HomeMy WebLinkAbout1977-06-14 ResolutionB
RESOLUTION NO. 77-187
RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class
"C" Beer Permit Application is hereby approved for the following named per-
son or persons at the following described locations,
McRo, Inc. dba/Whiteway Super Market, 212 S. Clinton St.
said approval shall be subject to any conditions or restrictions hereafter
imposed by ordinance or state law.
The City Clerk shall cause a recomaendation for approval to be endorsed
upon the application and forward the same together with the license fee,
surety bond and all other information or documents required to the Iowa Beer
and Liquor Control D.ppartment.
It was moved by Selzer and seconded by Perret that the
Resolution as read be adopted, and upon roll call there were,
Balmer
deProsse
Foster
eu auser
erre
—=e zer
evera
AYES: NAYS: ABSENT:
x
x
x
x
x _
Passed this 14th day of June , 19 77
1220
U
RESOLUTION NO. 77-188
RESOLUTION APPROVING CLASS C
LIQUOR CONTROL LICENSE APPLTMnN
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class C Liquor Control License application
is hereby approv�7or the following named person or
persons at the following described location:
David L. Alberhasky dba/Foxhead Tavern, 402 E. Market St.
Said approval shall be subject to any conditions I or re-
strictions hereafter imposed by ordinance or State law.
The City Clerk shall cause a recommendation for approval
to he endorsed upon the application and forward the same
together with the license fee, certificate of financial
responsibility, surety bond, sketch of the premises and all ,
other information or documents required to the Iowa Beer
and Liquor. Control Department.
It was moved by Selzer and seconded by Perret
e
that the Resolution as read badopted, and upon roilcaTr
there were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Foster x
Neuhauser x
Perret x
x
Selzer
Vevera
Passed and approved this
14th day of
x
June
1977
22/
0 0
RESOLUTION NO. 77-189
gESOLUTION To ISSUE CIGARETTE PERMITS
WHEREAS, the following firma and persona have made application, filed the
bond, and paid the mulct tax required by law for the sale of cigarettes and
cigarette papers; therefore,
HE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications
be granted and the cigarette bond now on file in the office of the City Clerk be
and the same are hereby approved, and the City Clerk be and he is hereby directed
to issue a permit to sell cigarette papers and cigarettes to the following named
persons and firms:
See attached list for 1977-75 permits
It was moved by Sell and and seconded by Perr t
.that the Resolution as read be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
Balmer X
deProsse X
Foster x
Neuhauser x
Perret X
Selzer X
Vevera X
Passed this 14th day of June , 19 77
1222
CIGARETTE PERMITS - July 1, 1977 through June 30, 1978
78-1 - Colonial Bowling Lanes, 2253 Highway 218 South
78-2 - Law Center, U. of Iowa, Ferson Ave.
78-3 - Dormitories and Dining Services, Burge Hall, U. of
78-4 - Currier Dining Service, U. of Iowa
78-5 - Hillcrest Dining Service, U. of Iowa
78-6 - Quadrangle Dining Service, U. of Iowa
78-7 - Eagle Discount Supermarket #157, 600 N. Dodge St.
78-8 - Eagle Discount Supermarket #220, 1101SRiverside Dr.
78-9 - May's Drug Store #198, 1101S.Riverside Drive
78-10 - The Airliner, 22 S. Clinton
Iowa
78-11 - Holiday Stationstore #92, Highway 6 and Rocky Shore Dr.
78-12 - Walgreens, 1646 Sycamore St.
78-13 - Pester Derby Oil Co., 606 S. Riverside
78-14 - Imperial Service Station, 1854 So. Riverside Dr.
78-15 - George's Buffet, Inc., 312 Market St.
78-16 - Sears, 1600 Sycamore St. (Iowa Vending Co., Marion)
78-17 - Iowa City Sav-Mor (Krause Gentle Oil), 1104 So. Gilbert St.
78-18 - Pearson's Drug Store, Inc., 202 N. Linn
78-19 - Quik Trip #503, 123 W. Benton
78-20 - Quik Trip #509, 225 S. Gilbert
78-21 - Needs, 18 S. Clinton
78-22 - Aldi Discount Foods #305, 903 Hollywood
78-23 - Randall Mini Price Foods, 1851 Lower Muscatine Rd.
78-24 - Foxhead Tavern, 402 E. Market St.
78-25 — Hamburg Inn No. 2, 214 N. Linn
78-26 - Dividend Bonded Gas, 302 So. Dubuque St.
78-27 - Amelon's Skelly Service, Inc., 204 N. Dubuque St.
78-28 - Hamer, Ltd., 1021 Gilbert Ct.
78-29 - Whiteway Super Market, 212 South Clinton St.
78-30 - Seaton's Cash & Carry Market, 1231 Muscatine Ave.
78-31 - The Annex, Inc., 819 First Ave.
W
/Z2Z
RESOLUTION NO, 77-190
RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT
OF LOVETINSKY SUBDIVISION
WHEREAS, A preliminary and final plat of the Lovetinsky Subdivision
to Johnson Ccu nty, Iowa, has been filed with the Clerk of the City of Iowa
City, Iowa and after consideration of the same, was found to be in accordance
with the provisions of the laws of the State of Iowa and the ordinances of the
City of Iowa City, Iowa, by the Iowa City Planning and Zoning Commission ,
and,
WHEREAS, a dedication by Robert G. Lovetinsky, Sr, and Juanita M.
Lovetinsky, husband and wffe, has been entered into which provides for the
future dedication for the extention of Scott Blvd. , should the area be annexed
by the City of Iowa City, Iowa,
NOW, THEREFORE, be it resolved by the City Council of Iowa City, Iowa,
that the said preliminary and final plat of the Lovetinsky Subdivision to Johnson
County, Iowa, be and the same is hereby acknowledged and approved on the
part of Iowa City, Iowa. The mayor and the City Clerk are hereby directed to
certify the Resolution of approval and affix same to said plat as by law provided
to the end that the plat may be recorded.
The foregoing resolution was moved by Selzer
seconded by Foster at a duly convened meeting of the
City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa,
on the 14th day of Jump 1977, commencing at 7.10 o'clock,
P.M. Upon roll call, the following vote was taken.
Balmer:Aye Nay: Absent: x
DeProsse: Aye X Nay: Absent:
Foster: Aye x Nay: Absent:
Neuhauser.-, Aye Nay Absent: x
Perret: Aye X Nay Absent;
Selzer: Aye X Nay Absent:
Vevera: Aye Nay Absent: X
The foregoing is hereby duly certified by Abbie Stolfus, City Clerk of Iowa
City, Iowa, as a true and exact copy of a resolution of the City Council of Iowa
City, Iowa, made at a regular meeting held
onn/ t//hel4th day of June 1997,
Abbie Stolfus, City Cle of Iowa City, Iowa.
Passed and approved this 14th day of June 1977.
&4W
/J)( / Carol deProsse, 'Mayor Pro Tem
ATTEST:_ ,L' i�t ••�(.�LL �i
Abbie Stolfus, City Plerk
Received & Approved
By The Legal Department
12
N1
0
RESOLUTION NO. 77-191
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH SHIVE-HAMRY $ ASSOC. FOR BRIDGE DESIGN
WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement
with Shive-Hatterand Associates , a copy of said
being attachedto s Resolution and s reference made a
and,
WHEREAS, the City Council deems it in the public interest to enter
into said agreement for preliminary investigation, design and
construction inspection of the Iowa Avenue Bridge over the Iowa River.
the Governor Street Bridge over Ralston Creek and the Court and Muscatine
Bridge over Ralston Creek,
NOW, TIIEIWORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized arca directed
to execute the agreement with Shive-Hattery and Associates
2. That the City Clerk shall furnish copies of said agreement
to any citizen requesting same.
It was moved by
Selzer and seconded by Foster the
Resolution be adopted,
call there were:
AYES: NAYS:
ABSENT:
—
X Balmer
X
—
deprosse
X
Foster
_
X Neuhauser
X
Ferret
X
Selzer
_
X Vevera
Passed and approved this 14th day of .Time , 1977-
Makro em
A4TF�'P:
City Clerk
Recaivod d /Approved
By Tho Legal Department
%12
/X38
AGREU!r"NT ia., iubUS are availablat the Citl'
Cierk's Of.tice.
7rMs Agrcc.:nt, nk.da and uitcrr_.rl into this cl;ty of -;,< , .19 7L,.
by and between the City of Iawa City, a municipal referred
to as the City and Shive-Hattery and Asso: iaLes of Ia:rt City, Iola harcinaft.cr
referred to as the Consultant.
Naw therefore, it is hereby agreed by and between the pxlyd.c:s hereto that the
City dos retain and e; -,ploy the said Consultant to act for and rcpresent it in all.
irvitters involved in the terms of this Agreer:ent. Such contract of cuployr.=n'c to be
subject to the following terms and conditicrs and stipulations, to wit:
Consultant shall not comnit any of the follawing enploynent practices and agrees
to prohibit the following practices in any subcontracts.
C To discharge from employn—.nt or refuse to hire any
individual because of their race, color, religion,
sex, national origin, age, disability, wzLrital
status, sexual orientation or creed.
b. To discriminate against any individual in term,
conditions, or privileges of cloyment because of
their race, color, religion, sex, national origin,
age, disability, marital status, sexual orientation
or crud.
I SCOPE OF SERVECES
In December of 1976, Shive-Hattery and Associates Consulting Engbieers oaapl.eted a
bridge inspection on the load capacity of Iaa City bridges. Three of the bridges
.named in that study, Bridge M. 19, Iowa Avenue, Bridge No. 95, Governor Street, and
Bridge No. 50, Muscatine and Court Street, need to be either replaced or rehabilitated.
'1'nis Scope of Services shall define the work to be done by the Consultant for these
three projects. The Scope of Services shall include a preliminary phase, a design
phase, and a constriction phase which are further defined below:
-Preliminary Phase
Bridge No. 19, Iowa Avenue Bridge and Bridge No. 95, Governor St. - In this
phase the Consultant will prepare a brief report outlining in detail tIn
exact remedial measures proposed. 'ihe Consultant will inspect- the site
with the City Engineer and review the proposed %mrk. One Consultant will
review any construction plans for this bridge that the City has on file.
Meetings and contacts with various approving and regulatory agencies and
with any utility companies will be done by the Consultant.
Bridge No. 50, Court and Pluscntine - Tee Consultant shall prepare a report
outlining the cost and advantages and disadvantages of rehabilitation vs.
replacement of the stricture. The Consultant will confer with the City to
review the basic plan proposed by the Consultant and will inspect the site
with the, City Fhgineer and Public Works Director. Meetings and contacts
with various approving and regulatory agencies and with any utility companies
will be done by the Consultant. The Consultant shall be responsible for
contact with private land awners. The preliminary plan shall shave elevations,
cross-sections, flood flows, utilities, property lines, traffic signal
layout, turning lanes, and other appropriate design criteria.
For All Projects - In this preliminary phase the Consultant will prepare two
sets of a preliminary study and design of each project which will be
submitted for review and approval of the City and other required approving
agencies. Preliminary cost estimates for each project and alternates will
be presented.
Design Phase
After City approval of tate preliminary design and cost estimate and upon written
notice to proceed, the Consultant will begin the design phase which will include:
Ft. preparation of detai.lod contract drawings;
b. prcpiration of sfx ci.fications, and contract doctrrents. 77ie Consultant will
inr;uro '. haL ti:Er contract dL)M-Tent* maet ell rccp: scmenL of the Ci Ly's
affilzn:t .ve acLicm and equal opporti.mity program. The Consultant will
/238
coordinate wi the llunun Rel ations re-pahi,icnLt :insure that all rciquri.rod
nan-d.iscridnntion and equal opy rLuniL-y slitriusnts or affirma Live. action
projrwrs are incll:ded in the Contract da:- unents;
C. furn:ishirhg the City with two (2) copies of the sp;:c.ifications and co.iLract
drawings for a final review by t1n, City. lire Consultant will obtain
project approval frcnh other agencies aft^ -h: City :rovica and approval.
d. preparation of a final cbnstrvcL-ion Cost estimaLe upon cc:rolction of final
design, rais Construction Cbi;,L estimate will inel.ud•_ a bidding contingency
of ten pzrcont.
If the ladest bona fide proposal or bid cxc•3eds the established Construction
Cost limit, City shall (1) give. written approval to increase such cost
limit, (2) authorize negotiating or rebidding the Project within a .reasonable
time, or (3) cooperate in revising the Project- scope or quality. In the
case of (3), Consultant shall, without additional charge beyond the ma�Limhm
cost defined in this agreement, modify the Contract Documents as necessary
to bring the Construction Cost within the cost limit. The providing of
such service will be the limit of Consultant's responsibility in this
regard and, having done so, Consultant shall b^ entitled to payment for his
services in accordance with this Agreement.
