreation Department and Senior Center for Fiscal Year 2018; and Whereas, Resolution No. 18-63, adopted by the City Council on March 6, 2018 authorized budgeted positions in the Parks and Recreation Department and Senior Center for Fiscal Year 2019; and Whereas, Resolution No. 17-14, adopted by the City Council on January 3, 2017 established a classification and compensation plan for AFSCME employees; and Whereas, reassigning the positions to the Government Buildings division will allow greater flexibility in scheduling staff, improve efficiencies and coordination in City facility management, and ensure that high-quality maintenance services are retained at the Senior Center. Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The budgeted positions in the Government Buildings Divisions of the Parks and Recreation Department be amended by: 1. Adding one full-time Custodian — Government Buildings position. 2. Adding one full-time Senior Maintenance Worker— Government Buildings position. The budgeted positions in the Senior Center be amended by: 1. Deleting one full-time Maintenance Worker I- Senior Center position. 2. Deleting one full-time Maintenance Worker III —Senior Center position. The AFSCME pay plan be amended by: 1. Deleting the position of Maintenance Worker I — Senior Center, grade 1. 2. Deleting the position of Maintenance Worker III — Senior Center, grade 9. 3. Adding the position of Senior Maintenance Worker — Government Buildings, grade 9. Passed and approved this 17th day of April _'20 18 Ma)6r Kesoiution No: io-iu/ Page 2 Approved by Attest l( City Clerk City Attorney's Office It was moved by trims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole x Mims x Salih x Taylor x Thomas x Throgmorton CITY OF IOWA CIT COUNCIL ACTION REPO"3d�, April 10, 2018 Resolution amending the budgeted positions in the Government Buildings Division of the Parks and Recreation Department and the Senior Center by transferring Senior Center division maintenance positions to the Government Buildings Division and changing the job title of the Maintenance Worker I — Senior Center position to Custodian and the job title of Maintenance Worker III — Senior Center to Senior Maintenance Worker — Government Buildings. Prepared By: Ashley Monroe, Assistant City Manager Reviewed By: Geoff Fruin, City Manager, Karen Jennings, Human Resources Administrator, Eric Goers, Assistant City Attorney Fiscal Impact: N/A Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This resolution will amend the budgeted positions in the Government Buildings Division of the Parks and Recreation Department and the Senior Center by transferring Senior Center Department maintenance positions to the Government Buildings Division and changing the job title of the Maintenance Worker I — Senior Center position to Custodian and the job title of Maintenance Worker III — Senior Center to Senior Maintenance Worker — Government Buildings. The Administrative Pay Plan will be amended to reflect these changes. Background / Analysis: The Senior Center currently operates with a small administrative staff and two maintenance staff positions. As the Senior Center approaches a transition in leadership, moving the two maintenance positions to Government Buildings, a larger City division will allow greater flexibility in scheduling staff and will ensure that employees have guidance from a division that focuses on facility management citywide. No change in service level at the Senior Center is anticipated. The position pay grades are not altered by the movement from the Senior Center Department to the Parks and Recreation Department. Positions will report to the Parks and Recreation Facilities Manager effective by the end of April 2018, pending approval. S cI OK) April 17, 2018 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P .M., on the above date. There were present Mayor Throgmorton in the chair, and the following named Council Members: Botchway, Cole, Mims, Salih, Taylor Thomas Thromorton Absent: None Vacant: -1- Council Member Mims introduced the following Resolution entitled "RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2010B, OF THE CITY OF IOWA CITY, STATE OF IOWA, DATED AUGUST 2, 2010, AND DIRECTING NOTICE BE GIVEN" and moved its adoption. Council Member Botchway seconded the motion to adopt. The roll was called and the vote was, AYES: Botchway, Cole, Mims, Salih, Taylor Thomas, Throgmorton NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No 18-108 RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2010B, OF THE CITY OF IOWA CITY, STATE OF IOWA, DATED AUGUST 2, 2010, AND DIRECTING NOTICE BE GIVEN WHEREAS, the City did by resolution dated July 12, 2010, authorize the issuance of $7,420,000 General Obligation Bonds, Series 2010B, (the "Bonds") dated August 2,2010; and WHEREAS, the Bonds are redeemable in any order of their numbering on June 1, 2018 or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and WHEREAS, it is deemed necessary and advisable that $1,605,000 be so redeemed on June 1, 2018, and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That outstanding General Obligation Bonds, dated August 2, 2010, in the principal amount of $1,605,000, be and the same are hereby redeemed as of June 1, 2018. Section 2. The Registrar and Paying Agent, U.S. Bank National Association, St. Paul, Minnesota, is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered owners of the Bonds by ordinary mail, and to notify DTC. -2- Section 3. The Finance Director is hereby authorized and directed to cause to be deposited in a separate fund sum sufficient to pay all principal and interest on the redeemed Bonds to the date of redemption and to notify the City's dissemination agent to post the Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the refunded Bonds in accordance with the Continuing Disclosure Certificate for the Bonds. Section 4. That the form of such notice be substantially as follows: -3- NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF THE FOLLOWING DESCRIBED BONDS: Please take notice that the Bonds described below have been called for redemption. Owners of the Bonds should present their Bonds for payment on the redemption date. Issuer: City of Iowa City, State of Iowa Original Issue Amount: $7,420,000 Bond Issue: General Obligation Bonds, Series 2010B Dated Date: August 2, 2010 Redemption Date: June 1, 2018 Redemption Price: At par, plus accrued interest Bonds Called for Redemption CUSIP Principal Interest Maturity Numbers Amount Rate June 1 ` 462308 ZEO $790,000 2.50% 2019 462308 ZF7 $815,000 2.75% 2020 No representation is made as to the accuracy of the CUSIP numbers printed herein or on the Bonds. The above Bonds should be presented to U.S. Bank National Association, St. Paul, Minnesota. This represents a full call of the outstanding obligations. All interest will cease to accrue on the Redemption Date. U.S. BANK NATIONAL ASSOCIATION, St. Paul, Minnesota Registrar (End of Notice) 152 PASSED AND APPROVED this 17th day of April, 2018. ATTEST: 40CZIe-rk�=e G M or -5- 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 17th day of April 2018. City elerk, City of log a City, State of Io a (SEAL) 01469046-1\10714-101 3aca) April 17, 2018 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 r .M., on the above date. There were present Mayor Throgmorton in the chair, and the following named Council Members: Botchway, Cole Mims Salih Taylor Thomas Thromorton Absent: None Vacant: -1- Council Member Mims introduced the following Resolution entitled "RESOLUTION AUTHORIZING THE PARTIAL REDEMPTION OF MASTER LEASE PURCHASE AGREEMENT AND DIRECTING NOTICE BE GIVEN" and moved its adoption. Council Member Botchway seconded the motion to adopt. The roll was called and the vote was, AYES: Botchway. Cole Mims Sa1ih Taylor, Thomas, Throgmorton NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No 18-109 RESOLUTION AUTHORIZING THE PARTIAL REDEMPTION OF MASTER LEASE PURCHASE AGREEMENT AND DIRECTING NOTICE BE GIVEN WHEREAS, the City did by resolution dated June 16, 2015, authorize the issuance of $15,497,867 Master Lease Purchase Agreement, as amended, modified and supplemented for the purpose of financing by the terms of the Agreement Regarding Assignment and Assumption of Lease Purchase Agreement dated as of July 6, 2015 (the "Lease"). WHEREAS, under Article 9 Subsection (a), Clause (vi) of the "Agreement Regarding Assignment and Assumption of Lease Purchase Agreement", the terms of which were incorporated into the Master Lease Purchase Agreement by Section 2 of the Joint Memorandum, dated April 11, 2017, the City may pay up to $2,000,000 of principal annually in addition to the regularly scheduled payment of the Lease; and WHEREAS, it is deemed necessary and advisable that $2,000,000 in principal be paid on June 1, 2018 in addition to the scheduled payment under the Lease, and notice of partial redemption be given according to the terns of the resolution authorizing issuance of the Lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That, in addition to the regularly scheduled payment on June 1, 2018, that an additional payment in the principal amount of $2,000,000, be made on June 1, 2018. Section 2. The City Finance Director is hereby authorized and directed to cause notice of such additional payment, along with a revised Exhibit 'B" reflecting the additional principal -2- payment, be given not less than thirty (30) days prior to June 1, 2018 and to cause notice of partial redemption to be mailed to the registered owner of the Lease by ordinary mail. Section 3. The City Finance Director is hereby authorized and directed to cause payment of the $2,000,000 additional principal payment, in the same manner, and at the same time, as the regular June 1, 2018 payment, under the Master Lease Purchase Agreement and related financing documents. Section 4. That the form of such notice be substantially as follows: -3- NOTICE OF $2,000,000 ADDITIONAL PRINCIPAL PAYMENT TO ASSIGNEE OF THE FOLLOWING DESCRIBED LEASE: Please take notice that $2,000,000 of principal, in addition to the regularly scheduled lease payment, will be made on June 1, 2018 as provided under Article X of the Master Lease Purchase Agreement, as amended by the Joint Memorandum dated April 11, 2017, to incorporate Article 9, Subsection (a), Clauses (iv), (v) and (vi) of the Agreement Regarding Assignment and Assumption of Lease Purchase Agreement. Issuer: City of Iowa City, State of Iowa Original Issue Amount: $15,497,867 Lease Issue: Master Lease Purchase Agreement Payment Date: June 1, 2018 Additional Principal Payment Amount: $2,000,000 This represents a partial, $2,000,000, redemption of the outstanding principal amount under the Master Lease Purchase Agreement. An amended Exhibit 'B" is hereby attached to reflect this additional payment. Finance Director, Iowa City, Iowa (End of Notice) KIM PASSED AND APPROVED this 17' day of April, 2018. ATTEST: City Cferk Ma or 511 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 17th day of April 2018. City Clerk, City of Ia City, State of