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HomeMy WebLinkAbout1981-08-11 ResolutionRESOLUTION NO. 81-202 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: Bart's Place, 826 S. Clinton ' Amelia Earhardt Deli, 223 E. Washington St. Discount Dan's Shell, 933S. Clinton St. Russ' Standard, 305 N. Gilbert 6:20, 620 Madison Village Inn Pancake House, N9 Sturgis Corner Dr. Sirloin Stockade, 621 S. Riverside Dr. Kirkwood 76 Store, 300 Kirkwood Ave. It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: I Balmer x Lynch X Erdahl x Neuhauser X I Perret X Roberts X Vevera X i 19 81 Passed and approved this llth day of August I v ayor Attest: 4ty Clerk //6 j MICROFILMED BY o `JORM MICROLAB CEDAR RAPIDS -DES 140INES Jd/ RESOLUTION NO. 81-203 RESOLUTION TO ISSUE DANCING PERMIT 7z&,?�;7 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit to wit; or liquor control license, Iowa City Moose Lodge 11096, 2910 Muscatine Ave. I It was moved by Perret and seconded by Vevera that the Resolution as read Be adopted, and upon rol ca ere were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberta x Vevera x Passed and approved this 11th day of August 19 81 , / ayor Attest:t� iy Clerk //70 j MICROFILMED BY `.JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION NO. 81-204 RESOLUTION TO REFUND CIGARETTE PERMIT wIIEREAS, E1 Fronterizo at 1200 Gilbert Crt. in Iowa City, Iowa, has surrendered cigarette permit No. 82-39 expiring June 30th 19 82 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 82-39 issued to El Fronterizo be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorised and directed to draw a warrant on the General Fund in the amount of $ 100.00 payable -to Hawkeye Amusement as a refund on cigarette permit No. 82-39 It was moved by Perret and seconded by Vevera that the Resolution as reed be adopted, and upon roll call there were; AYEg: NAYS: ABSENT: Balmer X Lynch _ X Erdahl x Neuhauser X Perret x Roberts x Vevera x Passed and approved this 11th day of August , 19 81 Mayor Attest: utJ I y er i 1171 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES I401NES i L." RESOLUTION NO. 81-205 RESOLUTION SETTING PUBLIC HEARING ON INCREASED WATER RATES. BE IT RESOLVED by the City Council of Iowa City, Iowa, that a Public Hearing be held in the Civic Center at 7:30 p.m., August 25, 1981, to permit public input for or against the proposed increased water rates. The City Clerk is hereby directed to give notice of public hearing and the time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, at least four (4) days before the time set for such hearing. It was moved by Perret and seconded by Vevera that the resolution as rea be a opte , and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch _ x Neuhauser x Perret x Roberts x Vevera Passed and approved this 11th day of August 1981. ATTEST: CITY CLERK IT j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES Received & Approved BY The Legal Department A/ // 7oZ 7 V; - RESOLUTION NO. 81-206 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LAFAYETTE STREET RAILROAD BRIDGE PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 25th day of August , 19 81 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper ipublished at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for I the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: K BALMER x ERDAHL _ x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 11th day of Ust 19 81 ATTEST: �, Mayor Received t), Appovej City Clerk!f By The Legal IepoMnldhl ---- ---- -- i/73 j MICROFILMED BY 'JORM MICRO_ LAB -CEDAR RAPIDS -DES I40INES : RESOLUTION NO. 81_E07 7�:,LGIG� ip A RESOLUTION SETTING PUBLIC HEARING FOR THE GRANTEE PERFORMANCE REPORT FOR THE FIFTH YEAR HOLD -HARMLESS ENTITLEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE DIRECTOR OF PLANNING AND PROGRAM DEVELOPMENT TO PLACE INFORMATION REGARDING SAID GRANTEE PERFORMANCE REPORT ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the above -proposed Grantee Performance Report is to be held on the 25th day of August 1981 at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing in a newspaper published at least once weekly and having general circulation in the City, not less than ten j days before said hearing. 3. That information regarding said report is hereby ordered placed on file by the Director of Planning and Program Development in the office of the City Clerk for public inspection. j It was moved by Perret and seconded by Vevera that the resolution as read be a opted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl —7—Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 11th day of August 1981. ATTEST:' I CLER Reeohred $ Approved BY The Legal Department //711 MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES 140INES i r - v RESOLUTION NO. 81-208 RESOLUTION SETTING PUBLIC HEARING ON THE MATTER OF THE NOTICE OF VIOLATION, NOTICE OF CLAIM, AND ORDER OF COMPLIANCE ISSUED BY THE CITY OF IOWA CITY TO SHELLER -GLOBE CORP. ON JULY 1, 1981, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY CLERK TO GIVE WRITTEN NOTIFICATION OF SAID HEARING TO SHELLER -GLOBE CORP. EITHER THROUGH PERSONAL SERVICE OR BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the matter of the Notice of Violation, Notice of Claim, and Order of Compliance issued by the City of Iowa City to Sheller -Globe Corp. on July 1, 1981, relating to prohibited discharges into the City's sewer system, is to be held before the City Council on the 10th day of November, 1981, at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named matter in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the City Clerk is hereby authorized and directed to give written notification of said hearing to Sheller -Globe Corp. either through personal service or by certified mail, return receipt requested. Said notice shall include a statement of the time, place and nature of the hearing and the body before whom the hearing is to take place. It was moved by Perret and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser X Perret x Roberts X Vevera Passed and approved this 11th day of August , 1981. A OR ATTEST: R CITY CLERK MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES Received t Ap'revod ly The Lesel Department "t / 17S RESOLUTION NO. 81-209 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER RALSTON CREEK - PHASE I PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plane, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. i NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: i 1. That the plans, specifications, form of contract, and estimate of cost for i the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less j than four (4) nor more than twenty (20) days before the date established for the receipt j of bids. 4.. That bids for the construction of the above-named project are to be received !• by the City of lova City, Iowa, at the Office of tho City Clerk, at the Civic Center, until 10:00 A.M. on the '2nd day of September 19 8L Thereafter, I the bids will be opened by the Pity Enyidppr nr his laci0naa ,and y thereupon referred to the Council. of the City of Iowa City, Iowa, for action upon said ! bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 8th day of September i i t !!y 7}i( 9i Approved eParhnenf L"" MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES /i 95 Page 2 Resolution No. 81-209 It was moved by Roberts and seconded by Perret that the Resolution as rea e a opte , and upon roll ca t ere were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 11th day of August , 1981. MKYOR ATTEST: CITY CLERK i i i 3 i i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINE$ CITY CIVIC CENTER 11) CSF 410 E. WASHINGTON ST. July 24, 1981 OWA IOWA CV, IOWA 52240 Mayor John Balmer and City Council City of Iowa City Iowa City, Iowa 52240 Re: Resignation from the Human Rights Commission CITY (319) 356-5000 It is with regret that I am submitting my resignation from the Human Rights Commission. Those persons with whom I have had the opportunity to interact as a Commission and who continue as Commissioners or staff will be deeply missed. The Iowa City Human Rights Commission is a fine Commission, as indicated by the caliber of persons appointed to serve on the Commission. I will be leaving Iowa City to join the Psychological Staff at Cleveland State University. My resignation therefore is necessary. My best wishes to the City staff members who work with the Commission as well as to my former fellow Commissioners. I have confidence that Iowa City will continue to progress in the area of human rights. The effective date of my resignation is August 11, 1981. J/ "J Richard Yates V bj5/3 j MICROFILMED BY !JORM MICRO_ LAB ICEDAR RAPIDS -DES MOVIES _I _.�_. _ _ �A_ ._ � _. _ e,_._._s��--a _ —� -- �- - •� -. _ qtr .. a i z NOTICE OF BOND SALE Time and Place of Sale: The sale of bonds of the City of Iowa City, Iowa, will be held at the Council Chambers, Civic Center, 410 E. Washington Street, in the City of Iowa City, Iowa (the "Issuer"), at 7:30 o'clock P.M., on the 11th day of August, 1981. Sealed bids will be received at the office of the Clerk and all sealed bids received prior to the time of the sale will be referred to the Council at the meeting then to be held. After the receipt of such sealed bids, if any, open bids will be received, and after the close of open bidding, the sealed bids will be opened and the bonds will then be sold to the best and most favorable bidder for cash. The Bonds. The bonds to be offered are the following: PUBLIC IMPROVEMENT BONDS, in the principal amount of $370,000, to be dated August 1, 1981, in the denomination of $5,000 each, and to mature as follows: i Principal Maturity Amount Dec. 1st t i $35,000 1981 i $35,000 1982 i $35,000 1983 $35,000 1984 f $35,000 1985 j $35,000 1986 $40,000 1987 $40,000 1988 $40,000 1989 j $40,000 1990 I 1 Optional Redemption: All bonds due after December 1, 1981, will be subject to call prior to maturity in whole or from time to time in part, in numerical order on or within forty-five days after said date ! or any succeeding interest payment date, at the option of the Issuer, upon terms of par plus accrued interest to date of call. Said Improvement i Bonds shall not constitute a general obligation but shall be payable only from the special fund created by assessments to property benefited by the 1979 BDI Second Addition Improvements. I I ►ao6 j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES �� I Interest: Interest on said bonds will be payable on December 1, 1981, and annually on the 1st day of December thereafter. Principal and interest will be payable at the office of the Treasurer of the City. No bond shall bear interest at a rate exceeding ten percent per annum. Bid Security: All bids shall be accompanied by a certified check or a cashier's check drawn upon a solvent bank doing business in the United States, in favor of the City, in the amount of $7,400. If the bidder to whom the bonds are awarded withdraws its bid or fails to complete the purchase in accordance with the terms hereof, the Issuer shall have the right in its sole discretion to elect to treat the bid security either as liquidated damages or as a credit against the Issuer's claim for actual damages occasioned thereby. Checks of unsuccessful bidders will be returned promptly. Form of Bids: All bids shall be unconditional except as provided in this notice, for an entire issue of bonds and shall specify the rate or rates of interest in conformity to the limitations of the following paragraph, and all other things being equal, the bid at par and accrued interest and bid for the lowest interest rate will be given preference. Bids must be submitted on or in substantial compliance with the official bid form provided by the Issuer. The bonds will be awarded to the bidder offering the lowest interest cost, which will be determined by aggregating the interest payable by the Issuer over the life of the bonds in accordance with the terms of each bid presented, and deducting therefrom the premium, if any, stipulated in said proposal. Rates of Interest: The rates of interest specified in the bidder s proposal must conform to the limitations following: 1. All bonds of each annual maturity must bear the same interest rate. 2. No bond shall bear more than one interest rate and no bid calling for supplemental coupons will be accepted. 3. Rates of interest bid must be in multiples of one-eighth or one -twentieth of one percent. Jaob MICROFILMED BY ' JORM MICROLAB CEDAR RAPIDS -DES 1401NES 4. No rate of interest named shall be more than two percent higher than the lowest rate of interest named. I Delivery: The bonds will be delivered, without expense to the purchaser at any mutually acceptable I bank and trust company at Des Moines, Iowa, against full payment in immediately available cash or federal funds. The bonds are expected to be delivered within thirty days after the sale. Should delivery be delayed beyond sixty days from date. of sale for any reason except failure of performance by the purchaser, the purchaser may withdraw his bid and thereafter his interest in and liability for the bonds will cease. (When the bonds are ready for delivery, the Issuer may give the successful bidder five working days notice of the delivery date and the Issuer will expect Payment in full on that date, otherwise reserving the right at its option to determine that the bidder has failed to c purchase). omply with the offer of ! CUSIP Numbers: The bonds will be printed without i CUSIP mbers, unless requested by the purchaser j who must agree in his bid proposal to pay the cost fj thereof and to waive any extension of delivery time due to the use of said numbers. In no event will ' the Issuer be responsible for or Bond Counsel review or express any opinion of the correctness of such numbers, and incorrect numbers on said bonds shall not be cause for the purchaser to refuse to accept delivery of said bonds. Legal Dpiniun: Said bonds will be sold subject to the opinion of Ahlers, Cooney, Dorweiler, Haynie & Smith, Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds without cost to the Purchaser and all bids will be so conditioned. Except to the extent necessary to issue their Opinion as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements i made or furnished in connection with the sale, issuance or marketing of the bonds. The opinion j will be printed on the back of the bonds. Rights The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. i I ao6 MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES I F - 3_a.. By order of the City Council of the City of Iowa City, Iowa. City Clerk of the Citp of Iowa City n j f MICROFILMED BY JORM MICROLAB -COAR RAPIDS•OES-140INES i t� i i 7 i m66 _j IMPORTANT INFORMATION 1. The attached notice must be posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting. If no such office exists the notice must be posted at the building in which the meeting is to be held. 2. If you do not now have a bulletin board designated as above mentioned, so designate one and establish a uniform policy of posting your notices of meeting and tentative agenda. 3. Notice and tentative agenda must be posted at least 24 hours prior to the commencement of the meeting. 4. Attach to the notice additional pages showing your additional agenda items. 5. The notice must be signed by the Clerk or Secretary of the governmental body. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES Y� - —_ L _ r MEMORANDUM Date: TO FROM SUBJECT.: co , -,n7 G J� -K-r, Qkc- REQUESTED ACTION: O Contact Me O File Attached Prepare Report O Read Only - F.Y.I. O Other: O Approval 4 MICROFILMED By JORM MICROLAB CEDAR RAPIDS -DES MOINES (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: Nugust 11, 1981 Time of Meeting: 7:30 FIX Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: $370,000 Public Improvement Bonds. - Resolution directing sale. Such additional matters as are set forth on the addi- tional 12 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. ,cam City Clerk, Iowa ity, Iowa 1 AHLERS. GOONEY. OORWEILER. HAYNIE 6 SMITH. LAWYERS, DES MOINES, IOWA " 1067 MICROFILMED BY IJORM MICROLAB 'CEDAR RAPIDS•DES'MOINES IOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF AUGUST 11, 1981 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON MICROFILM BY 'JORM MICROLAB -CtDAR RAPIDS -DES -MOINES 1907 r-1- , AGENDA REGULAR COUNCIL MEETING AUGUST 11, 1981 Item No. 1 - MEETING TO ORDER. ROLL CALL. Item No. 2 - MAYOR'S PROCLAMATION. a. Procter & Gamble Day, August 18, 1981. Item No. 3 - CONSIDER ADOPTION OF CONSENT CALENDAR AS PRESENTED OR AMENDED: a. Approval of Official Council actions of the regular meeting of July 28, 1981, as published, subject to correction, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Senior Center Commission meeting of July 16, 1981. (2) Planning and Zoning Commission meeting of July 23, 1981. (3) Library Board of Trustees meeting of July 23, 1981. C. Permit Motions and Resolutions, as Recommended by the City Clerk. (1) Consider motion approving Class C Beer Permit and Sunday Sales for John Alberhasky dba John's Grocery, 401 E. Market. (renewal) (2) Consider motion approving Class C Beer Permit and Sunday Sales for Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #1 and Drugtown #1, 501-502 Hollywood Blvd. (renewal) (3) Consider motion approving Class C Beer Permit and Sunday Sales for Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #2, 310 N. First Avenue. (renewal) (4) Consider motion approving Class C Liquor License for George's Buffet, Inc. dba George's Buffet, 312 Market Street. (renewal) i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 140INES i Agenda Regular Council Meeting August 11, 1981 7:30 P.M. Page 2 Item No. 3c. cont'd. (5) Consider motion approving Class A Liquor License for Iowa City Moose Lodge 11096 dba Iowa City Moose Lodge #1096, 2910 Muscatine Avenue. (renewal) (6) Consider motion approving Class C Liquor License and Sunday Sales for Plamor Bowling, Inc. dba Plamor Bowling, 1555 First Avenue. (renewal) (7) Consider motion approving special 14 day Beer Permit and Sunday Sales for St. Mary's Roman Catholic Church dba St. Mary's Roman Catholic Church, 2150 Rochester Avenue. (Regina Fall Festival) (new) (8) Consider resolution issuing cigarette permits. (9) Consider resolution issuing dancing permit to Iowa City Moose Lodge #1096, 2910 Muscatine Avenue. (renewal) (10) Consider resolution issuing cigarette refund. d. Motions. i Consider motion to approve disbursements in the amount of $3,166,604.29 for the period of June 1 thru June 30, 1981, as recommended by the Finance Director, subject to audit. j e. Setting Public Hearings. (1) Consider resolution setting public hearing on August 25, 1981, on increased water rates. Comment: This Resolution sets a public hearing to receive public input for and against the proposed water rate increase. A memorandum from the Finance Director regarding the effective date of -this increase is ' attached to the agenda. (2) Consider resolution setting public hearing on August 25, 1981, on plans, specifications, form of contract, and estimate of cost for the construction of the Lafayette Street railroad bridge project, directing the City Clerk to publish notice of said hearing and directing City Engineer to place said plans, etc., on file for public inspection. Comment: This project, which is part of the Lower Ralston Creek Improvements, involves the construction of a temporary railroad runaround, the removal of the existing railroad property and other abutments, the construction of a three span open deck steel beam railroad bridge with associated trackworks, and other work incidental thereof. The Engineer's estimate is approximately $206,000; funding is to come from the CDBG program. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES IcIO7 -r Agenda Regular Council Meet ��q August 11, 1981 7:30 P.M. Page 3 Item No, 3 cont'd. (3) Consider a resolution setting public hearing on August 25, 1981, for Iowa City's fifth year hold -harmless entitlement CO8G grantee performance report, directing the City.Clerk to publish notice of said hearing, and directing the Director of Planning and Program Develop- ment to'place information regarding said report on file for public'inspection. Comment: Iowa City's hold -harmless CDBG program was granted an extension by HUD of approximately 15 months to complete the remainder of the program. According to federal regulations, the City has completed a grantee performance report for the fifth CDBG program year. This report will be made available for public review at the City Clerk's office and at the public library. (4) Consider resolution setting public hearing on November 10, 1981, on the matter of notice of violation, notice of claim, and order of compliance issued by the City of Iowa City to Sheller -Globe Corp. on July 1, 1981, directing City Clerk to publish notice of said hearing, and directing City Clerk to give written notification of said hearing to Sheller -Globe Corp, either through personal service or by certified mail, return receipt requested. Comment: This resolution sets a public hearing on the matter of the Notice of Violation, Notice of Claim, and Order of Compliance issued by the City of Iowa City to Sheller -Globe Corporation on July 1, 1981, relating to the prohibited discharge into the City's sewer system. f. Correspondence. (1) Letter from Chairperson of the Riverfront Commission regarding the City's maintenance yard. This letter has been referred to the City Manager for reply. (2) Letter from the president of the Chamber of Commerce commending the City for the maintenance of the downtown area. No reply is necessary. (3) Letter from the president of the Chamber of Commerce recommending that a study be undertaken to determine the feasibility of instituting Sunday bus service. This letter has been referred to the City Manager for reply. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES V Agenda Regular Council Meeting August 11, 1981 7:30 P.M. Page 4 Item No. 3f, cont'd. (4) Letter from Nancy Purington Tade regarding the old library. (5) Letter from Mark Hamer of Meardon, Sueppel, Downer, & Hayes, regarding billing procedures for water. A copy of the response from the City Manager is attached. A reply from the legal staff is being prepared. g. Applications for the Use of Streets and Public Grounds. (1) Application from Woody Kendall for the use of Tracy Lane circle drive for a neighborhood party on August 8, 1981. (approved) (2) Application from Regina High School for a 6.2 mile run as part of the Fall Fun Festival on September 5, 1981. (approved) (3) Application from Richard D. Smith for the use of Flatiron Circle for a neighborhood party on August 15, 1981. (approved) h. Application for City Plaza Use Permits. (1) Application from Mickey Matyko and Julie Spencer to vend food from a motorized vehicle on City Plaza or on parcel 82-11b. (denied) A copy of the City Manager's letter and pictures of the vehicle are attached to the agenda. END OF CONSENT CALENDAR. Item No. 4 - PLANNING AND ZONING MATTERS. a. Consider setting a public hearing for September 8, 1981, to consider an ordinance approving the final PAD plan of Court Hill -Scott Boulevard,.Part VIII. S-8109. Comment: The Planning and Zoning Commission, at a regular meeting held July 23, 1981, recommended by a unanimous vote to approve the final plat, PAD and LSRD plan of Court Hill - Scott Boulevard, Part VIII, located south of Lower West Branch Road, subject to the approval of the legal papers and provision of the signatures of the registered land surveyor and the utility companies. The subject development is a near replica of the development to the south (the area around Hanover Court) with attached single-family dwellings clustered around a cul-de-sac street. The resolutions considering the final plat and final LSRD plan will be presented at the time of the final consideration of the ordinance approving the final PAD plan. Action: 1,Q07 i MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES V I,— Agenda Regular Council Meet,.,g August 11, 1981 7:30 P.M. Page 5 Item No. 4 cont'd. Action: b. Public hearing to consider amending Section 8.10.24 (Area Regulations) and 8.10.3 (Definition) of the Zoning Ordinance. (Rooming House) Comment: The Planning and Zoning Commission, at a regular meeting held July 2, 1981, recommended by a 5-0 vote to approve the subject amendments. The purpose of the amend- ments is to provide definitions in the Zoning Ordinance which are consistent with the Housing Code and to regulate rooming houses at an equivalent density of a multi -family dwelling unit in the zone in which the rooming house is located. Copies of the ordinances were included in the Council packet of July 13, 1981. C. Public hearing to consider an ordinance amending the Zoning Ordinance to provide a mobile home residential zone and an ordinance amending Chapter 22 regarding mobile home park standards. Comment: The Planning and Zoning Commission, at a regular meeting held July 2, 1981, recommended by a 4-1 vote approval of the subject amendments. These amendments provide a new zone within the Zoning Ordinance referred to as a Mobile Home - Residential zone (RMH) and revise the existing Chapter 22 of the Code of Ordinances regarding mobile home park standards, altering the minimum standards for parks and the review process. A copy of the proposed ordinance and amendment to Chapter 22 is attached to the agenda. Action: Action: d. Consider a resolution approving the preliminary plat of Dean Oakes Third Addition. S-8014. Comment: The Planning and Zoning Commission, at a regular meeting held July 2, 1981, recommended by a 5-0 vote to approve the preliminary plat of Dean Oakes Third Addition located west of Dean Oakes First Addition along Oakes Drive extended. The deficiencies and discrepancies have been resolved and the Council can take action on this application. MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS•DES MOINES Agenda Regular Council Meet ng August 11, 1981 7:30 P.M. Page 6 Item No. 4 cont'd. e. Consider an ordinance amending the Zoning Ordinance of the Code of Ordinances of Iowa City, Iowa, excepting a balcony/deck from yard regulations. (first consideration) Comment: The Planning and Zoning Commission, at a regular meeting held June 18, 1981, recommended by a 6-0 vote to approve ove the subject amendment. This recommendation is consistent with the staff's recommendtaion. Approval of i this ordinance would provide a definition for balcony/deck in the Zoning Ordinance and except the balcony/deck from the required yard regulations. Since decks have become increasingly Popular since thedo not ir or light toaadsignificant degree, otherstaffhrecommendsbstuct te flow ofaapproval of the subject amendment. A copy of the ordinance was included in the Council's packet of June 29, 1981. Action: f f• Consider an ordinance amending the Sign Ordinance of the Code of Ordinances of Iowa City, Iowa, (redefining front wall and facia sign). .(passed and adopted) r Comment: The Planning and Zoning Commission, at a regular meeting held June 4, 1981, recommended by a 4-0 vote approval r of the subject amendment. This recommendation is consistent with the staff's recommendation. Approval of this ordinance would toredefinIngwthecia anglegns Of thebfrontatewalloofmthe abuilroofs b ding from i 60 degrees to 45 degrees. There are a number of signs in tIowa C he ity area which are presently non -conforming and this ordinance would make them conforming upon its passage. A Copy of the ordinance was included in the Council's packet of June 16, 1981. Action: i i MICROFILMED BY 'DORM MICRO_ LAB CEDAR RAPIDS -DES MOINES Agenda Regular Council Meeting August 11, 1981 7:30 P.M. Page 7 Item No. 5 - PUBLIC DISCUSSION. Item No. 6 - PUBLIC HEARING ON THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER RALSTON CREEK IMPROVEMENTS - PHASE I PROJECT. Comment: This phase of the project involves the construction of new box culverts at Benton Street and Kirkwood Avenue, including incidental site improvements, within the Lower Ralston Creek Area. Bridge reconstruction at the Prentiss Street culvert is included as a bid alternate. In the event that bids come in below the current budget, the Prentiss Street work will be done at this time. Otherwise, it would be bid as part of the Phase II channel improvements next Spring. The Engineer's estimate is $575,530.95; funding is to come from the CDBG program. Action: Item No. 7 - CONSIDER A RESOLUTION APPROVING THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER RALSTON CREEK IMPROVEMENTS - PHASE I PROJECT, AND AUTHORIZING BIDS TO BE RECEIVED SEPTEMBER 2, 1981, AT 10:00 A.M. Comment: See comment above. Action: MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES -- t N F Agenda Regular Council Meeting August 11, 1981 7:30 P.M. Page 8 Item No. 8 - ANNOUNCEMENT OF VACANCIES. a. Human Rights Commission - One vacancy for an unexpired term ending January 1, 1983 (Richard Yates resigned). This appointment will be made at the September 22, 1981, meeting of the City Council. Item No. 9 - CITY COUNCIL INFORMATION. Item No. 10 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. MICROFILMED BY 1JORM MICROLAB ,CEDAR RAPIDS -DES MOINES a Agenda Regular Council Meet.., August 11, 1981 7:30 P.M. Page 9 Item No. 11 - RECOMMENDATIONS OF BOARDS AND COMMISSIONS. a. Consider recommendation of the Senior Center Commission that the rate of the Senior Center's 36 parking spaces be reduced to 10t per hour. Action: Item No. 12 - RECEIVE BIDS FOR THE SALE OF $370,000 OF PUBLIC IMPROVEMENT BONDS TO BE ISSUED FOR THE PURPOSE OF PAYING COSTS OF THE 1979 BDI SECOND ADDITION IMPROVEMENTS SPECIAL ASSESSMENT PROJECT. Comment: a. Receive sealed bids which are not yet opened. b. .Call for oral bids from those present. C. Close oral bids. d. Open and review the sealed bids received. e. Tabulation of bids. Action: Item No. 13 - CONSIDER RESOLUTION DIRECTING SALE OF $370,000 PUBLIC IMPROVEMENT I BONDS. Comment: This Resolution authorizes the sale of bonds to the best bidder. Action: Item No. 14 - CONSIDER RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE CONTRACT FOR THE SCOTT BOULEVARD PAVING IMPROVEMENT PROJECT - PHASE II, TO METRO PAVERS, INC. Comment: This project was bid on August 5, 1981, with bids as follows:' Metro Pavers, Inc. $394,266.45 Parkview Co. 427,394.40 McAnich Corporation 513,964.05 Wolf Construction 556,206.00 Engineer's Estimate $457,900.00 Engineering recommends aprpoval of this resolution. Action: i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES Agenda Regular Council Meeting August 11, 1981 7:30 P.M. Page 10 Item No. 15 - CONSIDER RESOLUTION AMENDING THE CONTRACT DATED 14ARCH 4, 1975, WITH VEENSTRA AND KIMM, INC., FOR THE PREPARATION OF THE CITY'S FACILITY PLAN TO INCLUDE TECHNICAL SERVICES FOR THE UNIVERSITY HEIGHTS SEWER. Comment: This Ninth Amendment to the City's Agreement with Veenstra & Kimm, Inc., will provide technical services which include the preparation of an application for a Step 3 (Construction) Grant from EPA, general services during construction, resident review and construction staking. A copy of the amendment is attached to the resolution. The Consultant's fee for technical services shall not exceed $86,320.00. EPA and IDEA participation in the cost of these services is anticipated. { Action: i Item No. 16 - CONSIDER A RESOLUTION AUTHORIZING THE EXECUTION OF THE URBAN MASS TRANSPORTATION CAPITAL GRANT CONTRACT. p Comment: This resolution authorizes the City Manager to sign the grant I contract for the City's amendment to its 1977 UMTA Section 3 { k grant. This amendment allows for the purchase of radio equipment F on behalf of Coralville Transit and University of Iowa CAMBUS and ( a replacement coin sorter for Iowa City Transit. A memo from the JCCOG Transportation Planner regarding this item is attached to the t E Action: agenda. I Item No. 17 - CONSIDER A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT/METRO ENTITLEMENT APPLICATION IN THE AMOUNT OF $776,000. Comment: The application outlines a three-year community development program and requests $776,000 in funds for program year 1982. i toese funds complete thelbe LowerxRalstonended lCreekrfloodhborhood control Strategy Areas P project, rehabilitate housing, and enforce the City's Housing Code. Action: /;2 v MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES Agenda , Regular Council Meet'i g August 11, 1981 7:30 P.M. Page 11 Item NO. 18 - RESOLUTION AUTHORIZING AGREEMENT BETWEEN CITY AND OWNERS TO RELEASE AND REDESCRIBE STORM SEWER EASEMENT, LOT 13, DEAN OAKES FIRST ADDITION TO CITY OF IOWA CITY, IOWA. Comment: It has been brought to the City's attention that a house on Lot 13 encroaches 3y feet onto City's storm sewer easement. Engineering recommends vacating 3� feet and adding 2� feet on the opposite side of the existing easement. Legal has drafted an Agreement. Staff recommends execution since this does not ,jeopardize City's rights. Action: Item No. 19 - CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AGREEMENT WITH PLUM GROVE ACRES, INC., CONCERNING :EXTENSION AND RELOCATION OF SCOTT BOULEVARD, TOGETHER WITH PROPOSED CONVEYANCE. Comment: Property owned by Plum Grove Acres, Inc., needs to be acquired, together with construction easements, for extended Scott Boulevard. An Agreement has been drafted providing for -vacation and conveyance to Plum Grove, in partial consideration for property acquisition. Staff recommends execution. Action: Item No. 20 - CONSIDER A RESOLUTION ADOPTING POLICIES CONCERNING RENTAL AND USE OF PUBLIC HOUSING UNITS - PROJECT IA22-3. Comment: Four parcels (six units) will be ready for transfer to the City in he Department eoflHousing 981. hand is SUrban eDevelopment nt of ies lrequired foradmiistratiot administration of public housing. A memorandum stating the Housing Commission's support of this Statement of Policy is attached to the agenda. Action: Item No. 21 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR SPACE NEEDS STUDY AND PROGRAM. Comment: Based on a Proposal submitted by R. Neumann Associates, Architects, City staff has drafted a formal Agreement and recommends execution. Action: MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES Agenda Regular Council Meeting August 11, 1981 7:30 P.M. Page 12 Item No. 22 - CONSIDER A RESOLUTION ADOPTING SUPPLEMENT NUMBER NINE TO THE CODE I OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. Action: t j Item No. 23 - ADJOURNMENT. e j MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES n— .. .