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HomeMy WebLinkAbout1978-05-09 Resolutionr41LROFILMEO BY JORM MICROLAB CEDAR RAPIUS AND ULS ;4UIPIL�, iudh //'. RESOLUTION NO. 78-156 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: C. K. of Iowa City, 1401 S. Gilbert St. It was moved by Perret and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x NAYS: ABSENT: Passed and approved this 9th day of 19 78 Attest: City Clerk Mayor _R'141CROEILMED BY i I JORM MICR¢LAB - CCMP PAPM • 0(S MOINES 87/ rj_I iROFILMLD BY DORM MICROLAB CEDAR RAPIOS AND DLS fluit L ;ueu, RESOLUTION NO. 71^'7 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT RESUBDIVISION OF LOTS 1 THROUGH 24 INCLUSIVE OF PARTS 1 AND 2 OF PEPPERWOOD ADDITION WHEREAS, A preliminary and final plat of Resubdivision of Lots 1 through 24 inclusive of Parts 1 and 2 of Pepperwood Addition, Iowa City, Iowa, has been filed with the Clerk of Iowa City, and after consideration 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 Conunission, and WHEREAS, an improvement agreement has been entered into between the City of Iowa City and Braverman Development Inc., which provides for the installa- tion of concrete paving within such subdivision, and WHEREAS, the dedication has been made with the free consent and in accordance with the desire of the proprietors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that the said Preliminary and final plat of Resubdivision of Lots 1 through 24 inclusive of Parts 1 & 2 of Pepperwood Addition be and the same is hereby acknowledged and approved on the part of Iowa City, Iowa, and the dedication of the streets as by law provided is here accepted. BE IT FURTHER PRESOLVED by the City Council of the City of Iowa City, Iowa that the Mayor be directed to execute a Vacation Agreement between i Braverman Development Inc. and the City of Iowa City in accordance with Section 409.19 of the 1977 Code of Iowa vacating a portion of property which is a part of a duly recorded subdivision entitled Pepperwood Addition Part I and Pepperwood Addition Part II recorded on Book 505 page 267 and in Book 505 page 290 in the County Recorders office of'Johnson County, Iowa. BE IT FURTHER RESOLVED that at such time as the certificates required pursuant to the provisions of Chapter 409 of the Code of Iowa have been executed and presented to the Clerk, the Mayor and the CJerk are hereby directed to certify a copy of this resolution to the County Recorder of .Johnson County, Iowa. The foregoing resolution was moved by deProsse and seconded by Roberts at a duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa, on the _ 9th day of May 1978, commencing at 7:30 P.M. Upon roll call, the following vote was taken: Ree%ieei, I Approval Ey The Le;,, I Depal meni s76 1 wi�nun uvcu of ,..,y JORM MICR+LAB CfDnp PM 17, • ''(`, VI01'7FS i f•11UIUFILI+ED BY JORM MICROLAB Res. No. 78-157 Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera • CEDAR RAPIDS APID UES ;IUI:iL�, ;Ueii, -2- Aye X Nay Aye X Nay Aye X Nay Aye X Nay Aye X Nay Aye X Nay Aye X Nay Absent Absent Absent Absent Absent Absent Absent The foregoing is hereby duly certified by Abbie Stolfus, the i City Clerk of Iowa City, as a true and exact copy of a resolution of the City Council -of Iowa City, Iowa, ade at a regular meeting held on the 9th• day of May i 1978. ` Passed and approved this 9th 1978: ATTEST: City Clerk -tel _ A ie 4-. tol us, Cit Clerk o Iowa City, Iowa day of May Af Mayor JORM MICR+LA9 (FOAP PnPI nS 111S!4019[5 If, 111i.k0i ILi1EU BY JORM 141CROLAB CEDAR RAPIDS AND ULS) IUillu, •w,n RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT RESUBDIVISION OF LOTS 1 THROUGH 24 INCLUSIVE \\ OF PARTS 1 AND 2 OF PEPPERWOOD ADDITION WH REAS, a final plat of Resubdivision of Lots 1 through 24 in- clusive of ,Parts 1 and 2 of Pepperwood Addition, Iowa City, Iowa, has been filed \ith the Clerk of Iowa City, and after consideration was found to be in accordance with the provisions of rthe laws of the State of Iowa and the ordinances of the City of Iowa City, Iowa, by the Iowa City Planning and'1,Zoning Commission, and WHEREAS, an improvement agreement has been entered into between the City of Iowa City'\and Braverman Develop L nt Inc., which provides for the installation ofd concrete paving w i�thin such subdivision, and F WHEREAS, the dedication has been made with the free consent and ( in accordance with'the desire\of the proprietors. NOW, THEREFORE, BE IT RESOLVED/by the City Council of the City of Iowa City, Iowa, that the saidhfinal plat of Resubdivision of Lots 1 through 24 inclusive of Parts 1//& 2\of Pepperwood Addition be and the same is hereby acknowledged an/d approved on the part of Iowa City, Iowa, and the dedication of the st�r� ets as bye law provided is here accepted. BE IT FURTHER RESOLVFjD/ that at such time as the certificates required pursuant to t provisions of Chapter 409 of the Code of Iowa have been executed and presented to the Clerk, the Mayor and the Clerk are hereb/irected to certify a copy of this resolution to the County Recorder of Johnson County, Iowa.\,, The foregoing/ resolution was moved by and seconded by / \ at a duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa, on the day of 1978, commencing at 7:30 P.M. Upon roll call, the following vote was taken: JORM MICR+LA6 �rnnn u.�rl�^: • �1ra �amar� yd f- as E-01 . R^.c, ijyed & APP;011A Sy The Legal Dzpaim-nf S 76 I.1ICROFILMLD BY JORM MICROLAB STATE OF IOWA ) SS: COUNTY OF POLK ) CEDAR RADIOS AND ULS -3- On this day of* , 1978, before me the undersigned, a Notary Public in and for said County, in and said State, personally appeared — to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing in- strument to which this is attached; that said instrument was signed on behlaf of said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in an or Polk County, Iowa STATE OF IOWA ' ) SS; COUNTY OF POLK ) On this day of , 1978, before me, the undersigned, a.Notary Public in and for said County, in said State, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing in- strument to which this is attached; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said' and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Polk County, Iowa IJICROFILMED BY JORM MICR+LAB fi DAP. P.v�;^c �rS !-0OO;fS 1116kUEILMEU BY JORM 111CROLAB CEUAk RAPIDS MW UL: '1Uihto. +++ RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT RESUBDIVISION OF LOTS 1 THROUGH 24 INCLUSIVE OF PARTS 1 AND 2 OF PEPPERWOOD ADDITION WHEREAS, a final plat of Resubdivision of Lots 1 through 24 in- clusive of Parts 1 and 2 of Pepperwood Addition, Iowa City, Iowa, has been filed with the Clerk of Iowa City, and after consideration 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, an improvement agreement has been entered into between the City of Iowa City and Braverman Development Inc., which provides for the installation of concrete paving within such subdivision, and 1 WHEREAS, the dedication has been made with the free consent and in accordance with the desire of the proprietors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City aid final plat of Resubdivision of Lots 1 of Iowa City, Iowa, that the s through 24 inclusive of Parts 1 & 2 of Pepperwood Addition be and the same is hereby acknowledged and approved on the part of Iowa City, Iowa, / and the dedication of the streets as by law provided is here accepted. BE IT FURTHER RESOLVED that at such time as the certificates required pursuant to the provisions of Chapter 409 of the Code of Iowa have been executed and presented to the Clerk, the Mayor and the Clerk are hereby directed to certify a copy of this resolution to the County Recorder of Johnson County, Iowa. The foregoing resolution was moved by and seconded by at a duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa, on the day of 1978, commencing at 7:30 P.M. Upon roll call, the following vote was taken: R^C^iv-d R Ey Tlie Lcgal D y,,ci;n nt JORM MICR+LA9 IVDA" . ,FS F1019rS MICROFILMED By JORM MICROLAB • CEDAR RAPIUS MID ULS MUli1Lj, 1Ur1n SOUTHGATE DEVELOPMENT 1902 Broadway Iowa City, Iowa 52240 13191337.4195 May 3, 1978 Mr. Donald Schmeiser Department of Community Development Civic Center Iowa City, Iowa 52240 Re: Pepperwood Resubdivision Dear Don, Would you please place us on the informal council agenda on May 8. At that time Tony Kushnir will have his report from the Hollywood property owners on our request for a Broadway -Highway 6 connection. At the same time, if you could, place this item on the council's formal agenda for the following day, May 9. Thank you. Sincerely, Steven Victor q....�tT1414 OFILIIED BY JORM MICR+LAB COON+ PMIn% . pft I101'If5 Mlwu 01 ILi•iLd By JURM MICRULAU LEUAR RAPIJ1 AND x1 ;U;;iu Form 562 I' - \ STATE HIGHWAY COMMISSION rare Application for use of— Highway Right of Way for Utilities Accommodation , Permit No. Applicaur: Forest Barker Robert Barker Edward Thomas Wendell Thomas Earl Yoder (Name of Owner) EARL YOOER CONSTRUCTION CO 425 Huy #1 W Iowa City Iowa 52240 (Address) (city) (Sate) (Zip Coda) Iowa State Highway Commission Ames, Iowa Gentleme7: Approval is hereby requested for the use of Primary Highway Ione Huh #1 In Sec. 16 (Number) T 79N R 6W Johnson County Approximately 0.5 miles, West from the intersection of U S 6-218 6 Iowa Hwy #1 Iowa City. Iowa (Direction) (Place, Town, Etc.) at Highway Station(s) No.� line for the transmission of—Br The installation shall consist of for the accommodation of an 8t' 0 gravity sewer mein and will be located as shown on the detailed plat attached hereto. AGREEMENTS: The utility company, corporation, applicant, permittee, or licensee, (hereinafter referred to as the Permittee) agrees that the following stipulations shall govern under this permit. 1. The location, construction and maintenance of the utility Instatiation coveted by this application shall be in accordance with the current lows State Highway Commission Utility Accommodation Policy. 