o (SEAL) 01469046-1\10714-101 I CITY OF IOWA CIT-L, COUNCIL ACTION REPO FM April 17, 2018 Resolutions Authorizing the Redemption of Outstanding General Obligation Bonds, Series 2010B and Resolution Authorizing Partial Redemption of the 2017 Parking System Master Lease Purchase Agreement Prepared By: Dennis Bockenstedt, Finance Director Reviewed By: Ashley Monroe, Assistant City Manager Fiscal Impact: Interest expense savings of $64,575 on the 2010B GO Bonds and $1,395,336 interest expense savings on the 2017 Parking System Lease Purchase Agreement Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Authorizing the Redemption of Outstanding General Obligation Bonds, Series 2010B and directing notice be given; Resolution Authorizing the Partial Redemption of Master Lease Purchase Agreement and directing notice be given Executive Summary: There are two separate resolutions for the early redemption of outstanding debt. One resolution is for the early redemption of the 2010B General Obligation Bonds totaling $1,605,000. The second resolution is for a partial early redemption of the 2017 Parking System Master Lease Purchase Agreement totaling $2,000,000. This lease purchase agreement was issued in April 2017 for $15,497,867 to purchase the Harrison Street Parking Garage. Background / Analysis: In 2010, the City issued $7,420,000 in general obligation bonds (2010B GO Bonds) for capital improvement projects. The 2010B GO Bonds become callable on June 1, 2018 when the outstanding callable balance will be $1,605,000. The City intends to call the outstanding bonds at that time with Debt Service Fund cash balance. The total interest expense savings on the early redemption of the 2010B General Obligation Bonds is $64,575. In April 2017, the City entered into a Parking System Master Lease Purchase Agreement for $15,497,867 for the purchase of the Harrison Street Parking Ramp. As part of the agreement, the City has the option to prepay up to $2,000,000 of principal on June 1 of each year beginning in 2018. The City will exercise its option on June 1, 2018 to redeem the maximum amount allowable using part of the proceeds from the sale of the parking lot that was located at Court and Linn streets. The total interest expense savings on the partial early redemption of the 2017 Parking System Master Lease Purchase Agreement is $1,395,336. session, in City Council of the City of Iowa City, State of Iowa, met in e Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, M., on the above date. There were present Mayor and the fo'llowina named Council Members: Absent: Vacant: -1- 3d C'i April 17, 2018 / at . in the Council Member introduced the following Resolution entitled "RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2010B, OF THE CITY OF IOWA CITY, STATE OF IOWA, DATED AUGUST 2, 2010, AND DIRECTING NOTICE BE GIVEN" and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote avas. A NAYS: Whereupon, the Mayor declaWthe resolution duly adopted as follows: RESOLUTION A HOR G THE REDEMPTION OF OUTS GENERA OBLIGATION BONDS, SERIES 2010B, OF TH CITY OF IO CITY, STATE OF IOWA, DATED AU ST 2, 2010, A DIRECTING NOTICE BE GIVEN WHEREAS, the ity did by resolution dated ly 12, 2010, authorize the issuance of $7,420,000 General O igation Bonds, Series 2010B, a "Bonds") dated August 2, 2010; and WHEREAS the Bonds are redeemable in any ord of their numbering on June 1, 2018 or any date therea er upon giving notice in the manner pm ' ed in the resolution authorizing the issuan/WTHEREFORE, nds; and S, it is deemed necessary and advisable that $1, 05,000 be so redeemed on June 1notice of redemption be given according to the t s of the resolution authorce of the Bonds. BE IT RESOLVED BY THE CITY CO CIL OF THE CITY OF IOSTATE OF IOWA: Section 1. That outstanding General Obligation Bonds, dated August 2010, in the d amount of $1,605,000, be and the same are hereby redeemed as of J e 1, 2018. d Section 2. The Registrar and Paying Agent, U.S. National Bank Associati6p, is hereby authorized and directed to cause notice of such redemption be given not less than Arty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the re 'stered owners of the Bonds by ordinary mail, and to notify DTC. -2- Section 3. The Finance Director is hereby authorized and directed to cause to be deposited in a separate fund sum sufficient to pay all principal and interest on the redeemed Bonds to the date of redemption and to notify the City's dissemination agent to post the Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the refunded Bonds in accordance with the Continuing Disclosure Certificate for the Bonds. Section 4. Aat the form of such notice be substantially A follows: -3- NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF THE FOLLOWING DESCRIBED BONDS: Please take notice that the Bonds describe/been redemption. Owners of the Bonds should present their Bonds fon date. Issuer: City of Iowa City, State of Iowa Original Iss\alObligation ,420,000 Bond Issue:ation Bonds, SeDated Date:0Redemption2018Redemption p accrued in CUSIP Principal Interest Maturity Numbers Amoun Rate June I' 462308 ZEO $790 0 2.50% 2019 462308 ZF7 $8 ,000 2.75% 2020 No representation is m as to the accuracy of a CUSIP numbers printed herein or on the Bonds. The above Bonds s uld be presented to U.S. NationBank Association, St. Paul, Minnesota. This represen a full call of the outstanding oblig 'ons. All interest will cease to accrue on the Redempti Date. U.S. NATIONAL AN ASSOCIATION, St. Paul, Minnesota (End of Notice) -4- -5- CERTIFICATE STATE OF IOWA ) SS MGM �Ivice) __0L9]:1► OIN I, the undersign City Clerk of the City of Iowa City, S e ®f Iowa, do hereby certify that attached is a true and mplete copy of the portion of the r cords of the City showing proceedings of the Council, d the same is a true and comp to copy of the action taken by the Council with respect to the mMter at the meeting held on tjte date indicated in the attachment, which proceedings remain in fi any way; that meeting and all a notice of meeting and tentative ce and effect and h,gvenot been amended or rescinded in thereat was duly 9fid, publicly held in accordance with a a copy the Council and posted on a bulletin bqard or public and clearly designated for that p osc the local rules of the Council and the pro 'sic advance notice to the public and media at a the meeting as required by law and with in certify that the individuals named therein their respective City offices as indica be stated in the proceedings, and that threatened involving the incorporatio right of the individuals named there of w ch -was timely served on each member of the rominent place easily accessible to the R e principal office of the Council pursuant to Chapter 21, Code of Iowa, upon reasonable enty-four hours prior to the commencement of brs of the public present in attendance; I further on the date thereof duly and lawfully possessed of that no Council vacancy existed except as may sy or litigation is pending, prayed or ah n, existence or boundaries of the City or the officers to eir respective positions. WITNESS my hand and Pseal of the Counc%l;hereto affixed this day of 2018. City Clerk\City of Iowa City, State (SEAL) 01469046-1\10714-101 Prepared by: Dave Panos, Public Works, 410 E. Washington St, Iowa City, IA 52240,(319)356-5145 Resolution No. 18-110 Resolution setting a public hearing on May 1, 2018 on plans, specifications, form of contract, and estimate of cost for the construction of the Asphalt Resurfacing 2018 — US Hwy 6 (N Riverside Drive) Rocky Shore Drive to Sturgis Corner Drive Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. 8c( Whereas, funds for this project are available in the Pavement Rehabilitation Fund account # S3824 which includes funding from IDOT Agreement No. 2018-16-126. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: 1. 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 1st day of May 2018, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. A copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 17th day of April _'2018 M or ved by . Attest: Ciq Clerk City Attorney's Office It was moved by Mims and seconded by sotchway the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Botchway Cole Mims Salih Taylor Thomas Throgmorton 'r 1 CITY OF IOWA CI oa-i7-�e �4 COUNCIL ACTION REPO 3e(2) April 17, 2018 Resolution setting a public hearing on May 1, 2018 on plans, specifications, form of contract, and estimate of cost for the construction of the Asphalt Resurfacing 2018 — US Hwy 6 (N Riverside Drive) Rocky Shore Drive to Sturgis Corner Drive Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. Prepared By: Dave Panos — Senior Civil Engineer Reviewed By: Ron Knoche — Public Works Director Jason Havel — City Engineer Geoff Fruin — City Manager Fiscal Impact: The estimated cost for this project is $3,200,373 and will be funded with Pavement Rehabilitation Funds S3824 Recommendations: Staff: Approval Commission: N/A Attachments: N/A Executive Summary: This agenda item begins the process to bid the Asphalt Resurfacing 2018 — US Hwy 6 (N. Riverside Drive) — Rocky Shore Drive to Sturgis Corner Drive Project. This is a joint Iowa Department of Transportation (IDOT) and City of Iowa City maintenance project that concentrates on asphalt resurfacing along Hwy 6 in Iowa City from Rocky Shore Drive to Sturgis Corner Drive. Work on this project also includes storm sewer intake repair and replacement, repair of curb and gutter and replacement of curb ramps to meet current ADA standards. The project will be referenced by IDOT as Project No. NHSN-006-7(89) - - 2R-52. The resurfacing project will include a funding agreement with IDOT. The funding for the majority of the work and costs associated with the project along US Hwy 6 will be IDOT reimbursed work including milling and resurfacing of US Hwy 6 streets, base repair and patching and pavement markings. The City will utilize pavement rehabilitation funds for the costs associated with maintenance related items along Hwy 6 such as curb and gutter repair, and utility improvements included with the work such as new storm sewer or sanitary sewer facilities being replaced with this project. The [DOT and City will cost share, with IDOT paying 55% of costs and City paying 45% of costs on items specifically related to curb ramp repairs, such as sidewalk and curb ramp replacement, new ADA tile installation, and curb and gutter related to this work. This funding agreement is included in a separate resolution. The project will also include work to complete concrete patching repairs along Hwy 1 (Burlington Street) from the Burlington Street bridge to Gilbert Street. The repair costs for this patching work will be 100% reimbursed by IDOT. r 1 CITY OF IOWA CITY Ari COUNCIL ACTION REPORT In addition, the project will include intersection improvements at the Riverside Drive and Myrtle Avenue intersection. Improvements will include a new traffic signal, the addition of turn lanes, new ADA compliant curb ramps, utility improvements and other associated work. These costs will be paid by the City with the Myrtle Intersection Rehabilitation Fund Pavement Rehabilitation Funds. Backaround I Analysis: The Asphalt Resurfacing 2018 — US Hwy 6 (Riverside Drive) — Rocky Shore Drive to Sturgis Corner Drive Project will include work at the following locations: Street Milling and 3" Overlay US Hwy 6 (Riverside Drive) from west of Rocky Shore Drive to Sturgis Corner Drive Intersection Improvements Myrtle Drive Intersection Improvements PCC Patching PCC Patching on Hwy 1 from the Burlington Street Bridge to Gilbert Street Project Timeline: Set Public Hearing —April 17, 2018 Hold Public Hearing — May 1, 2018 Bid Letting — May 23, 2018 Award Date — May 29, 2018 Construction Start — July 9, 2018 Prepared by: BrettZimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)3565044 Resolution No. 18-111 Resolution setting a public hearing on May 1, 2018 on plans, specifications, form of contract, and estimate of cost for the construction of the Parking Garage Maintenance Program 2018 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 account # T3004. Now, therefore, be it resolved by the Council of The City of Iowa City, Iowa, that: 3,f (V') 1. 