Construction Phase
The Consultant will provide the following services under this phase upon written
notice from the City:
a. assist the City in securing bids and provide bid documents for contractors.
The bid docwr?nts for this phase are not a reimbursable expense;
b. tabulation and analysis of bid results and furnishing reccnnr'ndations on
the award of the construction contracts;
C. assistance on the preparation of the formal documents for the award of the
contracts;
d. aconsult and advise the City during construction relative to this project.
C. preparation of elementary sketches and supplementary sketches required to
resolve actual field conditions encountered;
f. checking detailed construction drawings and shop and erection drawings
submitted by contractors for compliance with design concept; and
g. reviewing laboratory reports, materials and equipment.
h. In addition, the Consultant will do the following field engineering:
make periodic visits to the site to observe as an experienced and qualified
design professional the progress and quality of the executed work and to
determine in general if the work is proceeding in accordance with the
Contract Documents; he shall not be required to make exhaustive or continuous
on-site inspections to check the quality or quality or quantity of work; he
shall not be responsible for the rx-ons, methods, techniques, sequences or
procedures of construction selected by contractor(s) or the safety pre-
cautions and programs incident to the work of Contraetor (s). His efforts
will be directed toward providing assurance for City that the canpleted
Project will conform to the Contract Documents. During such visit, and on
the basis of his on-site observations he shall keep City informed of the
progress of the work, shall endeavor to guard City against defects and
deficiencies in the work of contractors) and ray disapprove or reject quark
as failing to conform to the Contract Documents. Such site visits are not
intended to take the place of technical observations by a Itesident Project
Representative which may be provided in addition to the above by the City
or the consultant in accordance with the "Special. Services" description
listed belay. The Consultant shall determine the amounts voxel to the
Contractor and shall issue certificates of payment in such a manner as to
cxnply with the provisions of Chapter 573 of the Code cc the State of Iaaa.
glue issuance of: a certificate of payment shall constitute a representation
by the Consultant to the City that work has progressed to the paint
indicated and that to the best of the Consul.t<uat's knowledge the quality of
the a•:ork is in accordance with the construction Contract Wzlments;
i. mtLce a f:ihmal•Lsctioa rcport to the City cgx,i CoaphUticn of Lhe project;
j. the Consultlnt and the City shall discuss .inb:;rm_•c-LaCio-s of the rc+luire-
ments of: the construction contract documiniLs. 'Jhe Corsul'ca;it shall. have
the authority to act on behalf of the City; howL-v_.r, ,`.anal. di.cisions on any
matter shall rest- \gith the City; and
k. the Consultant shall have the authority to reject cork which cio_s not
conform to the contract doctor pts. 11110 COnsuaiant shall prccoss change
orders. Change orders shall b clime effective only after. Lhey have been
signed by the City's representative.
Sp_cial Services
Upon request Uhe Consultant agrees to furnish sfx:cial services. Such sp=ci.al
services may include:
C soil investigation, including test torvhgs, related analysis and recomrr-
mendations;
b. land surveys, title and casement searches and descriptions of bcvinthari.es
and monuments and related office confutation and drafLings;
C. technical observation by a resident Project Representative and supporting
staff as reg fired who will observe the work for cunpliance with Contract
Doaunents, and provide construction record drawings of the completed
projects. Specific duties shall include but not be limited to (1) setting
of lines and grades as construction proceeds; (2) revision of contract
drawings to shad location and nature of improvements as actually constructed;
(3) provide services in accordance with Exhibit "A", "Duties, Respo-nsibilities
and Limitations of the Authority of Resident Project Representative". Note
that Exhibit "A" is a standard NSPE contract document and the term Engineer
shall mean Consultant and the term Cwner shall. mean City for the purposes
of this agreement; and
d. assist the client as expert witness in litigation arising from the develop-
ment or construction of the project and in hearings before various approving
and regulatory agencies.
II TIME OF CU-2LETION
The Consultant will complete the phase of this project within the times listed below:
Preliminary Phase - 45 days after signing of this contract.
Design Phase - The design phase of the project shall the done in the following
times:
Bridge No. 19 & 45 - .120 clays after approval of the preliminahy phase.
Bridge No. 50 - 120 days after completion of the preliminary phase.
Construction Phase - The Consultant shall include appropriate construction times
in the job specifications.
III GINERAL TER49 0
1. Should the CoLsultz'nt or. the City terminate the contract, said Consultant shall
be paid on the basis of direct personal expense as herein attached times
multiplier for the various classes of personnel actively engaged on the project
for all work completed and for all work and services performed up to the time of
termination; however, such sums shall not exceed the "not to exceed" amounts
listed in Section IV. Either party way terminate this Agreement upon five (5)
days notice.
2. This Agreement shall be binding upon the successors and the assigns of the
parties hereto; provided, hawever, that no assignment shall be mzde without the
written consent of all parties to said agreemrnt.
3. It is understral and agreed that the employment: of the Oonsultant by time City
for the purjy;-es of said project sha.11 lic exclusive, but the ConsulEmnL shall
h we the right to employ sudh ass.istanco as xray be required for the pa fornance
or the project. Saul O.xlsultsnt shall b-- resgxins1ble for the cpm -hsatlon,
insurance and all cicr.ical. cleta:il involved in their cpnrlo}spent.
4. It is agrc-ell by thCity that all rex)rds z.::d fil O eta ing to information
needed for said project will be mach available by s.iid City ulrjn rcxluesL- of the
Consultant. the Cibf agrees to furnish all reasoruble assistance in t:hn use of
these rec rds and files.
,. It is further agreed that no p arL-y to this 7,grcajit�nt will lxarfo.rm contrary to
any State, Federal or County lea or any of the Ordinances of the City of Toaa
City, Ia.va.
G. ''Ae Consultant shall aLtend such rraetings of the City Council relative to the
work set forth in Lhis contract as may ba requested by the City. Any rc?uire-
melts made by the City shall be given with reasonable notice to the Consultant
so that he/she may attend.
/. The Consultant agrees to furnish, upon tranination of this T.greenlant and upon
de -nand by the City, copies of all basic notes and sketches, charts, ccrir_�utal-ions
and any other data prepared or obtained by the Consultant pursuant to this
Agreement, without cost and without restriction or limitation as to their use
relative to the specific projects covered under this agreement. 'he Consultant
shall not liable for use of such documents on other projects.
8. The Consultant agrees to furnish all reports and/or drawings with the seal of a
Professional Engineer or Architect affixed thereto where such seal is required
by law.
9. The City agrees to tender to the Consultant all fees and nnney in accordance
with the schedule that follows except that failure by the Consultant to satis-
factorily perform in acoordance 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 Agreeient.
10. Should any section of this contract be found to be invalid, it is agreed that
all other sections shall remain in full force and effect as though severable
from the part invalid.
11. original contract drawings shall be modified to reflect "as built" conditions
and shall become the property of the City. The Consultant shall be allowed to
keep mylar reproducibles for his files and use.
12. Direct Personal Expense for the purposes of this contract shall be defined as
hourly wage plus retirement and fringe benefits. Said Consultant shall, upon
demand, furnish receipts therefore or certified copies thereof.
13. 123cords of the Consultant's Direct Personal E.ti-p_nse, Consultant EY :ense and
Reimbursable Expenses pertaining to the Project, and records of accounts betaveen
the Omer and the Contractor, sliall be kept on a generally recognized accounting
basis and shall be available to the Amer or his authorized representative at
mutually convenient tines.
14. All reimbursable outside expenses are in addition to the fees for Dasic Services
and include actual expenditures made by the Consultant, his employees, or his
consultants in the interest of the Project for the foll.oaring incidental expenses
listed:
a. Rxpense of transportation and living when travelling in connection with the
Project, for long distance calls, and telegrams for'wctraordinary work
required by the owner.
b. F.rpense of reproduction, postage and handling of Drawings and Specifications,
excluding copies for Consultant's office use.
C. Fees paid for securing approval of authorities having jurisdiction over the
project. Fees paid by the Consultant for special consultants employed with
City's approval for services other than those defined in this contract.
15. It is agreed that the Department of Housing and Urban Mvelopnent, the Comptroller
General of the United States, or auy other duly authorized representative shall
im�ve access to any books, documents, papers and records of the Consultant which
aro directly pxrt.inent. to this specific contract for the purpose of m-nking
audit• -examination exemts and transcriptions.
1G. 71ne Consultant shall assist and be present for any preparation of letting or
analysis of oontrict daaling with said project.
. W CxYiPP SPa•Iad FO ? *[CFS
�J
711e City agrees to cxiy for sorvices stated in this contract on the bl.^,is of line
foll(a, ulg fc>=s:
Prelim nem Phase - 1ne CorsulLant shall be purl a fce based a r)n 2.2 x Direct
Personal Expense. The total fee for the Prol.irtinary Phase shall riot- cxce,d
$7000.
Design and a)nstruct:ion Phase - Doe to the difficulty cif deLermurinj die exact
scope of the work prior to completicxn of Prelimilktry Phase; Design and
Construction Phase fces will be na- olaLed after coi(iolcLion and axeptance
of the Preliminary Phase.
S22cia1 Servioes - Special services shall be carpensated in the follo.aing
manner
(a) Soil testing services at approved flat rates as aL-tachxl in Exhibit B
to this contract. Analysis of data shall be at a rate of 2.2 x
Direct Personal Expense.
(b) Full-time project representation shall be crinpensated at a fee based
upon 2.2 r. Direct Personal );+.Tense.
The Direct Personal Expense of all personnel classifications associated with this
project shall be attached as Exhibit C. The City agrees to reimburse the Consultant
for outside expense at cast. The Consultant shall furnish receipts of x.11 outside
expenses upon request.
The "not to exceed" figures listed in this section refer only to Direct Personal
Expense and do not include reimbursables. Reimbursable expanses are above and beyond
the "not to exceed" figure.
All fees will be billed and due payable monthly. With each billing the Consultant:
shall .list the individual, the hours worked, and the hourly rate. Billing shall be
broken dam into the following categories:
Bridge No. 19 - Preliminary Phase
Design and Construction Phase
Special Service (detailed)
Bridge No. 45 - Preliminary Phase
Design and Construction Phase
Special Service (detailed)
Bridge No. 50 - Preliminary Phase
Design and Construction Phase
Full-time Project Inspeaction Phase
Special Services (detailed)
All provisions of this Agreement when not specifically defined shall be recarciled in
accordance with the highest ideals of the Engineering and Architectural Profession.
The undersigned do hereby state that this contract is executed in triplicate, as
though each were an original and that there are no oral agreenents that have not been
reduced in writing in this instrument.
It is further stated that there are no other consideration or monies contiurgent upon
resulting from the execution of this contract nor have any of the above been applied
by any party to this tlgreenent.
FOR WE CITY: FOR Till; COVSULTAN'1':
�rJ.J1�-Q, IBJ ' � �h-O'�/u� , ray-/ •- •'��( !(/�T!
XUBMT: ATTEST:
RECEIVED fc APPROVED
DY Ti{g I1'1^1u
"EXHIBIT "A"
Exhibit"'A" to Standard Form of Agreement
Between Owner and Engineer for Professional Services
(NSPE 1910-1-A, 1974 Edition)
Duties, Responsibilities and Limitations bf the Authority of Resident Project Representative
A. General.
Resident Project Representative is ENGIN'EER's Agent and shall act as directed by and under the supervision of
ENGINEER. He shall confer with ENGINEER regarding his actions. His dealings in matters pertaining to the
on-site Work will in general be only with ENGINEER and CONTRACTOR. His dealings with subcontractors
will'only be through or with the full knowledge of CONTRACTOR or his superintendent. He shall generally
communicate with.OWNER only through or as directed by ENGINEER.
B. Duties and Responsibilities.
Reiident Project Representative shall:
I.. Schedules. Review the progress schedule, schedule of Shop Drawing submissions, schedule of values and other
schedules prepared by CONTRACTOR and consult with ENGINEER concerning their -acceptability.
2. Conferences: Attend preconstruclion conferences. -Arrange -a schedule of progress meetings and other job confer-
ences as required in,consullation with ENGINEER and notify in advance those expected to attend. Attend meet-
ings. and maintain and circulate copies of minutes thereof.
3. Liaison:
a. Serve a.c ENGINE'ER's liaison with CONTRACTOR, working principally through CONTRACTOR's superin-
tendent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving as
OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on-site operations.
b. As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when
required at the job site for proper execution of the Work.
c. In the interest of preserving the proper channels of communication, advice ENGINEER of any direct
communication -between -OWNER and CONTRACTOR.
4. Shop Drawings and Samples.
a. Receive and record-date-of-receipt-of_Shop..Drawings.andsamples_which have been approvcd_by ENGINEER.
b. Receive samples which arc furnished at the site by CONTRACTOR for ENGINEER's approval, and notify
ENGINEER of their availability for examination.
c. Advise ENGINEER and CONTRACTOR or his superintendent immediately of the commencement of any
Work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER.