� _ . f �. _�,.-_sit —� � — '- — - j- - ' � -_ � Aid - -.[- August 11 , 1981 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 o'clock P.M., on the above date. There were present Mayor John R. Balmer in the chair, and the following named Council Members: Erdahl, Perret, Roberts, Vevera Absent: Lynch, Neuhauser —1— AHLERS. COONEY. DORWEILER, HAYN IE& SMITH, LAWYERS. DES MOINES, IOWA j MICROFILMED BY !JORM MICROLAB I { CEDAR RAPIDS•DES'MOINES -I L _ , I — .0 _ �.'—x- ■ This being the time and place for the opening of bids for thrown open for the receipt of bids for said bonds. the sale of $370,000 Public Improvement Bonds, the meeting was following sealed bids were received and not opened: The Name & Address of Bidders: Carleton D. Beh & Co., Des Moines, Iowa Open bids were then called for and the received was as follows: >1F open bid Name & Address of Bidder: NONE Net Interest Rate: Net Interest Cost: Whereupon, the sealed bids were opened and the b*)B& sealed bid was as follows: Name & Address of Bidder: Carleton D. Beh & Co. Net Interest Rate: 10.56.10% Net Interest Cost: Finance Director Rosemary Vitosh recommended return of the bid and voting down of the Resolution Awarding the Bid, as State Law provides that for a municipality, no bond shall bear interest at a rate exceeding ten percent per annum. -2- AHLERS, COONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA 10167 MICROFILMED BY !.JORM MICROLAB J{ CEDAR RAPIDS -DES MOINES w I 7 L't Roberts introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $370,000 PUBLIC IMPROVEMENT BONDS," and moved its adoption. Vevera seconded the motion to adopt. The roll was called and the vote was, AYES: None 0 NAYS: Perret. Roberts, Vevera, Balmer Erdahl Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION DIRECTING SALE OF $370,000 PUBLIC IMPROVEMENT BONDS WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the lA%N7k bid received is determined to be the following: $370,000 PUBLIC IMPROVEMENT BONDS: Bidder: Carleton D. Beh & Co. of Des Moines, Iowa the terms of said bid being: Net Interest Rate of 10.5610 % NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IO`AA CITY, IOWA: -3- A MLERS. COONEY. DORWEILER, HAYNIE &SMITH, LAWYERS, DES MOINES, IOWA 4 'MICROFILMED BY - ',,JORM MICROLAB ;CEDAR RAPIDS -DES -MOINES G20 % Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notices of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. NOT ADOPTED Xo)(MKXMNXMifflYtV, this day of 1981. ATTEST: Clerk 4 Mayor -4- AHLERS. COONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA j MICROFILMED BY 'JORM MICROLAB CEOAR RAPIDS -DES MOINES 067 7 V_ i i CERTIFICATE STATE OF IOWA ) j JOHNSON ) SS I COUNTY OF ) CIG -3 1-79 fffs CUP' I, the undersigned City Clerk of Iowa City Iowa, do hereby certify that attached is a true and complete COPY of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily asccessible to the public and clearly designated for that purpose at the principal office of the Council (a Copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully Possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the sealf said Municipality hereto affixed this �� day of 1981 . City Clerk, Iow4f City Iowa SEAL AHLERS, COON EY. DORWEILCR. HAYNIE 8 SMITH. LAWYERS, DES MOINES. IOWA j MICROFILMED BY JORM MICROLAB .CEDAR RAPIDS -DES I4D1NES Y RESOLUTION NO. 81-210 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AGREEMENT WITH PLUM GROVE ACRES, INC. CONCERNING EXTENSION AND RELOCATION OF SCOTT BOULEVARD, TOGETHER WITH PROPOSED CONVEYANCE. + WHEREAS, it is in the public interest to extend and relocate certain Portions of Scott Boulevard right-of-way in Iowa City and Johnson County, Iowa; and i WHEREAS, it is necessary to acquire certain property owned by Plum Grove Acres, Inc., together with construction easements, in order to construct said improvements; and WHEREAS, the City of Iowa City wishes to vacate and convey certain portions of existing Scott Boulevard in partial consideration for said acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest an agreement with Plum Grove Acres, Inc. It was moved by _Vevera and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch x Neuhauser x Perret X Roberts X Vevera Passed and approved this 11th day of August 1981. ATTEST: CITY CLERK i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES R"elved i Approved u�1e8el DePmftwnf 8'(0 8Y 7 ''- ACQUISITION AGREEMENT �• 0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES THIS AGREEMENT made and entered into this 11th day of August , 1981, by and between Plum Grove Acres, Inc., Seller, and the City of Iowa City, Buyer. 1. In consideration of the agreements, covenants, and provisions herein contained, Seller hereby agrees to sell and furnish to Buyer a Warranty Deed, on a form furnished by Buyer, and Buyer agrees to purchase the real estate situated in Johnson County, Iowa, legally described as follows: A portion of the Southwest Quarter (SW 1/4) of Section 7, Township 79 North, Range 5 West and a portion of the Northwest Quarter (NW 1/4) of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, more particularly described as follows: Beginning at an iron pin that marks the northwest corner of Section 18, T79N, R5Wof the 5th P.M., Johnson County, Iowa; thence north 00-o 54 28 west, 35.00 feet along the west line of the southwest quarter of Section 7, T79N R5W of the 5th P.M., Johnson County, Iowa, to a point; thence north 88°30'13" east 450.04 feet to a thence point; north 00°54'28" west 30.00 feet to a point; thence north 88030113" east 100.00 feet to a point; thence south OOo54 28 east 30.00 feet to a thence point, north 88.30 13 east 10 feet to a point; thence south 00°54'28" east 35.00 feet to a point; thence south 00°43'39" east 35.00 feet to a point; thence south 88°30113" west 10.00 feet to a point; thence south 00°43139" east. 727.76 feet to i' a point; thence north 89°28'11" west 100.02 feet to a point; thence north 00943'39" west, 724.22 feet to a south 00.03 point; e thenceeetto a noorth 00°43339"3west 35.00feet toa point, N thence south 88.30 13 west 50.00 feet to the point of beginning, said tract b containing 2.59 acres more or less, as shown on Exhibit "A" attached to this agreement. The premises include all estates, rights, title and interest in the real estate specified subject to all easements. Seller agrees to 3 convey no later than Sept. 1 , 1981, subject to the execution of this agreement and receipt of the lump sum payment provided in Paragraph 3 r hereof. a 2. Buyer agrees that as part of the consideration for the purchase of the above described tract, it will vacate and convey to Seller that portion of the existing Scott Boulevard right-of-way running South from Court Street (extended) as shown on Exhibit "B" attached to this agreement, subject to all easements. Buyer agrees, at its own expense, to survey said tract to provide a complete and accurate legal description for the conveyance to Seller, which conveyance shall be by Warranty Deed. Buyer agrees to vacate and convey as required by law, said conveyance to be completed no later than November 1 , 1981. —j �• 0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES i 2 3. Buyer agrees that in addition to vacating and conveying the tract described in the previous paragraph, it will pay Seller a total lump sum of $1.00 and Seller agrees to grant the right of possession and convey title to the property described in Paragraph 1 hereof upon receipt of said payment and receipt of title to the property described in Paragraph 2. 4. Seller agrees to furnish and to deliver to Buyer at the Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240, an abstract of title continued to date hereof showing merchantable title to the premises described in Paragraph 1 and Seller agrees to make all necessary abstract corrections. Buyer agrees to pay the costs of said abstracting. Buyer also agrees to take all steps necessary to vacate and convey the property described in Paragraph 2 to Seller and to provide Seller with an abstract of title showing merchantable title to said property with the costs of said abstract being paid by Buyer. Buyer also agrees to pay all costs necessary and incident to transferring the two properties described herein including abstracting, documentary stamps, recording fees, and Sellers's attorneys' fees incurred in connection with this transaction up to, but not to exceed, $500.00. 5. Seller warrants that there are no tenants on the property described in Paragraph 1 with compensable leasehold interests and that said property is being sold subject to no leasehold rights. 6. Seller agrees to grant the Buyer, in addition to the other provisions herein, grading rights as shown on the attached drawings, marked Exhibits "C-1" and "C-2" and made a part of this Agreement. 7. Buyer agrees that all of the excess dirt from the grading project consisting of approximately 4,000 cubic yards will be deposited on land retained by Seller in such location as Seller shall reasonably request. Buyer also agrees that prior to depositing said excess dirt on Seller's property, it will first strip the top soil to be stored on the site and then replaced on top of the excess dirt after it has been deposited and graded. 8. All grading and dirt moving shall be at Buyer's expense. 9. Buyer also agrees that the existing roadstone from the present farm driveway that is to become Court Street extended, will be hauled and deposited on the remaining portion of the farm driveway being retained by Seller and located to the east. MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS•DES I401NES iao8 3 10. Buyer agrees to pay Seller $350.00 for loss of profit from potential agricultural use for the year 1981. 11. Buyer also agrees to grant Seller reasonable access from its remaining land onto the new Scott Boulevard and Court Street right-of-way. 12. This contract shall apply to and bind the legal successors in interest of each of the parties herein. 13. Seller and Buyer state that this agreement is being made for their mutual benefits and in connection with the relocation of Scott Boulevard. Buyer agrees that the portion of the property it is acquiring for the relocation of Scott Boulevard as well as the portion acquired for the extension of Court Street shall be under contract for paving at Buyer's expense on or before March 1, 1982, and in the event that said contract for paving is not awarded on or before said date, Buyer agrees to void this acquisition agreement and take all steps necessary to return the property to Seller and put each of the parties in the same position as they were in on the execution of this agreement. 14. The terms and provisions of this contract shall survive the transfer of titles to the properties being conveyed herein. IT WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first above written. PLUMGRORVV RES, INC. &60 _ / /Bruce R. Glasgow, Presidpht IT RaCWV'sd & Approved M[egael D=6 - eparh7/nent MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES CITY OF IOWA CITY, IOWA ayor ATTE City Clerk land' l„_ EXHIBIT "A” SCALE I"=100 450.04 OF BEGINNING N88°3013"E 500.04' I further certify that the plat as shoo-in is a correct representation of the survey and all corners are marked as indicated. a r z 7-23-8-r r' W R ert D. 1lickelson eg. No. 7036 Date z SubscrrU*� bed andorn to before me hIS w o3'b"'tfay of 190 a Notary PAbffc,Nin and r the State of Iowa •, 3 LARRY R. SCHNI J g—„ MY COMMISSION EXPIRES September 30, 1981 �-13!* SB8° I 10.00 F3 . DESCRIPTION OF COURT STREET AND SCOTT BOULEVARD RIGHT OF WAY Beginning at an iron pin that marks the northwest corner of Section 18, T79N, R5W of the 5th P.M., Johnson County, -.Iowa; thence north 00054'28" west, 35.00 feet along the west line of the southwest quarter of Section 7, T79N, R5W of the 5th P.M., Johnson County, Iowa, to a point; thence north 88030'13" east 450.04 feet to a point; thence north 00054'28" west 30.00 feet to a point; thence north 880 ' 30'13" east 100.00 feet to a point; thence south 00054'28" east 30.00 feet to a point; thence north 88030'13" east 10.00 feet to a point; thence south 00054'28" east 35.00 feet to a point; thence south 00043'39" east 35.00 feet to A point; thence south 88030'13" west 10.00 feet to a point; thence south 00043'39" east 727.76 feet to a point; thence north 89028'11" west 100.02 feet to a point; thence north 00043'39" west, 724.22 feet to a point; thence south 88030'13" west, 400.03 feet to a point; thence north 00043'39" west 35.00 feet to a point; thence south 88030'13' west 50.00 feet to the point of beginning, said tract containing 2.59 acres more or less. i MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES MOINES 1111S #33 m m N _p N 0 0 N M L". EXHIBIT "B" SCALE I"= 100' 132°43'20" L DESCRIPTION OF SEWER EASEMENT Commencing at an iron pin that marks the oa fill Cor. of Sec. 18, T7914, R514, of the 5th s+: P.M., Johnson County, Iowa; thence 11880 30'13"E 50.00 Feet; thence S0004313911E 35.00 Feet to the point of beginning; thence S00043'39"E 135.00 Feet; thence -w P S89016'2111 45.00 Feet; thence N00043' o 39"11 134.39 Feet; thence N88030' 13"E =`' H 45.00 Feet to the point of beginning, "l s said tract contains 0.14 acres more or less. DESCRIPTION OF TRACT TO BE CONVEYED - Beginning at an iron pin that marks the 1111 corner of Section 18, T79VI R51.1, of the 5th P.M., Johnson County, Iowa; thence N88030'13"E 50.00 feet; thence S00043'39"E 35.00 feet to the point of beginning; thence S00043'39"E 710.07 feet; thence N89028'I1"11 45.01 feet; thence N00043'39"II 708.48 feet: thence 1488030'13"E 45.00 feet to the point of beginning said tract contains 0.73 acres more or less. I further certify that the plat as shown is a correct representation of the sures and all corners are marked as indicated. ibed and s orn to before me this c33 ay of 1_, ry u ic, in and for the State of 10 e�iYCOI R.,5ICIONE%FIRE$ IIHS P339-022 I MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES EXHIBIT "C -I" DESCRIPTION OF TEMPORARY EASEIIENT N SCALE 1":100' A strip of land 35' wide lying west of and adjacent to the west ROW line of Scott Boulevard and extending from Station 19+70 to Station 27+00; also a strip of land 20' wide lying south of and adjacent to the south ROA' line of Court Street and extending from Station 1+40 to Station 5+50 on Court Street. i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES -- 1" l EXHIBIT "C-2" N88030'13'E 15500' R N88030'13'E 430.04' 2�. .IOO' I z5 1B o o 13 N88°30'"E g 500.04' COURT T. b ; at rn v EXTENDED 27-00 n 50' 3e, fr m d 26-00 w y i 3 Z W Z 25-00 f- Ill_►! y W 3 C . � J m J ~ m O F O O U y N m O A ' i SCALE I 100' o n s ¢ s: yxj a v ti xr'>. W r y A .r 1Q o 50' £ QC $ y 0 21 00. E': 20 00 PROPERTY LINE DESCRIPTION OF TEMPORARY EASEMENT A strip of land 40' wide lying east of and adjacent to the east ROW line of Scott Blvd. and extending from Sta. 19+70 to Sta. 21+00; also a strip of land 35' wide lying east of and adjacent to the east ROW line of Scott Blvd. and extending from Sta. 21+00 to Sta. 27+00; also a strip of land 25' long and 70' wide lying east of and adjacent to that portion of Court St. ROW which extends east of the Scott Blvd. east ROW line; also a strip of land 35' wide and adjacent to the east ROW line of ' Scott Blvd. north of Court St. and extending from Sta. 27+70 to Sta. 28+20; also a strip of land 20' long and 100' wide lying north of and adjacent to that portion of Scott Blvd. ROW which extends north of the Court St. north ROW line; also a strip of land 20' wide lying west of and adjacent to the west ROW line of Scott Blvd. north of Court St. and extending from Sta. 27+70 to Sta. 28+20; also a strip of land 20' wide lying north of and adjacent to the north R014 line of Court St. and extending from Sta. 1+20 to Sta. 5+50 on Court St. .�' MICPOFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES M L __ I .0 ,•i; tCCe .n RESOLUTION NO. 81-211 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO CONTRACT WITH VEENSTRA & KIMM, INC. WHEREAS, the City of Iowa City, Iowa, has negotiated an amendment to a contract with Veenstra & Kimm, Inc., a copy of said amendment being attached to this resolution and by this reference made a part hereto, and WHEREAS, the City Council deems it in the public interest to enter into said amendment for the construction of the University Heights System Improvements, subject to IDEQ and EPA approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the amendment with Veenstra & Kimm, Inc. 2. That the City Clerk shall furnish copies of said amendment to any citizen requesting the same. It was moved by Perret and seconded by Roberts that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL _x LYNCH x_ NEUHAUSER x PERRET x ROBERTS _ x VEVERA Passed and approved this 11th day of August 1981, ATTEST: City Clerk L.,. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES Received $ ApprovM By The Legal Department �ao9 --. 1� NINTH AMENDMENT TO THE CONTRACT FOR TECHNICAL SERVICES BETWEEN THE CITY OF IOWA CITY AND VEENSTRA & KIMM, INC. UNIVERSITY HEIGHTS SYSTEM WHEREAS, the City Of Iowa City, hereinafter referred to as the City into an agreement dated March 4, 1975, with Veenstra & Kimm, Inc.entered 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), as a5-217), and mended, and as further amended by the Clean Water Act of 1977 (Public Law 9 WHEREAS, the parties hereto executed the original agreement and amendments June 13, 1979, April 2June 9,11980,MJuly02,11980 andust 23 February912, 1981, h r1978, ein, referred to collectively as the Agreement, and hereinafter WHEREAS, the amendment dated February 12, 1981, hereinafter referred to as the Eighth Amendment, provided for services by the Consultant to prepare plans and UniversityiHeights ons Sylstem,ltandsSewerSystem abil be rRehitationtor Sstemlandesuch otlief herm, improvements e,hr erissendment ll as set forth said Facility oother services tforth'insaid EighhAmendmentand WHEREAS, said Facility Plan has been certified by the Iowa Department of Environmental Quality Agency (EPA), and (IDEQ) and approved by the U.S. Environmental Protection WHEREAS, it is prudent and timely for the City to file a Step 3 (Construction) grant application for funding of the state and federal portions Of construction, engineering and other eligible costs for the University Heights System, and WHEREAS, Step 2 (Design) services are complete and finished upon the date of award of construction contracts and exclude any services beyond that date for general services during construction, resident review and construction staking, and any other services normally associated with the Step 3 (Construction) phase, and WHEREAS, the City wishes to retain the Consultant to represent it and provide all engineering services involved in the Step 3 phase of the University Heights System not provided for in the original agreement, as amended, and WHEREAS, said Step 3 engineering services shall include the following specific services: I. Prepare the application and supporting documentation for a Step 3 grant for funding of the Project. 2. Provide general services during construction, itemized hereinafter. 3. Provide resident review and construction staking. -1- 10169 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES M01NES _I NOW, THEREFORE, it is hereby agreed by and between the parties hereto that the amended agreement shall be further amended by adding the following paragraphs and subparagraphs relative to engineering services during the Step 3 (Construction) phase of the University Heights System. "STEP 3 GRANT APPLICATION. The Consultant shall prepare the application and supporting ocuments or the Step 3 grant. GENERAL SERVICES DURING CONSTRUCTION. The Consultant shall provide general services during construction, including: 1. Coordinate joint work plan at outset before commencing work. 2. Establish bench marks and/or base lines to permit starting construction work. 3. Consult with and advise the City and prepare routine change orders as required. 4. Coordinate work of testing laboratories. 5. Assist in interpretation of plans and specifications. 6. Review shop drawings and data of manufacturers. 7. Process and certify payment estimates of contractor to the City. 1 8. Attend and conduct a preconstruction conference. 9. Make routine and special trips to the job site as required. 10. Provide written monthly progress reports to the"City showing progress on the project. 11. Attend conferences with the City, contractors and public utility companies. 12. Make a final review after construction is completed to determine that the construction complies with the plans and specifications and, with the Director of Public Works, recommend acceptance of the work by the City. 13. Provide the City with two complete sets of plans showing the final construction. 14. Provide the City with copies of the resident engineer's and/or engineering technician's field notes and diaries on a weekly basis. RESIDENT REVIEW AND CONSTRUCTION STAKING. Resident review is understood to include the detailed o servat on and review of the work of the contractor and materials to assure compliance with the plans and specifications. -2- I ao9 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 140INES " fI The Consultant shall provide resident review by assigning a resident engineer and/or engineering technician to the Project for such periods reasonably required to assure proper review of the work. The personnel assigned and the period of such assignment shall be such that a resident reviewer is on the jobsite whenever the contractor is working and is available for call from the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday. Construction staking is understood to include the establishment of required bench marks and base lines for locations, elevations and grades of construction. For sewers, the Consultant shall establish offset line and grade hubs at manholes and at points 50 feet and 100 feet beyond manholes. The Consultant shall periodically check sewer elevations to determine the accuracy of laser equipment. For pavement, the Consultant shall set grade points at intervals of 25 feet at convenient distances from the centerline of street; elevations shall be set to gutter grade. SPECIAL CONDITIONS. The following special conditions shall apply to this Amen menta The Consultant shall subcontract for not less than seven percent (7%) of the fees for services for grant -eligible improvements under this Amendment to a Minority Business Enterprise (MBE) capable of performing such services. Said services may include field inspection and surveys, and drafting of as -built plans. The subcontract and the utilization of the MBE shall be in accordance with the provisions of 40 CFR 35.936-7 and the construction grants notice of EPA Region VII of March 21, 1979, entitled I14PLEMENTATION OF POLICY FOR INCREASED USE OF MINORITY CONSULTANTS AND CONSTRUCTION CONTRACTORS and any amendment to said policy. The provisions of Appendix C-1, required by 40 CFR 35.937-9(c) and attached hereto, are hereby incorporated by reference and made a part hereof and shall be adhered to by the Consultant. Should any provisions in Appendix C-1 conflict with any other provisions, Appendix C-1 shall control. 3. The Consultant shall provide qualified personnel, equipment, subcontractors and facilities necessary to complete the services outlined herein. All services set forth in this Amendment will be performed by the Consultant or under his supervision and all personnel engaged in the services will be fully qualified. 4. The Consultant shall not commit any of the following employment practices and agrees to include the following clauses in any subcontract: a. To discharge from employment or refuse to hire any individual because of race, sex, color, religion, national origin, sexual orientation, marital status, age or disability unless such disability is related to Job performance of such person or employee. b. To discriminate against privileges of employment national origin, sexual unless such disability i employee. any individual in terms, conditions or because of race, sex, color, religion, orientation, marital status, age or disability s related to job performance of such person or -3- 1249 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 5. Should the City abandon the Project, or any task therein, before the Consultant has completed the work, the Consultant shall be compensated for the work and services performed to the date of written notice of abandonment. Compensation shall be on the basis of the sum of Direct Labor Cost, other Direct Costs and Indirect Costs incurred to that date plus a percentage of the fixed fee based on the percentage of work completed for the task so abandoned. 6. It is understood and agreed that the employment of the Consultant by the City for the purposes aforesaid shall be exclusive, but the Consultant shall have the right to employ such assistants as he may deem proper in the performance of the work subject to the approval of the City. 7. The Consultant shall furnish the City with certificates of insurance by an insurance company licensed to do business in the State of Iowa stating that the insurance cannot be cancelled or materially altered without giving the City at least thirty (30) days written notice by registered mail, return receipt requested, for the following specific coverages: a. Personal injury accident and/or death and property damage. The coverage provided shall be $250,000 each personal injury accident and/or death, $500,000 each aggregate personal injury accident and/or deaths and $50,000 for each property damage accident. b. Errors and omissions coverage in the amount of not less than $500,000. c. Workmen's compensation in the amounts required by law. 8. It is understood and agreed that the scope of services set forth herein under GENERAL SERVICES DURING CONSTRUCTION and RESIDENT REVIEW AND CONSTRUCTION STAKING does not include engineering services required in connection with bid protests or services required for arbitration or litigation proceedings between the City and Contractor. Such services shall be considered as special services. 9. This Amendment, and each and every portion thereof, shall be binding upon the successors and assigns of the parties hereto. COMPENSATION FOR STEP 3 SERVICES 1. The City shall compensate the Consultant for the work performed under Step 3 engineering services based on the actual costs incurred plus a fixed fee in accordance with EPA Forms 5700-41 (2-76) with attachments, attached to and made a part of this amendment. Maximum actual costs and the fixed fee for each component of the work shall be as shown hereinafter. 2. Should the scope of work, as defined herein and on the grant application, change and should it be imminent that thereby the costs of performing the work shall exceed.the above, a contract amendment must be negotiated and approved by grant amendment issued by the United States Environmental Protection Agency before such change in costs be approved by the City. -4- MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS•DES MOINES 3. The Consultant shall submit monthly statements proportionate to total project work completed. Invoices shall be due and payable upon receipt and shall be paid by the City within thirty (30) days from date of receipt of invoice. 4. Final payment will be made based on actual work accomplished, subject to the above conditions and written notice by the Consultant to the City of completion of the project. 5. The fees of the Consultant shall be based on the costs of (1) Direct Labor Cost, (2) Indirect Costs, which constitute allowable overhead, (3) other Direct Costs, which constitute expenses of the Consultant, and (4) a Fixed Fee. For purposes of this Amendment, it is understood and agreed that the Indirect Costs (overhead) have been estimated at the provisional rate of one hundred fifty percent (150%) of direct labor. It is further understood and agreed by the parties hereto that the provisional rate is subject to upward or downward adjustments during the course of the Project, or after Project completion, based on the actual overhead rate during the period of service by the Consultant under this Amendment. For purposes of fee computations, the term Direct Labor Cost shall refer to the actual hourly wages, including hourly overtime wages, paid to persons employed on an hourly basis or, in the case of persons employed on an annual basis, the Direct Labor Cost shall be that person's annual salary, without bonuses or pension allowances or any other benefits paid to or on behalf of the person, divided by 2,080. It is understood and agreed that the hourly rates shown on the -Forms 5700-41, or on other forms for non -eligible improvements, attached hereto, were used to develop a maximum fee and the actual hourly rates charged may vary upward or downward from those shown depending upon the actual rates paid to the employees involved in the work. It is further understood that the rates shown are intended to be applicable at the midpoint of completion of the tasks set forth in this Amendment. The term Indirect Costs, which constitute allowable overhead, shall include indirect salaries, group insurance, payroll taxes, pension plan, rent, utilities, office supplies and expense, engineering supplies and expense, postage and freight, repairs and maintenance, telephone excluding toll charges under this Amendment, professional card listings, library costs, dues and licenses, recruiting and education, administrative travel, miscellaneous administrative expense, computer fees, legal and accounting, amortization, depreciation and operating insurance. It is understood and agreed that Indirect Costs shall specifically exclude contact and sales expense, entertainment, interest expense, truck and auto expense, long distance telephone calls under this Amendment and officers' life insurance. -5- 1209 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I— L' -.I 6. The maximum actual costs and the fixed fees, shown on Form 5700-41, shall be as follows: a. For general services during construction, the maximum amount chargeable under this Amendment for the actual costs incurred is Twenty-two Thousand Twenty and 00/100 Dollars ($22,020.00). The fixed fee for general services during construction is Three Thousand Eight Hundred Fifty and 00/100 Dollars ($3,850.00). b. For resident review and construction staking, the maximum amount chargeable under this Amendment for the actual costs incurred is Fifty-one Thousand Four Hundred Fifty and 00/100 Dollars ($51,450.00). I The fixed fee for resident review and construction staking is Nine Thousand and 00/100 Dollars ($9,000.00). The undersigned do hereby covenant and state that this 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 Amendment nor have any of the above been implied by or for any party to this Amendment. Dated this 11th day of August 1981. CITY OF IOWA CITY, IOWA B ATTEST: Mayor j I By City C erk i >VEENSTRAIMM, ATTEST: Press en a o By I Rsalwd A Approves ly ! Le9+( Department SLi-6-81 -6- �a09 _r j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 140INES n ALIT:vnlx C-1—It1:Yala1l11•NnvlalJ.vy— CoNsl'LTimG KmoinY.CNING ACnIJ.n):NTS 1. General 2. ResnombiNty of (he F7nKmeer 3. Scone of Work 9. C113a :,'s S. Termination 0. Remedies 1. Payment 6, ITAlrct DI si Rn 9. Audit: Acle -As to RPCOrds 10. Prire Reduction for Uef(TIAVC Cost or )TWIng Data 11. SubrontmCLs 12. Inbor Standards 13. Equal Employment OppornmitY 19. GtlILM11e111 of Small or Minority nus ncxs 15. Covenant AOahut Contingent Fees IQ Gratuities 17. Patents 18. and nights In Data 1. GENERAL (an The owner and the engineer agree th> the following Pmvsiuns apply to the Eiln grant -eligible work to be performed Ill this anreemtnt and that such provision:t s persede any confhcUng provisions of it.. agreement. (b) The work under this agreement I funded in part by a grant from the U.S. £:.. vironmental Protection Agency. Neither tr.