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Loras Parkway_Grading and Paving Public Hearing and AwardMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Loras Parkway Project Loras Parkway PCC Pavement — Grade and Replace Iowa DOT Project No. TCSP- PA27(003)- -9S -31 DATE: May 30, 2012 Dubuque bierd All-America City 1 2007 Assistant City Engineer Bob Schiesl recommends City Council approval of the plans, specifications, form of contract and estimated cost of $651,484.86 for the Loras Parkway Project, and that the improvement contract for the Loras Parkway Project be awarded to Horsfield Construction, Inc. in the amount of $483,757.45 and that the City Manager be authorized to execute the Subgrantee Agreement between the City and Loras College. In August 2010, Loras College purchased a portion of Cox Street from the City of Dubuque. Subsequent to acquiring Cox Street, Loras College was awarded a Federal Highway Administration (FHWA) Transportation and Community and System Preservation Grant in the amount of $489,150.00 for the reconstruction of Cox Street, or what is now referred to as Loras Parkway. Although the FHWA grant was awarded to Loras College, federal regulations require that the funding be channeled and administered through a local governmental entity. As a result, East Central Intergovernmental Association (ECIA) has agreed to partner with Loras College and will assume the role as the Local Public Agency (LPA) for the administration of the federal grant. The Loras Parkway Project was bid on April 17, 2012 through the Iowa Department of Transportation (Iowa DOT) in Ames. Following the receipt of bids and the processing of contract documents, the Iowa DOT discovered that the project was inadvertently setup with the City of Dubuque as the contracting authority through the entire bidding process. Following this discovery, both the Iowa DOT and the FHWA reviewed the federal regulations and have made the determination that the contracting authority cannot be changed at this point in the public bidding process. Based on discussions with the Iowa DOT Office of Contracts, the following options are available: • Reject all bids and rebid the project. Rebidding is not a good option because the intent of the April bid letting was to enable construction work to begin after spring classes were concluded and to have the majority of the project completed prior to fall classes beginning. Rebidding the project in June would not allow construction to begin until late July. • The City could award the improvement contract. The City would initially assume the responsibility of the contracting authority and award the improvement contract for the construction of the Loras College Parkway Project. Follow the contract approval; the City could then issue a change order which would then transfer the contracting authority jurisdiction to ECIA. Based on the discussions with the Iowa DOT, Loras staff and ECIA, Assistant City Engineer Bob Schiesl recommends that the City of Dubuque assumes the responsibility of the contracting authority and award the improvement contract for the construction of the Loras College Parkway Project. It is further recommended that following the contract approval, the City would then issue a change order which would transfer the contracting authority jurisdiction to ECIA. I concur with the recommendations and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Jim Collins, President, Loras College Kelley Deutmeyer, Executive Director, ECIA Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Bob Schiesl, Assistant City Engineer 2 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Robert Schiesl, Assistant City Engineer SUBJECT: Loras Parkway Project Loras Parkway PCC Pavement — Grade and Replace Iowa DOT Project No. TCSP- PA27(003)- -9S -31 DATE: May 30, 2012 INTRODUCTION Dubuque kraal All- America City '111 2007 The purpose of this memorandum is to provide the City Council with information related to the public hearing on the Loras College - Loras Parkway Project, Iowa DOT Project No. TCSP- PA27(003)- -9S -31 and to provide a recommendation on the award of a public improvement contract. The enclosed resolutions are in reference to both the public hearing, approving a subgrantee agreement and the award of contract for the Loras Parkway Project. BACKGROUND In August 2010, Loras College purchased a portion of Cox Street from the City of Dubuque. Subsequent to acquiring Cox Street, Loras College was awarded a Federal Highway Administration (FHWA) Transportation and Community and System Preservation Grant in the amount of $489,150.00 for the reconstruction of Cox Street, or what is now referred to as Loras Parkway. Although the FHWA grant was awarded to Loras College, federal regulations require that the funding be channeled and administered through a local governmental entity. As a result, East Central Intergovernmental Association (ECIA) has agreed to partner with Loras College and will assume the role as the Local Public Agency (LPA) for the administration of the federal grant. DISCUSSION The Loras Parkway Project was bid on April 17, 2012 through the Iowa Department of Transportation (Iowa DOT) in Ames. Following the receipt of bids and the processing of contract documents, the Iowa DOT discovered that the project was inadvertently setup with the City of Dubuque as the contracting authority through the entire bidding process. Following this discovery, both the Iowa DOT and the FHWA reviewed the federal regulations and have made the determination that the contracting authority cannot be changed at this point in the public bidding process. Based on discussions with the Iowa DOT Office of Contracts, the following options are available: • Reject all bids and rebid the project. Rebidding is not a good option because the intent of the April bid letting was to enable construction work to begin after spring classes were concluded and to have the majority of the project completed prior to fall classes beginning. Rebidding the project in June would not allow construction to begin until late July. • The City could award the improvement contract. The City would initially assume the responsibility of the contracting authority and award the improvement contract for the construction of the Loras College Parkway Project. Follow the contract approval; the City could then issue a change order which would then transfer the contracting authority jurisdiction to ECIA. Based on the cooperative discussions with the Iowa DOT, Loras staff and ECIA, City staff recommends to the City Manager and City Council that the City of Dubuque assumes the responsibility of the contracting authority and award the improvement contract for the construction of the Loras College Parkway Project. City staff also recommends that following the contract approval, the City would then issue a change order which would transfer the contracting authority jurisdiction to ECIA. LORAS — SUBGRANTEE AGREEMENT Based on the City's support of its local colleges and the partnership with Loras College for the successful completion of the Loras Parkway project, staff feels that it would be in both the City, ECIA and Loras best interest to enter into a Subgrantee Agreement. The attached Subgrantee Agreement outlines the responsibilities along with terms and conditions for the administration of the federal grant as specified per the Iowa DOT Agreement No. 12- TCSP -114. PROJECT COST The estimate of probable cost for the Loras Parkway Project is summarized as follows: Description Estimate Construction Contract $ 508,562.00 Contingency 15,256.86 Engineering Design 29,848.00 Contract Administration / Construction Engineering 97,818.00 Total Project Cost $ 651,484.86 BID RESULTS Sealed bids were received on the project by the Iowa DOT on April 17, 2012. Horsfield Construction, of Epworth, Iowa, submitted the low bid in the amount of $483,757.45. This amount is 4.9% below the estimate of probable cost. A summary of the bid proposals received is as follows: Contractor Name Horsfield Construction, Inc. Tschiggfrie Excavating Co. Eastern Iowa Excavating and Concrete, LLC Portzen Construction Total Bid Amount $483,757.45 $500,753.77 $578,762.19 $599,313.77 I recommend that the improvement contract for the Loras Parkway Project, Iowa DOT Project No. TCSP- PA27(003)-- 9S -31, be awarded to Horsfield Construction, Inc. of Epworth, Iowa, in the amount of $483,757.45, subject to Iowa DOT approval. BUDGET IMPACT The City will initially be the contracting authority for the grant but will not contribute funds to the project. There is no cost to the City for this project. All eligible project costs will be paid by the federal grant ($489,150.00 maximum amount) and Loras College. The estimate of probable cost for the Loras Parkway Project is summarized as follows: Description Estimate Award Construction Contract $508,562.00 $483,757.45 Contingency 15,256.86 14,512.72 Engineering Design 29,848.00 29,848.00 Contract Administration / Construction Engineering 