J. Review of Work, Rejection of -Defective Work, Inspersions and Tests:
a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining that the Project is
proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract
Documents.
b. Report to ENGINEER whenever he believe; that any Work is unsatisfactory, faulty or defective or does not
conform to the Contract Documents, or has been damaged, or docs not meet the requirements of any inspections.
tests or approvalx required to be made: and advise ENGINEER when he hclicvcs Work should be corrected or
rejected or shmtld be uncovered for observation, or requires special testing or inspection.
c. Verify that tests. equipment and syslemi startups and operating and maintenance instructions arc conducted as
required by the Contract Documents and -in presence of the required personnel, and that CONTRACTOR main-
tains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test
procedures and startups.
d• Accompany OWNER and visiting inspectors representing public or other agencies having jurisdiction over the
Project, record the outcome of these inspections and report to ENGINEER.
O 1974 by National Society of Professional Engineers, 2029 K St., N.W., Washington, D.C. 20nnfi
NSPE Publication No. 1910.1-A
1974 Edition
1.2-39
6. Interpretation of Contract Documents: Transmit to CONTRACTOR clarification and interpretation of the Con.
tract Documents as issued by ENGINEER.
7. Modifications. Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Speciftea'-
tions and report them with recommendations to ENGINEER. .
8. Records:
a. Maintain at the job site orderly files for correspondence. reports of job confercnus. Shop Drawings and
sample subdtission.s, reproductions of original Contract Documents including all addenda, change orders, field
orders, additional Drawings issued subsequent to the execution of the Contract. ENGINEER's clarifications and
interpretations of the Contract Documents, progress reports and other Project -related documents.
b. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of
extras or deductions, list of principal visitors,.daily activities, decisions. observations in general and specific obser-
vations in more detail as in the case of observing test procedures. Send copies to ENGINEER.
c. Record names, addresses and telephone numbers of all CONTRACTORS. subcontractors and major suppliers
of equipment and materials.
d. Advise ENGINEER whenever CONTRACTOR is not currently maintaining an up -to -dale copy of Record
Drawings at the site.
9.• Reports:
a. Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's
.compliance with the approved progress schedule, schedule of Shop Drawing submissions and other schedules.
b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the
Work.
10. Payment Requisitions: Review Applications for Payment with CONTRACTOR for compliance with the estab-
lished procedure for their submission and forward them with recommendations to ENGINEER. noting particu-
larly their relation to the schedule of values, work completed and materials and equipment delivered at the site.
11. Guarantees, Certificates, Maintenance and Operation Manuals: During the course of the Work verify that guar -
tees. certificates, maintenance and operation manuals and other data required to be assembled and furnished by
CONTRACTOR are applicable to the items actually installed: and deliver, these data to ENGINEER for his
review and forwarding to OWNER prior to final acceptance of the Project.
12. Completion: ;
a, Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a'list of
observed items requiring correction.
b. Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final
list of items to be corrected.
c. Verify that all items on final list have been corrected and make recommendations to ENGINEER concerning
acceptance. .
C. Limitations of Authority.
'Except upon written instructions of ENGINEER, Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment.
2. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superin-
lendent.
3. . Shall not expedite Work for the CONTRACTOR.
4. Shall not advise on or issue directions relative to any aspgct of the means, methods, techniques, sequences or pro-
cedures of construction unless such is specifically called for in the Contract Documents.
5. Shall not advise on or issue directions as to safety precautions and programs in connection with the Work.
6. 'Shall not authorize OWNER to occupy the Project in whole or in part.
7. Shall not participate in specialimd field or laboratory tests or inspections conducted by others.
S 1t6 • "EXHIBIT B"
SHIVE-HATTERY & ASSOCIATES
CONSULT/fVG Cri+fPJC6f75
SCHEDULE OF GENERAL, FIELD AND LABORATORY FEES
I
APRIL 1, 1977 THROUGH JUNE 30, 1977
GENERAL
Mobilization Charges - Based on round trip mileage
Private Automobile or Auxiliary Vehicle $ .15/mile
Drill Rig (Minimum Charge = $100.00) $1.25/mile
Rental Equipment Cost + 15%
Per Diem Rate (Charge if site is more than
40 miles from nearest office), per individual $20.00/day
Boring Location.Survey $35.00/hour
Stand -By Time, in excess of normal set-up time, as a result
of clients request or action $50.00/hour
All Terrain Vehicle, Specialized Drilling Equipment,
Equipment for Moving Drilling Equipment at Site, Permits, etc. Cost + 15%
SOILS —FIELD
Auger Drilling -. Hollow Stem Augers
Structure Boring - Utilizing Standard Penetration Test
(2 1/2 intervals to 15', 5' intervals to 50', 10'
intervals thereafter)
0' - 25' $4.70/ foot
25' - 50' $5.20/ foot
501+ $6.00/ foot
Auger Drilling - Solid Augers
Profile Boring - Samples at 5' intervals to 50', 10'
intervals thereafter
0' - 25'
25' - 50'
50'+
$4.20/ foot
$4.70/ foot
$5.50/ foot
CEDAR RAPIDS DAVENPORT DES MOINES DUBUOUE FT MADISON IOWA CITY VINTON
Profile Boring - Without Samples
0' - 25'
25' - 50'
50'+
Profile Boring - To define top of rock and water
table only
0' - 25'
25' - 50'
50'+
Hourly Rates -
Drill rig and one technician
Drill rig and two technicians
Auger Drilling - Through weathered rack or material
consisting primarily of broken rock, concrete, rubble
fill, etc.
Rock Bit Drilling
Rock Coring, NWX Size
Set Up/Boring
Drilling
Requiring use of auxiliary water source, additional
Sampling and Testing -
Additional Standard Penetration Tests
Shelby Tube ("Undisturbed"), 2" or 3" diameter
Large Volume'Bag Sample
Rimac Unconfined Compression Value
Hand Penetrometer Value
Vane Shear Value, Torrane
Seismic Refraction -Testing
Equipment Cost
Testing
Slotted Well Point Installation, in drilled bore hole
Set Up/Well Point
Material Cost
SHIVE•IIATTERY & ASSOCIATES
$3.70/foot,
$4.20/foot
$5.00/foot
$3.20ifoot
$3.70/foot
$4.50/foot
$40.00/hour
$50.00/hour
$10.00/foot
$12.A.0/foot
$30.00/each
$15.00/foot
$25.00/day
$12.50/each
$10.00/each
$15.00/each
$3..50/each
S I.: 00/each
$5.00/path,
9100.00/day
$75+00/each
$60.00/each
$2.50/foot'
SOILS - LABORATORY
Shelby Tube Extrusion, Sample Preparation, and Logging
Natural Moisture Content
Dry Unit Weight, Shelby Tube Specimen
Atterberg Limits
LL, PL, PI
SL
Mechanial Analysis
Hydrometer
Sieve
Sieve, Washed Over #200
.Combined Hydrometer/Sieve
Specific Gravity
Unconfined Compression Testing
' Soil
-_
W/O' Stress - Strain Curve
W/Stress - Strain Curve
Rock, including cutting and capping
Compaction Testing (Proctor)
Standard
Modified
Relative Density, Maximum/Minimum
Californ.ia Bearing Ratio (single point)
Consolidation -Testing, including e-- -log p -curve
Loading Cycle - 1/4, 1/2, 1, 2, 4, 8, 16 tsf.,•typical
Unloading Cycle - 8, 4, 1 tsf, typical
Additional Load or Unload Increments
Time Ratio Curve, Per Load Increment
Triaxial Testing
Unconsolidated - Undrained (Q) - 3 Specimens/Test
Consolidated - Undrained (R) - 3 Specimens/Test
Consolidated - Drained (S) - 3 Specimens/Test
Additional for Pore Pressure Measurements
Permeability Testing
Falling Head or Constant Head
SHIVE-HATTERY S ASSOCIATES
$5.00/each
$2.00/each
$2.00/each
$22.00/set
$15.00/each
$22.50/each
$20.00/each
$25.00/each
$37.50/each
$20.00/each
$7.00/each
$15.00/each
$25.00/each
$60.00/each
$65.00/each
$65.00/each
$65.00/each
$150.00/each
$50.00/each
515:00/each
$12.00/each
$160.00/test
$2.10.00/test
$260.00/test
$150.00/test
$65.00/each
-4-
r,�
Rock Quality Designation (RQD) Determination $5.00/each
Remolded Sample for Test Purposes 515.00/each
Unified or AASHTO Classification, Additional to -Required Testing $2.00/each
pH Determination $7.00/each
Sulfate Determination $15.00/each
Other Chemical Contents On Request
MATERIALS - FIELD
Coring of Concrete or Asphalt
Equipment Cost (per inch diameter per inch core) $1.25
Generator or Water Source $15.00/day
Swiss Hammer, Compressive Strength $10.00/test
Nuclear Densometer
Equipment Cost $5.00/hour
$100.00/week
Pachometer (size and location of reinforcing steel)
MATERIALS - LABORATORY
Concrete -
Cylinders (6" x 12" Nominal)
Mold
Break, including curing, capping, and reporting
Hold, cured but not broken
Unit Density
Mix Design
Certification of existing design
Trial Batch, including 6 test cylinders and molds
Cut'Specimen
Absorption
Unit Density
Trimming
Break, including curing, capping and reporting
Block Testing
Single Block _ Break
Prism : Break
Absorption
Net Area Determination
SHIVE•HATTERY &ASSOCIATES
$25.00/day
$ .60/each
$4.30/each
$3.00/each
$1.00/each
$90.00/each
$60.00/each
$110.00/each
$10.00/each
$9.00/each
$7.50/cut
$10.00/each
$15.00/each
$20.00/each
$10.00/each
$15.00/each
-S-
0
Beam Testing
Flexural Strength, including net area
determination $20.0Q/each.' '
Molding Equipment
$4.00/each ,"" ;
Asphalt -
Flash Point Determination
$35.,00/each
Extraction
$45.00/each
With Gradation
$60.00/each
Marshall Density (3 specimens), mix provided
$13.00/each
Cut Specimen
Unit Density
$9.Q0./each
If more than 3 specimens
$6.00/each
Roofing Sample, Quantitative
$75.00/each
MISCELLANEOUS INSPECTION
Caissons, piling, or earthwork inspection will be
charged utilizing standard
hourly rates of required technical personnel, including
travel time. Equipment
costs will be charged at the rates outlined above.
Additional or special testing rates will be quoted
on request.
SHIVE•IIATTERY & ASSOCIATES
0
N
SHIVE-HATTERY & ASSOCIATES
CONSULTING ENGINEERS
HIGHWAY 1 8 1.80 P.O. BOX 1050
IOWA CITY, IOWA 52240
TELEPHONE: (319) 3543040
"EXHIBIT C"
Agreement Between City of Iowa City and Shive-Hattery and Associates
Bridge Repair/Replacement Projects
Direct personnel expenses for Shive-Hattery E Associates personnel, for the
period from April 18, 1977 to June 30, 1977 are listed below, in accordance
with Item 12 of the GENERAL TERMS.
1
CLASSIFICATION
Grade 8 Engineer
Grade 7 Engineer
Grade 6 Engineer.
Grade 5 Engineer
Grade 4 Engineer
Grade 3 Engineer
Grade,2 Engineer
Grade E Engineering Technician
Grade D Engineering Technician
Grade C Engineering Technician
Grade B Engineering Technician
Grade A Engineering Technician
laa`ial&aluln
$ 17.84
14.64
12.12
10.98
9.72
8.69
7.32
10.26
7.45
6.18
4.98
3.61
CEDAR RAPIDS DAVENPORT DES MOINES DUBUQUE F1. MADISON IOWA CITY VINTON
r�
SHIVE-HATTERY & ASSOCIATES
CONSULTING ENGINEERS
HIGHWAY 1 8 1.80 P.O. BOX 1050
IOWA CITY. IOWA 52240
TELEPHONE: (319) 354-3040
"EXHIBIT C"
Agreement Between City of Iowa City and Shive-Hattery and Associates
Bridge Repair/Replacement Projects
Direct personnel expenses for Shive-Hattery E Associates personnel, for the
period from July .l, 1977 to December 31, 1977 are listed below, in accordance
with Item 12 of the GENERAL TERMS.
i
'i
CLASSIFICATION
Grade 8 Engineer
Grade 7 Engineer
Grade 6 Engineer
Grade.5 Engineer
Grade 4 Engineer
Grade 3 Engineer
Grade 2 Engineer
Grade E Engineering Technician
Grade D Engineering Technician
Grade C Engineering Technician
Grade B Engineering Technician
Grade A Engineering Technician
RATE PER HOUR
$ 18.78
15.41
12.76
11.56
10.23
9.15
7.71
10.80
7.85
6.50
5.24
3.80
CEDAR RAPIDS DAVENPORT DES MOINES DUBUOUE Fr. MADISON IOWA CITY VINTON
id
RESOLUTION NO
77-192
RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST
CONTRACT FOR THE CONSTRUCTION OF THE MUSCATINE AVENUE
IMPROVEMENT PROJECT - FAUS NO. M-4052 (829)--81-52
WHEREAS, Metro Pavers, Inc., of Iowa City, Iowa
has been awarded the contract and has furnished adequate performance bond and
insurance certificates for the construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That'the performance bond and insurance certificates for the construction of
the above-named project are approved by the Council.