- United States nor the U.S. Envlronment'3 Protection Agency (hereinafter. "EPA") Is a parts' to this Agreement. This Agreeme! t which covers grant-ellgible work is subpar: to regulations contained In 40 CPR 75.93 75.937, and 75.979 In effect on the dale ( f execution of this agreement. As used I.1 ttle&c Clauses, the words "the data' of exect.- lion of this Agreement" mean the date (.• execullon of this Agreement and Any subm' quem modification of the terms. Compenea, tion or scope of semlces pertinent to unpc formed work. (c) The owners rights and remedies Pr.• vlded in these clauses Are In Addition to acv other rights and remedies provided by Is v or this al,•reemenL a, nesroN51RII-ITY Or TIIE ENGINEER (a) The engineer shall be responsible fcr the professional quality. technical accumc:', timely completion. and the coordination If all designs. drawings, speclticatlom. reports, . and other services furnished by the engi. neer under this Riumment. The engineer shall. without Additional compensation, car• act or revise Any errors, omissions, or olhlr delielencles In his dedvrs, drawings, sPeJfr eallofs, reports. And other servlcea. Ib) The engineer shall perform such ora- fesdnnal services As may be ne"nsary to v'• eomplixh the work required to be prr(onnei under this agreement. In arenrdanee witl this agreement and applicable EPA require. menta In effect on the data of extCtltlou of this nRr('CmenL (c) 'Fre owner's or EPA's approval of drawings. designs. specification. reports. and Incidental engineering work or mated. all furnished hereunder shall not In arty way relieve the engineer of responsibility for the tt-Jtnield Adequacy of Ills work. N.+ then the owner's nor EPA's review. approval or xr.ceplsince oh nor payment for, auy of the services shall bet construed to operate as a waiver of any rlehls under this ncreemert or of any cause of action arising out of the performance or this agreement (dl The engineer shall be and shall remain liable, In accordance with applicable law. fer all damages to the owner or EPA caused by tl.o • nelperr'+ P,Rllgcnt pe-rformMlce of any of Elie services lunnshed under this agree- ment. except for errors, ulausloru or other deficiencies to tum extent attributable to that owner, owmerh rakiled data or MAY thhd party. The emanver shall flat be responslbln for any time delays In the prolect caused ty circurretanam beyond the Cnglnecer's CoA— trot. Where innovative prmewses or tach. nlou,S (see 40 CPR 35.9US) are recommend. ed by the engineer and are used, the PRO - neer shall I, liable only for groes negligence to We extent of such au:. o. SCOPE or WORN The services to be performed by the engi. neer shall Include all services required to complete the task or Step In aecordame with Applicable EPA regulations (90 CFI Part 35. Subpart E In effect on the date W execution of this agreement) to the extut.t of the scope of work as defined and set otI In the engineering services agreement to which these provisions; are attached. e. CHANGES (1) The owner may. At any time. by wn: len order, make changes within the generl.l scope of this agreement In the services rr work to be performed. if such ehxnRes cause an increase or decrease mthe engineers cost of. or time required for, performance t I any services under this agreement. whether or not changed by tiny order• an equitable Rdlustmcnt shall be made and this Agree. ment shall be modified In Writing accordlnv. ly. The engineer must nsien any claim fcr adjustment under this clause In writing within 70 days from the date of receipt by the engineer of the notification of change• unless the owner grants a further period cf time before the date of final payment under this Agreement. (b) No services for which an additional compensation will be charged by the eng:- ncer shall be furnished without the writte.I autharl:orlon of the owner. (G In the event that there Is a modlfice. Man of EPA requirements relating to the services to be Performed under this street. ment after the date of execution of this agreement. the Increased or decreased cost of performance of the services provided far in this agreement shall be reflCcted In at appropriate modification of this agreement- s, TERMulAnon (1) FYther party may terminate this ninct. ment. In whole or is, part, in writing, If the other party substantially falls to fulfill Its obligations under this ngreemenC through no fault of the Implicating party. However. no such termination may be effected unless the other party Is given (1) not lass than tell (IW calendar days written notice (delivered by certified mall, return reu:lpt requsavd) of Intent to terminate and (2) an opportunl• Ly for consultation with the terminating party before termination (b) The owner Inay terminale this Aunee- ment IIA whole or In Part, In writing, for its convenience, If the termination Is for good cause (such as for legal or finaim n1 reasons, major chances In the work or program re. qulrements. Initiation of a new step) and the engineer is Nitron (1) not Less Ill= len (101 calendar day's written notice (detivered by certified mall, return receipt requested) of Intent to terminate. and 121 An opportunity for consultation with the terminating party before termination. (c) If the owner terminates for default• ml equitable adjustment In the price Provided for In this "cement shall be :u tie, but 1 it no amount shall be Allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the engi. neer at the time of termination may le ad. lusted to the extent of any additional cast; the owner Incurs because of the engineer's default. If the engineer terminates for de- fault or If the owner laminates for conven. fence. the equitable adjustment shall In. clude a reasonable profit for serdres or other work performed. The equitable ad. justment for any termination shall provide for payment to the engineer for sr!rlces rendered and expenses Incurred before the termination, In addition to termination Set- tlement Coats the, engineer reasonably Incurs relating to commitments which had become firm before the termination. (dl Upon receipt of a lerrtmadon action under paragraphs (a) or (b) abure, the engi. neer shall (I) promptly discontinue E.11 ser. vlces affected (unless the notice direes oth. erw'ise), and (2) deliver or otherwise make available to the owner all data, drawings, specifications, reports. estimates, summer. Ifs. and such other Information and materl. als as the engineer may have accumulated In.7erforming this agreement, whether com- pleted or In process. (e) Laan termination under paragraphs (a) or (b) above• the owner may take over the work and prosecute the same to Camille. tion by agreement with another party or otherwise. Any work the owner takes over for completion will be completed at the owner's risk, and the owner will hold harm. less the engineer from all claims ane dam. ages arising out of Improper use of the engi. neer's work. (f) If, after termination for failure of the engineer to fulfill contractual obligations. It Is determined that the engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the owner. In such event, adjustment of the price provided for In this agreement shall be made As paragraph (c) of this clause pro. vides, a. REMEDIES Except at this agreement otherwise pro. vides, all claims, counterclaims, disputes, and other matters In question between the owner and the engineer arising out of or re- lating to this agreement or the breach of It will be decided by arbitration If the parties hereto mutually agree, or In a court of com- petent jurisdiction within the State In which the owner Is located. T. PAYMENT (R) Payment shall be made In accordance with the payment schedule Incorporated In this agreement as soon Is practicable upon submis,don of statements requesting pay- ment ayment by the engineer to the owner. It no such payment schedule is Incorporated In this agreement, the payment provisions of paragraph (b) of this clause shall Apply. (b) The engineer may request monthly progress payments and the owner shall make them as soon As practicable upon sub. mission of statements requesting payment by the engineer to the owner. When such progress payments are made, the owner may withhold up to len (101 percent of the von- ehered amount until satisfactory completion by the engineer of work and serices within a step called for under this agreement. When the owner determines that the work under thL% agreement or any specified task hereunder Is substantially complete and that the amount of retained percentages Is In excess of Tile amount considered by him to be adequate for his protection. he shall rrlMse to Lite engineer such excess amount. FEDERAL tICISIER, VOL 47, NO. 185—WEDNESDAY, SEPTEMBER 17, 1073 /soy MICROFILMED BY JORM MICROLAB CEDAR RAPIDS - DES MOINES M 1_, (e) No payment request made under Pala. graph (rt) or (b) of this clause shall exceed the estimated amount Anti Valuc of the work And services performed by the cnglnter under this agreement. The engineer shill prepare lite estimates of work performed and %hall supplement there with such sup. porting data m the owner MAY require. (d) Upon satisfactory completion of the work performed under this Rgrcement, aa. a eon:i lml precedent to final payment under the agreement or to settlement upon lerrnl. flat hill aL IIll l• Rgreemen I. Lha c gmeer sh 111 exrnur :mil deliver to Lhe owner a release of a:l damns aRAlrel the owner Arising unser or by virtue of this ngrccment, other thin suet. rialms. If any, As may be 5pecl(Ica3y eEom W.•d by Life engineer from Tile oper. adon of the release In stated amounts to be set Icrlh therein. a. PROJECT DLSION (a) 'n the performance of this agreement, the u;ineer shall, to the extent practicab.e, pro- 1..•: for maximum use of structures, ma. emr.•s. products. materials, CORStrucLlnn met:todx. Rod equipment which are readily mali;iWit through competitive procurement or Clio-wil standard or proven productlnn teehnif a s. methods, and processes, eon k.o ent with .10 CFR 35.936-3 and 35.936.13 In effect an the date of execution of this agree- '. event. except to the extent to which innova. live tecbriotngy may be used under 40 CFR 35.9,10 In effect on the date of execution N this a mement. (b) The engineer shall not. In the perform- ance of the work under this agreement, prq- duce a design or specification which w•ou d require the use of structures, machines, product•„ materials. construction methods, equipment, or processes which the engineer knows to be available only from a so e source, unless the engineer has adequate:y Justified the use of a sole source In wrltint. (e) The engineer shall not. In the Perform- ance of Life work under this agreement, Dr.). duce a design or specification which would he restrictive In violation of sec. 204(a)(6) ( f the Clean Water Act. This statute requir(s that no specification for bids or statemer t of work shall be written In such a manner as to conlnln proprietary, exclusionary, or 1h;- criminatory requirements other than those based upon Performance, unless such r- qulremenLs are necessary to lest or demur. strate a specific thing, or to provide for net. essary Interchangeability of parts bit equipment, or at least two brand names or trade h:unes of comparable quality or utility are listed And Are followed by the words "or en,nl." tush r^card to malenuL.. If a aingln ism,nal to .giecined. 11:,! engineer must b.! prepared to SUMLAnthnc the basis for the Selection of the Material. (d) The rm;incer shall report to the owner Any sole -source or restrictive, design or sped. Ncatlon Riving the reason or reasons why 1: Is necessary to restrict Life design or sprelfl. cation. lel The engineer shall not knowingly .specify or Approve the performance of work At a facility which Is In violation of clean Air or water standards and which Ia listed by the Director of the EPA Office of Federal Activities under 40 CFIt Part 15. a. AUDIT; ACCESS TO RMORDS fol The engineer shall maintain books, records• documents, and other evidence dl - reedy pertinent to performance on EPA grant work under this ARrrrment In neeerd ince with generally accepted accounting vrinrlples And practices consistently: top. piled. and 40 CFR 30.605. 30.605. and 35.935. 7 In effect on the date of executtnn at the Agreement. Tile engineer shall also main. lain the financial Information and data used by the engineer In the preparation or sup. Dart of the cost submission required under 40 CFR 35.937.6(b) In effect on the date of execution of this Agreement and a copy of the cost summary submitted to the owner. The U.S. Environmental 1Totectlon Agency. the Comptroller General of the Unipd States. the U.S. Department of Labor, owner. and Mlle State water pollution con- trol agencyl or any of their duly autlmriE(d representatives shall have access to such books• records. documents. and other ell. decide for Inspection• audit• and eopyIng. The engineer will provide proper facllitks for such access and Inspection. flat The engineer agrees to Include part. graphs (a) through (el of this clause in all his contracts and all tier subcontracts ci. rectly related to project performance that are In exec.." of $10.000. (e) Audits conducted under this provislcn Shall be In accordance with generally ac. cepted auditing standards and establishtd procedures and guidelines of the revlew'Ir.g or audit agency'(les). (d) The engineer agrees to the disclosure of all Information and reports resuldr.g from access to records under paragraphs (it) and (b) of this clause• to any of the agencics referred to In paragraph (a), provided that the engineer Is afforded the opportunity for An audit exit conference and an opportunity to comment and submit any supporting doc- umentation on the pertinent portions of the draft audit report mid that the final audit report will Include written comments of Tea. sonable length. If any, of the engineer. (c) The engineer shall maintain and make available records under paragraphs (a) and (b) of this clause during performance on EPA grant work under this agreement and Until 3 years from the date of final EPA grant payment for the project. In addition. those records which relate to any "Dispute" Appeal under an EPA grant ngrccment, to litigation, to the settlement of claims arb- Ing out of such performance, or to costs I items to which an audit exception has been taken, shall be maintained and made ATnlla- ble until 3 years after the date of resolution of such Appeal, litigation, claim, or excep- tion. 10. PRICE RXIDUCTION Poll DEPUMVL COST OR PRICING. DATA (This clause is applicable if the amount of N4 agreement exceeds J100.000.) (a) If the owner or EPA determines that any price, Including profit, negotiated In conneCLlon with this ni rcement or any coi t reimbursable under this agreement wait In. creased by any significant sums because the engineer Or tiny subcontractor furnished In• complete or inaccurate cost or pricing data or dAla not Current As cerlllled In net cerLlli- eatlon of current Bust or pricing data (EIIA form 5700.411, then such Price, cost. or profit shall be reduced accordingly std lite Agreement shall be modified In writing to reflect such reduction. (b) Failure to Agree on a reduction shall be subject to the remedies clause of this agreement. (Note.—Sin". the agreement is subject to reduction under tats clnme by mason of dr. fecitty cost or pnnng data aubmllled In eonneefion Inlh certain subcontracts, the rnpincer may wish to Include a CICUSC fa each such subronhaet reovinnp the 1UDCOn- Imetor to appropriately Indemnity, the engl- neer. It 11 alto expected that any ru5rontrac. for subject to such mdemnlfmnhon will yen. Daffy reavtre substanludIv similar Indrmmi. /iealion ferde/calve coat orpncln9 dela re- quired to be submitted by his lower herrub. contractors) 11. suacoNTRACTs (a) Any suhcnntmewn and outside w4so. elates or consultants required by the enci- neer In connection with services under this agreement will be limited to such individ. uals or flans As were specifically Identified and agreed to during negotiations, or As the owner specifically aulhorim during the Performance of this agreement. The owner must give prior approval for any subshLU- tlons in or additions to such subcontractors• associates• or consultants. (b) The engineer may not subcontract ::er- vie" In excess of thirty (30) percent (or -- percent. If the owner Rod the enol. ricer hereby agree) of the contract price to subcontractors or consultants without the owner's prior written approval. 12. LIBOR STANDARDS To the extent that this agreement In. volve5 "Construction' (AS defined by the Secretary of Labor), the engineer agrees that such Construction work shall be sub:mt to the following labor standards proelslons, to the extent applicable: (a) Dxvis-Bacon Act (40 U.S.C. 27Ea- 276a-7); (b) Contract Work Hours and Safety Standards Am (40 U.S.C. 327-333); (m Copeland Anti -Kickback Act (18 U.S.C. 874): and (d) Executive Order 11246 (Equal Employ. ment Opportunity); and Implementing rules, regulations, and relevant orders of the Secretary of Labor or EPA. The engineer further agrees that this agreement shall Include and be subject to the "Littler Standards Provisions for Feller. ally Assisted Construction Contracts" (EPA form 5720.4) In effect at the time of execu. Ron of this agreement• la. EQUAL EMPLOYMENT OPPORTUNITY In accordance with EPA policy As ex. pressed In 40 CFR 30,420-5, the enginver agrem that he will not dlscrlminaut agrinst any employee or applicant for Employment because of race, reilclon, color, sex, age, or national origin. 14. UTILTEAVOR or SMALL ANO MINORIce NUSINESS In somrdance with EPA policy As DR. pressed In 40 CFR 35.936-7, lila enRlnmr agrees that qualified small business and ml• Parity business enterprises shall have Lhe mnylmum practicable opportunity to Par. ticipate In the performance of EPA erint. Assisted contracts mid subcontracts. IS. COVENANT AGAINST CONTINO TNT rias The engineer warrants that no person or selling agency hits been employed or re- tained evtamed to solicit or secure this Pnntrad ipnn An agreement or uncirrslandillg for R com- naLmlon, percrntnue, brokerage, or Poulin. gent Ire, vxcepting bomt Ilde employee,, For breach or violation of this warranty the owner xhali have the right to annul this agreement without liability or In Its decry lion to deduct from the contract price or consideration• or otherwise recover. the full Amount of such commission percentage, brokerage, or contingent fee. 11. GRATUITIES cal It It is found, After notice Md hearing. by the owner that the engineer. or any of flDI AL ZIGIS1Ek, VOL 43, NO. 15$—WEDNESDAY, SE7rE,MSE2 J, 1)7$ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS - DES MOINES /,�O? et.a_ Lr. the Chhginee! s agents or repn•sentatices. (1- fcred Or Kaye gratuities (In file form Of en• Lerlahuncllt. gifts. or otherwise). to any Offl- clal, employrr. or Agent of the owner. of file State. Or of EPA In An attempt to secure a rominct or favorable treatment In Award. ing. Amending. or making any determina- tions related to the performance of this nerecment. the owner may, by writt!n netln• In the engineer. terminate the right of the engineer to proceed antler this agree. mens. The owner may also pumue otter rel,ty and remedies that the law or this agtt•ement provides. flow'ev'er. the cslsmr.CC of the [nets upon which the owner bvs•s such findings shall be in issue and may be levlew.!d In proceedings under the remed.e•A clAuse of till agn.•mrnt. (b) In the nvnt this Agreement is terms• noted as provided In paragraph (A) hereat, the owner shall be entitled: (1) To pursue the same remedies against the engineer af. r could pursue In the event of a breach of the contract by the engineer. and (2) as a penal- ty. In addition to any other damages In w'hlrh It may be entitled by law. to cxcmpla- ry damages In An amount (as determined by the owner) which shall be not less than J nor more than 10 limes the costs the engi- neer mean In providing any such gratuities to any such officer or employee. n. rA'1'ENTa If this agreement lmalvn research. devel- opme%tai. experimental. or dcmamtntlon work and Any discovery or invention arises or Is developed In the course of or under this agreement. such Invention or discovery shall bn subject to the reporting and rights provisions of subpart D of 40 CFR part 30, In effect on the date of execution of this agreement. Including appendix B of part 00. En such case, the engineer shall report the discovery or Invention to EPA directly or through the owner, and shall otherwise comply with the aw•ner's responsibilities in accordance with subpar D of 40 CFR part 00. The engineer Atrecs that the disposition of rights to Inventions made under this agreement shall be In accordance with the terms and conditions of appendix B. The en- gineer shall Include appropriate patent pro• vlslons to achieve the purpose of this coni - Lion In NI subcontracts Involving research. developmental• experimental. or demomtra- tion work. III. Co"MIlm" AND NIDI¢g IN DATA (a) The enRlncer agrees that any plans, drawings, designs, specifications. Completer programs (which are substantially PAld for with EPA grant funds), technical reports• operating manuals• and other work submit - Led with it step I facilities plan or with n step I or step 0 grant application or which are specified to be delivered under this agreement or which are developed or pro- duced rind paid for under this agreement (referred to In this clause ws "Subject Data") are subject to the rights In the United Sloes, as set forth In subpart D of 40 CITE part 70 and In Appendix C to 40 CFR part 00, In effect on the date of execu- tion of this agreement. These rights Include the right to use, duplicate, and dlulose such sfabject dnta, In whole or In part, In any manner for Any purpose whatsoever. and to have others do so. For purposes of this clause, "grantee" at used In appendix C rviem to the engineer. If the material is co• pyrlRlltable. the engineer may copyright it - as; appendix C permits• subject to the rights In file Government In appendix C, but the owner end the Pedcral Government resent a royAllyfrrr• nonexeluth'e, And Irrevocable lirense to retrndareg publish• and use such Y s_ matermis, In whole or In part, and to autho- rise Others to do so.'I'Ile engineer shall In. elude appropriate provisions to nchleve fill' purpose of this condition In all subcontiarts exrNrted to produce copyrightable subject data. III) All such subject data furnished by the engineer pursuant to this Agreement are in. strumrnts of his services in respect of the project. It Is understand that the engineer does not represent such subject data to be suitable for rcoc on Any Other prujceL or far any other purpose. If the owner reuses fife subject data without Life engineers spe• civic written verification Or .adaptation. such reu::e will be at the risk of the owner, with. out liability to the engineer. Any such vcr• jheation or adaptation will entitle the enal- neer to further compensation at rates agreed upon by the owner and the engineer. fEDEs.tl lIGISTEX, VCL A1. HO. 170—WEDNESDAY, SEMYCER 17, til! MICROFILMED BY `JORM MICRO_ LAB CEDAR RAPIDSADES 1401NES 7 V" - Attachment No. I COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS Form Approved (See accompanying Instructions before completing this form) OMB No. 158-R0144 PART I - GENERAL I. Grantee 2. Grant Number CITY OF IOWA CITY, IOWA C190830 05 3. Name of Contractor or Subcontractor 4. Date of Proposal Veenstra 8 Kim, Inc., Engineers d Planners Jul 15, 1981 5. Address of Contrdctor or Subcontractor (With Zip Code) 6. Type of Service to be Furnished 300 West Bank Building Step 3 Engineering Services 1601 22nd Street University Heights System West Des Moines, Iowa 50265 General Sery Ices During Construction PART II - COST SUMMARY 7. Direct Labor (Specify Labor Categories) Estimated Hourly Estimated Hours Rate Cost Totals See Attachment 2 $ f XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX Direct Labor Total: XXXXXXXXX XXXXXXXXX XXXXXXXXXXXX S 6,956 3. Indirect Costs Estimated XXXXXXXXXXXXXXXXXX (Specify Indirect Cost Pools) Rate x Base = Cost XXXXXXXXXXXXXXXXXX Direct Labor Pool 1.50 S 6,956 $10,434 XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX 9. Of a. ;portation - Vehicle Mileage I lam Travel Subtotal: XXXXX) " Materials, Supplies y Categories) Ouantl Printlno and Duollentlno C- subcontracts Review Shop Drawlr Subc d. Other (Specify Cat e. Other D 10. Total Estimated Cost 11. Fixed Fee 12. Total Price EPA Form 5700-41 (2-76) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I XXXXXXXXXXXXXXXXXX Estimated I XXXXXXXXXXXXXXXXXX Cost XXXXXXXXXXXXXXXXXX S 960 XXXXXXXXXXXXXXXXXX S 640 XXXXXXXXXXXXXXXXXX $ 1,600 XXXXXXXXXXXXXXXXXX Estimated XXXXXXXXXXXXXXXXXX Cost XXXXXXXXXXXXXXXXXX $ 130 XXXXXXXXXXXXXXXXXX 500 XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX 30 XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX ;Estlmated ost XXXXXXXXXXXXXXXXXX 0 XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX S 2,400 XXXXXXXXXXXXXXXXXX Estimated XXXXXXXXXXXXXXXXXX Cost XXXXXXXXXXXXXXXXXX $ XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX S XXXXXXXXXXXXXXXXXX XXXXXXXXXXXX S 4.630 I. . J __ 1i • " I— r, 13. Competitor's Catalog Listings, In -House Estimates, Prior Quotes Market rrcposuu (Indicate basis for price comparison) Pr Ice (s) Price 14. Contractor VEENSTRA 8 KIM, Engineers d Planners lea. Has a Federal Agency or a federally certified state or local agency performed any review of your accounts or records In connection with any other federal grant or contract within the past twelve months? K Yes No (If "Yes" give name and address and telephone number of reviewing office) EPA Region VII Audit Division Kansas City, Missouri 64106 816-374-5342 141h. This summary conforms with the following cost principles: 41 CFR 1-15.4 14c. This proposal Is submitted for use In connection with and In response to (1) request of the the City of love City ThIs Is to eertI f to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2)July 15, 1981 and that a financial management capablI Ity exists to fully and accurately account for the financial transactions under this project. I further certify that I understand that the subagreement price my be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been de rnn , as a result of audit, not to have been complete, current and a urate / ate a e. r � (3) July 15 1981 Slgnatoe ' Date of Execution President Title of Proposer 15. Grantee Reviewer I certify that I have reviewed the cost/prleo summary set forth herein and the proposed cost/price summary set forth herein and the proposed cost /price pear acceptable for subagreement award. „_�_ _, u,.e,.,,♦Inn Slgneture of Reviewer Data of Execution Signature of Reviewer EPA Form 5700-41 (2-76) MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 140INES ewer Page 2 UO? Attachment No. 2 to EPA Form 5700-4 761 Iowa City, Iowa university Heights System Epp Project No. C190830 05 During Construction General Services 7. DIRECT LABOR (specify labor categories) )Estimated Hourly Estimated Rate Cost Hours 55 $30.00 $ 1 650 600 Management Supervision 130 20.00 15.00 720 Construction Engineer 48 14.00 350 Project Engineer 25 5 14.00 70 550 Design Engineer Assistant Construction Engineer 55 10.00 10,00 500 Draftsman 50 15 10.00 150 2BB Technician Executive Secretary 36 8,00 6,50 78 ecretary 12 Clerk MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES 1201 r- COSI OR Attachment No. 3 PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRAN (See accompanying Instructions before c Form Approved `7S ampleting this form) OM3 No 158 R0144 1. Grantee PART f - GENERAL CITY OF IOWA CITY, IOAA 2• Grant Number 3. Name Of Contrdctor or Subcontractor C190830 05 Veenstre d Kim. Inc., Engineers d Pla!T,v 4• Dote of Proposal 5. Address of Contractor or SubcontractorJuly 15, 1981e of Service to be Furnished 300 'West Bank Bu l ld Ing 1601 22nd Street 3 Engineering Sery IcesWost Des i4olnes, Iowa 50265rsity Heights System ent Reiew and Construction g j 7. Dlreet Labor (Specify Labor Categories)ll Est0imated ST HoSUN4A urly ourly Estted ! See Attachment 4 Hours Rate Cost Totals f f xxxxxxxx� xzX Direct Labor Total: %XXX%XX%X XXXXXX%XX XXXXXXXX%%%% S14X520XXXXXXXXXXXXXXXx 8. Indirect Costs (Speclf Indirect Cost Pools)Estimated Xx�%xxXXxxXXxxxxxxx Direct Labor Pool Rate x Base = Cost XXXXXXXXXXXXXXXXXX 1.50 f14,520 $21,780 XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXxxxxxxxxxxxxxx% %XXXXXXXX %XXXXXXXX XXX%XXXXXXXX f21, 780 9. Other Direct CostIndirect Costs Total:1 I a. Travel XxxxxxxXxxxxXxXXXX Estimated XXXXXXXXXXXXXXXXXX (1> Transportatlon - Vehicle Mileage Cost XXXXXXXXXXXXXXXXXX (2) Per Diem S 2,800 XXXXXXXXXXXXXXXXXX S 6,600 XXXXXXXXXXXXXXXXXX Travel Subtotal: XXXXXXXXXXXXXXXXXXXX f 9400 XXXXXX%XXX%%%%XX%X , b. Equipment, Materials, Supplies (Specify Categories) Estimated XXx%xxxxxxxxxxxxxx Construction Stakes and Materiels Ouantit Cost Cost XXXXXXXXXXXXXXXXXX I Tele hone S LS f 350 XXXXXXXXXXXXXXXXXX ! LS 400 XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX xxxxxxxx%xxxxxx%xx e. SbcontE ul ment Subtotal: XXXXXXXX XXXXXXXXXX XXXxxxxxxxxx%XXXxX S 750 XXXXXXXXXXXXXXXXXXuracts estimated . XXXXXXXXXXXXXXXXXX Construction Staking and Resident Review Cost XXXXXXXXXXXXXXXXXX $ 5,000 XXXXXXxxxxxxxxXx%x Xxxxxxxxxxxxxxxx%X Subcontracts Subtotal: %XXXXXXXX vv..XXXX S 5,000 xxxxxxxxxxxx d. Other (Specify Categories) x%XX%x Estimated Xxxxxxxx%XXxxxxxxx Cast XXXXXXXXXXXXXXXXXX S xxxxxxxxxXXXXXXXX% Other Subtotal: %XXX%XXX% XXXxxxxxxx S xxxxxxxXxx%xXxx%xx e• Other Direct Costa r„F„i. vvv..,,,.,,, ... XXXXX%%XxxxxxxxxXX EPA Form 5700-41 (2-76) 10169 MICROFILMED BY 'DORM MICROLAB CEDAR RAPIDS -DES 1401NES f \ ( _ At A - 13 petitor's Catalog (Indicate basis f, PART III - ngs, In -House Esti. IV - r�. Prior QuotesI Market Proposed Price(s) r Price rccnainn 6 AImYn, tnglneers a Planners --- 14a. Has a Federal Agency or a federally certified state or local agency performed any review of your accounts or records in connection with any other federal grant or contract within the Past twelve months] X Yes No (If "Yes" give name and address and telephone number of reviewing office) EPA Region VII Audit Division Kansas City, Missouri 64106 B16-374-5342 14b. This summary conforms with the following cost principles: 41 CFR 1-15.4 14c. This proposal Is submitted for use In connection with and In response to (1) request of the the City of Iowa City . This Is to certify to the best of my knowledge and bel lef that the cast and pricing data summarized herein are complete, current, and accurate as of (2) . July 15, 1981 and that a financial management capability exists to fully and accurately account for the financial transactions under this project. I further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and prlc to have been de e, s a result of audit, not to have been complete, current alM accure ate abo . (3) July 15 of Execution Title of Proposer I5. Grantee Reviewer I certify that I have reviewed the cost/price summery sot forth heroin and the proposed cost/price summary sat forth heroin and the proposed costs/price appear acceptable for subagreement award. ����e■C�/s� v Data of Execution Signature of Reviewer Authorized Representative Title of Reviewer - i 16. EPA Reviewer (If applicable) ' Date of Execution Signature of Reviewer Title of Reviewer EPA Form 5700-41 (2-76) Page 2 j MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS•DES MOINES IF Attachment No. 4 to EPA Form 5700-41 (2-76) Iowa City, Iowa University Heights System EPA Project No. C190830 05 Resident Review and Construction Staking 7. DIRECT LABOR (specify labor categories) Estimated Hourly Estimated Hours Rate Cost Resident Reviewer I 960 $12.00 $11,520 Survey Chief 120 11.00 1,320 Survey Helpers 240 7.00 1,680 $T4;526 j MICROFILMED BY '',JORM MICROLAB 'CEDAR RAPIDS -DES MOINES 1269 � RE30LUTION NO. 81-212� RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SCOTT BOULEVARD PAVING IMPROVEMENT PROJECT - PHASE II WHEREAS, _Metro Pavers. Inc. of Iowa City Iowa has submitted the beet bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the contract for the construction of the above-named project is hereby awarded to —Metro Pavers Inc for of 1; err 45 awardee secure adequate , Subject to the condition that 4 performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to atteet'the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Roberts and seconded by Vevera that the Resolution as read be adopted, and tWon roll call there were: AYES: HAYS: ABSENTt x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA i Passed and approved thiallth day of August , lg 81 ! 