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HomeMy WebLinkAbout1980-04-29 ResolutionO RESOLUTION NO. 80-148 RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERmi,r APPI,[CJPI'ION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class -C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Ware S McDonald 011 Co. dba Wareco, 828 S. Dubuque I Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: NAYS: ABSENT: Balmer x a Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 29th day of April 1980 M y r Attest: / City Clerk I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOIRES 1". 1 A RESOLUTION N0. 80-151 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY TUE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Ware & McDonald Oil Co., Wareco, 828 S. Dubuque I Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Roberta that the Resolution as read be adopted, and upon roll call there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: x x x x x Passed and approved this 29th day of April 1980 , gag01 r Attest: &', City Clerk MICROFILMED BY DORM MICR+LAEI CEDAR RAPIDS • DES MOINES 0 ■" -1 RESOLUTION NO. 80-149 RESOLUTION OF APPROVAL OF CLASS A SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class A Sunday Permit application is hereby approved for the following named person or persons at the following described location: Leroy Weekes Post 113949 dba Leroy Weekes Post 113949. 609 Hwy. 6 By -Pass Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x J I Erdahl x Neuhauser x i Perret x i Roberts x Vevera x Passed and approved this 29th day of April , 19 80 0 _S Attest: City Clerk MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES t I i RESOLUTION NO. 80-149 RESOLUTION OF APPROVAL OF CLASS A SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class A Sunday Permit application is hereby approved for the following named person or persons at the following described location: Leroy Weekes Post 113949 dba Leroy Weekes Post 113949. 609 Hwy. 6 By -Pass Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x J I Erdahl x Neuhauser x i Perret x i Roberts x Vevera x Passed and approved this 29th day of April , 19 80 0 _S Attest: City Clerk MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES D RESOLUTION NO. 80-150 RESOLUTION APPROVING CLASS A LIQUOR CONTROL LICENSE APPLTCAT M BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Claes A Liquor Control License application is hereby approve or the following named person or persons at the following described location: Leroy Weekes Post #3949 dba Leroy Weekes Post #3949 609 Hwy. 6 By -Pass Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was that theResoollutionyas rea au9eradopted, andand dupon RoberlT ts there were: Passed and approved this 29th day of April 19 80 `,Inaxor Attest: I City Clerk MICROFI LMEO BY JORM MICR(�LAB CEDAR RAPIDS • DES M01NES AYES: NAYS: ABSENT: Balmer_ _ Lynch x Erdahl x Neuhauser x -- Perret x Roberts x Vevera x Passed and approved this 29th day of April 19 80 `,Inaxor Attest: I City Clerk MICROFI LMEO BY JORM MICR(�LAB CEDAR RAPIDS • DES M01NES RPSOLl1TION N0, 0-152 Rl:SOI,UTION TO REFUNU A PORTION OF CLASS C LIQUOR LICENSE FEE WHEREAS, Allen Rice 6 Kathy Baum Jba/Jam& Al's Club Car at 122 Wright Louqge, hs to the Iowa State Beer r, Liquor Control'IDepartment,'canand lhasrreceived License � 12379 the State share of 35% of two quarter of the liquor license fee, and, WHERE S. the above licensee has applied for refund of the City' share of Y'S$ of two quarter of the liquor license fee, BE IT RESOLVED BY TUE CITY COUNCIL OF IOWA CITY, IOIVA, that the Mayor and CitY Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ 422,50 payable to Allen Rice & Kath 1902 M is a in ave for refund of portion of Liquor License Baum a 12379 it was moved Y Neuh_ ate_ and seconded byRoberts that the llusnlution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer -x Lynch X Erdahl X Neuhauser x Perret x Roberts x Vevera Passed and approved this 29th _ day of April 1980 , ,a ATTEST:ay r Aty(:11 rk MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES X67 ■ .' RESOI.IrrION N0, 80.153 RI SOUITION TO REPIINII A PORTION OF CLASS C LIQUOR IACENSI: Hili WillAWAS, O'Neill's Enterprises,_ Ltd.dba/ O'Kelley's Irish Pub at 1310 Highland Court has surrendered Liquor Licenso 4 12285 tr, rhl: Inw:, State Meer r, Liquor Control Oepartment, and has received the State share of 35% of one quarter of the liquor license fee, and, WHEREAS, the above licensee has applied for refund of the City' share of 65% of one quarter of the liquor license fee, Ill: IT RESOLVED BY 'fill: CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Mind :a the amount of $ 211.25 , payable to Janis C. O'Neill 1138 Bon Aire for refund of portion of Liquor License P 12285 Itwas moved by Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Lynch x Erdahl x Ncuhauser x Perrot x Roberts x Vevera Passed and approved this 29th day of April 19 80, � ay�r ATTEST: t 1, City Clerk MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES l' � t RESOI.IrrION N0, 80.153 RI SOUITION TO REPIINII A PORTION OF CLASS C LIQUOR IACENSI: Hili WillAWAS, O'Neill's Enterprises,_ Ltd.dba/ O'Kelley's Irish Pub at 1310 Highland Court has surrendered Liquor Licenso 4 12285 tr, rhl: Inw:, State Meer r, Liquor Control Oepartment, and has received the State share of 35% of one quarter of the liquor license fee, and, WHEREAS, the above licensee has applied for refund of the City' share of 65% of one quarter of the liquor license fee, Ill: IT RESOLVED BY 'fill: CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Mind :a the amount of $ 211.25 , payable to Janis C. O'Neill 1138 Bon Aire for refund of portion of Liquor License P 12285 Itwas moved by Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Lynch x Erdahl x Ncuhauser x Perrot x Roberts x Vevera Passed and approved this 29th day of April 19 80, � ay�r ATTEST: t 1, City Clerk MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES l' 1" t O I RESOLUTION N0. 80-154 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NEIGHBORHOOD SITE IMPROVFMFNTc _ rnoD Doran ADD 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: 1. 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 6th day of —May 19 80 Chambers, Civic Center, Iowa City, Iowa. at 7:30 p.m, in the Council 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 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 plans, specifications, form of contract, and estimate of cost for 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 Neuhauser and seconded bert that the Resolution as read be adopted, and upon roll callytheree were: AYES: NAYS: ABSENT: x _ BALMER x ERDAHL x LYNCH x NEUHAUSER X PERRET x ROBERTS x VEVERA Passed and approved this 29th day of April 19 80 ATTEST: Mayory Cit clerk Received 8 Approved By 'm�Legal Department 69 MICROFILMED BY JORM MIC R�LAB CEDAR RAPIDS • DES MOVIES 1 I : I RESOLUTION N0. 80-154 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NEIGHBORHOOD SITE IMPROVFMFNTc _ rnoD Doran ADD 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: 1. 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 6th day of —May 19 80 Chambers, Civic Center, Iowa City, Iowa. at 7:30 p.m, in the Council 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 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 plans, specifications, form of contract, and estimate of cost for 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 Neuhauser and seconded bert that the Resolution as read be adopted, and upon roll callytheree were: AYES: NAYS: ABSENT: x _ BALMER x ERDAHL x LYNCH x NEUHAUSER X PERRET x ROBERTS x VEVERA Passed and approved this 29th day of April 19 80 ATTEST: Mayory Cit clerk Received 8 Approved By 'm�Legal Department 69 MICROFILMED BY JORM MIC R�LAB CEDAR RAPIDS • DES MOVIES 1 I RESOLUTION NO. RESOLUTION DESIGNATING PREFERRED DEVELOPER FOR URBAN RENEWAL PARCEL NO. 64-1 IN DOWNTOWN IOWA CITY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University project I, Project No. Iowa R-14; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has, pursuant to the provisions of Title 24, Part 570, Section 570.801(c) of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal project, and transferred control of certain real property acquired in carrying out said Urban Renewal project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution No. 76-446, dated December 14, 1976, and by Resolution No. 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, did, by Resolution No. 80-8, authorize the solicitation of offers to purchase land for private redevelopment; and, WHEREAS, offers to purchase land for private redevelopment were received and opened by the City of Iowa City on April 8, 1980; and, WHEREAS, all offers to purchase received have been reviewed by the City staff and the City Council; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1979 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, and pursuant to the procedures specified in Section V, Iowa City Downtown Urban Renewal Prospectus, the following developer is designated as the preferred developer of Urban Renewal Parcel No. 64-1: BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to carry out the land disposition procedures in accordance with Iowa law, and as set forth in the Iowa City Downtown Urban Renewal Prospectus. MICROFILMED BY JORM MICR' �LAB CEDAR RAPIDS • DES MOINES 11 n -z- BE IT FURTHER RESOLVED that this designation of a preferred developer does not constitute formal City acceptance of any offer to purchase. It was moved by and seconded by that the Resolution as reaT be adapted and upon roll call there were: AYES: NAYS: ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this day of 1980. ATTEST: City Clerk MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Mayor Ramivod & Approved b Loflal peparfinenl i Ramivod & Approved b Loflal peparfinenl 0 City of Iowa MEMORANDUM Date: April 25, 1980 To: City Co cil From: Neal . lin, City Manager Re: Deve oper Designation - Block 64 SECTION 1: BACKGROUND INFORMATION AND SUMMARY OF CONCLUSIONS Redevelopment proposals were received and opened on April 8, 1980. Three proposals were received and evaluated: 1. Turner Development Corporation 2. Plaza Towers Associates 3. College Plaza Development Corporation/High Country Corporation The staff review team was composed of the following persons: Neal Berlin, Don Schmeiser, Larry Chiat, Rosemary Vitosh, Dick Plastino, Jim Brachtel, Mike Kucharzak, Glenn Siders, Harvey Miller, Bob Keating, Dennis Showalter, John Hayek and Roger Scholten. Paul Glaves of Ames Engineering and Testing Company participated in all staff review meetings. The proposed information was also reviewed by Don Zuchelli and Will Baumann of Zuchelli, Hunter and Associates, and by both Paul Speer, the City's financial consultant, and Ken Haynie, the City's bond counsel. Initially, discrepancies or uncertainties were noted in all three proposals. From the standpoint of the requirements in the Prospectus, the most serious discrepancies were noted in the Turner proposal. These related to a request for veto power over the expansion of the adjacent parking ramp, and refusal to agree to pay the prevailing parking rates. Following initial review of the three proposals, letters requesting clarification were sent to all three offerors on April 11, requesting responses by April 15. Responses were received from Plaza Towers Associates and from College Plaza Development Company within the time requested. No written response was received from Turner Development Corporation. James Hogan, Vice President of Turner Development, did advise by telephone that Turner wished to stand by the offer as submitted and that a letter to this effect would be provided. To date no written response has been received. Because the Turner offer contained several conditions which violated the terms of the Prospectus, and those conditions were not removed, the Turner proposal was not given further consideration. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I i City of Iowa MEMORANDUM Date: April 25, 1980 To: City Co cil From: Neal . lin, City Manager Re: Deve oper Designation - Block 64 SECTION 1: BACKGROUND INFORMATION AND SUMMARY OF CONCLUSIONS Redevelopment proposals were received and opened on April 8, 1980. Three proposals were received and evaluated: 1. Turner Development Corporation 2. Plaza Towers Associates 3. College Plaza Development Corporation/High Country Corporation The staff review team was composed of the following persons: Neal Berlin, Don Schmeiser, Larry Chiat, Rosemary Vitosh, Dick Plastino, Jim Brachtel, Mike Kucharzak, Glenn Siders, Harvey Miller, Bob Keating, Dennis Showalter, John Hayek and Roger Scholten. Paul Glaves of Ames Engineering and Testing Company participated in all staff review meetings. The proposed information was also reviewed by Don Zuchelli and Will Baumann of Zuchelli, Hunter and Associates, and by both Paul Speer, the City's financial consultant, and Ken Haynie, the City's bond counsel. Initially, discrepancies or uncertainties were noted in all three proposals. From the standpoint of the requirements in the Prospectus, the most serious discrepancies were noted in the Turner proposal. These related to a request for veto power over the expansion of the adjacent parking ramp, and refusal to agree to pay the prevailing parking rates. Following initial review of the three proposals, letters requesting clarification were sent to all three offerors on April 11, requesting responses by April 15. Responses were received from Plaza Towers Associates and from College Plaza Development Company within the time requested. No written response was received from Turner Development Corporation. James Hogan, Vice President of Turner Development, did advise by telephone that Turner wished to stand by the offer as submitted and that a letter to this effect would be provided. To date no written response has been received. Because the Turner offer contained several conditions which violated the terms of the Prospectus, and those conditions were not removed, the Turner proposal was not given further consideration. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I z Upon receipt of the clarification responses from the other two offerors, the staff and consultants again reviewed the available information contained in the original proposals, as modified or supplemented by the clarification information. Because of the importance of Armstrong's Department Store to both proposals, telephone conversations occurred between the City Manager and Alan Peremsky, Armstrong's president, to clarify Armstrong's position regarding rent levels, space allocations, and other matters. Based on this review of the clarification responses, the staff, Glaves, and Zuchelli, Hunter and Associates identified several concerns with respect to the information submitted by College Plaza Development Company. Will Baumann of the Zuchelli firm initially discussed these concerns with representatives of College Plaza, including its accountant, Byron Ross. Following this discussion, the staff determined that a meeting with representatives of College I Plaza was essential in order to discuss in detail the staff's questions concerning the cost, space allocation, and revenue information provided by College Plaza. As a result of this meeting, a letter was sent to the College Plaza Development Company requesting that the allocation of retail space be reduced to comply with the Prospectus, and that revised financial projections be provided. Following the receipt of this information, the review team again met to evaluate the information available from Plaza Towers Associates and College Plaza Development Co./Nigh Country Corp. The review of the competing proposals, based on the criteria set forth in the Prospectus, resulted in the identification of relative strengths and weaknesses in both proposals. Neither proposal was demonstrably superior in all respects. On a criterion by criterion basis, many of the staff conclusions were mixed, favoring one proposal based on one criterion, and the other proposal based on another criterion. Following a full discussion of all the available information, the staff review team was asked to comment on which offer was considered superior, considering all factors. The staff consensus clearly was in favor of Plaza Towers Associates. Accordingly, it is recommended that Plaza Towers Associates be designated the preferred developer of Block 64, subject to the additional recommendations set forth below. This recommendation is concurred in by Zuchelli, Hunter and Associates, and by Paul Glaves, Ames Engineering and Testing Company. The development of this recommendation on a criterion by criterion basis follows. MICROFILMEO BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES S711P M " U 91 SECTION 2: DETAILED PROPOSAL EVALUATION I. EVALUATION OF DEVELOPMENT PLANS A. Compatibility with Standards, Objectives, and Controls Set Forth in Urban Renewal Plan and the Prospectus. Both the College Plaza and Plaza Towers proposals contribute to the attainment of the following objectives from the Urban Renewal Plan: - To strengthen central Iowa City as the retail trade business, financial, administrative, governmental, educational, and cultural center of the area. - To strengthen the economic well-being of the central area and the City by increasing retail activity, taxable values, and job opportunities. - To establish a pattern of land use activities arranged in compact, compatible groupings so as to enhance their efficiency of operation and economic inter -relationships. - Allow for a hotel -conference center designed to meet the demands for transient housing in downtown Iowa City. iB. Quality and Creativity of the Proposed Developments. 1. Site Plan: Plaza Towers is adjudged superior on the basis that the main entrance to the hotel, department store, and the retail shops is centrally located near the focal point of downtown, Governor Lucas Square. College Plaza has the main entrance to only the department store located at the focal point, whereas the main hotel entrance is on Linn Street. The orientation of the College Plaza development to the new library is superior, however. 