2. That the Mayor is hereby authorized to sign and the City Clerk to attest the
contract for the construction of the above-named project upon concurrence of the
Federal Highway Works Administration.
It was moved by Selzer and seconded by Ferret
that the Resolution as read be.adopted, and upon roll call there were:
AYES: NAYS: ABSENT: -
x Balmer
x deProsse.
x Foster
x Neuhauser
x Perret
x Selzer
x Vevera
Peened and approved this 14th day of
ATTEST: (.SIG
CITY CLERK
June
19 77 .
Y
MAYOR PR 0 7�F!
Received $ Approved
Cy The legal Dapartn-nf
123
RESOLUTION NO. 77-193
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH
JOHNSON COUNTY/MUNICIPAL CIVIL DEFENSE AGENCY.
WHEREAS, the City Council of Iowa City, Iowa, recognizes the need to
provide aid and assistance among public agencies within Johnson County, Iowa,
in the event of natural disaster, military attack, or other emergencies; and
WHEREAS, toward that end there has been prepared a Johnson County Mutual
Aid Agreement in accordance with Chapter 28E of the Code of Iowa, a copy of which
is attached hereto, and
WHEREAS, the Johnson County/Municipal Civil Defense Agency has duly recom-
mended approval of said Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that
said Agreement is approved, that the City of Iowa City, Iowa, wishes to participate
therein and the Mayor is authorized and directed to execute said Agreement on
behalf of the City of Iowa City, Iowa.
It was moved by Selzer and seconded by Perret
that the Resolution as read be accepted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x Balmer
x
deProsse
x
Foster
X Neuhauser
X
Perret
X
Selzer
X Vevera
Passed and approved this 19th day of June 1977.
0 a* 21,x. A -
Mayor Pro Tem
RECEIVED & APPROVED
By TRE LEGAL DEPARTMEHT
l!
/.2 L10
0
J01M01N CbUi\rn MUTUAL AID AGRMfF-Nf
This Agreement is made pursuant to Chapter 2SG of the Code of Iowa
by and between the various public agencies which have became signatories
hereto:
l• This Agreement shall take effect upon execution by two or more
Public agencies within Johnson County, Iowa. A public agency
desiring to become a part to this
lution of participation which authorizes signaturet shalleofctile Agree
llent
and shall certify such resolution to the joint county-municipal
civil defense and emergency planning administration provided for
in Chapter 29C of the Code of Iowa, hereinafter referred to as the
joint administration, within Johnsen County. A party to this
Agreement may terminate at any time by passing a termination
resolution and certifying such resolution to the aforesaid joint
administration. This Agreement is, in all other respects, per-
petual and subject to amendment by the unani
parties hereto. mous approval of all
2. This Agreement shall be administered, as necessary, by the joint
administration.
3. There shall be no financing of this Agreement other than through
the regular budgetary process of the joint administration. Like-
wise, the joint administration shall be the only mevis of acquir-
ing, holding and disposing of property hereunder.
4. The purpose of this Agreement is to provide for mutual aid and
assistance among public agencies within Johnson Cowrty, Iowa, in
the event of natural disaster, military attack or other emergency.
$. Mutual aid and assistance procedures shall be as follrn%
a. A public agency which is a party to this Agreement shall, when
it determines the need therefore, request such aid and assts-
tance as it believes are needed to respond to a natural disaster,
military attack or other emergency. For the purposes of this
Agreement, the determination of need and the request for aid
and assistance shall be canmmicated by the highest official
of the requesting agency.
b. Upon a request of for aid and assistance, the chief adminis-
trative officers, or their designees, of all other agencies
which are parties hereto shall provide such aid and assistance
requested as, in judgment of the chief administrative officer,
can be made available consistant with the on-going obligations
of that agency.
C. The chief administrative officer of each agency responding to
any request shall designate an officer -in -charge of the unit
furnished, which officer -in -charge is vested with actual on -
scene operational authority of the aid or assi:stimce being
provided.
J
s
d. An agency responding to a request for aid or assistance
retains the right at any time to terminate such aid or
assistance for any reason without notice or recourse.
e. The requesting agency shall, at the earliest practible time,
through its highest official, declare the disaster, attack or
emergency alleviated, thereby releasing any and all aid and
assistance furnished.
6. Termination of this Agreement shall occur in the event that no two
public agencies remain parties hereto. Upon termination, any
property requiring disposition shall become the property of the
joint administration.
7. This Agreement is not intended to supercede or in any way limit the
Emergency Operations Board which is the subject of an agreement
between some of the parties hereto and the Iowa Department of
Public Safety.
CITY OF IOWA CITY, IaVA
mym PRD rem
ATIMT:
CITY CLERIC
RECEIVED & APPROVED
BY THE LEGAL DEPARTIMIT
71cre,L�, y
• RESOLUTION NO. 77-194 •
RES0LUTION AUTHORIZING EXECUTION OF
SIXTH AMENDATORY TO ANNUAL CONTRIBUTIONS ODNTRACT
FOR SECTION 23 LEASING OF PRIVATE ACCONMDATIONS
WHEREAS, the City Council of Iowa City (the Low -Rent Housing Agency of the
City of Iowa City) and the Departnent of Housing and Urban Development extended
into a certain Annual Contributions Contract No. C-765 dated June 30th, 1969
(which as amended is herein after referred to as the Existing Contract) and
WHEREAS, both parties desire to further amend the existing contract
NOW THEREFORE, be it resolved that the Mayor shall sign and the City
Clerk shall attest to the Sixth Amendatory to Annual Contributions Contract
No. C-765 which is attached to this Resolution and by this reference made
a part hereof.
It was moved by Perret and seconded by Foster
that the Resolution as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
x
Balmer
_
x
deProsse
x
Foster
x
Neuhauser
_
x
Perret
x
Selzer
_—
x
Vevera
Passed and approved this 14th day of
ATTEST: a/ , ' ✓
City Clerk
Received & Appm,,sd
By The Legal Deparim-ml
Mayor Pro Tem
1977
rA
Project*: fA 22-1
Contract No.: C-765
U. S. DEPARTMENT OF HOUSING AND URBAN mW HLOPiIN NT
LOW -RUNT HOUSING
IXTH ADIENDATORY TO ANNUAL CONTRIBUTIONS CONTRACT•
FOR SEC'T'ION 23 LEASING OF PRIVATE ACCOMMODATIONS
THIS SIXTH AMENDATORY Annual. Conti+ hut:Lons (Contract, made
and entered into this Hd clay of. �1. - •e. 1977, by and
between the UNITED STATP AMERICA7iorcin called the "Govern-
ment"), pursuant to the United States Housing Act of 1937 (42
U.S.C. 1401, et soci., which Act as amended :is heroin called the
"Act") and the Department of Housing and Urban Development Act
(S U.S.C. 624) as amended, and the LOW -RENT HOUSING AGENCY Of
'CITE CITY OF IOWA CITY, IOIVA (herein called the "Local Authority");
1VITHSSETH:
WHEREAS, the parties hereto entered into that certain Annual
Contributions Contract No. C-765 dated June 30, 1969 (which, as
amended; is herein referred to as the "Existing Contract"); and
WHEREAS, the parties desire to further amend the Existing
Contract.
NOW, THEREFORE, in consideration of the mutual covenants here-
inafter set forth, the parties do agree as follows:
1. Section 1 (B) is further amended by adding the following
language thereto:
"The parties hereto do agree that 72 units with basic annual
contributions of $101,946.00 shall he transferred and redis-
tributed from the Existing Contract to that collateral Section
S Leased Housing Annual Contributions Contract No. KC -9033E.
Such redistribution of the aforementioned units shall lie in
addition to those previously transferred and redistributed
pursuant to a previously issued amendatory annual contributions
contract and shall be accomplished between July 1, 1977, and
June 30, 1978."
2.. Section 1(D) is further amended by adding thereto List No.
ICC -77-215.
3. Except as herein provided the Existing Contract as amended
shall remain in effect.
IN WITNESS WHEREOF, the Local Authority and the Government have
caused this Sixth Amendatory to be executed in their respective names
and have caused the Local Authority seal to be hereGnto affixed and
attested as of the date of this contract first above written.
LOW HNT HOUSING AGENCY OF THE
CITY OF TOWA CITY, FOIV
ATTESTED:, By
Carol I4. do.Prossc, Mayor Pro Tem
name and title)
Abbie Stolfus,,City Clerk
name an title UNITED S'PA'TES OF AMERICA
Sccre�,ary of Housing f, Urban Development
Dc5415l-ynes Ins.uring Office
Director, Dcs Moines, Insuring Office
7nan1e and ta.t.lej--
RESOLUTION NO. 77-195
RESOLUTION AUTHORIZING EXECUTION
OF
ANNUAL CONTRIBUTIONS CONTRACT
WHEMS the City Council of Iowa City (herein called the "Local
Authority") proposes to enter into a revised contract (herein called
the "Annual Contributions Contract") with the United States of America
(herein called the "Government") with respect to any "Projects" as
defined in the Annual Contributions Contract and which at any time now
or hereafter is incorporated under the terms of such Contract.
BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows:
Section 1. The Annual Contributions Contract in substantially the form of
contract hereto attached and marked "Exhibit A" is hereby approved and
accepted both as to form and substance and the Mayor or Mayor Pro Ten
is hereby authorized and directed to execute said contract in two copies on
behalf of the Local Authority, and the City Clerk is hereby authorized and
directed'to impress and attest the official seal of the Local Authority on
each such counterpart and to forward said executed counterparts, or any of
them, to the Goverrnmnt together with such other documents evidencing the
approval and authorizing the execution thereof as may be rte,;*ed by the
Government.
Section 2. Whenever the following terns, or any of then, are used in this
Resolution, the same, unless the context shall indicate another or different
meaning or intent shall'be`construed, and are intended to have meanings as
follows:
(1) The term "Resolution" shall mean this Resolution.
(2) All other terms used in this Resolution and which are defined
in -the-Annual-Contributions.-Contract .shall. have the. respective
meanings ascribed thereto in the Annual Contributions Contract.
Section -3. This -Resolution -shall -take -effect innediately.-
It was moved by Perret and seconded by_ Foster
that the Resolution as read be adopted and upon roll call there were:
AYES: - ; NAYS: ABSENT:
x Balmer
x -- deProsse
X Foster
x Neuhauser
X Perret
X Selzer
x Vevera
Passed and approved this 19th day of June , 1977.
Mayor Pro Tem
ATTEST: 1,a u`vS
City Clerk Q
RECEIVED k APPROVED
DY TRE LEGAL DEPART14ENT
/2,el2
}' V. S. '�:�:'):�,;:f PI' I'1GSI,dC nI !� lil(i•CIr OELOi i'.'R
SEAT d 110:i.i1N:I A!; ISTANCE MYMEPfiS PRO:k^.:I
u1s'np-- HollsliC
PArr 1 OF THE
ANNUAL C0•mill1ff10NS CONTRACT
.
Pt55'tER SUTTON o ACC NL:3ER:
KC -9033
J
EFFECTIVE. DATE: July 1, 1977
(Date of execution by the Cove--
rnmenC of chis ACC
Par[ I)
NtRBER OF THIS ACC PARf I:
RC -9033E
1.1 The Prarran.
(a) Projects W thin Prozr_a The Existing housing Program under this ACC Parc
I includes the following projects:
Proiect Number _ ACC List Number.and Date of APo+'aval
;:LAOS-EOv2 IA05 E022 OO2002"c f RC -76-124 5/25/7G_-
. .' RC -76-125 5/25/76`
WS -E022-003
KC- 76-1.26512G/76..,,.-._,., :•- ....._
5/20/77
(b) Number of Units (5v Size) in Program The aggregate number of units by sicc
of unit included in'these projects is as follows:
Size of Unit -
'E.. Number of Units:
Efficiency ]3
1 BR
2 B 150
Z 103
3 BR
1 BR (Elevator) 10
2 BR (Elevator) .15
(c) Maximum ACC Anount. Tine finxinum ACC 'amount for all Progfmi Expenditures in
respect to Che aggregate nu7.ber of units in these projects (the Program) is
$ '620,•550.00 per year; Provided, however, that this amount shall be reduced
eocn,er,suretely with any reduction in the number of units or changes in unit size. under
any provision of this ACC (see Section l.A(a)),' The PITA shall not enter into any
Contract or take any other action which will result in a.clain for an Annual Contri-
bution in respect -to the Prog:a--a in excess of the amount stated in this paragraph (c).