2. The installation shall meet the requirements of local municipal, county, stale, and federal lave, franchise tales, and regulations, tegW&' tions and directives of the Iowa Sate Commerce Commission, Utilities Division, the Iowa State Department of Health, au rules Lad regula- tions of the lows State Iligboy Commission, Lod soy other laws or regWatlons applicable. 2. The Permittee shall be fully responsible for soy future adjustments of Its facilities within the established highway right of way caused by highway constrection or maintenance operations' J. The JOWL Stare IDgbvay Commission shall give the Peralttee at tout b hours written notice of any proposed construction of maintanance work, on either existing or newly acquired dghtofvay, that Is likely to conflict with the Installation belonging to the Permittee, In order that We Permittee may arrange to protect its facilities. 5. The State of low& and the Iowa State Highway Commission assame no responsibility far damages to the Permittee -s property oocuiooed by any construction of maintenance operations on laid highway. 6. The Penmlllee shall take all reasonable precaution during the eonstroctlen and maintenance of Said laatallmica to protect and safeguard the lives and property of the traveling public and adjacent property owners. T. The Penalties agrees to give the Slate Highway Commission furt"ight hours' notice of Its intention to start construction on the highway right -Of -way. Said colica shall be made In writing to the Engineer whose name Is shown below. S. The Families agrees to ai all times give the Iowa Stale Highway Commission tlaely Dallas of ictention to perform motes maintenance within the right -Of -WRY- Said notice shall be to the Engineer whose name Is shown below. 9, The Permittee, and Its contractors, shall carry on the construction or repair of rhe aceammadated utility With Actions regard to the Milli, of the public. Traffic protection Shall be to accordance with Part VI of the cannot loo State Hlghway Commission Manual on Uniform Traffic Controls. Wghoy Commission personnel may supervise fl&Wgg operations where considered necessary by the Engineer. The original plane• meat of signs and removal on oompleUon of the work $hail be Lecomphahed by the (Petmllte(�Wgho `aonCometsslonl• �7N IdICIOFRRrn By JORM MICRWLAB MnIVf9 t•li�rtUr 1L64U by JORM 1.1ICROLAb LLUAR RAPIUS AkU IJu „„ le. Operatic" In the construction and mal• -ace of said utility installation shall be mrrif • in such a manner " to cause a minimum of Interfereace to or distraction of traffic on A highway. it. The Permittee shall be responsible for any dam -.a that may result to said highway bemuse of the construction operation, or maintenance of said utility, and shall reimburse the State of Iowa or the Iowa State Highway Commission for any expenditure that the Stats of Iowa or the law& State Highway Commission may have to make on said highway because of said Permlttee's utility baying been constructed, *pet", and maintained thereon. 12. The Permittee shall indemnify and save harmless the State of Iowa and the Iowa State Highway Commission from any and all "nice of action, sults at law or in equity, or losses, damages, claims, or demands, and from any and all liability and expense of whatsoever nature for, on account of, or due to the acts or omlesians of said Permittee's officers, members, agents, representatives, contractors, employees of usigns arising out of or in connection with its (or their) use or occupancy of the public highway "der this permit. 13. Nor' a mplhnce with any of the terms of the Highway Commission policy, penult, of agreement, may be considered roue for abut -down of operations or withholding of relocation reimbursement until compliance is "sued, or revocatioo of the permit. The cost of any work caused to be performed by the State In removal of nou-complying ooutruction will be assessed against the Permittee. 1e. A copy of the approved permit shall be available on the Job site at all times for examination by Highway Officials. 15. The following special requirements will apply to this penult: APPLICANT: (Partnership of those named as ''Applicant") By���� Name of Ownat g"tore rr Tl e c/o Earl Yoder Construction Co. Date Address 425 Hhry #1 West Iowa City IA 52240 APPROVAL OF CITY OR TOWN (If proposed line is within an Incorporated town or city, the Council of said town or city meat grant approval for Installation.) _ The undersigned city or town Joins In the grants embodied In the above permit executed by the Iowa State Highway Commission au conditlo hat all of the covenants and ondertaktugs therein running to the Iowa State Highway Commission shall Insur to the be t o he under goad city or town. The permit Is approved by the below delegated city at town official." By Director of Public Works Date May 10. 1978 Signa a TWO APPROVAL BY THE STATE FOR PRIMARY HIGHWAYS Date Resident Maintenance Engineer APPROVAL BY THE STATE FOR BRIDGE ATTACHMENTS AND INTERSTATE HIGHWAYS Recommended Date Resident NLLtena nuoe Engineer District Maintenance Engineer Date ApprovedDate AssistantMaintenance Engineer Notice of Intention to start construction on the highway dght•ef-way shall be sent to: Engineer Address Telephone Notice of Intention to start maintenance on the highway dgbt-of-way shall be soot to: Address Telephone s copies of this application will he required for all installations. ;11ff1Of ILIAp) SY DORM MICR46LAB MI LRUFILMED BY JORM MICROLAB CEDAR RAPIDS AND UL" Hu :+L,, 7hzr�t�x��E/�[ w °AUTTION AIO. 78-158 RESOLUTION AUPBORIZING EX@aITION OF AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION WHERF,A,S, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa De artment of Transportation , a copy of said agreement being attac to a Reno ution e reference made apart hereof, and, WHEREAS, the City Council dead it in the Public interest to enter into said agreement for the development and installation of lighting for the I-80 and Iowa 1 interchange. NOW, THEREFORE, BE IT RESOLVED BY THE CITY WINCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with the Iowa Department of Transportation 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by deProsse and seconded by Perret the Resolution be adopted, 5i �Upon 0�call there were: i AYES; NAYS: ABSENT: X BALMER X dePROSSE X ERDAHL X NEUHAUSER X PF.RRET X ROBERTS X VEVERA May Passed and approved this 9th day of �197& Mayor ATTEST: N City Clerk 0;1 ; ;. •:. ; ;S Gy Tim U.Oal DQpariment --:� 2 79 141CROFILMED BY JORM MICR6LA6 (TMP. P�P!n" • '`f5 +101Vl Ml(,ROU ILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS iIUINL�, :01-11 IOWA DEPARTMENT OF TRANSPORTATION Order No. PRE -CONSTRUCTION PROJECT AGREEMENT FOR PRIMARY ROAD EXTENSIONS City Iowa City County ' Johnson Project'No. I-80-7(36)251--01-52 Iowa D.O.T. Highway Division Agreement No. 76-14-088 This AGREEMENT, entered into by and between the Iowa Department of Transportation, hereinafter designated the "STATE," and the City of Iowa City, Iowa, hereinafter designated the "CITY," ` WITNESSETH: -that WHEREAS, the STATE, in accordance with the provisions of Chapters 306 and 306A, and Sections 313.21 and 314.5 of the Code of Iowa, 1975, as amended, proposes to illuminate the I-80/Iowa_l interchange as a controlled access facility within the CITY, consisting of (8) 35', 150 watt sodium luminairs, and NOW, THEREFORE, it is hereby agreed as follows: 1. The STATE will develop and install the aforesaid.lighting installation at the I-80/I0wa 1 interchange within the CITY. 2. ,Upon completion of said lighting installation the CITY shall thereafter have ownership. The CITY will operate and main- tain the entire highway lighting installation, and will pay all costs of any nature whatsoever incurred in connection therewith, including but not limited to power costs, repair repair and replacement of equipment. See exhibit "A" attached, for the diagram of the lighting pl.t� 141CROFILI.IED BY ' JORM MICR+LAB MIN' RP1'1"F. • Pf4 MOIACS h11CkOFILKD BY JORM 141CROLAB CEDAR RAP105 AND uES 1OII'L�, iuvJ„ County Johnson Project No. I-80-7(36)251--01-5 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. .76-14-088 as of the date shown opposite its signature below. City of Iowa City � By: ✓ r/twrt/ Title: Mayor May 9 1978 I Abbie Stolfus certify that I am the Clerk of the CITY and that Robert A. Vevera who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the 9th day of May 197 8,•by the following cali of yeas and nays recorded hereon. Yeas Nays Absent Or Not Voting Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Members of the Council Signed /L City Clerk of Iowa dity Iowa' '5a 197 8 Date Iowa Department of: Transportation Highway Division / l �f By: �J cif l/ cam` 72 ` 197 4 Datc ATTEST: By _ ,• J,,) Gr`,L � :41CROFIL14CD 9Y ..I JORM MICR+LAB ff D�17 �?AP@° MS ht0111f5 h11LRDfILMED BY JDRM MICRDLAB CEDAR RAPIDS AND ULS MuiNL�, iuetl+ l��rsl+� auM f�y P.•essure /�l �. �; i I no. F (• � 1 a Sn'>`1h3 %�•/C •gam. • Sw 7(�r J7Et lG �% e no.-rp .y. nw..p •e• I HEVIMRY Two Y -W" R -LW NIG4t5':T llGniu\o i:..C� . O(C ]L ivgr,(oa!:GI 14 °s .Three 35tf{, h ,•,.,,..,. ,9 3 /5o1 waff/. 7�OA Pre -ss ur 1¢ yp�. + Sua_ &d7 V r+I LG rhtarQl r•S'• -I JL)wnmON CO ,rr .t -(O-1 bL).5, --0/•51 I4ICRDFILI4CD BY >� JORM MICROLAB UPAR RAP!ht R(S 1OVO HlukOFILI4LD BY JORM I.IICROLAB CEDAR RAPIDs APIO uLs luGiL:, City o9 Iowa CP'v DATE: May 4, 1978 TO: The Honorable Mayor and City Council FROM: Dick Plastino, Director of Public Works P//�✓ `�� RE: I-80 Interchange Lighting Agreement With IDOT DISCUSSION Un„ Attached is a copy of an agreement between the City and IDOT. As can be seen the agreement directs that the state would undertake to develop and install a lighting scheme at the interchange of I-80 with Iowa Highway G. Also the agreement directs that the City will be responsible for the provision of energy and maintenance for the lighting scheme which is developed by the state. Incorporated into the agreement is a plan showing the installation of eight 150 watt high pressure sodium luminaires mounted 35 feet above the road surface. As can be seen in the sketch the lighting centers around the off -ramp on-ramp connections with Highway Irl. COMMENT IDOT's light system has already been installed by contractors under the direction of the Iowa DOT. The project was undertaken by the state to improve those areas of the interchange which were deemed to be confusing and have a higher n accident potential during the night time hours. RECOMMENDATION jm4/1 It is the recommendation of Public Works that the City Council pass a resolution authorizing the City to enter into this agreement with Iowa DOT. While the City would prefer that IDOT pay for power and maintenance, current State law does not provide this option. The area does have a high accident rate. 141CROFi LMED BY JORM MICR+LAB MIAP MOINES r•1IL,ROFILMED BY JORM MICROLAB CEDAk RAPIUS AND DLS luiNL:,, :uw, RESOLUTION NO. 78-159 RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO A CONTRACT BETWEEN THE CITY OF IOWA CITY AND VEENSTRA AND KIMM WHEREAS, the City of Iowa City did on August 30, 1977, enter into a contract for Technical Services for the redesign of the Corridor Sewer Project, and WHEREAS, it is now necessary to amend said contract. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the amendment for the Contract for Technical Services for the Corridor Sewer Project, which amendment is attached hereto and by this reference made a part hereof, is hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute said amendment. 3 It was moved by deProsse and seconded by Balmer that the 3 Resolution as read be adopted and upon roll ca11 t ere were: AYES: NAYS: ABSENT: x BALMER X dePROSSE z ERDAHL x NEUHAUSER X PERRET X ROBERTS x VEVERA Passed and approved this 9th day of May 1976• MAYOR ATTEST: CITY CLERK Rceeivnd & Apo;nv�'d By The Lc:;zi l%c .,trtraent 141CROFILMEO BY JORM MICR�LAB ffOAC 100M . ')FS MIVS 0 141L,kOF1LMED BY JORM 141CROLAB CEDAR RAPIDS AND UL, SWi:+L, FOURTH A14ENDMENT TO AGREEMENT WHEREAS, the City of Iowa City, hereinafter referred to as the City, has entered into an agreement with Veenstra & Kinm, Engineers & Planners, hereinafter referred to as the Consultant, for the preparation of a Facility Plan in accordance with Title II of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500), and WHEREAS, said Facility Plan includes a Sewer System Evaluation Survey as a major component, and WHEREAS, said Sewer System Evaluation Survey consists of ten phases, as follows: Phase 1 - Preparatory Map Work Phase 2 - Footing Drain Tile Testing and Civic Survey Phase 3 - System Flow Monitoring i Phase 4 - Physical Survey Phase 5 - Smoke Testing j Phase 6 - Dye Water Flooding 11 Phase 7 - Interim Report Phase 8 - Preparatory Cleaning Phase 9 - Television Inspection Phase 10 - Analysis Reports, and WHEREAS, initial funding of said Sewer System Evaluation Survey by the U.S. Environmental Protection Agency and the Iowa Department of Environments Quality, hereinafter referred to as the regulatory agencies, was only for the first seven phases, and WHEREAS, additional government funding for the remaining phases of said Sewer System Evaluation Survey was made contingent, in the federal grant offer, upon the findings and recommendations of Phase 7 - Interim Report, and WHEREAS, said Phase 7 - Interim Report has been submitted to said regulatory agencies and said regulatory agencies have approved additional work and have granted permission for additional dye water flooding, preparatory cleaning and televising, provided such preparatory cleaning and televising work is awarded on the basis of competitive bidding, and preparation of Phase 10 - Analysis Reports, and WHEREAS, said City wishes to proceed with completion of said Sewer System Evaluation Survey. NOW, THEREFORE, it is hereby agreed by and between the parties hereto that the amended agreement be further amended by making the following deletions or additions to certain exhibits in the amended agreement, to wit: 141CROFILMED BY JORM MICR+LAB ffIlI1P f+7 r, pc �r<'.1019r5 I-IILROFILMLL) BY JORM 141CROLAB CEDAR RAVIus AN AC EXHIBIT A - SCOPE OF SERVICES Under "Phase 6 - Dye Water Flooding," add the following paragraph: As a result of the findings and recommendations set forth in Phase 7 - Interim Report, which have been approved by the regulatory agencies, in addition to the 40,000 feet previously provided for, dye water flood a maximum of 46,600 additional feet of storm sewer, ditches, streams and ponding areas which lie in close proximity to sanitary sewer sections." Delete "Phase 8 - Preparatory Cleanin " and "Phase 9 - Television Inspection in their entirety an substitute the following: "Phases 8 and 9 - PrearatoEZ Cleaning and Television Inspection" will tw Include o nt comoonec_ — I. Preparation of specifications and bidding documents by the i Consultant to facilitate the receipt of bids by the Consultant and award of a subcontract by the Consultant for preparatory cleaning and internal inspection of selected sewer lines. The Consultant shall make final selection, based on Additional Dye Water Flooding, of lines to be cleaned and { televised in addition to those recommended in Phase 7 - Interim Report. The Consultant shall also observe and monitor the work of a contractor engaged in the actual cleaning and televising. 2. Actual work of a contractor to clean and inspect, by internal television, selected sewer lines. The sewer lines to be cleaned and inspected shall include 10,500 linear feet listed in Phase 7 - Interim Report plus a maximum of 17,000 additional linear feet to be selected following completion of field work and analysis of data obtained from Additional Dye Water Flooding. It is understood and agreed that the work has been approved by the regulatory agencies subject to competitive bidding for the work under Component 2. It is the intent of this Fourth Amendment to establish maximum costs for the work set forth for Phases 8 and 9 so as to eliminate the need for further amendments to the amended agreement and further amended grant applications. The specifications for preparatory cleaning and television inspection will clearly define the work to be done and the specific responsibilities of the City, the Consultant and the contractor for the preparatory cleaning and television inspection work. The specifications will be prepared after completion of Additional Dye Water Flooding. The specifications will be prepared in sufficient time to solicit bids and complete the work within the time framework established for completion of the survey." -2- MICROFILI4f.0 By ' JORM MICR#LA6 fl'llnl' Vrtn;,�. hf }101 Yf5 I'liLIWI ILMED BY JORM MICROLAB CEDAk RAPIDS AND ULS ;'1U1:iL1 Under "Phase 10 - Analysis Reports," add the following paragraph: "G. Approval of this Fourth Amendment by the City and the regulatory agencies constitutes notice to the Consultant to proceed with Phase 10 - Analysis Reports at a maximum fee not to exceed that set forth in "SUMMARY OF ESTIMATED FEES BY WORK PHASES" dated April 28, 1977. Said fee, including the maximum amount chargeable for the actual costs plus the fixed fee is FORTY-FOUR THOUSAND, SIXTEEN and no/100 DOLLARS ($44,016.00). This fee has heretofore been approved by the City and has, under cover letter of April 28, 1978, been approved by the regulatory agencies." EXHIBIT D - COMPENSATION Amend the Third Amendment to Agreement, as regards Compensation, as follows: "In addition to the maximum amount chargeable under the Third Amendment to Agreement for the actual costs of TWO HUNDRED THIRTY-SIX THOUSAND, FIFTY-THREE and no/100 DOLLARS ($236,053.00) and the fixed fee of TWENTY THOUSAND, ONE HUNDRED SIXTY-FIVE and no/100 DOLLARS ($20,165.00) for work set out under Phases 1 through 7 and Phase 10, there shall be an additional maximum fee for the additional work provided for under this Fourth Amendment to Agreement based on the actual costs incurred plus a fixed lump sum fee in accordance with EPA Form 5700-41 plus the estimated costs for actual preparatory cleaning and television inspection. Said additional maximum fee shall be as follows: I. For Additional Dye Water Flooding, the maximum amount of TWENTY THOUSAND, THIRTY-EIGHT and no/100 DOLLARS ($20,038.00) based on EPA Form 5700-41 submitted by the Consultant's Subcontractor. 2. For Consultant's services on Phases 8 and 9 - Preparatory Cleanin and Television Ins ection, the maximum amount chargeable for the actual costs or the work, under this Fourth Amendment to Agreement is SIX THOUSAND, EIGHT HUNDRED NINETY-FIVE and no/100 DOLLARS ($6,895.00). The fixed fee for said work is ONE THOUSAND, THREE HUNDRED FIFTY-ONE and no/100 DOLLARS ($1,351.00). 3. For a contractor's services on Phases 8 and 9 -Preparatory Cleaning and Television Inspection, the amount bid but not to exceed a maximum amount of THIRTY-TIIREE TIlOUSAND and no/100 DOLLARS ($33,000.00). Bids received shall be subject to approval of the City and the regulatory agencies. In the event the low bid exceeds the maximum amount, the bids shall be rejected and/or the scope reduced. All of the above result in a maximum amount chargeable for the actual costs for the work set forth in this Fourth Amendment to Agreement of FIFTY-NINE THOUSAND, NINE HUNDRED THIRTY-THREE and no/100 DOLLARS ($59,933.00). The fixed fee for wort: set forth in this Fourth Amendment to Agreement is ONE THOUSAND, THREE HUNDRED FIFTY-ONE and no/100 DOLLARS ($1,351.00). -3- Y• iucnonM0 BY DORM MICR6LA6 fl'pOP VF!n' 9F'. 'n!'T'. MICRUFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS ?1LiI�G The maximum amount chargeable under the amended agreement, the Third Amendment and this Fourth Amendment for the actual costs is TWO HUNDRED NINETY-SIX THOUSAND, FORTY-SIX and no/100 DOLLARS ($296,046.00). The fixed fee under the amended agreement, the Third Amendment and this Fourth Amendment is TWENTY-ONE THOUSAND, FIVE HUNDRED SIXTEEN and no/100 DOLLARS ($21,516.00). Should the scope of work, as defined herein, change and should it be imminent that thereby the costs of performing this study shall exceed the above, a contract amendment must be negotiated and approved by grant amendment from the U.S. Environmental Protection Agency. The ats are hed hereto madefalpartnofCthisoFourtheAme dmentSummary FtomAgreementtofcand the parties hereto: EPA Form 5700-41 (2-76) for the additional work to be done or subcontracted for by Veenstra & Kimn. EPA Form 5700-41 (2-76) for work to be done by the Subcontractor, American Consulting Services, Inc." The undersigned do hereby covenant and state that this Fourth Amendment is executed in duplicate as though each were an original and that there are no oral amendments that have not been reduced to writing in this instrument. It is further covenanted and stated that there are no other considerations or monies contingent upon or resulting from the execution of this Fourth this Amendment nor have any of the above been implied by or for any party amendment. Accepted this ! 