2. Building Appearance and Materials: Either project would be a desirable addition to the appearance of downtown Iowa City. The Plaza Towers Project presents a more striking design, but also generates more controversy due to its greater height and the proposed use of a glass exterior. MICROFILMED BY JORM MIC R+LAB CEDAR RAPIDS • DES MOINES ?14 i 91 SECTION 2: DETAILED PROPOSAL EVALUATION I. EVALUATION OF DEVELOPMENT PLANS A. Compatibility with Standards, Objectives, and Controls Set Forth in Urban Renewal Plan and the Prospectus. Both the College Plaza and Plaza Towers proposals contribute to the attainment of the following objectives from the Urban Renewal Plan: - To strengthen central Iowa City as the retail trade business, financial, administrative, governmental, educational, and cultural center of the area. - To strengthen the economic well-being of the central area and the City by increasing retail activity, taxable values, and job opportunities. - To establish a pattern of land use activities arranged in compact, compatible groupings so as to enhance their efficiency of operation and economic inter -relationships. - Allow for a hotel -conference center designed to meet the demands for transient housing in downtown Iowa City. iB. Quality and Creativity of the Proposed Developments. 1. Site Plan: Plaza Towers is adjudged superior on the basis that the main entrance to the hotel, department store, and the retail shops is centrally located near the focal point of downtown, Governor Lucas Square. College Plaza has the main entrance to only the department store located at the focal point, whereas the main hotel entrance is on Linn Street. The orientation of the College Plaza development to the new library is superior, however. 2. Building Appearance and Materials: Either project would be a desirable addition to the appearance of downtown Iowa City. The Plaza Towers Project presents a more striking design, but also generates more controversy due to its greater height and the proposed use of a glass exterior. MICROFILMED BY JORM MIC R+LAB CEDAR RAPIDS • DES MOINES ?14 e 4 3. Land Use Relationships: The Plaza Towers project is adjudged superior in that it places the main entrances to all phases of the development in very close proximity to the focal point of downtown. It thus integrates better into the basic strategy of an anchor facility at each end of College Street which encourages the flow of pedestrian traffic throughout the downtown core. 4. Landscaping Both proposals are adjudged similar in this category. 5. Accessibility The Plaza Towers proposal is superior in regards to both vehicular and pedestrian circulation. The Dubuque Street orientation of the hotel lobby in the Plaza Towers proposal eliminates the need for the secondary ramp exit on Linn Street and the troublesome vehicle flows from the ramp to the lobby pull -in at Linn and College Streets. A Dubuque Street lobby orientation eliminates the need for the Linn Street exit and the operating or equipment costs caused by such extra exit. The Plaza Towers proposal is also clearly superior in its integration of horizontal pedestrian flows between the hotel and the ramp, and its mitigation of conflicts between cars and pedestrians within the ramp. The Plaza Towers proposal places the horizontal connections adjacent to the elevators in the ramp. The College Plaza proposal places the connections in the center of the ramp, within the sloping floor portion of the parking and driving bays. This necessitates that all pedestrians walk from the elevators, down or up the sloping driving lanes, to the connection to the hotel/department store development. The screened, interior loading facilities shown by the College Plaza proposal only minimally meet the requirements of the Prospectus. While the architectural details are at this stage somewhat sketchy, it is clear that the location of receiving facilities at the southwest corner of the site presents truck backing movements which are difficult at best. The Plaza Towers proposal, with the sawtooth bays off the private alley, clearly addresses these provisions in a superior manner. MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS • DES MOINES M 0 5 W C. Probability of Achieving Market Acceptance These proposals must be compared and evaluated on their probability of achieving acceptance in four separate markets: 1. Small Shop Retail Market Plaza Towers is viewed as superior in probability of achieving acceptance in the market composed of small retail business establishments. College Plaza proposes the construction of 30,000 square feet for small retail establishments, while Plaza Towers proposes to construct less than half this amount (8,614 square feet in Hotel Phase and 3,771 square feet in Retail Phase, for a total of 12,385 square feet overall). There are two serious disadvantages in the College Plaza proposal. First, there is greater risk in attracting this larger amount of small shop retail space. To the degree that leasing efforts are not successful or prompt, the project income stream is threatened, which would negatively impact on the marketability of industrial revenue bonds. Second, and of greater concern, is that the size of the College Plaza proposal could threaten the existing downtown market of small shops. In comparison to the Plaza Towers proposal, College Plaza presents a substantially increased probability of overbuilding of small retail shops downtown, to the detriment of existing buildings in the central business district serving this market. 2. Department Store Market At this point the only department store to consider in this regard is Armstrong's of Cedar Rapids. Plaza Towers has a letter demonstrating Armstrong's intent to participate as a tenant in their project. Further, Armstrong's has given preliminary approval to the anticipated design and space allocation developed by Plaza Towers for the department store. Further, Plaza Towers proposes a department store 15,000 square feet greater in size than College Plaza. It is the staff's judgment that this greater size will result in a stronger retail anchor on the east side of Governor Lucas Square, thereby enhancing the attractiveness of the downtown core to area shoppers. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOI LIES 97F 6 3. Hotel User Market It is the judgment of staff that the probability of a hotel achieving market acceptance in downtown Iowa City is a function of three primary factors: room rates, facility quality and the quality of hotel management. With respect to the first two factors, staff is unable to discern any significant difference between the two proposals. The sizes of the two proposed hotels are similar (150 rooms for College Plaza; 158 rooms for Plaza Towers), as are the estimated project costs ($7.25 million for College 9 for wers). The restaurant,lounge, onazTo conferenceandother hotel components also appear to be largely comparable. Staff therefore has concluded that room rates and facility quality can be expected to be very similar regardless of which hotel project is ultimately developed. College Plaza appears to have a clear advantage over Plaza Towers in that High Country Corporation of Denver is certain to be the operator as well as the developer of the hotel facility. Staff has found High Country to be a well-qualified organization with an impressive track record in hotel devblopment and management. By way of comparison, Plaza Towers has given no indication as to who would be the managing entity of its hotel facility. Plaza Towers has committed, however, to have a hotel management agreement completed by August 30, Additionally, the terms of this offering (Prospectus, page 20) protect the City by assuring that any developer would be required to obtain quality hotel management prior to issuance of the industrial revenue bonds. Nevertheless, College Plaza must be rated superior on the criterion of hotel management. On balance, it is the staff's belief that the involvement of High Country gives College Plaza a betterhbitthan Plaza Towers of achieve market acceptance among hotel ing a hotelthat will hotel customers. q. Bond Market The probability of achieving market acceptance of the industrial revenue bonds for the project is a factor of the utmost importance to the City. This is stated in the Prospectus at page 19: "In evaluating any Revenue Bond Proposal, the City shall consider of MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES M .'' I D tl paramount importance the high likelihood of bond sale at favorable interest cost and the minimum possibility for default." It belabors the obvious to state that achieving marketability of the industrial revenue bonds is a condition precedent to the redevelopment of Block 64. j On this crucial factor, the probability of achieving market acceptance for the industrial revenue bonds, the staff has adjudged the Plaza Towers proposal to be superior. Some of the reasons supporting this conclusion appear in Section 2, Part III(B) of this memorandum. At this point, however, the staff's judgment is based on a clear distinction between the competing proposals. The Plaza Towers retail phase bond issue would be principally secured by the rental income derived from a single lessee, Armstrong's. All indications are that Plaza Towers can proceed expeditiously to secure an executed leasehold agreement with Armstrong's. Upon the execution of said agreement, Plaza Towers will immediately possess the means to begin satisfying potential bond buyers that it has an income stream fully capable of securing the bond issue. In contrast, College Plaza is in a considerably weaker position. College Plaza has indicated that only approximately half of its income stream for the shopping mall project will come from the department store lease. Essentially, one- half of College Plaza's rental income will be derived from the lease of 30,000 square feet to small shops. From the standpoint of obtaining the necessary lease j commitments sufficient to satisfy bond buyers, College Plaza would have the very difficult task of securing a number of small shop leases in addition to any difficulties in securing the department store lease. In light of College Plaza's lack of experience in the marketing and leasing of retail space, there could be delays prior to the execution of the necessary quantity of leasehold agreements, and thus delays in the capability of issuing industrial revenue bonds. D. The Timeliness of the Proposed Construction Schedules Set forth below in summary form are the respective construction schedules of the two developers: RETAIL PHASE MICROFILMED BY JORM MICR;LAB CEDAR RAPIDS • DES MOINES M Submit Detailed Financial Information Conveyance of Title Preliminary Design Plans Construction Plans Start Construction Complete Construction Plaza Towers College Plaza September 30, 1980 July 1, 1980 November 30, 1980 November 1, 1980 June 23, 1980 July 1, 1980 October 31, 1980 September 1, 1980 March 1, 1981 November 1, 1980 March 1, 1983 March, 1982 HOTEL PHASE Plaza Towers College Plaza Submit Detailed Financial Information September 30, 1986 December 1, 1980 Hotel Management Agreement August 30, 1980 December 1, 1980 Conveyance of Title November 30, 1980 N/A Preliminary Design Plans June 23, 1980 December 1, 1980 Construction Plans October 31, 1980 February 1, 1981 Start Construction March 1, 1981 April 1, 1981 Complete Construction March 1, 1983 October, 1982 It is the judgment of staff that Plaza Towers has a more realistic schedule for both project phases. Plaza Towers in each case allows over 4 months between submission of preliminary deisgn plans and submission of construction plans. College Plaza allows only 60 days in each case. Since the City reserves 40 days for review and approval of the preliminary design plans, College Plaza's use of only a 60 day interval between preliminary design and construction plans appears to be as unrealistic. Plaza Towers' 4 month estimate is likely to be more accurate. Of even greater import, however, is comparison of the dates used for submission of detailed financial information to support the issuance of industrial revenue bonds. It is obvious that neither project can proceed very far until the financial information submitted results in a MICROFILMED BY JORM MICR+LAE] CEDAR RAPIDS • DES MOIIIES 87F I 1 Submit Detailed Financial Information Conveyance of Title Preliminary Design Plans Construction Plans Start Construction Complete Construction Plaza Towers College Plaza September 30, 1980 July 1, 1980 November 30, 1980 November 1, 1980 June 23, 1980 July 1, 1980 October 31, 1980 September 1, 1980 March 1, 1981 November 1, 1980 March 1, 1983 March, 1982 HOTEL PHASE Plaza Towers College Plaza Submit Detailed Financial Information September 30, 1986 December 1, 1980 Hotel Management Agreement August 30, 1980 December 1, 1980 Conveyance of Title November 30, 1980 N/A Preliminary Design Plans June 23, 1980 December 1, 1980 Construction Plans October 31, 1980 February 1, 1981 Start Construction March 1, 1981 April 1, 1981 Complete Construction March 1, 1983 October, 1982 It is the judgment of staff that Plaza Towers has a more realistic schedule for both project phases. Plaza Towers in each case allows over 4 months between submission of preliminary deisgn plans and submission of construction plans. College Plaza allows only 60 days in each case. Since the City reserves 40 days for review and approval of the preliminary design plans, College Plaza's use of only a 60 day interval between preliminary design and construction plans appears to be as unrealistic. Plaza Towers' 4 month estimate is likely to be more accurate. Of even greater import, however, is comparison of the dates used for submission of detailed financial information to support the issuance of industrial revenue bonds. It is obvious that neither project can proceed very far until the financial information submitted results in a MICROFILMED BY JORM MICR+LAE] CEDAR RAPIDS • DES MOIIIES 87F D 9 bond sale. Plaza Towers appears to realize the necessary components of this financial information, including the following crucial element: "leasing performance in the form of signed leases sufficient to secure bond buyers' debt." Plaza Towers indicated this information would be submitted for both phases by September 30, 1980, or a period of just over 5 months. The staff believes this is a reasonable prediction concerning the department store (see above information in Section II, Part C(2)), and believes this is a reasonable prediction for the 12,385 square feet of small shops, in light of Plaza Towers' retail marketing and leasing experience and this relatively small amount of small shop retail to be leased. The Plaza Towers estimate concerning submission of detailed financial information concerning the hotel phase may be on the optimistic side, however. College Plaza may not fully understand the necessary component of the financial data or the implications of this submission on their entire project. Simply stated, the problem as staff sees it is that College Plaza cannot possibly secure the necessary signed leases to the department store and the 30,000 square feet of small shop retail by July 1, 1980, or in just over 2 months from now. In fact, College Plaza does not even have on board a shopping center leasing agent, and does not appear to have such experience elsewhere in their present organization. Taking this together with the concerns expressed above in Section 2, Part C(1 & 4), the staff believes that a July 1, 1980 submission date for College Plaza's financial information is far too optimistic. E. The Price Offered and Terms Each developer has proposed a land purchase price of $250,000. With respect to basic terms, College Plaza did make its redevelopment proposal subject to, and contingent upon, the availability of industrial revenue bond financing (see Exhibit A attached to Redeveloper's Statement of Qualifications and Financial Responsibility). Plaza Towers, however, does not make its proposal subject to industrial revenue bond financing. Plaza Towers instead states on page 41 of its proposal that it is interested in utilizing said financing and desires the City's cooperation "to arrange Industrial Revenue Bonds for each phase of the development, in the event that conventional financing is not available." MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES 8 Zr 11 10 F. Potential Tax Return to the City There seems to be no difference between the two proposals on this criterion. College Plaza has a total project cost, exclusive of leasehold improvements, of $12,618,400 ($5,368,400 retail and $7,250,000 hotel). Plaza Towers has • a total project cost, exclusive of leasehold improvements, of $12,400,000 ($7,900,000 hotel and $4,500,000 retail). It thus appears safe to assume that the ultimate assessed valuation of both projects would be very similar. II. EVALUATION OF THE DEVELOPERS' EXPERIENCE AND QUALIFICATIONS A. The Success of Previous Development Efforts: The key members of Plaza Towers Associates have successfully undertaken, as a developer, three major projects in Iowa City: Plaza Centre One is complete; Capitol House, the elderly housing development, is nearing completion; and Old Capitol Center is under construction and proceeding. The members of College Plaza Development Company have design and construction experience, but do not have any experience as developers of projects of this magnitude. High Country Corporation, as a hotel developer, does possess sound experience in the development and management of hotels. On balance, the record of Plaza Towers Associates is superior in this regard, particularly in the local retail market. B. Public Acceptance of Previous Development, in Terms of Design, Timing of Work, and Functional Relationships. There is generally good public acceptance of previous development undertaken by the principals of Plaza Towers Associates, and of projects designed or constructed