(d) PITA ObliF.ation. The PrLk, to the maximum extent feasible, shall enter into
llousing Assistance Payments Contiacts ("Contracts") in accordance with the numbers and
sizes of units and subject to the nnxinum ACC amount specified above,
(e) Meaning of "Project" as VseJ in Master ACC and Part 1I. For purposes of this
Part I the tern "Project" wherever used in the Plaster Section f ACC and in Part I1
shall mc -an all the projects in the -"Existing llousinC Program."
1.2 Authorization of Actions by PITA. In order to carry out the ProCra-,, the PI11,
is authorized to (,a) enter into Housing Assistance Payments Contracts, (b) nake
huusing assistance payments on behalf of Families, and (c) take nll other upc,•:cary
actlons all in accordance with the formas, conditions and requirements prescribed or
approve by the Covc'rmrent; Provided, however, that neither the PKK nor the
st:nt :!,,:I1 assume. any obligation beyond that provided in Contracts in tht form anprnv"d
by tlr, C:,\•QTrtl'^nt.
i
.1. 1
1.3 TMIA of ACC Lome arid CMILV.1Lt,
(a) Tern of ACC. The tern, of. this ACC 5ha11 be five years,
r
J
(b) Term_ of Leas" snd Contract. The tern of each Lease 51:-'11 Ile for not less th.•,n
onC year nor more than three years, but thc• Lease may contain a provision peed tLir,,
termination upon 30 days advance written notice by either party. 'fhe tSna of e::ch
Contract shall be for the term of the Lease, provided that if a Family continues iu
occupancy after the cxpiratic., of the tern on the same terms and conditions as the
origipal Lease (or changes thereto which have been approved by the PHA and incor-
?orated in the Contract where appropriate), the Contract shall continue in effect
for the duraeion of such tenancy subject to the limitation in the nest sentence.
ny renewal of the Contract and Lease term, and any continuation of tenancy beyond the
Lem., shall in no case extend beyond the tern of this ACC.
1.4 Annual Contribution.
(a) 1doLt,•itlistanding any other provisions of this ACC (other than paragraph (c) of
[his Section) or any provisions of any other contract between the Government and the
" 7y the Government shall not be obligated to make any Annual Contribution or any •' `
-her ;aynent with respect to any Fiscal Year in excess of: the amount stated in
(b) Subject to the naxinur., dollar limitation in paragraph (a) of this Section,
:he. Government shall pay for each Fiscal Year an Annual Contribution to the PFIA
' ..n,respect to,..the:Program._in an -amount equal to_the.sum of the following'{subjecL. to. ;
:eduction by' theamounE of any Program Receipts other than Annual Contributions, which
Receipts shall be available for Program Expenditures):
(1) The amount of housing assistance payments payable during the Fiscal Year.
lsee Sectiori 1.5) by'the"PNn'pursuant to the Contract; as autfiorized ih Section a.2,
(2) The allowance, in the amount approved by the Goverment, for preliminary costs
of administration.
(3) The allowance, in the amount approved by the Goverment, for regular costs of
,..administration, including costs of Government -required audits of Owners and the PITA.
(c) (1) An ACC reserve account will be established and maint'ain"d by the Govei-11-
::ent, as a specifically identified and segregated account, in an amount as determined by
:he Goverment consistent with its responsibilities* under section 8(c)(6)'of the Ar. t.
ro the extent funds are available in said account, the Annual Contribution for any•Fiscal
ear nay exceed.the maximum amount stated in paragraph (a) of this Section -by such
^ount 'if +n
y';'as'"may"be—regiiiicd for increases reflected in the estimates of required
.nnua•1 Contribution applicable to such Fiscal Year as approved by the Goverment in
ccordance with Section 2.11 below.
(2) The -Government: wil1_take. suclr.additional_ steps:.authorized. by, section 8(c)(6)._ .. ...
E the Act as may be hecessary to assure availability of funds to cover increases in
Musing assistance payments on a timely basis as a result of increases in Contract
:nts or decreases in Family Incomes.
.. :..-
(d)"The Government will make periodic paymente on account of each Annual Contri-
pion upon requisition therefor by the PHA in the form prescribed by the Government.
:ch requisition shall include certifications by the PIK that housing assistance
)yments have been or will be made only:
(1) In accordance with the provisions of the Contracts; and
(2) With respect to units which the PIIA has inspected or caused to be ir•.::pc.cted,
1'•irsuant to SecL'ion 2.4 of Part II of this ACC, within one year prior to the making
i' such housing assistance payments.
(e) following Che end of each Fiscal Year, the PHA shall promptly pray to the
vnrrmont, unless other disposition is approved by the Government, Che amount, if
Y, by which the total amount of the periodic payments during the Fiscal )'car exceeds
e total amount of the Annual Contribution payable for such riscal Year in :r•cordanec
th this Section.
1..5 r;anal Year. Tile Fiscal fear for the Program shall be the Fiscal )'c:,r
c—!; -ley Section 0.3 of this ACC; Provided, however, th=t tIm first Fiscal 'ir•;r
r the Pre:jc•ct shall bC tilt- period beginning with the effective date of thi:
of 3 Rages
and unding on the 1psL day of said established Fiscal Yc(n: %,hich i:, nut loss U:.:t,
12 months after such cffec Live (late. If the first Fiscal 1'enr exceeds 1.2 man Uu:I
the tnay.imum Annual Contribution in Section 1.).(c) coy bu adjusted by the addition
of the pro rata amount applicable to the period of operation in excess of 12 notths.
1.6 Periodic Acl�stment of Contract_itcnts. Each contract may provi.d8 far Periodic
adjustments i.n Uic:;:outset: hunt:: cliargnhl.o. by the 0:.•sur and cv.:w!nsuratu ir.crc•oses in
a;nounts of housing assistance: payments in accordance. with applicable Cuvc•rnr.ent
regu•la tions.
I 1.7 Enual OpportuniLy liousin;c Plan. 'iiie 1111A shrill comply w:i.th a1.1 provisions
of. its IIUD-approved equal upportuniCy housing plan,
1.8 Expeditious Carryinv. Out of Pro;ram. 'Che 11IIA shall proccud expediti.ousl.y with
the Program. If the PHA fails to proceed expe(Iftiously, the Covern,ent, by notice
to the PITA, may reduce its obligation hereunder with respect to the Program ro the
number and size of dwelling units under Contracts with Owners as of the date of receipt
of such notice by the PHA, with a corresponding reduction in Lite maximum amount of the
Annual Contribution specified in Section 1.1(c).
1.9 Prior ACCs Superseded. This Part I supersedes prior Section 8 Existing (lousing
ACC Parts I, if any.
i
PHA IOWA CITY HOUSING AUITIORITY
Carol W. deProsse, Mayor Pro 'tem
official Title)
Dote
United States of /:nerice
S x I ry of jising and Urbal,
Di.rcctor, Hcs hilailics Insuring Office
fficinl 79 icT
Date June lel, 1977
MASTER SECTION 8 ANNUAL CONTRIBUTIONS CONTRACT
ATTACHMENT A
ACC Contrnct Number
Date
ACC List Number
Date
KC -9033
1-09-76
KC -76-048
1-02-76
KC -9033
6-17-76
KC -76-124
5-25-76
KC -9033
7-01-76
KC -76-125
5-25-76
KC -9033
7-01-76
KC -76-126
5-26-76
KC -9033
KC -77-215
5-20-77
Proiey e
Existing
Existing
Existing
Existing
Existing
Conversion
m
1976
U.
SIECTIC:! C'. !!CJ-- 1::1 r Z51
Terms ren:! Conditicn: Cons'.itu:i::; Pa"' iI of an
Annual Contributions Cc, tract S• t:Scen
FNA rind the United States of k%crica
NFS C0:431'RUCTION, SU@STAX?IAL REil613ILI7AT.ICC, Ei:IST!'::^, MUSI:!G
2.1 DEFINITIO::S
Master Sectio 8 ACC i:v::'cI KC -9033
(a) "Families" means Laser -Income Fanilies (including "tidy Lor-Incorme Familj.c•r:")
and includes FriAlies consisting of a single person in the case of iilde_1 Fncilic::
and Displaced Families and includes the remaining meroer of a 'tenant family.
(b) "Elderly Families" means Families whose heads (or their spouses), or whose sole
members are persons -.-,-ho are at least 62 years of age or are under a disability
as defined in section 223 of the Social Security F.ct or in sectio. 702 (5) of the
Dcvelorimental Disabilities Services and Facilities Cc :-,s',•ruction /are':a:.en �s of 70,70,
or are ha'idicapped. The term Elderly Families includes :o oe more•elderly,
disabled, or handicapped individuals living together or one or more such individuals
living together with another person who is determined under regulations of t.::
Secretary of }lousing and Urban I:evelopmcnt ("Secretary") to be a person csaential
to their care or well being.
(c) "Displaced Families" means Families displaced by goverrr..ental actin, or Frcnili.esl
whose dwellings have been extensively danaged or destroyed as a result of a c_ as✓sr
declared or other'.ise formally recognized pursuant to Federal disaster relic:' lay. -s.
(d)."Loner-Income Families" means Families whose Incomes do rot exceed 80 per cr_•nt of
the median Income for the area as determined by the Secretary ;,i.th adjustnz!nts
for sea:^.11cr and larger families, except that the Secretary may establish in^o:,ac
limits hiEh or lor:er than 80 pereca of the inciian for the area on tiro basis of his
findings that such variations are necessary because of prevail!"" level:: of
construction. costs, unusually high or 1017 family Inoomes, or ot!Ier'factcrs.
(e) "Very.Lor-Income Fa:ulies" means Families whose Incomes do not exceed 50 percent of I
the mcdiap Income for. the area, as determined by the Secretary with adjustmepts
for smaller and larger families.
(f ) ''Income" r..eans income for all sources of each member of the household, es deter::;_Iu: I
in.accordance with criteria prescribed by the Secretary.
(g)
110,vrinr" means the uerzcn or entity, including; a cooperative, :rlt!I which the !:Frear: •.'.I
and Cor: race are entered into.
(h) "Rent" or "rental" mean, v;ith respect to enc -':bars of a ce4perative, ti13 cbn—vt—s
llnder the occupaney agroomenta col"..:cen sire!' rn0.^.Ibel'u and the coCpa—ati-.-o.
(i) "Project Receipts" with respect to each Project mer..ns the Ainnn±:l CW"*'VA1 Jt1c:ns
payable hereunder and,all ether recei;:ts under this ACC, if any, accru;rt to the
PITA fro,', out of, or in connection with such Project.
(j) "Project Expenditures" with respect to each Project means all costs allo•arible
under Section 1.4 (b),'Part I of this ACC, with respect to such project.
(k) "Subotanti.nl D --fault" means the occurrence of'any of the events listed in Section 2.�
B. UST`:G U E1. CC`:?I.T1:'_' ;ITrI ACT ; `,D �tGT_1,Tir'!S.
The PIU shrill use the Ararjal Crr:::dhution solely for the Pu:po::c or
Safe, rind S:n"firJ d.,ell::: :: for Fasilie_ it cc::.pliance „iih nl7
of the Let ai.d all :•c Ce7atirinr, i::.sed p-urnunnt 1:!,ereto.
HUD -52520 C • •
c 5..:,1 iii .1 T'1 A:: i� ,r... .�...;; ..
(a) The 116 1 shall co::;ply r.ith the Income lira to est;i'..1 ishod by the Gate^r.... :.n 1
with the require:nents of the Govorn,.cnt rurauan: to ncetion S (c•} (7) of '':c
Act that at lest 30 percent of the F,uailies assie6cd in all its Frgiact:: u:. cr
its 1'a'stcr Section S ACC shall be Very toe:-Inec::.e Fusilics. 1.
(b) The P11A shall comply or assure compliance with the schedules anti criteria es`.sc-
lished by the Goverment with respect to the amowits of housing nssistance rn,.;r:rcas
made on behalf of Families.
(c) The PHA shall make or cause to be r_,de periodic re-examination a of the i.ncnme, com-
position, and extent of exceptional medical or ether unu::ual expenses of Families
for whom housing assistance payments are being made, for the pu:pooe of confi.rmi1„
or adjusting, in accordance with the applicable schedules established by the Govern-
ment, the amount of rent payable by the Family and the amount of housing nssistance
payment.
(d) The PHA shall• determine, as part of its annual inspection .and at such other times
as it deems appropriate, whether an adjustment is required in the Allowance for
Utilities and Other Services applicable to the dwelling unit on prounds of changes
of general applicability. If the PHA determines that an adjustment should be made,
the PHA shall prescribe the amount of the adjustment and notify the C.:•ner
accordingly, and the PHA shall cause the Ormer to make a corresponding adjustment in
the amount of rent to be paid by the affected Family and the amount of housing
assistance payment.