2f(Iday of _.__ , 1978. FOR THE CITY: F THE CONSULTANT VE ISTR & KIMM Mayor, City o owa City, Iowa /J mes W Kilum, P /tner ATTr.cT- ATTEST: -4- Y `af r VI I CRnf IL1ACO BY 1 JORM MICR( LAB MIAP RA1'!pS ^CS MWIF5 MI CROs I LI -110 BY DORM MIICR+LA6 friLif, P`d';!�` • 'p ` 140111(5 1.. �.., ,.f. I or s rvey d in se 10- � i 1 f ,860.00 s 575.00 'rI Rr"14 ' � • 1 I ;'p'`�t• i l lit > , t ti j• IN 1, 98.00 _ 33.00 51_00 PA nn 1.. �.., ,.f. I or s MILROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MUINL:,, iUl.. iowa department of environmental quality reply to: Wayne Farrand phone: 515/281-8983 April 28, 1978 J. W. Kimm Veenstra IS Kimm Engineers 6 Planners 300 West Bank Bldg. 1601 22nd Street West Des Moines, IA 50265 RE: Iowa City, Iowa EPA Project No. C190830 01 Dear Mr. Kimm: Enclosed find a copy of a letter from EPA regarding the Iowa City project. This Departmeni has also reviewed the project and concurs with these comments. Please excuse the delay in this transmittal as the original letter was not received by this office. Please note the conditions and instruction provided in the letter. internal inspection of the corridor sewer is unnecessary. However, a report of justification should be submitted. Instructions for force account work are not enclosed as per EPA's letter. If your office is unfamiliar with EPA requirements for such, please advise and we will see that the proper information is sent. The additional SSES work can be initiated. A grant amendment should be submiEEed''eo this office can endorse a grant increase to cover this work, Sincerely, CREM/ICALS AND WATER QUALITY DIVISION �1,J !Jayne Farrand, P.E. Construction Grants Section ,fn III'�, III WF: min encl cc: EPA, WATR-ENCR Mr. Eugene A. Dietz, City Engineer, Iowa City DEQ Regional Office No. 6, Washington Henry A. Wallace Building, Des Moines, Iowa 50319 IIICROFIL14CO By JORM MICR+LAB CFnnn or'IaOnarS milt,t i ILMLD BY JORM MICROLAB • CEDAk RAPIDS AND uts h1�ihL Y •t' micRDEILMED BY JORM MICR(�LA6 MIMI Par'!" HO P9!` h'IiOWi !LMLO BY JORM i41CROLAB CEDAk RAPIDS AND IJLL ;'IVJ:IL-, NICROFILI•ILD BY r DORM MICR4RLAS "PAI, PAP:,), rF•, Mnrir• INCE' -` WORK RECOMMENDED IN INTERIM R' ;. �.......,.... A14EiID14ENT TO SCOPE TO •. NUYULR ]. sruc •. •dL750987 "'i:'::': E. APPLI• ArPLICM FEDERAL ASSISTANCc CANT'S C190830 Ol TION e, DAiE Y... ".IA dOY 1 ''"+` APPLI. w. DAZE TIER 77 Y nP m., D, e,Y LIEN ASSICn[D 19 I / 4 04 ❑ PRGPPLICA710N 1. TYPE CATION 19 ecITON (A APPLICATION OF INTENT (DOL) NA .w ❑ NOTIFICATION pM•w Du. Ikt. ❑REPORT OF iEOCML ACIIOX S. FEDLML EMPLOYER IOCN IIrIGAiION N0. 42-6004805 /. LEGAL APPLICANT/RECIPIENT City City of Iowa P 1110 16161• .. AOAIIOM N,m• NIA 6' •. NUUO[� 1. 0N.nIraUN U.1' _ 410 E. Washington Civic Center GHP•IJ 1.111[ Wastewater Treatment (ii>i' '-sai iiii'>:r•: K:: <. 51Nd/P•O. DN ,, CAunD : Johnson ,F',.. Iowa City Fadwd Works - EPA Grant • . a•:; CC 1 OM1 , EHw•: 52240 Iowa CnIMN sill. Nn. IN•^• Neal G. Berlin 319-354-1800 Ta[CIPIENT .. CnNH a. TYPE OP APPLICAI A Id"k... N..1 A-Sldr H-CnmmunIT..livaI YHOICCT 1- NNMr Idu<Nend Inddvlion 7. TITLC AN DESCRIPTION Of APPLICANT'S O-Inbnbl• Additional VSUNNI. 6-Olnon lSP.AYh mrold E Sewer System Evaluation Survey D-wnnlY Report) E_CIt, Work Recommended in Interim r-S,,.I Wood f StKid PmW • A'ntrr npy,up N Nllna .. ...,, .. TYPE OF ASSISTANCE r agi. 9. ""I. El.nl �1�1 D-SUGiNm.nlnl Eunl C-DIAw y,i.N -PP'.. lN 1 I I Y' �"•'""• fi::: r ::i:• ' �'.•"...��.••: • 11. ESTIMATED II ON 13. TYPE C APPLICAIO [•Aud^•nlrti•n ....Nn. Of PCRSON4 --�� Y mu °7 ailiu, DER ►R•nad U-Gnlirnu•Ilan 10. ARCA OF PROJECT IMPACT bmiu, .le.l DCNEFITO.D Snbr °PPruprNN I'll., © ,' 48,925 TYPE Of CHANGE 11, Loo• TIN - a - l5. 1/, CONGRESSIONAL DISTRICTS OF: S ,,,.ruN D.Ilary r-0Nu lSDmifYl, DH ❑, no SED FUNDING F• p 1. PROJED7 O-Uurnu �'�CD ;00 •. /JIIIGX'lni ty o 1 o-Nwln, Du.W1 -�� Cit -wide 0.OHlr.,, Dul.11an �erV , ,: .. FEET 3 x-1-1 j _ d'��D`J'-� (-GnUlltllm Enlnr DPIm•' I /LI Id• I 21 060 1•Ilrr Nl L[:I ,✓' a pIC4TAnT 17. PRO ':; •�J-�rF: .:: 1. APfIICANI p^nN •00 1co 6. m•n1A d+Y DU TION AIOnIMNUMBERf' DATE. Flcanon : Y'r `:ii::;:iji•: �Ymr e. STAT[ - •� �J'II Y••r munlA dAY 19• Cl,LET FEDERAL OIT 1. LOLL IO, ESTIMATED DATE TO 15 ;. '•. .OG I. OIxIA vE SUBMITTED TD 21. RCMARNS ADDED 9 OO FEDERAL AGENCY ► 19 7B 5 n EPA -Region VI X] N- °�,�. 1. TOTAL i S}1.J-redo Yb 10. rEDERAL DEPICT TO RECEIVE REQUEST IA'nm•,CITY.SIN.,ESP•e41 Cit Missouri 64108 Pu°ulnl b n• o r vin/ 61 OYE DIRYI,I L95 IAN •AdlwllM •D rvlmllbd, ,nd •II IwwnN, W nil<AN: •Dar• 1735 Baltimore Kansas 1naINV •nd N Irl. 1. 11 r qq •. i° IM Iwl d mr ' ,W<Ilm. Inadn, N •i:mWl,1. <INdnR,^an ' dtlR N LA,, IINAdIt•IINhDDIINIInn m application. ❑ ❑ M, Nm app CTHE In• m1 Nn^I, M d^umnl N• [ewminl 6vh d Documented on origins Cl ❑ g APPLICANT d,I, w1Nr0N IF 13CERTIFIES N. iwt nU, 1111I.I WwilAl,- W ❑ 1L:F. ik•": THAT ndOAIC SINED EpY1 A Na •wc h •Fw^d. Ill monlA d°Y t iij r(Fn; { ,mn 1. SIGNATURE Y., f� i� •. TYP[0 NAY[ AAO TITLE 19 w•`" J:•.;'" •. EI. CEPTIFYINO Neal G. Berlin4r 76. APPLIG• I4r Iw.IA dRY I:j REPRE• SENIX11YE Aut 0 'z d R Y 1101 - IECEIVED 19 EA. AGENCY NAME76. FEDERAL APPLICATION i E7. ADMINISTRATIVE OFFICE IDENTIFICATID,1 E6. ORGANIZATIONAL UNIT 10. FTDEPAL GRANT IDLHTNICATION O9. ADOPC44Y. 1 11. Y r f FUNDING STARTING SE. DATE 1� 19 i iN ]I. ACTAKEN •O9 is. ACTION DATE► yonn alA d•Y 1 AODIIIOt1AL Ib") ENDINGG .00 11. COtITACi FOR b AWARDED •. IED1 llOtl INAm• ervl bb DAoa nvm6wlDATE li _ 1. AITIIUdl1 --- Q 1. ACI[CI[0 •CO 17. REMARKS ADCC s. RETURNED FOR a. SIAL - .W _ AY[NDYtIIT d. IOC.[ .W YM, ONO Ciiivi� h ,: 0 .00 1'INnwAL A6[NCY A•SS 011113h. •. NITNORANX I. TOTAL 3 •and I,, h..•...1 m ,wnmMU IHdwd D•m d^IIOn1A6vEIIw1u�A-95, 1 Y fon L 10. •, In b11nA ,bm• ull•n, IdwN. II qma P,p^. I, ail uNn DIRn,IMa d FEDERAL AGENCY II M, N.. w 1, Ninl lord•• STANDARD FDAM 611 PAGE 1 SIO.761 Clrrdn• f/ -I M95 ACTION PACE I Or 16 Yrum16W IY GSAr it io Yw•w•nl P PA Fn,m 5700.17 in ••. 6.76) NICROFILI•ILD BY r DORM MICR4RLAS "PAI, PAP:,), rF•, Mnrir• i 141LRDl ILMED By JORN I,IICR'v'L.AB PART II CEDAR RAPIDS AND ULS AUii1L� PROJECT APPROVAL INFORMATION Form Approved SECTION A OUB Na. 156•RO134 Item 1. No change frum original application except completion of Item 11. Does this assistance request require State, local, Name of Governing Body regional, or other priority rating? Priority Rating Yes —No I tam 2. Does this assistance request require State, or local Name of Agency or advisory, educational or health clearances? Rowd __Yes_No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A•95?- Yes—No Item 4. Does this assistance request require State, local, Name of Approving Agency regional or other planning approval? Date —Yes—No Item 5. Is the proposed project covered by an approved Check one: State ❑ comprehensive plan? Local ❑ Regional ❑ Yes_. No Location of plan Item 6. Will the assistance requested serve a Federal Name of Federal Installation _ installation? Federal Population benefiting Irom Project- -Yes—No roject_ _Yes_No i®m r. Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land Percent of Project _Yes_ No Item A• Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? provided. —Yes—No Item 9. Number of: Has the project for which assistance is requested caused, Individuals since January 1, 1971, or will it cause, the displacement Families of any individual, family, business, or farm? Businesses —Yes—No Item _78. Is there other related Federal assislance on this project previous, pending, or anticipated? —Yes—No See instructions for additional information to be provided. Item 11. Is project in a designated flood hazard areg l� Yes _No EPA Form 5700.57 (R., 6.76) PACE SOF 16 1 i::.Wi 141CROFILMED BY ' JORM MICR+LAE3 rrDAP PAPI'l' . nre }101'1[5 MIt,ROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND ULS AUi�,Lj, �Um, C F1iLit0f ILHLD BY JORM I•IICROLAB CEDAR RAPIDS AND uL'� lu�:iL_,, Fern Appwq ,J 0A10 No. 158•R0114 PART III -BUDGET INFORMATION -CONSTRUCTION SECTION A - GENERAL • 1. Federal Domestic Assistance Catalog No.... • • • • • ""' • """ --'A'6- 2. Functional or Other Breakout ............. • • • • • • • • •' SECTION B - CALCULATION OF FEDERAL GRANT us, only for revisium Cori Clantlicnion Llast APProwJ Adjustment Amount +{HINM S S 1. Ad min isuation exrAnse 333.900* 2. Preliminary expense 3. Land structures, right•o4,vay N22 4. Architectural engineering basic lees 5. Other architectural engineering lees 6. Project insl,ection lees PAGE 0 OF 16 7. Land development B. Relocation Exlvntet 9. Relocation NYments to Individuals and Butinesus 10. Demolition and lemowl 11. Construction and Project imP,owrnent 12. Equipment 13. Miscellaneous 333,900 14. Total (Lines 1 through 13) 15. Ettirmisnl Income (ilaPOcable! 333,900 16. Net Project Amount (Line 14 minus 15� _ -- 17, Less: Ineligible Exclusions 16. Add: Contingencies 333,900 10. TmalP,olveiAml.(C•c1uJ,ngRohubJil,ttignG/amJ —— 250,420 20. Federal Share requested of Lem IB -•--�- 21. Add Rebabilinliun Grant, Requested (100 Percent) 250_ 72. Total FNemlgmnlrequmted(Line706711 ,420 — 66,530 23. C, "t", - 16� 6,950 State rant ares 2n. ane. , snare, 333,900 25. Total protect (Lme, 77. 