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HomeMy WebLinkAbout2019-05-07 ResolutionItem Number: 6.c. � + wMO°• CITY of IOWA CITY www.icgov.org May 7, 2019 1. Resolution to issue Cigarette Permit to Emman Abedeallah, dba Almost Paradise Vape Shop, 355 S. Linn St. ATTACHMENTS: Description Cigarette Resolution (p, Prepared by: City Clerk's Office,410 E.Washington St.,Iowa City,IA 52240(319)356-5043 Resolution Number: 19-109 Resolution to Issue Cigarette Permits Whereas, the following firms and persons have made an application and paid the taxes required by law for the sale of cigarettes,tobacco, nicotine and vapor products. Now, Therefore,be it Resolved by The City Council of Iowa City, Iowa, That: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes,tobacco, nicotine and vapor products: Almost Paradise Vape Shop — 355 S. Linn St. Passed and approved this 7th day of May , 2019 M or pproved by Attest f City Clerk City Attorney's Office It was moved by salmi and seconded by Cole the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton Item Number: 7.b. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT May 7, 2019 Resolution Authorizing the Extension and Renewal of the Contract for Third Party Administrative Services for Workers' Compensation and Liability Claims. Prepared By: Melissa Miller, Revenue & Risk Manager Reviewed By: Dennis Bockenstedt, Finance Director Ashley Monroe, Assistant City Manager Fiscal Impact: $70,000 in General Fund expenditures Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: At the May 7, 2019 City Council meeting, consideration will be given to a resolution to renew the Two Party Claim Service Agreement between the City of Iowa City and EMC Risk Services, LLC. The current contract has expired. Funding for this contract renewal is available in the Tort Liability operating budget. Background /Analysis: In the Spring of 2016, the City's insurance broker sent out requests for proposals for Third Party Administrative services for the City's workers' compensation and liability claims. Proposals were received from 6 vendors and the contract was awarded to EMC Risk Services, LLC. The contract has expired and is being extended for an additional two years with no change in pricing. Average Third Party Administrative expenditures are $70,000 annually. This Resolution authorizes the contract value to exceed $150,000 and authorizes the City Manager to effectuate future contract renewals. ATTACHMENTS: Description Resolution TPA Service Prepared by: Melissa Miller, Revenue & Risk Manager, 410 E.Washington St., Iowa City, IA 52240 (319) 356-5065 ( �j Resolution No. 19-110 Resolution Authorizing the Extension and Renewal of the Contract for Third Party Administrative Services for Workers' Compensation and Liability Claims Whereas, the City's insurance broker sent out requests for proposals for Third Party Administrative Services for the City's workers' compensation and liability claims in the Spring of 2016; and Whereas, the City received proposals from six vendors; and Whereas, an evaluation committee composed of staff from the City's Finance Department and the City's insurance broker reviewed the proposals and selected EMC Risk Services, LLC to receive the contract award; and Whereas, the initial term of this contract has expired; and Whereas, the City would like to exercise the option to renew the contract for an additional two years; and Whereas, the City expects to expend approximately $70,000 annually; and Whereas, City's policy requires City Council approval for contracts over $150,000; and Whereas, funds for this purchase are available in the operating budget for Tort Liability, org 10310630; and Whereas, approval of this procurement is in the public interest. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The contract is authorized to extend beyond $150,000 in contract value. 2. The City Manager is authorized to take whatever steps are necessary to effectuate future renewals. Passed and approved this 7th day of May , 20 19 M or Al° roved by J Attest: . u_ Z6ZJR- _. 6/-157°l`57°J� ity Clerk City Attorney's Office It was moved by saliti and seconded by Cole the Resolution be adopted, and upon roll call there were: uopow60J41 x sewoyl x en6eel x �ol�(el x 4!!eS x sway, x oleo x :1N3S9b' :SAVN :S3Ay Z abed 0IT-6T TIN uognlosel{ Item Number: 7.c. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT May 7, 2019 Resolution approving an agreement with Summer of the Arts, Inc. to allow the sale, consumption, and possession of beer and wine on City streets during Arts Fest, Jazz Fest, and Soul and Blues Festival. Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Simon Andrew, Asst. to City Manager Fiscal Impact: none. Recommendations: Staff: Approval Commission: N/A Attachments: resolution agreement Executive Summary: Section 4-5-3 of the City Code allows for the sale and consumption of alcohol in a city park, on a right-of-way, or other public ground, excluding public buildings, pursuant to written agreement. Background /Analysis: The City Code allows for the sale and consumption of alcohol on City streets pursuant to written agreement. The agreement, which is attached to the resolution, allows Summer of the Arts, Inc. to sell beer and wine in a fenced off area on Iowa Ave. during Arts Fest and Soul & Blues Festival and on N. Clinton St. during Jazz Fest. The exact locations and dimensions of the sites are attached as exhibits to the agreement. The agreement is substantially similar to the one executed last year with the exception of the addition of Soul & Blues Festival. ATTACHMENTS: Description resolution agreement 1,G Prepared by:Susan Dulek,Asst. City Attorney,410 E.Washington St., Iowa City, IA 52240(319)356-5030 Resolution No. 19-111 Resolution approving an agreement with Summer of the Arts, Inc. to allow the sale, consumption, and possession of beer and wine on City streets during Arts Fest, Jazz Fest, and Soul and Blues Festival. Whereas, section 4-5-3D of the City Code allows private entities to sell, consume, and possess alcohol in a city park, on public right-of-way or on a city ground excluding public buildings under limited circumstances; Whereas, Summer of the Arts, Inc. would like to be able to sell beer and wine in a demarcated area on a City street during Arts Fest, Jazz Fest, and Soul and Blues Festival; and Whereas, it is in the City of Iowa City's interest to execute the attached agreement. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is authorized to sign the attached agreement and any needed amendments. Passed and approved this 7th day of May , 2019. MA R 4 711---- Approved by ATTEST:; ilr ~.o _(� CI CLERK City Attorney's Office Resolution No. 19-111 Page 2 It was moved by saliti and seconded by Cole the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Cole X Mims X Salih X Taylor X Teague X Thomas X Throgmorton 2019 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND WINE ON CITY STREETS DURING IOWA ARTS FESTIVAL, IOWA CITY JAZZ FESTIVAL, AND SOUL AND BLUES FESTIVAL This Agreement is made between Summer of the Arts, Inc. ("SOTA") and the City of Iowa City, a municipal corporation ("City"), in Iowa City, Iowa. WHEREAS, SOTA is an "authorized entity" as that term is defined in section 4-5-3D of the City Code; WHEREAS, SOTA has applied for a license to sell beer and wine during the Iowa Arts Festival ("Arts Fest"), the Iowa City Jazz Festival ("Jazz Fest"), and the Soul and Blues Festival ("Soul Fest") in downtown Iowa City; and WHEREAS, the parties wish to enter into an agreement to allow SOTA to sell beer and wine and to allow persons to possess and consume beer and wines under limited circumstances on downtown City streets. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Authorized Site. a) Arts Fest. In consideration for SOTA's promises herein, the City agrees to allow SOTA control over the area in the 100-block of Iowa Avenue as shown on the diagram which is attached, marked Exhibit A, and incorporated herein ("Arts Fest authorized site") during the Term of this agreement. b) Jazz Fest. In consideration for SOTA's promises herein, the City agrees to allow SOTA control over the area on Clinton Street at the intersection with Iowa Avenue as shown on the diagram which is attached, marked Exhibit B, and incorporated herein ("Jazz Fest authorized site") during the Term of this agreement. c) Soul Fest. In consideration for SOTA's promises herein, the City agrees to allow SOTA control over the area in the 200-block of Iowa Avenue Street as shown on the diagram which is attached, marked Exhibit C, and incorporated herein ("Soul Fest authorized site") during the Term of this agreement 2. Term. This agreement shall commence at 4:00 pm on May 31, 2019 and shall expire at 4:00 pm on June 2, 2019 for Arts Fest, shall commence again at 4:00 pm on July 5, 2019 and shall expire again at 10:30 pm on July 6, 2019 for Jazz Fest, and shall commence again at 5:00 pm on August 2, 2019 and shall expire again on August 3, 2019 at 10:30 pm for Soul Fest. More particularly, alcohol may only be sold and possessed on the Arts Fest authorized site during the following hours: May 31: 4:00 pm-10:30 pm; June 1: noon — 10:30 pm; June 2: noon-4:00 pm. More particularly, alcohol may only be sold and possessed on the Jazz Fest authorized site during the following hours: July 5: 4:00 pm — 10:30 pm; July 6:11:30 am — 10:30 pm. More particularly, alcohol may only be sold and possessed on the Soul Fest authorized site during the following hours: August 2: 5:00 pm to 10:30 pm; August 3: noon to 10:30 pm. 3. Access. SOTA shall take all reasonable steps to ensure that every person on the authorized site has a stamp or wrist band for entry or is an employee of, an independent contractor of, or volunteer for SOTA and shall exclude any person who is not. 4. License. This agreement is void if SOTA does not have a license to sell beer and wines on the Arts Fest authorized site at any time during the period of May 31, 2019 through June 2}( 2019, on the Jan Fest authorized site at any time during the period of July 5, 2019 through July 6, 2019, and on the Soul Fest authorized site at any time August 2, 2019 through August 3, 2019. 5. Sale of Beer and Alcohol Restrictions. SOTA shall only sell beer and wine to a person who is over twenty-one (21) years of age. SOTA acknowledges that the authorized sites are subject to all applicable alcohol restrictions in the City Code including Ordinance No. 10-4388 that restricts entry to those over twenty-one (21) years of age after 10:00 p.m. with limited exception. 6. Advertisement. SOTA shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site with the exception that signage may be placed on the interior tent wall. Sponsorship signage unrelated to businesses selling alcohol, beer, wine, or tobacco will be allowed. 7. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized sites without any prior notice to determine compliance with the terms of this agreement. 8. Debris and Trash. SOTA shall be solely responsible for collecting all debris and trash from the authorized sites, and the City shall then remove the debris and trash. If SOTA fails to do so and if City staff has to collect the debris and trash from the authorized sites, SOTA may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 9. No Smoking. Smoking is prohibited in the authorized sites, and SOTA shall post a no-smoking a sign at the front entrance to the authorized sites and two signs inside the authorized sites. The signs shall comply with Iowa Code Section 142D.6 (2017). Additionally, the use of electronic cigarettes is prohibited. Electronic cigarette means vapor product as defined in Section 453A.1 of the Code of Iowa (2019). 10.Temporary Toilet Facilities. SOTA shall provide at its sole cost the temporary toilet facilities shown on Exhibits A to C, including two (2) that are handicap accessible. 11.Occupancy and Exits. The maximum occupancy load of the Arts Fest authorized site is 313 persons, the Jazz Fest authorized site is 352, and the Soul Fest authorized site is 100 persons. SOTA is solely responsible for maintaining the occupancy limits. SOTA shall post a sign with the maximum occupancy load inside the authorized site. SOTA shall maintain two (2) exits in each authorized site and post"exit' signs at both exits, with the location and size 2 of the signs to be approved by the City Fire Department. Each exit must be a minimum 36 inches in width. 12. Anchoring and Drilling. SOTA shall not drill any holes into the pavement or the sidewalk and shall not anchor a tent tie down or pole to the pavement or the sidewalk. 13.Fencing. The authorized site shall be enclosed by fencing as approved by the City. 14.Fire Lane. SOTA shall maintain a fire lane of twenty feet (20') between the outside fence and the vendors across the street, unless approved by the Fire Code Official. 15.Insurance. a) Premises Insurance. From May 31, 2019 through June 2, 2019, from July 5, 2019 through July 6, 2019, and from August 2, 2019 through August 3, 2019, SOTA shall carry comprehensive general liability insurance for bodily injury and property damage on the Arts Fest, Jazz Fest, and Soul Fest authorized sites respectively in the amount of $1,000,000 (one million dollars)for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. SOTA shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. SOTA shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance. From May 31, 2019 through June 2, 2019, from July 5, 2019 through July 6, 2019, and from August 2, 2019 though August 3, 2019, SOTA shall carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2019) in the amount of $500,000 (five hundred thousand dollars). SOTA shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. c) Governmental Immunities Endorsement. SOTA shall obtain a governmental immunities endorsement that meets the requirements set forth on Exhibit D, which is attached and incorporated herein. 16. Indemnification. SOTA shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer and wine on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City, its officers, employees and agents any claim against the City, its officers, employees, and agents arising out of the use of the authorized site or sale, consumption, • or possession of beer and wine on the Arts Fest, Jazz Fest, and Soul Fest authorized sites. 17. Non-Discrimination. SOTA shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical 3 disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 18. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 19. Assignment and Subletting. SOTA shall not assign or sublet this agreement without prior written approval of the City. 20. Entire Agreement. This constitutes the whole agreement between the parties, and may be modified in writing only, duly signed by the parties. Dated, this 7 to day of May, 2019. SUMMER OF THE ARTS, INC. By: Lisa J. Barn THE CITY OF IOWA CITY _,�--- By: (Geoff Fruin, City Manager Approved by: City Attorney's Office 4 Ow flare, ..., 2019 IOWA ARTS FESTIVAL ,F,...°‘^ „lug,. • C° IOWA � " ► BEVERAGE GARDEN DIAGRAM X att8 , VMMR,P ( FESTIVAL 4 A R TS 6969-1£9.008 Otl9N3d PRESENTED BY: Veridian Credtt Unio ne 50ft. -r .L PPPPPot HCP R R RT— SIDEWALK 40. • .. X X X i102E IL■ X tiori,, X 1118E _ P : : : : P• �= P'fir H \ I s 1 Enhance oI . _ _I i 1008. I ExitHiRiRt #1 L I I I 1 Z \ IOWA AVENUE U I Picnic Area f N FOOD VENDORS - Water ,/ Booth LEGEND Each boxIND is 101t. ® Recycling/ Trash stations filiround Tables-6 chairs TO Ticket/Ordering 43 Tented area Bike Rack Barricade X Pedestal tables ❑P Portopotties - Side walls in serving area 6 ft.long poly tables INNIIIIm 6 ft.Tall Fencing Nighttime Side walls ",. -�: 'It 2019 IOWA JAZZ FESTIVAL °��` _ 1 MM r BEVERAGE GARDEN DIAGRAM ja o"'Ac�,.yoARirs ZZ6869-t£9-(IOB(IVON3d < ESTIVAL , >- 120ftfonwnunity.audit Union Wnebaod,/1D -► Entrance `I Emergency Fwd v. —--- X Xlb LOCAL SIDE 11-7(.1) X X • 11X I STAGE © 1 Ill, o X X MIRX x 1Lii EL 11 I , , Exit#1 I I .. CLINTON STREET xcr P P P P1_13 `P w LEGEND O Each box is loft. ® Recycling/ 4� Trash stations1111 4V Round Table pi Ticket sales ai r) a Tented area + b Bike Rack Barricades X Pedestal tables n Portopotties .4'.'