(e) Prior to the approval of eligibility of a Family by the PHA or the Ormer, as the
case may be, and thereafter on the date established for each reexamination of the
status of such Family, the PHA or the Owner, as the case may be, shall reviee: or
cause to be reviewed a written application, signed by a responsible member of such
Family, which application shall: set forth all data and information necessary for
a determination of the amount, if any, of housing assistance payment which can
be made'with respect to the Family.
2.4. INSPECTIONS.
(a) The PHA shall require, as a condition for the making of housing assistance payments,
that the Ormer maintain the assisted dwelling units and related facilities in
Decent, Safe, and Sanitary condition.
(b) The PHA shall inspect or cause to be inspected dwelling units and related facilities
prior to.commencement of occupancy by Families, and thereafter at least annually,
adequate to assure that Decent, Safe and Sanitary housing accomodations are beigg
provided and 'that the agreed -to services are being furnished.
2.5. VONDISCRIMINATIOH IH HOUSING.
(a) The PHA shall comply with all requirements imposed by Title VI of the Civil Rights
Act of 1964, Public Law 88-352, 78 Stat. 241; the regulations of the Depar!:;eat
of Housing and Urban Development issued thereunder, 24 CFR, Subtitle A, Part 1,
Section 1.1, et seq.; the requirements of said Department pursuant to said regulatior..r:
and Executive Order 11063, to the end that, in accuriance with that Act and the
regulations and requirements of said Department thereunder, and said Executive
Order, no person in the United States shall, on the ground of race, color, creed,
religion, or national origin, be excluded from participation in, or be denied
the benefits of, the Housing Assistance Payments Progrtua or be othere:ise subjected
to discrimination. The PHA shall, by contractual requirement, covenant, or other
binding commitment, assure the same compliance on the part of any subgrnntee,
contractor, subcontractor, transferee, successor in interest, or other Dartici-
pant in the program or activity, such roi::mitment to include the following clau:; f
"This provision is included pursuant to the regulations of the rcp:,rtment of
Housing and Urban Development, 24 CFR, Subtitle A, Part 1, Section :1.1, ct
seq.; issued under 'title Vi of tht• said Civil EiChto Act. or 196+1,, •ar..: th
rcquire:centn or said Depart^.cnt nw•nw:nt to said rcCulr.tions; ari ti;c r•1: -
ligation of the (contractor or othrr) to ceraply ti:crc:vlth inures tc 41;e
.Eklrl-52520 C • •
PftU-3 of 10 awces
benefit of the United States, the :::tid Department, and t..:• ilii., a::;:
shall be entitled to invol:e any romedics available by lu:: lo rcd:'c: c '. .
breach thereof or to compel compliance therc:vith by the (cont:nctcr or
(b) The PHA shall incorporate or cause to be incorporated into all i{ov.nin,; hs_'i::t•:•:':-
Payments Co ;tracts a provision requiring compliance ;vith all. renuircrents
by Title VIII of the Civil Rights Act of 1968, and any rules and rcgulati:ns i•::ued
pursuant thereto.
(c) The PHA shall•not, on account of creed or sex, discriminate in the sale, lcisinj ,
rental, or other disposition of housing or related facilities (Includit:; lend)
included in any Project or in the use or occupancy thereof, nor dory;/ to ally Fc;:ily
the opportunity to apply for such housing, nor deny to any eligible applicant the
opportunity to lease or rent any dwelling in any such housing suitable to its
needs. No person shall automatically be excluded from participation in or be denied
the benefits of the Housing Assistance Payments Program because of membership in
a class such ps unmarried mothers, recipients of public assistance, etc.
2.6. EQUAL El.iPLOYMENT OPPORTUNITY.
(a) The PHA shall not discriminate against any employee or applicant for employment
because of race, color, creed, religion, sex, or national origin. •Tile
PRA shall take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to race, color, creed,
religion, sex, or national origin. Such action shall include, but not be limited
to,the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
(b) (1) The PHA shall incorporate gr cause to be incorporated into any contract for
construction work, or modification thereof, as defined in the regulations of the
Secretary of Labor at 41 CFR, Chapter 60, which is to be performed pursuant to
this contract, the following Equal Opportunity clause:
"EQUAL Eli'LOYI:MNT OPPORTUNITY
During the performance of this contract, the contractor agrees as follows:
U) The contractor will not discriminate against any employee or applicant
for Employment because of race, color, religion, creed, sex, or national
origin. The contractor will take affirmative action to ensure that applicants
are 'employed, and that employees are treated during employment, without
regard to their race, color, religion, creed, sex, or national origin. Such
action shall include, but notbe limited to, the following: employrent, upgradin-.
demotion, or transfer; recruitment or recruitment advertising; layoff or. ter-
mination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in con-
spicuous places, available to employees and applicants for employment,
notices to be provided by the PHA setting forth the provisions of this Equal
Opportunity clause.
(Ii) The contractor will in all solicitations or advertisements for employees
placed by or on behalf of the contractor, state'that all qualified applicants
will receive consideration for employment without regard to race, color,
religion, creed, sex,• or national origin.
(C) The contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the FHA advisin', bhc said labor
union or workers' representative of the contractor's cc:-ait:.untr u::�e:
Section, and shall post copies of the notice in con:;picuous places a•ailabl.e
to employees and applicants for employment.
(D) The contractor v. -Ill co^ply with all provisions of Executive Qrdcr Co•
1124G of Scpte,::bvr 2/„ 1965, and of the rules, rcrulutio:s, and rr•:er:r..t
orders of the f:ccretary of labor.
of .10 1'u6es
(F) The contractor sill furnish all inforrrntion rad :•cn.r's ro-au1:• ...
Executive Order No. 11246 of Septe-?:er 24, 191:5, and by rules,
and orders of the Secretary of Labor, or pursuant thereto, and
access to his books, records, and accounts by the Govcrnncnt and tin S^casts:
of Labo+ for purposes of investigation to ascertain cc:,pl1ance vd th snot:
rules, regulations, and orders.
(F) In the event of the contractor's ronco:-nliance with the F.qunl 0pr,crt:mit;r
clause of this contract or with any of the said rules, regulations, or orders,
this contract may be cancelled, serminnted, or suspended in e:rolo or Dart,
and-th'e contractor may be declared ineligible for furt!:er contracts in accords.
with. procedures authorized in Executive Order No. 11246 of September 2L, 1965
and such other sanctions may be imposed and remedies invoked as provided in
Executive Order No. 11246 of September 24, 1965, or by rule, `regulation, or
order of the Secretary of Labor or as otherwise provided by law.
(G) The.•contractor will include the portion of the sentence iTmediatel;i
preceding Paragraph (A) and the provisions of Paragraphs (A) through (G)
in every subcontract or purchase order unless exempted by the rules, regula-
tions, or orders of the Secretary of Labor issued pursuant to section. 204
of Executive Order No. 11246 of September 24, 1965, so that such provisions
will be binding upon each* subcontractor or vendor: The cor,. ractor v:ill take
such. action with. respect to any subcontractor or purchase order as the
Government may direct as a means of enforcing such provisions including
sanctions for noncompliance; Provided, however, that in the event a contractor
becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by the Government, the contractor
may request the United States to enter into such litigation to protect the
interests of the United States.
(2) The PHA agrees that it will assist and cooperate actively :vith the Government
and the Secretary of Labor in obtaining the compliance of contractors and sub-
contractors with the Equal Opportunity clause and the rules, regulations, and
,relevant orders of the Secretary of Labor, that it will furnish the Gover.r-ment
and the Secretary of Labor, such information as they may require for the
supervision of such compliance, and that it will otherwise assist the Government
In the discharge of the Government's primary responsibility for'Becuring com-
pliance.
(3) The PHA further agrees that it will refrain from entering into any contract
or contract modification subject to Executive Order No. 11246 of September 24,
1965, with a contractor debarred from, or who has not demonstrated eligibility for,
Government contracts and Federally assisted construction contracts pursuant to -
the Executive Order and will carry out such sanctions and penalties for violation
of the Equal Cpportunity clause as may be ir.:posed.upon contractors end sub-
contractors by the Government of the Secretary of Labor pursuent to Part II,
Subpart D of the Executive Order.
2.7. TRAINING, EITLOy:rENT, fiM CONTRACTING OPPOP.TUNIPIES FOR EUSIN SSFS AND L0:'/FR INC!
(a) The project assisted under this ACC is subject to the requirements of section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u.
Seotion 3 requires that to the greatest extent feasible opportunities for training
and employment be given lower income residents of the Project area and contracts
for work in connection pith the Project be awarded to business concerns which are
located in or owned in substantial part by persons residing in the area of the
Project.
(b.)
Notwithstanding any other provision of this ACC, the PFA shall carry out the
provisions of said section .3 end the re•:lations issued pursuant thereto by the
Secretary set forth in 24 C70, Part 135 (published in 3S Federal Ee_;istcr 29220,
October 23, 1973), and all r.-plicable rules and orders of the Secretary issued
thereunder prior to the execution of this ACC. The requirements of said
Include but nre not limited to dove•' -o --err and im.rlo:..o:;action of an afc" r::c.ive
action plan for utilizing business concerns located ;!'.!!•: or cc.^nd in rue
stantinl pert by pers--ns residir in the area --of thD .:•oj Pet.; the ,;::'„ or
a good faith effort, as definod by }`:n rej*ule.icrs, :c pr..vide
and business o.portu.•iities required by section 3; and incorpiraticn
ef 1Q Pages •
specifi.d I- _0o I If ..J (b) of lh r:•,;ulation c in .:l_ .. :•a;'.. .
work in c.nnoct.i.on Wath 'the Proicct. The P:iA certifies and er.rrc:< tt.nit is
under no contractual or other disability vJd ch v:ould prevent it frcm crn-
plyinC with these requirement:,.
(c) Compliance with, the provisions of section 3, the regulations set forth in 24
CFR, Part 135, and all applicable rules and orders of the Secretar; icaued tlt,;e-
uuder prior to approval by the Givers ::ent of tl:e apiilication for this ACC s'.::a re
a condition of the Federal financial'ussistanae provided to the Project, bindin
upon the PHA, its successors and assig»s. Failure to fulfill these reauirer..ents
shall subject the PlIA, its contractors end subcontractors, its successors, a::;i
assigns to .the sanction specified by this ACC and to such sanctions as are
specified by 24 CFR, Section 135.135.
(d) The P11A shall incorporate or cause to be incorporated into any contract pursuant to
this contract such clause or clauses as are required by the Government for col...-
pliance with. its regulations issued pursuant to the Rousing and Urban Development
Act, as amended. The PHA shall cooperate with the Government in the conducting
of compliance.ieviews pursuant to said Acts and Regulations.
r
2.8. COOPERATION IN EQUAL OPPORTUNITY CO?:PLIANCE REVIE193. ..
The PHA shall cooperate writh the Government in the conducting of compliance reviews
and complaint investigations pursuant to applicable civil rights statutes,
Executive Orders, and rules and regulations pursuant thereto.
2.9. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT.
The PHA shall incorporate or cause to be incorporated, into any contract for
construction or substantial rehabilitation, such clause or clauses as are required
by the Government for compliance with the regulations issued by the Environmental
-- - Protection Agency pursuant .to the Clean Air Act, as amended, the Federal Water
Pollution Control Act, as amended, and Executive Order 11738. The PRA shall
cooperate with the Government in the conducting of compliance reviews pursuant
to said Acts and Regulations. '
2.10.
LABOR STANDARDS.
The PHA shall incorporate or cause to be incorporated into any contra6t for
construction or substantial rehabilitation of nine or more dwelling units, such clause
or clauses as are, required by the Government for compliance with its regulations
issued pursuant to the Copeland Act, the Davis -Bacon Act, and the Contract Pork flours
and. Safety Standards Act. The PRA shall cooperate with the Government in the
Conducting of compliance reviews pursuant to said Acts and Regulations.
2.11. ESTI1dATES OF REQUIRED ANNUAL CONTRIBUTION.
The PHA shall from time.to time submit to the Government estimates of rec_uired
annual contribution at such times and in such fora as the Government may require.
All estimates and any revisions thereof submitted under this Section shall
be subject to Government approval.
2.12. INSURANCE AND FIDELITY POND COVERAGE.
For purposes of protection against hazards arising out of orcin connection with the
administrative activities of the PHA in carrying out the Project, the PITA shall
carry adequate (a) comprehensive general liability insurance, (b) workmen's co^-
pensation coverage (statutory or voluntary), (c) automobile liability insurance
against property damage and bodily injury (o,.med and non -owned), and (d) fidelity
bond coverage of its officers, agents, or employees handling cnsh or authorized to
sign checks or certify vouchers.