77 ft 141 s *Per Grant Amendment dated January 31, 1978 EPA Form 5700-31 IHL• 6.761 S 1 Total Amount Required 105,300 _ 78,975 955 78,975 21�— N22 5 265s 105,300 PAGE 0 OF 16 bCsplaKa..?!j:o7 :.. ti:,:':mHili;{ `reit• . MICROfIL1110 By ' JO RM MIC RL. AB ffOAI. q,AI'In, •IPS V101'RS f4ILROFILMED BY JORM MICROLAB CEDAR RADIUS AND ULS >IUihL:t, :Jeitl Clmitiution m m e SECTION C — EXCLUSIONS S Fon'. Approved 0,%1B No. 138.RO134 r Continq,ncY Provision 131 S Total, �S �S e FINANCING NON-FEDERAL SHARE SECTION D — PROPOSED METHOD OF s 21,060 77. Grantee Share ,.Securities b. Mortgage% 21 , 060 a Apnrapriatiom IBV Apnlitant) d. Bonds a. Ta. Levies I. Nan Cash q, Other (E.Plalnl 21,060 h. TOTAL — Grantee share 78. Other Shares 5 26E a. Slate b. Other c. Total Other Shams "— S 26,32! 79. TOTAL SECTION E — REMARKS Scope of additional work under Phase 6 - Dye Water Flooding, Phase B - Preparatory Cleaning and Phase 9 - Television Inspection described in Fourth Amendment to Agreement. ►A Fee. S7OO.77JR.,. 6.76) PART IV PROGRAM NARRATIVE Ol llacli—Snr 1nA buctlnru) PAGE 1001, 16 141CROEILMED BY , JORM MICR+LAB P101ili P"Inlg •'71'S'101W1 MllwWl IL; -ILD BY JORM MICROLAB LEDAk RAPIDS AW Ou :!QiaD, -IMICAN CONSULTING SERVICES ?NC. .,ROFESSIONAL SUBAGREEMENT L, -.,TS Sewer System Evaluation Survey IOWA CITY, IOWA PART TT — MRT PqTTXIATP qflkikfAPV - n,,- 15. TOTAT, Hours Rate lion Cost Totals 7. DIRECT LABOR - Management Sunervision .... : ....... ........ - Project Engineer . - Office Supervisor FEF, - Office Technician 2,084.00 - Draftsman .............. - Typist 12. TOTAL ...... .......... - Field Supervisor 20.03R on - Field Technician 279 7.00 1.953-0 - Field Aide 279 5,00 1 395.0 - Local Field Aide DIRECT LABOR TOTAL== 273 .... �i� 4,440.00 15. TOTAT, FSTMATED COSTS 17,954.00 FEF, 2,084.00 12. TOTAL PRTrT-, 20.03R on ACS Supplement to FPA Porn 5700-41(2-76) -2- 141CROI ILMID BY JORM MICR+LAB mMICROPILMED BY ' JORM MICR�LAB rrDAR .10PV 141LROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MU1NLa, AGREEMENTS/CONTRACTS Attached are l(i: unexecuted copiesof //TO•U•� %.iv -L om_I Q E llG4, as signed by the Mayor. After their execution by the second party, please route Z) C 1,�CIr Ic— rem 3) 4) 5) le to be responsible for completion of this procedure. Abbie Stolfus City Clerk Y• �1�--- ! IdI CROFILMED 6Y JORM MICR¢LAB fRDAR RAPIDS PCS MDIMCS 14160 ILMED BY JORM MICROLAB CEDAR RAPIDS ANU ULA IUIkL3, :Urn RESOLUTION W. 76-160 RESOLUTION ACCEPTING TIIE WORK AS DONE BY SHAY ELECTRIC SERVICE FOR THE FY77 TENNIS COURT LIGHTING PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the FY77 Tennis Court Lighting Project as included in a contract between the City of Iowa City and Shay Electric Service of Iowa City, Iowa - dated February 1 1977 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Balmer and seconded by deProsse that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 9th day of May , 1978. ATTEST: City Clerk Mayor Y •�},r. 141CROFILMED BY JORM MICR+LA13 rronR Rar:n-, • n[� wo:ars g.sked i Approvsd Cy Tii� L.;Iah��u;:�ri:nant S8� MICROFILMEO BY JORM MICROLAB CEDAR RAPIDS AILD DLS NUINL�, :Uel,+ ENGINEER'S REPORT May 4, 1978 To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. FY77 Tennis Court Lighting Project as constructed by Shay Electric of Iowa City, Iowa. I hereby recommend that the abovementioned improvements be accepted by the City of Iowa City. Res4g�� ectfully submitted, 4Dietz, E. City Engineer EAD/jp T •,Y I4ILROFILMED BY JORM MICR+LAB rrOAP RAPM •ars Mnlurs 14ICRUfILMED BY JORM MICROLAB CEDAR RAPIDS AND LLS MUIhLj, !U''ei,+ RESOLUTION AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS TO PURCHASE LAND FOR PRIVATE REDEVELOPMENT RESOLUTION NO. 78-161 WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has previously adopted and approved an Urban Renewal Plan for said project, which Urban Renewal Plan was adopted and approved in Resolution No. 2157, passed by the City Council of Iowa City, Iowa, on October 2, 1969, which Plan has been modified and amended from time to time; and, WHEREAS, the City of Iowa City, Iowa, has acquired certain land within the Urban Renewal Project area, and in accordance with the Urban Renewal Plan has prepared such land for sale for private redevelopment. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that the City Manager is hereby authorized and directed to solicit offers to purchase land for private redevelopment for the following listed parcels located within its Urban Renewal Project Area: Disposition Parcel 93-3 BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to publish notice of such solicitation of offers to purchase land for private redevelopment. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted and upon roll call there were: } AYES: NAYS: ABSENT: 1 x Balmer x deProsse x Erdahl X Neuhauser X Perret X Roberts i X Vevera Passed and approved this 9th day of May , 1978. Mayor ATTEST: OLze-c rc.4L City Cler RECEIVED h APPROVIM? BY TBE LEGAL DEPARTME IT. C1. �`-�✓�/NIA T ORI'•* MICROFILMED BY JORM MICR46LAB CMAP PAN"' n�q MOINfS No X� MI0(0FI1_MEU BY JORM MICROLAB CEDAR RAPIDS AND UES MUINL5, luvi�� SOLICITATION OF OFFERS TO PURCHASE LAND FOR PRIVATE REDEVELOPMENT Notice is hereby given that the City of Iowa City, Iowa, is soliciting Offers to Purchase Land for Private Redevelopment for the following listed parcel located within its Urban Renewal Project area: 93-3 This land is being marketed pursuant to the com- petitive requirements set forth in Chapter 403 of the Code of Iowa (1977). Additional information regarding this solicitation is contained in the Prospectus which is available at the Office of the City Clerk, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240, or which will be mailed upon request. Full and complete information as to form and con- tent of bid documents, and bidding procedures are contained in a Proposal Packet which is available for the sum of Five Do ars 5.00) for each + packet, at the Office of the City Clerk, or which will be mailed upon receipt of payment. All Offers must be received, as set forth in the Prospectus, by the City Manager, Civic Center, r 410 E. Washington Street, Iowa City, Iowa, no later than 10:00 a.m., June 12, 1978, at which time and place all bidding shall be considered closed. Dated this 10th day of May, 1978. ABBIE STOLFUS City Clerk MICROFILMED BY JORM MICR+LAB PAVIV . rF -dorm` M!6(OFILiMED BY JORM MICROLAB CEDAR RAPIDS AND UL) City of Iowa CIt, DATE: May 4, 1978 TO: Members of the City Council FROM: Paul Glaves, Redevelopment Coordinator ff� RE: Urban Renewal Disposition Parcel 93-3 1. When the City solicited offers to purchase Urban Renewal land in 1977, the City did not receive a valid, unconditional offer on Parcel 93-3. This is the small parcel (100' by 40') located at the corner of Madison and Court Streets. 2. I have recently received two inquiries regarding the disposition of this parcel and believe that the City should, at this time, re -advertise this parcel for disposition. The parcel should be re -advertised under the sante terms and conditions as were used in the previous solicitation in 1977. 3. I have prepared a resolution authorizing and directing the solici- tation of offers for this parcel and a public notice to be pub- lished in the newspaper. A copy of the public notice is attached to the resolution, which I am placing on the agenda for the Council meeting of May 9, 1978. The public notice will contain a thirty day advertising. We will also place a real estate ad in the local newspapers to bring more attention to the parcel than would be achieved by simply a publication of a legal notice. I will be glad to discuss this matter with the Council during the discussion of agenda items at the informal session on May 8. jm3/7 141CROFILFI10 BY DORM MICR+LAB FF'l�n PMI^`^Ft 'd01:l F.S MILROFILK D BY JORM MICROLAB CEDAR RAPIUS AND ULS MUINL:,, iuw„ RESOLUTION NO. 78-162 A RESOLUTION ESTABLISHING PROCEDURES FOR THE DEPOSIT AND DISBURSEMENT OF MONIES IN THE RENT ESCROW PROGRAM WHEREAS, Municipal Ordinance Number 78-2891 (Chapter 9.30.13 of the Municipal Code of the City of Iowa City, as amended) hereinafter referred to as the Housing Code, provides for the escrowing of rents from owners of property located within the City of Iowa City, County of Johnson, Iowa where properties are in violation of the provisions of the Housing Code, and WHEREAS, said Housing Code further provides that the City Manager shall develop and establish written procedures for the deposit and dis- bursement of all monies derived as a result of the rent escrow program, and WHEREAS, the City Manager has developed such procedures as setforth in Exhibit A, 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, IOWA THAT the Exhibit A as attached to this resolution be adopted as the rules and procedures for the deposit and disbursement of monies within the rent escrow program. 