-'1.,(-,,.) - . �J a. — Side walls in serving area 6 ft long poly tables ceder Area i Night time — 6 ft.Tall Fencing 4,,,,,, " ..,, Side walls co r — \ , � �$ 2019 Soul and Blues Festival v90'4.�'' t1MM ' Beverage Garden Diagram e,�. �� 6 ��d S • s.. souL&��,v �Fj?+ BLUES4 S .4 :4 :�. FESTIVAL Pr waned$midwutOne Baa! UI Driveway P P AP °' Iowa Avenue cct o 60 CA c-.) 2 ft. It OD 20 _ . X 0 x a: ft. 13 E3 I AO i . x • v v , #221 it< >1 #229 Alley C` 60 ft. Legend Blue Moose Each box is 10 ft P Portopotties 6 ft Tall Fencing _ _ _ _ Night Time Side Walls i^ Tented Area R Recycling/ 48"Round Tables-6 FT-51 Tickets/Ordering Trash Stations Chairs Side walls in serving area Bike Rack Barricade X Pedestal Tables EXHIBIT D Governmental Immunities Endorsement 1. Non-waiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Iowa City, Iowa as Additional Insured does not waive any of the defenses of governmental immunity available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Iowa City, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Iowa City. 4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Iowa City, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Iowa City, Iowa. 5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa, agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. Item Number: 7.d. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT May 7, 2019 Resolution accepting the work for the Happy Hollow Park Restroom and Shelter Replacement Project 2018. Prepared By: Brett Zimmerman, Civil Engineer Reviewed By: Juli Seydell Johnson - Parks and Recreation Director Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: This project has been completed by Calacci Construction Company, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by HBK Engineering. The Engineers Report and Performance and Payment bonds are on file with the City Clerk. • Project Estimated Cost: $ 220,000.00 • Project Bid Received: $ 269,504.00 • Project Final Cost: $ 290,609.00 Background /Analysis: This project replaced an aging combination restroom, shelter and storage structure at Happy Hollow Park with a restroom and shelter. A neighborhood meeting was held on May 25, 2016 with approximately 25 residents attending. The design of the restroom and shelter includes increased physical accessibility, as well as architectural features and finish choices which fit the character of the historic neighborhood surrounding the park. Project change orders during construction included removal of a lead water service, addition of an earthen berm and swale, and revisions to exterior lighting, hardware and electrical components. ATTACHMENTS: Description Engineer's Report Resolution e r :gym p- cccccrz wW'0°® CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org ENGINEER'S REPORT April 26, 2019 City Clerk Iowa City, Iowa Re: Happy Hollow Park Restroom and Shelter Replacement Project 2018 Dear City Clerk: I hereby certify that Happy Hollow Park Restroom and Shelter Replacement Project 2018 has been completed by Calacci Construction Company, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications completed by the HBK Engineering. The project was bid as a unit price contract and the final contract price is $290,609.00. There was a total of six (6) change or extra work orders for the project: 1. Lead service removal. $ 2,816.10 2. Road reconstruction for water service $ 7,806.83 3. Revisions to exterior lights $ 566.00 4. Addition of earthen berm and swale $ 8,942.26 5. Door hardware and electrical $ 1,310.10 6. Deduct for installation for heater $ (337.00) Total $21,105.00 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel City Engineer 74 ,a Prepared by: Brett Zimmerman,Public Works,410 E.Washington St.,Iowa City,IA 52240(319)356-5044 Resolution No. 19-112 Resolution accepting the work for the Happy Hollow Park Restroom and Shelter Replacement Project 2018. WHEREAS, the Engineering Division has recommended that the work for construction of the Happy Hollow Park Restroom and Shelter Replacement Project 2018, as included in a contract between the City of Iowa City and Calacci Construction Company, Inc. of Iowa City, Iowa, dated February 20, 2019, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in account# R4192; and Whereas, the final contract price is $290,609.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 7th day of May / , 2019 4 . i Ma or Ap.roved by Attest: Ap.. /3 "/ �L/ /" � y"30 _11 i Clerk City Attorney's Office It was moved by Salih and seconded by Cole the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton Item Number: 7.e. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT May 7, 2019 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 Biennial Bridge Inspection and Master Plan 2019 Project. Prepared By: Brett Zimmerman, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $98,506 for engineering services will be funded through account #S3910 Recommendations: Staff: Approval Commission: N/A Attachments: Bridge Location Map Resolution Agreement Executive Summary: This agenda item approves the consultant agreement with I I W P.C. of Dubuque, Iowa, for the services related to the Biennial Bridge Inspection and Master Plan 2019 Project. This project generally includes the following: 1. Bridge Inspections & Sl IMS Updates Perform field inspections for all vehicular and pedestrian bridges in accordance with the National Bridge Inspection Standards. Prepare and upload inspection reports to the Structure I nventory and I nspection Management System (S I I MS). 2. City Master Bridge Plan Prepare a 6 -year Repair and Maintenance Master Plan. The Master Plan is to include recommended contractor efforts and potential City -coordinated (in-house) efforts. In conjunction with these efforts, the Master Plan will include a complete annual breakdown of the scope of work, corresponding budgets, and probable costs. 3. Load Ratings - Oversized Load Requests Review Oversized Load Requests, as processed by the City, through the year 2021. Each review shall include an issuance of a formal, certified summary document of the recommendations. 4. Load Ratings - Group 2 Special Haul Vehicles (SHV's) Provide updated certified Load Rating Reports and calculations in accordance with I .D.O.T. standards for all bridges identified as Group 2 bridges. 5. Inspection of the Iowa Avenue Pedestrian Bridge over Riverside Drive Perform in-depth inspection of the Iowa Avenue Pedestrian Bridge over Riverside Drive and provide a formal summary of the current conditions, recommended repairs, and estimated cost of repairs. Background /Analysis: The City of Iowa City currently has 56 vehicular bridges and 50 pedestrian bridges located within the City limits. To protect the health and safety of the community, the City administers an inspection program for all vehicular and pedestrian bridges. As per the National Bridge Inspection Standards (NB IS), the City is required to perform periodic inspections for vehicular bridges that are greater than 20 feet in span length on a biennial basis. Currently, the City has 46 bridges that have spans greater than 20 feet. In addition to the City's inspection program, the City desires to initiate a bridge maintenance master plan to identify future maintenance and improvement needs and retain a qualified consultant to provide load analyses for requested oversized loads over City -owned bridges. Staff has negotiated a not -to -exceed fee of $98,506. ATTACHMENTS: Description Bridge (Location Map Resolution Agreement S:\ENG\CAD\BRIDGES\Bridge Locatn and Inspectn\Bridge Inspection Map-2015.dwg, 5/1/2019 11:17:06 AM, Bluebeam PDF S CITY OF IOWA CITY CORPORATE LIMITS 1 PLEASANT C` T cc SLOTHOWER ROAD LANDON AVE AVA OR 0 T -� °o O ITl �0 dWDE 00o L° O��O`I'q � Cq p P TON CR � > W T Z N T LAkE "�O N j N GAO u, o SHORE DR o-D� m J `\ r CO O p�O CL B ��Fp n. 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O x 3 N ' %�! n c ` 0 y nv \ I o 2cF!� rte., = 0 --1,, THUNDER GULCH D ® 0 A oy RSULL LN r = z iI� ai rzzz z m< n c �r v o c r O Y <, ��A ���D � z � CO c z W n m z Rin'�TON n z m La TAFT = o I o 1 I TAFT AVE ' TAFT AVE I ' TAFT AVE �m vm vim., 0 CITY OF IOWA CITY CORPORATE LIMITS A Z m A CD -J S O Z m A O O ➢ O Z Z O r e- Prepared by: Brett Zimmerman,Public Works,410 E.Washington St., Iowa City,IA 52240;(319)356-5044 Resolution No. 19-113 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 Biennial Bridge Inspection and Master Plan 2019 Project. Whereas, the City of Iowa City desires to conduct an inspection of all bridges within City limits and prepare a 6-year master plan for the maintenance of City owned bridges; and Whereas, the agreement provides for bridge inspections & SIIMS updates, preparation of a City Master Bridge Plan, review of Oversized Load Requests, load ratings for Group 2 Special Haul Vehicles (SHV's), inspection of the Iowa Avenue Pedestrian Bridge over Riverside Drive.; and Whereas, the City of Iowa City desires the services of a consulting firm to conduct the inspections, review oversized load requests, and prepare the preliminary and final master plan for the Biennial Bridge Inspection and Master Plan 2019 Project; and Whereas; the City has issued a Request for Proposals for consultant services for the Biennial Bridge Inspection and Master Plan 2019 Project; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with IIW, P.C., 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 Annual Bridge Maintenance and Repair account#S3910. 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 7th day of May , 2019 i -7,, ,,,c,....„,. M or Approved by Attest: r) Ili ' I�l�t Cit Clerk E City Attorney's Office � � Resolution No. 19-113 Page 2 It was moved by Salih and seconded by Cole the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Cole X Mims X Salih X Taylor X Teague X Thomas X Throgmorton Consultant Agreement This Agreement, made and entered into this 7th day of May 2019 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and IIW, P.C., of Dubuque, Iowa, hereinafter referred to as the Consultant. Whereas, the City is required by Federal law to make maintenance inspections of all bridges located within City limits; and Whereas, the City of Iowa City desires to hire a qualified engineering firm to perform field inspections and prepare required documentation for all vehicular bridges in accordance with the National Bridge Inspection Standards (NBIS) guidelines; and Whereas, the City also desires to retain the services of a qualified consultant to prepare a City Bridge Master Plan based on the conditions assessment performed in accordance with the NBIS guidelines; and Whereas, the City also desires to retain the services of a qualified consultant to review oversized load requests for City owned bridges; and Whereas, the City issued an RFP for these services and a total of five submittals were received; and Whereas, the City's selection committee selected 1IW of Dubuque, Iowa, to perform these services based on experience and qualifications; 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. I. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. The following list of services will be provided by or under the direct personal supervision of a FHWA certified Program Manager. Consultant services incorporate the following elements, based upon NBIS, Federal Highway Administration (FHWA), and Iowa DOT criteria for bridge inspections: • 1. Bridge Inspections &SIIMS Updates: a. Perform field inspections for all vehicular bridges and pedestrian bridges. Bridge inspections shall meet the National Bridge Inspection Standards. i. Total number of FHWA bridges =46 (as defined by the NBIS). ii. Total number of bridges less than 20 feet= 10. iii. Total number of pedestrian bridges = 51. iv. Total number of underwater bridge inspections = 5 (as defined by the NBIS). b. Per the NBIS, prepare Structure Inventory and Appraisal (SI&A) forms for each FHWA bridge. c. Provide an updated list of fracture critical and special bridges as per Iowa DOT - 2 - requirements identified in the Bridge Inspection Manual. d. Provide a summary of all bridges inspected, noting required maintenance items, any posting changes, sign deficiencies and recommended repairs. e. Deliverables: SI&A forms, field inspection worksheets, bridge data and summary report, in both electronic and paper copy format. f. Update electronic SI&A forms in Iowa DOT SIIMS database (Bridges 20ft or greater) g. Provide a minimum of three site photos for each bridge plus any additional photos required by the NBIS to document any areas that are deficient as determined by the engineer. 2. City Master Bridge Plan a. The consultant shall prepare a 6-year Repair and Maintenance Master Plan. The Master Plan is to include recommended contractor efforts and potential City- Coordinated (in-house) efforts. In conjunction with these efforts, the Master Plan will include a complete annual breakdown of the scope of work, corresponding budgets, and probable costs. The following shall reflect the Master Plan format: i. Executive summary ii. Introduction • Structure Specific Items o Structural Description o Review and Findings o Discussion and Recommendations o 6-Year Repair and Maintenance Master Plan 3. Load Ratings - Oversized Load Requests a. The Consultant shall review Oversized Load Requests, as processed by the City, through the year 2021. Each review shall include an issuance of a formal, certified summary document of the recommendations by the Consultant's processing engineer. The document will include the method of analysis, findings, and formal recommendation for the oversized load request. 4. Load Ratings - Group 2 Special Haul Vehicles (SHV's) a. Updated certified Load Rating Reports and calculations, where necessary, shall be prepared and uploaded into the SIIMS database in accordance with Iowa DOT I.M. 7.020 for the following structures, as identified by the City: i. Bridge No. 40 - College St. FHWA No. 500800 ii. Bridge No. 41 -Washington St. FHWA No. 500810 iii. Bridge No. 48 - Jefferson St. FHWA No. 006320 iv. Bridge No. 51 - Center Ave. FHWA No. 006300 v. Bridge No. 59 - 3rd Ave. FHWA No. 006530 b. Load rating calculations shall be prepared for the privately owned, timber pedestrian bridge located near 1136 E Washington St. This rating will also include a determination of structural capacity related to emergency vehicles. 5. Inspection of the Iowa Avenue Pedestrian Bridge over Riverside Drive a. Perform in-depth inspection of the Iowa Avenue Pedestrian Bridge over Riverside Drive. b. Provide formal summary of the current conditions, recommended repairs, and estimated cost of repairs. II. Time of Completion Biennial Bridge Inspection and Master Plan Project -3- The Consultant shall complete the following phases of the Project in accordance with the schedule shown. 1. Bridge Inspections &SIIMS Updates: a. Field Inspections to be completed on, or before, June 30, 2019. City shall be immediately notified of any "Critical Findings" upon discovery. Final inspection reports to be delivered with the"City Master Bridge Plan". 2. City Master Bridge Plan a. Final City Master Plan Report to be delivered on, or before, July 30, 2019. 