2.13. BOOKS Oil ACCOUIIT A'iD RECORDS; REPORTS.
(a) The PHA shall maintain complete and accurate books of account and record,:, as
cony be prescribed -from tire to time by the Government., in ronnection
Projects, including records which permit a speedy and effcctivt• audit, cr,d rc 11
Ii1:6-52520 1 • S
acwnC othrr tIiings fully disclose the amouu t. cn:d tiw di spo::j cj on by Lho I'!!n
of the Annual ContribUtjOn6 and other Project Receipts, if any,
2.14
(b) The books of account and records of the. Pll,,% shall be e:ai.nlitj.ged for atah
Project as separate. and distinct from all other Project's and tmdertaki.n;;c
of the P11A except as IuthOricud or approved by the Covernr.:c•nt.
(c) The PHA shall furnish the Government Such financial, operatin;;, and rtatisti.cal
reports, records, stataments, and decue:elltt:, at such times, i❑ such forr.., an::
accompanied by such supporting data, all as may reasonably be required fl:on
time to time by the Government.
(d) The Government and the Controller General of the United States, or his duly
authorized representatives, shall have full. and free access to the Projects
and to all the books, documents, papers, and records of the PITA that are
pertinent to its operations with respect to financial assistance under Lila
Act, including the right to audit, and to make excerpts and transcripts fro^:
such books and records.
(e) The PIIA shall incorporate or cause to be incorporated in all Contracts the
following clauses:
".PITA AND GOVEMIENT ACCESS TO PRDIISES AND OWNEWS REC0RDS.
"(1) The Owner shall furnish s;ch information and reports pertinent to the
Contract as reasonably may be required from time to time by the PITA,
and the Government.
"(2) The Owner shall permit the PHA or the Government or arty of their duly
authorized representatives to have access to the promises, and, for
the purpose of.autfit and examination, to have access to any books,
documents, papers, and records of the O mer that are pertinent
fo compliance with this Contract, including the verification of
information pertinent to the housing assistance payments."
(f) The PIIA shall be responsible for engaging and paying the auditor for the .
making of audits as required by the Government, but the PHA shall be com
pdnsated under this ACC for the cost of such audits.
DEPOSITARY AGREMENT.
(a) (1) The PHA shall maintain one or more agreements, which arc herein collectively I
called the "General Depositary Agreement," with a bink(s) selected as a
depositary by the PILI.
(2) The PHA may maintain one or more agreements, which are herein collectively
called the "Savings Depositary Agreement," with a savings and loan insti-
tution(s) or credit union(s) selected as a depositary by the PITA for the.
investment of excess funds.
(3) All. such General Depositary Agreements and Savings Depositary Agreements
are herein collectively called the "Depositary Agreement." All such banks,
savings and loan institutions, and credit unions arc hn ein collectively
called the "Depositary."
(4) The Depositary Agreement shall be in the form prescribed by the Government
for Che particular type of Depositary. The Depositary shall be, and
continue to be, a member of the Federal Deposit Insurance Corporation, the
Federal Savings end Loan Insurance Corporation, or the National Credit
Union Share Insurance Fund, as the cast tray be.
(5) homedintely upon the execution of any Depositary Agreement, the 1111A shall
furnish to the Cnvern::.r.nt such executed or conformed copies thereof as t;:r.-.
Government may require.
(6) Vo such Depositary Agroemunt shall be terminated except. after 30 t'ay::
notice to the. Government.
of 10 Pages
(b) The MIA shall deposit promptly with such Dapositnry, under Lhu terra; of the
Depositary Agreement, all monies received pursuant to this ACG.
(c) The PHA may -withdraw monies pursuant to the Depositary on.ly for
(1) payments pursuant to the Housing Assistance Pay:::ent.s Cvntract, rand (2)
other purposes specifically approved by the GOVernt:eltt. So t:itbdrat:.t1:: :a::11.1
be made except in accordance with a voucher or vouchm's the:; on ff.lc• fn the
office of the PRA stating in proper detail the purpose for which ouch whir
drawal is made.
(d) If the Government makes a determination, after notice to the PMA eivina it
a reasonable opportunicy to take corrective acl:ion, that ilia YHA is in Sub:;utn-
tial Default or if the Government determines that the PIIA has made a fradulent
or.willful misrepresentatiou of any material fact in any of the dottnaents or
data submitted to the Government pursuant to this ACC or in any document or data
subriitted to the Government as a basis for this ACC or as an induccnc•nt to the
Government to enter into this ACC, the Government shall have Lite right to (1)
give notice of such determination to Depositary which holds any monies pursunut
to the Depositary Agreement and (2) require such Depositary, on the basis of
such notice, to refuse to permit any withdrawals of such monies; Provided, how-
ever, that upon the curing of such Default the Government shall promptly rescind
such notice and requirement.
2.15. 'POOLING OF FUNDS UNDER SPECIAL CONDITIONS AND REVOLVIICG FUND.
,(a) The FHA may deposit under the terms of the General Depositary Agrecnent monies
received or held by the PIIA in connection with any other ACC'or any administratia;
contract or lease between the PILI and the Government.
(b) The PHA may also deposit under the terms of the General Depositary Agreement
amounts necessary for current expenditures of any other project or cnterprisn of
the.PHA, including any project or enterprise in which Lite Government has uo financi
interest; Provided, however, that such deposits shall be lump -sum transfers frog
the depositaries of such other projects or enterprises, and shall in no event be
deposits of the direct revenues or receipts of such other projects or enterprises.
(c)
If the PIM operates other projects or enterprises in which the Government has no
financial interest, it may, from time to time, withdraw such amounts as the
Government may approve from monies on deposit under the General Depositary Agree-
ment for deposit in and disbursement from a revolving fund provided for the pay-
•ment of items chargeable in part to the Projects and in part to other projects or
enterprises of the PHA; Provided, however, that all deposits in such revolving
fund shall- be lump -sum transfers from the depositaries of the related projects er.
enterprises and sball in no event be deposits of the direct revenues of receipts.
(d) The PIN may establish petty cash or change funds in reasonable anount•s,,fren
monies on deposit under the General Depositary Agreement.
(e) In no event shall the PIIA withdraw from any of the funds or accounts aurhori::cd
under this Section 2.15 amounts for the Projects or for any other project or
enterprise in excess of the amount then on deposit in respect thereto.
2.16. DEFAULTS BY PIIA ASD/OR OWNER.
(a) Rip.hts of. Owner if PIIA Defaults Under Acreement or Contract. (The provisions of
this Paragraph (a) shall not apply to any Existing (lousing Project.).
(1)
In the event of failure of the PHA to comply with the Agrecnent with the Owner
or if such Agreement is held to be void, voidable or ultra vires, or if the
power or right of Cite PHA to enter into such Agrovment is d:as;;, into nuosti.on,
In any legal proceeding, or if the PIIA asserts or clai:::s eL•rtt such A;,rt•ec.ent
is not binding upon the PI!A for any such reason, the COV(X11=t:nt tiny, ::(tor
notice to the PIIA giving it n reasonable opportunity to'tahr. corractive nctio::
deternine that the occuronce of any such event constitules a StL<toucia` U,n::.
hcrounder. llhere the Government so determines, it nay assume t.!tc lti!L'a ri;hl
and obligations under such A;pr.eacnt and cony out Clio obligaions of ;I:.•
under Lite Agrcu:acnr, includin;; thn ahJfgrtlion to cater into the Contr;;c•t.
111:;c of thin SCCLi.on 2.15 in optional.
Pngp 6eof 10 Taves • •
(2) In tho went of failure or tit' PHA to c.o:•ply with the CoWra,:t :.:th tb,• V..'.
or if such Contract i,: held to h,• void, vo k!oble or ultra v;r,'S, pr if OW
power or right of ilio. 1TA Lu enter into such CunLraat in dra:;n ;:tt., ,;uest;... :
In any lc;;+l procecdiu,:, o• if Lilo 1't;A x.^•scr;n or c•I::ias tlo'it :;uch
not binding upon Clic 1'iiA for any ::uch rcaspn, clic Ci+vo'r.:^_nl L:.i)•, ni Lev noCi:
to the NIA giving it ;t rc•nsaa:;bie opportunity to Lillie action,
deterni.nC LhaL the occurrenCo of cn:y Mich ,,vent coma :Lute:: 5ulst;:utial
DcCnu1L hereunder. MIUVe Llib Covcrn:.,ont. sn det.ern:inos, it shall haCu the
right to assul:iL- the 1'1!A's righty and ohlig:1Cio1ls uu,!rr such Contrncl, perfur.'
the obligations and enforce the rie,hcs of Lhv PIU., ;:n;l Cxercis,r such other
powers. as Ute GOvt'rnmk-nt may have Lo cure the DcfaulL; hos'cv;or whether or no;
the Covernmont elects Lo proc.tcd in this manner, Lhe Govorn:•:rnt shall, if it
determines Lhat Lhe Ovocr is not in default, conLinve. for the durnr.i.on of
such Contract to Pay Annual ColtribuLions for the purpose of making housing-
assistance
ousingassistance payments t,•ich respect to dwelling units under such Contract.
(3) All rights and obligations of. the PITA assumed by the Government pursuant to
this Section 2.16 (a) will be returned as constituted at the time of such
return -(i) when thc'governnent is satisfied that all de.faulLS have been cured
and that the Project will thereafter be administered in accordance with all
applicable requirements, or (ii) when the (lousing Assistance Payments Contract.
is.at an end, whichever occurs sooner.
(4) The -provisions of this Section 2.16(x) are made with, and for the benefit of,
the Owner, the PHA (where it is the lender and then only in its capacity as
lender), or the Owner's other assignees, if any, who will have been specific,,
approved by the Government prior to such assignment. If such parties are not:
in default, they may, in order to enforce the performance of these provisions.
(i) demand that the Government, after notice to the PITA giving it a reasonable.
opportunity to take co:rative action, make a•determination whether a Substan-
tial Default exists.under paragraph (a) (1) or (a) (2) of this Section, (ii)
if the Government determines that a Substantial, Default exists, demand that
the Government take the action authorized in paragraph (x) (1) or. (a) (2) and
(iii) proceed as against the Government by suit at law or in equity.
(5) The provisions of paragraphs (a) (1), (3), and (4) of this section shall be
included in the Agreement and the provisions of paragraphs,(a) (2), (3), and
(4) of this Section shall be included in the Contract.
(b) Rights of Government if PRA Defaults Under ACG, Agreement, or. Contract.
(1)• If the PRA defaults in Lhe observance or performance of the provisions of
Section 2.4; fails to comply with its obligations,urder any duly issued
Certificate of Family Participation in accordance with its terns; fnils•to
comply With the requirements of Section 2.5, 2.6, 2.7, or 2.E; defaults in
performance or ahservance of any oche: tern, covenant, or -condition of this
ACC or of any t•crn, covenant, or condition of any Contract: or Aore:emunt;.
fails, in the event of an;; default by the Owner, to enforce i.ts rfj;bts under
the Agrer.::cnt or Contract: by way of. action to achieve. co:aplisnlce to the
satisfaction of the Govern^ant or to terminate the Agroe;mcnt or Contract in,
whole or in part, as directed by the Government; or fails to comply with them
applicable provisions of the Act and the regulations issncd purscnnt thercCo;
the Gavernment may, after notice to the P11A giving it a reasonable opportuni.'
to take corrective action, determine that the occurrence of any such event
constitutes a Substantial Default hereunder as to the Project:. Upon Lhe
occurrence of a Substantial Default with respect to any ]'reject:, the PHA shall
if the Government so requires, assign to the Government all of its rights and
Interests under the ,Agreement or Contract, including any funds, and the
Government shall continue to pay Annual Contributions with rospect to dwallir•
units covered by Housing Assistance Payments Contracts in accordance with the
terms of this ACC and Of such COMMICts until renssigned to the YIiA.
(2) All righLS and obligntions of Lila PIIA nsruncd by tho Covarimpnt purruont to
Lhis Section 2.76 (b) will he returned its co:nstilutr•c] at the time of such
return (i) when the Govcrnmuric in ::r.tinCicd []:.'It all dr•faull:n I+c,•.,e bo.an cu;;:.
and thee the Project will thcreafler be ad:ciui:;Cored in acrnrdrn:cp with .11),
applicable requircmeuts, or (ii) when Lice Housinig As.^.;nfrrnce PaynmenC:,
Contract Ili ,it: an and, whichever occurs :sooner.
(e) Rights of ]'AIA and Govi.rnr..r•nt if O.:ner Default's Linder CentraCL. (1;ew
mud :;IIhSt;inti;tl L'eh::b.i.liLnCion 1'rujrr.l:s,)
1111:1� 5^.520 C
•Pi: C, ft of 10 1ages
For tier., 'Cons truction and :a.stectisl Rehabilitation project:, the
shall contain the follo:vinj provisions:
"a A default by the Ocner under this Contract shall result if:
"(1) The Ov.•ner has violated or failed to comply v:ith our provir,ion of.
or obligation under, this Contract or of any hears; or
"(2) The 0 -.,.mer has asserted or demonstrated an intention not to perforn
some or all of his obligatio::s under this Contract or under any Lease.