1'' r IdICROf ILIdED BY , JORM MICR4�LAB f, I'ON' PAt@C •'rS MOPIF r 2 1,11LROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND ULS IlUiNL�,, iUrJ„ Res. No. 78-162 4 -2- It was moved by Neuhauser and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 9th day of Ma.y� 1978. ROBERT A. VEVERA, MAYOR ATTEST: 01 L &-Y-4L ) A BIE STOLFUS, CITY ERK RECEIVED & APPROVED BY THE LEGAL DEPARTMENT 141CRor ILMED BY DORM MICR+LAB CFDLR HMID`. - IFS MOVIF` M16WU ILMLD BY JORM 141CROLAB Introduction CLDAR RAPIDS AND ULS •IU,4 EXHIBIT A RULES AND REGULATIONS FOR THE DEPOSIT AND DISBURSEMENT OF MONIES JRh. For a tenant living in substandard housing, rent escrow is a device which assures the tenant that his/her rent money will be used di- rectly for the repair of the structure he/she occupies. If the repairs are not made, the tenant may retrieve his/her rent money. Rent escrow is not designed to monitor the minor items that com- monly need routine maintenance in a building, such as leaky faucets or a torn window screen, but when significant deficiencies exist on the premises, the rent escrow program is an effective monitary incentive for an owner to repair the property. Eligibility and Certification Eligibility for the rent escrow program is determined by the City Housing Inspection office. The procedure begins with a formal k inspection of the property. The inspection may be initiated on a routine basis by the City or it may be in response to a citizen complaint. An official Notice of Violation is issued which speci- fies all deficiencies and establishes a time period for their correction. The inspector returns to the property when the time period for compliance has expired. If the violations are not corrected, the inspector shall notify the owner that the structure shall be certified for rent escrow if the structure fails to come into total compliance within a specified period of time. The structure is again reinspected and if a violation still exists, the building is certified as eligible for rent escrow and the tenants are notified. The tenant or tenants may then apply for rent escrow by contacting the Senior Housing Inspector at the Civic Center. Rent escrow agreements with a lending institution are obtained by the tenant and executed by the tenant and the lending institution. Once these papers have been recorded at the escrow agent's office and at the Court House, the tenants must pay rent into the escrow account. The agreement and rent escrow program shall cover only the premises described in the Notice of Eligibility issued by the City. Disbursement of Escrow Monies In the event the premises are certified as in compliance with the Housing Code at any time during the duration of the rent escrow program, the agreement between the tenant and the lending insti- tution shall terminate and the escrow agent shall pay any monies held by the escrow agent to the owner. A tenant shall not withdraw any monies deposited into the escrow account except in the instance that the premises are not cer- tified as in compliance with the Housing Code by a City housing inspector at the end of the rent escrow term. At that time, the MIMI IL14LO By JORM MICR+LAB MIN' PIP!n< eft ''-0OLIFF MILROFILMED BY DORM MICROLAB CEDAR RAPIDS AND UES ;,lui,Lj -2- jet" MICROf RMCD BY a JORM MICR+LAB (CPAP I`API?` �(S 'd01Af5 escrow agent shall pay to the tenant any rental monies held or re- maining in escrow which are not encumbered as provided herein. During the duration of the rent escrow term and the agreement en- tered into between the tenant and the escrow agent, any monies de- posited into the rent escrow account may be disbursed to the owner as reimbursement for expendatures made by the owner in secur- ing services and/or materials for the purpose of making such comply with the Housing Code. Prior to obtaining such premises reimbursement, the owner shall supply copies of receipts for monies expended to the escrow agent. The owner may, however, encumber any amounts deposited in the rent escrow account to obtain ser- vices and materials for the purpose of making such premises com- ply with the Housing Code. Any amounts so encumbered may be dis- bursed by the escrow agent upon a presentation to the agent of a receipt of work performed or materials obtained for the premises. No monies shall be disbursed for any service performed by the owner, owner's family or employees. The escrow agent may also authorize a payment of any utilities for 4 the premises when shut-off is imminent. 4 Interest Any interest earned by monies deposited in rent escrow shall be disposed of in the same manner as escrow monies. Administrative Reviews Administrative review of any municipal actions involved in the rent escrow program are set forth in Chapter 9.30.13. The owner must have been properly informed of the deficiencies, and the tenant must permit entry to the unit for the purposes of doing the repair work and for inspections. The owner is entitled to a hearing before the Housing Board of Appeals when the rent escrow certification is made. There he may present evidence as to why the premises does not qualify rent escrow. MICROf RMCD BY a JORM MICR+LAB (CPAP I`API?` �(S 'd01Af5 11; MILRUi iLi-ILD BY JORM MICROLAB Made and entered into this day of by and among CEDAk RAPIDS ANU UCS AUiIIL+, :a„ 19 (hereinatter reterrea to as lenant) ana a lending institution with its princi place of business in the City of Iowa City, County of Johnson, Iowa (hereinafter referred to as Escrow Agent). WITNESSETH: WHEREAS, municipal ordinance @ (Chapter 9.30 of the Municipal Code of Iowa City) hereinafter erred the Housing Code, provides for the escrowing of rents from owners of property located within the City of Iowa City, County of Johnson, Iowa where properties are in violation of the provisions in the Housing Code, and WHEREAS, said Housing Code further provides that rental money, at -the election of the tenant, may be payable into an escrow account for and during a period of six months from the date of Certification that the property is eligible for rent escrow, and WHEREAS, the City Council has designated the Department of Housing and In- spection Services, Division of Housing Inspection, and the employees there- in as the agents to certify that a property within the City of Iowa City is eligible for rent escrow, and WHEREAS, the Escrow Agent aforementioned is agreeable to serve as escrow agent under the following terms and conditions. NOW, THEREFORE, THE PARTIES HERETO INTEND TO BE LEGALLY BOUND HEREBY COVENANT AND AGREE AS FOLLOWS: CERTIFICATION This Agreement shall commence and have full force and effect upon the Tenant delivering to the Escrow Agent a "Certification" from the City of Iowa City, Iowa that the premises set forth herein are under the Rent Escrow Program as set forth in the Housing Code. D11PATinN Unless as otherwise specified herein, this Agreement, all rights, duties and other obligations set forth shall end six months from the date this agree- ment comes into effect. 141CRUILI•IED BY JORM MICR+LAB Cf pAn RRP��[ ^E r,'10PI[S r-11L,RU1-ILMEU BY JORM M;CROLAB -2- CEDAk RAPIDS AND ULS :-IUIlILJ, !U11" PREMISES This Agreement shall cover the following described premises: in Iowa City, Iowa. TENANT'S OBLIGATION Tenant agrees as follows: I a. To complete with the escrow agent the necessary paperwork to establish an escrow account which shall serve as the account into which rental money for the above stated premises are de- iposited by tenant. I b. To use the forms provided by escrow agent in setting up each account in making disbursements. c. To furnish to the Escrow Agent the name, address and telephone number of the owner of the premises. ESCROW AGENT OBLIGATIONS i The escrow agent agrees as follows: a. To furnish the tenant and owner with an escrow account number as established for the premises. i b. To maintain an escrow account for the premises. c. To permit tenant to pay rental monies at any one of the following offices of escrow agent: I d. To furnish tenant and owner a monthly transaction journal showing thereon all transactions, name of the property owner, the address of the property, tenant's name, the amount collected and the amount disbursed. DISBURSEMENT OF ESCROW MONIES A. In the event the premises herein are certified as in compliance with the Housing Code at any time during the duration of this Agreement, this Agreement shall terminate and the escrow agent shall pay any monies held by the escrow agent to the owner. OFILIIED BY I JORM MICR+LAB MIAP PAPI^S ^C`. I401'If5 MII.k0iILMLU BY JORM MICROLAB -3- CEDAR RAPIDS AND ULA ;16ikL� B. A tenant shall not withdraw any monies deposited into the escrow account except in the instance that the premises described herein are not certified as in compliance with the Housing Code by a Housing Inspector at the end of the term of this Agreement. At that time, the escrow agent shall pay to the tenant any rental monies held or remaining in escrow which are not encumbered as provided herein. Uw, C. During the duration of this Agreement, any monies deposited into rent escrow may be disbursed to the owner as reimbursement for expenditures made by owner in securing services and/or materials for the purpose of making such premises comply with the Housing Code. Prior to obtaining such reimbursement, the owner shall supply copies of receipts for monies expended to the Escrow Agent. The owner may, however, encumber any amounts deposited in the escrow account to obtain services and materials for the purpose of making such premises comply with the Housing Code. Any amounts so en- cumbered may be disbursed by the Escrow Agent upon a presentation to the agent of a receipt of work performed or materials obtained for the premises. No monies shall be disbursed for any services performed by the owner, owner's family, or employees. D. The Escrow Agent may also authorize a payment of any utilities for the premises when shutoff is imminent. INTEREST Any interest earned by monies deposited in rent escrow shall be disposed of in the same manner as escrow monies. ASSIGNMENT This Agreement or any interest therein may not be assigned by Escrow Agent and is binding upon Escrow Agent or its successors and assigns. AND WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AT THE DAY AND YEAR FIRST ABOVE WRITTEN. By By, ESCROW AGENT MICRO[ ILMED BY JORM MICR#LAB fFON` Nn1•InS • ��`• I-0D;Nf �, I4ICROFILMED BY JDRM MICRDLAB -4- • CEDAR RAPIDS AND ULS I.1U L'IL�, ;Uric Corporate Acknowledgment State of ss. County of -----� a notary public in and for said county, I, certify that resident and in the state aforesaid, do hetoobme personally known to'ba corporation, and secretary respectively of eared before me this day in person and acknowledged that as such also known to me to be the persons whose names are subscribed to the foregoing instrument, app they signed, sealed, and delivered for tthe uses president and secretary respectively authorized to execute said instrument as the free and voluntary act ofsaid)r oration, and purposesrein et directorsdofhat saidhey corporation - I the same by Certification date: BTA TENANT RICRor ILREo BY ' i JDRM MICRDLAB M)AR 11ANY MOINFS MIU2DFILMED BY JORM 141CROLAB CEDAR RAPIDS AND uLS ;IUINLS. Iuvio RESOLUTION NO. 78-163 _ RESOLUTION AUTHORIZING EXECUTION OF AGREE14ENT BETWEEN THE CITY OF IOWA CITY, IOWA, THE IOWA ITY ASSOCIATES FORPORT MN IOWA CITYAIRPORTTBMASTERERT M BALL & PLAN STUDY. WHEREAS, the City of Iowa City, Iowa and the Iowa City Airport Commission desire to obtain an Airport Master Plan Study for the Iowa city Municipal Airport in order to provide guidelines for future development which will satisfy aviation demand while maintaining compatibility with the environment, community development, other airports, and other modes of transportation, and WHEREAS, the Council finds that L. Robert Kimball & Associates is capable of undertaking such a study for the City, and WHEREAS, the Iowa City Airport Commission, at its meeting of March 16, 1978, " voted unanimously to recommend that the City enter into a contract with the said `? of which contract is attached to this re L. Robert Kimball & Associates, a copy - solution as "Exhibit One, and by this reference made a part hereof. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Clerk to I. and city est Thnesifauthorized sign, LRobert Kimball & Asso City, Iowa,and the agreement betweethe CtyoIowa ciates, a copy of which is attached to this resolution as "Exhibit One." ign, and the City Clerk to attest, this re - 2. The Mayor is authorized to s solution. i•!: Balmer and seconded by deProsse It was moved by that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: almer x z deProsse x Erdahl x Neuhauser xPerret z Roberts x Vevera Passed and approved this 9th day of May 1978. YR ATTEST: cC� CITY CLERK gEcri= de dPPROvIb BY THE I.EGAI. DF.P6RT10 NP 886 r � 41CROFILMED BY JORM MICR+LAB CMAP PnPM . nrs Mnuns MILRUf ILMLO BY JORM MICROLAB CEDAR RAVIOS ANU uL'� 'w:iIL , AGREEMENT THIS AGREEMENT, made this 1�L day of 1978 between the Airport Commission of Iowa City, Iowa City, Johnson County, Iowa, and the City of Iowa City herein called OWNER, and L. Robert Kimball 8 Associates, 10920 Ambassador Drive, Kansas City, Platte County, Missouri, herein called ENGINEER, witnesseth: WHEREAS, OWNER intends to obtain an Airport Master Plan Study for The Iowa City Municipal Airport in order to provide guidelines for future development which will satisfy aviation demand while maintaining compatibility with the environment, community development, other airports and other modes of transportation. NOW THEREFORE, OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by ENGINEER and the payment of those services by OWNER, as set forth below. 1. Services. ENGINEER will perform services and prepare an Airport Master Plan Study as set forth in The Airport Master Planning Grant Application prepared for the Airport Commission of Iowa City, Iowa City, Iowa, and the City of Iowa City dated September 1977, the pertinent portion of which is attached hereto, marked Exhibit A, and made a part hereof. All work shall be in conformance with current Federal Aviation Administration guidelines as referenced in the Proposal and monthly progress reports will be submitted to the Federal Aviation Administration's Central Region office and the OWNER as the work progresses. The information necessary to update NASP forms and recommendations will be provided as part of this project. Any work requested by OWNER which is beyond the limits of the Study Design (Exhibit A) will require a supplemental agreement. 2. Pro,'ect Costs. Cost incidental to the Airport Master Plan Study hereun er wi 1 be in accordance with the pertinent section of the Study Design of the foregoing Proposal, which section is attached hereto, marked Exhibit B, and made a part hereof. It is mutually agreed by the parties that ENGINEER'S fee hereunder shall be $33,520.00 and all other costs incidental to legal fees, public hearings and OWNER'S administrative costs shall be and remain the responsibility of the OWNER. These legal costs shall include all copies of the hearing transcript required by the FAA. 3. Special Requirements. It is mutually agreed by the parties that the following special requirements shall apply to this contract: a. No work will commence under this contract until so advised by OWNER in a written Notice to Proceed. b. ENGINEER is an equal opportunity employer and agrees to abide by the terms of Appendix A of the Standard Department of Trans- portation Title VI Assurance (FAA Form 5900-8), copy of which is a ttached hereto, marked Exhibit C, and to the requirements of the City of Iowa yr Ri MICROFILMED BY JORM MICR¢LAB utUiILMLL) BY JURM MICRULAB -2- LLUAk RAV LJ�) Arlo uL City, Iowa concerning discrimination in employment as per ordinance #77-2830, made a part hereof. In Appendix A where the word "contractor" appears, it is understood to mean ENGINEER named in this contract. C. Work under this agreement will be completed within 420 calendar days from the date set forth in the Notice to Proceed, exclusive of extended OWNER, FAA, environmental and other review time except ENGINEER'S review time. Delays beyond the control of ENGINEER will be valid cause for an extension of time. d. All original project documents prepared under this agreement will become the property of OWNER, including original tracings. e. Certification of ENGINEER, as required by FAA in AC 150/5100- 9, is attached hereto, marked Exhibit D, and made a part hereof. f. It is hereby agreed that ENGINEER will not subcontract nor change any of its obligations under the contract without prior consent of j OWNER in writing. g. It is agreed that all provisions, as applicable, contained in paragraph 4 of Appendix M of Part 152 of the Federal Aviation Regula- tions are made a part of this agreement by reference. h. The Standard FAA Disclaimer STatement as contained in AC No. 150/5900-1A paragraph 18,C will be included in all documents. 4. Pa rents to ENGINEER. OWNER will pay ENGINEER for services rendered hereunder t e tota agreed fee of $33,520.00, less $500.00 received for filing the application, making prompt monthly payments in response to ENGINEER'S monthly statements based upon the percentage of work completed to the end of the periods included under such statements. In view of the large percentage of government funds in this PROJECT, it is the intent of this agreement that payments shall be made as follows: a. Initial monthly statements from ENGINEER shall be paid by OWNER with the local share of PROJECT funds until such funds are exhausted. In the meantime, ENGINEER shall prepare for submission by OWNER all necessary applications for Federal and State funds. OWNER shall process these applications without delay so that sufficient cash flow will be established. b. Subsequent monthly statements shall be paid by OWNER immediately upon receipt of government funds. If such funds are delayed, OWNER will make every effort to expedite the processing of all payment applications. C. OWNER shall keep sufficient cost records to permit applications for cash advances of government funds when deemed necessary or desirable. Mi CR0f ILnCD By DORM MICR6LA6 N VJ :., .Inr,r MlwWU ILMLD BY JORM MICROLAB -3- CEDAR RAPIUS AND ULS iulhL: : U4,, r d. Upon approval of printed maps, reports and the Airport Layout Plan by the Airport Commission, the City of Iowa City, and FAA, the PROJECT shall be considered completed and final payment will be due. 5. General. If OWNER fails to make any payment due ENGINEER on account of his services within go days after the date of ENGINEER'S statement therefor without prior approval of ENGINEER for such delays, the amounts due ENGINEER shall bear interest at the rate ENGINEER is then paying to a'Federally charted bank at his principal place of business, from said ninetieth day, and in addition ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this a greement until OWNER has paid in full all amounts due him on account of his services. 6. Either party has the absolute right to terminate this agreement with seven days' written notice. If this agreement is so terminated, ENGINEER shall be paid for all work performed to the date of termination. If the Airport Commission,. the City of Iowa City and the Engineer are unable to agree on the percentage of completion, each side will pick. an Arbitrator. These two Arbitrators shall pick a third Arbitrator and the Airport Commission, the City of Iowa City, and Consultant shall be bound by the decision of the Arbitrators. This agreement shall be subject to the approval of the PROJECT and the issuance of funding grants by the Federal Aviation Administration. It is mutually agreed that any commitment by the Federal Aviation Administration incident to its approval of the aforesaid Master Planning Grant Application shall be to the OWNER and not to the ENGINEER and that the Federal Aviation Administration shall not be otherwise obligated to the ENGINEER. IN WITNESS WHEREOF, the parties have set their hand to duplicates of this agreement the day and year first above written. By j a,,. 7 G ry leckwenn Airport Commission Chairman N{ T Ric I hard Phipps / ~— Airport Commission Secretary CITY OF WA CIT By, Mayor ATTEST: City Clerk C L. ROBERT KIMBALL E ASSOCIATES IIITNESS: 'fc (Seal) By Robert E. Baumgardner Manager Kansas City Office wICmoruo-lEn mY JORM MICR6LA6 MILROFILMEU BY JORM MICROLAB CEDAR RAPIDS AND ULS I•IUi?ILS, lue- ADDENDUM TO AGREEMENT The Agreement made on the qday of May, 1978 between the City of Iowa City, the Airport Commnission of Iowa City and L. Robert Kimball & Associates is hereby amended by adding the following section: 3. Special Requirements i. Each phase of work, Phases I through V, as shown on the working time schedule attached hereto and made a part hereof, shall be deemed complete only upon approval of said phase by the Owner. The Engineer shall not proceed to the next phase of work until the previous phase has been approved by the owner. IN WITNESS WHEREOF, the parties have set their hand to duplicates of this Agreement the day and year first above written. Dated this day of I1978, By- Garr Ble kwe n Airport Commission Chairman ATTEST: ichard Phipps Airport Commission Secretary ATTEST: C� � • � .c.