by the principals of the College Plaza Development Company. In relation to project timing, there has been some dissatisfacLion regarding adherence to schedules by members of both offeror groups. Because in certain instances where there have been delays, members of both offerors were jointly involved, it is not possible for staff to precisely identify the causes of the i delays. In the staff's judgment, both offerors are substantially equal in this category. j C. Reputation in Regard to Character, Integrity, Judgment, and Competence, j MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 11 i i 10 F. Potential Tax Return to the City There seems to be no difference between the two proposals on this criterion. College Plaza has a total project cost, exclusive of leasehold improvements, of $12,618,400 ($5,368,400 retail and $7,250,000 hotel). Plaza Towers has • a total project cost, exclusive of leasehold improvements, of $12,400,000 ($7,900,000 hotel and $4,500,000 retail). It thus appears safe to assume that the ultimate assessed valuation of both projects would be very similar. II. EVALUATION OF THE DEVELOPERS' EXPERIENCE AND QUALIFICATIONS A. The Success of Previous Development Efforts: The key members of Plaza Towers Associates have successfully undertaken, as a developer, three major projects in Iowa City: Plaza Centre One is complete; Capitol House, the elderly housing development, is nearing completion; and Old Capitol Center is under construction and proceeding. The members of College Plaza Development Company have design and construction experience, but do not have any experience as developers of projects of this magnitude. High Country Corporation, as a hotel developer, does possess sound experience in the development and management of hotels. On balance, the record of Plaza Towers Associates is superior in this regard, particularly in the local retail market. B. Public Acceptance of Previous Development, in Terms of Design, Timing of Work, and Functional Relationships. There is generally good public acceptance of previous development undertaken by the principals of Plaza Towers Associates, and of projects designed or constructed by the principals of the College Plaza Development Company. In relation to project timing, there has been some dissatisfacLion regarding adherence to schedules by members of both offeror groups. Because in certain instances where there have been delays, members of both offerors were jointly involved, it is not possible for staff to precisely identify the causes of the i delays. In the staff's judgment, both offerors are substantially equal in this category. j C. Reputation in Regard to Character, Integrity, Judgment, and Competence, j MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 11 Members of both development groups are well known and respected within the community and professionally, The staff can find no factual basis to make a distinction in this category. D. Similarity Between Previous Projects and the Proposed Iowa City Project in Terms of Scale, Character and Location. The principals of Plaza Towers Associates have undertaken three projects in Iowa City which are roughly analagous to the development proposed. A clear distinction is somewhat blurred by the fact, however, that principals of both offerors have been jointly involved with previous developments: e.g., on Plaza Centre One, Old Capitol served as developer, HLM served as architect, and Viggo Jensen Co. served as general contractor. As a unified development entity, however, the College Plaza Development Co. has not previously been in existence. High Country Corporation has served as developer of hotels of comparable size and scale. Both architectural firms have completed projects of this scale, although Harry Weese Associates has completed a larger number of commercial or hotel projects of this scale. It is the staff's conclusion that the proposal by Plaza Towers Associates demonstrates greater experience with commercial developments of this scale and character. High Country possesses the greatest hotel experience. E. Demonstrated Ability to Work with the dublic Sector. The principals of Plaza Towers Associates have worked closely with the City of Iowa City since prior to 1973 on Urban Renewal issues. They have undertaken three major developments as part of the program. The principals of College Plaza Development Company have also in the past had dealings with the City of Iowa City, as retained architects, as successful bidders on construction projects, and in other capacities. High Country Corporation has undertaken public/private cooperative projects in both Pueblo and Sterling, Colorado. The staff considers both developers to have the abiliLy to work with the public sector, and can make no distinction in this regard. III. EVALUATION OF IMPLEMENTATION ABILITY j A. Experience of the Principals and Key Staff which will be involved in Iowa City, in Carrying out Projects of Similar Scale and Character. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 871 12 The key areas of concern in this regard are development manage- ment, development financing, leasing experience, architectural cost control, architectural code compliance, construction management and hotel management. There are relative strengths and weaknesses in both cases. The principals of Plaza Towers Associates have successful experience in development management, financing, and leasing, with projects considerably more complex than this development. The development team identified by the College Plaza Development Company does not possess experience in these areas. High Country Corporation has extensive experience as developers and managers of hotels. As both owner and manager of the proposed hotel, they would offer substantial experience and a good record in this regard. The members of Plaza Towers Associates do not possess experience in hotel development or management. While the Prospectus does contain provisions requiring a hotel management agreement prior to sale of bonds, which will adequately protect the City, the managing agent for the Plaza Towers Associates proposal is unknown at this time. However, the specific franchise has not been committed to in either case. Plaza Towers Associates has identified Sheraton as the probable franchise, and High Country has identified either Sheraton, Hilton or Holiday Inn as the likely franchise. Both offerors have included in their proposals the use of reputable architectural firms. The City staff has had extensive dealings in the past with Hansen Lind Meyer. This experience has been both good, and at times, troublesome. The City staff has not had experience with Harry Weese Associates. The staff would expect that in any project of this scale and complexity, design problems, cost control, building code provisions, developer expectations, and tenant requirements, would interact to result in some differences of opinion, and other problems, regardless of the architectural firm involved. While the Weese firm is larger and does have experience on a greater number of large scale commercial projects, the staff considers both architectural firms to be acceptable and can make no distinction in this regard. The College Plaza group possesses a stronger construction management experience due to the participation of the Viggo Jensen Co. Plaza Towers has not designated a construction manager, but did indicate that they would internally serve as general contractor. The Viggo Jensen Co., as an experienced general contractor, has extensive construction management experience on projects where it has been general contractor. The principals of Plaza Towers Associates have used retained construction managers, and are not totally without experience, but do not possess the level of construction management experience of the Viggo Jensen Co. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES M 13 Overall, it is the staff's judgment that the development team proposed by Plaza Towers Associates is the stronger from an experience standpoint. This is because, in the staff's Judgment, the front-end development activities relating to project management, financial planning, leasing, and bond sale are critical to the success of these developments. Plaza Towers Associates has a strong record in this regard, particularly as it would relate to the department store, and the retail portion of the hotel development. High Country Corporation's direct experience in hotels is superior, however. On balance, as it impacts the successful execution of both the hotel project and the department store project, the staff has concluded that Plaza Towers Associates possess the stronger experience. B. Availability of sufficient financial resources to assume the necessary development and managerial responsibilities, including the availability and liquidity of working capital and required equity. i From the standpoint of the probability of project success, the staff and consultants consider this factor to be the most significant. The primary concerns were set forth in the Prospectus at page 18, as follows: "Accordingly, the City shall limit its consideration to those Revenue Bond Proposals which contain reasonable equity requirements, mortgage duration, debt security, and other terms and conditions which are at least substan- tially equal to the terms and conditions available in the private mortgage market. In evaluating any Revenue Bond Proposal, the _City shall consider of a�ramoount imeortance the hiQhh 1 kelihoad of bond sae at aP vorable interest cost and the m n mum poss�{li_,y fofor defau t. A complex mix of interacting factors must be considered in the evaluation of project feasibility. These factors include construction costs, interest cost, bond issue terms in years, bond issue coverage requirements, the ratio of equity to debt, rents and hotel revenue, and other specific lease provisions. The competing offerors, and the City Staff and consultants are forced to make assumptions and projections based on a very fluid and rapidly changing financial climate. For this reason, the preparation of financial information, and the evaluation of that information, cannot be cast in absolute terms. The information can, however, be evaluated in relative terms, and judgments regarding the probability of success can be made. i I 97P" MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 14 The initial proposals submitted by both offerors were not sufficiently detailed regarding financial information for the staff to complete a full evaluation. Additional information was requested by letters on April 11, and responses were received on April 15. The evaluation of this information, and of additional information subsequently requested, led the staff and consultants to several key distinctions between the competing offers, as follows: The pro -forma financial statements provided by Plaza Towers Associates in their letter dated April 15 demonstrated financial feasibility of high probability with revenues which provide debt service coverage of 1.25, reasonable rent levels, and an overall equity contribution of 27%. Plaza Towers proposes to raise equity through the sale of limited partnership shares, as was done for Plaza Centre One, Capitol House, and Old Capitol Center. Because the timing of the equity contribution was not clear, the staff requested and received a letter dated April 18, which committed that the equity will be raised no later than December 31, 1980, or will be provided at that time by the existing principals. The cost information and other financial information submitted on April 15 by the College Plaza Development Company contained discrepancies, in the opinion of staff, Glaves, and Zuchelli, Hunter and Associates. The equity contribution for the shopping mall phase was composed exclusively of the leasehold improvements of the department store. Even counting the leasehold improvements, the proposed level of equity was only 12%. Actual cash equity by the owners was proposed to be zero. Projected debt service requirements appeared to require unreasonably high rent levels, based on the size of the bond issue and the available leasable area. To obtain further clarification the staff met with representatives of the developer on April 17. As a result of this meeting, staff, requested that the retail area be reduced to conform to the Prospectus, and that the costs and financial data be revised so as to be consistent with the architectural plans. A revised building floor plan and revised financial pro - forma was submitted to the City on April 23. 2. On the basis of the final submissions of financial data by both parties, the relative merits of the two competing proposals were again reviewed. Two major differences remained, as follows: MICROFILMED BY JORM MIC Rl�LAB CEDAR RAPIDS •DES FIOIIIEB 15 a. Debt security: Projected revenues from the department store and associated retail area in the Plaza Towers proposal provide 125% coverage of debt service requirements. The staff considers a 1.25 coverage to be necessary for the adequate assurance of a favorable bond sale. The proposal from the College Plaza Development Company projects revenues which fall short of this required coverage by approximately $65,000 per year. Some or all of this shortfall might be available from percentage rents above the base rents, but this possibility does not provide particularly secure revenues for bond issue purposes. The security for the bonds would come almost exclusively from the Armstrong's lease in the case of Plaza Towers Associates. In the College Plaza proposal, only 50% of the revenues would come from the department store, leaving 50% to be secured by a variety of small shop leases. These small shop leases would be expected to be of shorter duration and less stability. b. Equity contribution: The staff has been advised by Paul Speer, t e ty's municipal finance consultant, that a 25% equity contribution is usually necessary for a developer seeking industrial revenue bond financing. Speer advised that a 25% equity position has the desirable effects of increasing the marketability of the bonds and placing a downward influence on the interest rate to be applied, thus improving project feasibility. With respect to the hotel portions of each proposal, the staff finds no major difference in the level of equity proposed. Both developers indicate that approximately 25% equity will be contributed. However, in the case of the retail portions of each proposal, a major difference remains, as described below. On a total owners' equity basis, counting both cash and deferred expenses of the principals, Plaza Towers Associates would have a 21% equity position in the retail phase, compared to 11% equity in the case of College Plaza Development Company. When deferred costs are considered liabilities to be covered from cash flow, rather than equity, the comparable numbers become more disparate. Nearly half of the College Plaza equity shown is deferred fees, while only MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES i 16 approximately one-fourth of the Plaza Towers equity shown would come from deferred fees. When leasehold improvements of $1,000,000 are included 100% as equity, as suggested by College Plaza, their equity would increase to 25% of total project plus leasehold costs. However, allowing Plaza Towers Associates to make the same calculation, yields an increase in their equity to 36% of gross costs for the retail project. The basic approach to equity requirements by Plaza Towers Associates is to consider bond capacity fixed by available revenues with adequate coverage. The balance needed is the equity requirement. (See April 15 clarification letter, pages 7-9.) . The equity position of the College Block development company was set forth in their letter of April 17, which stated, "If necessary, the Redeveloper would make a capital contribution to the retail phase of the project of up to 25% of the cost of the completed project. In such cost and equity amounts, leasehold and all other permanent improvements to the project would be considered. This commitment is subject to the necessity thereof in order to sell the industrial revenue bonds to finance the project, and also the financial feasibility thereof at the time the level of such contribution would be determined. As was mentioned to you, we feel that a return on equity, as well as the servicing of debt, must be present in this project. As you are aware, several of the College Plaza partners are contractors of substantial size in various phases of building construction. Preservation of a strong cash position is extremely important to them for bonding purposes, and it is therefore our desire to utilize industrial revenue bond financing to the maximum extent reasonably possible. This should certainly not, however, be construed as lack of dedication to the completion of the project." This is normally a reasonable position for investors to take. Nonetheless, this position weakens the financial viability of this project should interest costs be higher than expected, construction costs be higher than expected, bond term be shorter than projected, or revenues be lower than expected. 819 MICROFILMED BY JORM MICR;LAS CEDAR RAPIDS • DES MOINES V D v Based on these factors, the staff considers the Plaza Towers Associates proposal to be significantly superior for the department store portion of the development. Both projects are substantially equal for the hotel portion of the proposal. These evaluations are based on the probability of financial success as defined in the Prospectus, pages 18-19. SECTION 3: STAFF RECOMMENDATIONS 1. That the City Council adopt a resolution on April 29, 1980, designating Plaza Towers Associates as the preferred developer of Urban Renewal Parcel 64-1. 2. That the City Council authorize and direct the staff to proceed as rapidly as possible to negotiate a Contract for the Sale of Land for Private Redevelopment. 3. That the City Council insist that said Contract be executed as soon as possible, preferably in 60 days, and in no event longer than the 120 day period specified in the Prospectus, page 22. 