42=446YO ATTEST: rT�Gu CITY CLEAK Reahred & Approved By The Legal Department i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES L.. .1 e ADVERTISEMENT FOR BIDS SCOTT BLVD. PAVING IMPROVEMENT PROEJCT, PHASE II Sealed proposals will be received b,y Lo I:il.y Clork of the City of Iowa City, Iowa, until 10:00 AM on the 5th day of --August._—._. 1')81, aril opened ineiiediaLely thereafter by the City Engineer. Proposals will be acted upon by the. City Council at a meeting to be held in the Council Chambers at 7:30 PM on August 11.,_ 19.81 or at such later time and place as may then be f xed. The work will involve the following: The construction of 8" thick P.C.C. paving with integral curb together with necessary grading and compaction, drainage facilities including inlets and pipe culverts, driveways, sidewalks, seeding, and tree planting, etc., on Scott Boulevard between Muscatine Ave. and Court Street. All work is to be done in strict compliance with the plans and specifications prepared by Charles J. Schmadeke, P.E., City Engineer --'----'- of foo -la City, Iovia, which fi<ive heretofore ticeri �� 1 approved by the City Council, and are on file for public: examination in the Office of the City Clork. j Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Ames, Iowa. i ` Each proposal shall be made on a form furnished by the City and must be accompanied by a bid bond or cashier's or certified check drawn on an Iowa Bank or a bank charted under the laws of the United States and filed in a sealed envelope separate from the one containing the proposal, and in the amount of 107 of bid made payable to the City Treasurer the_ ity of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract: within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or returned after the canvass and tabulation of bids j is completed and reported to the City Council. I Payment to the Contractor will be made as specified in the "Standard Specifications", Article 1109.06. AF -1 MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES MOINES L". /OVO n The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (1008") of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee. the maintenance of the improvement for a period of five 5) years from and after its completion and acceptance by the City. The following limitations shall apply to this project: Working Days 60 Completion Date November 15, 1981 Liquidated Damages £ 250.00 _ per day The plans, specifications, and proposed con- tract documents may be examined at the Office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may %be secured at the Office of Charles J. _ Schmadeke, PE, City Engineer of Iowa City, Iowa, by bona fide bidders. Return all plans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. The Contractor awarded the contract shall submit a list of prcposed subcontractors along with quantities, unit prices and amounts before starting construction. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all efforts to recruit MBE's. A listing of minority contractors is available and can be obtained from the Civil Rights Specialist, at the Iowa City Civic Center, by calling 319/356- 5022. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. 71_(�Ii(LI r22L'a�V�Cl ti n,;.:��'ofl Marian Karr, Deputy By r>n i.agal City Clerk of Iowa City, Iowa MICROFILMED BY 'JORM MICROLAB MAR RAPIDS -DES 1401NES F, 7 CONTRACT THIS AGREEMENT, made and entered into this /iy'`' day of _—/ U�1 191,, by and between the ___City of Iowa City, lovra r party of the first part, hereinafter referred to as the "Owner" and METRO PAVERS, INC. of Iowa Cid, Iowa _____. \ party of the second part, hereinafter referred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 8th day of — July_ 19 81, for Scott Boulevard Paving Improvement Project, Phase II under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to i perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers One (1) b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division,* plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. MICROFILMED BY 'JORM MICROLAB � CtOAR RAPIDS -DES MOINES )^ I e. Special Provisions ` f. Proposal g. This Instrument The above components are complementary and what is called for by one, shall be as binding as if called for by all. i 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part ` of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. i Contractor _(Seal) /�� •� ,,�. Seal) Dy � l�l�Ll � -�-- (Title) Mayor _ itle i ATTE T: ATTEST: v i (Title) City Clerk (Title) iL } I i• ompanylf icia j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES -MOINES ire 7 FORM OF PROPOSAL SCOTT BOULEVARD PAVING IMPROVEMENT PROJECT, PHASE 11 CITY OF IOWA CITY NOTE TO BIDDERS: j PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER.' Name of Bidder Metro Pavers, Inc, Address of Bidder P.O. Box 251 Iowa City, Iowa 52244 I TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The undersigned bidder submits herewith bid security in the amount of $ in accordance with the terms set forth in the "Standard Specifications", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform thework as described in the Contract Documents, including Addenda I , and and do all work at the prices hereinafter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed i upon in writing prior to starting such work, .or if such prices or sums cannot be agreed upon' to perform such work on a force account basis, as provided in the "Standard Specifications". EST IMATEDUNIT EXTENDED ITE14; DESCRIPTION UNITUAQ NTITY_ PRICE AMOUNT 1. Pavement, Standard P.C. Concrete, Class C, 8" sq. yd. 11,550 iY, 2. Sidewalk, P.C. Concrete, 4" sq. ft. 27,288 $ 3. Asphaltic Cement Concrete, �? Type A, 3/8" Mix ton 931 $ •5 4.' Concrete Removal sq. yd. 93 5. Sewer, 2000 D Storm, 12" dia. lin. ft. 1,895 $ <"% % $ -- --- S` 6. Sewer, 2000 D Storm, 15" dia. lin. ft. 1,187 $J ` $Lc� 7. Sewer, 2000 D Storm, 21" dia. lin. ft. 224 $ % J$ c/ 8. Sewer, 2000 D Storm, 42" dia. lin. ft. 167 $_).5 MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH -FULL NAME OF ALL PARTNERS) FIRM: Metro Pavers. Ino President ' Title ' IowauOity, Iowa 22x74 _ Business Address 1 i0?/v j MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES .1 ESTIMATED .YIT EXTE14DED M DESCRIPTION UNI TUAIQ �TITY •.: 10E AMOUNT" 9. Intake, RA -3 each 9 f,. S 'i r'- 10. Intake, RA -5 each 4 b ; ' ' b c V 11. Intake, RA -8 each 14 b i [ ,' b�(- 12. Manhole, Type A, as per plan each 5 $ r+r'1, 13. Manhole, Special, as per plan each 1 14. Excavation, Class 10, Roadway & o ` ' Borrow cu. yd. 15,690 b 15. Clearing & Grubbing % of schedule 517.3 b 16. Seeding, Fertilizing b Mulching acre 4.5 17. Fence, Field, Type 39, Installed stas. 14.4 $ 1 0 18. Gabions each 190 19. Aprons,' Concrete 42" dia. each 20. Rip -Rap, as per plancu. yd. 6 $ / 5' b_ . ••—, 21. Plantings, as per plan lump sum 1 _c b r' �i'1 > b I,.' %'• 22. Aprons, Concrete 15" dia. each 2 $ /,5 C) _ TOTAL BASE BID AMOUNT b �• h �! % r- �, t/ i The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the ' work. The undersigned bidder states that' this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared, by the City.of.Iowa City, the provisions of the latter shall prevail. (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH -FULL NAME OF ALL PARTNERS) FIRM: Metro Pavers. Ino President ' Title ' IowauOity, Iowa 22x74 _ Business Address 1 i0?/v j MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES .1 PERFORMANCE AND PAYMENT BOND 0418-924 KNOW ALL 14EN BY THESE PRESENTS THAT Metro Pavers, Inc., Iowa City, Iowa (lG:rr. inuart thei name and addre.0 or Zeyal title, of the; Contrarrtor) a Principal, hereinafter called the Contractor and Merchants Mutual Bonding Company, Des Moines, Iowa as Surety, hereinafter (Hera invert the Zer/aZ title of the Surety) called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount 08rnree uundrad•ra; ory-Four Thousand Two Hundred Sixty -Six and 4s[ioo__-------- _ Dollars ($ 394,266.4 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated - 19_, entered into a Contract with Owner for... SCOTT BOULEVARD PAVING IMPROVEMENT PROJECT, PHASE II In accordance with plans and specifications prepared by the City of Iowa I City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of an alteration or Y extension of time made by the Owner. •B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES /0?/D --4 1. Completr. the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between ;uch bidder and Owner, and wake available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", es used in this paragraph, shall waan the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 3134 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of five 5 years from the date of acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. MICROFILMED BY .JORM MICROLAB CEDAR RAPIDS -DES MOINES r _ IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall,in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly ` set out herein. SIGNED AND SEALED THIS 11th DAY OF,. `nuqust_______•,•, A.D., 19.81 IN THE PRESENCE OF: PIETRO PAVERS, INC. `\ Principal Wt�{{ s �•� �2�C�� �- = Tit e U ' MFR('NTN AL-P� �•��ure>:YI Witness J 6s'E. Thompso Tit Attorney-in-fact MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES : 1 Ad MERCHAN o MUTUAL BONDIIv,_XOMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents, that the xtF:NOIANTS MUWAL BUNDINr coxu•AsY. a corporation duly organized under the laws of the Stale of l owa, and having its princiryd office in the Chy of Drs Moines, County of Polk. State of Iowa, hath made, conslituted and appointed, and does by these presents make, constitute and appoint C.B. Condon, G.A. LaMair II, Carl J. Grant Jr., James E. Thompson, James E. Norris, F. Melvyn Hrubetz INDIVIDUALLY of Des Moines and Slate or Iowa its true and lawful Attnalcy-nPhacl, \rith full power and authority hereby conferred in its name, place and stead, to sign, crmule. acknu\\ledge :th ndeliver in its Iwllnlr as surety: ANY OR ALL BONDS OR UNDERTAKINGS, PROVIDED THAT NO BOND OR UNDERTAKING EXECUTED UNDER THIS AUTHORITY SHALL EXCEED IN AMOUNT THE SUM OF ONE MILLION DOLLARS ($1,000,000.00) and to bind the MERCHANTS MUTUAL BONDING COMPANY thereby as fully and to tile same extent as if such band or undertaking was signed by the duly authorized officers of the MERCHANTS MUTUAL BONDING COMPANY, and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Powcrof-Atlomcy is made and executed pursuant to and by authority of the following By -Law adopted by the Board of Directors of the MERCHANTS MUTUAL BONDING COMPANY. ARTICLE 2, SECTION 5A. ;'The Chariman of the Board or president or any Vice Presldcol or Secretary shall have power and authority to appoint Attomeys-in•Fuct, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognimilms, contracts of indemnity and other writings obligatory in the nature thereof." In Witness Whereof, MERCHANTS MUTUAL BONDING COMPANY hascuused these presents In Ir: signed by its Vice I'msidents, and its corporate seal to be hereto affixed, this 18th day of May A.D., 19 81 Attest: MERCHANTS MUTUAL 13ONDING COMPANY ply UALB •Z•o ItlJJ es • J� •. �/HES:,:' ay1 • STATE OF IOWA • �� ;Yl,�• COUNTY OF POLK _. On this 18th day of May .19 81 . before file appealed AIJ. Lung and William Warner, to me Personally known, who Ming by rhe duly swum did say that hey are Vice Presidents respectively of the MERCI IANfS MUTUAL BONDING COMPANY, the corporation described in the foregoing instnnnent and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instmmcnt was signed and scaled in behalf of said Corpnition by authority of its Board of Directors. In Testimony Whereof, 1 have hereunto set my hand and affixed by Official Seal, at Bee City of Iks Moines, Iowa the day and year first above written. • G11'LE• •• / � v G6.n i IOWA r.t,,..p : J 0l• ....... .*STATE: OF IOWA 9.30.82 4171A'-COUNTYOFPOLK } ss. .... ••• 1, MU . J. Long, Vice President of the MERCIIAN s MRIAI. BONDING COMPANY, do herclkr •rW'{1 itaDtloy nlpwe and foregoing is a uuc and civet copy of the POWER OI' ATTORNEY, executed by said MIACIIA'ill NCI I. a1?,ANY, `.'; which is still in force and effect. 4pPPOR In Witness Whereof, l have hereunto set my hand and affixed the seal of the Corollary, ret this 11th dayor August IO, 81 /tla 19 (2: Until Revoked �.. ° ��• This power of ntlomey expires ... 11? .0 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES �y{. �t . ' s a' jli,�4t)�a t'� �� t3 p� I� �nl . 1 l � Jg �•Ta's"C' )�}r�} ���..�I�rf7 � '� � �yEt �r ... �y i���i! >?(�^ 7 w 1Vla' t fC.t'rt r Ai +. a ,h '(A1"r, .1 Y`r s {. 1tlx. 1 4..•(;.7gR.,'iltaJ: NRIAC AND ADDRESS Or. AGENCY , ,' '' ' ° • r ; a . "� Ari �;A. ipL+V��j"", ..�3 L _ . , I LaMair=Mulock-Condon CO, COMPANIES AFFORDING COVERAGES 907 Walnut Street COMP' Des Moines, Iowa 50309 LCrrLRnr A Iowa National Mutual Ins. Co. f COMPANT �i NAME AND ADDRESS Of INSURED LE17CR O Metro Pavers, Inc. COMPANY n P.O. Box 251 LETTER y .Iowa City, Iowa 52240 COMPANY LETTER COMPANY LETTER This IS certify that LETTER ithelisletl below have been issued to the insured named above antl are in force al this time. Notwilhstandin an y' of any penlrbcl it n C tloc ions O with respect to which this certifica(a may be issued or may pertain, the insurance allordM by the policies described herein Is termSubjOr to all he terms, eaduslons and conditions of such policies. 6 y requirement, term or cpndition I COMPANY i t L ITERTYPE Or INSURANCE j' I POLICY NUMBERPOLICY Lim iso Lability In Thousan S ) CAI'IIIPIION UAiL CACTI jL II��..G11 1ENERAL LIABILITY CCC 80 145 20G OCcunREhCE AGGREGATE aC,OI APREHCNSIVE FORM 4-25-82 BODILY INJURY s 500 ER,. s 500 Ld PREMISES—OPERATIONS I=$' ['EAPLLOOSUN AND COLLAPSE '*Coverage applies only Peorrnlrpnr.+ACE s200 s 200 atnIDERGROOND HAZARD to Street or Road 'I PBODUCTS/COMPLET11 jF���,' OPCRAuons HAZARD I Construction # 16125313 ER J CONTRACTUAL INSURANCE BORIV INNRY ANO + Ek BROAD:.DAM FORM PROPERTY PROPERIYLIAMAGE S S - .t I Ems, DAMAGE cOMDINro . IIL,��]LLLINDEPCNpCNT CONTRACTORS ' L.,�PERSONAL INJURY s jI'u]�f 1I A. Ek i 500 ,TOMOBILE LIABILITY CCC 80 145 206 t _ BODILY INJURYPERSONAL INJURY LA COMPREHENSIVE FORM 25-82 (EACH PCRSONI s 250 i E OWD noour IN s SOU �r h Txi 9 l IIINCD (EACH ACCIDENT) '• YI+. tl( L](NONgY/N[U I�'x1 P"0PrRTYDArnncE s BODILY INJURYANp OD PROPERT Y pArAAGC S ?�iijCI•' A EXCESS LIABILITY COURTIN ERUAmPmA FORM C� 48 120 946 4-25-82 nom[ruuur+Y AND ❑unuAml+nu FORM PROPERTY DAMAGE x1,000 $1,000 roP.M COMBINED 1 A WORKERS' COMPENSATION r� ITC 30 495 803 4-25-82 nTmoev ti I and r4lY.�:�t; Ar11 4='.+,i'1'rI T4IL� I EMPLOYERS' LIABILITY I.I OTHER ,�P.�+JL'IyR,� d s r I + 1 I 100 uKUACc DINII V�1� w t; DESCRIPTION OF OPERATIONS rtOCATIONSNC111C1C5 Project: Scott Boulevard Paving Improvement Project Phase II SI Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com. pany wiIIXxCk=,X,xtt, mail -10--- days written notice to the below named Certificate holder, ' ' SHf�titsFX6E'J2�sPkiQE,cR�j(s62iNi0(i(>fy�y�jt',(��q�i�r�A>�1�, t5�'iGETk3t'�stye �x�xilexx:�c NAME AND ADDRESS OF CLRT RI CA1 11401 MfP ,^r City Of Iowa City, Iowa DATE ISSUro_August-,2,_1981 y . Iowa City, Iowa 52240 LA MAIR - MULOCIC - CONDON CO.? L e' e}Z� AuulDURru r+r SENIAnvE- ACORD 95(1.79) —_.. J i MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES r\ RESOLUTION NO. 81_213 A RESOLUTION AUTHORIZING THE EXECUTION OF THE URBAN MASS TRANSPORTATION CAPITAL GRANT CONTRACT. WHEREAS, the United States of America by and through the Urban Mass Transportation Administration, Department of Transportation, is offering financial assistance to local public authorities in the form of a capital grant under the Urban Mass Transportation Act of 1964, as amended, to Provide for the undertaking of an urban mass transportation capital improvement project, and WHEREAS, the City Council of the City of Iowa City, deems it in the public interest to accept the United States government's offer and the terms and conditions of said offer as set forth in the contract attached to this Resolution and by this reference made a part hereof. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Manager be authorized to execute and the City Clerk be directed to certify the attached contract. It was moved by Perret and seconded by Erdahl that the resolution as rea be a opte , and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x =Erdahl X Lynch x Neuhauser —� Perret x Roberts —�- Vevera Passed and approved this 11th day of _ August �_, 1981. ATTEST: f ACL , 0 Received & Approved &Y ibe legal Depa►trnenl' i MICROFILMED BY ',JORM MICROLAB CEDAR RAPIDS -DES I40INES I a.► I UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION NOTIFICATION OF GRANT APPROVAL 49 U.S.C. § 1602 (SECTION 3 - CAPITAL ASSISTANCE) AI4ENDATORY AGREEMENT Project No. IA -03-0015 Amendment No. 01 GRANTEE: Iowa City, Iowa PURPOSE OF THIS AMENDMENT: To revise the existing grant contracts t0 include the current standard terms and conditions to increase the project scope to add additional capital impr n:e r „ts. No additional funding is required. ESTIMATED TOTAL PROJECT COST AFTER THIS AMENDMENT: $1,345,680 (One Million, Three Hundred Forty -Five Thousand, Six Hundred Eighty Dollars) ESTIMATED NET PROJECT COST AFTER THIS AMENDMENT: $1,339,790 (One Million Three Hundred Thirty -Nine Thousand; Seven Hundred Ninety. Dollars) MAXIMUM FEDERAL SHARE AFTER THIS A14ENDMENT: $1,071,832 (One Million Seventy -One Thousand, Eight Hundred Thirty -Two Dollars) OBLIGATION DATE OF ORIGINAL AGREEMENT AND DATE(S) OF AMENDMENT(S): March 4, 1976 (Original) July 23, 1931 (This Amendment) SOURCES OF FEDERAL FINANCIAL ASSISTANCE: Code Year Description Total 31.10.00.00 1976 Urban Discretionary $1,071,832 DATE OF SECTION 13(c) CERTIFICATION LETTER FROM THE DEPARTMENT OF LABOR: October 30, 1975 (Original) March 25, 1981 (This Amendment) PROJECT DESCRIPTION AFTER THIS AMENDMENT: a) Purchase 20 35' diesel buses b) Purchase and installation of 16 mobile two-way 'radio units, one base station and antenna c) Purchase and installation of nine registering fareboxes and coin sorter d) Contingencies I DATE �--, •GIONAL ADML6t II4ISTRATOR j MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES N I UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION GRANT 99 U.S.C. § 1602 (SECTION 3) FQ�"Aw THIS GRANT, effective on the date specified in the Notification of Grant Approval is entered into by and between the United States of America ("Government") and the Grantee named in the Notification of Grant Approval. In consideration of the mutual covenants, promises, and representations herein, the parties hereto agree as follows: Sec. 1. Purpose of Grant - The purpose of this Grant is to provide for the undertaking of an urban mass transpor- tation capital improvement project ("Project") with Government financial assistance to the Grantee in the form of a capital grant ("Grant"), under Section 3 of the Urban Mass Transpor- tation Act of 1969, as amended, ("Act"), and to state the terms and conditions upon which such assistance will be provided and the manner in-which:the Project will be undertaken and completed and the Project facilities/equipment used. Sec. 2. The Project - The Grantee agrees to undertake and complete the Project, and to provide for the use of the Project facilities/equipment, substantially as described in its Application, incorporated herein by reference, filed with and approved by the Government, and in accordance with the terms and conditions of this Grant. The "Project Description" on the Notification of Grant Approval describes the Project to be funded under this Grant. Sec. 3. The Grant - In order to assist the Grantee in financing that portion of the total cost of the Project which the Department of Transportation (DOT) has determined cannot reasonably be financed from revenues of the public transportation system in which the Project facilities/ equipment are to be used ("Net Project Cost"), such Net Project Cost being estimated to be that amount stated in the Notification of Grant Approval, the Government will make a Grant in an amount equal to eighty percent (80%) of the Form UMTA F 2000 Rev. 5/20/80 Page 1 121 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES (MOINES -.7 ,1� actual Net Project Cost, as determined by DOT upon completion of the Project, or in the amount designated as Maximum Federal Share in the Notification of Grant Approval, whichever is the lesser. However, if this Grant is an Amendment to a prior Grant and if the Government's share was limited to 66 2/38 under that Grant, then that limit shall continue to apply in calculating the Government's share of the Net Project Cost as approved on the date of the original Grant and the date of any Amendment subject to such 66 2/38 limit. The obligation of the Government to make Federal Grant payments in any fiscal year shall not exeed the amount provided in the Project Budget for the fiscal year in which requisitions therefor are submitted or drawdowns under letter of credit are made. The Grantee agrees that it will provide from sources other than (a) Federal funds (except as may otherwise be authorized by federal statute), (b) receipts from the use of the Project facilities/equipment, or (c) revenues of the public transportation system in which such facilities/equip- ment are used, funds in an amount sufficient, together with the Grant, to assure payment of the actual Project Cost. The Grantee further agrees that no refund or reduction of the amount so provided will be made at any time, unless there is at the same time a refund to the Government of a..proportional amount of the Grant. Sec. 4. Use IMP" Facilities/Equipment - The Grantee agrees to observe the property management standards as set forth in OMB Circular A-102, Attachment N, or OMB Circular A-110, Attachment N, as appropriate, as now or hereafter amended. Exceptions to the requirements of Attachment N must be specifically approved by UMTA. If, during the period, any Project facilities/ equipment are not used in mass transportation -service, whether by planned withdrawal or casualty loss, the Grantee shall immediately notify the Government and shall remit to the Government a proportional amount of the fair market value, if any, of the property, which shall be determined on the basis of the ratio of the Grant made by the Government to the actual cost of the Project. Fair market value shall be deemed to be the value of the property as determined by competent appraisal at the time of such withdrawal from use or misuse, or the net proceeds from public sale, whichever is approved by UMTA. In the event of loss due to casualty or fire, the damages paid by the insurance carrier or payable from the self-insured reserve account shall be considered fair market value. In no event is salvage value to be considered fair market value. Page 2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES The Grantee shall keep satisfactory records with regard to the use of the property and submit to the Government upon request such information as is required in order to assure compliance with this Section and shall immediately notify UMTA in all cases where Project facilities/equipment are used in a manner substantially different from that described in the Project Description. The Grantee shall maintain in amount and form satisfactory to the Government such insurance or self-insurance as will be adequate to protect Project facilities/equipment throughout the period of required use. The cost of such insurance shall not be an item of allowable cost. The Grantee shall also submit to the Govern- ment at the beginning of each calendar year during such period, a certification that the Project facilities/equipment are still being used in accordance with the terms of this Section and that no part of the local contribution to the cost of the Project has been refunded or reduced. Sec. 5. Labor Protection - The Grantee agrees to undertake, carry out, and complete the Project under the terms and conditions determined by the Secretary of Labor to be fair and equitable to protect the interests of employees affected by the Project and meeting the requirements of Section 13(c) of the Act, 49 U.S.C. § 1609(c), and Department of Labor regulations at 29 C.F.R. Part 215. These terms and conditions are identified in the letter of certification to the Government from the Department of Labor on the date set forth in the Notification of Grant Approval, which letter and any documents cited in that letter are incorporated into this Grant by reference. The Grant is subject to the conditions stated in the Department of Labor letter. Sec. 6. Procurement of Rolling Stock and Buses - In accordance with any guidelines issued by UMTA the Grantee shall make third party contract awards for the acquisition of rolling stock, including buses, only after consideration of performance, standardization, and life -cycle costs, in addition to the consideration of initial capital costs. Where necessary, the Secretary will assist the Grantee in making such evaluations. Page 3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 1". 1211 '-1\ 1 - Sec. 7. The Grant - This Grant consists of the Notifi- cation of Grant Approval; this Part I, Form UMTA F 2000, Rev. 5/20/80, entitled Grant; and Part II, Form UMTA F 5E, Rev. 5/20/80, entitled Urban Mass Transportation Agreement, Terms and Conditions. Should the grant award letter include special conditions for this Project, that letter is incorporated herein by reference and made part of this Grant. The approved Project Budget is incorporated herein by reference and made part of this Grant. Amendments to any of these documents shall require a formal amendment to this Grant, except that reallocations of funds among budget items or fiscal years which do not increase the total amount of the Federal grant shall only require prior authorization from UMTA and the issuance of a New Project Budget. Sec. S. Execution of Grant - This Grant may be simul- taneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. When signed by the Government, this Grant should be executed by the Grantee within ninety (90) days after the Obligation Date. The Government may withdraw its obligation hereunder if the Grant is not executed within the above ninety -day period. The effective date of the Grant shall be the Obligation Date. The Grantee does hereby ratify and adopt all statements. representations, warranties, convenants, and materials submitted by it, and does hereby accept the Government's award of financial assistance and agrees to all of the terms and conditions of this Grant. Executed this I 71-k day of (L4. , 19_/ ATTEST:�k-, By; T E AND RGAI ZA�ION TITL AND ORG IZATI I Page 4 1211 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 7 a° — 1"" 0 Certificate of Grantee's Attorney I, nv; E., wv% , acting as Attorney for the Grantee do hetpy cer y that I have examined this Grant and have ascertained that execution of the Grant was authorized on the date of II 1981. A copy of this authorization is attached or hap previously been submitted to UMTA. The execution of this Grant and the proceedings taken by the Grantee are in all respects due and proper and in accordance with applicable State and local law. I further certify that, in my opinion, said Grant constitutes a legal and binding obligation of the Grantee in accordance with the terms thereof and certify that to the best of my knowledge there is no legislation or litigation pending or threatened which might affect the performance of the Project in accordance with the terms of this Grant. Dated this IBbt,., day of A7#NAT SI - 04ti A4M.. i4i J�W4 (21 5}-O TITLE AF O I PION V Page 5 j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES -MOINES fail F . V L,L;J m STATES OF AMERICA DEPAR M IT OF TRANSPORTATICN URBAN MASS TRANSPORTATION A1243 IISTRATION wASHnuTaN, D.C. 20590 ?t Of T45�,T,pn OJTSYES OT UFM MASS TRANSPORTATION AMED01T PART II TEIM AND CCtMITIONS for Projects under Section 3, 5, 6, or 8, of the Urban Mass Transportation Act of j 1964 as amended 49 U.S.C. S 1601 et seq., for Mass Transportation Projects under the Federal -Aid Highway Act of 1973, as emended, 23 U.S.C. 5 103 et seq., or for Section 175 of the Clean Air Act Amendments of 1977, 42 U.S.C. 5 7505. Ajrzi V4rA F SE Pm•. 5/20/80 j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES IaIi .—I Section 101. Definitions Section 102. ...........................................1 Accomplishment of the Project .........................2 (a) General Requirements .............................2 (b) Pursuant to Federal, State and Local law ......... 2 (c) Fuels of the Recipient ...........................2 (d) Submission of Proceedings, Contracts, and Other Documents .......................................3 (e) Changed Conditions Affecting Performance ......... 3 (f) No Government Obligations to Third Parties ....... 3 (g) Land Acquisition Policy Section 103. ..........................3 The Project Section 104. Budget ........ ............................3 Accounting Records ....................................3 (a) Project Accounts .................................3 (b) Funds Received or Made Available for the Project.........................................3 (c) Allowable Costs ..................................4 (d) Documentation of Project Costs ...................4 (e) Checks, Orders and Vouchers......................4 (f) Audit and Inspection Section 105. .............................5 Requisitions and Payments .............................5 (a) Request for Payment by the Recipient.............5 (b) Payment by the Ckvernmuent ........................5 (c) Disallowed Costs .................................6 (d) Letter of Credit.................................6 (e) Interest on Late Payments ........................7 Section 106. Right of Government to Terminate ......................7 Section 107. Project Completion, Settlement and Close -Out 7 Section 108. .......... Contracts of the Recipient ......................:.....7 Section 109. Restrictions, Prohibitions, Controls, and Labor Provisions..........................................8 (a) Equal Employment Opportunity .....................8 (b) Small, Minority and Wuamn's Business Enterprise. .. .............8 .......... . . ....... (c) Title VI - Civil Rights Act of 1964 .............. 10 (d) Compeetitive Bidding ............................. 10 (e) Ethics ........................................... 10 (f) Interest of Members of or Delegates to Congress ........:............................... 11 Section 110. Construction Contracts ................................ 11 (a) Nondiscrimination ................................ 11 (b) Specifications ................................... 14 (c) Notice ........................................... 21 (d) Labor Provisions ................................. 22 (e) Changes in Construction Contracts ................ 29 (f) Contract Security ................................ 29 (g) Insurance During Construction .................... 29 (h) Signs ............................................ 29 (i) Liquidated Damages Provision ..................... 30 (j) Provisions of Construction Contracts...'.......... 30 (k) Actual Work by Contractor ........................ 30 (1) Force Account .................................... 30 (m) Safety Standards ................................. 30 eau MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Section 111. Enviramental, Resource, and Energy Protection and Conservation Requirements ............................30 (a) Ccrpliance with Enviromlental Standards .......... 30 (b) Air Pollution....................................31 (c) Use of Public Lends..............................31 (d) Historic Preservation ............................31 (e) Energy Conservation..............................31 Section 112. Patent Rights.........................................31 Section 113. Rights in Data........................................34 Section 114. Cargo Preference - Use of United States -Flag Vessels..............................................35 Section 115. Buy America...........................................36 Section 116. Charter and School Bus Operations .....................37 (a) Charter Bus- ................................... 37 (b) School Bus.......................................37 Section 117. Cm pliance with Elderly and Handicapped Regulations ......................................... 