97,818.00 97,818.00 Total Project Cost $651,484.86 $625,936.17 The project funding summary is as follows: Funding Source Amount Federal Grant Funding (80 %) $489,150.00 Loras College - Local Funding (20 %) 136,786.17 Total Project Funding $625,936.17 RECOMMENDATION I recommend that the City Manager be hereby authorized to execute the Subgrantee Agreement between the City and Loras College. I also recommend approval of the plans, specifications, form of contract and the estimated cost for the Loras Parkway Project and that the improvement contract for the Loras Parkway Project be awarded to Horsfield Construction, Inc. of Epworth, Iowa, in the amount of $483,757.45. ACTION TO BE TAKEN I recommend that the City Council adopt the attached resolution authorizing the City Manager to execute the Subgrantee Agreement between the City and Loras College. I request that the City Council adopt the attached resolution approving the plans, specifications, form of contract and the estimated cost for the Loras Parkway Project. I also recommend that the City Council adopt the attached resolution awarding the Loras Parkway Project (Iowa DOT Project No. TCSP- PA27(003)-- 9S -31) to Horsfield Construction, Inc. in the amount of $483,757.45, subject to Iowa DOT approval. Prepared by Robert Schiesl, Assistant City Engineer cc: Jim Collins, Loras College Valorie Woerdehoff, Loras College John McDermott, Loras College Roger Bierbaum, Iowa DOT Edward Kasper, Iowa DOT Jennifer Kolacia, Iowa DOT Chandra Ravada, ECIA Julie Neebel, IIW, PC RESOLUTION NO. 145 -12 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE LORAS PARKWAY PROJECT (IOWA DOT PROJECT NO. TCSP- PA27(003)-- 9S -31) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Loras Parkway Project, in the estimated amount $651,484.86, are hereby approved. Passed, adopted and approved this 4th day of June , 2012. Attest: Ke n . Firnstahl, City Clerk Q Roy D. B ol, Mayor RESOLUTION NO, 146 -12 RESOLUTION APPROVING AN SUBGRANTEE AGREEMENT BETWWEN THE CITY OF DUBUQUE AND LORAS COLLEGE FOR THE LORAS PARKWAY PCC PAVEMENT — GRADE AND REPLACE PROJECT, IOWA DOT PROJECT NO. TCSP- PA27 (003)- -9S -31 WHEREAS, Loras College (Loras) is engaged in a project involving the design and reconstruction of a portion of Cox Street, or what is now referred to as Loras Parkway, funded in part by a federal grant of $489,150.00 from the Federal Highway Administration (FHWA) Transportation and Community and System Preservation Grant Program (Iowa DOT Project No. TCSP -PA27 (003)-- 9S -31) (the Project); and WHEREAS, East Central Intergovernmental Association (ECIA) has agreed to partner with Loras as the sponsor for the Project and will assume the role as the Local Public Agency (LPA) for the administration of the federal grant; and WHEREAS, ECIA has signed Iowa DOT Agreement No. 12 -TCSP -114 with the Iowa Department of Transportation (Iowa DOT) as the sponsor of the Project on behalf of Loras; and WHEREAS, City will initially be the Contracting Authority for the grant but will not contribute funding for the Project; and WHEREAS, both the City and ECIA proposes to have Loras comply with the terms and conditions set forth in the Iowa DOT Agreement, as the subgrantee for and on behalf of the City and ECIA; and WHEREAS, the City and Loras desire to enter into this Subgrantee Agreement to set forth their respective responsibilities under the Iowa DOT Agreement. NOW, THEREFORE, the parties hereto do mutually agree as follows: SECTION 1. City shall initially assume the responsibility of the Contracting Authority for the Project and award the improvement contract for the construction of the Project. SECTION 2. Following the contract approval, the City shall issue a change order to the construction contract which would transfer the contracting authority jurisdiction to ECIA. SECTION 3. Loras agrees to comply with all of the terms and conditions of the Iowa DOT Agreement for the Project that are applicable to the Recipient (as defined in the Iowa DOT Agreement), for and on behalf of City. SECTION 4. Loras shall be responsible under the Iowa DOT Agreement to pay the Project costs according to the procedure set forth therein as follows: (1) Loras agrees to pay the required twenty percent (20 %) local contribution to the total Project costs, estimated to be $122,287.50, for the Project in accordance with the Iowa DOT Agreement. (2) Loras agrees to pay eighty percent (80 %) of the total eligible Project costs, not to exceed $489,150.00, for the Project