4. That the City Council require that Plaza Towers Associates submit to the City their executed hotel management agreement prior to City Council approval of the Contract for the Sale of Land for Private Redevelopment. 5. That the College Plaza Development Company/High Country Corporation proposal not be formally rejected by the City Council, but rather that said proposal shall be held open, valid and irrevocable for the period as specified in said offer and the Prospectus, page 25. 6. That the City Council indicate its expectation that Plaza Towers Associates will obtain Federal Aviation Administration approval of the hotel building height, or that said height will be reduced to comply with FAA requirements. 7. That the City Council anticipates that some building code problems may occur due to the need to interface the new development with the adjacent parking ramp, and that the City Council insist that Plaza Towers Associates cooperate to the fullest in helping to remedy said problems expeditiously. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ?71 M low" City, Iowa, April 29, 1980. / The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, in Iowa City, Iowa, at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John Balmer, Mayor, presiding, and on roll call the following Council Members were present: Absent: -1- MICROFILMED BY JORM MICRl�LAB CEDAR RAPIDS • DES MOINES 979 { Matters were discussed relative to the request from Plaza Retail Associates, a joint venture, regarding the issuance of not to exceed $5,000,000 in aggregate principal amount of the City's Industrial Development Revenue Interim Bonds (Plaza Retail Associates Project) and not to exceed $5,000,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Plaza Retail Associates Project). Following an explanation of the proposed Project by representatives of said Company and a discussion of the proposal, Council Member introduced the following Resolution in written form and moved its adoption. Council Member seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: NAYS: The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk., and was declared to be effective. The Resolution is as follows: -2- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES 8 �9 I Matters were discussed relative to the request from Plaza Retail Associates, a joint venture, regarding the issuance of not to exceed $5,000,000 in aggregate principal amount of the City's Industrial Development Revenue Interim Bonds (Plaza Retail Associates Project) and not to exceed $5,000,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Plaza Retail Associates Project). Following an explanation of the proposed Project by representatives of said Company and a discussion of the proposal, Council Member introduced the following Resolution in written form and moved its adoption. Council Member seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: NAYS: The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk., and was declared to be effective. The Resolution is as follows: -2- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES 8 �9 5'' RESOLUTION NO. A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $5,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE INTERIM BONDS (PLAZA RETAIL ASSOCIATES PROJECT) AND NOT TO EXCEED $5,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (PLAZA RETAIL ASSOCIATES PROJECT) OF THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City") is a municipal corporation organized and existing under the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue Indus- trial Development Revenue Interim Bonds and Industrial Development Revenue Bonds, and loan the proceeds from the sale of said Interim Bonds and said Bonds'to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping land, buildings and improvements suitable for use as commercial enterprises con- sisting of retail and commercial facilities which the City finds is consistent with the urban renewal plan adopted by the City, pursuant to the Act and Chapter 403, Code of Iowa; and WHEREAS, the City has been requested by Plaza Retail Associates, a joint venture (hereinafter referred to as the "Company"), to authorize and issue its Industrial Development Revenue Interim Bonds (the "Interim Bonds") pursuant to the provisions of the Act for the purpose of temporarily financing all or a portion of the cost of the acquisition of land within the City of Iowa City, Iowa and construction and equipping of -3- MICROFILMED BY JORM MICR;LAB CEDAR RAPIDS DES MOINES buildings and improvements thereon suitable for use as commer- cial enterprises consisting of retail and commercial facilities (hereinafter referred to as the "Project"); and WHEREAS, the City has been requested by the Company, to authorize and issue its Industrial Development Revenue Bonds (the "Bonds") pursuant to the provisions of the Act for the purpose of permanently financing all or a portion of the cost of the acquisition, construction, improving and equipping of the Project located within the City of Iowa City, Iowa; and WHEREAS, said Interim Bonds, when issued, will be issued to temporarily finance the Project in anticipation of the issuance by the City of said Bonds, the proceeds of which, when issued, will be used to permanently finance the Project; and WHEREAS, said Project is located within the area of and is consistent with and authorized by the Project No. Iowa R-14 Urban Renewal Plan, adopted by the City, and will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment oppor- tunities for residents of the City and the surrounding area; will enhance the tax base of the City and overlapping taxing jurisdictions and will provide and induce other public benefits which will add to the welfare and prosperity of the City and its inhabitants; and WHEREAS the City has determined that the amount necessary I to defray all or a portion of the cost of acquisition, con- struction, improving and equipping the Project, including necessary expenses incidental thereto, will require the -4- 77 I MICROFILMED BY JORM MICR+LAEI CEDAR RAPIDS • DES MOINES D issuance by the City of not to exceed $5,000,000 aggregate principal amount of its Industrial Development Revenue Interim Bonds and not to exceed $5,000,000 aggregate principal amount Of its Industrial Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a Iran Agreement between the City and Company pursuant to which loan payments will be made by the Company in amounts sufficient to pay the principal of and interest and premium, if any, on said Interim Bonds and said Bonds, as and when the same shall be due; and WHEREAS, the Interim Bonds and Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Interim Bonds and the Bonds shall be payable solely out of the revenues derived from the Project to be financed by the Interim Bonds and the Bonds; and WHEREAS, regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended, may require that the Issuer of such Interim Bonds and such Bonds adopt a Resolution with respect to such Interim Bonds and such Bonds or take "some other similar official action" toward the issuance of such Interim Bonds and such Bonds prior to the commencement of -5- p�q _.....__._.._.:.._ O 7/ MICROFILMED BY JORM MICR+LAE1 CEDAR RAPIDS • DES MOIIIES I i I i issuance by the City of not to exceed $5,000,000 aggregate principal amount of its Industrial Development Revenue Interim Bonds and not to exceed $5,000,000 aggregate principal amount Of its Industrial Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a Iran Agreement between the City and Company pursuant to which loan payments will be made by the Company in amounts sufficient to pay the principal of and interest and premium, if any, on said Interim Bonds and said Bonds, as and when the same shall be due; and WHEREAS, the Interim Bonds and Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Interim Bonds and the Bonds shall be payable solely out of the revenues derived from the Project to be financed by the Interim Bonds and the Bonds; and WHEREAS, regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended, may require that the Issuer of such Interim Bonds and such Bonds adopt a Resolution with respect to such Interim Bonds and such Bonds or take "some other similar official action" toward the issuance of such Interim Bonds and such Bonds prior to the commencement of -5- p�q _.....__._.._.:.._ O 7/ MICROFILMED BY JORM MICR+LAE1 CEDAR RAPIDS • DES MOIIIES I D construction or acquisition relating to the proposed Project, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the. Interim Bonds and the Bonds within the meaning of said federal income tax regulations; and WHEREAS, there has been presented to the Council a Memo- randum of Agreement, attached hereto as Exhibit "A" which sets forth certain mutual undertakings and agreements between the City and Company, relating to the further processing and issu- ance of said Interim Bonds and said Bonds, and the City believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the City; and NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. The City recognizes that regulations promul- gated under Section 103 of the Internal Revenue Code of 1954, as amended, may require the taking by this City Council of official action or "some other similar official action", if interest on Industrial Development Revenue Interim Bonds and Industrial Development Revenue Bonds issued by the City and used to acquire, construct, improve and equip such project is to be exempt from federal income taxes. In order to preserve such exemption, this Resolution is intended to constitute -6- MICROFILMED BY JORM MICFI+LA6 CEDAR RAPIDS • DES MO IBES D solely for federal income tax purposes official action or "some other similar official action" with respect to the issuance of such Interim Bonds and such Bonds. Section 2. That in order to assure the acquisition, construction, improvement and equipping of these commercial facilities in the City of Iowa City, Iowa, with the resulting public benefits which will flow from the operation thereof, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit "A", be approved and that the Mayor of the City be and hereby is authorized and directed to execute said Memorandum of Agreement and the City Clerk of the City be and hereby is authorized to attest the same and to affix the seal of the City thereto and said Memorandum of Agreement is hereby made a part of this Resolution. Section 3. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and advances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement from the proceeds of the Interim Bonds and the Bonds when and if delivered, but otherwise without liability on the part of the City. -7- F 7% i MICROFILMED BY JORM MICR+L %8 CEDAR RAPIDS DES MOVIES Section 4. That officials of the City are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Ag re em en t . Section 5. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved, April 29, 1980. City of Iowa City, Iowa (SEAL) John Balmer, Mayor Attest: Abbie Stolfus, City Clerk -8- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i Y7 t CLERK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all 'the corporate records showing the action taken by the City Council of said City at a meeting open to the public on April 29, 1980, regarding the issuance of not to exceed $5,000,000 aggregate principal amount of Industrial Development Revenue Interim Bonds (Plaza Retail Associates Project) and not to exceed $5,000,000 aggregate principal amount of Industrial Development Revenue Bonds (Plaza Retail Associates Project) of the City of Iowa City, Iowa, and authorizing execution of a Memorandum of Agreement; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (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, Iowa Code, and 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. Witness my hand and the Corporate Seal of said City hereto affixed this day of April, 1980. (SEAL) Abb a Stolfus, City Clerk State of Iowa ) SS.: County of Johnson ) Subscribed and sworn to before me this day, the date last above written. Notary Public in and for the (SEAL) State of Iowa s1M MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS . DES MOINES I M , (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING The City Council Of Governmental Body: Iowa City, Iowa. Date of Meeting: April 29, 1980 Time of Meeting: 7:30 P.M. Council Chambers Place of Meeting: Civic Center Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and splace abows: ove set out. The tentative agenda for said meeting 1. Resolution Regarding the Issuance of Not To Exceed 55,000,000 Aggregate Principal Amount of Industrial Development Revenue interim Bonds (Plaza Retail As sociasoprincipal Amount ofct) and not to cIndustreed ial $5,000,000 Aggregate Development Revenue Bonds (Plaza Retail ,Asndciates Project) of the City of Iowa City, Agreement. authorizing execution of a Memorandum of 2. Such additional as are page(s) aattachedeheretoh on the additional (attach copy of agenda) . This notice is given at the direction of the Mayor, pur- hapter 2BA, Iowa Code, as amended, and the local suant to C rules of said governmental body. A e Sto us, C erk Iowa e City of Iowa City, -10- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES 879 (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING The City Council Of Governmental Body: Iowa City, Iowa. Date of Meeting: April 29, 1980 Time of Meeting: 7:30 P.M. Council Chambers Place of Meeting: Civic Center Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and splace abows: ove set out. The tentative agenda for said meeting 1. Resolution Regarding the Issuance of Not To Exceed 55,000,000 Aggregate Principal Amount of Industrial Development Revenue interim Bonds (Plaza Retail As sociasoprincipal Amount ofct) and not to cIndustreed ial $5,000,000 Aggregate Development Revenue Bonds (Plaza Retail ,Asndciates Project) of the City of Iowa City, Agreement. authorizing execution of a Memorandum of 2. Such additional as are page(s) aattachedeheretoh on the additional (attach copy of agenda) . This notice is given at the direction of the Mayor, pur- hapter 2BA, Iowa Code, as amended, and the local suant to C rules of said governmental body. A e Sto us, C erk Iowa e City of Iowa City, -10- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES 879 EXHIBIT "A" MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, in Johnson County, Iowa, party of the first part (hereinafter referred to as the "City"), and Plaza Retail Associates, party of the second part (hereinafter referred to as the "Company"). I. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The City is an incorporated municipality of the State of Iowa, authorized and empowered by the provisions of Chapter 419 of the Code of Iowa ( the "Act") , to issue Industrial Development Revenue Interim Bonds and Industrial Development Revenue Bonds for the purpose of defraying all or a portion of the cost of acquiring and improving land, buildings and impro- vements suitable for use of commercial enterprises which the City Council, as the governing body, finds is consistent with the urban renewal plan, adopted by the City, pursuant to the Act and Chapter 403, Code of Iowa; and (b) The City has adopted the Project No. Iowa R-14 Urban Renewal Plan, and in furtherance of efforts to rehabilitate and redevelop the designated Urban Renewal Area, the City proposes to issue its Industrial Development Revenue Interim Bonds (the "Interim Bonds") and its Industrial Development Revenue Bonds (the "Bonds") and to loan to the Company the proceeds from the sale of said Interim Bonds and said Bonds to enable the Company to finance the cost of the acquisition of land and construction of structures, buildings and improvements thereon, all to be suitable for use as commercial enterprises consisting of retail and commercial facilities (herein referred to as the "Project"); and (c) It is considered essential that acquisition and reno- vation related to the Project commence at the earliest prac- ticable date, and that orders be placed for acquiring the necessary improvements and equipment. However, before com- mencing the Project, the Company desires satisfactory assuran- ces from the City that the proceeds from the sale of the City's Industrial Development Revenue Interim Bonds, which, when issued, will be used to temporarily finance the Project in anticipation of the proceeds from the sale of the City's Industrial Development Revenue Bonds, which, when issued, will -1- 977 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES r V11 finance the Project, will be made available in an amount sufficient to finance all or a portion of the cost of the Project. The amount of the Interim Bonds and Bonds requested to be issued is presently estimated not to exceed $5,000,000. (d) Representatives of the City have indicated the will- ingness of the City to proceed with and effect such financing as an inducement to the Company to locate the Project in the City and the City has advised the Company that, subject to due compliance with all requirements of law and the obtaining of all necessary consents and approvals and to the happening of all acts, conditions and things required to exist, happen and be performed precedent to and in connection with such financing in due time, form and manner as required by law, the City, by virtue of such statutory authority as may now exist or may hereafter be conferred, will issue and sell its Interim Bonds and its Bonds in an amount sufficient to finance all or a por- tion of the cost of the Project. ( e) The City considers that the undertaking of the Project will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment opportunities for the inhabitants of the City, enhance the tax base of the City and overlapping taxing jurisdictions, increase the City's commerce and add to the welfare and prosperity of the City and that of its inhabitants. 