3. Load Ratings -Oversized Load Requests a. Individual Oversized Load Requests shall be completed within 3 working days of receipt of request. The contractual period for these services shall be between May 1, 2019 and May 1, 2021. 4. Load Ratings -Group 2 Special Haul Vehicles (SHV's) a. The overall bridge load rating audit shall be completed by June 1, 2019. b. Load Ratings for all Group 2 SI-IV's shall be completed on, or before, June 30, 2019. 5. Inspection of the Iowa Avenue Pedestrian Bridge over Riverside Drive a. Final report to be delivered on, or before, July 30, 2019 Ill. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. Biennial Bridge Inspection and Master Plan Project -4- 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. 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 services will be performed for a total not-to-exceed fee of$98,506.00 in accordance with the following: 1. Bridge Inspections &SIIMS Updates: Biennial Bridge Inspection and Master Plan Project -5- a. Services shall be completed for a fixed unit fee of$390 per FHWA Bridge for an estimated 46 bridges,for an estimated total not-to-exceed fee of$17,940. b. Services shall be completed for a fixed unit fee of$376 per Vehicular Bridge less than 20 feet for an estimated 10 bridges, for an estimated total not-to-exceed fee of$3,760. c. Services shall be completed for a fixed unit fee of$226 per Pedestrian Bridge for an estimated 51 bridges,for an estimated total not-to-exceed fee of$11,526. d. Services shall be completed for a fixed unit fee of$2,700 per Underwater Bridge Inspection for an estimated 5 bridges,for an estimated total not-to-exceed fee of $13,500 2. City Master Bridge Plan a. The scope of services will be provided on an hourly basis not-to-exceed fee of $18,000, plus reimbursable expenses in accordance with the hourly rate attached and incorporated herein by this reference. 3. Load Ratings -Oversized Load Requests a. The scope of services will be provided on an hourly basis not-to-exceed fee of $20,000, plus reimbursable expenses in accordance with the hourly rate attached and incorporated herein by this reference. 4. Load Ratings -Group 2 Special Haul Vehicles (SHV's) a. Services shall be completed for a lump sum fee of$12,000. 5. Inspection of the Iowa Avenue Pedestrian Bridge over Riverside Drive a. Services shall be completed for a lump sum fee of$1,780. 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. Biennial Bridge Inspection and Master Plan Project -6- For the City For the Co ultant By: 7471By: TVA Title: Mayor Title: yr S t7ki --E--r t2- cc Date: itY?al 7, 2--0/q, Date: 4.1“ 2 2r't 9 Attest J Approved by: , tU ALUALterrat 4ith4s- City Attorney's Office 5(V( 1 Date • Biennial Bridge Inspection and Master Plan Project IIW, P.C. www.iiwengr.com Schedule of Professional Fee Rates January 2019 through December 2019 Staff Type Hourly Rate Professional Engineer V $206.00 Professional Engineer IV $177.00 Professional Engineer III $159.00 Professional Engineer II $151.00 Professional Engineer I $141.00 Licensed Architect V $192.00 Licensed Architect IV $171.00 Licensed Architect III $148.00 Licensed Architect II $133.00 Licensed Architect I $119.00 Designer I $83.00 Professional Land Surveyor II $160.00 Professional Land Surveyor I $125.00 Design Engineer V $156.00 Design Engineer IV $139.00 Design Engineer III $126.00 Design Engineer II $117.00 Design Engineer I $106.00 Construction Specialist $139.00 Survey Specialist $126.00 Technical Specialist $113.00 Technician IV $108.00 Technician III $95.00 Technician II $83.00 Technician I $68.00 Engineering Aide III $95.00 Engineering Aide II $85.00 Engineering Aide I $77.00 Technical Advisor $206.00 These hourly rates include miscellaneous expenses such as printing, telephone,postage,mileage, computer expenses, and supplies. These costs will not be invoiced as reimbursable expenses without prior authorization. 4155 Pennsylvania Avenue, Dubuque, IA 52002-2628 • [P]563.556.24641800.556.4491 • [F]563.556.7811 • • ENGINEERS. ARCHITECTS. SURVEYORS. ii 'A' Item Number: 7.f. I �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT May 7, 2019 Resolution authorizing acceptance of STBG Funds from the Iowa Department of Transportation and authorizing the City Manager to sign the Project Agreement for the Burlington and Madison Intersection Improvements Project. Prepared By: Jason Reichart, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Funding Agreement Resolution Executive Summary: In 2017, the City hired Anderson -Bogert to revisit the Burlington Street Median Project, evaluate the existing plans to determine what revisions may be needed, and complete the design of the Burlington and Madison Intersection Improvements Project. The current project includes widening of Burlington Street, from Madison Street to Front Street, to include continuous buffered bike lanes from Madison Street to Riverside Drive. Additionally, the project includes traffic signal and pedestrian signal improvements, ADA sidewalk improvements, and public utility improvements at the Burlington Street and Madison Street intersection. Restriping of Madison Street to include a 4 -lane to 3 -lane conversion, from Market Street to Court Street, and the addition of continuous bike lanes on Madison Street, from Market Street to Prentiss Street, are also included as a part of the project. The Burlington and Madison Intersection Improvements Project is currently programmed in the FY2019 TIP and will be bid late 2019 with construction to follow in 2020. This agreement is for the acceptance of the previously awarded STBG funding to be used as a part of this project. Background /Analysis: In 2010, Anderson -Bogert completed design of the Burlington Street Median Project. This project included the construction of a median on Burlington Street from the Iowa River to Capitol Street, traffic signal improvements, new water main at the Madison Street intersection, street lighting improvements and landscaping. The MPOJC awarded $1,011,360 in STBG funding for the Highway 1 — Capitol Street to Riverside Drive Project (Burlington Street Median Project) in May 2013. This was first included in the FY2014-2017 TIP and programmed in FY2016. However, the project was put on hold due to uncertainty regarding development in the area and other factors. ATTACHMENTS: Description Funding Agreement Resolution October 2018 IOWA DEPARTMENT OF TRANSPORTATION Federal -aid Agreement for a Surface Transportation Program Project Recipient: Iowa City Project No.: NHSX-001-5(120)--3H-52 Iowa DOT Agreement No.: 6-19-STBGU-011 CFDA No. and Title: 20.205 Highway Planning and Construction This is an agreement between the Iowa City, Iowa (hereinafter referred to as the Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44 provide for the Recipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. Federal regulations require Federal funds to be administered by the Department. The Recipient has received Federal funding through the Surface Transportation Block Grant Program (STP). STP funds are available for construction, reconstruction, rehabilitation, resurfacing, restoration and operational or safety improvement projects on Federal -aid highways, bridges on any public road, and several other types of projects, as specified in 23 U.S.C. 133(b). Federal -aid highways include all Federal Functional Classifications, except for rural minor collectors or local roads. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide STP funding to the Recipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person will be the Local Systems Project Development Engineer, Christy VanBuskirk, and the Eastern Region Local Systems Field Engineer, Kent L. Ellis. The Recipient's contact person shall be the City Engineer. 3. The Recipient shall be responsible for the development and completion of the following described STP project: PCC Pavement with HMA Resurfacing in Iowa City on Highway 1 from Capitol Street to Riverside Drive 4. Eligible project activities will be limited to the following: construction, engineering, inspection, and right-of- way acquisition. Under certain circumstances, eligible activities may also include utility relocation or railroad work that is required for construction of the project. 5. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from STP funds. The portion of the project costs reimbursed by STP funds shall be limited to a maximum of either 80 percent of eligible costs or the amount stipulated in the Johnson County Council of Governments current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. 6. The Recipient shall pay for all project costs not reimbursed with STP funds. 7. If the project described in Section 3 drops out of the Johnson County Council of Governments current TIP or the approved current STIP prior to obligation of Federal funds, and the Recipient fails to reprogram the project in the appropriate TIP and STIP within 3 years, this agreement shall become null and void. 8. The Recipient shall let the project for bids through the Department. EXHIBIT 1 Page 2 9. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 10. It is the intent of both parties that no third party beneficiaries be created by this agreement. 11. This agreement and the attached Exhibit 1 constitute the entire agreement between the Department and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the Department and the Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. By. Title of city official City Signature Block Date 120 I, , certify that I am the City Clerk of Iowa City, and that , who signed said Agreement for and on behalf of the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the day of 120 Signed Date City Clerk of Iowa City, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Division By. Kent L. Ellis, P.E. Local Systems Field Engineer Eastern Region Date 20 20 EXHIBIT 1 Page 3 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non -primary Projects Unless otherwise specified in this agreement, the Recipient shall be responsible for the following: 1. General Requirements. a. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the Recipient, the Department has provided guidance in the Federal -aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are referenced by the Guide. Both are available on-line at: https://www.iowadot.gov/local_systems/ publications/im/lpa_ims.htm. The Recipient shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the Recipient shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the Recipient 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. The Recipient agrees to comply with the requirements outlined in I.M. 1.070, Title VI and Nondiscrimination Requirements. c. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When pedestrian facilities are constructed, reconstructed, or altered, the Recipient shall make such facilities compliant with the ADA and Section 504. d. To the extent allowable by law, the Recipient agrees to indemnify, defend, and hold the Department 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 Department's application review and approval process, plan and construction reviews, and funding participation. e. As required by the 2 CFR 200.501 "Audit Requirements," a non -Federal entity expending $750,000 or more in Federal awards in a year shall have a single or program -specific audit conducted for that year in accordance with the provision of that part. Auditee responsibilities are addressed in Subpart F of 2 CFR 200. The Federal funds provided by this agreement shall be reported on the appropriate Schedule of Expenditures of Federal Awards (SEFA) using the Catalog of Federal Domestic Assistance (CFDA) number and title as shown on the first page of this agreement. If the Recipient will pay initial project costs and request reimbursement from the Department, the Recipient shall report this project on its SEFA. If the Department will pay initial project costs and then credit those accounts from which initial costs were paid, the Department will report this project on its SEFA. In this case, the Recipient shall not report this project on its SEFA. f. The Recipient shall supply the Department with all information required by the Federal Funding Accountability and Transparency Act of 2006 and 2 CFR Part 170. g. The Recipient shall comply with the following Disadvantaged Business Enterprise (DBE) requirements: i. The Recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. ii. The Recipient shall comply with the requirements of I.M. 5.010, DBE Guidelines. iii. The Department's DBE program, as required by 49 CFR Part 26 and as approved by the Federal Highway Administration (FHWA), is incorporated by reference in this agreement. Implementation of EXHIBIT 1 Page 4 this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). h. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the Department shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The Federal government, legislature or governor fail in the sole opinion of the Department to appropriate funds sufficient to allow the Department to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion; or 3) If the Department's authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The Department shall provide the Recipient with written notice of termination pursuant to this section. 2. Programming and Federal Authorization. a. The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Recipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized. b. Before beginning any work for which Federal funding reimbursement will be requested, the Recipient shall contact the Department to obtain the procedures necessary to secure FHWA authorization. The Recipient shall submit a written request for FHWA authorization to the Department. After reviewing the Recipient's request, the Department will forward the request to the FHWA for authorization and obligation of Federal funds. The Department will notify the Recipient when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with Federal funds. c. Upon receiving FHWA Authorization, the Recipient must show federal aid funding activity to receive the programmed amount authorized for the project. If there are no funding activity for nine or more months after the previous activity, the remaining unused programmed amount will be de -obligated from the project and there will be no further federal aid reimbursement issued for the project. If the recipient knows in advance that funding activity will not occur for the nine months, the Contract Administrator needs to be notified to determine if programming of fund can be adjusted or other options can be explored. 