in accordance with the IOWA DOT Agreement, and then to request reimbursement for eligible grant expenditures from the Iowa DOT. (3) Loras hereby agrees to pay one hundred percent (100 %) of ineligible Project costs and all Project costs that exceed the estimated total Project costs of $652,000.00 or which are not reimbursed with or otherwise paid for by the funds specified in the Iowa DOT Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Subgrantee Agreement between the City of Dubuque and Loras College be hereby approved for the Loras Parkway Project, Iowa DOT Project No. TCSP -PA27 (003)-- 9S -31. Section 2. That the City Manager be authorized and directed to execute two copies of the Subgrantee Agreement for the Loras Parkway Project, Iowa DOT Project No. TCSP -PA27 (003)-- 95 -31. Attest: Passed, approved and adopted this 4th day of June , 2012. o Lid Roy D. Buol, Mayor Kevin . irnstahl, City Clerk F: \PROJECTS \Cox Street Reconstruction - Loras Parkway \Subgrantee Agreement — Loras\ Loras Parkway - Subgrantee Agreement Between City and Loras - Resolution RESOLUTION NO. 147 -12 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE LORAS PARKWAY PCC PAVEMENT - GRADE AND REPLACE PROJECT IOWA DOT PROJECT NO. TCSP- PA27(003)- -9S -31 Whereas, said sealed proposals were opened and read by the Iowa Department of Transportation on the 17" day of April, 2012, and it has been determined that Horsfield Construction, of Epworth, Iowa, with a bid in the amount of $483,757.45 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Horsfield Construction, Inc., subject to the concurrence by Iowa Department of Transportation (Iowa DOT), and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 4th day of , - _ , 2012. Attest: Kevin •. Firnstahl, City lerk Roy D. Buol, Mayor SUBGRANTEE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND LORAS COLLEGE This Subgrantee Agreement is made and entered into effective the 4th day of June, 2012 by and between the City of Dubuque, Iowa (City) and Loras College (Loras). WHEREAS, Loras is engaged in a project involving the design and reconstruction of a portion of Cox Street, or what is now referred to as Loras Parkway, funded in part by a federal grant of $489,150.00 from the Federal Highway Administration (FHWA) Transportation and Community and System Preservation Grant Program (Iowa DOT Project No. TCSP -PA27 (003)-- 9S -31) (the Project); and WHEREAS, East Central Intergovernmental Association (ECIA) has agreed to partner with Loras as the sponsor for the Project and will assume the role as the Local Public Agency (LPA) for the administration of the federal grant; and WHEREAS, the total Project costs are estimated to be $652,000.00; and WHEREAS, Loras is committed to providing the required match of $122,287.50 for the Transportation and Community and System Preservation Grant for the Project; and WHEREAS, Loras is also committed to providing funding for any and all ineligible costs for the Project; and WHEREAS, City will initially be the Contracting Authority for the grant but will not contribute funding for the Project; and WHEREAS, ECIA has signed Agreement No. 12 -TCSP -114 (Iowa DOT Agreement) with the Iowa Department of Transportation (Iowa DOT) as the sponsor of the Project on behalf of Loras; and WHEREAS, both the City and ECIA proposes to have Loras comply with the terms and conditions set forth in the Iowa DOT Agreement, as the subgrantee for and on behalf of the City and ECIA; and WHEREAS, the City and Loras desire to enter into this Subgrantee Agreement to set forth their respective responsibilities under the Iowa DOT Agreement. NOW, THEREFORE, the parties hereto do mutually agree as follows: SUBGRANTEE AGREEMENT CITY AND LORAS Page 2 SECTION 1. City shall initially assume the responsibility of the Contracting Authority for the Project and award the improvement contract for the construction of the Project. SECTION 2. Following the contract approval, the City shall issue a change order to the construction contract which would transfer the contracting authority jurisdiction to ECIA. SECTION 3. Loras hereby agrees to comply with all of the terms and conditions of the Iowa DOT Agreement for the Project that are applicable to the Recipient (as defined in the Iowa DOT Agreement), for and on behalf of City. SECTION 4. Loras shall be responsible under the Iowa DOT Agreement to pay the Project costs according to the procedure set forth therein as follows: (1) Loras hereby agrees to pay the required twenty percent (20 %) local contribution to the total Project costs, estimated to be $122,287.50, for the Project in accordance with the Iowa DOT Agreement. (2) Loras hereby agrees to pay eighty percent (80 %) of the total eligible Project costs, not to exceed $489,150.00, for the Project in accordance with the IOWA DOT Agreement, and then to request reimbursement for eligible grant expenditures from the Iowa DOT. (3) Loras hereby agrees to pay one hundred percent (100 %) of ineligible Project costs and all Project costs that exceed the estimated total Project costs of $652,000.00 or which are not reimbursed with or otherwise paid for by the funds specified in the Iowa DOT Agreement. SECTION 5. Should complications arise which would not allow City to issue a change order to the construction contract to transfer the contracting authority to ECIA, the following conditions shall apply: (1) City shall not be required to process any progress payments to the contractor for the Project until Loras has first deposited in an escrow account, upon request of City, funds sufficient to pay the costs of each such construction contract for the Project pursuant to an escrow agreement approved by City and in a form acceptable to the City. The escrow proceeds shall be delivered to an escrow agent in immediately available funds and held by the escrow agent as contemplated in the escrow agreement, pending disbursement as contemplated therein, in a federally- insured interest bearing account with a commercial bank or savings and loan institution. City shall be entitled to draw on such funds for the payment of the costs of construction as provided in the escrow agreement. The earnings on such account shall be deemed income of Loras. City shall make ,SUBGRANTEE AGREEMENT CITY AND LORAS Page 3 every reasonable effort to see that payment or reimbursement requests that are made to Iowa DOT are processed as quickly as possible. (2) To further secure Loras' obligations herein, Loras will create a second escrow entitled "security escrow" in form substantially similar to the security escrow agreement attached hereto. Unless otherwise agreed by the parties in writing, Loras shall fund the security escrow in an amount that at all times while this Agreement is in effect equals the cumulative amount reimbursed by Iowa DOT to City as provided in this Agreement and for which City would be liable to reimburse Iowa DOT in the event of a default under the Iowa DOT Agreement. The security escrow shall be maintained until the Project has been completed to the satisfaction of City's City Council and acknowledged in its resolution which acknowledgment shall not be unreasonably withheld. The security escrow proceeds shall be delivered to the security escrow agent in immediately available funds or in the form of alternative Security meeting the requirements of this Section. "Security" used herein means any publicly traded stock, bond or mutual fund, or a bank fund of publicly traded stock, bonds or mutual funds, the value of which is published in the Wall Street Journal on a regular basis. If Loras elects to deposit a Security, the value of the Security on the date of deposit shall be equal to 110% of the otherwise required cash deposit. If the value of the Security subsequently falls below the required 110% amount, Loras shall deposit additional Security or cash or cash equivalent within ten (10) days after it receives a financial report from the security escrow agent showing the decrease in value of the Security on deposit. The security escrow agent shall notify City of the deposit of Security and the value on the date of deposit, and also shall notify City of the current value of the Security on at least a monthly basis thereafter. Loras may substitute the Security from time to time at its election for another Security. If cash is deposited the security escrow agent shall invest in a federally insured interest bearing account with a commercial bank or savings and loan institution. All interest and dividends earned on the security escrow proceeds shall be paid to Loras when received. The security escrow may, at the discretion of Loras, be comprised of separate accounts at different institutions provided that the cumulative amount in the accounts equals the cumulative amount reimbursed by Iowa DOT or such other amount as City and Loras may agree. SECTION 6. Loras agrees to defend, indemnify and hold City harmless from and against any and all claims of any kind arising out of or related to this Subgrantee