2. Undertakings on the Part of the City. The City agrees as follows: (a) That it will authorize, or cause to be authorized, the i issuance and sale of an issue of its Interim Bonds to be issued and sold for the purpose of temporarily financing the Project in anticipation of the issuance and sale of the City's Bonds which, when issued, will be used to permanently finance the Project, pursuant to the terms of the Act as then in force, in an aggregate principal amount presently estimated not to exceed $5,000,000. (b) That it will cooperate with Company to sell the Interim Bonds and the Bonds upon mutually agreeable terms, and it will adopt, or cause to be adopted, such proceedings and authorize the execution of such documents as may be necessary or advisable for the authorization, issuance and sale of the Interim Bonds and the Bonds and the financing of the Project as aforesaid, and the entering into a Loan Agreement with the Company with respect to the Project, all as shall be authorized by law and mutually satisfactory to the City and the Company. (c) That the aggregate basic payments (i.e. the payments to be used to pay the principal of and premium, if any, and -2- p 7 T MICROFILMED BY JORM MICR(�LAB 11111 RAPIDS • DES MOIRES interest on the Interim Bonds and the Bonds) payable under the Loan Agreement shall be such sums as shall be sufficient to pay the principal of and interest and redemption premium, if any, on the Interim Bonds and the Bonds as and when the same shall become due and payable. (d) That it will take or cause to be taken such other acts and adopt such further proceedings as may be required to imple- ment the aforesaid undertakings or as it may deem appropriate in pursuance thereof. 3. Undertakings on the Part of the Company. The Company covenants and agrees as follows: (a) That it will cooperate with the City to sell the Interim Bonds and the Bonds in an aggregate principal amount as above stated; provided, however, that the terms of the Interim Bonds and the Bonds and of the sale and delivery thereof shall be mutually satisfactory to the City and the Company. (b) That it has not, prior to the execution of this agree- ment and the taking of "official action" toward the issuance of the Interim Bonds and the Bonds by the City, acquired or com- menced construction of the Project, or any part thereof, and has not entered into any contracts or paid or incurred any costs related thereto, which will be paid or reimbursed from the proceeds of the Interim Bonds and the Bonds, when and if issued. The Company does, however, represent that it now intends to enter into a contract or contracts for the acquisition, construction, improvement and equipping of the Project and take, with reasonable diligence, the other necessary steps toward the realization of the Project. (c) That contemporaneously with the sale of the Interim Bonds and the sale of the Bonds it will execute a Iran Agreement with the City under the terms of which the Company will obligate itself to pay to the City sums sufficient in the aggregate to pay the principal of, interest and redemption premium, if any, on the Interim Bonds and the Bonds as and when the same shall become due and payable, such instrument to con- tain other provisions required by law and such other provisions as shall be mutually acceptable to the City and the Company. (d) That it will take such further action and adopt such further proceedings as may be required to implement its afore- said undertakings or as it may deem appropriate in pursuance thereof. 4. General Provisions. (a) All commitments of the City under paragraph 2 hereof and of the Company under paragraph 3 hereof are subject to the condition that on or before June 1, 1981 (or such other date as shall be mutually satisfactory to the City and the Company), -3 - MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 77 9 D shall be mutually satisfactory to the City and the Company), the City and the Company shall have agreed to mutually accep- table terms for the Interim Bonds and the Bonds and of the sale and delivery thereof, and mutually acceptable terms and con- ditions of the documents referred to in paragraph 3 and the proceedings referred to in paragraphs 2 and 3 hereof. (b) Whether or not the events set forth in (a) of this paragraph take place within the time set forth or any extension thereof, the Company agrees that it will reimburse the City for all reasonable and necessary direct out-of-pocket expenses which the City may incur, including but not limited to, legal fees, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or preparation to perform by the City of its obligations here- under, or done at the request of the Company. (c) All commitments of the City hereof are further subject to the conditions that the City, and its elected and appointed officials, shall in no event incur any liability for any act or omission hereunder, and that the Interim Bonds and the Bonds described herein shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory pro- vision and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. IN WITNESS WHEREOF the parties hereto have entered into this Agreement by their officers thereunto duly authorized as of the day of April, 1980. (Seal of City) Attest: Abbie Stolfus, City Clerk (No Seal) City of Iowa City, Iowa John Balmer, Mayor Plaza Retail Associates -4- MICROFILMED BY JORM MICR;LAS CEDAR RAPIDS . DES MOINES 879 i `•VL r. nNL[p4 . nMon [vnrvn nn Drvn roan �. mgwuuu Z 'CHARD . N N. wL . CNAPn A. MCS L. LgnMS. nCCa JnNN [. YINN[.. .fie L. w. gnn[n 9ANT um n•rvn N•e9 D. 11041 L. N. L, Mn Nnn rr •nNC[ A. Cn Nnnr.. AHLERS, COONEY, DORWEILER, HAYNIE & SMITH LAWYERS 930 LIBERTY BUILDING SIXTH AND GRAND DEB MOINES, IOWA 50309 ANLA CnnI. 41 • 'ln lTAl� [LI d. NV 9•vm w� lu9wmu ' MnNn w. n[LUM•N Lnw•Nn w. NI Mnnue,l April 24, 1980 Nrn M•n L. n[A V e C NP. I Mr. Larry Chiat Development Coordinator Civic Center 410 E. Washington Street Iowa City, Iowa 52240 Re: City of Iowa City, Iowa - Industrial Development Revenue Interim Bonds (Plaza Retail Associates Project) and City of Iowa City, Iowa Industrial Development Revenue Interim Bonds (Towers Hotel Associates Project) Dear Larry: Pursuant to our telephone conversations, we have prepared and herewith enclose 10 copies of proposed proceedings for adoption by the Iowa City City Council at its regular Council meeting scheduled for 7:30 P. M., April 29, 1980. Five copies of the enclosed proceedings relate to the proposed Bond issue for Plaza Retail Associates in an amount not to exceed $5,000,000, and the remaining five copies of proposed pro- ceedings relate to the proposed Bond issue for Towers Hotel Associates in an amount not to exceed $7,500,000. We issue, vattached tenclosed proceedings ra ", aMemorandumofAgreement tobesignesigned by the City and Plaza Retail Associates with respect to the $51000,000 Bond issue, and by the City and Towers Hotel Associates with respect to the $7,500,000 Bond issue. The Memorandum of Agreement for both Bond issues should be comple- tely signed by all parties before either Plaza Retail Associates or Towers Hotel Associates begin the project or make expenditures or commitments related thereto. Although these Bonds are to be issued by the City of Iowa City, the City, as the issuer of the Bonds, is really a nominal Party or surrogate to the financing, and it is the general cre- dit of Plaza Retail Associates and Towers Hotel Associates that supports the Bond issue. The principal of and interest on the MICROFILMED BY JORM MICR+LAB INES CEDAR RAPIDS L DES MO t I j I Mr. Larry Chiat April 24, 1980 Page 2 Bonds are payable solely out of the revenues derived from the Project, and the Bonds and interest thereon do not constitute an indebtedness of the municipality within the meaning of any state constitutional provision or statutory limitation, and do not constitute nor give rise to a pecuniary liability of the municipality or a charge against the general credit or taxing powers [Iowa Code Section 419. 3(1 )] . You will find this language on page five of the proceedings and again in paragraph 4(c) on page 4 of the Memorandum of Agreement for each Bond issue. We have provided in the enclosed proceedings for the issuance of both Industrial Development Revenue Interim Bonds and Industrial Development Revenue Bonds in the event either Plaza Retail Associates or Towers Hotel Associates desires to use a form of short-term, interim tax-exempt financing with respect to either project. The Interim Bonds, if issued, would be issued for a term of less than three years, to temporarily finance either project in anticipation of the permanent financing being provided by the Bonds. The use of the short term Interim Bonds allows either of the joint ventures to tem- porarily finance either project at today's interest rates with the anticipation that interest rates will decline during the term of the Interim Bonds. Assuming this decline, the per- manent financing Bonds can then be issued and used to repay or "refund" the Interim Bonds. At the present time, we do not know whether the intentions of either joint venture are to use interim financing, however, we thought it best to provide this flexibility in the initial proceedings and Memorandum of Agreement. If these proceedings are satisfactory, we would appreciate your returning to us three completed and signed copies following their adoption. We will also need completed and signed copies of the Memorandum of Agreement with respect to both Bond issues. It is possible that the signatures of the Plaza Retail Associates representatives and the Towers Hotel Associates representatives could be obtained immediately following Tuesday evening's meeting. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES r Mr. Larry Chiat April 24, 1980 Page 3 If you have any questions about the enclosed proceedings, or any other matters relating to this proposed financing, please feel free to contact Ken Haynie, Jim Krambeck or myself at any time. Very truly yours, AHLERS, CE 6 SMITH By mas E. Stanberry TES:ld Enclosures cc: Mr. John Hayek Ms. Rosemary Vitosh Mr. Paul D. Spear i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS DES MOINES i i ar F 1 I Mr. Larry Chiat April 24, 1980 Page 3 If you have any questions about the enclosed proceedings, or any other matters relating to this proposed financing, please feel free to contact Ken Haynie, Jim Krambeck or myself at any time. Very truly yours, AHLERS, CE 6 SMITH By mas E. Stanberry TES:ld Enclosures cc: Mr. John Hayek Ms. Rosemary Vitosh Mr. Paul D. Spear i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS DES MOINES i i - I ' F Iowa City, Iowa, April 29, 1980. The City Council o! Iowa Cit Iowa Y. , met on the above elate in the Council Chambers, Civic Center, in Iowa City, Iowa, at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John Balmer, Mayor, presiding, and on roll call the following Council Members were present: Absent: -1- MICROFILMED BY JORM MICR;LAB CEDAR RAPIDS • DES MOINES 880 I I Matters were discussed relative to the request from Towers Hotel Associates, a joint venture, regarding the issuance of not to exceed $7,500,000 in aggregate principal amount of the City's Industrial Development Revenue Interim Bonds (Towers Hotel Associates Project) and not to exceed $7,500,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Towers Hotel Associates Project). Following an explanation of the proposed Project by representatives of said Company and a discussion of the proposal, Council Member introduced the following Resolution in written form and moved its adoption. Council Member seconded the [notion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: NAYS: The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: me MICROFILMED BY JORM MICR;LAB CEDAR RAPIDS • DES MOINES O RESOLUTION NO. A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $7,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE INTERIM BONDS (TOWERS HOTEL i ASSOCIATES PROJECT) AND NOT TO EXCEED $7,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (TOWERS HOTEL ASSOCIATES PROJECT) OF THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City") is a municipal corporation organized and existing under the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue Indus- trial Development Revenue Interim Bonds and Industrial Development Revenue Bonds, and loan the proceeds from the sale Of said Interim Bonds and said Bonds to one or more parties to be used to defray all or a portion of the cost Of acquiring, constructing, improving and equipping land, buildings and improvements suitable for use as a commercial enterprise con- sisting of hotel and restaurant facilities which the City finds is consistent with the urban renewal plan adopted by the City, pursuant to the Act and Chapter 403, Code of Iowa; and WHEREAS, the City has been requested by Towers Hotel Associates, a joint venture (hereinafter referred to as the "Company"), to authorize and issue its Industrial Development Revenue Interim Bonds (the "Interim Bonds") pursuant to the provisions of the Act for the purpose of temporarily financing all or a portion of the cost of the acquisition of land within the City of Iowa City, Iowa and construction and equipping of -3- MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS • DES MOINES i RESOLUTION NO. A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $7,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE INTERIM BONDS (TOWERS HOTEL i ASSOCIATES PROJECT) AND NOT TO EXCEED $7,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (TOWERS HOTEL ASSOCIATES PROJECT) OF THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City") is a municipal corporation organized and existing under the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue Indus- trial Development Revenue Interim Bonds and Industrial Development Revenue Bonds, and loan the proceeds from the sale Of said Interim Bonds and said Bonds to one or more parties to be used to defray all or a portion of the cost Of acquiring, constructing, improving and equipping land, buildings and improvements suitable for use as a commercial enterprise con- sisting of hotel and restaurant facilities which the City finds is consistent with the urban renewal plan adopted by the City, pursuant to the Act and Chapter 403, Code of Iowa; and WHEREAS, the City has been requested by Towers Hotel Associates, a joint venture (hereinafter referred to as the "Company"), to authorize and issue its Industrial Development Revenue Interim Bonds (the "Interim Bonds") pursuant to the provisions of the Act for the purpose of temporarily financing all or a portion of the cost of the acquisition of land within the City of Iowa City, Iowa and construction and equipping of -3- MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS • DES MOINES buildings and improvements thereon suitable for use as a com- mercial enterprise consisting of hotel and restaurant facili- ties (hereinafter referred to as the "Project"); and WHEREAS, the City has been requested by the Company, to authorize and issue its Industrial Development Revenue Bonds (the "Bonds") pursuant to the provisions of the Act for the purpose of permanently financing all or a portion of the cost of the acquisition, construction, improving and equipping of the Project located within the City of Iowa City, Iowa; and WHEREAS, said Interim Bonds, when issued, will be issued to temporarily finance the Project in anticipation of the issuance by the City of said Bonds, the proceeds of which, when issued, will be used to permanently finance the Project; and WHEREAS, said Project is located within the area of and is consistent with and authorized by the Project No. Iowa R-14 Urban Renewal Plan, adopted by the City, and will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment oppor- tunities for residents of the City and the surrounding area; will enhance the tax base of the City and overlapping taxing jurisdictions and will provide and induce other public benefits which will add to the welfare and prosperity of the City and its inhabitants; and WHEREAS the City has determined that the amount necessary to defray all or a portion of the cost of acquisition, con- struction, improving and equipping the Project, including -4- a-00 I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES f necessary cxixrnnas incidental thereto, will require the issuance by the City of not to exceed $7,500,000 aggregate principal amount of its Industrial Development Revenue Interim Bonds and not to exceed $7,500,000 aggregate principal amount Of its Industrial [Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a Iran Agreement between the City and Company pursuant to which loan payments will be made by the Company in amounts sufficient to pay the principal of and interest and premium, if any, on said Interim Bonds and said Bonds, as and when the same shall be due; and WIIlIRLAS, the Interim Bonds and Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Interim Bonds and the Bonds shall be payable solely out of the revenues derived from the Project to be financed by the Interim Bonds and the Bonds; and WHLRLAS, regulations promulgator] under Section 103 of the Internal Revenue Code of 1954, as amended, may require th:lt Lill! Issuer of such Interim Bonds and such Bonds adopt a Resolution with respect to such Interim Bonds and such Bonds or take '•some other similar official action" toward the issuance of such Interim Bonds and such Bonds prior to the commencement of -5- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS DES MOIRES M i f necessary cxixrnnas incidental thereto, will require the issuance by the City of not to exceed $7,500,000 aggregate principal amount of its Industrial Development Revenue Interim Bonds and not to exceed $7,500,000 aggregate principal amount Of its Industrial [Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a Iran Agreement between the City and Company pursuant to which loan payments will be made by the Company in amounts sufficient to pay the principal of and interest and premium, if any, on said Interim Bonds and said Bonds, as and when the same shall be due; and WIIlIRLAS, the Interim Bonds and Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Interim