37 Section 118. Flood Hazards.........................................37 Section 119. Privacy...............................................38 Section 120. Miscellaneous ........... ............................39 (a) Bonus or Camdssion................. :.............39 (b) State and Territorial Law ........................39 (c) Rtpoor+ds..........................................40 (d) Severability.....................................40 ii MICROFILMED BY .JORM MICROLAB CEDAR RAPIDS -DES MOINES ,all `r•laa �a PART II — TERDS AND COMITIUIS Constituting part of the AGRImmDn providing for federal financial assistance under the provisions of the Urban Mass Transportation Act of 1964, as amended, and/or the Federal -Aid Highway Act of 1973. Section 101. Definitions. As used in this Agreement: Application means the signed and dated proposal as may be amended for federal financial assistance for the Project, together with all explanatory, supporting, and supplementary documents heretofore filed with UmII'A by or on behalf of the Recipient, which has been accepted and approved by U -SPA. "Approval, Authorization, Concurrence, Waiver„ means a conscious, written act by an authorized official of the Government granting permission to the Recipient to perform or snit an act pursuant to this Agreement which could not be performed or omitted without such permission. An approval, authorization, cohcurrefoe, or waiver permitting the performance or omission of a specific act shall not constitute permission to perform or omit similar acts unless such broad permission is clearly stated. Oral permission or interpreta- tions shall have no legal force or effect. "External operating Manual!' means the most recent [MA manual of that title, which presents information about the tMA programs, application processing procedures, and guidance for a& nistering approved projects; '!there are also UMYA and DDT directives applicable to the Project. "Government" means the United states of America, or its cognizant Agency, the Department of Transportation (DoT) or its Agency, the Urban Mass Transportation Administration (UMl'A) used hereafter interchangeably. „Mass Transportation" includes public transportation and means transportation by bus, rail or other conveyance, either publicly or privately owned, which provides to the public general or special transportation service (but not including school buses, charter or sightseeing service) to the public on a regular and continuing basis. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES J {— "Project" means the task or met of tasks provided for in the Project budget which the Recipient undertakes to perfarm pursuant to the Agreement with Umm 1. Project Budget" means the most recently dated statement, approved by LMM, of the estimated total cost of the Project, the items to be deducted from such total in order to calculate the estimated net Project cost, the maxim= amount of the federal grant for which the Recipient is currently eligible, the specific items (including contingencies and relocation) for which the total may be spent, the estimated cost of each of such items, and the maximum amount of federal funds which may be disbursed in any fiscal year. "Recipient" means any entity that receives federal financial assistance from U -M for the aoccWlishTent of the Project. The term "Recipient" includes any entity to which federal funds have been passed through for the aco iTplishment of the Project. "Secretary" means Secretary of the Department of Transportation or his duly authorized designee. Section 102. Accomplishnent of the Project. (a) General Requirements. The Recipient shall commence, carry on, and cam eTeproject with all practicable dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions hereof, the Application, and all applicable laws and regulations. (b) Pursuant to Federal, State, and Local law, In performance of its obligations pursuant to this Agreement, the Recipient and its can - tractors shall comply with all applicable provisions of Federal, State, arra local law. All limits or standards set forth in this Agreement to be observed in the performance of the Project are minimum requirements, and shall not affect the application of more restrictive State or local standards for the performance of the Project; provided, however, in its procurement actions pursuant to the Project, the Recipient shall not give any preference to or discriminate against goods and services produced or manufactured in any country, State, or other geographical arra except as provided in Section 115 below. The Recipient agrees further that notwithstanding the requirements in Section 115, no Federal funds shall be used to support procurements utilizing exclusionary or discriminatory specifications, nor shall federal funds be used for the payment of ordinary governmental or nonproject operating expenses. (c) Funds of the Reci ient. The Recipient shall initiate to completion a proceedings necessary to enable the Provide its share of the Project costs at or prior to such funds are needed to meet Project costs. 2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES and prosecute Recipient to the time that i*� (d) Submission of contracts and other documents relating to the Project as the covernmrnt may require. The Recipient shall retain intact, for three years following Project close-out, all Project dxmrnts, financial records, and supporting documents. (e) Chan ed Nrditions Affectirr] Perforfl�ance. The recipient shall immedi- ' - in tyro tions or local law, or of ate y nota y�cnarge any other event, which may significantly affect its ability to perform the Project in accordance with the provisions of this Agreement. (f) No Government Obligations to Third Parties. The Government shall not W sLiect to any obligations or liabilities by contractors of the recipient or their subcontractors or any other person not a Party to this Aaree ant in connection with the nerfonTw= of this Project without its specific oensennt and notwithstanding its concurrence in or approval of the award of any contract or sub- contract or the solicitation thereof• (g) land Acquisition Policy. Any acquisition of lard for use in connection wit feet must conform to the policies and procedures set forth in 49 C.F.R. Part 25 and applicable Circulars. section 103. The ProjectBrdget. A Project Budget shall be prepared and maintained by the Recipien�T7ie recipient shall carry out the Project and shall incur obligations against and make disburser-nts of Project Funds only in conformity with, the latest approved budget for the Project. Section 104. Accounting records. (a) Project A000arts. The recipient shall establish and maintain as a separate set of accounts, or within the framework of an established accounting system, accounts for the Project in the rammer consistent with Office of Management and Budget (OMB) ci=Ll -r A-102, as amended, or A-110, as may be appropriate. (b) Funds Received or Made Available for theProject• In accordance with the provisions o CtH C ar A- 2, as Wn: or A-110, as may be appropriate, the Recipient shall record in the Project Acoount, and deposit in a ban or trust ompany which is a member of the Federal Deposit Insurance Corporation, all Project payments received by it from the Goverum mt. pursuant to this Agreamnt and all other fads provided for, accruing to, or otherwise received on account of the Project, ("Project Funds") . Any balances exceeding the FDIC coverage must be collaterally secured as provided in 12 U.S.C. S 265 and implementing regulation or in applicable ILHM procedures. A separate bank account ray be required when drawdowns are made by letter of credit. 1011 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES (c) Allowable Costs. Enmiditures made by the Recipient shall be reim- bursable as M&Mble costs to the extent they meet all of the re ,;*elwnts set forth below. They must: (1) be made in ooaformance with the Project Description and the Project Budget and all other provisions of this Agreement; (2) be necessary in order to acccrplish the Project; (3) be reasonable in amount for the goods or services purchased; (4) be actual net costs to the Recipient (i.e., the price paid minus any refunds, rebates, or other itans of Value received by the Recipient that have the effect of reducing the cost actually incurred;) (5) be incurred (aryl be for work perfoaned) after the date Of this Agreement, unless specific authorization fran UMrA to the contrary is received; (6) be in conformance with the standards for allowability of costs set forth in Federal Management Circular (FPC) 74-4 and with any guidelines or regulations issued by EMM; in the case of Projects with educational institutions, the standards for allowability of cost set forth in Office of Management and Budget (CMB) Circular A-21 Revised, rather than the standards of FPC 74-4, shall apply; (7) be satisfactorily doclmmted; and (B) be treated uniformly and consistently under accounting principles and procedures approved or prescribed by UWA for the Recipient; and those approved or prescribed by the Recipient for its contractors. (d) Docmmtaticn of Project Costs. All costs charged to the Project, including any approved services contributed by the Recipient or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in detail the nature and propriety of the charges. (e) Checks, Orders, and Vouchers. Any check or order drawn by the Recipient with respect to any item that is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed vouches then on file in the office of the Recipient stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, impoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and'apart fzxn all other such documents. n tail MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES (f) Audit and B=wtion. The Recipient shall peanit, and shell require its contractors to pamit, the Secretary and the CempUollar General of the United States, or any of their duly authorized reapresentatives to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts of the Recipient and its contractors with regard to the Project. Recipients that are state or local governments or Indian tribal govern- ments shall be responsible for meeting the audit requirements of OPS Circular A-102, Attachment P, or any revision or supplement thereto. The Recipient is responsible for auditing third party contracts and agreements. LWA also may require the Recipient to furnish at any time prior to closeout of the Project, audit reports prepared in accordance with generally accepted accounting principles. In the case of Section 5 operating Projects, subsequent to the close of the local fiscal year for which which operating assistance is sought, the Recipient shall furnish a final audit report prepared by a State or local government iJdepe not audit agency or an independent public accountant which shall include as a minicar a Statement of Revenue and Expense, a Statement of Changes in Financial Position, and a Maintenance of Effort Calculation of the mass transportation operator for the assisted local fiscal year. Section 105. Requisitions and Payments. (a) Requests for Payment by the Recipient. The Recipient may make requests or payment o e rederal snare of allowable costs, and ILM will honor such requests in the manner set forth in this section. Payments made to Recipients must amply with 31 C.F.R. Part 205. Recipients shall follow the procedures set forth in 11II'A Circular 9050.1. In order to receive federal assistance payments, the Recipient must: (1) completely execute and submit to UMTA the infoanation required by Standard Foam 270; (2) submit to UMIA an explanation of the purposes for which costs have been insured to date or are reasonably expected to be incurred within the requisition period (not more than 30 days after the date of suhmission) i (3) demonstrate or certify that it has supplied local funds adequate, when combined with the federal payments, to cover all costs to be incurred to the and of the requisition period; (4) have submitted to UM all financial and progress reports required to date under this Agreement; and (5) identify the souroe(s) of financial assistance provided under this Project frau which the payment is to be derived. (b) Paymentthe Government. Upon receipt of the requisition and the acoanpanyug information in satisfactory form, the Government will process the requisition ii the Recipient is complying with its obligations pursuant to the Agreement, has satisfied UMTA of its need for the federal funds requested during the requisition period, and is making adequate progress towards the timely oompletion of the Project. if all of these circumstances are found to exist, 5 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES 1 211 I Ir - the Government will rMiMburse apparent allowable costs incurred (or to be incurred during the regLaisition period) by the Recipient up to the mmaximm amamt of the federal assistance payable through the fiscal year in which the requisition is submitted as stated in the Project Budget. However, reimbursement of any cost pursuant to this section shall not constitute a final determination by the Government of the allowability of such cost and shall not oonstitute a waiver of any violation of the terms of this Agreement committed by the Recipient. The Government will make a final determination as to allowability only after final audit of the Project has been conducted. In the event that ITMPA determines that the Recipient is not currently eligible to receive any or all of the federal funds requested, it shall prrnmtly notify the Recipient stating the reasons for such determination. (d) Disallowed Costs. In determining the amount of the federal assistance, EDUA will exclude a Project costs incurred by the Recipient prior to the date of this Agreement, or prior to the date of the approved budget for the Project, whichever is earlier unless an authorized representative of UICA advises in writing to the contrary, any costs incurred by the Recipient which are not provided for in the latest approved budget for the Project; and any costs attributable to goods or servioes received under a contract or other arrangement which has not been concurred in or approved in writing by [MPA. EKoeptions to the above statement on disallowed costs are oentained in the Octernal Operating Manual or in written guidanoe frau IMPA. (d) letter of Credit. Should a letter of credit be issued to the Recipient, the ollowing terms and conditions in conformance with 31 C.F.R. Part 205, are applicable: (1) the Recipient shall initiate cash drawdowns only when actually needed for Project disbursements. (2) the Recipient shall report its cash disbursements and balances in a timely manner as required by the Government. (3) the Recipient shall provide for effective control and aocountability for all Project funds in accordance with require- ments and proosdures issued by the Government for use of the letter of credit. (4) the Recipient shall impose on its subrecipients all the requirements of Section 105(d) (1) (2) and (3) above as applicable. (5) should the Recipient fail to adhere to the requirements of section 105(d) (1) (2) (3) and (4) above, the Govermlant may revoke the unobligated portion of the latter of credit. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES (6) Section 105(a), (b), and (c) above rennin effective to the extent that they do not conflict with the provisions of section 105(d). (e) Interest on Late Pa ts. Upon notice by UMTA to the Recipient of specs -Ir almmmts Government, the Recipient shall promptly remit any excess payment of mrounts or disallowed costs to UMTA. Interest may be assessed frau the tine of notice and charged for any amounts due to the Government that are not paid as set forth in the Treasury Fiscal Requirements Manual. Section 106. Right of Government to Terminate. Upon written notice to the Recipient, the Government reserves the right to suspend or terminate all or part of the financial assistance provided herein if the Recipient is, or has been, in violation of the terms of this Agreement or if LPM determines that the purposes of the Act would not be adequately served by continuation of federal financial assistance for the Project. Any failure to make progress or other violation of the Agreement which significantly endangers substantial performance of the Project within a reasonable time shall be deemed to be a violation of the terms of this Agreement. Termination of any part of the financial assistance will not invalidate obligations properly incurred by the Recipient and concurred in by UMTA prior to the date of termination, to the extent they are noncancellable. The acceptance of a remittance by the Government of any or all Project Funds previously received by the Recipient or the closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Government may otherwise have arising out of this Agreement. Section 107. Project Crnpletion, Settlement, and Close-out. Upon successful completion of the Project or upon termination by UMTA, the Recipient shall, within 90 days of the completion date of the Project, submit a final Financial Status Report (Standard Form 269), a certification or summary of Project expenses, and third party audit reports, when applicable. Upon receipt of this information, UMTA or an agency designated by UMTA will perform a final audit of the Project to determine the allowability of costs incurred, and will make settlement of the federal grant described in Part I of this Agreement. If UMTA has made payments to the Recipient in excess of the total amount of such federal assistance, the Recipient shall promptly remit to UMTA such excess and interest as nay be required by section 105(e). Project closeeout occurs when UMTA notifies the Recipient and forwards the final grant payment or when an appropriate refund of federal grant funds has been received from the Recipient and adonowledged by UMTA. Close-out shall rat invalidate any continuing obligations imposed on the Recipient by this Agreement or contained in the final notification or acknowledgement from LHM. Section 10B. Contracts of the Recipient. The Recipient shall not execute any lease, pledge, mortgage, lien, or other oontract touching or affecting Project facilities or equipment, nor shall it obligate itself in any other manner, with any third party with respect to the Project, unless such lease, pledge, mortgage, lien, contract, or other obligation is expressly authorized in writing by DOT; nor shall the Recipient, by any act or omission of any kind, impair its continuing control over the use of Project facilities or equip rent during the useful life thereof as determined by DOT. sail MICROFILMED BY JORM MICROLAB CEDAR RAPIL.,•DES MOINES I Section 109. Restrictions, Prohibitions, Controls, and Iebor Provisions. (a) F7qua1 Fhmploymmmemt Opportunity. In connection with the carrying out 0 P oject, the Recipient shall not discriminate against any employee or applicant for employment because of race, color, age, creed, sex, or national origin. The Recipient shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age,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. The Recipient shall insert the foregoing provision (modified only to show the particular contractual relationship) in all of its contracts in connection with the development or operation of the Project, except contracts for standard ccnmrcial supplies or raw materials and construction contracts subject to the provisions of Section 110 (a) of this Agreement, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commerical supplies or raw materials. If, as a condition of assistance, the Recipient has submitted,and the Government has approved, an equal employment opportunity program that the Recipient agrees to carry out, such program is incorporated into this Agreement by reference. Such program shall be treated as a contractual obligation; and failure to carry out the terms of that -dual employment opportunity program shall be treated as a violation LZ this Agreement. Upon notification to the Recipient of its failure to carry out the approved program, the Government will impose such remedies as it may dean appropriate, which remedies may include termination of the Agreement as provided in Section 106 of this Agreement or other measures that may affect the ability of the Recipient to obtain future financial assistance under the Urban Mass Transportation Act of 1964, as amended, or the Flederal Aid Highway Act of 1973, as amended. (b) Minority and Women Is Business Enterprise. The Recipient shall be responsible tor meeting the applicable regulations regarding participation by minority business enterprise (NIDE) in Department of Transportation programs set forth at 49 C.F.R. Part 23, 45 F.R. 21172 et seq., March 31, 1980, or any revision or supplement thereto. Pursuant to the requirements of section 23.43 of those regulations: (1) PoZicy. It is the policy of the Department of Transportation that minority business enterprises, as defined in 49 C.F.R. Part 23, ahaZZ have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federaZ fiends under this agreement. ConaequentZy, the MBE requirements of 49 C.F.R. Part 23 apply to this agreement. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 (2) MBE Obligation. . The Recipient and its contractors agree to ensure that minority business enterprisea as defined in 49 C.F.R. Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this Agreement. In this regard all Recipients and contractors shall take all necessary and reasonable steps in accordance with 49 C.F.R. Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of DOT - assisted contracts. (3) if as a condition of assistance the Recipient has submitted and the Department has approved a minority business enterprise affirmative action program which the Recipient agrees to carry out, this Program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to cavy out its teuas shall be treated as a violation of this financial assistance agreement. Upon notification to the Recipient of its failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 C.F.R. Part 23, Subpart E, which sanctions may. include termination of the Agreement or other measures that may affect the ability of the Recipient to obtain future DOT financial assistance. (4) The Recipient shall advise each subrecipient, contractor, and subcontractor that failure to carry out the requirements set forth in 23.43(a) shall constitute a breach of contract and, after the notification of the Department, may result in te=dnationn of the Agreement or contract by the Recipient or such remedy as the Recipient deems appropriate. (5) Recipients shall take, action concerning lessees as follows: (A) Recipients shall not exclude HM's from participation in business opportunities by entering into bang -tenor, exclusive agreements with non -DBE's for operation of major trrnsmrtation-related activities for the provision of goods and services to the facility or to the public on the facility. (8) Recipients required to suilmit affirmative action programs under section 23.41(a)(2) or (a)(3) that have business opportunities for lessees shall submit to the Department for approval with their programs overall goals for the participation as lessees of firms owned and controlled by minorities and funs owned and oontrollad by waren. These goals shall be for a specified period of time and shall be based on the factors listed in section 23.45(4)(5). Recipients shall review these goals at least annually, and whenever the goals expire. The review shall analyze projected versus actual NIDE participation during the period covered by the review and any changes in factual circumstances affecting the selection MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES yr_ goals to goals. FOlDepartment each rwiew, the Recipient shall Sutmit new overall Partmefor approval. Recip their goals for y lessees shalients that fail to meet writing that they l demonstrate to the Department in made reasonable efforts to meet the goals. i to include (C)Exceptprovided in this section, Recipients are requried are not subject to their affirmative action Programs. Lessees themselves Of section 23.7 to avid discrimination tsof �s Part, except for the obligation against ME's. I (6) The Recipient agrees to include and (2) of Section 109(b) above the clauses in on (1) Recipient and an in all subsequent agreements between the y suhnecipient and in all subsequent DDI assisted contracts between the Recipient or subrecipients and any third party contractor. (c) Title VI Civil Ri hts Act of 1964. The Recipient will oofmpI and I wi assure a ranee this Project with all the r contractors and subcontractors under Civil Rights Act of 1964 reg' S�S 20 po � by e Title VI of the I DOT issued thereunder, 49 C.F.R. Part 21 and the Assurance by of � i Recipient pursuant thereto. (d) C Procurement- The Recipient once— t1�°m=n Pr Procureemnt S s re shall cQmp y with the I Circular A-102 as sots set forth in Attacluent 0 of CM I with an supplementary amended, or A-110, as may be appropriate; and by the Coverrment. by or regulations as may be Promulgated f (e) :hies. The Recipient shall maintain a written code or standards ocaauct which shall govern the performance of its officiers, employees or agents engaged in the award and administration of contracts supported by Federal no employee, officer or agent of she fords. Such acde the Recipient shall de Wall provide that the selection, or in the award or administration of a � act in supported by federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm selected for award: 10 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1. the employes, offioer or agent; 2. any member of his immediate family; 3. his or her partner; or 4. an organization which employs, or is about to employ, any of the above. The code shall also provide that the Recipient's officers, employees or agents shall neither solicit nor accept gratuities, favors or anything !a ;m�ore� Value f= contractors, potential oontractors, or parties The Recipient may set mioimm rules when the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by state or local law or regulations, such standards of conduct shall provide for penalties, sancticns, or other disciplinary actions for violations of such standards by the Recipient's officers, employees, or agents, or by contractors or their agents. (f) Interest of Members of or Delegatesto gesWas. No member of or delegate tort a Con taMtates ll be admitted to any share or part of this agreement or to any benefit arising therefrom. Section 110. Construction Contracts. (a) Nondiscrimination. The Recipient hereby agrees that it will incorporate or cause ucorporated into any contract for construction work, or modification thereof, as defined in the Regulations of the Secretary of labor at 41 C.F.R. Chapter 60, which is paid for in whole or in part with bads obtained from the Federal (ioverromt or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insuranoe, or guarantee, the following equal opportunity clmsse: 11 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40INES r_ Y During the Perf0PWnoe of this contract, the oontraotor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, 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, 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 arprentieeship. The contractor agrees to post in conspicuous places, available to emplojeee and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertise- ^icnts for employees placed by or on behalf of the contractor, statc that all qualified applicants will receive consideration ;or employment without regard to race, color, religion, sex, or national origin. (3) The contractor will sand to each labor union or repre- sentative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall Post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of labor, or pursuant thereto, and will permit access to hie books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the non-discrimination clauses of this Agreement or with any of the said rules, regulations or orders, this Agreement may be 12 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ..7 cancelled, terminated, or suspended in whole or in port and the contractor may be declared ineligible for further Government contracts or federaZZy assisted construction contracts in accordance with procedures authorised in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by ruZee, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions shall be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor purchase order as the administering agency 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 administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its as anploymat Practises %tM it pan` icipates in federally assisted con +-n ticn work: Provided Khat if the Aacipient so participating is a State or local gouerrmmt, the above equal opportrdty clause is not applicable to any agency, instry mtality or subdivisicn of such government which does not participate in work on or raider the Agreement. The Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the eonplianoe of contractors and suboontrectars with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the x pervisim of such ocuplianee, and that it will otherwise assist the aaIrdnistering agency in the disdurya of the agency's primary responsibility for securing OmPlianee. 7ne Recipient further agrees that it will refrain from entering into any contract or cmtract modification subject to Executive order 11246 of septamber 24, 1965, as warded, with any 13 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES contractor dsbersed fzm, or utro has not dsmmstrated eligibility for Government contracts and federally assisted construction contracts pursuant to the Emsccutive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and suboantractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Emecutive Order. In addition, the Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this Agreerent (grant, contract, loan, insurance, guarantee); refrain from extending any further assistance to the Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received fram such Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (b)SS ifi:ations. Recipient hereby agrees that it will incorporate or cause to be incorporated the specifications set forth below in all federal and federally assisted eontruction contracts, or modifi- cations thereof, in excess of $10,000 to be performed in geographical areas designated by the Director, Office of Federal Contract Compliance Programs of the Department of Labor pursuant to the Regulations of the Secretary of Labor at 41 C.F.R. Section 60-4.6 and in construction subcontracts in eueess of $10,000 necessary in whole or in part to the performance of nonconstruction federal contracts and subcontracts covered under E03cUtive Order 11246: STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (Executive Order 11246): 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; C. "Employer identifieation number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Depart- ment Form 941. 14 rami MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES d. a)Wwrity" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispania (aZl persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original people of the Par East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (aZZ persons.having origins in any of the original people of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. h%enever the contractor, or any subcontractor at any tier, subcontract& a portion of the work involving any con- struction trade, it shall physically include in each subcontract in excess of $10,000 the provisions -of three specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. J. If the contractor is participating (pursuant to 11 C.P.R. 60-1.5) in the covered area either individually or through an assooiation, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan in individually required to comply with its obligation under the EEO clause, and to oaks a good faith effort to achieve each goal under the Plan in each trade in which it has employes. The overall good faith perforaance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or suboneontraotor's failure to take good faith efforts to achieve the Plan goals and timetables. is 1211 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the coverd area. The contractor is expected to make substantially uniform progress toward its goal in each craft during the period specified. S. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the rerrulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the aompletion of their training, subject to the availability of employment opportunities. Trainees crust be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which.the contractor's employees are assigned to work. The oontmetor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-sita supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. 