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 let day of May, 2018, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. A copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 17th day of April % 2018 Milyor pp ved by A as : Cmc-�� Oity Clerk City Attorney's Office It was moved by trims d seconded by Botchway the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Botchway x Cole x Mims x Salih x Taylor x Thomas x Throgmorton pwenglmasters\setph.d 0C 1/11 CITY OF IOWA CI=e(�) COUNCIL ACTION REPO April 17 Resolution setting a public hearing on-Aprt-11 2018 on plans, specifications, form of contract, and estimate of cost for the construction of the Parking Garage Maintenance Program 2018 Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. Prepared By: Brett Zimmerman - Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Simon Andrew — Assistant to the City Manager Fiscal Impact: The estimated cost for this project is $300,000 and will be funded by the Parking Facility Restoration Repair account # T3004 Recommendations: Staff: Approval Commission: N/A. Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the Parking Garage Maintenance Program 2018 Project. This project includes concrete repairs and waterproofing efforts on the City's parking public parking garages. The 2018 scope of work will include the following ramp specific efforts: 1. Dubuque Street Ramp • Traffic membrane recoating, new sealant installations, isolated concrete repairs, and waterproofing efforts throughout the garage. 2. Capitol Street Ramp Repair expansion joints, repair shear connectors, isolated concrete repairs, and waterproofing efforts throughout the garage. 3. Chauncey Swan Ramp • Isolated concrete repairs and waterproofing efforts throughout the garage. 4. Tower Place Ramp • Isolated concrete repairs and waterproofing efforts throughout the garage. 5. Court Street Transportation Center • Isolated concrete repairs and waterproofing efforts throughout the garage. 6. Harrison Street Parking Facility 0 Isolated concrete repairs and waterproofing efforts throughout the garage. 'r CITY OF IOWA CITY .-r �� COUNCIL ACTION REPORT In addition, light pole replacement work will be bid as an alternate for each of the facilities, except the Harrison Street Parking Facility, for possible inclusion in the project if funding allows. Background / Analysis: The City of Iowa City owns and operates six (6) public parking garages that serve the downtown business, hotel/convention, cultural and entertainment districts. Their safe and efficient operation and maintenance are vital to the economic development of the downtown and the City at -large. This project is a continuation of the efforts set forth by the 2012 City of Iowa City Parking Facilities: Repair and Maintenance Master Plan and Parking Garage Maintenance Program 2015 — 2018, which provides annual parking garage maintenance to ensure their safe and efficient operation. Project Timeline: Set Public Hearing — April 17, 2018 Hold Public Hearing — May 1, 2018 Bid Letting — May 22, 2018 Award Date — May 29, 2018 Construction Start —June 11, 2018 Substantial Completion —August 15, 2018 Final Completion — September 15, 2018 3e (N) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 18-112 Resolution setting public hearing for May 1, 2018, on a proposal to convey a single-family home located at 115 North Dodge Street. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 115 North Dodge Street, Iowa City; and WHEREAS, the City has received an offer to purchase 115 North Dodge Street for the principal sum of $185,000; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 115 North Dodge Street, Iowa City, Iowa, also known as part of Lot 8, Block 26, Iowa City, Iowa, for the sum of $185,000. 2. A public hearing on said proposal should be and is hereby set for May 1, 2018, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Resolution No. 18-112 Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway % Cole x Dickens x Mims % Taylor x Thomas x Throgmorton Passed and approved this 17th day of April 2018. MArYOR Approved by City Attorney's Office ATTEST CI CLERK r 1 CITY OF IOWA CI 04-17-18 18 -r� COUNCIL ACTION REPO 3e(4) April 17, 2018 Resolution authorizing conveyance of a single family home located at 115 North Dodge Street. Prepared By: Lucy Joseph, NDS Code Enforcement Specialist Reviewed By: Tracy Hightshoe, Director, Neighborhood & Development Services Fiscal Impact: The assessed value of 115 N. Dodge at the time of purchase was $146,720. The sales price of the home is $185,000 There will be no impact on the general fund for ongoing operating expenses. Recommendations: Staff: Approval of the sale of 115 N. Dodge (UniverCity Neighborhood Partnership Program home) Commission: NA Attachments: Resolution Executive Summary: On April 17, 2018, City Council will set a public hearing for May 1, 2018 to consider a resolution authorizing the conveyance of 115 N. Dodge Street as part of the UniverCity Neighborhood Partnership Program. Once this home is sold, this will be the 601 home sold under the program. Background I Analysis: 115 N. Dodge Under the UniverCity Neighborhood Partnership Program, the City proposes to sell 115 N. Dodge for $185,000. The City purchased the home as a joint sale (two homes) for $300,000. City funds were used to rehabilitate and sell the home to an eligible homebuyer. Renovations include kitchen and bathroom updates, installation of brand new appliances, new windows in the dining room, updated electrical, plumbing, repainted exterior & interior walls, insulation in the attic, new light fixtures, installation of back steps, new water heater and HVAC, and refinished wood floors in the dining and living room. The home is a 2017 Historic Preservation Award recipient. The home is required to be owner -occupied for 30 years. Built in 1920, this house has 976 square feet of living space, includes two bedrooms, one bathroom and is located a few blocks of Mercy Hospital and downtown Iowa City. This home is located on a street where there is a mix of owner -occupied and rental properties. The renovated home will be an asset to the neighborhood and community. Staff recommends approval of the resolution to authorize the conveyance of 115 N. Dodge. as part of the UniverCity Neighborhood Partnership program r CITY OF IOWA CITY -r COUNCIL ACTION REPORT 115 N. Dodge- Before Renovations "^E. RF 115 N. Dodge- After Renovations Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 18-1 Resolution setting public hearing for May 1, 2018, on a proposal to convey a single-family home located at 619 North Johnson Street. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 619 North Johnson Street, Iowa City; and WHEREAS, the City has received an offer to purchase 619 North Johnson Street for the principal sum of $205,000; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 619 North Johnson Street, Iowa City, Iowa, also known as part of Lot 1 in Block 34, Iowa City, Iowa, for the sum of $205,000. 2. A public hearing on said proposal should be and is hereby set for May 1, 2018, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Resolution No. 18-113 Page 2 It was moved by trims and seconded by sotchway 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 Passed and approved this 17th day of April 2018. MA OR ATTEST: CI CLERK Approved by QU QQpj 4-�-,gr City Attorney's Office 1 2 _r = rt.Y� l CITY OF IOWA CI j 04-17-18 COUNCIL ACTION REP 3e April 17, 2018 Resolution authorizing conveyance of a single family home located at 619 North Johnson Street. Prepared By: Lucy Joseph, NDS Code Enforcement Specialist Reviewed By: Tracy Hightshoe, Director, Neighborhood & Development Services Fiscal Impact: The assessed value of 619 N. Johnson at the time of purchase was $164,020 and the sale is approximately 205,000. There will be no impact on the general fund for ongoing operating expenses. Recommendations: Staff: Approval of the sale of 619 N. Johnson (UniverCity Neighborhood Partnership Program home) Commission: NA Attachments: Resolution Executive Summary: On April 17, 2018, City Council will set a public hearing for May 1, 2018 to consider a resolution authorizing the conveyance of 619 N. Johnson Street as part of the UniverCity Neighborhood Partnership Program. Once this home is sold, this will be the 61 st home sold under the program. Background / Analysis: 619 N. Johnson Under the UniverCity Neighborhood Partnership, the City proposes to sell 619 N. Johnson for $205,000. The City purchased the home for $168,000. City funds were used to rehabilitate and sell the home as a single-family owner -occupied home to an income -eligible buyer. Renovations included electrical work, updated interior and exterior paint, plumbing, refinished wood floors, new light fixtures, fence and porch repair, updated bathroom, and a complete renovation of the kitchen. The cost of renovations (up to 50,000) is not included in the sale price and forgiven once the homeowner has lived there for five years. The home is required to be owner -occupied for 30 years. Built at the tum of the century, this cozy house has three bedrooms, one and half bathrooms, and 1,458 square feet of finished living space. This home is located on a street where there is a mix of owner -occupied and rental properties. The renovated home will be an asset to the neighborhood and community. Staff recommends approval of the resolution to authorize the conveyance of 619 N. Johnson as part of the UniverCity Neighborhood Partnership program. -~® CITY OF IOWA CITY �% COUNCIL ACTION REPORT 619 N. Johnson - Before Renovations 619 N. Johnson - After Renovations r-� r L II 4 Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 3565145 Resolution No. 18-114 Resolution approving plans, specifications, form of agreement, and estimate of cost for the construction of the Asphalt Resurfacing — US Hwy 1 (Burlington Street and Governor Street) 2018 Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Pavement Rehabilitation Fund account # S3824, and Iowa Department of Transportation funding agreement No. # 2018-16-197. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 9"' day of May, 2018. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 15" day of May, 2018, or at a special meeting called for that purpose. Passed and approved this 17th day of April _'2018. Attest: ) )'J City Clerk y, ;4�;= MaOr sa X_//-/Z-J City Attorney's Office Resolution No. 18-114 Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: % Botchway x Cole x Mims x Salih % Taylor x Thomas x Throgmorton Deferred to 5/1/18 Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 Resolution No. Resolution Adopting the Iowa City Housing Authority's Annual Plan for Fiscal year 2018. Whereas, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of an updated Annual Plan; and, Whereas, the Iowa City Housing Authority is required to update the Annual Plan under the Quality Housing and Work Responsibility Act of 1998 ("QHWRA"); and, Whereas, the Annual Plan provides details about the PHA's current programs and the resident population served, as well as the PHA's strategy for addressing the housing needs of currently assisted families and the larger community; Whereas, the Annual Plan also serves as the annual application for grants to support improvements to public housing buildings (Capital Fund Program); and Whereas, the Capital Improvement funds are earmarked for general maintenance and repair of the Public Housing units. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Iowa City Housing Authority's Annual Plan for Fiscal Year 2018 is approved. 2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certification as may be required by the Department of Housing and Urban Development. Passed and approved this day of Attest: Mayor 20 Approved 4 City Clerk City Attorney's Office 7 Streamlined Annual U.S. Department of Housing and Urban Development OMB No. 2577-0226 PHA Plan Office of Public and Indian Housing Expires: 02/29/2016 (High Performer PHAs) Purpose. The 5 -Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements coaceming the PHA's operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA's mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability, Form HUD -50075 -HP is to be completed annually by High Performing PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, HCV -Only PHA, Small PHA, or Qualified PHA do not aced to submit this form. Definitions. (1) High -Performer PHA— A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both of the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, or at risk of being designated as troubled, and that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550. (3) Housing Choice Voucher (HCP) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment, and does not own or manage public housing. (4) Standard PHA - A PHA that owns or manages 250 or mom public housing units and my number of vouchers where the total combined units exceeds 550, and that was designated as a standard performer in the most recent PHAS or SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined, and is not PHAS or SEMAP troubled. Ar. =='PHA Information. - A.1 PHAName: Iowa City Housing Authority pHA Code: IA022 PHA Type: ❑ Small ® High Performer PHA Plan for Fiscal Year Beginning: (MM/YYyy): 07/2018 PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above Number of Public Housing (PH) Units 81 Number of Housing Choice Vouchers(HCVs) 1,298 1,215 HCVP Total Combined 1,3tU 83 VASH PHA Plan Submission Type: ® Annual Submission []Revised Annual Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identity the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information an how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans an their official website. PHAs are also encouraged to provide each resident council a copy of their PHA Plans. ❑ PHA Consortia: (Check box if submimin a Joint PHA Plan and complete table below Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the No. of Units in Each Program Consortia PH HCV Lead PHA: Page 1 of form HUDS0075-HP (122014) Page 2 of 5 form HUD -50075 -HP (12/2014) Ahaual Plan Elemeni8 8.1 Revision of PHA Plan Elements. (a) Have the following PHA Plan elements been revised by the PHA since its last Annual PAA Plan submission? Y N ❑ I] Statement of Housing Needs and Strategy fm Addressing Housing Needs. ❑ I] Deconcentmtion and Other Policies that Govern Eligibility, Selection, and Admissions. ❑ I] Financial Resources. ❑ Reat Determination. ❑ I] Homeownership Programs. ❑ '❑ Safety and Crime Prevention. ❑ I] Pet Policy. ❑ I] Substantial Deviation. ❑ Q Significant Amandment/Modification (b) The PHA most submit its Decuncentration Policy for Field Office Review. (c) Ifthe PHA answered yes for my element, describe the revisions fm each element below: B2 New Activities. (a) Does the PHA intend to undertake my new activities related to the following in the PHA's current Fiscal Year? Y N ❑ I] Hope VI or Choice Neighborhoods. ❑ [] Mixed Finance Modernization or Development ❑ I] Demolition and/or Disposition. ❑ I] Conversion of Public Housing to Tenant Based Assistance. ❑ I] Conversion of Public Housing to Project -Based Assistance under RAD. ❑ I] Project Based Vouchers. ❑ [] Units with Approved Vacancies for Modernization. ❑ I] Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Groats). (b) If my of these activities are planned for the current Fiscal Year, describe the activities. For new demolition activities, descnbe my public housing development m portion thereof, owned by the PHA for which the PHA bas applied or will apply for demolition and/or disposition approval under section 18 of the 1937 Act under the separate demolition/disposition approval process. If using Project -Based Vouchers (PB Vs), provide the projected number of project based units and general locations, and describe how project basing would be consistent with the PHA Plan. B.3 Progress Report Provide a description of the PHA's progress in meeting its Mission and Goals described in the PHA 5 -Year Plan. Since the submission of the 5 -Year & Annual Plan 2015-2019, the ICHA has averaged 100% voucher utilization/year. Currently, voucher utilization is 99%. Public Housing lease -up rates, on average, were 97% over the same time frame. The FSS program maintains an average enrollment of 190 families with 93% of those families having funds in their escrow savings accounts. Page 2 of 5 form HUD -50075 -HP (12/2014) B.4. Most Recent Fiscal Year Audit. (a) Were there any findings in the most recent FY Audit? Y N El (b) If yes, please describe: Other Document and/or Certification Requirements. CA Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan From 50077-ST-HCV-HP, Certification of Compliance with PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan. C.2 Civil Rights Certification. Form 50077-ST-HCV-HP, Certification of Compliance with PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan. CJ Resident Advisory Board (RAR) Comments. (a) Did the RAB(s) provide comments to the PHA Plan? U0 If yes, comments most be submitted by the PHA as an attachment to the PHA Plan. PHAs most also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. CA Certification by State or Local Officials. Form Ht ID 50077-FI Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, most be submitted by the PHA as an electronic attachment to the PHA Plan D Statement of Capital Improvements. Required in all years for all PI-IAs completing this form that administer public housing and receive funding from the Capital Fund Program (CFP). D.1 Capital Improvements. Include a reference here to the most recent HUD-approved 5-Year Action Plan (HUD-50075.2) and the date that it was pproved by HUD. The Iowa City Housing Authority's 5-Year Plan for Fiscal Years 2015-2019 was approved on May 18, 2O16.The Capital Improvement funds are earmarked for general maintenance and repair of the Public Housing units. As necessary, these funds will also be used to upgrade structures, interiors, HVAC systems and appliances. Page 3 of 5 form HUD -50075 -HP (12/2014) Annual Report — 2018 sin iki—iTrHORI 4/0 E. Washington Street I..,; City • taN'a • 52240-1826 To improve quality of life, the Iowa City Housing Authority acts as a community leader for affordable housing, family self-sufficiency, and homeownership opportunities. Date: May I, 2018 Annual Report — 2018 Table of Contents Pages Staff 3 Executive Summary 4_5 Housing Choice Voucher (HCV) Program 6 Public Housing Program 7 Family Characteristics 8 Family Characteristics and Working Families 8-9 Public Housing Waiting List 10 Housing Choice Voucher (HCV) Waiting List I I Promoung Family Self -Sufficiency (FSS) & Homeownership 12 -IS Funding for Calendar Year 2017 16 Housing Authority Funding Sources Summary 17.18 Partnerships and Community Collaborations 19 Page 2 Annual Report — 2010 Staff Housing Program Assistant Robin Butler Housing Program Assistant Denise Kinnison Housing Program Assistant Carri Fox-Rummelhart Housing Program Assistant Diana Huff Office Manager Virginia Stroud Family Self -Sufficiency (FSS) Mary Abboud Coordinator Public Housing/Homeovmership Pat MacKay Coordinator Housing Choice Voucher (HCV) Heidi Woff Program Coordinator Housing Administrator Steven J. Rackis Intake/Customer Service Clerk Anna Mohrhauser Intake/Customer Service Clerk Benjamin Roberts Page 3 Annual Report — 2018 Executive Summary Housing Choice Voucher (HCV), Veterans Supportive Services (VASH) R Public Housing Program Highlights: • The top 5 participant Heads -of -Household characteristics in the Housing Authority's rental assistance programs are: Disabled and/or Elderly (57%); Households without minors (56%), White (52%), One-person households (50%) and Working families (49%). • Total voucher utilization for Calendar Year (CY) 2017 = 100.6%. • Average Public Housing occupancy for CY 2017 = 97% or 3 vacancies. • Achieved "High Performance" status for the HCV program for Fiscal Year (FY) 2016. • Total available vouchers = 1,298 • Diversity of participants is increasing due to an influx of North African, Middle Eastern and Congolese families. Comparing the Iowa City Housing Authority to the other 70 Housing Authorities in the State of Iowa. Effective dates included: November I, 2016—February 28, 2018: • ICHA participants have hither average annual incomes - $15,293 vs. $12,65 1; • The ICHA assists mo working families — 49% vs. 33%; • The ICHA assists fswff families receiving welfare — 4% vs. I S%; • ICHA participants pay a higher average monthly amount of the contract rent - $361 vs. $294. CY2018 Funding Summary (source: National Association of Housing and Rehabilitation Officials NAHRO): The FY 2018 omnibus spending package contains $63 billion in additional funding for domestic programs and a 10 percent increase in spending for HUD. Tenant -Based Rental Assistance (TBRA) Housing Choice Voucher (HCV) Housing Assistance Payments (HAP): The