3. Federal Participation in Work Performed by Recipient Employees. a. If Federal reimbursement will be requested for engineering, construction inspection, right-of-way acquisition or other services provided by employees of the Recipient, the Recipient shall follow the procedures in I.M. 3.330, Federal -aid Participation in In -House Services. b. If Federal reimbursement will be requested for construction performed by employees of the Recipient, the Recipient shall follow the procedures in I.M. 6.010, Federal -aid Construction by Local Agency Forces. c. If the Recipient desires to claim indirect costs associated with work performed by its employees, the Recipient shall prepare and submit to the Department an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 200. Before incurring any indirect costs, such indirect cost rate proposal shall be certified by the FHWA or the Federal agency providing the largest amount of Federal funds to the Recipient. If approved, the approved indirect cost rate shall be incorporated by means of an amendment to this agreement. EXHIBIT 1 Page 5 4. Design and Consultant Services a. The Recipient shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E). The project shall be designed in accordance with the design guidelines provided or referenced by the Department in the Guide and applicable I.M.s. b. If the Recipient requests Federal funds for consultant services, the Recipient and the Consultant shall prepare a contract for consultant services in accordance with 23 CFR Part 172. These regulations require a qualifications -based selection process. The Recipient shall follow the procedures for selecting and using consultants outlined in I.M. 3.310, Federal -aid Participation in Consultant Costs. c. If Preliminary Engineering (PE) work is Federally funded, and if right-of-way acquisition or actual construction of the road is not started by the close of the tenth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient shall repay to the Department the amount of Federal funds reimbursed to the Recipient for such PE work. PE includes work that is part of the development of the PS&E for a construction project. This includes environmental studies and documents, preliminary design, and final design up through and including the preparation of bidding documents. PE does not include planning or other activities that are not intended to lead to a construction project. Examples include planning, conceptual, or feasibility studies. 5. Environmental Requirements and other Agreements or Permits. a. The Recipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location approval. The Recipient shall complete any mitigation agreed upon in the FHWA approval document. These procedures are set forth in I.M. 3.020, Concept Statement Instructions, 4.030, Environmental Data Sheet Instructions, 4.020, NEPA Class of Action, and 4.120, Cultural Resource Regulations. b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the Recipient shall follow the procedures in I.M. 4.170, Farmland Protection Policy Act. c. The Recipient shall obtain project permits and 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, the Department, or other agencies as required. The Recipient shall follow the procedures in I.M. 4.130, 404 Permit Process, 4.140, Storm Water Permits, 4.190, Highway Improvements in the Vicinity of Airports or Heliports, and 4.160, Asbestos Inspection, Removal, and Notification Requirements. d. In all contracts entered into by the Recipient, and all subcontracts, in connection with this project that exceed $100,000, the Recipient shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the Recipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. 6. Right -of -Way, Railroads and Utilities. a. The Recipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.600, Right -of -Way Acquisition, and the Department's Office of Right of Way Local Public Agency Manual. The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures, even if no Federal funds are used for right-of-way activities. The Recipient shall obtain environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the Recipient requests Federal funding for right-of-way acquisition, the Recipient shall also obtain FHWA authorization before purchasing any needed right-of- way. b. If the project right-of-way is Federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient shall repay the amount of Federal funds reimbursed for right-of-way costs to the Department. EXHIBIT 1 Page 6 c. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Recipient shall obtain agreements, easements, or permits as needed from the railroad. The Recipient shall follow the procedures in I.M. 3.670, Work on Railroad Right -of -Way, and I.M. 3.680, Federal -aid Projects Involving Railroads. d. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highway Right of Way for projects on non -primary Federal -aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the Recipient shall follow the Department's Policy for Accommodating Utilities on Primary Road System. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project may be eligible for Federal funding reimbursement. The Recipient should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. e. If the Recipient desires Federal reimbursement for utility costs, it shall submit a request for FHWA Authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal -aid Participation in Utility Relocations. 7. Contract Procurement. The following provisions apply only to projects involving physical construction or improvements to transportation facilities: a. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer or architect, as applicable, licensed in the State of Iowa. b. For projects let through the Department, the Recipient shall be responsible for the following: Prepare and submit the PS&E and other contract documents to the Department for review and approval in accordance with I.M. 3.700, Check and Final Plans and I.M. 3.500, Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Recipient for individual construction items shall be approved by the Department. iii. Follow the procedures in I.M. 5.030, Iowa DOT Letting Process, to analyze the bids received, make a decision to either award a contract to the lowest responsive bidder or reject all bids, and if a contract is awarded, execute the contract documents and return to Department. c. For projects that are let locally by the Recipient, the Recipient shall follow the procedures in I.M. 5.120, Local Letting Process- Federal -aid. d. The Recipient shall forward a completed Project Development Certification (Form 730002) to the Department in accordance with I.M. 5.050, Project Development Certification Instructions. The project shall not receive FHWA Authorization for construction or be advertised for bids until after the Department has reviewed and approved the Project Development Certification. e. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa Code section 26.12. f. The Recipient shall not provide the contractor with notice to proceed until after receiving written notice the Iowa DOT has concurred in the contract award. 8. Construction. a. A full-time employee of the Recipient shall serve as the person in responsible charge of the project. For cities that do not have any full time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the Department. EXHIBIT 1 Page 7 b. 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" per 761 IAC 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. c. For projects let through the Department, the project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction and the Recipient shall comply with the procedures and responsibilities for materials testing according to the Department's Materials I.M.s. Available on-line at: http://www.iowadot.gov/erl/current/IM/navigation/nay.htm. d. For projects let locally, the Recipient shall provide materials testing and certifications as required by the approved specifications. e. If the Department provides any materials testing services to the Recipient, the Department will bill the Recipient for such testing services according to its normal policy as per Materials I.M. 103. f. The Recipient shall follow the procedures in I.M. 6.000, Construction Inspection, and the Department's Construction Manual, as applicable, for conducting construction inspection activities. 9. Reimbursements. a. After costs have been incurred, the Recipient shall submit to the Department periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least annually but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the Department by August 1 if possible, but no later than August 15. c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the Recipient, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. The Department will reimburse the Recipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the Federal share of construction costs or 5% of the total Federal funds available for the project, whichever is less. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete and after the Recipient has provided all required paperwork, the Department will release the Federal funds withheld. e. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total funds collected shall include any Federal or State funds received, any special assessments made by the Recipient (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of-way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Recipient do exceed the total project costs, the Recipient shall either: 1) in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or 2) refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate State fund account in the amount of refunds received from the Recipient. EXHIBIT 1 Page 8 10. Project Close-out. a. Within 30 days of completion of construction or other activities authorized by this agreement, the Recipient shall provide written notification to the Department. The Recipient shall follow and request a final audit, in accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal -aid, Federal -aid Swap, and Farm -to -Market Projects. Failure to comply with the procedures will result in loss of federal fund, reimbursed funds shall be returned and a possible suspension may be placed on the Recipient from receiving federal fund on future projects until the Recipient has demonstrated responsible management of federal funds on roadway projects. b. For construction projects, the Recipient shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of Federal funds shall be made only after the Department accepts the project as complete. d. The Recipient shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The Recipient shall also make these materials available at all reasonable times for inspection by the Department, FHWA, or any authorized representatives of the Federal Government. Copies of these materials shall be furnished by the Recipient if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final closure document. Upon receipt of FHWA approval of the final closure document, the Department will notify the Recipient of the record retention date. e. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department and the FHWA. Prepared by:Jason Reichart,City Engineer,410 E.Washington St., Iowa City, IA 52240(319)356-5416 Resolution No. 19-114 Resolution authorizing acceptance of STBG Funds from the Iowa Department of Transportation and authorizing the City Manager to sign the Project Agreement for the Burlington and Madison Intersection Improvements Project. Whereas, the Iowa Department of Transportation uses Surface Transportation Block Grant (STBG) funds for construction, reconstruction, rehabilitation, resurfacing, restoration and operational or safety improvement projects on public roads; and Whereas, the MPOJC awarded $1,011,360 in STBG funding for the Highway 1 - Capitol Street to Riverside Drive Project (Burlington Street Median Project) in May 2013; and Whereas, this project was first included in the FY2014-2017 TIP and programmed in FY2016, but was put on hold due to uncertainty regarding development in the area and other factors; and Whereas, the City hired Anderson-Bogert in October 2017 to revisit the Burlington Street Median Project, evaluate the existing plans to determine what revisions may be needed, and complete the design of the Burlington and Madison Intersection Improvements Project; and Whereas, this project is currently programmed in the FY2019 TIP and will be bid late 2019 with construction to follow in 2020; and Whereas, projects utilizing STBG funds are eligible for 80% reimbursement of all authorized and approved eligible Project activities; and Whereas, the City of Iowa City wishes to accept funding for the Burlington and Madison Intersection Improvements Project. Now, therefore, be it resolved by the Council of The City of Iowa City, Iowa, that: 1. City Manager is authorized to sign and the City Clerk to attest the Iowa Department of Transportation Federal-aid Agreement for surface Transportation Program Project No. NHSX-001-5(120)--3H3-52 in a form approved by the City Attorney. Passed and approved this 7th day of May , 2019 M or Ap oved b Attest: cel i Clerk City Attorney's Office Resolution No. t 9-1 14 Page 2 It was moved by Salih and seconded by Cole the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Cole x Mims X' Salih x Taylor x Teague x Thomas x Throgmorton Item Number: 8.a. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT May 7, 2019 Resolution setting public hearing on amending the FY2019 Operating Budget. Prepared By: Jacklyn Fleagle, Budget & Compliance Officer Reviewed By: Dennis Bockenstedt, Finance Director Ashley Monroe, Assistant City Manager Fiscal Impact: FY2019 budget revisions funded through new revenues or available fund balance Recommendations: Staff: Approval Commission: N/A Attachments: FY2019 Notice of Public Hearing and related schedules Resolution Executive Summary: The Finance Department requests the City Council set a public hearing for consideration of amending the fiscal year 2019 annual budget on May 21, 2019. This is the third budget amendment for fiscal year 2019. Background /Analysis: Budget amendments are submitted to the Finance Department and reviewed for approval by the Finance Director and City Manager. A formal recommendation for a budget amendment is then prepared for City Council approval. The State of Iowa allows cities to amend the annual operating budget for supplemental appropriation authority. These changes may include new or revised revenue and expenditure projections, transfers between funds, and capital improvement plan changes. Increased expenditures must utilize available fund balance or additional revenue sources, as the State does not allow amendments to increase property taxes. According to the City's financial policies, amendments to operating budgets will be made only in the following situations: • emergency situations • transfer from contingency • expenditures with offsetting revenues or fund balance • carry-over of prior year budget authority for expenses that had not been paid as of the end of the fiscal year. This proposed budget amendment increases overall revenues and transfers -in by $973,670, as shown on Line 15 of the attached notice (see Revenues & Other Financing Sources, lines 1-15). The majority of the revenues being amended are for Transfers In (line 14) with an additional $601,670 for a Landfill Assurance transfer. Use of Money and Property (line 8) is being amended by $302,000 for an increase in received interest income. Charges for Services (line 10) are being amended by $70,000 for increased revenue for Patrol Contracted Services. The section entitled Expenditures & Other Financial Uses (lines 16-28) provides for an increase in appropriations of $1,005,170. The majority of the increase in appropriations is related to Transfers Out (line 27) for $601,670. Business Type/Enterprise expenditures (line 25) have been added for elevator repairs and total $250,000. The next largest increase in appropriations is for the Public Safety program (line 16) and totals $135,000. The increase in this program primarily reflects the increase of overtime expenditures for Police and Fire. The Police expenditures will be offset by an increase in revenues received for contracted services. The third largest program amendment is for Public Works (line 17). This program is being increased by $93,500 and is primarily made up of an increase for overtime and salt expenditures due to the large amount of snow and ice events this past winter. The General Government program (line 21) has been decreased to offset