16 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I tom.... 1211 b. SetabZish and maintain a current list of minority and fe#nZe recruitment sources, provide written notification to minority and female recruitment source# and to community organisations when the contractor or its unione have employment opportunities available, and maintain a record of the organizations' responses. a. names, addressee and telephone nenumbers of each ain a current �mino le of ityeand femaleoff-the- Street applicant and minority or female referral from a union,,a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with *,reason therefor, along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on -the -site training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programa funded or approved by the Department of Labor. The contractor shall provide notice of th#se programs to the sources compiled under 7 b above. f. Disseminate the oontractor'e EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligation#; by including it in any policy msnual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at Zeast once a year; and by posting the company EEO policy on bulletin boartle accessible to all employees at each location where construction work is performed. 17 ialr MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110INES .7 g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any reeponsi- bility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetinge,pereons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and sub- contractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organisations, to schools with minority and female students and to minority and female recruitment and training organisations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organisations such as the above, describing the openings, screening procedures, and testa to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areae of contractor's workforce. k. VaZidate all tests and other selection require- ments where there is an obligation to do so under 97 C.F.R. Part 60-3. Z. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., ouch opportunities. 18 iali MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES m. Ensure that seniority practices, job olassifi- oations, work assignments and other personn&Z practices, do not have a discriminatory affect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all soZicita- tiona of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor aaabcia- tione and other business associations. p. Conduct a review, supervisors' adherence to contractor's EEO policies gationa. at least annually, of all and performance under the and affirmative action obZi- 8. Contractors are encouraged to participate in voluntary associations which aseist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor -union, contractor - community, or other aimilar group of which the contractor is a member and participant, may be asserted as fulfilling any one of more of its oNigatione under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group hae a positve impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, mikes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities goal for women have been established. is required to provide equal employment take affirmative action for all minorit 19 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES y and a separate single The contractor, however, opportunity and to groups, both mala iaii '"- and female, and all Women, both minority and non -minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilised). 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex,.or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred.from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fuZfulling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 C.F.R. 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number race, sex, status (e.g., mechania,apprentice, trainee, helper, 20 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Iati or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable forms; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon thr application of other laws which establish different etmuiards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g.. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program.) (c) Notice. Recipient hereby agrees that it will ensure that the mace set for.+.h below shall be included in, and shall be a part of, all solicitions for offers and bids on all federal and federally assisted construction contracts or subcontracts in e Df$10'000 to be performed in geographical areas designated by y the he int Office of Federal Contract Calpliance Programs of labor at 41 C.F.R. section 60-4.6: NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive order 11246): 1. The offerors or Bidder's attention is called to the "Equal opportunity Clause" and the "Standard Federal Equal DnpZoyment Opportunity Construction Contract Specifi- cations" set forth herein. 2. The goals and timetables for minority and female participation, expreseed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetable Goals for Goole for female minority participation participation tin for each trade each trade Insert goals for Insert goals for each year. each year. These goats are applicable to all the.. contractor's con- struction work (whether or not it is federal or federally assisted) performed in the covered area. dl MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Ir - The oontraotor's ompUanoe with the Exeoutive Order and the regulations in 41 C.F.R. Part 60-4 shall be based on its imple- mentation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 C.F.R. 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in enoh trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 C.F.R. Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 corking days of award of any construction subcontract in excess $10,000 at any tier for construction work under the contract rasulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract is to be performed giving the State, county and city, if any). (d) Labor Biwisions. Pursuant to ns9lrlaticns get forth at 29 C.F.R- le o rimy provisions shall be ornettvctron cantractg of $2,000 let � pasted ra all out the Project. by the Arcipient in earsyinq (1) M,I*JM m wa es, (i1 All mechanics and laborers emmcplloyed oar" 2 -ng upon the site of the work, will be paid unty and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regu- Zatione issued by the Secretary of Labor under the Cope- land Act (29 C.F.R. Part 3)), the jLll mnounte due at time of payment computed at wage rates not lees than 22 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES I40INES 0611 those contained in the wage determination decision of the S&cretary of Labor applicable to the project, regardless of any contractual relationship Which may be alleged to exist between the contractor and such laborers and mechanics; and the wage determination decision shall be posted by the contractor at the site Of the work in a prominent place Where it can be easily Been by the workers. For the purpose of this clause, contributions made or costs reasonably antici- pated under section I(c)(2) of the Davie-Baoon Act on behalf of laborers or mechanics are considered Wages paid to such laborers or mechanics, subject to the provisions of 29 C.F.R. 5.5 (a)(Wiv). Also for the Purpose of this clause, regular contributions rade or costs incurred for more than a Weekly period under plana, funds, or programs,. but covering the particular Weekly - period, are deemed to be constructively made or incurred during such Weekly period. (ii) The contracting officer shall require that any class of laborers or mechanics, including apprentices and trainees, Which is not listed in the Wage determination and Which is to be employed under the contract, shall be classified or reclassified conformably to the wage deter- mination, and a report of the action taken shall be sent by DOT to the Secretary of Labor. In the event the interested Parties cannot agree on the proper classification or reclaseifi- cation of a particular class of laborers and mechanics, including apprentices and trainees, to be used, the question accompanied by the recommsrldation of the contracting officer, shall be referred to the Secretary of Labor for final determination. (iii) The contracting officer shall require, Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit Which is not expressed as an hourly Wage rats and the contractor is obligated to pay a each equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a each equivalent of the fringe benefit, the question, accompanied by the reconmendation of the contracting officer, shall be referred to the Secretary of Labor for determination. 23 14211 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES (iv) If the contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the mount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract: Provided, however, the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. DOT may withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices and trainees, employed by the contractor or any subcontractor on the work the full amount of rages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice or trainee, employed or working on the site of the work, all or part of the wages required by the contract, DDT may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payroll and Basic Records. (i) Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name and address of each such employee, his correct classification, nates of pay (including rates of contributions or costs anticipated of the types described in section 1(b)(2) of the Davis-Baoon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 C.F.R. 5.5 (a)(]) (vi) that the wages of any laborers or mechanics include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section ](b) (2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, and that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. 24 iall, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES (ii) The sontraotor wiZZ submit weekly a copy of aZZ payrolls to the Recipient for transmittal to DOT. The copy ahaZZ be accompanied by a statement signed by the employer or hie agent indicating that the payrolls are correct and complete, that the targe rates contained therein are not Zees than those determined by the Secretary of Labor and that the classifications eat forth for each laborer or mechanic conform to the work to be performed. A submission of the "weakly Statement of Compliance" which is required under this contract and the Copeland regulations of the Secretary of Labor (29 C.F.R., Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor larder 29 C.F.R. 5.5 (a)(Wiv) ahaZZ satisfy this requirement. The prime contractor shall be responsible for the submission of copies of payrolls of all oubcontractora. The contractor will make the records required under the labor standards clauses of the contract available for inspection by authorized representatives of DOT and the Department of Labor, and will permit such representatives to interview employees during working hours on the job. Contractors employing apprentices or trainees under approved programs shall include a notation on the first weekly certified payrolls submitted to the contracting agencies that their employ- ment in pursuant to an approved program and shall identify the program. (9) Apprentices and Trainees. (A)A�prenticcee. Apprentices will be permitted to work at leas than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Depart- ment of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognised by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at 25 iali MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 3"' an apprentice wage rate, who is not a trainee as defined in subdivision (o of this subparagraph or is not registered or otherwise emplloyed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish to the contracting officer or a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates) for the area of construction prior to using any apprentices on the contract work. The wage rate paid apprentices shall not be leas than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. (B) Trainees. Except as provided in 29 C.F.R. 5.15, trainees will not be permitted to work at Zeas than the predetermined rate for the work performed unless they are employed pursuant to or individually registered in a program which has received prior. approval, evidenced by formal certification, by the U.S. Department of labor, Employment and Training Administration, Bureau of Apprenticeship and Training. The ratio of trainees to journeymen shall not be greater than that permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to Arnish the contracting officer or a representative of the Wage -Hour Division of the U.S. Department of labor written evidence of the certification of his program, the registration of the trainees, and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the contractor will no longer be permitted to utilise trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (C) Equal Emplogment 0,,ortunitu The utilisation of apprentieee, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 C.F.R. Part 30. 26 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES pan F- (5) Complianos with Copeland Reaulatione (29 C.F.R. Part 3). The contractor shall oomply with.ths„CopeZand'Regulations (29 C.F.R. Part 3) of the Secretary of Labor which are herein incorporated by reference. (6) Contract Termination, Debarment. A breach of clauses (1) through (5) may be grounds for termination of the contract, and for debarment as provided in 29 C.F.R. 5.6. (7) Overtime Requircments. No contractor or subcontractor contracting for any part of th&v contract work which may require or involve the employ- ment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in ouch workweek unless such laborer or mechanic receives compensation at'a rate not less than one and ons -half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, as the case may be. (6) Violation' Liability for Unpaid Wages• Liquidated Damages. in the event of any violation of the clause set forth in subparagraph (7), the contractor and any subcontractor responsible therefor shall be liable to any affected employee for his upaid wages. In addition, such contractor and sub- contractor shall be Ziable to the United States (in the case of work dons under contract for the Dietrict of Columbia or a territory, to such District or to such territory), for Ziquidated damages. Sean liquidated damages shall be computed with respect to each individual laborer or mechanic smmpZoyee in violation of the clause set forth in subparagraph (7), in the sum of $10 for each calendar day on which such employee is required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in eubparagraph (7). (9) NithhoZding for Liquidated Damaoss- DOT may withhold or cause to be withheld, fram any mcneye payable on account of work performed by the oontractor or subcontractor, such sone as may administratively be determined 27 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1A11 i 28 fail j MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES to be neoeasary to satisfy any liabilities of such contractor or subcontractor for liquidated damages as providod in the clause not forth in subparagraph (8). (10) Final Labor Summary. The contractor and each subcontractor shall furnish to the Recipient, upon the completion of the contract, a aumnary of all employment, indicating, for the completed Project, the total hours worked and the total amount earned. (11) Final Certificate. Upon completion of the contract, the contractor shall submit to the Recipient with the voucher for final payment for any work performed under the contract a certificate concerning wages and eZassifieatinrR for laborers and mechanics, including apprert4ces rail trainees employed on the Project, in the following fo Yi: The undarr_'aned, contractor on f (Contract No. 1 hereby certifies that all laborers, mechanics, apprentices an.1 trainees employed by him or by a subcontractor performing work under the contract on the Project have been pard wages j at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions appZicabls to the wage rate. ,raid. + I Signature and title__ j (12) Notice to the Recipient of Labor Disputes Whenever the contractor has knowledge that any aotual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the contractor shall immediately give notice thereof, including all relevant in- formation with respect thereto, to the Recipient. (13) Disputes Clause. (i) All disputes concerning the payment of prevailing I wage rates or classification shall be promptly reported to 28 fail j MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES the Recipient for its referral to DOT for decision or, at the option of DOT, DOT referral to the Secretary of Labor. The decision of DOT or the Secretary of Labor as the ease may be, ehalZ be final. (ii) All questions relating to the application or interpretation of the Copeland Act, 40 U.S.C. S 276c, the Contract (fork yours Standards Act, 40 U.S.C. SS 327-333, the Davie -Bacon Act, 40 U.S.C. $ 276a, or Section 13 of the Urban Mass Transportation Act, 49 U.S.C. S '1609, shaZZ be sent to UMTA for referral to the Secretary of labor for ruling or interpretation, and such ruling or interpretation shall be final. (14) Convict Labor. In connection with the performance of work under this contract the contractor agrees not to employ any person* undergoing sentence of imprisonment at hard labor. This does not inolude convicts who are on parole or probation. (15) Insertion in Subcontracts. The contractor ehaZZ insert in all construction subcontracts the clauses set forth in subsections (1) through (1S) of this section so that all of the provisions of this section will be inserted in all construction subcontracts of any tier, and ouch other clauses as the Covernment may by appropriate instructions require. (e)C�han ste�ein construction Contracts. Any changes in a construction oantrast shall be sumuttea to D= for prior approval unless the gross mount of the changes is $100,000 or less, the contract was originally awarded on a arlpetitive basis, and the change does not change the scope of work or axosed the contract period. Construction contracts shall include a provision speeifiying that the above requirmrent will be met. (f) Contract Security. Rhys Recipient shall follow the requirarents o� = Circluar A-102, as wended, or A-110, as may be appropriate, and MM guidelines with regard to bill guarantees and banding requiranents. (g) Insurance Ourin Contruction. Rhe Recipient shall follow the uLsuranoe relents normily required by their State and local governments. (h) Signs. The Recipient shall cause to be erected at the site of construction, and maintained during construction, signs 29 i au MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES satisfactory to DOT identifying the Project and indicating that the Government is participating in the developrent of the Project. (i.) Liquidated Damages Provision. The Recipient shall include in all contracts or construction, a cause satisfactory to DOT providing for liquidated damages, if (1) DOT may reasonably expect to suffer camages (increased costs on the grant project involved) from the late completion of the construction and (2) the extent or amount of such damages would be difficult or iossible to assess. The assessment for damages shall be at a specified rate per day for each day oil overrun in contract time deducted from payments otherwise due the contractor. This rate, which must be satisfactory to DOT, mast !.e specified in the contract. (j) Provisions of construction Contract. The terms and conditions of each sone tltrve Y constrvctrat contract are subject to prior approval by DOT if the estimated cost will exceed $25,000, unless and to the extent that such prior approval is waived in writing by DOT. in addition to the requirements of this Section 110, each construction oontract shall contain, among others, provisions required by 'subsections (e), and (f) of Section 109 hereof. (k) Actual Work by Contractor. The Recipient shall require that a construction contractar perform, o:, the site and with his own staff, work equivalent to at least 10 percent of the total amount of construction wok covered by his contract. (1) Force Account. If costs of construction performed by employees of the Recrpi—'—'ent are estimated to exceed $25,000, prior approval of DCT must be obtained or else such costs may not be included as eligible Project Costs. (m) Safe Standards. Pursuant to Section 107 of the Contract Work Hours ety Standards Act and Department of Labor Regulations at 29 C.F.R. S 1926, no laborer of mechanic working on a construction contract shall be required to work in surroundings or under work- ing conditions which are unsanitary, hazardous, or dangerous to his or her health and safety as determined under construction and health standards promulgated by the Secretary of Labor. Section 111. Environmental, Resource, and Enercv Protection and Cansmwvatl (a) Colmpliance with Environmental Standards. The Recipient shall ca —ne yywwntTi tU —provisions of_i i:'i—i Air Act, as amended (42 U.S.C. S 1857 et seg.); the Federal Water Pollution Control Act, as amended (33 U.S.C. S 1251 et seg.); and implementing regulations, in the facilities which are involved in the Project for which federal assistance is given. The Recipient shall ensure that the facilities under ownership, lease or supervision, whether directly or oder contract, that stall be utilized in the accanplishImt of the Project are not listed on the EPA's List of Violating Facilities. Contracts, subcontracts, and subgrants of amounts in exoess of $100,000 stall contain a provision which requires compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order No. 11738, and E7nvirome ntal Protection Agency (EPA) regulations (40 C.F.R. Part 15). The Recipient and any third -party contractor thereof shall be responsible for reporting any violations to U1TA and to 30 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES the EPA Assistant Administrator for Enfotomnent. In addition, the Recipient ahall notify MCA of the reoeipt of any o runication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the Project is under consideration for listing in EPA. (b) Air Pollution. No facilities or equipment shall be acquired, constructed, or inprory as a part of the Project unless the Recipient obtains satis- factory assurances that they are (or will be) designed and equipped to limit air pollution as provided in the External Operating Manual and in accordance with all other applicable standards. (c) Use of Public Lams. No publicly owned lard from a park, recreation area, or wn i e waterfowl refuge of national, State, or local significance as determined by the Federal, state or local officials having jurisdiction thereof, or any lard from an historic site of national, State, or local significance as so determined by such officials may be used for the Project without the prior ooncurrenoe of DOR'. (d) Historic Preservation. The Recipient shall assist UWA in its ccuplianrce with sectrorrr o National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), Executive Order No. 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) oonsulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying UMTA of the existence of any such properties, and by (b) comlying with all requirements established by UMPA to avoid or mitigate adverse effects upon such properties. (e)Energy Conservation. The Recipient and its third party Contractors shall recognize mandatory standards and policies relating to energy efficiency Mhich are Contained in the State esrergy conservation plan issued in conpliance with the F7rergy Policy and Conservation Act (P.L. 94-163). Section 112. Patent Rights. (a) Whenever any invention, improvement, or discovery (whether or not patentable) is oenoeived or for the first titre actually reduced to practice, by the Recipient or its erpicyees, in the course of, in connection with, or under the terms of this Agreement, the Recipient shall imiTediately give the Secretary of DOT, through UMCA, or his authorized representative written notice thereof; and the Secretary shall have the sole and exclusive power to det amine whether or not and where a patent application shall be filed, and to determine the disposition of all rights in such invention, inTAMve- mart, or discovery, including title to and rights under any patent appli- cation or patent that may issue thereon. The determination of the Secretary on all these matters shall be accepted as final., and the Recipient agrees that it will, and warrants that all of its arployees wdro may be the invertors will, execute all docramnts and do all things necessary or proper to the effectuation of such determination. 31 gall MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES (b) Except as otherwise authorized in writing by the Secretary or his authorized representative, the Recipient shall obtain patent agreejmnts to effectuate the provisions of this clause from all parsons who perform any part of the work under this Agreement, except such clerical and manual labor parsonnel as will have no access to technical data. (c) Except as otherwise authorized in writing by the Secretary or his authorized representative, the Recipient will insert in each third -party contract having design, test, experimental, develop- mental, or research work as one of its purposes, provisions making this clause applicable to the third -party contractor and its employees. (d) (1) Ube Recipient and the third -party contractor, each, may reserve a revocable, nonexclusive, royalty -free license in each patent application filed in any country on each invention subject to this clause and resulting patent in which the Government acquires title. The license shall extend to the third -party contractor's domestic subsidiaries and affiliates, if any, within the corporate structure of which the third -party contractor is a part and shall include the right to grant sublicenses of the same scope to the extent the third -party contractor was legally obligated to do so at the time the contract was awarded. The license shall be transferable only with approval of UMrA except when transfered to the suocessor of that part of the third -party contractor's business to which the invention pertains. (2) The third -party contractor's nonexclusive domestic license retained pursuant to paragraph (d)(1) of this clause may be revoked or modified by EMM to the extent necessary to achieve expeditious practical application of the Subject Invention under 41 C.F.R. 101-4.103-3 pursuant to an application for exclusive license submitted in accordance with 41 C.F.R. 101-4.104-3. This license shall not be revoked in that field of use and/or the geographical areas in which the third -party contractor has brought the invention to the point of practical application and continues to make the benefits of the invention reasonably accessible to the public. The third - party cmtractor's nonexclusive license in any foreign country reserved pursuant to paragraph (d)(1) of this clause may be revoked or modified at the discretion of UkM to the extent the third -party contractor or his domestic subsidiaries or affiliates have failed to achieve the practical application of the invention in that foreign country. (3) Before modification or revocation of the license, pursuant to paragraph (d)(2) of this clause, LWA shall furnish the third -party contractor a written notice of its intention to modify or revoke the 32 Tail MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40INES r- license, anti the t lLrd-party oontractor shall to &Ilm+ed 30 days (or such i.)nger period as my be auttrorized by U%LrA for good cause shown in writing by the third-p'uty contractor) after the notice to show cause why the license should not be modified or revoksd. The ffilyd-Pa-rty oontractor shall have the right to appeal, in accordance with Procedures prescribed by UMM,any decision ooncerning the modification or revocation of his license. (e) In the event no inventions, tnprcvements,or discoveries (whether ur not patentable) are concoived, or for the first t::r. actually reduced to practice by the Recipient, its er.Q�loyees, its third - party contractors, or their a plryees, in the course of, in connection with, or under the tarms of this Agreement, the Recipient shall so certify to the Secretary or his authorized representative, no later than the date on which the final report of work done, is due. (f) if the Recipient or the third -party contractor is permitted to fI patent applications pursuant to this Agrea mnr. the following statement shall be included within the first pauagraph of the specification of any such patent application or patent: T'he invention described herein was made in the course ot, or under, a Project with the Department of Trans- portxtion. (g) in the event the Recipient or the third -party oontractor is permitted to acquire principal rights pursuant to this clause and fails to take effective steps within 3 years after issuance of a patent on any patent applications ppxnitted to be filed pursuant to this clause to bring the clained invention to the point of practical application, the Secretary or his authorized representative may revoke such rights or require the assigrvent of such rights to the Crr✓ernment. (h) the SecrAtary or his authorized representative _hall, before the expiration of three (3) years after final payment under this grant, have the right to examine any books, rocords, docments, and other supporting data of the Recipient which the Secretary or his authorized representative shall reasonably dean directly pertinent to the discovery or identification of inventions falling within the criteria set eut'in paragraph (a), or to ea pliance by the Pecipient with the requiranents of this clause. The S?=etary or his authorized representative shall, during the period specified above, have the further raghL to require the Recipient to examine arty books, records. domrmts, and other supporting data of the third-psr'y oontractor which the Re-tipient shall reasonably deem directly pertinent to the discovery or 33 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES iali ieentifieation of inventions falling within the eritaria set out in paragraph (a) or to compliance by the third -party oontractor with the requirements of the patent rights clause of the third -party contract. Section 113. Rights in Data. (a) The term "subject data" as used herein means recorded infonmtion, whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The tear includes graphic or pictorial delineations in media such as drawings or photographs; text in specifications or related performance or design -type docurents; machine foams such as punched cards, magnetic tape, or computer no. ry printouts; and information retained in caVater memory. MoRples include, but are not limited to, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The tear does cot include financial reports, cost analyses, and similar information incidental to contract administration. (b) All "subject data" first produced in the performance of this Agree- ment shall be the sole property of the Gove nment. The Aacipient agrees not to assert any rights at common law or equity and not to establish any claim to statutory oopyright in such data. Except for its awn internal use, the Recipient shall not publish or reproduce such data in whole or in part, or in any manner or form, I m:. authorize others to do so, without the written consent of the Government until such time as the Goverrment may have released such data to the public; this restriction, however, does not apply to Agreements with Academic institutions. (c) The Recipient agrees to grant and does hereby grant to the Govern- ment and to its officers, agents, and employees acting within the snipe of their official duties, a royalty -free, nonexalusive, and irrevocable license throughout the world (1) to publish, translate, reproduce, deliver, perform, use, and dispose of, in any manner, any and all data not first produced or composed in the performance of this Agreement but which is incorporated in the work furnished under this Agreement; and (2) to authorize others so to do. (d) The Recipient shall indemnify and save and hold harmless the Govern- ment, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Recipient of proprietary rights, copyrights, or rights of 34 Bali MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES privacy, arising out of the publication, translation, reproduction, delivery, parfonmanoe, use, or disposition of any data famished under thio Agreement. (e) Nothing contained in this clause shall imply A license to the Government under any patent or be construed as affecting the soope of any license or other right otherwise granted to the Government under any patent. (f) In the event that the Project, which is the subject of this Agreement, is rocompleted, t coleted, for any reason whatsover, all data generated under that Project shall bsoome subject data as defined in the Rights in Data clause in this Agreement and shall be delivered as the Cknermmnt may direct. 