omnibus includes $19.6 billion for HAP renewals. This is an increase of $1.245 million from the FY 2017 enacted budget At this time, NAHRO believes that this rep- resents full funding (i.e., a 100 percent proration) of this account HUD-VASH: The omnibus allocates $40 million for new HUD-VASH vouchers. HUD will make the funding available to PHAs that partner with eligible United States Department of Veterans Affairs (VA) Medical Centers or other entities based on geographical need, PHA administrative performance, and other factors. The FY 2017 enacted budget allocated $40 million for HUD-VASH vouchers also. Additionally, the omnibus allocates $5 million for HUD-VASH renewals "to Pap 4 Annual Report — 2010 serve Native American veterans that are homeless or at -risk of homelessness living on or near a reservation or other [Native American] areas." Ongoing Administrative Fees: The omnibus allocates $1.730 billion for ongoing administrative fees, a $" million increase from the FY 2017 enacted levels. At this time, NAHRO believes that this represents a 77 percent proration. Public Housing Operating Fund The omnibus provides $4.55 billion to support the operation and management of public housing. This is $150 million more than funding for FY 2017, $50 mil- lion more than what was proposed by the Senate, $150 million more than the House bill and $650 million more than what was proposed by the Presidents FY 2018 budget request According to HUD's Congressional Justifications, funding provided by the Senate bill would be sufficient to fund 94 percent of public housing agencies' (PHAs') anticipated formula eligibility - although this may change as the year progresses and HUD provides PHAs with true -ups to ac- count for underfunding in January, February, and March. Public Housing Capital Fund The omnibus provides $2.75 billion for the Capital Fund, $808.5 million more than FY 2017 funding. The omnibus includes $2.122 billion more than the Presi- dents 2018 budget, $805 million more than the Senate bill, and $900 million more than the House bill. NAHRO has long worked to see increases to the Capital Fund and is pleased that the omnibus provides such a significant increase compared to 2017 funding levels. That said, funding for the Capital Fund still remains lower than the $3.4 billion annual accrual baseline established by HUD's 2010 Capital Needs Assessment Calendar Year 2018 Capital Improvement Funds The Iowa City Housing Authority's 5 -Year Plan for Fiscal Years 2015-2019 was approved by HUD on May 18, 2016. The Capital Improvement funds are ear- marked for general maintenance and repair of the Public Housing units. As nec- essary, these funds will also be used to upgrade structures, interiors, HVAC systems, and appliances. Page 5 Annual Report — 2018 Housing Choice Voucher Program The Housing Choke Voucher Program (HGV) is fund- ed by the U.S. Department of Housing and Urban De- �c�" velopment (HUD) with the intent of increasing afforda- ,�,� \' t 'r ble housing choices for elderly, persons with disabilities. 8 low-income working families. Participants with aM�, HCV voucher choose and lease safe, decent, and af- fordable privately owned rental housing. Total number of available HCV and Veteran Affairs Supportive Housing (VASH) vouchers = 1,298. HCV Economic Impact For Calendar Year 2017 (CY17), the Housing Choice Voucher program paid approximately $7.6 million in Housing Assistance Payments (HAP) to landlords/owners of rental properties in Johnson County. The vouchers in use, as of 3/14/2018, in Iowa City (860) represents 4.6% of the total number of rental units (18,531) in the City of Iowa City. Following is the Johnson County breakdown by city. Overall voucher utilization in Johnson County shows frhy-five percent (55%) were households without minor chil- dren. Dock" UHlva- tae ly City N 1 3/1412011 wd = 1,262) % of Total Tod Popohno! Johnson Comity Incorporated Popelanoe Total Youden /. Total Yoock"7HO.A.owldrTod B7 City Uditauonen Yack- By Eq Iowa city 67,1{2 50.006 110 48.1% S0l 59.16 curah{k 11,101 13.9rb 202 10A 101 SO.P/. Moral Liberty 11j21 110A 123 93% S4 43.1% Ion 2,037 I.Sr/. IS 1.1% Is 101.10% Oxford 107 O.M. 6 0.001% S 133% Alin 1947 1.40% S 0.003% 2 40.r/. tae Tree oil 0.96% 3 1.02% 21 6f.6R Hills 703 1.52% 6 0.WA 3 SO.IIX oleson county Dol Popohtan 135,73{ obasnn Conry Intoryonted 111,551 /. of jobinai Canty P tion Living is Into td nems = WA ' Sane U.S. Mand Craws 2010 nl MaH UkM Special Oman 2015. I MASH Macken % of wd mcken art "I udad a the Cedar "t Metropolitan ken. I HCY Yacker I<1% of iota] .oncken a "1 sded in Iowa Commit, Page 6 Annual Report — 2018 Public Housing Program Public housing was established to provide affordable, decent and safe renal housing for eligible low -incase families, elderly persons, and persons with disabilities. The US. Depart- ment of Housing and Urban Development (HUD) distributes federal subsidies to the Iowa City Housing Authority (ICHA), which owns and manages the housing. The eighty-one (81) Public Housing units are low-density and constricted to conform and blend into the existing neighborhood architecture. The 81 Public Housing units represent half (1 /2) of I% of the total number of rental units in the City of Iowa City. Public Housing Economic Impact for the City of Iowa Cit): • Total CY 17 rental income from Public Housing properties = $318,964 • Payment in Lieu of Taxes (PILOT) paid to the Johnson County Assessor for the Public Housing properties in CY 17 = $30,847 • In CY 17, the Housing Authority paid $306,264 to private sector Iowa City contractors for the capital improvement general maintenance and repair of the Public Housing properties. Public Housing Units by Iowa City Planning Total by Districts Location Total Occupied Occupied Units 311412016 No Mlnors Occupled unix wl Minors (includes non - school aged minors) Northeast 6 5 1 4 Central 7 6 1 5 Southeast I 31 14 17 Southwest 3 3 0 3 South 35 27 1 26 TOTAL 111 72 17 5 Page 7 Annual Report — 2018 Family Characteristics ICHA Participant Characteristics. Definition of Participant (participant family): A person or family that has been admitted to the Iowa City Housing Authority's HCV, VASH or Public Housing program and is currently receiving housing assistance. Head of Household (MOM) Characteristics. Total Families - 1,312 u reported to HUD: November I, 2016 — February 28, 2018 (multiple category reporting eliminated — like characteristics will equal 100%) • Disabled and/or Elderly HOH = 748 (57%) • Households without Children = 737 (S6%) • White HOH =682 (52%) • One Person Household = 6% (5p%) • Working Households = 643 (49X) • Black/African American HCH = 590 (4S%) • Households with Children = 575 (42%) • Disabled HOH = 533 (41%) • Female, HOH with Children = 471 (36%) • Elderly & Disabled HOH = 145 (12%) • Elderly HOH = 70 (5%) • Hispanic HCH = 52 (0) • All Other Races HOH = 26 (2%) Income Sources Total Families = 1,312 as reported to HUD: Novem. ber I, 2016 — February 28, 2018 (All Family Members: Many Families Have Multiple Sources of Income): • Social Security (SS)/Supplemental Security (SSI) = 60% • Employment = 49% • Family Investment Program (FIP/Welfare) = 4% • With any Other Income = 13% • No Income = 5% Child Support Sd4Employmemt Unemployment Insurance, Other Non -Wage Sources. As of February 28, 2018, only thirteen (13) of the total 1,371 assisted households are reporting FIP as the sole source of household income. This equals .009% of all currently assisted households. Page 8 Annual Report — 2010 Family Characteristics (continued) Length of Participation as reported to HUD: 1,312 as reported to HUD: November 1, 2016 — February 28, 2018. • Less than I year = 191 (15%) • I to 5 years = 486 (37%) • 5 to 10 years = 288 (22%) • 10 to 20 years = 283 (22%) • Over 20 years = 60 (5%) Residence prior to admission — Currently Assisted: `um� Based on the residence identified on the preliminary application andlor prior residence for port -ins. Residency preference does not apply to HUD/VASH. (ICHA jurisdiction is Johnson County, Iowa County, & Washington County North of HWY 92): • ICHA jurisdiction = 1,125 (86%) • All Other State of Iowa Counties = 63 (5%) • State of Illinois = 82(6%) • All Other Sates = 39 (3%) Iowa City Community School District (ICCSD) information 2017-2018; Total Enrollment & FreelReduced (FIR) Lunch: • Total ICCSD Enrollment K-12 = 13,845@ • Total ICCSD Eligible for FIR (37.4% of total) = 5.184 • Total ICHA (All Programs) Minor K-12 * = 1,040 • Total ICHA (All Programs) K-12 Eligible FIR = 958 @ Source: Page 26 of the ICCSD Enrollment. Demographia & Class Size Repot; October 2017 • Total may include children enrolled in the Clear Creek Amara School District, or ddldre , who have re- ceived scholarships to attend Reginal. Examples of Participants' Places of Employment: Aramark Food Service, Best Friends Veterinary Care LLC, Blue Sky Satellite Service, Caring Hands & More LLC, Check & Go, Crisis Center, Deadwood Tavern, Dept of Veterans Affair, Destiny Cruises & Tours Inc. (Owner). Dial Silvercrest Corp, Durham School Services, EPC Inc, Faith Academy, Handicare, Happy Trails Daycare, HD Supply Management Inc, Hy -Vee, Innovative Software Engineering Inc., ICCSD, John Roffman Construction, Legacy Pointe Assist. ed Living, Lopare Lucky's Market Mass Markets, Mercy Hospital, Mid -Raine Community School District Self -Employed (cleaning services, private child care), Plank Family Dental Cen- ter, Reach for Your Potential, Remedy Intelligent Staffing, Staff Ma agememt M Transporta- tion Inc.. Systems Unlimited, Team Staffing, Universiry of Iowa, Vangent WalMart. West Uber. ry Foods. Whirlpool Corporation, Wig & Pen East Pap 9 Annual Report — 2018 Public Housing Waiting List March 13, 2018 Applicant (applicant family): A person or family that has applied for admission to the Iowa City Housing Authority's Public Housing program but is not yet a participant The Iowa City Housing Authority's jurisdiction is Johnson County, Iowa; Iowa County, Iowa; and, Washington County, Iowa, North of Highway 92. The general applicant pool from which the Housing Authority draws to determine program eligibility are elderly, disabled, and families with children under the age of 18 who are residents (have a legal domicile) or are employed, in our jurisdiction (Johnson County, Iowa County, and Washington County N of HWY 92). When vacancies exist, the Housing Authority draws applicants from this pool by date and time of application and only those applications of families who qualify for the bed. room size of the available Public Housing units. The eligibility determination process includes verification of residency, family composition, eligibility status, and a national criminal background check conducted through the Iowa Department of Criminal In- vestigation and the Federal Bureau of Investigation. Public Housing Waiting List Elderly, disabled, and families with children under the age of IS who are residents (have a legal domicile) or are employed, in our jurisdiction. Number of Applicants % of Applicants 533 • 