Bonds and the Bonds shall be payable solely out of the revenues derived from the Project to be financed by the Interim Bonds and the Bonds; and WHLRLAS, regulations promulgator] under Section 103 of the Internal Revenue Code of 1954, as amended, may require th:lt Lill! Issuer of such Interim Bonds and such Bonds adopt a Resolution with respect to such Interim Bonds and such Bonds or take '•some other similar official action" toward the issuance of such Interim Bonds and such Bonds prior to the commencement of -5- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS DES MOIRES M C construction or acquisition relating to the proposed Project, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Interim Bonds and the Bonds within the meaning of said federal income tax regulations; and WHEREAS, there has been presented to the Council a Memo- randum of Agreement, attached hereto as Exhibit "A" which sets forth certain mutual undertakings and agreements between the City and Company, relating to the further processing and issu- ance of said Interim Bonds and said Bonds, and the City believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the City; and NOW, TIIERL•'NORE, Be It and It Is Ilereby Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. The City recognizes that regulations promul- gated under Section 103 of the Internal Revenue Code of 1954, as amended, may require the taking by this City Council of official action or "some other similar official action", if interest on Industrial Development Revenue Interim Bonds and Industrial Development Revenue Bonds issued by the City and used to acquire, construct, improve and equip such project is to be exempt from federal income taxes. In order to preserve such exemption, this Resolution is intended to constitute MICROFILMED BY JORM MICR;LAB CEDAR RAPIDS • DES MOIRES i -1 construction or acquisition relating to the proposed Project, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Interim Bonds and the Bonds within the meaning of said federal income tax regulations; and WHEREAS, there has been presented to the Council a Memo- randum of Agreement, attached hereto as Exhibit "A" which sets forth certain mutual undertakings and agreements between the City and Company, relating to the further processing and issu- ance of said Interim Bonds and said Bonds, and the City believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the City; and NOW, TIIERL•'NORE, Be It and It Is Ilereby Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. The City recognizes that regulations promul- gated under Section 103 of the Internal Revenue Code of 1954, as amended, may require the taking by this City Council of official action or "some other similar official action", if interest on Industrial Development Revenue Interim Bonds and Industrial Development Revenue Bonds issued by the City and used to acquire, construct, improve and equip such project is to be exempt from federal income taxes. In order to preserve such exemption, this Resolution is intended to constitute MICROFILMED BY JORM MICR;LAB CEDAR RAPIDS • DES MOIRES 1' ,:7 I solely for federal income tax purposes official action or "some other similar official action" with respect to the issuance of i isuch Interim Bonds and such Bonds. Section 2. That in order to assure the acquisition, construction, improvement and equipping of these commercial facilities in the City of Iowa City, Iowa, with the resulting public benefits which will flow from the operation thereof, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit "A", be approved and that the Mayor of the City be and hereby is authorized and directed to execute said Memorandum of Agreement and the City Clerk of the City be and hereby is authorized to attest the same and to affix the seal of the City thereto and said Memorandum of Agreement is hereby made a part of this Resolution. Section 3. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and advances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement from the proceeds of the Interim Bonds and the Bonds when and if delivered, but otherwise without liability on the part of the City. :wz MICROFILMED BY r JORM MICR;LAB CEDAR RAPIDS • DES MOINES i good Section 4. That officials of the City are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of I Agreement. Section 5. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved, April 29, 1980. City of Iowa City, Iowa (SEAL) I John Balmer, Mayor i Attest: Abhie Stolfus, City Clerk I I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 86 , CLERK'S CERTIFICATE I, Abhie StoLI'us, being first duly sworn do livri:by dclxrx• and ccrtif.y that I am the duly appointed, qual.il'ied, and ac Linq I City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of J its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on April 29, 1980, regarding the issuance of riot to exceed $7,500,000 aggregate principal amount of Industrial Development Revenue Interim Bonds (Towers Hotel Associates Project) and not to exceed $7,500,000 aggregate principal amount of Industrial Development Revenue Bonds (Towers Hotel Associates Project) of the City of Iowa City, Iowa, and authorizing execution of a Memorandum of Agreement; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (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, Iowa Code, and 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. Witness my hand and the Corporate Seal of said City hereto affixed this day of April, 1980. (SEAL) Abbie Stolfus, City Clerk State of Iowa ) SS.. County of Johnson ) Subscribed and sworn to before me this day, the data Ia.,-.t above written. Notary Public in and for the (SEAL) State of Iowa -9- MICROFILMED BY DORM MICR( LA13 CEDAR RAPIDS . DES MOINES j 0 (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Iowa City, Iowa. April 29, 1980 7:30 P.M. Council Chambers Civic Center 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: 1. Resolution Regarding the Issuance of Not To Exceed $7,500,000 Aggregate Principal Amount of Industrial Development Revenue Interim Bonds (Towers Hotel Associates Project) and not to exceed $7,500,000 Aggregate Principal Amount of Industrial Development Revenue Bonds (Towers Hotel Associates Project) of the City of Iowa City, Iowa, and authorizing execution of a Memorandum of Agreement. 2. Such additional matters as are set forth on the additional page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. Abbie StolEus, Clerk of the City of Iowa City, Iowa CIM MICROFILMED BY JORM MICR+LAeI CEDAR RAPIDS DES MOINES op IF 000 j IiI 1 (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Iowa City, Iowa. April 29, 1980 7:30 P.M. Council Chambers Civic Center 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: 1. Resolution Regarding the Issuance of Not To Exceed $7,500,000 Aggregate Principal Amount of Industrial Development Revenue Interim Bonds (Towers Hotel Associates Project) and not to exceed $7,500,000 Aggregate Principal Amount of Industrial Development Revenue Bonds (Towers Hotel Associates Project) of the City of Iowa City, Iowa, and authorizing execution of a Memorandum of Agreement. 2. Such additional matters as are set forth on the additional page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. Abbie StolEus, Clerk of the City of Iowa City, Iowa CIM MICROFILMED BY JORM MICR+LAeI CEDAR RAPIDS DES MOINES op IF 000 j EXHIBIT "A" MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, in Johnson County, Iowa, party of the first part (hereinafter referred to as the "City"), and Towers Hotel Associates, party of the second part (hereinafter referred to as the "Company"). 1• Preliminary inducemStatement. Among the matters of mutual ent which have resulted in the execution of this Agreement are the following: i(a) The City is an incorporated municipality of the State of Iowa, authorized and empowered by the provisions of Chapter 419 of the Code of Iowa (the "Act"), to issue Industrial Development Revenue Interim Bonds and Industrial Development Revenue Bonds for the purpose of defraying all or a portion of the cost of acquiring and improving land, buildings and impro- vements suitable for use of commercial enterprises which the City Council, as the governing body, finds is consistent with the urban renewal plan, adopted by the City, pursuant to the Act and Chapter 403, Code of Iowa; and (b) The City has adopted the Project No. Iowa R-14 Urban Renewal Plan, and in furtherance of efforts to rehabilitate and redevelop the designated Urban Renewal Area, the City proposes to issue its Industrial Development Revenue Interim Bonds (the "Interim Bonds") and its Industrial Development Revenue Bonds (the "Bonds") and to loan to the Company the proceeds from the sale of said Interim Bonds and said Bonds to enable the Company to finance the cost of the acquisition of land and construction of structures buildings and improvements thereon, all to be suitable for use as a commercial enterprise consisting of hotel and restaurant facilities (herein referred to as the "Project"); and (c) It is considered essential that acquisition and reno- vation related to the Project commence at the earliest prac- ticable date, and that orders be placed for acquiring the necessary improvements and equipment. 1I01,rnver, before com- mencing, the Project, the Company desires satisfactory assuran- ces from the City that the proceeds from the sale of the City'a: Industrial Davelopment Revenue Interim Bonds, which, when issued, will be used to temporarily finance the Project in anticipation of the proceeds from the sale of the City's Industrial Davelo pment Revenue Bonds, which, when issued, will MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOIRES i Permanently finance the Project, will he made avaitab.ie in an amount sufficient to finance all or a portion of the cost of the Project. The amount of the Interim Bonds and Bonds requested to be issued is presently estimated not to exceed $7,500,00f. (d) Representatives of the City have indicated the will- ingness of the City to proceed with and effect such financing as an inducement to the Company to locate the Project in the City and the City has advised the Company that, subject to due compliance with all requirements of law and the obtaining of all necessary consents and approvals and to the happening of all acts, conditions and things required to exist, happen and be performed precedent to and in connection with such financing in due time, form and manner as required by law, thevirtue of ch statutory City, by hereafter be conferred, will issue andrity asmselloitsxInteor rim may onds and its Bonds in an amount sufficient to finance all or a por- tion of the cost of the Project. (e) The City considers that the undertaking of the Project Will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment opportunities for the inhabitants of the City, enhance the tax base of the City and overlapping taxing jurisdictions, increase the City's commerce and add to the welfare and prosperity of the City and that of its inhabitants. 2. Undertakings on the Part of the r' as follows. �• The City agrees (a) That it will authorize, or cause to be authorized, the issuance and sale of an issue of its Interim Bonds to be issued and sold for the purpose of temporarily financing the Project in anticipation of the issuance and sale of the City's Bonds which, when issued, will be used to permanently finance the Project, pursuant to the terms of the Act as then in force, in an aggregate principal amount presently estimated not to exceed $7, 500, 000. (b) That it will cooperate with Company to sell the Interim Bonds and the Bonds upon mutually it will adopt, or cause agreeable terms, and to be adopted, such proceedings and authorize the execution of such documents as may be necessary or advisable for the authorization, issuance and sale of the Interim Bonds and the Bonds and the financing of the Project as aforesaoan Agrement wih the Company lwith nrespect d the ntorthe Projecting into a ,Aall ase rshall bet tauthorized by law and mutually satisfactory to the City and the Company. (c) That the aggregate basic payments (i.e. the payments to be used to pay the principal of and premium, if any, and -2- MICROFILMED BY JORM MIC R;LAB CEDAR RAPIDS • DES MOINES i 07p I S Permanently finance the Project, will he made avaitab.ie in an amount sufficient to finance all or a portion of the cost of the Project. The amount of the Interim Bonds and Bonds requested to be issued is presently estimated not to exceed $7,500,00f. (d) Representatives of the City have indicated the will- ingness of the City to proceed with and effect such financing as an inducement to the Company to locate the Project in the City and the City has advised the Company that, subject to due compliance with all requirements of law and the obtaining of all necessary consents and approvals and to the happening of all acts, conditions and things required to exist, happen and be performed precedent to and in connection with such financing in due time, form and manner as required by law, thevirtue of ch statutory City, by hereafter be conferred, will issue andrity asmselloitsxInteor rim may onds and its Bonds in an amount sufficient to finance all or a por- tion of the cost of the Project. (e) The City considers that the undertaking of the Project Will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment opportunities for the inhabitants of the City, enhance the tax base of the City and overlapping taxing jurisdictions, increase the City's commerce and add to the welfare and prosperity of the City and that of its inhabitants. 2. Undertakings on the Part of the r' as follows. �• The City agrees (a) That it will authorize, or cause to be authorized, the issuance and sale of an issue of its Interim Bonds to be issued and sold for the purpose of temporarily financing the Project in anticipation of the issuance and sale of the City's Bonds which, when issued, will be used to permanently finance the Project, pursuant to the terms of the Act as then in force, in an aggregate principal amount presently estimated not to exceed $7, 500, 000. (b) That it will cooperate with Company to sell the Interim Bonds and the Bonds upon mutually it will adopt, or cause agreeable terms, and to be adopted, such proceedings and authorize the execution of such documents as may be necessary or advisable for the authorization, issuance and sale of the Interim Bonds and the Bonds and the financing of the Project as aforesaoan Agrement wih the Company lwith nrespect d the ntorthe Projecting into a ,Aall ase rshall bet tauthorized by law and mutually satisfactory to the City and the Company. (c) That the aggregate basic payments (i.e. the payments to be used to pay the principal of and premium, if any, and -2- MICROFILMED BY JORM MIC R;LAB CEDAR RAPIDS • DES MOINES i 07p I interest on the Interim Bonds and the Bonds) payable under the Loan Agreement shall be such sums as shall be sufficient to pay the principal of and interest and redemption premium, if any, on the Interim Bonds and the Bonds as and when the same shall become due and payable. (d) That it will take or cause to be taken such other acts and adopt such further proceedings as may be required to imple- ment the aforesaid undertakings or as it may deem appropriate in pursuance thereof. 3. Undertakings on the Part of the Company. The Company covenants and agrees as follows: (a) That it will cooperate with the City to sell the Interim Bonds and the Bonds in an aggregate principal amount as above stated; provided, however, that the terms of the Interim Bonds and the Bonds and of the sale and delivery thereof shall be mutually satisfactory to the City and the Company. (b) That it has not, prior to the execution of this agree- ment and the taking of "official action" toward the issuance of the Interim Bonds and the Bonds by the City, acquired or com- menced construction of the Project, or any part thereof, and has not entered into any contracts or paid or incurred any costs related thereto, which will be paid or reimbursed from the proceeds of the Interim Bonds and the Bonds, when and if issued. The Company does, however, represent that it now intends to enter into a contract or contracts for the acquisition, construction, improvement and equipping of the Project and take, with reasonable diligence, the other necessary steps toward the realization of the Project. (c) That contemporaneously with the sale of the Interim Bonds and the sale of the Bonds it will execute a Iran Agreement with the City under the terms of which the Company will obligate itself to pay to the City sums sufficient in the aggregate to pay the principal of, interest and redemption premium, if any, on the Interim Bonds and the Bonds as and when the same shall become due and payable, such instrument to con- tain other provisions required by law and such other provisions as shall be mutually acceptable to the City and the Company. (d) That it will take such further action and adopt such further proceedings as may be required to implement its afore- said undertakings or as it may deem appropriate in pursuance thereof. 4. General Provisions. (a) All commitments of the City under paragraph 'l hereof and of the Company under paragraph 3 hereof are subject to the condition that on or before June 1, 1981 (or such other date as shall be mutually satisfactory to the City and the Company), -3- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES i� f ff86 i interest on the Interim Bonds and the Bonds) payable under the Loan Agreement shall be such sums as shall be sufficient to pay the principal of and interest and redemption premium, if any, on the Interim Bonds and the Bonds as and when the same shall become due and payable. (d) That it will take or cause to be taken such other acts and adopt such further proceedings as may be required to imple- ment the aforesaid undertakings or as it may deem appropriate in pursuance thereof. 