72ds clause shall be included in all third -party contracts under the Project. (g) paragraphs (c) and (d) above are not applicable to material the furnished to the Recipient by the Government and incorporat ork furnished under the oontractn provided that such incorporated material is identified by the Recipient at the time of delivery of such work. Section 114. Cargo preference - Use of United States -Flag Vessels. (a) 46 U.S.C. S 1241 Provides in pertinent part as follows: (b) (1) Ddienever the United States shall Procare, contract for, or oth8rwi8e obtain for its own account, or shall furnish to or for the a000unt of any foreign nation without provision for reimbursement, any equipment, materials, or commodities, within or without the United States, or shall advance funds or credits or guarantee the convertibility of foreign currencies in =Mctum with the furnishing of such equipment, materials, or oammoditiss, the appropriate agency or agencies shall take such steps as may be necessary and practicable to assure that at least 50 per oentam of the gross tauage of such equipmentmaterials, or oammodities (computed separately for dry bulk carriers, dry cargo liners, and tan)ers), which may be transported on privately owned United States - flag c=m=iel vessels, to the extent such vessels are available at fair and reasonable rates for United States -flag oommercial vessels, in such manner as will insure a fair and reasonable Partici- pation of United States -flag oamNercial vessels in such cargoes by geographic arses: ... . (2) Every department or agency having responsibility under this subsection stall adidnister its program with respect to this subsection under regulations issued by the SscsetarY of C®roroe ... . 35 Ia11 MICROFILMED DY JORM MICROLAB CEDAR RAPIDS -DES MOINES s— (b) Pursuant to regulations published by the Secretary of CC meroe at 46 C.F.R. Part 381, the Recipient agrees to insert the follwirg clauses in all contracts let by the Recipient under which equipment, materials cr camcdities may be transported by ocean vessel in carrying out the Project: The contractor agrees -- (l) To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, materials, or commodities Pursuant to this section, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. (2) To furnish within 30 days following the date of loading for shipments originating within the United States, or within 30 working days following the date of loading for shipment originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in paragraph (l) above to the Recipient (through the prime contractor in the case of subcontractor bilZe-of-lading) and to the Division of National Cargo, Office of Market Develop- ment, Maritime Administration, Washington, D.C. 20230, marked with appropriate identification of the Project. (3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. section 115. Bury America - Pursuant to Section 401 of the Surface Transportation Assistance Act of 1978 P.L. 95-599, fbv. 6, 1978, and regulations published thereunder, rhe Recipient agrees that if the total cost of this Project or my amen ant thereto exceeds $500,000,and if funds therefor are obligated by the Government after Novanter 6, 1978, the Recipient shall require with respect to any third party contract therfudar that e=eeds $500,000 that only such uamenufectured articles, materials, and supplies as have been mined or produced in the [kited States, and only such manufactured articles, materials, and supplies as have been manufactured in the E.tnited States substantially all frau articles, materials, and supplies mined, pavduoed, or menufaciured, as the case may be, in the United States, will be used in such Project, unless a waives of these piovisions is granted. 36 MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES 1401NES )AII .—I -.1 Upon written request to the Secretary, the Recipient may request awaiver of the above provisions. Such waiver may be granted if the Secretary determines: (1) their application would be inconsistent with the public interest; (2) in the case of aoquisition of rolling stock, their appli- cation would result in uraW sonable cost (after granting appropriate price adjustments to domestic products based on that portion of Project cost likely to be returned to the United States and to the States in the form of tax revenues); (3) supplies of the class or kind to be used in the manufacture of articles, materials, supplies are not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (4) that inclusion of domestic material will increase the cost of the overall Project contract by more than 10 per centum. Section 116. Charter and School Bus Operations. (a) Charter Bus. The Recipient, or any operator of mass transportation, acting its behalf, smell not engage in charter bus operations outside the urban arae within which it provides regularly scheduled mass transportation service, except as provided under Section 3(f) of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. S 1602(f), and regulations published thereunder. (b) School Bus. The Recipient, or any operator of mass transportation actingone its behalf, shall not engage in school bus operations, exclusively for the transporation of students or school personnel, in carpetition with private school bus operators, except as provided under Section 3(g) of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. S 1602(4) and regulations published thereunder. Section 117. Cmplianoe with Elderly and HandicappedRe4ulations' The Recipient shall insure that all fixed facility construction or alteration and all new equipment included in the Project oonply with applicable regulations regarding Transportation for Elderly and Handi- capped Persons, set forth at 49 C.F.R. Part 27. Section 118. Flood Hazards. The Recipient shell oalply with the flood insurance Purcchhaso� e- ments with respect to construction aoquis ition Section 102(a) of the Flood Disaster protection Act of 1973, 42 U.S.C. S 4012(a). 37 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Section 119. Privacy. Should the Recipient, its third party contractors administer any Nysten of records on behalf of the the following teams and conditions are applicable. (a) Zhe Recipient Mjrses: or its anploy"s Federal Government, (1) to cc"Ply with the Privacy Act of 1974, 5 U.S.C. 5 552a (the Act) and the rules and regulations issued pursuant to the Act %d&nn performance under the contract involves the design, development, or operation of any system of records on individuals to be operated by the Recipient, its oontractors or employees to accomplish a Goverment function; (2) to notify the Government when the Recipient anticipates Operating a system of records on behalf of the Government in order to aecumplish the requirements of this Agreement, if such system eontaine infoanation about individuals which will be retrieved by the individual's name or other identifier assigned to the individual. A system of records subject to the Act may not be employed in the perfoamannce of this Agreement until the n3ces6ary approval and publication requirements applicable to the system have been carried out. Rhe Recipient agrees to correct, maintain, disseminate, and use such records in aacordannpe with the requirements of the Act, and to comply with all applicable requirements of the Act; (3) to include the Privacy Act Notification contained in this Agreement in every third darty contract solicitation andwork under Party contract uimen the performance of proposed third party contract ray involve the design, development, or operation of a System of records on individuals that is to be operated Mier the oontract to accomplish a Gmmrmment function; and (4) to include this clause, including this paragraph, in all third party contracts under which work for this Agree mnt is Performed or which is awarded pursuant to this Agreement or which may involve the design, development, or operation of such a system of records m behalf of the Goverment. (b)For purposes of the Privacy Act, when the Agreement involves the operation of a system of records on individuals to accomplish a Government function, the Recipient, third party oentractor and any of their employees is considered to be an enployee of the Government with respect to the Government function and the rmpiremnts of the Act, including the 38 Ian MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES civil and criminal penalties for violation of the Act, are applicable except that the criminal penalties shall not apply with regard to oditracts effective prior to September 27, 1975. In addition, failure to damply with the provisions of the Act or of this clause will mske this Agreement subject to tarmi.- nation. (c) The terms used in this clause have the following meanings: (1) "Operation of a system of records" means performance of any of the activities associated with maintaining the system of records on behalf of the Government including the collection, use and dissemination of records. (2) "Accord" means any item, collection, or grouping of information about an individual that is maintained by the Recipient on behalf of the Government, including, but not limited to, his education, financial transactions, medical history, and criminal or employment, history and that oontains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print, or a photograph. (3) "Systen of records" on individuals means a group of any records under the control of the Racipient an behalf of the Government from which information is retrieved by the name of the individual or by same identifying comber, symbol, or other identifying particular assigned to the individual. Section 120. Miscellaneous. (a) Bonus or Commission. The Recipient warrants that it has not paid, and also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financial assistance hereunder. (b) State or Territorial law. Anything in the Agreement to the contrary , nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or territorial law, Provided, That if any of the provisions of the Agreament violate any applicable State or territorial law, or if compliance with the provisions of the Agreement would require the Recipient to.violate any applicable State or territorial law, the Recipient will at once notify DOT in writing in order that appropriate changes and modifications may be meds by DOT and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. 39 Id RI MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES _7 I F* (c) Records. So Recipient, and aay east tsampwtation operator Mrii rh it applies will, far each laml fis al ym u ding an or after July 1, 1976, omfom to the npwtAM yttm and the unifa= yetes of am=" and seomdt to the ambtnt required by section 15 of the thban Nut Tmu pmticm Aft of 1964, as arumW, 69 U.S.C. i 1611, affective gm each 110=1 fiscal year seeding on or after July 1, 1976, and u m (d) Severabili . If any pa'ovisidn of this Mirteunt is hold irnalid, the TwWnw%F of this Agmwmt shall not be affwW thereby if such rumieder weld thin continua to cmd= to the ie:ar and ruPimmts of applicable law. 10 i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES r Johnson Cc"'nty Council of Governrrits 410E VvbshingtcnSt. bwo City, bin 52210 r�0100 Date: August 6, 1981 To: City Manager and City Council From:)P1977 John Lundell, Transportation Planner Re: UMTA Section 3 Grant Amendment Earlier this year the City was notified by UMTA that approximately $8,000 in federal funds remain from our 1977 capital grant. On March 10, 1981, the Iowa City Council authorized amending the City's 1977 grant to allow for the purchase of additional equipment. We anticipated purchasing four mobile radios on behalf of Coralville Transit and University of Iowa CAMBUS lacemet coin sorter for IoCit Transit.andHowever, the e thCityrboxrec recand ently had ann nopportunity to pu chase three used fareboxes at a very attractive price and therefore no longer has the need for a new one. After discussions with the Transit Managers and UMTA officials it was decided it would be best to forego the purchase of the farebox rather than to amend the amendment" in order to use the funds to purchase some other item. The federal share of the farebox was budgeted at $1,840. The .attached resolution authorizes the City Manager to sign the grant contract and will allow for the acquisition of this equipment. cc: Don Schmeiser bj2/13 ( MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES i 3TM F WOR JCCOG memo FrOOO a- DATE:/j��p� I J �Gtlar TO: p/�I / ems /_ FROM: MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOIRES L"'. �f a...c `n (I PA, L", RESOLUTION NO. 81-214 RESOLUTION AUTHORIZING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT/METRO ENTITLEMENT APPLICATION IN THE AMOUNT OF $776,000 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. WHEREAS, the City of Iowa City, Iowa is an eligible unit of general local government authorized to file an application under the Housing and Community Development Act of 1974, as amended, and, WHEREAS, the City of Iowa City, Iowa, has been declared a Standard Metropolitan Statistical Area eligible for Metro Entitlement funding of $776,000; and WHEREAS, the City of Iowa City, Iowa, has provided the residents of the community with opportunities to participate in the application's development; and WHEREAS, the City Council of Iowa City, Iowa, believes that the public interest will be served by filing said application with the United States government. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager of Iowa City be and is hereby directed to file with the United States Department of Housing and Urban Development an application for the Community Development Block Grant/Metro Entitlement Program under the Housing and Community Development Act of 1974, as amended; and, BE IT FURTHER RESOLVED that the City Manager is authorized and directed to provide the necessary understandings and assurances required by the Department of Housing and Urban Development in connection with said application, specifically assurances contained in HUD form 7088; and, BE IT FURTHER RESOLVED that the City Manager is designated as the chief executive officer and as the representative of the applicant to act in connection with the application and to provide such additional information as may be required. It was moved by Erdahl and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this llthday of August 1981. VMAYOR ATTEST: Received 6 Approved O1TY 71io Legal Department B 2 Ve MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 140INES RESOLUTION NO. 81-215 RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST AGREEMENT BETWEEN CITY AND OWNERS TO RELEASE AND REDESCRIBE STORM SEWER EASEMENT, LOT 13, DEAN OAKES FIRST ADDITION TO CITY OF IOWA CITY, IOWA WHEREAS, Lot 13, Dean Oakes First Addition to City of Iowa City, Iowa is subject to a fifteen (15) foot storm sewer easement; and WHEREAS, a house on said Lot 13 encroaches 31-2 feet onto said easement and thus creates a cloud upon the title; and WHEREAS, release and redescription of said storm sewer easement 2, feet to the North shall not jeopardize the City's existing storm sewer. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the Mayor is hereby authorized to sign and the City Clerk to attest an Agree- ment with Owners of Lot 13, Dean Oakes First Addition to City of Iowa City, to release and redescribe certain portions of an existing storm sewer easement. It was moved by Perret and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl —� Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 11th day of August 1981. ATTEST: u� CITY CLERK RWalvad a Approved By ThO Legal Depeftent i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 AGREEMENT REGARDING STORM SEWER EASEMENT This Agreement is made between the City of Iowa City, Iowa, a municipal corporation ("CITY"); Jasbir S. Arora and Rita Arora, husband and wife, c -o r-ac--pm°ehasers-,-and-ia-l-ter-C: Ghud]riek-and �t >I� Esther-E,-Chudwi{*-7--hasband-and-i+4e ceontraet holderr("OWNERS") 111 WITNESSETH WHEREAS, Lot 13, Dean Oakes First Addition to City of Iowa City, Iowa, is subject to an existing fifteen foot storm sewer easement which crosses said Lot in a northwesterly direction; and WHEREAS, it has come to the City's attention that a single family dwelling encroaches three and one-half feet into said easement, that said sewer was actually constructed three feet be- yond the center of said easement; and jWHEREAS, a cloud remains on title to said pro erty by reason A1y of said encroachment, and CITY, e6ftfl;6 'HREH HBLBEft5 wish to clear said clouds; and f " WHEREAS, relocation of said storm sewer easement shall in no way jeopardize the existing storm sewer. THEREFORE BE IT AGREED: 1. CITY hereby vacates and releases the southwesterly three and one-half feet of an existing storm sewer easement, as more particularly described in Exhibit A attached hereto and in- corporated by reference, and designated "Easement Vacation". 2. OWNERS hereby grant to CITY the northeasterly two and one-half feet adjacent to the existing storm sewer easement, for a total easement fourteen feet in width, more particularly described in Exhibit A attached hereto and incorporated by refer- ence and designated "Easement Addition." Said easement is for the purpose of installation, replacement, maintenance and use of storm sewer lines, pipes, mains and conduit as CITY shall use for con- veyance of storm water, together with right-of-way necessary for i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES -MOINES /o2/3 .I -2- ingress and egress. OWNERS agree that provisions relating to said existing easement, amended only as to location, shall con- tinue in full force and effect as covenants running with. -the land. 3. CITY and OWNERS covenant that this Agreement is being made for their mutual benefits in connection with the location of a public storm sewer easement, and that this Agree- ment shall be recorded in Johnson County Recorder's Office by CITY upon execution. IN WITNESS WHEREOF, the parties set forth their hand this day of %L llf/ 1981. CITY OF IOWA CITY, IOWA OWNERS hn Balmer, Ma o ~ ( �N Y sbir S. Arora Attest:_ City Clerk CORPORATE SELL. Rita (Arora i Wal-te r_C Iwdw.i ck 0 Pr ,Esther -E—. Ghudwick OWNERS ACKNOWLEDGEMENTS STATE OF IOWA ) ) SS JOHNSON COUNTY ) On thisday of 1981, before me, the undersigned, a No ary Publi in�als for said County aqd State, er- sonally appeared '- 1_ � and `fv� to me known to f4� a Iden ica persons name in an who executed— the within and oregoing instrument and acknowledged that they ex- ecuted the same as their voluntary act and deed. NOTNUAL L EM - Notary Public in and for said i. j ' County and State j MICROFILMED BY ' JORM MICROLAB CEDAR RAPIDS -DES 140INES /a2/3 L m.� -3- STATE 3 STATE OF IOWA ) SS JOHNSON COUNTY ) r / ; On this l day of 1981, before me, the undersigned, a Notary Public in and for said County and'State, per- sonally appeared ILL. S. and 4f" CL to me known to be the identical persons named in and .who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. 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O.Lxzla .IQlaT I D M D D v U) DMD o 0 a L4 0 0 V N 10 r..1 0 a - 0 - 00 wnwrlOI.ir L0u54 CCr,� I _ S D7°00'4VIC , L Nor_rw ¢.o. a. tome O/e'nr& DClvr .J' c.r.r.nr r,nr q nada+ ..a+nr•.1 Or S.aat ��-� LF1n 1-L•r-jC$IDYtONS MM una LO ULTAi�fTS 1.1101 `1oQm e�n7Xarz5 Ft¢Y u.. _un.Iu.. IIvG /.a. Scale I+C+�� Del, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Ircl.D ec......e.r cu.er • ha0ertr La•.p Isr•1 TLE.V lS 101J L S Cao SO DOtTt OeJ. 1. C. ^—Lldlnr M1nu RLQ "• rral wa RESOLUTION NO. 81-216 RESOLUTION ADOPTING POLICIES CONCERNING RENTAL, USE AND GRIEVANCE PROCEDURES FOR PUBLIC HOUSING UNITS - PROJECT IA 22- 3. WHEREAS, the City of Iowa City, Iowa, has entered into a Contract of Sale with Southgate Development Co., Inc. for the purpose of developing Public Housing Project IA 22-3; and WHEREAS, the City has been designated a Public Housing Authority under State and Federal law; and WHEREAS, funding for said Project is being provided by the United States Department of Housing and Urban Development (HUD) through their Turnkey Public Housing Program; and WHEREAS, certain portions of said Project IA 22-3 are nearing completion, and are thus ready for sale back to the housing authority; and WHEREAS, it is in the best interest of the housing authority to adopt guidelines governing the rental and use of said housing units. NOW, THEREFORE, BE IT RESOLVED that the "STATEMENT OF POLICIES GOVERNING ADMISSION TO AND CONTINUED OCCUPANCY OF THE PUBLIC HOUSING UNITS OWNED AND OPERATED BY THE IOWA CITY HOUSING AUTHORITY" together with Grievance Procedures should be and hereby are formally approved and adopted by the City of Iowa City, Iowa, as the officially designated Iowa City Housing Authority. It was moved by Erdahl and seconded by Roberts the Resolution be adopted, and upon rol call there were: AYES: NAYS: ABSENT: x Balmer T_ Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 11th day of August 1981. ATTEST: dd ; CITY CLERK MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES RecalVed d Approved QFj Iflal Depar-ftnent IajY t STATEMENT OF POLICIES GOVERNING ADMISSION TO AND CONTINUED OCCUPANCY OF THE PUBLIC HOUSING UNITS OWNED AND OPERATED BY THE IOWA CITY HOUSING AUTHORITY j MICROFILMED BY IJORM MICROLAB CEDAR RAPIDS -DES I70INES I aia i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Y TABLE OF CONTENTS Section Page Selection of Tenants and Processing Applications I. Nondiscrimination 1 II. Eligibility for Admission 1 III. Leasing 5 IV. Unit Size 5 V. Resident Selection & Assignment Plan 7 VI. Definition of Income 8 VII. Schedule of Rents 11 VIII. Reexamination of Eligibility for Continued Occupancy 12 i IX. Establishing Rents Between Admission & First 15 Reexamination & Between Scheduled Reexaminations X. Transfers 15 XII. Reapplication of Applicants on Former Residents 16 XIII. I Inspections 16 Grievance Procedure I. Informal Hearing 1 i II. Procedure to Obtain Formal Hearing 1 III. Procedure Governing the Hearing 2 IV. Decision of Hearing Officer/Hearing Panel 3 V. ICHA Eviction Actions 4 aia i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Y SECTION I. SELECTION OF TENANTS AND PROCESSING APPLICATIONS I. Nondiscrimination The Iowa City Housing Authority, hereinafter referred to as the ICHA, Housing Authority, authority or PHA, shall not discriminate because. of race, color, sex, creed, religion, national origin or disability in the negotiation, leasing, rental, or other disposition of housing or related facilities (including land) included in any project or projects under its jurisdiction covered by a contract for annual contributions under the United States Housing Act of 1937 as amended, or in the use or occupancy thereof. The ICHA shall not, on account of race, color, sex, creed, religion, national origin, or disability, deny to any family 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. ICHA records with respect to applications for admission to any low - rent public housing assisted under the United States Housing Act of 1937 shall indicate the date and time of receipt; the determination of the ICHA as to eligibility or non -eligibility of the applicant; where eligible, the unit size for which eligible; the preference rating, if any; the date, location, identification, and circumstance of each vacancy offered and accepted, or rejected. ICHA records with respect to inquiries from families prior to commencement of formal application -taking or during a period of temporary suspension of formal application -taking shall indicate, as to each family, the date of inquiry, the name and address and whatever further information is obtained, determination made, or action taken by the ICHA with respect to such family. II. Eligiblity for Admission To be eligible for admission an applicant must meet the following conditions: A. The applicant must qualify as a family. A family consists of: 1. Two or more persons related by blood, marriage or adoption; or 2. The remaining member of a tenant family (for continued occupancy purposes only); or 3. A single person who is: a. at least 62 years of age; or b. handicapped within the meaning of Section 202 of the Housing Act of 1959; or I alq I MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES 140INES 2 C. displaced by urban renewal or other governmental action; or d. disabled within the meaning of Section 223 of the Social Security Act; or e. under a disability as defined in Section 102(5) of the Developmental Disabilities Services and Facilities Construction Amendments of 1970. 4. An "elderly family" which includes two or more elderly, handicapped or disabled persons living together; or one or more such individuals living together with another person who is determined to be essential to their care or well- being. A handicapped person is one who has a physical impairment which: a. is expected to be of long continued and indefinite duration; b. substantially impedes his ability to live I independently; and C. is of such a nature that such ability could be improved by more suitable housing conditions. i A disabled person is one who is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or which can be expected to last for a continuous period of not less than 12 months. B. Net Income for admission shall not exceed the following amounts at the time of admission: No. of Maximum Income Limits No. of Maximum Income Limits Persons for Admission Persons for Admission 1 $10,900 6 $17,500 2 12,450 7 18,450 3 14,000 8 or more $19,450 4 15,550 5 16,500 C. A family whose net family assets, together with the net income of the family, are not sufficient for it to obtain and maintain adequate accommodations on the private market, well into the /aN MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES V_ future. Assets may not exceed $15,000 for non -elderly families or $20,000 for elderly families. Any applicant who has assigned, conveyed, transferred, or otherwise disposed of property within the past two years without fair consideration in order to meet the assets limitation shall be deemed ineligible. Standards for Admission and Occupancy. Applicants may be denied admission to the ICHA properties and, after selection, termination of the lease agreement between the ICHA and the resident may occur if an authorized representative of the ICHA has documented pertinent information relative to the following: 1. Misrepresentation. The . willful misstatement to or concealment from the ICHA by the applicant or resident of any material fact bearing upon or relating to any determining factor of the applicant's eligibility for admission to or the resident's eligibility for continued occupancy, or bearing upon or related to the rent to be paid by the applicant or resident. 2. Undesirability. An applicant or resident is deemed undesirable when he or she or a member of his or her family living in the home, seriously endangers the health, safety or morals of his neighbors, or is a source of danger to the property or the peaceful occupation of other neighbors or residents, or is negligent in assuming the normal obligations of residents, more specifically described as: a. One who has been convicted of acts that seriously endanger the life, safety, or welfare of other persons, including, but not limited to, crimes of violence, prostitution, sale or possession of narcotics, rape, sexual molestation or deviation, or the neglect or abandonment of siblings. b. One who has demonstrated a pattern of behavior which endangers the life, safety and welfare of other persons by the threats of or acts of physical violence, gross negligence or irresponsibility. C. One who has through negligence or deliberate and intentional action damaged equipment, premises or property of the ICHA or property belonging to neighbors or other residents. d. One who has exhibited a pattern of failure to take proper care of ICHA or other rented property or who has exhibited a pattern of poor housekeeping which threatens neighbors or other residents or results in vermin or other infestation or is a general nuisance. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ra/V P 1-1 4 e. One who has demonstrated an unwillingness to honor or satisfy rightful indebtedness for rented property obligations. 3. Self -Sufficiency. The inability of an applicant or resident, by reason of age, physical or mental disability, or any other impairment, to meet the normal requirements for tenancy and/or whose occupancy might represent a danger to him or herself or to others or to ICHA property. 4. Abandonment. The abandonment of a public housing dwelling or other public assisted unit without having previously advised ICHA officials so that staff could secure the unit and protect its property from vandalism. 5. Non -Co mp1iance. Failure, neglect or refusal of an applica— nn resident to furnish the ICHA satisfactory verification of family income, assets or composition when requested to do so. 6. If single, whether applicant is capable of living indepen- dently. E. Processing Applications for Admission 1. A written application signed by the head of the family or a responsible member of the family will be accepted from each family seeking admission to low -rent housing owned or leased by the ICHA.- 2. All information relative to previous housing, net family income, net assets and preference rating will be verified, and all verified findings will be documented and recorded in the applicant folder. Such verification may include a home visit. 3. Verified information will be analyzed and a determination will be made with respect to the following:' a. Eligibility of applicant with respect to back monies owed to the Authority. b. Eligibility of applicant as a family. C. Eligibility of applicant with respect to income limits for admission. d. Eligibility of applicant with'respect to net assets. e. Eligibility of applicant with respect to standards for admissions. MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES ia►y 5 f. Size of unit required for the family. g. Preference category to which the family belongs. h. Urgency of the family's need for housing. i. Rent which the family should pay. 4. Net family income will be computed in accordance with definitions and procedures as set forth in this policy. 5. As a part of the application record, Housing Coordinator or his/her designated representative will certify to the actions taken and determination made in writing to the applicant. 6. When the applicant has been offered three different units and all have been refused without sufficient reason, the date on the application will be changed and the application placed at the back of the eligible applicants. 7. If more than 60 days elapse between the date of the determination of the family's eligiblity and the date the family is scheduled for admission, all eligibility factors are to be rechecked for changes prior to admission. F. Notification to Applicants I 1. The ICHA shall promptly notify any applicant determined to be ineligible for admission to a project of the basis for such determination and shall provide the applicant, upon request, within a reasonable time after the determination is made, with an opportunity for an informal hearing on such determination. 2. When a determination has been made that an applicant is eligible and satisfies all requirements for admission including the tenant selection criteria, the applicant shall be notified of the approximate date of occupancy insofar as that date can he reasonably determined. III. Leasing A. Prior to admission, a lease shall be signed by the family head or spouse and executed by the authority. The head of the family is the family member who is held responsible and accountable for the family. The lease shall list all members of the household who will reside in the unit. I. If a tenant transfers within the project, a new lease will be executed for the dwelling into which the family is to move. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L." laILI C 6 2. If, at any time during the life of the lease agreement, a change in the tenant's status results in the need for changing or amending any provision of the lease either, a. a new lease agreement will be executed, or b. an appropriate rider will be prepared and made a part of the existing lease, or appropriate insertions will be made within the instrument. All copies of such riders or insertions are to be dated and signed or initiaLed Coordinator. the tenant and by the Housing 3. Notices of anticipated rent increases shall be given as required by state law. 4• Conditions and requirements of the lease become a part of this policy by reference. IV, Unit Size Required The following standards will determine the number of bedrooms standardsuired tmaycbe mwai ed te awhenrayvacanc pof a ro size, except that such necessary to achieve or maintain full occupancy: ylem exists, and it is No. of persons 1. No. of Bedrooms Minimum Maximum 0 1 1 1 2 1 3 3 2 5 4 4 7 5 69 11 plus 2. Dwelling units will be assigned taking into consideration the following: a. The bedroom size assigned should not require more than two Persons to occupy the same bedroom. An unborn child will not be counted as a person. b. The bedroom size assigned should not require persons of the opposite sex other than husband and wife to occupy the same bedroom other than infants or very young children. Children under 12 months of age may occupy the same bedroom with parent(s). Children of the opposite sex five years of age or older may be assigned separate bedrooms. MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES MOINES L. laIA/ V 9 c 1_, 7 Consideration will be given if, for health reasons, a separate bedroom is required. This must be verified by a doctor and the tenant file properly documented. Resident Selection and Assi nment Plan 9 i The ICHA shall select tenants to: 1. Avoid concentration of the most economically and socially deprived families. However, at least 20% of the dwelling units shall be occupied by very low-income families. The aggregate rentals required to be paid in any year by whichthe residing ope atn� gsubsidy applies hall not be lesstthan an amount equal to one of the adjusted family income of all such families. 2. Attain a tenant body in each project composed of families with a broad range of incomes and rent -paying ability which is generally representative of the range of incomes Of low-income families in the PHA's area of operation. Preference in the Selection of Tenants ll be dwellings oflgiven size and witcted hinsuchrangesants of rent for established from time to time to ensure the financial solvency and stability of the program, in the following order: I. The rent paying ability of the applicant as it relates to the solvency of the authority. 2• Whether the applicant is a displaced family or about to be displaced by urban renewal or other governmental action. This does not include local code enforcement action. 3. The applicant's age or disability or handicap. 4. The urgency of housing need. In determining the urgency of need, the following will be considered: The gross rent being paid by the applicant for present housing as it relates to his annual income. 5. Whether the applicant is a veteran or serviceman or is related to a veteran or serviceman. A veteran is a person who has served in the armed forces of the USA and was discharged or released under conditions other than dishonorable. A serviceman is a person presently in the armed forces. L MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Jai/ ..1 V_ L'. —, 0 6. The family size of the applicant, as it relates to the units available (does not exceed occupancy standards). NOTE: Elderly families will be given preference for units specifically built for elderly families. However, if vacancies exist, non -elderly families may be admitted. VI. Definition of Income A. Total Famil Income. Total family income means income from all sources of 1 the head of the household and spouse, and (2) each additional member of the family residing in the household who is at least 18 years of age, anticipated to be received during the 12 months following admission or re-examination of family income, exclusive of the income. of full-time students (other than the head or spouse) and income which is temporary, nonrecurring or sporadic as defined in this section. Total family income shall include that portion of the income of the head of the household or spouse temporarily absent which, in the determination of the ICHA, is (or should be) available to meet the family's needs. Total family income includes, but is not limited to, the following: I. The full amount, before any payroll deduction, of wages and salaries, including compensation for overtime and other compensation for personal services (such as commis- sions, fees, tips, and bonuses). 2. Net income from operation of a business or profession (expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine net -income from a business). 3. Interest, dividends, and net income of any kind from real or personal property. 4. The full amount received from annuities, periodic payments from insurance policies, retirement income, pensions, periodic benefits for disability or death, and other similar types of periodic receipts. 5. Payments in lieu of earnings, such as unemployment and disability compensation, social security benefits, workmen's compensation and dismissal wages. 6. Welfare assistance payments including those amounts withheld as payment for food coupons or stamps. 7. Periodic and determinable allowances, such as alimony and regular contributions or gifts, including amounts received from any persons not residing in the dwelling. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES lall/ �. 9 8. All regular pay, special payments and allowances (such as longevity, overseas duty, rental allowances, allowances for dependents, etc.), received by a member of the Armed Forces. 9. Payments to the head of the household for support of a minor, or payments nominally to a minor for his support but controlled for his benefit by the head of the household or a resident family member other than the head, who is responsible for his support. NOTE: 1. A minor is defined as a member of the household, other than the head or spouse, who is under the age of 18. Payments received for support of a minor are not considered the minor's income and are to be included in the annual income. 2. A full-time student is defined as a person, other than the head or spouse who is carrying a subject load which is considered full-time for day students under the standards and practices of the educational institution attended. B. There shall not be included in Total Family Income nonrecurring income as defined below: i I. Casual, sporadic and irregular gifts, and amounts which are specifically received for, or are a reimbursement of, the cost of illness or medical care. 2. Lump -sum additions to family assets, such as inheritances, insurance payments, including payments under health and accident insurance and workmen's compensation, capital gains, and settlements for personal or property losses. 3. .Amounts of educational scholarships paid directly to the students or to the educational institution and amounts paid by the United States Government to a veteran for use in meeting the cost of tuition, fees and books, to the extent that such amounts are so used. 4. Relocation payments made pursuant to Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and pursuant to the Food Stamp Act of 1964, the value of the coupon allotments for the purchase of foods in excess of the amount actually charged the eligible households. 5. Payments received by participants or volunteers in programs pursuant to the Domestic Volunteer Service Act of 1973. 1611f MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES MOINES 10 6. Payments received by participants in other publicly - assisted programs as reimbursement for out-of-pocket expenses incurred (special equipment, clothing, transportation, reimbursement for child care, and so forth, which are made solely to allow participation in a specific program and cannot be used for other purposes). C. The Adjusted Family Income shall be the Total Family Income less the following. (No person in the family shall be entitled to more than one exemption -- Nos. 5 & 6). 1. A deduction of five percent (5%) of Total Family Income, except that the deduction shall be ten percent (10%) in the case of an elderly family. 2. A deduction of amounts for unusual occupational expenses not compensated for by the employer, such as special tools and equipment, but only to the extent to which such expenses exceed normal and usual expenses incidental to the type of employment engaged in by the employee. 3. A deduction of amounts paid by the family for the care of children or sick or incapacitated family members when determined to be necessary to employment of the head or spouse, except that the amount deducted shall not exceed the amount of income received by the family member thus released. 4. A deduction for extraordinary medical expenses where not compensated for or covered by insurance, defined for this purpose to mean medical expenses in excess of three percent of Total Family Income. 5. An exemption of the first $300 of the income of a secondary wage earner who is the spouse of the head of the household. 6. An exemption of $300 for each member of the family residing in the household (other than the head or his spouse), who is under 18 years of age, or who is 18 years of age or older and disabled, handicapped or a full-time student. 7. The total of all sums received by the head or the spouse from, or under the direction of any non-profit child placing agency for the care and maintenance of any persons who are under 18 years of age and were placed in the household by such an agency. la/V MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES I40INES ..7 VII. Schedule of Rents A. Gross Rent 1. Gross rent is the determination of the maximum allowable monthly rent charge for a dwelling unit, in accordance with the Department of Housing and Urban Development's definition of income as set forth in Section VI and is established as 25 percent of the net adjusted total family income. This may be increased to 30% in the near future. 2. No family will be required to pay in excess of 25 percent of its net adjusted total family income as rent except that in no instance will the rent for any dwelling unit be less than five percent of the gross income of the family who is either making application for admission or is in occupancy. I� B. Contract Rent I 1. Contract rent is the determined monthly rent to be charged a family for use of the dwelling unit and installed equipment, such as ranges and refrigerators but excluding furniture, air conditioners, services. I 2. For families occupying dwelling units in which utilities are the responsibility of the family or resident to supply, contract rent is the monthly rent to be charged the family or resident after applicable utility allowances, if any, have been deducted from the gross rent. C. Utility Allowances 1. For families occupying dwelling units in which some or all utility services are the responsibility of the family to supply, these allowances as identified in Appendix 1 will be deducted from the monthly gross rent. D. Miscellaneous Charges 1. Residents will be charged for the repair of damages or the replacement of installed equipment in the dwelling unit, project buildings, facilities, or the project common areas caused by the resident, members of the household, or guests when such damages exceed normal wear and tear. 2. Charges for necessary repairs or replacement of installed equipment will not exceed the actual costs incurred by the ICHA for the labor and/or materials expended in the repair of or replacement of items. /01/l/ i MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES 1401NES 0 .1 12 E. Rent Collection Policy 1. Rent is due and payable in full on the first day of each month. Rent will be considered delinquent on the fifth day of each month. 2. On the sixth day of each month, contact (phone or visit) will be established with each tenant who has not paid rent. 3. On the eleventh day, if rent has not been paid, eviction proceedings may be started. 4. Once eviction proceedings have been enacted, it will not be stopped unless rent is paid in full. NO partial payments will be accepted after eviction proceedings have been enacted. 5. All legal expenses incurred in the eviction proceedings will be charged to the tenant. 6. A tenant may be subject to eviction after three late payments. These need not be consecutive. iVIII. Reexamination and Eligibility for Continued Occupancy i A. Reexaminations The eligibility of all families is to be reexamined at least once every 12 months and upon determination of family income as I defined in Section I for the ensuing year, the rent shall be adjusted accordingly. I. Schedulin of Reexaminations - Residents will be reexamine eac year in accordance with the established reexamination date. The time between admission and the first reexamination may be extended to no more than eighteen (18) months to fit the established reexamination date. 2. Interim Reexaminations - When it is not possible to determine family income with any reasonable degree of accuracy at the time of admission or reexamination, due consideration should be given to recipient's past income and an interim reexamination scheduled. Such interim reexamination will be conducted at any time there is an increase or decrease in income (i.e., Social Secy -t) VA, pension, etc. which will affect the amount of rent, or if the resident is considered at fault for not supplying the correct information. racy MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 1"- 13 3. Reexamination Procedures lalq j MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES MOINES c' I_ ,. — ._ A — . i- — _ _ _ _ L # .-- AU a. At the time of reexamination, the head of the household will be required to sign the reexamination and income verification forms. b. Employment and income data including that from assets the will be verified, documented and placed in resident's folder. C. Verified information will be analyzed and a determin- ation made with respect to the following: (1) Eligibility of resident as a family or the remaining member of a family. (2) Size of unit required for the family. (3) Rent which the family should pay. i B. Eligibility for Continued Occupancy Only those families who qualify as a "family" as defined in except that Section I will be eligible for continued occupancy, family may, at the discretion of the ithe sole remaining member of a Housing Coordinator, be permitted to remain in occupancy. 1. Persons permitted to remain in occupancy as the sole 18 of remaining member of a family must be at least years age as designated by state law, and 2. Must occupy only an appropriately sized dwelling unit. 3. In addition to meeting the income limitations criteria outlined in paragraph D of this section and maintaining non -violation of the causes for termination of lease agreement as outlined in Section I -D, continued occupancy resident's in a ICHA dwelling unit is dependent upon each willingness to honor his obligations to his neighbors and to ICHA rules and regulations. The following will constitute cause for the termination of the lease agreement between the resident and the ICHA. a. Breach of Rules and Regulations. The willful or his or repeated violation by the resident, member of rule, regulation or her family or guests, of resolution of the ICHA. b. Chronic Delinquency in the Payment of Rent. The repeated failure or refusal of the resident to pay lalq j MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES MOINES c' I_ ,. — ._ A — . i- — _ _ _ _ L # .-- AU \ 14 �— rent when due, through no fault of the ICHA, necessitating service of notices to vacate. C. Noncompliance with Scheduled Reexamination. Failure, neglect or refusal of a resident to furnish management satisfactory verification of family income, assets or composition when requested to do SO. d. Violations of Lease Agreement Provisions. Actions of a resident, member of his or her family, or guests which result in direct violations of the lease agreement. e. Qualification. Failure of a resident or a sole remaining member of a resident family to qualify for occupancy under the rules and regulations of the ICHA or under any applicable state or. local statutes or ordinances concerning resident eligibility. C. Action Following Reexaminations If there is any change in the rent or if a transfer from one dwelling unit to another for the purpose of. correcting occupancy standards is indicated, the lease agreement will be amended or a new lease agreement executed. If an appropriate sized unit is not available, the resident will be placed on the transfer list and moved to the appropriate size unit when one does become available. D. Families Determined to be Over -Income for Low - If, as a result of a regularly scheduled or interim reexamination of family composition and sources and amounts of family income, a resident family is determined capable of achieving housing accommodations in the unsubsidized or non- public housing sector, the ICHA will not commence eviction proceedings nor refuse to renew the month-to-month lease agreement based upon the income of the resident family unless it has identified for possible rental by the family, a unit of decent, safe and sanitary housing of suitable size available for rental at approximately the same rent -income ratio paid by the resident family before being determined over -income or, unless it is required to do so by local law. E. As a part of the record of each family reexamined, the Housing Coordinator will certify the accuracy of determinations in the space so provided on the application for continued occupancy form. la1 C/ i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 15 IX. Establishing Rents Between Admission and First Interim Rent System I. Chances in Net Family Income - The rent shall be appropriately ch adjustid upon any change In net family income that would result in a change in the rent being paid. 2. Chan es in Fa Com osition - The rent shall be appropriately adjusted upon the loss ora aition of a family member. Tenants shall be required to report as they occur: a. All changes in net family income, or b. All changes in family composition. Increases in rent will be effective in full the first day of the second month following that in which the change occurred, and decreases in rent will be effective the first day of the monthly following that in which the change is reported. Circumstances resulting in a decreased rent will be verified prior to adjusting the rent. Notice of rent increases shall be given as required by state j law. X. Transfers A. Transfers required to correct occupancy standards may take priority over new admissions. B. Transfers for the convenience of a resident may be permitted by the Housing Coordinator. Convenience transfers will, however, be discouraged to the greatest possible extent and if allowed, will be accomplished within the following criteria: I. A charge of $25.00 (to defray added administrative and maintenance charges) must be paid prior to the transfer. 2. The move must be accomplished within three calendar days; otherwise, rent will be charged on both units. 3. Residents will not be eligible for transfer unless they have been a tenant of the ICHA for a minimum of one year. C. The above priority of criteria may be waived by the ICHA to accommodate special needs of the resident. laIy MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES E 16 XII. Reapplication of Applicants r Former Residents A. An applicant rejected by reason of undesirability will not be Permitted to file another application for housing for six months and only then after being able to demonstrate to the satisfaction of the ICHA that circumstances which brought about an undesirable determination have changed. This may be demonstrated through casework services provided by local public and/or private agencies. B. A resident evicted by ICHA management may not file another date. At that time, the former resaplication for housing for one ident must demon tear followinh ate totthe satisfaction of the ICHA that circumstances which brought about an eviction have changed and that the former resident will now make a desirable resident. If provision may be waived circumstances so warrant, this Coordinator. at the discretion of the Housing C. No former resident owing the ICHA an unpaid balance will be re- admitted to a dwelling unit until the unpaid balance is paid in full. XIII. Inspections A. To assure that the objectives of the Housing Assistance Program are met and maintained, inspections are required. This part deals with those inspections and provides guidance and suggestions for those involved: B• The following inspections will be performed. I. Pre -Lease Ins ection. Before signing the lease the unit wt a inspected by the Housing Authority and the tenant. This will be a joint inspection with the results put in writing and both parti provided a copy. es will be 2. Annual Ins ections. Approximately ninety•(90) days prior to ease terminations each unit will be inspected by the Housing Authority. Results of this inspection will be utilized in determining eligthatbility for exceedsnormalnweareandctearnmust be g corrected at the tenant's expense prior to extending the lease. This inspection will be performed in conjunction with the annual financial review. 3. Special Inspections. A special inspection will be made upon receipt of a complaint. Violations of the lease observed or brought to the attention of the /aiy I MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES 17 owner may require a special inspection. These inspections may be made at reasonable times and with reasonable notice in accordance with the specific circumstances of each individual instance as required by state law. 4. Close Out Inspection. Upon termination of any lease the Authority w I1 perform a final close out inspec- tion. Results of this inspection will be compared to the pre -lease and annual inspection results to determine what charges, if any, will be assessed the tenant. 5. Routine Maintenance Ins ection. The Housing Authority wi perform norma maintenance inspections on a pre -scheduled basis. This is to insure that the mechanical, electrical, and ventilating systems are in proper working condition. Racavid a Approved �� �F(„egxl DepaArndnl MICROFILMED BY `,JORM MICROLAB CEDAR RAPIDS -DES MOINES L." 18 Appendix 1 to Statement of Policies, Units Owned and Operated by the Iowa City Housing Authority Utility Allowance Water/Sewer/Refuse/Per month 2 Bdr. 3 Bdr. 4 Bdr. 9.70 11.78 13.86 Natural Gas/Per month 16.49 ROW - 18.68 Det. 26.22 S. Det. - 20.19 S. Det. 25.08 Electricity/Per month 23.27 27.49 31.90 TOTAL 49.46 ROW - 57.95 Det. 71.98 S. Det. - 59.46 S. Det. 70.84 _ lorry _f j MICROFILMED BY `JORM MICROLAB 'CEDAR RAPIDS -DES -MOINES Ad GRIEVANCE PROCEDURE The purpose of this Grievance Procedure is to set forth the requirements, standards and criteria to be used by the Iowa City Housing Authority to assure tenants are afforded an opportunity for a hearing if the tenant disputes within ten days any ICHA action or failure to act involving the tenant's lease with the ICHA, or ICHA regulations which adversely affect the individual tenant's rights, duties, welfare or status. The ICHA grievance procedure shall not be applicable to disputes between tenants not involving the ICHA or to class grievances. This grievance procedure is not intended to be used for initiating or negotiating policy changes between a group or groups of tenants and the ICHA. I. Informal Hearing The grievance shall be personally presented within 10 days, either orally or in writing, to the ICHA office so that the grievance may be discussed informally and settled without a hearing. A summary of such discussion shall be prepared within 15 days and one copy shall be given to the tenant and one retained in the tenant file. The summary shall specify the names of the participants, dates of meeting, the nature of the proposed disposition of the complaint and the specific reasons therefore, and shall specify the procedures by which a hearing may be obtained if the complainant is not satisfied. This is required as a prerequisite to a formal hearing unless the complainant can show good cause why they failed to proceed under this part to the hearing officer/panel and they have waived the informal hearing. II. Procedure to Obtain Formal Hearing A. The complainant shall submit a written request for a hearing to the ICHA office within 15 days after receipt of the summary of discussion, outlined in #I above. The written request shall specify: (1) The reasons for the grievance, and (2) The action or relief sought. B. Grievances shall be presented before a hearing officer. The hearing officer shall be an impartial, disinterested person selected jointly by the ICHA and the complainant. If the ICHA and the complainant cannot agree on a hearing officer, they shall each appoint a member of a hearing panel and the members so appointed shall select a third member. C. If the complainant does not request a hearing in accordance with this procedure, the ICHA disposition of the grievance under the informal procedure shall become final, provided that failure to request a hearing shall not constitute a waiver by the 1 XI V MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES r- 2 complainant of his right thereafter to contest the ICHA's action in disposing of the complaint in the appropriate judicial proceeding. D. Before a hearing is scheduled in any grievance involving the rent as specified in the lease which the ICHA claims is due, the complainant shall pay to the ICHA an amount equal to the amount of the rent due and payable as of the first of the month preceding the month in which the act or failure to act took place. The deposits of the monthly rent shall be made until the grievance is resolved. These payments may be waived by the ICHA in extenuating circumstances. Unless waived, failure to make such payments shall not constitute a waiver of any right the complainant may have to contest the ICHA's disposition of his grievances in any appropriate judicial proceeding. E. A hearing shall be scheduled by the hearing officer/hearing panel promptly for a time and place reasonably convenient to both the complainant and the ICHA. A written notification specifying the time, place and the procedures governing the hearing shall be delivered to the complainant and the appropriate ICHA official. III. Procedures Governing the Hearing A. The hearing shall be held before the hearing officer/hearing panel. B. The complainant shall be afforded the opportunity to: (1) Examine before the hearing and at the expense of the complainant, to copy all documents, records and regulations of the ICHA that are relevant to the hearing. Any document not made available by the ICHA to the complainant may not be relied on by the ICHA. (2) The right to be represented by counsel or other person. (3) The right to present evidence and arguments in support of his or her complaint, to controvert evidence relied on by the ICHA, and to confront and cross-examine all witnesses on whose testimony or information the ICHA relies. (4) A decision based solely and exclusively upon the facts presented at the hearing and all written records relevant thereto. C. The hearing officer/hearing panel may render a decision without proceeding with the hearing if the hearing officer/hearing panel determines that the issue has been previously decided in another proceeding. lar1/ MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES D. If the complainant or the ICHA fails to appear at the scheduled hearing, the hearing officer/hearing panel may make .a determination to postpone the hearing for not to exceed five business days or may make a determination upon the record without the party present. At the hearing the complainant must first show he or she is entitled to the relief sought and thereafter the ICHA must justify the ICHA action or failure to act against which the grievance is directed. The hearing shall be conducted informally by the hearing officer/hearing panel and oral or documentary evidence pertinent to the facts and issues raised by the complainant may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings. The hearing officer/hearing panel shall require the ICHA, the complainant, counsel and other. participants or spectators to conduct themselves in an orderly fashion. IV. Decision of the Hearing Officer/Hearing Panel A. The hearing officer panel shall make a decision based on all relevant evidence presented either orally or in writing and such decision shall be made upon the record as a whole. The hearing officer/hearing panel shall prepare a written decision, together with the reasons therefore, within 20 days after the hearing. Such decision may reverse, affirm, or modify the ICHA's decision and relief granted shall be explicitely set forth in writing. A copy of the decision shall be sent to the complainant and the PHA. The PHA shall retain a copy of the decision in the tenant's folder. A copy of this decision, with all names and identifying references deleted, shall be maintained on file by the PHA and made available for inspection by the complainant, his representative or the hearing officer/hearing panel. B. The decision of the hearing officer/hearing panel shall be binding on the PHA which shall take all actions, or refrain from any actions, necessary to carry out the decision unless the PHA Board of Commissioners determines within 15 days and promptly notifies the complainant of its determination, that (1) The grievance does not concern ICHA action or failure to act in accordance with or involving the complainant's lease on ICHA regulations, which adversely affect the complainant's rights, duties, welfare or status; (2) The decision of the hearing officer/hearing panel is contrary to applicable Federal, State or local law, HUD regulations or requirements of the Annual Contributions Contract between HUD and the ICHA. ►a► y MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES V_ 4 C. A decision by the hearing officer/hearing panel or Board of Commissioners in favor of the ICHA or which denies the relief requested by the complainant in whole or in part shall not constitute a waiver of, nor affect in any manner whatever, any rights the complainant may have to a trial de novo or judicial review in any judicial proceedings, which may thereafter be brought in the matter. V. ICHA Eviction Actions If a tenant has requested a hearing in accordance with these procedures on a complaint involving a ICHA notice of termination of the tenancy and the hearing officer/hearing panel upholds the ICHA's action to terminate the tenancy, the ICHA shall not commence an eviction action in a State or local court until it has served a notice to vacate on the tenants and in no event shall the notice to vacate be issued prior to the decision of the hearing officer/hearing panel having been mailed or delivered to the complainant. Such notice to vacate must be in writing and specify that if the tenant fails to quit the premises within the applicable statutory period, or on the termination date stated in the notice of termination, whichever is later, appropriate action will be brought against him and he may be required to pay court costs and attorney fees if unsuccessful in court. Received & Approved By The Legal Dapeft mnt SSL✓ dF-6 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES mry City of Iowa Chof MEMORANDUM DATE: August 6, 1981 TO: Neal G. Berlin, City Manager City Council FROM: Lyle G. Seydel, Housing Coordinator Rf: Extract of Minutes of Iowa City Housing Commission Meeting of August 5, 1981 At the regularly scheduled meeting of the Iowa City Housing Commission held August 5, 1981, the following recommendation to City Council was adopted 7/0 on a motion by Koenig, second- ed by Karstens: "The Iowa City Housing Commission recommends that the City Council approve the Resolution Adopting Policies Governing Admission to and Continued Occupancy of the Public Housing Units and Grie- vance Procedure for Project 22-3." cf I i i i I i i MICROFILMED BY 'JORM MICROLAB 'CEDAR RAPIDS -DES 1401NES fat r— RESOLUTION NO. 81-217 RESOLUTION ADOPTING SUPPLEMENT NUMBER NINE TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the ninth supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number nine by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number nine to the Code of Ordinances of the City of Iowa City, Iowa, attached to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Roberts and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x _ Erdahl x Lynch _ x Neuhauser x Perret x Roberts x _ Vevera Passed and approved tnis 11th day of Augns 1981. r o` ATTEST: COY LER MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES Roeelved & Approved By Yhe legal Department mafN