100% Elderly 66 12% Disabled 262 49% Families w/minor Children 256 48% White Had of Household 247 46% BlackfAfrian American Had of Household 236 44% Muhi le noes or none reported 38 3% I Other Races Head of Household 12 2% His is Had of Household 34 6% An ammonai u,ttt appacants are on the list in lower preference categories (Head -of. Household totals do not add up to 100% because individuals can be counted in multiple categories): Page 10 Annual Report — 2018 HCV Waiting List March 13, 2018 The HCV waiting list shares the majority of the characteristics described in the Public Housing section. There is a great deal of duplication as the majority of applicants apply to both lists. For HCV applications, bedroom sin is not taken into consideration. When vouchers are available, the Housing Authority draws applications, by date & time of application, from the applicant pool that contains elderly, disabled, and families with children under the age of 18 who are residents (have a legal domicile) or are employed, in our jurisdiction Qohnson County, Iowa County, and Washington County N of HWY 92). The eligibility determination process includes verification of residency, family composi- tion, eligibility status, and a national criminal background check conducted through the Iowa Department of Criminal Investigation and the Federal Bureau of Investigation. Housing Choice Voucher Waiting List Elderly, disabled, and families with children under the age of 18 who are residents (have a legal domicile) or are employed, in our jurisdiction. preference Number of Applicants % of Appli- cants 1,208 100% Elderly 121 10% Disabled 508 42% Families w/minor Children 724 60% White Head of Household 507 42% Black/African American Head of Household 594 49% Muld le rates or none reported 80 7% I Other (Laces Head of Household 27 2% His anis Head of Household 70 6% • An additional 21,460 applicants are on the list in lower ate oriel (Head -of 8 -Household totals do not add up to 100% because individuals an be counted in multiple ategories): Pap I I Annual Report — 2018 Promoting Self -Sufficiency & Homeownership The lack of safe, decent, and affordable housing undermines quality education, public health, and economic growth. Affordable housing is a contrib- uting factor to stabilizing families. Stable families are better equipped to take advantage of educational opportunities. With opportunities for and access to advanced education and training, families increase their employability. Sustainable employment offers opportunities to attain self-sufficiency. Economic self -sufficiency leads to a better society, and strengthens the "sense of community." Through our Self -Sufficiency programs, the Housing Authority is helping low income families bridge the economic gap by building assets, improving employ- ment opportunities, and transitioning from renters of units to owners of homes. The Family Self -Sufficiency (FSS) Program: Promotes sell -sufficiency and asset development by providing supportive services to participants to in- crease their employability, to increase the number of employed participants, and to encourage increased savings through an escrow savings program. Current FSS Enrollment Data (3131/2018): • Total FSS participants =193 • Participants with an escrow savings account =179 (93%) • Average monthly escrow savings deposit (participants with an escrow balance) = $290 • Average escrow savings account balance (participants with an escrow balance) = $3,601 • Highest escrow savings account balance = $26,S 13 Workshop Accreditations: • "Money Smart": Federal Deposit and Insurance Corporation (FDIC) Page 12 Annual Report — 2018 Promoting Self -Sufficiency & Homeownership (continued) FSS Program Coordinating Committee: The FSS Program Coordinating Committee has been replaced with three (3) already existing wider -reaching networks that have lessened the duplication of effort in leveraging community resources to promote self-sufficiency among FSS program participants. The FSS coordinator has joined the Community Reentry Network of Johnson County Area which includes representatives from educational institutions, em- ployment services, government agencies, housing agencies, neighborhood cen- ters, labor programs and family services. Participating entities: • Center for Worker Justice. • Goodwill of the Heartland. • Inside Out. • Iowa City Housing Authority. • Iowa Department of Corrections, 6th judicial District. • Iowa Works. • Jane Boyd Community House. • Kirkwood Community College. • Labor Ready. • Neighborhood Centers of Johnson County. • Shelter House. • Teamsters Local 238. The Iowa City Housing Authority is also a partner in the Workforce Innovation & Opportunity Act (WIOA) one-stop career center service delivery system. WIOA reinforces the partnerships and strategies necessary for one -stops to provide job seekers and workers with the high-quality career services, educa- tion and training, and supportive services they need to get good jobs and stay employed, and to help businesses find skilled workers and access other sup- ports, including education and training for their current workforce. Participating entities: • Kirkwood Community College. • Iowa Workforce Development. • Iowa Vocational Rehabilitation. • Iowa Department for the Blind. • Experience Works. • AARP. Page 13 Annual Report — 2018 Promoting Self -Sufficiency & Homeownership (continued) • Denison Job Corps. • Ottumwa Job Corps. • Proteus. • Hawkeye Community Action Agency. • Cedar Rapids Housing Authority. • Iowa City Housing Authority. Interagency Case Management Sub -Committee of the Local Homeless Coordi- nating Board. This group meets to ensure coordination of services provided to families, improve collaboration of services, identify unmet needs, and seek solu- tions. Participating entities: • City of Iowa City. • Domestic Violence Intervention Program. • Hawkeye Community Action Program (HACA) • Iowa City Community School District. • Iowa City Housing Authority. • Iowa Legal Aid. • Johnson County Social Services. • Prelude Behavioral Services. • Salvation Army. • Shelter House. • United Action for Youth. Homeownership Programs: FSS Homeownership: Through our FSS program, many families have used their escrow savings accounts and private mortgages to attain homeownership independent of the Housing Authority programs. Fifty-nine (59) FSS graduates have moved to homeownership. HCV Homeownership Program: Eligible participants have the option of purchasing a home with their HCV assistance rather than renting. • Forty (40) HCV Vouchers have been used to purchase homes since Janu- ary 2003; Sixteen (16) HGV Vouchers are currently active. Tenant -to -Ownership Program (TOP): The Tenant -to -Ownership Pro- gram is funded by HUD. The TOP program offered opportunities for low to very low-income families to purchase single-family homes owned by the Housing Authority. Page 14 Annual Report — 2018 Promoting Self -Sufficiency & Homeownership (continued) • Twenty-six (26) homes have been sold and ten (10) resold since May 1998. Affordable Dream Home Ownership Program (ADHOP): The Afforda- ble Dream Home Ownership Program is operated, managed and funded solely by the ICHA. It offers opportunities for income eligible families to purchase newly constructed homes, newer homes, or resale of homes purchased through the TOPIADHOP programs. • Sixteen (16) homes (10 "Universal Design" homes) were built and sold since May 1999. Down Payment Assistance Program — Grant Award $187,500: Funded with Fiscal Year 2009 HOME funds. First-time homebuyers with a household income of less than 80% of the Area Median Income (AMI) may be eligible for a forgivable loan for down payment assistance. At the date of this publication: • 20 families purchased homes (total funds expended) = $187,500 • Families with household income 60-80% of AMI = I I • Families with household income <60% of AMI = 9 UniverCity Neighborhood Partnership: The Univer0ty Neighborhood Partnership is an effort by the City of Iowa City focusing on neighborhoods located near the University campus that renin a single-family character and a demand for single-family housing, but that also have a large renter population. From May 2011 to May 2015, the Iowa City Housing Authority provided $102,276 in down payment assistance to sixteen (16) families purchasing a Uni- verCity home. In FY2014, the ICHA allocated $170,000 to the UniverCity Neighborhood Part- nership for the rehabilitation of homes purchased by the City of Iowa City. In FY 2015, an additional $20,000 was allocated for rehabilitation of homes. From June 2014 to September 2015, ICHA funds in the amount of $165,164.25 were used for the rehabilitation of eight (8) homes purchased by the City of Iowa City. Page IS Annual Report — 2018 Funding for Calendar Year 2017 The United States Congress allocates funding and passes laws for all housing programs. The U.S. Department of Housing and Urban Development's (HUD) role in the locally administered housing programs is to allocate money to local housing authorities and to develop policy, regulations and other guidance that interprets housing legislation. The Actual Funds Received for CYI7. HUD will release the CYIB budg- et details for individual Housing Authorities in May 2018. in¢ Choice Voucher Prorram CY 17 • Housing Assistance Payments = $7,052,127 • Administrative Fees = $839,504 • Family Self -Sufficiency Grant = $121,721 • Fraud Recovery = $131,040 • HOME Tenant Based Rental Assistance (TBRA) _ $200,000 Total HCV Program CY 17 = $8,344,392 Public Housing CY 17 • Operating Subsidy = $261,766 • Rental Income = $318.964 • Reimbursement of ExpenseslFraud Recovery = $20,198 • Capital Funds Program (CFP) _ $106,900 Total Public Housing CY 17 = $707,828 Total Housing Authority Funding CY 17 = $9.052.220 Page 16 Annual Report — 2018 Iowa City Housing Authority (ICHA) Funding Sources ICHA income and cash sources. The uses of the cash sources are based on relevant HUD notices and signed agreements between the Housing Authority and HUD. Housing Choice Voucher (HCV) Administrative Fees Administrative fees are available to the ICHA for the operation and manage- ment of the HCV program. Starting January 31, 2004, HUD and Congress. through the approval of the Annual Appropriations Act, restricted the use of ad- ministrative fee income to activities related to the HCV tenant -based rental assis- tance and related development activities (PIH Notice 2008 -IS). Housing Assistance Payments (HAP) HUD provided funds to cover the housing subsidy paid to ownersllandlords directly by the ICHA on behalf of the participating family. The family pays the difference between the actual rent charged by the landlord and the amount subsidized by the program. Under certain circumstances, if authorized by the ICHA, a family may use its voucher to purchase a modest home. HUD/Veterans' Affairs Supportive Housing (VASH) This is tenant based rental assistance funds targeting homeless veterans partici- pating in VA Case Management Services. Family Self -Sufficiency (FSS) The FSS