3. Undertakings on the Part of the Company. The Company covenants and agrees as follows: (a) That it will cooperate with the City to sell the Interim Bonds and the Bonds in an aggregate principal amount as above stated; provided, however, that the terms of the Interim Bonds and the Bonds and of the sale and delivery thereof shall be mutually satisfactory to the City and the Company. (b) That it has not, prior to the execution of this agree- ment and the taking of "official action" toward the issuance of the Interim Bonds and the Bonds by the City, acquired or com- menced construction of the Project, or any part thereof, and has not entered into any contracts or paid or incurred any costs related thereto, which will be paid or reimbursed from the proceeds of the Interim Bonds and the Bonds, when and if issued. The Company does, however, represent that it now intends to enter into a contract or contracts for the acquisition, construction, improvement and equipping of the Project and take, with reasonable diligence, the other necessary steps toward the realization of the Project. (c) That contemporaneously with the sale of the Interim Bonds and the sale of the Bonds it will execute a Iran Agreement with the City under the terms of which the Company will obligate itself to pay to the City sums sufficient in the aggregate to pay the principal of, interest and redemption premium, if any, on the Interim Bonds and the Bonds as and when the same shall become due and payable, such instrument to con- tain other provisions required by law and such other provisions as shall be mutually acceptable to the City and the Company. (d) That it will take such further action and adopt such further proceedings as may be required to implement its afore- said undertakings or as it may deem appropriate in pursuance thereof. 4. General Provisions. (a) All commitments of the City under paragraph 'l hereof and of the Company under paragraph 3 hereof are subject to the condition that on or before June 1, 1981 (or such other date as shall be mutually satisfactory to the City and the Company), -3- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES i� f ff86 1 the City and the Company shall have agreed to mutually accep- table terms for the Interim Bonds and the Bonds and of the sale and delivery thereof, and mutually acceptable terms and con- ditions of the documents referred to in paragraph 3 and the proceedings referred to in paragraphs 2 and 3 hereof. (b) Whether or not the events set forth in (a) of this paragraph take place within the time set forth or any extension thereof, the Company agrees that it will reimburse the City for all reasonable and necessary direct out-of-pocket expenses which the City may incur, including but not limited to, legal fees, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or preparation to perform by the City of its obligations here- under, or done at the request of the Company. (c) All commitments of the City hereof are further subject to the conditions that the City, and its elected and appointed officials, shall in no event incur any liability for any act or omission hereunder, and that the Interim Bonds and the Bonds described herein shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory pro- vision and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. IN WITNESS WHEREOF the parties hereto have entered into this Agreement by their officers thereunto duly authorized as of the day of April, 1980. City of Iowa City, Iowa (Seal of City) John Balmer, Mayor Attest: Abbie Stolfus, City Clerk Towers Hotel Associates (No Seal) , i SC MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES g So !1 CITY OF IOWA CITY i ( .IVI(; ( J NILI1 410 L WASHINGION SI. IOWA CITY IOWA 52240 (319)354.18(a) April 28, 1980 PRESS RELEASE I Contact Person: ? John Balmer, Mayor Office, 338-3601 The primary reason for the City's consideration of an appeal of the Eaton case is that it does not believe that it has been guilty of sex discrimination. During 1979, the courts in Pennsylvania and Florida have had occasion to consider the duty of employers to accommodate breast feeding and in both cases, they ruled in favor of the employer. In Dike vs. School Board of Orange County, N79-209-Orl-Civ-R (U.S. Dist. Ct. Middle Dist. of Florida, Orlando Div. 1979), a teacher was breast feeding tier child during her unscheduled time each noon during which she was on call for emergencies with respect to students. In dismissing her petition, the court stated that while the teacher has the right to make the decision to breast feed her child, she may not impose the consequences of her decision on her employer. In Board of School Directors of Fox Chapel School District vs. Rossetti, 21 EPD Para. 30, 540 (Penn, Dec. 1979), a teacher sought an extended leave of absence to breast feed her child. In holding that the employer had not been guilty of sex discrimination in denying the leave, the Supreme Court of Pennsylvania stated that the teacher had been treated no differently than any male teacher would be who had to remain at home to care for a physically or emotionally disabled new born infant. These cases support the City's position that it would be discriminatory to provide a special MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES MU "I C 2 accommodation for female employees and that the City might find itself in violation of Federal law. Since the City is required to comply with discrimination law under Federal contracts, and since a finding of sex discrimination can be considered in subsequent complaints against the City, it has an interest in overturning a finding of discrimination which it believes is erroneous. With regard to attorney fees, the City believes that the several reasons cited by the hearing officer in recommending against the award of attorney fees were correct. While Miss Eaton's attorneys were authorized to participate in the hearing, Section 17A.12(4) of the Code of Iowa provides that all parties may be represented by counsel at their own expense and Chapter 601A gives the responsibility for representing the complainant to the office of the Attorney General. While Section 601A.15(8)(a) provides for the award of attorney fees, they are intended for complainants who avail themselves of the administrative release procedure of Chapter 601A which the complainant did not use. Since the Eaton case is the first case in which the commission has awarded attorney fees, the award will serve as a precedent for the commission. In addition, the City asserts that the hearing officer erred in denying the City the opportunity for a hearing on attorney fees. In Johnson V. Georgia Hi hwa Express Inc. 488 F 2d 714, 720 (5th Cir 1974), the Court of Appeals stated that the plaintiff in a civil rights case has the burden Of proving his entitlement to an award for attorney's fees just as he would bear the burden of proving a claim for any other money judgment. In State v. Iowa District Court of Sioux County, 286 NW 2d 22 (Iowa 1979), MICROFILMED er JORM MIC R+LA8 CEDAR RAPIDS • DES MOIRES 1 M6 D 3 the Iowa Supreme Court held that the county, which would be assessed the fees, had a right to participate and present evidence at a hearing on attorney fees. The City agrees with the hearing officer's ruling, which was overruled by the commission, that the attorneys should not be compensated for the time spent on the disparate impact issue, since the complainant was not successful on that issue, and that the bill indicates unnecessary duplication of services and other items that should be disallowed. Section 17A.19 of the Code of Iowa provides that an appeal from a decision of the Civil Rights Commission shall be on the record. This means that the District Court will review the record which was made before the Iowa Civil Rights Commission rather than conducting a new hearing. While new evidence may be considered under certain circumstances, the City will not seek to present new evidence in the Eaton case. In order to appeal the decision, the City must file a petition which contains a concise statement of the reasons for its appeal. The Civil Rights Commission then submits to the District Court the portions of the record which the parties wish the judge to review. The court may provide an opportunity for oral argument at a hearing pursuant to Section 17A.19(7). Since the Assistant City Attorney has completed her research in presenting her arguments to the Civil Rights Commission, a subsequent argument will require minimal additional preparation. The drafting of a petition and participation in a hearing should entail less than three days of the attorney's time. Assistant City Attorney Angela Ryan is paid at an annual salary of $22,000 without additional compensation for overtime. Court MICROFILMED Br JORM MICFV+LAB CEDAR RAPIDS • DES MO HIES 1 3 the Iowa Supreme Court held that the county, which would be assessed the fees, had a right to participate and present evidence at a hearing on attorney fees. The City agrees with the hearing officer's ruling, which was overruled by the commission, that the attorneys should not be compensated for the time spent on the disparate impact issue, since the complainant was not successful on that issue, and that the bill indicates unnecessary duplication of services and other items that should be disallowed. Section 17A.19 of the Code of Iowa provides that an appeal from a decision of the Civil Rights Commission shall be on the record. This means that the District Court will review the record which was made before the Iowa Civil Rights Commission rather than conducting a new hearing. While new evidence may be considered under certain circumstances, the City will not seek to present new evidence in the Eaton case. In order to appeal the decision, the City must file a petition which contains a concise statement of the reasons for its appeal. The Civil Rights Commission then submits to the District Court the portions of the record which the parties wish the judge to review. The court may provide an opportunity for oral argument at a hearing pursuant to Section 17A.19(7). Since the Assistant City Attorney has completed her research in presenting her arguments to the Civil Rights Commission, a subsequent argument will require minimal additional preparation. The drafting of a petition and participation in a hearing should entail less than three days of the attorney's time. Assistant City Attorney Angela Ryan is paid at an annual salary of $22,000 without additional compensation for overtime. Court MICROFILMED Br JORM MICFV+LAB CEDAR RAPIDS • DES MO HIES 4 costs will be $13 including a $7 filing fee for the petition, $2 for entering judgment and $4 for final judgment. From: Administrative Offices MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES M D RESOLUTION NO. 80-155 RESOLUTION ESTABLISHING JUST COMPENSATION FOR THE ACQUISITION OF REAL PROPERTY FOR THE LOWER RALSTON CREEK NEIGHBORHOOD IMPROVEMENT PROJECT (PARCEL N8, OWNED BY JOHN GILLISPIE). WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 79-242 authorizing application for federal funds under the Community Development Block Grant/Small Cities Program for improvements in the Lower Ralston Creek Neighborhood; and WHEREAS, the Department of Housing and Urban Development has formally approved said application; and WHEREAS, the City Council did approve Resolution No. 79-489 authorizing the acquisition of real property required for said project; and WHEREAS, the real estate appraisal and review appraisal have been conducted to establish fair market value of the parcel to be acquired for said project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the following amount is hereby determined to be just compensation for the purpose of acquisition of the following real property: $11,000 for parcel N8, legally described as: "Commencing at a point on the north line of lot 20 in that part of Iowa City, Iowa known as the County Seat of Johnson County, Iowa, according to the recorded plat thereof, which point is 140 East of the Northwest corner of said Block 20; thence South on a line parallel to the West line of said Block 20, 76.5 feet to the centerline of Ralston Creek as now located; thence Northeasterly along the centerline of said Ralson Creek to a point where said centerline of Ralston Creek intersects the East line of said Block 20, which said East line coincides with the line of Maiden Lane; thence North along the East line of said Block 20, 45.5 feet to the Northeast corner of said Block 20; thence West from the north line of said Block 20 to the place of beginning, subject to existing easements." 2. That the City Manager and the Community Development Block Grant Program Coordinator are hereby authorized and directed to begin negotiations for the acquisition of said parcel in accordance with the real property acquisition regulations of the Department of Housing and Urban Development. 3. That the City Manager, acting as executive officer of all Housing and Community Development Block Grant programs, is hereby authorized to contract for the purchase of said parcel. I � 1 MICROFILMED BY JO RM MIC R+LA9 CEDAR RAPIDS • DES MOINES 80-155 It was moved by Neuhauser and seconded by Roberts 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 29th day ZM f il 1980. �I ATTEST: �'`7C CITY CLERK MICROFILMED BY JORM MICR;LAF7 CEDAR RAPIDS • DES MOINES Received & Approved By The Legal DIFAIManf 0 City of Iowa CU" MEMORANDUM Date: April 25, 1980 To: City Council and City Manager ''// From: Bruce A. Knight, Planner/Program Analyst�l� Re: Lower Ralston Creek Neighborhood Improvement Project - Property Acquisition - Parcel #8 (Owned by John Gillispie) John Gillispie requested that the acquisition of his property at 311 East Harrison be moved up to allow him to complete a transaction for the acquisition of a parcel of land to replace the subject property. In line with this request, the appraisal has been completed and reviewed for the acquisition of parcel #8 located at 311 East Harrison. The parcel was appraised at a total value of $11,000. Federal regulations require that the City establish "just compensation" based on, and not less than, the valuation determined by the review appraisal. The values established by the resolution are equal to the respective review appraisal. Following the approval of this resolution, the CDBG staff will proceed with a purchse offer and with negotiations for the purchase of the subject parcel. Required relocation assistance will be coordinated with the acquisition of this parcel. bj4/19 MICROFILMED OY M JORM ICR;LA9 CEDAR RAPIDS • DES MOINES �O Z ■, I RESOLUTION NO. 80-156 RESOLUTION ADOPTING SUPPLEMENT NUMBER FOUR TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the Municipal Code Corporation has prepared the fourth supplement to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number four by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number four 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 hereby authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Neuhauser and seconded by Roberts the Resolution be adopted, and upon rol call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 29th day of April , 1960. I ATTEST: ) Ae., CII I CLERK MICROFILMED BY JORM MICR;LAB CEDAR RAPIDS • DES MOINES Recoived & Approvad By The Legal Department �f </ i RESOLUTION NO. 80-156 RESOLUTION ADOPTING SUPPLEMENT NUMBER FOUR TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the Municipal Code Corporation has prepared the fourth supplement to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number four by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number four 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 hereby authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Neuhauser and seconded by Roberts the Resolution be adopted, and upon rol call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 29th day of April , 1960. I ATTEST: ) Ae., CII I CLERK MICROFILMED BY JORM MICR;LAB CEDAR RAPIDS • DES MOINES Recoived & Approvad By The Legal Department �f </ r, SUPPLEAIENT N0. 