some of the General Fund expenditures with a Contingency adjustment. The net budgeted result to fund balances is a decrease of $31,500 (line 29). The Notice of Public Hearing for the third budget amendment of fiscal year 2019 is attached to this memo along with a detailed list of the individual amendments. ATTACHMENTS: Description FY19 Budget Amendment #3 Amendments Resolution Jun -18 NOTICE OF PUBLIC HEARING Form 653.C1 AMENDMENT OF FY2018-2019 CITY BUDGET The City Council of Iowa City in JOHNSON County, Iowa will meet at 410 E Washington St, City Hall at 7:00pm on 5/21/2019 (hour) /Date/ ,for the purpose of amending the current budget of the city for the fiscal year ending June 30, 2019 /year) by changing estimates of revenue and expenditure appropriations in the following functions for the reasons given. Additional detail is available at the city clerk's office showing revenues and expenditures by fund type and by activity. Revenues & Other Financing Sources Taxes Levied on Property 1 Total Budget as certified or last amended 59,173,825 Current Amendment Total Budget after Current Amendment 59,173,825 Less: Uncollected Property Taxes -Levy Year 2 0 0 Net Current Property Taxes 3 59,173,825 0 59,173,825 Delinquent Property Taxes 4 0 0 TIF Revenues 5 2,621,772 2,621,772 Other City Taxes 6 2,932,681 2,932,681 Licenses & Permits 7 2,040,630 2,040,630 Use of Money and Property 8 2,439,672 302,000 2,741,672 Intergovernmental 9 42,111,631 42,111,631 Charges for Services 10 47,849,512 70,000 47,919,512 Special Assessments 11 1,090 1,090 Miscellaneous 12 4,266,994 4,266,994 Other Financing Sources 13 17,869,518 17,869,518 Transfers In 14 49,473,358 601,670 50,075,028 Total Revenues and Other Sources Expenditures & Other Financing Uses Public Safety 15 IN= 16 230,780,683 25,925,504 973,670 IN= 135,000 231,754,353 ON= 26,060,504 Public works 17 10,084,374 93,500 10,177,874 Health and Social Services 18 310,000 310,000 Culture and Recreation 19 15,044,074 15,044,074 Community and Economic Development 20 11,422,062 11,422,062 General Government 21 10,090,228 -75,000 10,015,228 Debt Service 22 13,806,387 13,806,387 Capital Projects 23 81,247,520 81,247,520 Total Government Activities Expenditures 24 167,930,149 153,500 168,083,649 Business Type / Enterprises 25 72,811,606 250,000 73,061,606 Total Gov Activities & Business Expenditures 26 240,741,755 403,500 241,145,255 Transfers Out 27 49,473,358 601,670 50,075,028 Total Expenditures/TransfersOut Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year Beginning Fund Balance July 1 28 29 30 290,215,113 -59,434,430 193,419,135 1,005,170 -31,500 291,220,283 -59,465,930 193,419,135 Ending Fund Balance June 30 31 133,984,705 -31,500 133,953,205 Explanation of increases or decreases in revenue estimates, appropriations, or available cash Amendments include revenue for increased interest income above the original budget amount, and the increased patrol contracted services. Amendments also include adjustments for Fire and Police overtime, as well as increased expenditures due to the heavy snow year the City had. Corresponding adjustments were made to the Contingency for adjustments to the General Fund. Final adjustments were also included for unanticipated elevator repairs within parking ramps. Additional detail is on file and available from the Iowa City Finance Department. There will be no increase in tax levies to be paid in the current fiscal year named above related to the proposed budget amendment. Any increase in expenditures set out above will be met from the increased non -property tax revenues and cash balances not budgeted or considered in this current budget. Kellie Fruehling, City Clerk City Clerk/ Finance Officer Name 10310100 381100 Interest Income (260,000) 10310710 479999 GF Contingency (95,000) 10210300 454020 Neogov new contract 20,000 10410330 342100 Patrol Contracted Services (70,000) 10410330 414100 Patrol Contracted Services 60,000 10450200 414100 Fire Overtime 75,000 22710335 463110 Salt 45,000 22710335 414100 Snow & Ice OT 48,500 71810110 381100 Interest Income (42,000) 71810143 472010 Elevator Repairs 200,000 71810142 472010 Elevator Repairs 50,000 75750230 393910 Landfill Assurance Transfer (601,670) 75750910 490160 Landfill Assurance Transfer 601,670 83310581 476050 IT Storage 159,819 x Use of Money & Property $ (302,000) 8 Intergovernmental $ - 9 Charges for Services $ (70,000) 10 Miscellaneous $ - 12 Other Financing Sources $ - 13 Transfers In $ (601,670) 14 Public Safety $ 135,000 16 Public Works $ 93,500 17 Health & Social Services $ - 18 Culture & Recreation $ - 19 Community & Economic Devel $ - 20 General Government $ (75,000) 21 Debt Service $ - 22 Capital Projects $ - 23 Business-Type/Enterprise $ 250,000 25 Transfers Out $ 601,670 27 Internal Service (not budgeted $ 159,819 X $ 191,319 Internal Service (not budgeted $ (159,819) Excess Revenues & Other Financing Sources under Expenditures/Transfers Out $ 31,500 29 8 21 21 10 16 16 17 17 8 25 25 14 27 Prepared by: Dennis Bockenstedt, Finance Director,410 E.Washington St., Iowa City, IA 52240(319)356-5053 6°- Resolution No. 19-115 Resolution setting public hearing on amending the FY2019 Operating Budget. Be it resolved by the City Council of Iowa City, Iowa, that a public hearing will be held in Harvat Hall, City Hall, 410 East Washington Street, at 7:00 p.m., May 21, 2019, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit any citizen to be heard for or against the proposed amendment to the FY2019 Operating Budget. The City Clerk is hereby directed to give notice of said public hearing and time and place thereof by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 7th day of May , 20 19 71---t---) Ma or Approved by Attest / i, _ - _j c ity Clerk City Attorney's Office It was moved by Salih and seconded by Cole the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton Item Number: 15. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT May 7, 2019 Resolution directing sale of $12,535,000 (amount subject to change) General Obligation Bonds, Series 2019. Prepared By: Dennis Bockenstedt, Finance Director Reviewed By: Ashley Monroe, Assistant City Manager Fiscal Impact: Adopted as part of the FY2019 Revised Budget and the 2019-2023 Capital Improvement Program Recommendations: Staff: Approval 1 •iiii •l►Gl Attachments: Resolution Directing Sale of General Obligation Bonds, Series 2019 Executive Summary: The City will receive bids on May 7, 2019 for the Series 2019, Tax -Exempt General Obligation Bonds. The City Council will receive a summary of those bids that night and then consider approval of the lowest bid for each series. Background /Analysis: The City issues bonds every spring to fund the current year's capital improvement projects listed in the Five -Year Capital Improvement Program. The City Council adopted the 2019 capital improvement program on March 12, 2019. The 2019 projects funded from general obligation bonds total $12,362,000. With issuance costs and contingencies, the total funding requirements from the 2019 general obligation bonds is $12,535,000. This amount is subject to change depending on the bids received. Bids will be received by the City and Speer Financial at 11:00am on May 7, 2019. The results of the sale will be summarized, and the bidder of the lowest interest rate will be recommended to be awarded the sale. ATTACHMENTS: Description 2019 GO Bond resolution Ahlers & Cooney, P.C. AHLERS COONEY Attorneys at Law ATTORNEYS 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com April 22, 2019 Via E-mail Dennis Bockenstedt Finance Director 410 E. Washington Street Iowa City, Iowa 52240 R. Mark Cory 515.246.0378 rcory@ahlerslaw.com RE: City of Iowa City, State of Iowa - General Obligation Bonds, Series 2019 Dear Dennis: We have now prepared and are enclosing herewith procedure to cover action taken by the City Officials at 11:00 A.M. on May 7, 2019, to receive bids on the above-mentioned issue. Sealed bids, electronic bids and facsimile bids will be received by the Finance Director or designee and listed in the minutes. After a final call for sealed bids, the bids should then be opened and the best bid recorded. Sealed bids, electronic bids and facsimile bids are permitted by the Terms of Sale. No other bids should be considered. All bids should then be referred to the Council for award at their meeting at 7:00 P.M. that day. The procedure then continues with the consideration of the bids received earlier and the actual sale of the issues. Please print 2 copies of the attached Resolution, fully execute and return 1 copy to our office for our transcripts. If you have any questions pertaining to the procedure enclosed or the above-mentioned instructions, please don't hesitate to contact our office. RMC:cm Enclosures cc: Maggie Burger Charlotte Nielsen Jacklyn Fleagle Kellie Fruehling 01582015-1\10714-133 WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; GAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE. HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE. SMITH & ALLBEE, P.C. - 1990 -4 Ls-- NOTICE OF BOND SALE Time and Place of Sealed Bids. Bids for the sale of Bonds of the City of Iowa City, State of Iowa, hereafter described,must be received at the office of the Finance Director, City Hall,410 E. Washington, Iowa City, Iowa 52440(the"Issuer")before 11:00 o'clock A.M as indicated below on the 7th day of May, 2019. The bids will then be publicly opened and referred for action to the meeting of the City Council in conformity with the TERMS OF OFFERING. The Bonds: The Bonds to be offered are the following: GENERAL OBLIGATION BONDS, SERIES 2019, in the amount of$12,535,000*,to be dated June 4,2019, (the "Bonds"). *Subject to principal adjustment pursuant to official Terms of Offering. Manner of Bidding: Open bids will not be received. Bids will be received in any of the following methods: • Sealed Bidding: Sealed bids may be submitted and will be received at the office of the Finance Director at City Hall,410 E. Washington, Iowa City, Iowa 52440. • Electronic Internet Bidding: Electronic internet bids will be received at the office of the Finance Director at City Hall,410 E. Washington, Iowa City, Iowa 52440. The bids must be submitted through the SPEERAUCTION competitive bidding system. • Electronic Facsimile Bidding: Electronic facsimile bids will be received at the office of the Finance Director at City Hall (facsimile number: 319-341-4008) and/or the City's Municipal Advisor, Speer Financial, Inc. (facsimile number: 319-291-8628). Electronic facsimile bids will be treated as sealed bids. Consideration of Bids: After the time for receipt of bids has passed,the close of sealed bids will be announced. Sealed bids will then be publicly opened and announced. Finally, electronic internet bids will be accessed and announced. Sale and Award: The sale and award of the Bonds will be held at the Emma J. Harvat Hall, City Hall,410 E. Washington, Iowa City, Iowa at a meeting of the City Council on the above date at 7:00 P.M. Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form,which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the City Clerk, City Hall, 410 E. Washington, Iowa City, Iowa 52440 or the Issuer's Municipal Advisor, Speer Financial, 531 Commercial Street, Suite 608, Waterloo, Iowa, 50701; Telephone: 319-291-2077 and One North LaSalle Street, Suite 4100, Chicago, Illinois 60602; Telephone: 312-346-3700. Terms of Offering: All bids shall be in conformity with and the sale shall be in accordance with the Terms of Offering as set forth in the Official Statement. Legal Opinion: The Bonds will be sold subject to the opinion of Ahlers&Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed Bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the Bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the Bonds. Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Iowa City, State of Iowa. Kellie K. Fruehling City Clerk, City of Iowa City, State of Iowa i5 ITEMS TO INCLUDE ON AGENDA FOR MAY 7,2019 CITY OF IOWA CITY,IOWA $12,535,000 (Subject to Adjustment per Terms of Offering) General Obligation Bonds, Series 2019. • Receipt of bids. • Resolution directing sale. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. May 7, 2019 The Finance Director of the City of Iowa City, State of Iowa,met in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 11:00 o'clock A.M., on the above date, to open sealed bids received, access electronic bids and to refer the sale of the Bonds to the best and most favorable bidder for cash, subject to approval by the City Council at 7:00 o'clock P.M. on the above date. The following persons were present: Dennis Bockenstedt, Jacklyn Fleagle, Maggie Burger, John Murphey - 1 - This being the time and place for the opening of bids for the sale of$12,535,000 General Obligation Bonds, Series 2019, the meeting was opened for the receipt of bids for the Bonds. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name &Address of Bidders: 2. The Finance Director then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. -2 - 3. Electronic bids received were accessed and announced as follows: Name&Address of Bidders: (Attach List of Bidders) Robert W. Baird & Co., Inc., Milwaukee, Wisconsin Hutchinson, Shockey, Erley& Co., Chicago, Illinois 4. The best bid was determined to be as follows: Name &Address of Bidder: Robert W. Baird &Co., Inc., of Milwaukee, Wisconsin True Interest Rate(as-bid): 2.020453% Net Interest Cost(as-bid): $1,108,623.23 In consultation with the Municipal Advisor, the City considered the adjustment of the aggregate principal amount of the Bonds and each scheduled maturity thereof in accordance with the Terms of Offering and the following actions were taken: Final Par Amount as adjusted: $ 12,535,000.00 Purchase Price as adjusted: $_12,565,847.60 All bids were then referred to the Council for action - 3 - May 7, 2019 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 o'clock P.M., on the above date. There were present Mayor Throgmorton, in the chair, and the following named Council Members: Cole, Mims, Salih, Taylor, Teague, Thomas Absent: None Vacant: None -4 - Council Member Mims introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $ 12,535,000.00 GENERAL OBLIGATION BONDS, SERIES 2019," and moved its adoption. Council Member Teague seconded the motion to adopt. The roll was called and the vote was, AYES: Cole, Mims, Salih, Taylor Teague, Thomas, Throgmorton NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No 19-116 RESOLUTION DIRECTING SALE OF $_12,535,000.00 GENERAL OBLIGATION BONDS, SERIES 2019 WHEREAS,bids have been received for the Bonds described as follows and the best bid received (with permitted adjustments, if any) is determined to be the following: $ 12,535,000.00 GENERAL OBLIGATION BONDS, SERIES 2019 Bidder: Robert W. Baird & Co,Inc of Milwaukee, Wisconsin The terms of award: Final Par Amount as adjusted: $ 12,535,000.00 Purchase Price as adjusted: $ 12,565,847.60 True Interest Rate: 2.020453% Net Interest Cost: $1,108,623.23 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, the Bonds are hereby awarded as described above. - 5 - Section 2. That the statement of information for Bond bidders and the form of contract for the sale of the Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk and the Finance Director done in furtherance of the sale of the Bonds are hereby ratified and approved. PASSED AND APPROVED this 7th day of May, 2019. M or ATTEST: City Clerk k ,c - 6 - 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 7th day of May , 2019. • C ty ley f I a City, State of . a (SEAL) 01582010-1\10714-133 $12,535,000 • City of Iowa City,Johnson County,Iowa General Obligation Bonds,Series 2019 Best AON Bidder: Best AON TIC: Robert Baird 2.020453 % Serial/ Principal Sinker/ Due Amount • Term Coupon Jun 1,2020 $4,125,000 Serial 2.000% Jun 1,2021 $905,000 Serial 2.000% Jun 1,2022 $925,000 Serial 2.000% Jun 1,2023 $955,000 Serial 2.000% Jun 1,2024 $985,000 Serial 2.000% Jun 1,2025 $875,000 Serial 2.000% Jun 1,2026 $905,000 Serial 2.000% Jun 1,2027 $940,000 Serial 2.000% Jun 1,2028 $960,000 Serial 2.250% Jun 1,2029 $960,000 Serial 2.250% Purchase Price:$12,565,847.60 Spread:None Entered Time Submitted:May 7,2019 at 11:57:06 AM EDT SpeerAuction Interest Cost Calculations (for informational purposes only) Issue Size $12,535,000 Gross Interest $1,139,470.83 Plus Discount/(Less Premium) (30,847.60) Total Interest Cost $1,108,623.23 True Interest Rate 2.020453% Total Bond Years 54,695.54_ Average Life 4.363 Years Firm:Robert Baird 'Preliminary,subject to change The foregoing bid as submitted or as revised post sale,if appropriate,was accepted and the Securities sold by action of this Board,and receipt is hereby acknowledged of the good faith Deposit,if any,which is being held in accordance with the terms of the annexed Official Notice of Sale. �/ Signature: '/ 1 Title: Mayor ATTEST: k Title: City Clerk ITEMS TO INCLUDE ON AGENDA FOR MAY 7, 2019 CITY OF IOWA CITY, IOWA $12,535,000 (Subject to Adjustment per Terms of Offering) General Obligation Bonds, Series 2019. Date Handouts Distributed • Receipt of bids. • Resolution directin sale. 5_'- /q 1 (Date) NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. May 7, 2019 The Finance Director of the City of Iowa City, State of Iowa,met in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 11:00 o'clock A.M., on the above date, to open sealed bids received, access electronic bids and to refer the sale of the Bonds to the best and most favorable bidder for cash, subject to approval by the City Council at 7:00 o'clock P.M. on the above date. The following perns were present: Dennis Bocken tedt, Jacklvn F1eagle, Maggie Burger, John Murphey \ ,�i • N - 1 - This being the time and place for the opening of bids for the sale of$12,535,000 General Obligation Bonds, Series 2019, the meeting was opened for the receipt of bids for the Bonds. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name &Address of Bidders: 2. The Finance Director t en declared the time for filing of sealed bids to be closed and that the sealed bids be o.ened. The sealed bids were opened and announced. N N -2 - 3. Electronic bids received were accessed and announced as follows: Name &Address of Bidders: (Attach List of Bidders) Robert W. Baird& Co., Inc., Milwaukee, Wistonsin Hutchinson, Shockey, Erley& Co., Chicago, Illinois • 4. The best bid as determined to be as follows: Name&Address of Bidder: Robert W. Baird &Co., Inc., of Milwauke@, Wisconsin True Interest Rafe(as-bid): 2.020453% \' Net Interest Cost (as-bid): $1,108,623.23 In consultation with the Municipal Advisor, the City considered the adjustment of the aggregate principal amount of the Bonds and each scheduled maturity thereof in accordance with the Terms of Offering and the following actions were taken: Final Par Amount as adjusted: $ 12,535,000.00 - 3 - Purchase Price as adjusted: $32,565,847.60 All bids were then referred to the Council for action 1\ ,\ i i / \ ,/ \i / \ .\ - 4 - May 7, 2019 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 o'clock P.M., on the above date. There were present Mayor Throgmorton, in the chair, and the following named Council Members: i/ Absent: Vacant: \ * i * * * * * / / / \ • - 5 - Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $_12,535,000.00 GENERAL OBLIGATION BONDS, SERIES 2019," and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS\ / / Whereupon,the Mayo declared the following Resolution duly' adopted: RESOLUTION DIRE\ ING SALE OF $ 12 535 000.00 e\ GENERAL OBLIGATION BONDS, SERIES 2019 / WHEREAS,bids have been received sr e Bonds described as follows and the best bid received (with permitted adjustments, if any) i• .etermined to be the following: $ 12 535 000.00 G NERAL OBLIGATION BONDS, SERIES 2019 \ Bidder: of The terms of award: Final Par Amount as a.justed: $ 12 535 000.00 Purchase Price as adjusted: $ 12,565,847.60 True Interest Rat : 2.020453% Net Interestt: $1,108,623.00 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL,OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, the Bonds are hereby awarded as described above. - 6 - Section 2. That the statement of information for Bond bidders and the form of contract for the sale of the Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk and the Finance Director done in furtherance of the sale of the Bonds are hereby ratified and approved. PASSED A APPROVED this 7th day of May, 2019. Mayor/ ATTEST: City Clerk - 7 - CERTIFICATE STATE OF IOWA ) ) SS COUNV pF JOHNSON ) I, thuhdersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached ii true and complete copy of the portion of the records of the City'showing proceeding 'h: Council, and the same is a true and complete copy of the action taken by the Council with res.eit to the matter at the meeting held on the date indicated in the attachment, which proceedings :. ain in full force and effect, and have not been amended or rescinded in any way; that meetin_'.nd all action thereat was duly and publicly lieldin accordance with a notice of meeting and - tative agenda, a copy of which was timelysery on each member of the Council and posted o, a bulletin board or other prominent place a ily accessible to the public and clearly designated for that purpose at the principal 9ffic of the Council pursuant to the local rules of the Council, d the provisions of Chapter 2'1, ode of Iowa, upon reasonable advance notice to the public d edia at least twenty-four h�firs prior to the commencement of the meeting as required by law'an 'th members of the public present in attendance; I further certify that the individuals name\ \em were on'the,datdthereof duly and lawfully possessed of their respective City offices as indiea ell therein;; that ndCouncil vacancy existed except as may be stated in the proceedings, and than 'bontroversy or litigation is pending,prayed or threatened involving the incorporation, gdnizati , existence or boundaries of the City or the right of the individuals named therein as cess to their respective positions. WITNESS my hand and the seal�f t` ouncil hereto affixed this day of , 2019. ,' ." City Glerk, City of Iowa City, State of Iowa / .' / \ r i (SEAL) /7/ /// \ 01582010-1\10714-133 /J . N ITEMS TO INCLUDE ON AGENDA FOR MAY 7,2019 CITY OF IOWA CITY,IOWA $12,535,000(Subject 1. Adjustment per Terms of Offering) Ge•-ral Obligation Bonds, Series 2019. • Receipt of bids. • Resolution directing sal: NOTICE MUST BE GIVEN PURSUANT TO IOWA ODE CHAPTER 21 AND THE LOCAL RULES OF THE Y. May 7,2019 The Finance Director of the City of Iowa City, State of Iowa,met in the Emma J. Harvat Hall, City Hall,410 E. Washington,Iowa City,Iowa, at 11:00 o'clock A.M., on the above date, to open sealed b . received, access electronic bids and to refer the sale of the Bonds to the best and most favorab ; bidder for cash subject to approval by the City Council at 7:00 o'clock P.M. on the above date. The following i-rsons were present: * * * * * * * - 1 - This being the time and place for the opening of bids for the sale of$12,535,000 (Subject to Adjustment per Terms of Offering)General Obligation Bonds, Series 2019,the meeting was opened for the receipt of bids for the Bonds. The following actio. were taken: 1. Sealed'.-ds were filed and listed in the minutes while .pend, as follows: Name&Address of Bidd : (Attach List of B'+ders) 2. The Finan Director then declared the time for filing of sealed :'ds to be closed and that the sealed .ids be opened. The sealed bids were opened and anno' .ced. -2- 3. Electronic bids received were accessed and announced as follows: Name&Address of Bidders: (Attach List of Bi• •ers) 4. The best bid .- determined to be as follows: Name&Address of :idder: True Interest Rate(. -bid): Net Interest Cost(. bid): $ In consul :tion with the Municipal Advisor,the City consid ed the adjustment of the aggregate princi p al amount of the Bonds and each scheduled maturi thereof in accordance with the Terms of 0 ering and the following actions were taken: Final P. Amount as adjusted: $ Purch. e Price as adjusted: $ All bids wer then referred to the Council for action. -3 - May 7,2019 The Ci% Council of the City of Iowa City, State of Iowa,met in session, in the L ii n a J.Harvat Hall, City Hall,410 E.Washin: .n, Iowa City,Iowa,at 7:00 o'clock P.M., on u e above date. There were present Mayor in the chair, and the following nam:. Council Members:eAbsent: IIIVacant: Tr* * * * * * -4- Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF$ GENERAL OBLIGATION BONDS, SERIES 2019," and moved its adoption. Council Member seconded the moti• to adopt. The roll was called and the vote was, AYES. NAYS: Whereupon,the Mayor dec . ed the fo owing Resolution duly adopted: RESOLUTION DIREC ! G SALE OF $ GENERAL OBLIGATI'a '\:ONDS, SERIES 2019 WHEREAS, bids have been •-ceive`A1 or the Bonds described as follows and the best bid received (with permitted adjustme , if any) determined to be the following: $ GENERAL c :LIGATION BONDS, SERIES 2019 Bidder: of The terms of award: Final Par Amo as adjusted: $ Purchase Price,: adjusted: $ True Interest ' •te: Net Interes Cost: $ NOW, , REFORE,BE IT RESOLVED BY THE CITY OUNCIL OF THE CITY OF IOWA CI , STATE OF IOWA: Sectio 1. That the bid for the Bonds as above set out is hereby •etermined to be the best and most fav,rable bid received and,the Bonds are hereby awarded as •-§cribed above. - 5 - Section 2. That the statement of information for Bond bidders . I d the form of contract for the sale of the Bonds are hereby approved and the Mayor and Cle are authorized to execute the same on behalf of the City. Sectio i 3. That the notice of the sale of the Bonds hereto'ore given and all acts of the Clerk and the .inance Director done in fiutherance of the sale .f the Bonds are hereby ratified and approved. PASSED A APPROVED this 7th day of May 019. ayor A17'bST: S City Clerk -6 - CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I,the un. rsigned City Clerk of the City of Iowa City, .tate of Iowa, do hereby certify that attached is a . .e and complete copy of the portion of the records of the City showing proceedings of the uncil, and the same is a true and cornete copy of the action taken by the Council with respect to .e matter at the meeting held on .e date indicated in the attachment, which proceedings rem. , in full force and effect, and h- e not been amended or rescinded in any way;that meeting and . action thereat was duly . d publicly held in accordance with a notice of meeting and tentati•- agenda, a copy of whi• . was timely served on each member of the Council and posted on a b ,etin board or other . ominent place easily accessible to the public and clearly designated for ..at purpose at th• principal office of the Council pursuant to the local rules of the Council and 1- provisions . Chapter 21, Code of Iowa,upon reasonable advance notice to the public and me. : at least • enty-four hours prior to the commencement of the meeting as required by law and wi 1 ..emb-rs of the public present in attendance; I further certify that the individuals named therein er• on the date thereof duly and lawfully possessed of their respective City offices as indicated th- •-in,that no Council vacancy existed except as may be stated in the proceedings, and that no c... . .versy or litigation is pending,prayed or threatened involving the incorporation,orz. .- . ion, existence or boundaries of the City or the right of the individuals named therein as officers . their respective positions. WITNESS my hand and the s-: of the Counc, hereto affixed this day of ,2019. City Clerk, ity of Iowa City, State of Iowa (SEAL) 01582010-1\10714133 . 4@S Speer Financial, Inc. INDEPENDENT MUNICIPAL ADVISORS ESTABLISHED 1954 hE\I: DANIEL DAVID RAPHALIATA MAGGIE ANTHONY LARRY MARK McCANNA FORBES PHILLIPS MCKENZIE BURGER MICELI BURGER JERETINA Chairman President Executive VP Senior VP Senior VP Senior hP Vice President Vice President Late Handouts Distributed 5- 7— i9 May 7, 2019 (Date) The Honorable Jim Throgmorton, Mayor and Members of the City Council City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Dear Mayor Throgmorton and Council Members: Bids were received today for the$12,535,000 General Obligation Bonds,Series 2019. There were two bids received, which are listed at the bottom of this letter. Upon examination, it is our opinion that the bid of Robert W. Baird & Co., Inc., Milwaukee, Wisconsin, is the best bid received, and it is further our opinion that the bid is favorable to the City and should be accepted. We therefore recommend that the Bonds be awarded to that bidder at a price of $12,565,847.60, being at a true interest rate of 2.0204%. True Account Managers Interest Rate Robert W. Baird & Co., Inc.,Milwaukee,Wisconsin 2.0204% Hutchinson, Shockey, Erley&Co., Chicago, Illinois 2.0917% Respectfully submitted, SPEER FINANCIAL, INC. 9(6. ,Agirtp Larry P. Burger, Vice President LB/mr Enclosures SUITE 4100•ONE NORTH LASALLE STREET•CHICAGO,ILLINOIS 60602•(312)346-3700•FAX(312)346-8833 SUITE 608.531 COMMERCIAL STREET•WATERLOO,IOWA 50701 •(319)291-2077•FAX(319)291-8628 U.S.PUBLIC FINANCE MOODY'S INVESTORS SERVICE CREDIT OPINION Iowa City (City of) IA 1 May 2019 Update to credit analysis d Rate this Research Summary Iowa City's(Aaa stable) credit profile is supported by a healthy economic base that is anchored by the University of Iowa(Aal stable)and its associated University of Iowa Hospitals&Clinics(Aa2 stable),which has helped fuel ongoing growth and development contacts throughout the city.The city's financial profile is strong,characterized by balanced Daniel Simpson +1.312.706.9965 operations,very healthy reserves,and adequate revenue raising flexibility.Leverage is Analyst dan Simpson@moodys cornsomewhat heightened due to the city's capital borrowing and participation in two statewide cost-sharing retirement plans. David Levett +1.312.706.9990 VP-Senror Analyst Credit strengths david.levett@moodys corn » Growing tax base that benefits from the presence of the University of Iowa CLIENT SERVICES Americas 1-212-553-1653 » Robust unrestricted liquidity and available reserves Asia Pacific 852-3551-3077 » Strong financial management and adequate revenue raising flexibility Japan 81-3-5408-4100 Credit challenges E M EA 44-20-7772-5454 » Smaller tax base and weaker median family income levels relative to other Aaa cities » Pension burden is above average » Elevated fixed costs somewhat mitigated by rapid debt retirement Rating outlook The stable outlook reflects our expectations that the city's tax base will remain sound given ongoing economic development and the institutional stability provided by the University of Iowa.The outlook also reflects our expectation that the city's financial profile will remain healthy given prudent financial management and stable operations. Factors that could lead to a downgrade » Weakening of the city's tax base or resident income indices » Material reductions of operating reserves or available liquidity » Growth in the city's debt or pension burden MOODY'S INVESTORS SERVICE U.S PUBLIC FINANCE Key indicators Exhibit 2 low?City(City of)IA 2014 2016 2016 2017 2018 Economy/Tax Base Total Full Value($000) 5A953.386 55.352.972 $5.497.112 $5.910.241 $6,136,059 Population 70.597 71,832 72,385 73,415 73.415 Full Value Per Capita $70164 $74.521 