Agreement or the Iowa DOT Agreement, including but not limited to any claims seeking repayment of any funds granted by the Iowa DOT Agreement, other payments that may be required by the Iowa DOT, or any other claim by the Iowa DOT of default by City in the performance of the Iowa DOT Agreement. SECTION 7. This Agreement is not assignable without the prior written consent of City. SUBGRANTEE AGREEMENT CITY AND LORAS Page 4 SECTION 8. Loras shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the Project. Loras shall make such materials available at all reasonable times during the construction period and for three years from the date of final reimbursement, for inspection by City. Copies of said materials shall be furnished by Loras if requested. SECTION 9. Loras agrees to indemnify, defend and hold City harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this Project. SECTION 10. City shall immediately notify Loras of any notice, claim or declaration by IOWA DOT that City is in default of any of its obligations under the Iowa DOT Agreement. In that event, Loras shall have the right, on City's behalf, to defend against any such claimed default in any manner allowed by the Iowa DOT Agreement of Iowa law and to assert any of City's rights under the Iowa DOT Agreement or Iowa law in connection therewith. SECTION 11. City shall notify Loras in writing of any default under this Subgrantee Agreement. Before City may take any action to disburse any escrowed funds from the security escrow granted hereunder to City or pursue any other right of recovery against Loras, Loras shall have thirty (30) days after such notice to cure the default. However, and notwithstanding the above, in the event City notifies Loras of a notice, claim or declaration by the Iowa DOT that City is in default of any of its obligations under theIOWA DOT Agreement, Loras shall have an amount of time to cure the default equal to the amount of time the City has to cure the default claimed by the Iowa DOT. IN WITNESS WHEREOF, the parities have hereunto set their hands by proper person duly authorized, the day and year first above written. CITY OF DUBUQUE, IOWA LORAS COLLEGE By By Michael C. Van Milligen Ja ► s E. Collins City Manager P ident Date 67/V( Date May 30, 2012 RESOLUTION NO. AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE LORAS PARKWAY PCC PAVEMENT — GRADE AND REPLACE PROJECT IOWA DOT PROJECT NO. TCSP- PA27(003)- -9S -31 Whereas, said sealed proposals were opened and read by the Iowa Department of Transportation on the 17th day of April, 2012, and it has been determined that Horsfield Construction, of Epworth, Iowa, with a bid in the amount of $483,757.45 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Horsfield Construction, Inc., subject to the concurrence by Iowa Department of Transportation (Iowa DOT), and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this Attest: Kevin S. Firnstahl, City Clerk day of , 2012. Roy D. Buol, Mayor NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE LORAS PARKWAY PROJECT NOTICE IS HEREBY GIVEN: The City Council of the City of Dubuque, Iowa will hold a public hearing on the proposed plans, specifications, form of contract and estimated cost for the Loras Parkway Project, in accordance with the provisions of Chapter ' 26, Code of Iowa, at 6:30 p.m., on the 4th day of June, 2012, in the Historic Federal Building Council Cham- bers (second floor), 350 West 6th Street, Dubuque, Iowa. Said proposed plans, spe- cifications, form of contract and estimated cost are now on file in the office of the City Clerk. At said hearing any interested person may appear and file objections thereto. The scope of the Project is as follows: Complete roadway removal and replace- ment along with sidewalk, pedestrian streetscape and land- scaping improvement. Any visual or hearing - impaired persons need- ing special 'assistance or persons with special accessibility needs should contact the City CLerk's office at (563) 589 -4120 or TDD at (563) 690 -6678 at least 48 hours prior to the meeting. Published by order of the City Council given on the 21st day of May, 2012. Trish L. Gleason, Assistant City Clerk „115/25 STATE OF IOWA {SS: DUBUQUE COUNTY_ CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 25, 2012, and for which the charge is $17.39. Subscribed to before me, a) otary Public in and for Dubuque County, Iowa, this day of , 20 0�_, . otary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER CommIgglon Number 154885 M 060. Exd, F58 1 2014