-(' .ice rty Clerk IJITNESS: CITY OF IOWA CITY By Mayor L. ROBERT KIMBALL & ASSOCIATES By ;d aeA, (Seal ) Robert E. Baumgardner, Mnager Kansas City Office 141CROHLI410 BY i DORM MICR+LA6 MIAP PAT'M • prC MOINES ralLkUFILMLO BY JORM 141LROLAB • LEOAk RADIUS A110 JLC AUuii�, :JNr. rt. REsouiriDN No. 78-164 RESOLUPION KMIDRIZING h UnnICN OF ANNUAL CCP7rRIBUTICNS CONrRALT mEREM 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 defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVL•'D BY THE LOCAL AuTBORITY, 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 Tem 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 than, to the Goverrunenca t together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Coverrnrent. L Section 2. Whenever the following terms, or any of them, are used in this solution, the same, unless the context shall indicate another or different Re 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 meaninas ascribed thereto in the Annual Contributions Contract. Section 3. This Resolution shall take effect im nediately. It was moved by Neuhauser and seconded by Balmer that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSOC: X Balmer X — deProsse X Erdahl X Neuhauser X Perret X Roberts X -- Vevera Passed and approved Lhis 9th day of May 1978. r 'ity Clerk Mayor RECEIVED BY 7m: l}1GA • PtJ fJ!'i1L11'I WN JORM MICR(?LAB CrpAl+ I•iluifUFILMLD BY DORM 141CROLAB I!UO= 25'OD Pi,cc 1 of 3 Pagan R. !!ay, 11.76 • LEDAR RAPIDS AND JLS IU;I,L_, ;Jill' U. S. DEXAIiTW;;: I' OF InND URP-AN DI'VFLOI'Fii Sl' SECTION 8 110:61.140 AS"'ISTANCE PAYNI:N'[S PRtkd1,P.11 FXISTINO HOUSING PART I OF TNI' ANNUAL CONTRIBUTIONS CONTRACT _ EFFECTIVE DATE: July 1', 1978 (Date of execution by the Government of chis ACC Part I) MASTER SI'CT'ION 8 ACC Nllr_9ER: KC -9033 NUMBER OF THIS ACC PAR'P I: KC -9033B 1.1 The Pro ram. a Projects Within Program. The Existing Housing Program under this ACC Part I includes the following projects: Project Number: ACC List Number and Date of Approval IAOS-EO22-001 KC -78-120 4/20/78 IAOS-EO22-002 KC -78-119 4/20/78 TAUS-EO22-003 KC -76-126 5/26/76 :A05 -E022:004 KC -78-118 4/20/78 ' IAOS-EO22-006 KC -78-086 3/29/78 of i SOURCE UWgr YEAR CON`Rit�7 AUTROWirf F.....i nUO,^,ET rf" '.�MAUTHOR11Y Ldia AU'i110RI1Y 1 V7 f11 /f0 /5 �,'C�? ;nlv ^h ' (b) N tuber of livits (Bv Si e) in Pro ram. T13 aggregate Size of Unit: Efficiency 1 BR 1 DR (elevator) 2 DR 2 DR (elevator) 3 DR 4 DR Number of Units: 10 140 25 128 10 17 4 number of units by size (c) Maximum ACC Amount. The maximum ACC amount for all Program Expenditures in respect to the aggregate number of units in these projects (the Program) is $ 705,468.00 per year; Provided, however, that this amount shall be reduced commensurately with any reduction in the number of units or changes in unit size under any provision of this ACC (see Section 1.4(a)).' The PITA shall not enter into any Contract or take any other action which will result in a claim for an Annual. Contri- bution in respect -to the Program in excess of the amount stated in this paragraph (c). (d) PIiA Obligation. The PHA, to the maximum extent feasible, shall enter into (lousing Assistance Payments Contiacts ("Contracts") in accordance with the numbers and sizes of units and subject to the maximum ACC amount specified above. (e) Meaning of "Project" as Used in Master ACC and Part II. For purposes of this .art I the term "Project" wherever used in the Master Section 8 ACC and in Part I1 shall mean all the projects in the "Existing Housing Program." 1.2 Authorization of Actions by PHA. In order to carry out the Progran, the PHA is authorized to (a) enter into (lousing Assistance Payments Contracts, (b) make housing assistance Payments on behalf of Families, and (c) take all other nr•ce_rnry actions all, in accordance: with the forms, conditions and requirements pre!'criberl or approved by the Goveruncnt; Provided, however, that neither the PHA nor the Go, *•rn- mc.nt shall assume any obligation heyond that provided in Contracts in the force anprnvrd by thr. Cove rlur,ent. a JORM MICR6LAB C PAP Mk,RUi ILMLO BY JORM 141CROLAB timi-`125200 Pa -.-e 2 of 3 Pages CEDAR k0luS AND uL> >Ivi;,L�j.,,, 1.3 Tena of ASC ).cu.c and Conti -,;.t. (a) Term of ACC. The turn ol: this ACC shall he five years. (b) '1_eLm_ of Lease End Contract. 'rhe tem of each Lcase shall be for nut less th:m :,nc' year nor more Lhan Lhrce years, but the ).case may contain a provision penniLLII termination upon 30 days advance written notice by either party. The tgrm of errs Contract shall be for the term of the Lease, provided that if a Family continue:: ill occupancy after the expiratica of the term on the same terms and conditions as Ulu Original Lease (or changes thereto which have been approved by the P11A and incor- porated in the Contract where appropriate), the Contract shall continue in effect for the duration of such tenancy subject to the limitation in the next sentence, Any renewal of the Contract and Lease term, and any continuation of tenancy beyond Che term, shall in no case extend beyond the tern of this ACC. 1.4 Annual Contribution. (a) Notwithstanding any other provisions of this ACC (other than paragraph (c) of this Section) or any provisions of any other contract between the Government and the !'ILS, the Goverment shall not be obligated to make any Annual Contribution or any other payment with respect to any Fiscal Year in excess of the amount stated in Section 1.1(c). (b) Subject to the maximum dollar limitation in paragraph (a) of this Section, the Government phall pay for each Fiscal Year an Annual Contribution to the PHA in respect to the Program in an amount equal to the sum of the following'(subject to reduction by the amount 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 Flstlal Year (see Section 1.5) by the PHA pursuant to the Contract, as authorized.ip.9gction.1.2. (2) The allowance, in the amount approved by the Government, for preliminary costs of administration. , (3) The allowance, in the amount approved by the Government, for regular costs of administration, including costs of Government -required audits of Nners and the PITA. (c) (1) An ACC reserve account will be established and maintained by the Govern - (c) t..nt, as a specifically identified and segregated account, in an amount as determined by rhe Government consistent with its responsibilities under section 8(c)(6) of the Act. To the extent funds are available in said account, the Annual Contribution for any Fiscal Year may exceed.the maximum amount stated in paragraph (a) of this Section by such amount, if any, as may be required for increases reflected in the estimates of required Annual Contribution applicable to such Fiscal Year as approved by the Government in accordance with Section 2.11 below. (2) The Government will take such additional steps authorized by section 8(c)(6) .:f the Act as may be necessary to assure availability of funds to cover increases in housing assistance payments on a timely basis as a result of increases in Contract Rents or decreases in Family Incomes, (d) The Government will make periodic payments on account of each Annual Contri- bution upon requisition therefor by the P1IA in the form prescribed by the Government. Each requisition slinll include certifications by the PHA that housing assistance payments have been or will be made onlyt (1) In accordance with the provisions of the Contracts; and (2) With respect to units which the PHA has inspected or caused to be inspected, pursuant to Section 2.4 of Part II of this ACC, within one year prior to the tanking of such housing assistance payments. (e) rollowing the end of each Fiscal Year, the PITA shall promptly pay to the covernmcnt, unless other disposition is approved by the Government, the amount, if Ally, by which the total amount of the periodic payments during the Fiscal Ycar exceeds the total amount of the Annual Contribution payable for such Fiscal Year in accordance .11th this Section. ' 1..5 Fiscal Year.. The Fiscal Year for the Progrean shall be tile.. Fiscal Ycor ea- tablishp.d by Section 0.3 of this ACC; Provided, however, that the first Fiscal Year lin- the. Project. shall be the period beginning with the effactive date of. t:hla ACC Nit I JORM MICR#LAB rritpl' an p'�� "f°I.101'Ifc i MILROFILMEU BY JORM MICROLAB 110-'525'20B Page 3 of 3 Pages CEDAR RAPIDS AND UL, MOINL,, IOWA d ending on the 1,3st day of said established Fiscal Year ti;hich is not less than bad after such effective date. if the first Fiscal Year exceeds 12 aionUls, 12 Lha maximum Annual Contribution in Sec cion period may be adjusted excess the addition12 o of the pro rata amount applicable to the period of operation in excess of 12 months. 1.6 Periodic Adllustnent of Contract Rents. Each contract may provid6 for periodic adjustments in the Contract Rents chargabie by the Owner and commensurate increases in In accordance with applicable Govermnonc amounts of housing assistance payments regulations. 1.7 Equal Opportunity (lousing Plan. The PHA shall comply with all provisions of its HUD -approved equal opportunity housing plan. 1.8 Fxpeditious Carrying Out of Program. The PITA shall proceed expeditiously with the Program. If Lhe PIV+ fails to proceed expeditiously, the Government, by notice to the PHA, may reduce its obligation hereunder with respect to the Program to 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 the 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 Housing ACC Parts I, if any. pHA IOWA CITY HOUSING AUTHORITY 8y �!{i� � � i !�'� L (/i' •!' !ter (official Title) Date May 9, 1978 United States of America Secretary of HousinaanxVlJijban Development Actina Director, Des(DJo�Zes Inking Office T 141CROFILMED By JoRM MICR+LAB rrDAP PAPhS • nrs vmrs May 30, 1978 MILROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DLS AUINE�, iU+In r -- MASTER SECTION 8 ANNUAL CONTRIBUTIONS CONTRACT ATTACHMENT A ICC Contract Number Date ACC List Number Date Proles=o KC -9033E 1/9/76 KC -76-048 1/2/76 Existing KC -9033E 6/17/76 KC -76-124 5/25/76 Existing KC -9033E 7/1/76 KC -76-125 5/25/76 Existing KC -9033E 7/1/76 KC -76-126 5/26/76 Existing KC -9033E 6/16/77 KC -77-215 5/20/77 Existing Conversion KC -9033E (KC -78-120 4/20/78) Existing (KC -78-119 4/20/78) Existing (KC -76-126 5/26/76) Existing (KC -78-118 4/20/78) Existing (KC -78-086 3/29/78) Existing Id ICROFI LidF.O BY JORM MICR+LAB CFIIAII RAP!M PCS MOPIFS e