"b. Upon ❑ determination by the PM that a default has occurred, he PHA shall
notify the Ovamer, v:ith a copy to the Government, of (1) the nature of
the default, (2) the actions required to be taken and the remedies to
be applied on account of the default (including actions by the D. -mer to
cure the default,and, v;here appropriate, abatement of housing assistance
payments in whole or in part and recovery of overpayments), and (3) the
time, within which the O. -mer shall respond with a shov:irg that he has
takeh all the actions required of him. If the Ovmer fails to i:espond or
take action to the satisfaction of the'PHA and the Government, the PHA
shall have the right to terminate this Contract in vrhole or in part or
to take other corrective action to achieve compliance, in its discretion
or as directed.by the Government.
"c.
(The provisions of this paragraph c shall apply only if the PHA is the
Lender.) Notwithstanding any other provisions of this Contract, in the
event the Government determines that the Ovmer is in default of his ob-
ligations under the Contract, the Government shall have the right, after
notice to the Ovmer and the PHA giving them a reasonable opportunity to
take corrective action, to abate or terminate housing assistance payments
and recover overpayments in accordance with the terms of the Contract.
In the event the Government takes any action -under this Section, the Oaner
and 'the PHA hereby expressly agree to recognize the rights of the Goverment
to the same extent as if the action were taken by the PHA, The Government
shall not have the right to terminate the Contract except by proceeding
in accordance with Section 2.16 (b) of the ACC and paragraph b of this
Section."
(d) Rights of PHA if Mer Defaults Under Contract'(Existing Housing Projects).
For -Existing Housing Projects, the Contract shall cont¢I the following
provisions:
"a. A default by the Qamer under this Contract shall result if:
"(1) The Owner has violated or failed to comply with any provision. or,
or obligation under, this Contract or of any Lease; or
"(2) The Griner has asserted or demonstrated an intention not to perform
some or all of his obligations under this Contract or under any Lease.
"b. Upon a determination by the PHA that a default has occurred, the PHA shall
notify the Nmer, v;ith a copy to the Government, of (1) the nature of the
default, (2) the actions required to be -taken and the remedies to be
applied on account of the default (including actAns by the Ovmer to cure
the default, and, where appropriate, abatement of housing assistance
payments in vrhole or in part and recovery of overpayments), and (3) the
time vrithin vrhich the Ovner shall respond with a showing that he has
taken all the actions required of him. If the O. -mer fails to respond or
take action to the satisfaction of the PHA and the Government, the PITA
shall have the right to terminate this Contract in vrhole or in port or to
other corrective action to achieve compliance, in its di xre:ion or
as directed by the Goverment.
7..17. RMEDIES NOT EXCLUSIVE AND NOC ,7AIV'R OF RL'.s.DIES.
The availability of any remedy provided for in thin ACC or in the Crntract sh•:11
not preclude the exercise of any other remody under this: ACC or :hc Ccn'_r^.rt Cr
under any provisiono of la:•r, nor nhal.l aay 'lotion taken in the exorcise of or.::
be dcC::'.Jd a wilver of ^, r:r Ot!lC'r ..'h:. C: rt•..,: 1: ^... i.'.. - ';• r'•i:f :... .
ICly ri Ci:t or not c:...,.., 1:.. . ..;:i :l: of U. -
Or a11v othOr riL:ht or rc^oci:; at .:1;:
2.18. liiT'I ::;T LF ::r"S, 011"T.C7 C? 1.1__31.0° t)'-�:`-=T=-- `--,..
(a) Neither the Pili, nor n:',' of its c, n' r%,*!to •s Or l hair
enter into an". contr.nct, sllhzon,r.^.-t, or a:')`a^.::�•^'-CTtr ii: CCt: :i•2 �i.i{: '... ...
any Project, in 4 -hick any r..c:.:vr, officer, or c:c::' th.- ...1, or
member of the go ei'liil:, bad:: of the localit; _:: 7:i)icl. t*^ i':r CC° ::
situated, or nny IGcmilcr of til_^[.. g toUy'of :i:c ;.ccalil;; 1 a•
1, '.... ` i :'A
was activated, o:• any other public official of such loenlit:: or localities ra:o
exercises any responsib:ilitics or funz!tions %-A-b res_:ect to ti:•? Pro,ie-t
during his tenure or for one year herenftel•, l:as ani, interest, direct or
indirect. If any such present or former member, officer, or c:.ploycc of tee
PHA, or any such govern:Lr:g bor.:=c�c1• or such other public official of such
locality or localities. involuntarily acquires or had acquired prior to the
beginning of his tenure any such interest, and if such interest is i::c:elia rly
disclosed to tile PHA and such disclosure is entered upon the i%inutes of the PHA,
the PHA, Lith the prior approval of the Government, may ^:aive Pile prohibition
contained in this subsection; Provided, however, that any such Zi•esent neem-cr,
officer, or employee of the PiLA shall not p:^.rticipate in any action by tile PIA
relating to such contract; subcontract, or arrangement.
(b) The PiIA shall insert in all contracts entered into in connection with any
Project or any property included or planned to be included in any Project,
and shall require its contractors to insert in each of its subcontracts,
the following provisions:
"No member, officer, or,employee of the PM, no member of` the governilr:
_ body of the locality (city and county) in vhiah'the project is situated,
no member of the govelairy body of tic locality in which the P!h'l :^as
activated and no other public official of such locality or localities
who exercises any functions or responsibilities with respect to the
-project, during his tenure or for one year thereafter; shall here any
interest, direct or indirect, in this contract or anyprocceds or
benefits arising therefrom."
(c) The provisions of *the foregoilg subsections (a) and (b) of this Section 2.18
shall not be applicable to the Depositary Agreement, or utility
servide the rates for thich are fixed or controlled by a governmental agency.•
2.12, niTT:P�S: OF : ^_'3 R OF 011 D?i.F.G TE ?0 CCNO _ii35. r
NO me."ober of O/• delel;atc to the Corgres., of 4..e Enited State.^• of k.-.nri C.^. Or rCO: C?e:,C
co:nissioncr shall be ad._teed to any s^arc or part of this ACC or to an
benefits which may arise therefrom.
RESOLUTION NO. 77-196•
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO CERTIFY AND AMENDMENT TO A
CONTRACT BETWEEN'THE CITY OF IOWA CITY AND THE
UNIVERSITY OF IOWA CONCERNING SEWER SERVICES
PROVIDED TO THE UNIVERSITY OF IOWA.
WHEREAS, the City of Iowa City and the University of Iowa have an existing
contract concerning sewer services provided to the University and
the amount of consideration paid by the University to the City, and
WHEREAS, it is mutually agreed among and between the City and the University
of Iowa that the existing contract be amended to reflect present
practices and costs, and
WHEREAS, the City staff has negotiated an amendment to the contract, a
copy of which is attached to this resolution and by this reference
made a part hereof.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa
City, that the Mayor be authorized to execute and City Clerk to
certify the attached amendment to the contract between the City and
the University of Iowa.
It was moved by Selzer and seconded by deProsse
that the Resolution as read be accepted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Balmer
X - deProsse
X Foster
X Neuhauser
X Perret
X Selzer
x Vevera
Passed and approved this 14th day of June 1977 -
MAYOR PRO TEM
ATTEST: dX�
CITY C.ERK
�SiEDW 1)=Tm q
VZ �'+" =�C'
0, I r, -
12y3
•
0 AP�-f
MODIFICATION NO. 1
• TO CONTRACT FOR JOINT CONSTRUCTION AND USE
OF SEWER FACILITIES BY CITY OF IOWA CITY
AND STATE UNIVERSITY OF IOWA
Thin Modification No. 1 to Contract for Joint Construction and Use
of Sewer Facilities by City of Iowa City and State University of Iowa,
dated March 11, 1966, (hereinafter called CONTRACT) is entered into this
day of irt.c 1977, by and between the Iowa State Board
of Regents for the use and benefit of the State University of Iowa,
hereinafter referred to as the "UNIVERSITY", and the City of Iowa City,
Iowa, hereinafter referred to as the "CITY."
WHEREAS, the University and the City have previously joined in the
construction of a sewage disposal plant, a southwest interceptor sewer
and a sewage lift station, and have executed a CONTRACT for the use of the
same and connection thereto of the sewers of the University and an easement
for the location of said lift station, and said CONTRACT is now in force
and effect; a copy of which is attached hereto; and
WHEREAS, said CONTRACT dated March 11, 1966 had merged into it an
Agreement dated March 13, 1964, entitled "Agreement Concerning Collection
and Treatment of Sewage" which provided that the City will charge the
University a sewer service fee based on,a percentage of the established
City water rates for the quantity of water used; and
WHEREAS, City Ordinance No. 75-277+ includes a provision which became
effective on August 1, 1976, changing the basis of determining sewer service
fee from a percentage of established water rates to a flat rate for the
quantity of water consumed, that rate being 27p per hundred cubic feet of
water used.
NOW, THEREFORE, the parties hereto agree as follows;
I
1. That the *ement dated March 13, 1964, Otled "Agreement
Concerning Collection and Treatment of Sewage" is cancelled in its entirety
and is replaced by the terns of this Modification No. 1 to CONTRACT.
2. That the term of this Modification -shall be for a period of
seven (7) years beginning August 1, 1976, and ending July 31, 1983. Upon
180 days written notice prior to the expiration date either party may
indicate its desire to renegotiate the terms of this Modification. The
terms of this Modification will continue until there is an agreement by
both parties as to the revised contract terms.
3. The City will charge and the University will pay the same rate
for collection and treatment of sewage as the rate charged to any other
customer for standard domestic sewage. It is in the intent of this
Modification that all costs of the City system for the collection and
treatment of sewage, operating, maintenance and capital costs, will lie
paid for by all users, including the University, at a pro rata share based
upon water consumption. In computing the charge to the University, the
water flow will be determined by; a) actual water meter readings for
University -owned buildings supplied by City water, and b) the total amount
of water meter readings at University -owned buildings supplied by University
water.
In lieu of water consumption, the University may measure actual sewage
flows.• Actual sewage flows, if used, shall be metered by devices agreed
upon by the University and the City. Such devices shall be placed at
locations mutually agreeable. In the event of a failure t8 agree upon
methods and locations of sewage flow metering, water consumption as described
above shall be used for calculating charges.
4. Period icall• he City will cause rate studi15 to be undertaken
for the system. If there are changes in the rates, the City will give
30 days notice in writing to the University.
5. Capital improvements projects cony be required during the term
of this Modification for essential improvements in the system for the
collection and treatment of sewage. Ordinarily capital costs of those
projects will be incorporated into the normal sewage rate structure. In
those instances when such improvements are incorporated into the normal
sewage rate structure, the University will pay its portion of the capital
costs in the rate charged all customers for standard domestic sewage.
In those instances when capital improvement costs are funded from
sources other than sewage system revenues, the share of those costs to be
paid by the University is to be determined by mutual agreement between
the parties hereto. In the event of failure to agree, within 4 months of
initiation of discussion, upon the share of such capital costs to be paid
by the University, either party may request that the amount will be
determined by a third party selected by the parties to this Modification.
Binding arbitration shall be completed within 2 months after request for
i
arbitration by either party.
6. That the entire sewage collection system and disposal plant of
the City of Iowa City shall be open and available at all times to the
University for use as a sewage disposal study laboratory, that facilities
will be provided at the site disposal study laboratory, that facilities
N
will be provided at the site of the plant consisting of all physical
facilities of the said plant including access by key for all authorized
representatives, and at least 2 acres in extent of ground upon which the
University shall have a perpetual license to place experimental basins,
- 4 -
filters, Lanka and other such equipment, fixtures 3"uiiildinge an may
appear suitable or desirable to the Engineering, faculty of the University
for the furtherance of the study of purification of sewage or its treat -
went by chemical processes or otherwise, and that such license, rights
and privileges shall be so exercised by the University as to avoid
committing any nuisance or offensive condition unsuited to the locality
or neighborhood.
7. In all other respects the Contract for Construction and Use of
Sewer Facilities by the City of Iowa City and the State University of
Iowa shall remain unaltered and in full force and effect.
8. This Modification shall be effective upon adoption or approval
by the City of Iowa City and the State Board of Regent's.
City of ((I��ow��a����
City, IowaBY:OV OW
7
Mayor PI?o 7 -EM
ATTEST:_ Id .st L .
i c3iry �!Le%'K
State University of Iowa
BY:
�
Bueii•ss hfanag r
State Board of Regents
V
MCFIM
8 =7EGAL DFPI.RT�NT
AGREEMENTS/CONTRACTS
Attached are 3 (unexecuted copies of
�p
IiAkk-Plena Ir, r?i� �awaSa. L'77-1%/
/4, /977
as signed by the Mayor.
After their execution by the second party, please route
F 2) �c� '
3)0
4)
5)
is to be responsible for
completion of this procedure.
i