program is a tenant self-sufficiency work incentive program, ICHA estab- lishes cash accounts for FSS program participants that will be available to them 9 they complete the program. ICHA's contributions to these accounts are funded by HUD through the ICHA's regular funding process. FSS cash is not available to ICHA for any other use. Public Housing Operations Under Section 9(3) of the Housing Act of 1937, Operating Funds are available to the ICHA for the operation and management of the Public Housing program. These funds assist the ICHA in bridging the gap between the rent collected and the operating expenses of the program. Operating cash is only available for the use and benefit of public housing units and residents. Page 17 Annual Report — 2018 Housing Authority Capitol Fund Grants HUD provides funds to the ICHA to improve the physical condition, upgrade the management and operation and carry out other activities for Public Housing developments. These funds are primarily used for general maintenance and re- pair of the Public Housing. units. As necessary, these funds will also be used to upgrade structures, interiors, HVAC systems and appliances. Capital Funds are calculated and allocated by an established formula. Affordable Dream Homeownership Program (ADHOP) On September 3, 1993, the ICHA entered into a Section 5(h) Agreement with HUD. The purpose of this program is to create affordable home ownership-oppor. tunities throughout Iowa City. This agreement authorizes the ICHA to sell Public Housing units and use the sales proceeds to construct or purchase homes for reha. bilitation to continue the cycle. To ensure affordability, the ICHA provides a sec - end mortgage for the homeowners. Broadway Sales Proceeds ICHA received approval from HUD for the sale of 18 units at 1926/1946 Broadway Street, Iowa City, Iowa. Per the approved plan submitted to HUD, the sales pra seeds were to be used for the development of 18 low-density scattered site re- placement units that would be more efficiently and effectively operated as lower income housing. There is m other permissible use of these funds per the agree - mem. Public Housing Tenant Security Deposits The ICHA holds security deposits until tenants vacate units. At that time, the ten. ants receive a full or partial refund depending on such factors as remaining rental or other charges outstanding and reimbursement of damage repairs. Tenant security deposit cash is not available to ICHA for any other use. Page 18 Annual Report — 2018 Partnerships and Community Collaborations • University of Iowa School of Social Work. • Women's Resource and Action Center (WRAC). • Montessori School. • Goodwill of the Heartland. • Habitat for Humanity. • Iowa Women's Foundation. • Iowa City Junior Service League. • Shelter House. • Iowa State University (ISU) Extension. • Iowa City Area Association of Realtors. • Hawkeye Area Community Action Program (HACAP). • Foster Grandparents Program. • The Housing Trust Fund of Johnson County (HTFJC). • City of Iowa City Parks & Recreation. • City of Iowa City Neighborhood Services. • Iowa City Public Library. • Iowa City Human Rights Commission. • Domestic Violence Intervention Project (DVIP). • Johnson County Department of Public Health. • Horizons Community Credit Counseling. • Johnson County Local Homeless Coordinating Board. • Cross Park Place. • Workforce Innovation & Opportunity Act (WIOA) Partners. • Veterans' Administration. • Kirkwood Community College. • Reentry Network of Johnson County. • Crisis Center. • ABBE Center for Community Mental Health. • Iowa City Community School District. • Community Transportation Committee. Page 19 Annual Report — 2018 usingUTHORI 410 E. Washington Street Iowa City • Iowa • 52240.1816 We provide: • Information and education, • Housing assistance, • Public and private partnership opportunities. Phone: (319) 356-5400 FAX: (319) 356-5459 Web: www.icgov.o*cha Page 20 T Public Notice Notice is hereby given that a public meeting will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 17th of April, 2018 in Emma J. Harvat Hall, 410 E Washington St, Iowa City, Iowa or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1. The Iowa City Housing Authority's updated Annual Plan advising HUD, its residents and members of the public of the needs of low-income and very low- income families, and their strategy for addressing those needs; and, the Public Housing Capitol Fund expenditures. Copies of the plan and Capitol Fund expenditures will be available for public examination in the office of the Iowa City Housing Authority, City Hall, Iowa City, Iowa, beginning March 1, 2018. KELLIE FRUEHLING, CITY CLERK r 1 CITY OF IOWA CIT COUNCIL ACTION REPO 04'-,e April 17, 2018 Resolution Adopting the Iowa City Housing Authority's Annual Plan for Fiscal Year 2018. Prepared By: Steven J. Rackis, Housing Administrator Reviewed By: Tracy Hightshoe, Director, Neighborhood and Development Services Fiscal Impact: No Impact Recommendations: Staff: Defer to May 1, 2018 Commission: The report will be shared with the Housing and Community Development Commission on April 19, 2018. Attachments: Resolution Iowa City Housing Authority Annual Report - 2018 Executive Summary: The Public Housing Reform Act requires submission of an Annual Plan. The Annual Plan provides details about the Public Housing Authority's (PHA) current programs and the resident population served, as well as the PHA's strategy for addressing the housing needs of currently assisted families and the larger community. At your May 1, 2018 meeting, Council will be asked to review and adopt this Annual Plan so that staff may submit the plan to the U.S. Department of Housing and Urban Development. Background / Analysis: The strategies for meeting the Iowa City Housing Authority's mission, goals, and objective are stated in the Iowa City Housing Authority's 5 -Year Plan for Fiscal Years 2015-2019 and are contained in CITY STEPS 2016-2020 Iowa City's Consolidated Plan for Housing, Jobs, and Services for Low -Income Residents. April 17, 2018 The City Council of the City of Iowa City, State of Iowa, met in _ regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P .M., on the above date. There were present Mayor Throgmorton in the chair, and the following named Council Members: Botchway, Cole Mims Salih Taylor Thomas Thromorton Absent: None Vacant: -I- The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $10,750,000 General Obligation Bonds, in order to provide funds to pay the costs of- a) £ a) acquisition, construction, reconstruction, and improvement of real and personal property, useful for the protection of property in the City from the effects of flood waters, including construction and improvement of embankments and the development and beautification of the banks and other areas adjacent to flood control improvements; b) opening, widening, extending, grading, and draining of the right-of-way of streets, highways, avenues, alleys and public grounds, and market places, and the removal and replacement of dead or diseased trees thereon; the construction, reconstruction, and repairing of any street improvements, bridges, grade crossing separations and approaches; the acquisition, installation, and repair of sidewalks, culverts, retaining walls, storm sewers, sanitary sewers, water service lines, street lighting, and traffic control devices; and the acquisition of any real estate needed for any of the foregoing purposes; c) rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks, for essential corporate purposes, and that notice of the proposal to issue the Bonds had been published as provided by Section 384.25 of the Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and _ 0 were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. -2- The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Mims introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $10,750,000 GENERAL OBLIGATION BONDS", and moved: A❑ that the Resolution be adopted. ❑ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2018, at this place. Council Member Botchway seconded the motion. The roll was called and the vote was, AYES: Botchway, Cole, Mims, Salih Taylor, Thomas, Throgmorton NAYS: Whereupon, the Mayor declared the measure duly adopted. Resolution No 18-115 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $10,750,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $10,750,000 General Obligation Bonds, for the essential corporate purposes, in order to provide funds to pay the costs of: a) acquisition, construction, reconstruction, and improvement of real and personal property, useful for the protection of property in the City from the effects of flood waters, including construction and improvement of embankments and the development and beautification of the banks and other areas adjacent to flood control improvements; b) opening, widening, extending, grading, and draining of the right-of-way of streets, highways, avenues, alleys and public grounds, and market places, and the -3- removal and replacement of dead or diseased trees thereon; the construction, reconstruction, and repairing of any street improvements, bridges, grade crossing separations and approaches; the acquisition, installation, and repair of sidewalks, culverts, retaining walls, stone sewers, sanitary sewers, water service lines, street lighting, and traffic control devices; and the acquisition of any real estate needed for any of the foregoing purposes; c) rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $10,750,000 General Obligation Bonds, for the foregoing essential corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 17th day of April, 2018. ATTEST: City Clerk M yor -4- 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 farther 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 17th day of April 2018. Citylerk, City of loKa City, State of log (SEAL) 01469046-1\10714-101 April 17, 2018 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P .M., on the above date. There were present Mayor Throgmorton in the chair, and the following named Council Members: Botchway, Cole Mims Salih Taylor Thomas Thromorton Absent: None Vacant: Be The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $545,000 General Obligation Bonds, in order to provide funds to pay the costs of acquisition, construction, reconstruction, enlargement, improvement, and equipping of city halls, recreation grounds, recreation buildings, juvenile playgrounds, recreation centers, and parks, and the acquisition of any real estate necessary therefor, for general corporate purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Section 384.26 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and o were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. -2- The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Thomas introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $545,000 GENERAL OBLIGATION BONDS", and moved: x❑ that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2018, at this place. Council Member Botchway seconded the motion. The