575.943 $80.505 $83.580 Median Family Income(%of US Median) 111 3% 113 8% 114 8% 116 7% 116 7% Finances Operating Revenue($000) $66,287 $68.881 $67,634 $71.394 $72.133 Fund Balance($000) $54,389 $57,241 $62 247 $68.571 $74,974 Cash Balance($000) $57.422 $57,061 $58.561 $52.271 $48.812 Fund Balance as a%of Revenues 82.1% 831% 92.0% 96 0% 103.9% Cash Balance as a%of Revenues 86 6% 82 8% 86 6% 73 2% 67 7% Debt/Pensions Net Direct Debt($000) $74,431 $62.206 $58.086 $67,056 $67.156 3-Year Average of Moody's ANPL($000) $124.199 $117.448 $118.863 $140,098 $156.963 Net Direct Debt/Operating Revenues(x) 1 1 x 0 9x 0 9x 0 9x 0 9x Net Direct Debt!Full Value(%) 1 5% 1 2% 11% 11% 1.1% Moody's adjusted Net Pension Liability(3-yr average)to Revenues(x) 1 9x 1 7x 1 8x 2 Ox 2 2x Moodys adjusted Net Pension Liability(3-yr average)to Full Value(%) 2 5% 22% 2 2% 2 4% 2 6% The table above reflects fiscal year end data.Tax base data is displayed on a tax year basis,while financial data is displayed on a fiscal year basis. Source:Audited financial statements,Moody's Investors Service,U.S.Census Bureau Profile Iowa City is a growing municipality and county seat of Johnson County(Aa2).The city's population is currently estimated at 73,415 residents Detailed credit considerations Economy and tax base:growing tax base benefits from institutional presence Iowa City's economy and tax base are poised for growth given positive demographic trends,ongoing development,and the presence of several large institutions.The city serves as a regional economic center for much of eastern Iowa.The University of Iowa and the University of Iowa Hospitals and Clinics(Aa2 stable)are the city's largest employers,with over 19,600 and 10,400 staff, respectively.The city's labor market is sound and experienced minimal contraction during the recession.As of February 2019,the city's unemployment rate was 1.5%,well below the state(2.7%)and national(4.1%)rates for the same period.Median family income, 116.7%of the national median,is low for Aaa rated cities but is deflated due to a significant college student population. The city's$6.1 billion tax base grew at a compound annual growth rate of 4.9%in the five years through 2018.These trends are expected to continue given the substantial amount of new commercial and residential development that is taking place throughout the city. Financial operations and reserves:very strong reserves and stable operations The city's financial profile,which consists of stable operations and healthy reserves,will remain strong.Aided by steady revenue growth, the city has increased its available reserves in each of the last eight years.As of fiscal 2018,the city's general,employee benefits, debt service,and internal service funds had a combined available fund balance of$75 million,equal to a very strong 104%of annual operating revenues.The majority of reserves($63 million)was held in the general fund providing the most flexibility as to use,Officials budgeted for a modest use of available reserves in fiscal 2019 but expect to end the year with balanced operations. This publication does not announce a credit rating action.For any credit ratings referenced in this publication,please see the ratings tab on the issuer/entity page on www.moodys.com for the most updated credit rating action information and rating history. 2 1 May 2019 Iowa City(City of)IA'Update to credit analysis MOODY'S INVESTORS SERVICE U.S. PUBLIC FINANCE Property taxes are the city's primary revenue source,accounting for more than 80%of annual operating revenues.While the city fully utilizes its 58.10 per 51,000 general levy, it maintains 52.4 million of untapped capacity in its emergency and employee benefits levies. Additionally,the city is not currently utilizing the fully available 5%franchise fee on electric and gas bills,which would generate up to 54.0 million if fully tapped. Collectively,the city's available revenue raising flexibility amounts to nearly 10%of annual operating revenue. LIQUIDITY The city closed fiscal 2018 with an 546.9 million cash balance,equal to 68%of operating revenues.Government-wide cash is strong at 5135 million,or 153%of operating revenues. Debt and pensions:heightened leverage due to capital borrowing and participation in state retirement plans The city's overall leverage will remain somewhat above average for the Aaa rating category.Inclusive of the Series 2019 bonds,net direct debt will be 1.1%of full value and 0.9x operating revenue.While officials report additional near-term borrowing plans,overall debt is expected to be level due to rapid amortization of outstanding principal.The city's Moody's three year average adjusted net pension liability(ANPL),which incorporates adjustments we make to reported pension data,is equal to 2.4%of full value and 2.0x fiscal 2018 operating revenues. Fixed costs associated with the city's debt service and retirement contributions are above average and consumed approximately 28% of fiscal 2018 operating revenues.The relatively high fixed costs are largely due to the city's rapid principal payout(all GO debt is scheduled to mature within ten years).Additionally,the city benefits from unlimited levies for debt service and employee benefits, which help mitigate the risk of heightened fixed costs. DEBT STRUCTURE All of the city's GO debt is fixed rate and in long term mode. DEBT-RELATED DERIVATIVES The city is not party to any derivative agreements. PENSIONS AND OPEB The city participates in two defined benefit multiple-employer cost-sharing plans,the Iowa Public Employees'Retirement System (IPERS)and Municipal Fire and Police Retirement System of Iowa(MFPRSI). On an annual basis,each plan establishes local government retirement contributions as a share of payroll based on actuarial requirements.The city has routinely made its full statutory contributions to the plans. Statewide contributions to the plans in fiscal 2018 were equivalent to 103%and 84%of plans'respective"tread water"indicators. This measures annual employer contributions required to prevent reported net pension liabilities from growing,assuming other plan assumptions hold.After accounting for employee contributions,annual government contributions that tread water equal the sum of employer service cost and interest on the reported net pension liability at the start of the fiscal year. The city operates a single-employer health benefit plan which provides medical/prescription drug benefits for employees,retirees and their spouses. Due to the implicit rate subsidy,the city's net OPEB liability is modest at 57.6 million as of the most recent actuarial valuation on June 30,2018. Management and governance:very strong institutional framework,prudent management Iowa City's management team is considered strong,as demonstrated by its long-term commitment to maintaining very healthy reserves and formal financial and debt policies. Management has a formal policy to maintain an unreserved general fund balance of no less than 25%of annual expenditures,with a ceiling of 35%.Any reserves in excess of the 35%threshold are transferred to the city's emergency fund,which is intended to support early retirement of debt,disaster mitigation,or other unforeseen emergencies. Iowa cities have an Institutional Framework score of Aaa,which is high. Institutional Framework scores measure a sector's legal ability to increase revenues and decrease expenditures. Even with property tax caps on general and emergency levies,cities have strong revenue-raising flexibility due to various additional levies, including an unlimited levy for employee benefits. Unpredictable revenue fluctuations tend to be minor.Across the sector,fixed and mandated costs are generally moderate. However,Iowa has public sector unions,which can limit the ability to cut expenditures.Expenditures mostly consist of personnel costs,which are highly predictable. 1 M.,y 7019 Iowa City(City of)IA:Update to credit analysis MOOfiY'S INVESTORS SERVICE U S PUBIICI INANCE 0 2019 Moody's Corporation,Moody's Investors Service,Inc.,Moody's Analytics,Inc.and/or their licensors and affiliates(collectively,"MOODY'S").All rights reserved. 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Additional terms for Japan only:Moody's Japan K.K.("MJKK")is a wholly-owned credit rating agency subsidiary of Moody's Group Japan G.K.,which is wholly-owned by Moody's Overseas Holdings Inc,a wholly-owned subsidiary of MCO.Moody's SF Japan K.K.("MSFJ")is a wholly-owned credit rating agency subsidiary of MJKK.MSFJ is not a Nationally Recognized Statistical Rating Organization("NRSRO") I herefore,credit ratings assigned by MSFJ are Non-NRSRO Credit Ratings.Non-NRSRO Credit Ratings are assigned by an entity that is not a NRSRO and,consequently,the rated obligation will not qualify for certain types of treatment under U.S laws MJKK and MSFJ are credit rating agencies registered with the Japan Financial Services Agency and their registration numbers are FSA Commissioner(Ratings)No 2 and 3 respectively. MJKK or MSFJ(as applicable)hereby disclose that most issuers of debt securities(including corporate and municipal bonds,debentures,notes and commercial paper)arid preferred stock rated by MJKK or MSFJ(as applicable)have,prior to assignment of any rating,agreed to pay to MJKK or MSFJ(as applicable)for ratings opinions and services rendered by it fees ranging from JPY12S,000 to approximately JPY250,000,000. MJKK and MSFJ also maintain policies and procedures to address Japanese regulatory requirements. REPORT NUMBER 5 1 May 2019 Iowa City(City of)IA.Update to credit analysis MOODY'S INVESTORS SERVICE U.S.PUBLIC FINANCE CLIENT SERVICES Americas 1-212-553-1653 Asia Pacific 852-3551-3077 Japan 81-3-5408-4100 EMEA 44-20-7772-5454 MOODY'S INVESTORS SERVICE 6 1 May 2019 Iowa City(City of)IA.Update to credit analysis Speer Financial, Inc. INDEPENDENT MUNICIPAL ADVISORS • ESTABLISHED 1954 SUITE 608.531 COMMERCIAL STREET•WATERLOO,IOWA 50701 •(319)291-2077•FAX(319)291-8628 Investment Rating: Moody's Investors Service ... Aaa 1 r $12,535,000 CITY OF IOWA CITY Johnson County, Iowa CITY OF IOWA CITY General Obligation Bonds, Series 2019 Date of Sale: May 7, 2019 Average Life: 4.363 Years (Based on TIC) True Bidders* Price Maturities Rates Interest** Robert W. Baird & Co., Inc. 100.246% 2020 - 2027 2.000% 2.0204% Milwaukee, Wisconsin $12,565,847.60 2028 - 2029 2.250% $1,108,623 In association with: C.L. King&Associates WMBE Sierra Pacific Securities Edward Jones Alamo Capital WMBE Dougherty& Company, LLC Midland Securities Fidelity Capital Markets FMS Bonds Inc. Loop Capital Markets Commerce Bank,N.A. Crews& Associates, Inc. First Kentucky Securities Corp. Ross, Sinclaire&Associates, LLC Isaak Bond Investments, Inc. Davenport& Co., L.L.C. First Southern Securities Bernardi Securities, Inc. Multi-Bank Securities Inc. Oppenheimer& Co. Dinosaur Securities SumRidge Partners First Bankers' Banc Securities, Inc. Country Club Bank Tribal Capital Markets LLC Wintrust Investments, LLC Mountainside Securities LLC Hutchinson, Shockey, Erley& Co. 100.969% 2020- 2027 2.250% 2.0917% Chicago, Illinois $12,656,576.85 2028 - 2029 2.500% $1,154,633 *Syndicate information is provided by the underwriter. The information contained in this report is the most current available. **The true interest rate reflects the time value of money where dollars spent in early years have a greater weight than dollars spent in later years. /`Speer Financial, Inc. ►�/ INDEPENDENT MUNICIPAL ADVISORS City of Iowa City,Iowa $12,535,000 General Obligation Bonds, Series 2019 *** FINAL *** Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 06/04/2019 - - - - - 12/01/2019 - - 125,620.83 125,620.83 - 06/01/2020 4,125,000.00 2.000% 127,750.00 4,252,750.00 4,378,370.83 12/01/2020 - - 86,500.00 86,500.00 - 06/01/2021 905,000.00 2.000% 86,500.00 991,500.00 1,078,000.00 12/01/2021 - - 77,450.00 77,450.00 - 06/01/2022 925,000.00 2.000% 77,450.00 1,002,450.00 1,079,900.00 12/01/2022 - - 68,200,00 68,200.00 - 06/01/2023 955,000.00 2.000% 68,200.00 1,023,200.00 1,091,400.00 12/01/2023 - - 58,650.00 58,650.00 - 06/01/2024 985,000.00 2.000% 58,650.00 1,043,650.00 1,102,300.00 12/01/2024 - - 48,800.00 48,800.00 - Call 06/01/2025 875,000.00 2.000% 48,800.00 923,800.00 972,600.00 12/01/2025 - - 40,050.00 40,050.00 - 06/01/2026 9.05_,000.00 2.000% 40,050.00 945,050.00 985,100.00 12/01/2026 - - 31,000.00 31,000.00 - 06/01/2027 940,000.00 2.000% 31,000.00 971,000.00 1,002,000.00 12/01/2027 - - 21,600.00 21,600.00 - 06/01/2028 960,000.00 2.250% 21,600.00 981,600.00 1,003,200.00 12/01/2028 - - 10,800.00 10,800.00 - 06/01/2029 960,000.00 2.250% 10,800.00 970,800.00 981,600.00 Total $12,535,000.00 - 51,139,470.83 $13,674,470.83 - Yield Statistics Bond Year Dollars $54,695.54 Average Life _ 4.363 Years Average Coupon 2.0832975% Net Interest Cost(NIC) 2.0268987% True Interest Cost(TIC) _ 2.0204528% Bond Yield for Arbitrage Purposes 1.9233025% All Inclusive Cost(AIC) 2.1593704% IRS Form 8038 Net Interest Cost _ 1.9240173% Weighted Average Maturity 4.362 Years 19 Iowa City 12.535 GO Fl I SINGLE PURPOSE I 5/712019 I 12:46 PM Speer Financial, Inc. Registered Municipal Advisor Page 1 Item Number: 16. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT May 7, 2019 Resolution authorizing the award of a contract to provide Retail Recruitment Services for the City of Iowa City. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Simon Andrew, Assistant to the City Manager Fiscal Impact: $45,000 available in account 10210510-432060 Consultant Services Recommendations: Staff: Approval Commission: The City Council Economic Development Committee recommended approval of the Request for Proposals in December of 2018. Attachments: Resolution Agreement for Professional Services Executive Summary: During fiscal year 2019 budget deliberations, Council indicated a desire to contract with a retail recruitment firm to help recruit new retailers to Iowa City and approved a $50,000 line item to contract those services. Late last year the City issued a request for proposals for these services. Two firms responded and a committee of staff and external stakeholders evaluated the responses and interviewed the higher scoring candidate, Retail Strategies based in Birmingham, Alabama. The evaluation committee agreed the firm would be best suited for this work at their competitive rate of $45,000 for a one year contract, renewable at the same rate for two additional years. This resolution authorizes the City Manager to execute the contract with Retail Strategies. Background /Analysis: The consultant will accomplish at least two goals a program of strategic business recruitment. provide the City with an area market analysis and The market analysis will demonstrate the level of demand for different categories of retail in commercial neighborhoods within the community. Unmet demand is measured by location -based spending data in the local market and reveals opportunities for retail expansion. If demand is satisfied by existing business, it should be understood that retail expansion would not be sustainable. The analysis helps tailor recruitment strategies accordingly. When the retail recruiting consultant has completed the market analysis, they compare it with national retail data showing which categories of retail are expanding and which are contracting. With this analysis, they create a strategy and plan to attract appropriate businesses. They do this in concert with the leadership in the community to focus recruiting efforts on retail targets the community desires. Retail Strategies will develop a plan for Iowa City that includes a) identifying unmet retail needs, b) identifying short and long-term goals forming a basis for the City's retail recruiting focus, c) highlighting the City's strengths, weaknesses, opportunities and threats as relating to retail recruitment, d) identifying appropriate retail prospects, e) based on current and expected conditions, identify potential sites for future retail development, and f) identifying key actions the City might consider to enhance its marketability and visibility to retailers. Retail Strategies is an industry insider. Their success is based on three things: 1) relationships they build through retail associations, attending national and regional retail marketplaces, knowledge of similar markets, trends in retail and real estate, 2) an understanding of the community vision, goals and community identity, and 3) data analytics. Staff recommends approving the contract with Retail Strategies for retail recruitment services. ATTACHMENTS: Description Resolution Agreement for Professional Services Prepared by: Mary Niichel-Hegwood, Purchasing Agent, 410 E.Washington St., Iowa City, IA 52240(319)356-5078 Resolution No. 19- 117 Resolution authorizing the award of a contract to provide Retail Recruitment Services for the City of Iowa City Whereas, the City's Purchasing Division issued a Request for Proposal (RFP)for Retail Recruitment Services for the City of Iowa City; and Whereas, the City received two proposals in response to the RFP to provide a detailed Retail Recruitment Strategy that maximizes the retail and restaurant potential for the City of Iowa City, provides business retention tools, and access to a web portal for customized reports and updates; and Whereas, an evaluation committee composed of staff from the City Manager's Office, the Iowa City Downtown Association and Southgate Companies reviewed and scored the proposals and selected Retail Strategies; and Whereas, the initial term of this contract is for one (1) year, with an option to renew for two (2) additional one (1) year periods; and Whereas, the City expects to expend a not-to-exceed amount of$45,000 for all services contained within the Agreement for Professional Services, including three visits made by Retail Strategies, LLC to the Iowa City area to perform the required tasks for this contract; and Whereas, staff has negotiated the Agreement with Retail Strategies, LLC attached hereto; and, Whereas, funds for this purchase are available in Economic Development's operating budget 10210510-432060 Consultant Services; and Whereas, approval of this procurement is in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The agreement attached hereto is approved. 2. The City Manager is authorized to sign the agreement and take whatever steps are necessary to effectuate future renewals. Passed and approved this 7th day of 1‘,.1ay , 20 19 . MV:‘-) •p,roved by f ATTEST: �� . L- _cTh -/9 9 CIT CLERK City Attorney's Office Resolution No. 19-11 7 Page 2 It was move by Teague and seconded by Salih the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Cole x Dickens x Mims x Teague x Taylor x Thomas x Throgmorton Page 1 of Agreement for Professional Services This Agreement for Professional Services ("Agreement") is made this 7th day of May , 2019 between Retail Strategies,LLC ("Consultant"), having an office at 120 18'h St. S, Ste. 201,Birmingham,AL 35233 and the City of Iowa City,IA("Client")having an office at 410 E. Washington St,Iowa City, IA 52240. Whereas,the City issued a Request for Proposal#19-27 to evaluate potential Consultants for Retail Recruitment Services associated therewith;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. I. Contract Requirements Consultant agrees to perform the following services for the City,and to do so in a timely and satisfactory manner. A. Scope of Work The Consultant will create an d assist in the execution of a multifaceted retail recruitment strategy which will satisfy the specifications contained within the Request for Proposal,by determining and utilizing key metrics for the City's retail trade area such as relevant demographic and psychographic data,demand analysis in addition to local,regional,and national retail trends. This analysis is expected to support a detailed assessment of the current and potential retail market for the City and provide the basis for the creation and execution of a retail recruitment strategic plan supported by effective marketing materials and representation at regional and national retail shows and conferences. The Consultant will analyze existing shopping centers,real estate assets and retail corridors and actively reach out to local brokers,municipal staff and real estate owners both during our annual in-market visit and after the in-market visit via phone and/or electronic communication. The Consultant will identify, evaluate and catalogue priority commercial properties for development or redevelopment based on their highest-and-best-use. The Consultant will identify priority business categories to expand locally and to recruit to the area. B. Project Tasks In order to fulfill these requirements,the Consultant will be expected to at a minimum address the following concems/issues and will be responsible for the following tasks. • Develop trade area analysis focused on drive time delineation • Develop profiles of customers in the trade area based on buying habits,media habits and lifestyle characteristics • Assess the retail potential of selected sites in the city • Conduct retail peer market analysis • Identify priority business categories for community • Recommend specific retailers and restaurants that match customer profile • Match the customer profiles with profiles of specific retailers and restaurants that would consider the City for a location or expansion • Prepare custom marketing packages for each of the retailers and restaurants identified and identify the individual in the companies who makes location decisions • Identification of specific prospects to target for recruitment • Make other recommendations as seen pertinent to the assessment • Outreach to local brokers and property owners • Provide a retail leakage/surplus analysis • Provide an online data base and marketing tool to assist recruitment efforts • Provide long-Tenn Partnership-unlimited access to GIS and staff to help optimize marketing efforts Page 2 of 6 • Provide information required to retaining and attracting high value,high wage jobs by analyzing how the city benchmarks against competing cities • Provide information to understand the value of residents,and surrounding households when considered as a workforce. • Provide information to understand residents access to services,retail,healthcare,municipal assets and other attractive amenities for overall quality of life benchmarks • Provide a business retention solution designed specifically for small business owners and franchisees.Local governments and economic development agencies can also leverage this tool to support local businesses and entrepreneurs. Task 1: Retail Recruitment Assessment Deliverable: Market Analysis Report Using current reliable data,the first phase shall consist of a report detailing the City's market/trade area analysis: • Population and household increases within the local retail market • Competition • Existing retail firms • Market viability • Retail trends • Retail leakage • Key psychographies • Drive time studies • Radius ring studies • Customized trade area studies • AvaiIable platform to access all reports Task 2: Plan Development Deliverable: Retail Recruitment Strategic Plan Based on in-depth local research, coupled with knowledge of local,regional,and national trends,the Retail Recruitment Strategic Plan will at minimum: • Identify unmet retail needs. • Identify short and long-term goals forming a basis for the City's retail recruiting focus, • Highlight the City's strengths,weaknesses,opportunities and threats as relating to retail recruitment. • Identify appropriate retail prospects. • Based on current and expected conditions,identify potential sites for future retail development. • Identify key actions the City might consider to enhance its marketability and visibility to retailers. Task 3: Representation/Marketing Deliverable: Marketing/Reeruitment materials for dissemination to potential prospects The Consultant will assist in the implementation of the Retail Recruitment Strategic Plan including,but not limited to: • • Making contact with potential retail prospects. • Working with local officials,property owners,real estate brokers,and other stakeholders to enhance the City's retail environment. Page 3 of 6 • Develop solid working relationships with key regional and national retail representatives,brokers,and site selectors. • Represent the City at regional and national conferences attended by such representatives, and be able to facilitate discussion and generate recognition of an interest in the Iowa City retail market. • Produce marketing materials such as maps and handouts containing key City information for use by retail prospects,city officials,brokers, and site selectors. A digital version of the material will be made available for inclusion of the City's website. Note: All materials that are produced as a result this contract shall be the property of the City of Iowa City. II. Contract Term A. The initial term of this contract shall be for one (I) year. No price escalation will be allowed during the original term of this contract. The City and the vendor may renew the contract for one(1)year time periods by mutual agreement,with a maximum of two 1-year contract extensions. Any such renewals shall be in writing and executed by both parties. B. The City reserves the right to accept the proposed renewal modifications,to negotiate more favorable terms, or to not renew the contract. IH. Compensation Client shall compensate Consultant for Services rendered in such amounts as described in below. A. Consultant shall be paid a not-to-exceed amount of$45,000 for all services contained within this Agreement. The Consultant shall make, at minimum,three(3)visits to the Iowa City area to perform the required tasks for this contract. B. Not more frequently than once a month Consultant shall invoice Client for its fee. C. Client shall pay each invoice within thirty(30)days of receipt. However,if Client objects to all or any portion of any invoice,Client shall so notify Consultant within fifteen(15)days from receipt,give reasons for the objection,and pay that portion of the invoice not in dispute within thirty(30)days of receipt of the invoice. Unless otherwise directed in writing,all invoices shall be submitted for payment to the following address; Purchasing Division City of Iowa City 410 Bast Washington St. Iowa City,Iowa 52240 D. Should the Client request any additional visits to the Iowa City retail market,beyond the three(3) required visits,the Consultant shall submit lodging and transportation costs for review,approval and reimbursement by the Client so long as: • The intent and chief purpose of the trip doesn't coincide with visitation of other,nearby markets • Iowa City reimburses reasonable and approved travel expenses for any additional requested visits beyond the standard annual visit.Travel expenses for additional visits will not exceed$1,500 per trip and will be payable upon the City's prior approval,receipt of valid invoice and appropriate documentation. • Additionally,the Business Developer for the Consultant(Justin Lindsey)will take into consideration dates and times for any additional in-market visit as requested by the client at no additional charge. IV. General Terms Page 4 of 6 A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race,color,religion,sex,national origin, disability,age,marital status,gender identity,or sexual orientation. 2. To discriminate against any individual in terms, conditions,or privileges of employment because of their lace,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 of $45,000. 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 made 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, the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state,federal,or local law or any of the ordinances of the City of Iowa City,Iowa. G. At the request of the City,the Consultant shall attend meetings of the City Council relative to the work set forth inthis Agreement. My 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 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. J. 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. K. Reserved L. 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, Page 5 of 6 M. 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$1,0u0,000. N. No Modifications to the Scope of Services or other contract terms can be made without the written consent of both parties. For purposes of this clause, e-mail is to be considered a writing. Authority to approve changes from the City side is vested solely with the City Manager,unless the City Manager delegates that authority to another named City employee in writing. O. The Consultant shall inderu rift',defend and hold harmless the City of Iowa City and its officers, employees and agents from any and all liability,loss,cost,damage,and expense(including reasonable attorney's fees and court costs)resulting from,arising out of,or incurred by reason of any claims, aotions, or suits based upon or alleging Consultant's negligence,gross negligence,or knowing or willful misconduct,or any,license,patent,or copyright infringement claim rising out of or resulting from the Consultant's operations under this Contract. Consultant is not,and shall not be deemed to be,an agent or employee of the City of Iowa City, Responsibility for Damage Claims -It is specifically agreed between the parties executing this contract that it is not intended by any of the provisions of any part of the contract documents to create in the public or any member thereof a third party beneficiary hereunder,or to authorize anyone not a party to this contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this contract, It is understood that no subcontractor is a third party beneficiary to any contract between the City the Consultant.Nothing in any special provision or any supplemental specification shall be construed as eliminating or superseding the requirements of this section. Consultant further agrees to: a. Save the City,its agents and employees harmless from liability of any nature or kind for the use of any copy-right or non-copyright composition, secret process,license,furnished or used in the performance of the contract. b, Obtain all permits and licenses required by city,state and federal governments and pay all related fees. P. The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this proposal,including but not limited to any resulting Contract,without regard to the conflict of law provisions of Iowa law.Any and all litigation commenced in connection with this proposal or any resulting Contract shall be brought and maintained solely in Johnson County District Court for the State of Iowa,Iowa City,Iowa,or in the United States District Court for the Southern District of Iowa, Davenport Division,Davenport,Iowa,wherever jurisdiction is appropriate.This provision shall not be construed as waiving any immunity to suit or liability in State or Federal court,which may be available to the City of Iowa City. V. Miscellaneous A. 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. B. The following documents are hereby incorporated into this Agreement by this reference:the Consultant's Proposal. Page 6 of 6 For The City For The Co = t By By: j "44 1Z_�ot1y - Title: Title: CEO Date: 5 7 / Date: (I21 I I 1 ATTEST;. ' , ;14. City4ttey's 7fce Date