roll was called and the vote was, AYES: Botchway, Cole, Mims, Salih Taylor, Thomas, Throkmorton NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No 18-116 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $545,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $545,000 General Obligation Bonds, for the general corporate purposes, in order to provide funds to pay the costs of acquisition, construction, reconstruction, enlargement, improvement, and equipping of city halls, recreation grounds, recreation buildings, juvenile playgrounds, recreation centers, and parks, and the acquisition of any real estate necessary therefor, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. -3- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $545,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 17th day of April, 2018. ATTEST: City Clerk M yor M 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 17th day of April 2018. -City elerk, City of Ion City, State of Io (SEAL) 01469046-1\10714-101 Ib April 17, 2018 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E..Washington, Iowa City, Iowa, at 7:00 P .M., on the above date. There were present Mayor Throgmorton in the chair, and the following named Council Members: Botchway, Cole Mims Salih Taylor Thomas Thromorton Absent: None Vacant: -I- The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $700,000 General Obligation Bonds, in order to provide funds to pay the costs of acquisition, construction, reconstruction, enlargement, improvement, and equipping of portions of the new public works facility, for general corporate purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Section 384.26 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and o were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. -2- The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Botchway introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS", and moved: © that the Resolution be adopted. ❑ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2018, at this place. Council Member Taylor seconded the motion. The roll was called and the vote was, AYES: Botchway, Cole, Mims, Salih Taylor, Thomas, Throgmorton NAYS: Whereupon, the Mayor declared the measure duly adopted. Resolution No 18-117 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, for the general corporate purposes, in order to provide funds to pay the costs of acquisition, construction, reconstruction, enlargement, improvement, and equipping of portions of the new public works facility, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. -3- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 17th day of April, 2018. ATTEST: City Clerk M or -4- 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 17th day of April 12018. City C erk, City of Iow City, State of low (SEAL) 01469046-1\10714-101 April 17, 2018 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 r .M., on the above date. There were present Mayor Throgmorton in the chair, and the following named Council Members: Botchway, Cole Mims Salih Taylor Thomas Thromorton Absent: None Vacant: -I- Council Member Mims introduced the following Resolution entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $8,895,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) GENERAL OBLIGATION BONDS, SERIES 2018A, AND APPROVING ELECTRONIC BIDDING PROCEDURES" and moved its adoption. Council Member Botchway seconded the Resolution to adopt. The roll was called and the vote was, AYES: Botchway, Cole, Mims, Salih Taylor, Thomas, Throgmorton NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No 18-118 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $8,895,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) GENERAL OBLIGATION BONDS, SERIES 2018A, AND APPROVING ELECTRONIC BIDDING PROCEDURES WHEREAS, the Issuer is in need of funds to pay costs of: a) acquisition, construction, reconstruction, and improvement of real and personal property, useful for the protection of property in the City from the effects of flood waters, including construction and improvement of embankments and the development and beautification of the banks and other areas adjacent to flood control improvements; b) opening, widening, extending, grading, and draining of the right-of- way of streets, highways, avenues, alleys and public grounds, and market places, and the removal and replacement of dead or diseased trees thereon; the construction, reconstruction, and repairing of any street improvements, bridges, grade crossing separations and approaches; the acquisition, installation, and repair of sidewalks, culverts, retaining walls, storm sewers, sanitary sewers, water service lines, street lighting, and traffic control devices; and the acquisition of any real estate needed for any of the foregoing purposes; and c) rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks, -2- essential corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $10,750,000 be authorized for said purposes; 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 Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such purposes; and WHEREAS, the City is in need of funds to pay costs of acquisition, construction, reconstruction, enlargement, improvement, and equipping of city halls, recreation grounds, recreation buildings, juvenile playgrounds, recreation centers, and parks, and the acquisition of any real estate necessary therefor, general corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $545,000 be authorized for said purposes; 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, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purposes 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 purposes; and WHEREAS, the City is in need of funds to pay costs of acquisition, construction, reconstruction, enlargement, improvement, and equipping of portions of the new public works facility, for general corporate purposes, a general corporate purpose, 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; 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, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for a general corporate purpose 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; 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 $8,895,000 (dollar amount subject to change) General Obligation Bonds as hereinafter set forth; and WHEREAS, the Council has received information from its Municipal Advisor evaluating and recommending the procedure hereinafter described for electronic, facsimile and intemet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and -3- WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic intemet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the SpeerAuction Competitive Bidding System described in the Notice of Sale are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale. Section 2. That General Obligation Bonds, Series 2018A, of City of Iowa City, State of Iowa, in the amount of $8,895,000 (dollar amount subject to change), to be issued as referred to in the preamble of this Resolution, to be dated June 1, 2018, be offered for sale pursuant to the published advertisement. Section 3. That the Clerk is hereby directed to publish notice of sale of the Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the "Iowa City Press -Citizen", a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. The notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 1 st day of May, 2018, at 7:00 P.M., will hold a meeting to receive and act upon bids for said Bonds, which bids were previously received and opened by City Officials at 10:30 A.M. on said date. PASSED AND APPROVED this 17th day of April, 2018. L, Malyor ATTEST: City Clerk 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 17th day of April 12018. City Berk, City of Iow City, State of low (SEAL) 01469046-1\10714-101 April 17, 2018 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E..Washington, Iowa City, Iowa, at 7:00 r .M., on the above date. There were present Mayor. Throgmorton in the chair, and the following named Council Members: Botchway, Cole Mims Salih Taylor Thomas Thromorton Absent: None Vacant: -1- Council Member Salih introduced the following Resolution entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $3,100,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) TAXABLE GENERAL OBLIGATION BONDS, SERIES 2018B, AND APPROVING ELECTRONIC BIDDING PROCEDURES" and moved its adoption. Council Member Botchway seconded the Resolution to adopt. The roll was called and the vote was, AYES: Botchway, Cole, Mims, Salih Taylor, Thomas, Thromorton NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No 18-119 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $3,100,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) TAXABLE GENERAL OBLIGATION BONDS, SERIES 2018B, AND APPROVING ELECTRONIC BIDDING PROCEDURES WHEREAS, the Issuer is in need of funds to pay costs of opening, widening, extending, grading, improvement and draining of the right-of-way of streets, avenues, alleys and public grounds, parks and market places; the construction, reconstruction, and repairing of street improvements; the acquisition, installation, and repair of sidewalks, street lighting, and traffic control devices and streetscape improvements; and the acquisition of any real estate needed for any of the foregoing purposes, essential corporate purposes, and it is deemed necessary and advisable that Taxable General Obligation Bonds, to the amount of not to exceed $3,100,000 be authorized for said purposes; 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 Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such purposes; and WHEREAS, the Council has received information from its Municipal Advisor evaluating and recommending the procedure hereinafter described for electronic, facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and -2- WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the SpeerAuction Competitive Bidding System described in the Notice of Sale are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale. Section 2. That Taxable General Obligation Bonds, Series 2018B, of City of Iowa City, State of Iowa, in the amount of $3,100,000 (dollar amount subject to change), to be issued as referred to in the preamble of this Resolution, to be dated June 1, 2018, be offered for sale pursuant to the published advertisement. Section 3. That the Clerk is hereby directed to publish notice of sale of the Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the "Iowa City Press -Citizen", a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. The notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 1 st day of May, 2018, at 7:00 P.M., will hold a meeting to receive and act upon bids for said Bonds, which bids were previously received and opened by City Officials at 11:00 A.M. on said date. PASSED AND APPROVED this 17th day of April, 2018. ATTEST: City Clerk M or -3- 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 17th day of April 2018. City Clerk, City of Io City, State of lo ) (SEAL) 01469046-1\10714-101