4 CITY CODE of I i IOWA CITY, IOWA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: ' Ordinance No. 79-2979, enacted November 6, 1979. See Code Comparative Table, page 2955. Remove old pages Insert new pages _ [I] through [4] [1] through pll 536.1, 536.2 536.1, 536.2 599, 650 699, 550, 550.1 1161 through 1164 1161 through 1164.1 1169 through 1179 1169 through 1174.1 1903, 1909 1903, 1904 2139, 2140 2139, 2140, 2140.1 2575, 2576, 2576.1 2575, 2576, 2576.1 2955 2955 Index pages Index pages 3048.1, 3099, 3050 3049 through 3050.2 r Insert this instruction sheet in front of volume. Rile deleted ' pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Rlorida iApril, ID80 Nole—ror checklist of up-to-date pages in Code, see page [1] following Table of Contents. C 883 MICROFILMED BY JORM MICR;LAS CEDAR RAPIDS • DES MOINES , i , ,7 U Checklist of Up -to -Date Pages (This checklist will he updated with the Printing of each Supplement.) From our experience in publishing Uoseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp, No. Title page OC 121-126 0C iii OC 177-198 0C v—vi OC 199-201 3 vii 3 251-253 0C ix—xiv 0C 303-312 0C xv—xxii 2 363, 364 1 1-4 0C 365-368.1 2 5, 6 1 36D-372.1 3 6.1 1 373, 374 1 7-16 OC 374.1 1 17, 18 1 375, 376 0C 19, 20 0C 377, 378 1 71 1 378.1 1 Supp. No, 4 [1] MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I ff&3 IOWA CITY CODE Supp. No. Page No. Supp. No. Page No. 3 i IOWA CITY CODE MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Supp. No. Page No. Supp. No. Page No. 3 OC 1049-1156.1 379-381 OC 1149-1152 1 431, 432 OC 1153-1156.1 2 183-194 1 1157, 1158 1 531-534 2 1159, 1160 2 635, 636 4 1161-1164.1 4 536.1, 536.2 1 1165-1166.1 3 537, 538 3 1167, 1168 2 539-540.1 1 1169-1174.1 4 641-548 4 4 1176-1196 2 549-550.1 1229-1246 OC 551, 552 2 1297-1301 OC 653-556 1351-1356 OC 557-567 OC 1407-1416 OC 617, 618 OC 1467-1,177 OC 639-660 1 1 1527, 1528 2 69— 674.1 1 1529, 1530 1 674.1 OC 1531-1534.1 3OC 675-686 1535-1538 737-741 1 3 1539, 1540 1 745, 746 1 1540.1 1 747-750 OC 15,11-1546 OC 511, 812 2 15,17, 1548 1 813-818 OC 1548.1 1 867, 868 1 1549-1562 OC 919, 920 OC 1563, 1664 3 921-930 1565-1668 1 931-950 1 1568.1 1 951— 950.2 1 1569, 1570 OC 9 1 1571, 1572 1 9880.1-90.1-9 80.16 1573-1576 OC 98 986.1 3 1577-1578.1 3 9877,, 988 1 1579-1690 OC 986.1 1 OC 1591, 1592 1 989, 990 3 1593-1597 2 991-994.1 1 1543, 1544 2 995-998 OC 16,15, 1640) 1 999 Supp. Na, d [21 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES u CHECKLIST OF UP-TO-DATE PAGES -IOWA CITY Page No. Supp. No. Page No. Supp. No. 1646.1 1 2420.1 1 1647-1662 OC 2421-2424 OC 1663 1 2425, 2426 1 1713, 1714 2 2427, 2428 OC 1714.1 1 2429 1 1715-1724 OC 2479-2482.1 3 1725-1727 3 2483-2484 2 1775-1780 OC 2485-2488.2 3 1831-1840 OC 2489, 2490 2 1841, 1842 1 2491, 2492 1 1842.1 1 2492.1 1 1843-1853 OC 2493, 2494 OC 1903, 1904 4 2495-2498 1 1905-1914 1 2498.1 1 1967-1970 OC 2499-2506 OC 2021 OC 2507-2510 1 2121-2128 OC 2510.1-2510.4 1 2129-2132 3 2511-2516 OC 2133-2138 OC 2517, 2518 1 2139-2140.1 4 2519, 2520 OC 2141-2147 OC 2521-2530 1 2197-2208 OC 2530.1, 2530.2 1 2209, 2210 1 2531-2538 OC 2210.1 1 2539-2540.1 3 2211, 2212 OC 2541-2542.2 2 2213-2217 3 2543-2550 OC 2267-2270 OC 2551-2554.1 3 2271, 2272 1 2555-2574 OC 2272.1 1 2575-2576.1 4 2273, 2274 OC 2577-2580 OC 2275, 2276 1 2581-2582.1 2 2276.1 1 2583-2592 3 2277-2301 OC 2593-2612 OC 2351, 2352 1 2913, 2914 OC 2353-2364 OC 2935-2950 OC 2365-2370 1 2951, 2952 1 2419, 2420 1 2953, 2954 3 Supp. No. 4 [3) MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 9 SUM No. 4 II (4) MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I IOiVA CITY CODE Page No. Supp. No. Page No. 2955 SDPP• No. 2971-29763027, OC 3028 3 2977, 2978 OO 3029-3032 1 2979-2980.1 - 3 3032.1 1 2981, 2982 1 3033, 3034 OC 2082.1 3035-3036.1 2 2983, 2984 1 OO 3037-3042 1 2985_.3000 , 1 3042.1, 3092.2 1 3001, 3002 2 3093, 3044 OC 3002.1-3002.3 3045-3048 2 3003-3006 1 2 3049-3050.2 4 3007-3012 1 3051, 3052 OC 3012.1, 31 2.2 1 3053-3065 1 3012.3_3012,5 3 3063064.01 2 3013, 3014 2 3069.1 3064.2 , 1 3015, 3016 1 3065, 3066 2 3016.1, 3016.2 2 3067-3068.1 3 3017-3020 3069, 3070 1 3020.1-3020.3 2 3 3071-3074 OC 3021, 3022 OC 3075, 3076 1 3023-3026 1 3076.1 3077-40811 OC SUM No. 4 II (4) MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I �. i ._ Section 1109(b). Definition. �. BUILDINGS AND 13UILDING REGULATIONS § 8d7 ._ Section 1109(b). Definition. (b) Definition. For the purpose of this section, an open parking garage is a structure of Type I or Type II con- struction, which is opened on two (2) or more sides totaling not less than forty (40) per cent of the building perimeter and which is used exclusively for parking or storage of pri- vote pleasure cars. For a side to be considered: open, the total area of openings distributed along the side shall be not less than fifty (50) per cent of the exterior area of the side at each tier. Exceptions: 1. The grade level tier may contain an office, waiting and toilet rooms having a total area of not more than one thousand (1,000) square feet and such a need not be separated from the open parking garage. 2. Where in the opinion of the building official the total area of openings required for natural ventilation of the garage can be achieved by means other than con- J struction allowing fifty (50) per cent of the exterior area of each side to be open at each tier, said alterna- tives shall be considered as meeting the definition of an open parking garage. (Ord. No. 79-2942, § 2, 2-6-79) Section 1109(h). Standpipes. Standpipes shall be installed when required by the provisions of Chapter 88. Exception: Publicly owned open parking garages may be exempted from the wet standpipe requirements when re- quested in writing by the Iowa City Fire Marshal. (Ord. No. 70-2942, § 2, 2-6-79) Section 1109(i). Fire-extingui8hing systems. When re- quired by other provisions of this code, automatic fire -ex- tinguishing systems and standpipes shall be installed in accordance with the provisions of Chapter 88. Exception: Publicly owned open parking garages may be exempted from the requirements of automatic fire-extin- SuPP• No. 4 586.1 MICROFILMED BY JORM MICR;LAB CEDAR RAPIDS • DES MOINES R•17 IOWA CITY CODE § standpipeguishing systems and wet writing by the Iowa City Fire Marshal. tshal. (Ord. No. 79-2942, § 2, 2-6-79) (9.1) Section 1305(a). Light and ventilation is hereby amended to read as follows: All guest rooms, dormitories and habitable rooms within a dwelling unit sball be provided with natural light by Supp. No. A b36.2 MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES W r , k SC T 5 1� R•17 IOWA CITY CODE § standpipeguishing systems and wet writing by the Iowa City Fire Marshal. tshal. (Ord. No. 79-2942, § 2, 2-6-79) (9.1) Section 1305(a). Light and ventilation is hereby amended to read as follows: All guest rooms, dormitories and habitable rooms within a dwelling unit sball be provided with natural light by Supp. No. A b36.2 MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES W 0 U BUILDINGS AND BUILDING REGULATIONS § s-17 a height of eight (8) feet between any projection from a tenant space bordering the mall and the nearest kiosk, vending machine, bench, display or other obstruction to egress. The mall shall be sufficient to accommodate the occupant load immediately tributary thereto. Malls which do not conform to the requirements of this section shall comply with the requirements of Sections i 3304(8) and 3304(h) of this code. (h) SecuritU grills and doors. Horizontal sliding or ver- tical security grills or doors which are a part of a required means of egress shall conform to the following: (1) They must remain secured in the full open during the period of occupancy by the general ublic. i (2) Doors or grills shall not be brought to the closed Position when there are more than ten (10) persons occupying spaces served by a single exit or fifty (60) Persons occupying spaces served by more than one exit. (3) The doors or grills shall be openable from within without the use of any special knowledge or effort when the space is occupied. (4) When two (2) or more exits are required, not more than one-half (I/._,) of the exits may be equipped with horizontal sliding or vertical rolling grills or doors. (i) Exit connection to publicly owned open parking ga- rages. Covered malls otherwise meeting all the above exit- ing requirements may be connected directly to an open park- ing garage owned and operated by the city provided that any such opening be protected by an automatic closing fire assembly in accordance with the requirements of Section 4306. (Ord. No. 79-2942, § 2, 2-6-79) See. 1113. Occupancy. (a) General. Covered mall buildings shall be classified as Group B, Division 2 occupancies and may contain acces- sory uses consisting of Groups A, E or R, Division 1 occu- Supp. No. 4 549 MICROFILMED BY JORM MICLB CEDAR RAPIDS • DES MOINES t BUILDINGS AND BUILDING REGULATIONS § s-17 a height of eight (8) feet between any projection from a tenant space bordering the mall and the nearest kiosk, vending machine, bench, display or other obstruction to egress. The mall shall be sufficient to accommodate the occupant load immediately tributary thereto. Malls which do not conform to the requirements of this section shall comply with the requirements of Sections i 3304(8) and 3304(h) of this code. (h) SecuritU grills and doors. Horizontal sliding or ver- tical security grills or doors which are a part of a required means of egress shall conform to the following: (1) They must remain secured in the full open during the period of occupancy by the general ublic. i (2) Doors or grills shall not be brought to the closed Position when there are more than ten (10) persons occupying spaces served by a single exit or fifty (60) Persons occupying spaces served by more than one exit. (3) The doors or grills shall be openable from within without the use of any special knowledge or effort when the space is occupied. (4) When two (2) or more exits are required, not more than one-half (I/._,) of the exits may be equipped with horizontal sliding or vertical rolling grills or doors. (i) Exit connection to publicly owned open parking ga- rages. Covered malls otherwise meeting all the above exit- ing requirements may be connected directly to an open park- ing garage owned and operated by the city provided that any such opening be protected by an automatic closing fire assembly in accordance with the requirements of Section 4306. (Ord. No. 79-2942, § 2, 2-6-79) See. 1113. Occupancy. (a) General. Covered mall buildings shall be classified as Group B, Division 2 occupancies and may contain acces- sory uses consisting of Groups A, E or R, Division 1 occu- Supp. No. 4 549 MICROFILMED BY JORM MICLB CEDAR RAPIDS • DES MOINES D § 8-17 IOWA CITY CODE I pancies. The area of individual accessory uses within a covered mall building shall not exceed three (3) times the basic area permitted by Table No. 5-C of this code for the type of construction and the occupancy involved. The ag- gregate area of all accessory uses within a covered mall building shall not exceed twenty-five (25) per cent of the grass leasable area. An attached garage for the storage of passenger vehicles having a capacity of not more than nine (9) persons and openparking garages may be considered as a separate building when they are separated from the covered mall building by an occupancy separation having a fire endur. ance time period of at least two (2) hours. (b) Mized occupancy. Individual tenant spaces within a covered mall building which comprise a distinct "occu- pancy," as described in Chapters 5, 6, 7, 8, 11, 12 and 13 of this code, shall be separated from any other occupancy as i specified in Section 503(d) of this code. Exception: A main entrance which opens onto a mall need �. have no separation. (Ord. No. 78.2912, § 2, 7-25-78) Editor's note ­Amendments to the building code are history noted , immediately following the affected subsection. See also the editor's note at § 8.16. Sec. 8.18. bfinimum requirements; conflict with other regula. r tions. The provisions of this code shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of the City of Iowa City, Iowa. Any higher standard in a statute of the State of Iowa or ordinance of the City of Iowa City shall be applicable. (Ord. No. 77-2859, § 4, 9-6-77) Note—See the editor's note for § 8.16. Sec. 8.19. Fire zones. (a) Generally. The following shall constitute fire zones of the city and no building of any description whatsoever or Supp. No. 4 - 650 MICROFILMED BY JORM MICR;LAB CEDAR RAPIDS • DES MOINES I § 8-17 IOWA CITY CODE I pancies. The area of individual accessory uses within a covered mall building shall not exceed three (3) times the basic area permitted by Table No. 5-C of this code for the type of construction and the occupancy involved. The ag- gregate area of all accessory uses within a covered mall building shall not exceed twenty-five (25) per cent of the grass leasable area. An attached garage for the storage of passenger vehicles having a capacity of not more than nine (9) persons and openparking garages may be considered as a separate building when they are separated from the covered mall building by an occupancy separation having a fire endur. ance time period of at least two (2) hours. (b) Mized occupancy. Individual tenant spaces within a covered mall building which comprise a distinct "occu- pancy," as described in Chapters 5, 6, 7, 8, 11, 12 and 13 of this code, shall be separated from any other occupancy as i specified in Section 503(d) of this code. Exception: A main entrance which opens onto a mall need �. have no separation. (Ord. No. 78.2912, § 2, 7-25-78) Editor's note ­Amendments to the building code are history noted , immediately following the affected subsection. See also the editor's note at § 8.16. Sec. 8.18. bfinimum requirements; conflict with other regula. r tions. The provisions of this code shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of the City of Iowa City, Iowa. Any higher standard in a statute of the State of Iowa or ordinance of the City of Iowa City shall be applicable. (Ord. No. 77-2859, § 4, 9-6-77) Note—See the editor's note for § 8.16. Sec. 8.19. Fire zones. (a) Generally. The following shall constitute fire zones of the city and no building of any description whatsoever or Supp. No. 4 - 650 MICROFILMED BY JORM MICR;LAB CEDAR RAPIDS • DES MOINES U BUILDINGS AND BUILDING REGULATIONS § B-19 addition thereto or repair thereto shall be erected within such limits, unless the same complies with the building code of the city and the provisions of this chapter. (b) Fire district. The entire city is hereby declared to be and it is hereby established as a fire district pursuant to the laws of the state. (c) Fire zones. The fire district of the city is hereby di- vided into three (3) fire zones designated as Zones 1, 2 and 3. Supp. No. 4 660.1 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES ■ a 110USIN0 § 17-4 bar of occupants sharing the single toilet does not ex- ceed eight (8) persons. (h) Sharing a bath. The occupants of two (2) or more Type III dwelling units may share a bath provided the total number of occupants in the two (2) or more Type III dwelling units sharing a single bath does not exceed eight (8) persons. (i) Sharing a lavatory basin. Every Type III dwelling shall contain a lavatory basin or lavatory basins within the room or rooms in which the communal toilet or toilets are located, and the total number of lavatory basins shall not be less than the total number of toilets. (j) Creation of divelling unit sharing a toilet and bath. No dwelling unit shall be permitted where occupants share a toilet, a bath, or a lavatory basin with the occupants of another dwelling unit or other dwelling units, in accordance with the provisions contained herein, unless such unit has been created in accordance with the pro- visions of the Iowa City Municipal Code applicable at the time of its creation, and every such dwelling unit v is located in a Type III dwelling for which a valid Type III dwelling permit was issued in accordance with the provisions contained herein, and in effect on the effec- tive date of this chapter. (k) Location of comntnual toilets and baths. Every com- munal toilet and bath shall be accessible to the occu- pants of each dwelling unit without passage through another dwelling unit. They shall be located on the same floor or the floor immediately above or below the dwelling unit. (1) IValer heating facilities required. Every kitchen sink, bath and lavatory basin required in accordance with the provisions of the Housinir Code shall be properly connected with supplied water heating facilities. Every supplied water heating facility shall be properly con- nected and shall be capable of heating water to such a SaPP. No. 4 1161 MICROFILMED OY JORM MICR;LAB CEDAR RAPIDS • DES MOINES u $ 17-4 IOIVA CITY CODE temperature as to permit an adequate amount Of water to be drawn at every kitchen sink and lavatory basin required under the provisions of the Housing Code at a temperature of not less than one hundred twenty (120) degrees Fahrenheit (forty-eight (48) degrees C). Such supplied water heating facilities shall be capable of meeting the requirements of this section where the required dwelling or dwelling unit heating facilities are not in operation. (m) Connection of sanitary facilities to 'cater and sewer systens. Every kitchen sink, toilet, lavatory basin and bath shall be in good working condition and properly connected to an approved water and sewer system. (n) Exits. (1) Two (2) means of egress required: a. Every dwelling unit and rooming unit shall have access to two (2) independent, unob• structed of egress remote from each other. At least one shall be an exit which discharges di- rectly or via corridors or stairways or both to a public way. (2) Every means of egress shall comply with the fol• lowing requirements: a. It shall be kept in a reasonably good state of repair. b. Ilandrails. 1. All stairways comprised of four (4) or more risers shall be provided with a sub. stantial handrail. 2. All handrails hereafter installed shall be installed so that all stairways comprised Of four (4) or more risers shall have handrails on each side, and every stairway more than eighty-eight (88) inches in width shall be provided with not less than one intermediate handrail for each eight - Supp. No. A eight (88) inches of width. Intermediate 1182 MICROFILMED BY JORM MICR;LAB CEDAR RAPIDS • DES MOINES 1,," HOUSING § 17-4 handrails shall be spaced equally within the entire width of the stairway. They shall be continuous the full length of the I stairs and, except for private stairways, �I at least one handrail shall extend not less than six (6) inches beyond the top and bottom risers. Ends shall be returned or shall terminate in news] posts or safety terminals. Exception: Stairways forty-four (44) inches or less in width and stairways serving one individual dwelling unit may have one handrail, except that such stair- way open on one or both sides shall have handrails provided on the open sides. 3. All handrails hereafter installed shall be substantial and shall be located between thirty (30) and thirty-four (34) inches above the nose of the stair treads. ��. c. [Existing] guardrails. I I I. All unenclosed floor and roof openings, open and glazed sides of landings and ramps, balconies or porches which are more than thirty (30) inches above grade or [above the] floor below, and [nny] roof used for other than service of the j building shall be protected by a substan- tial and safe guardrail. d. New guardrail construction. L Guardrails hereafter constructed shall be I not less than forty-two (42) inches in height. Open guardrails and stair rail- ings shall have intermediate rails, bal- usters or other such construction such that a sphere of nine (0) inches in di- ameter cannot pass through. Exception: L Guardrails serving one dwelling unit shrill be not less than thirty-six (36) Supp. No. 4 inches in height. j 1163 i MICROFILMED BY JORM MIC R+L AB CEDAR RAPIDS • DES MOINES a 1.' 1 IOWA CITY CODE § 17.4 Interior guardrails within in ividual dwelling units or rooming units be thirty-six (36) inches ill height - . All stairs and steps shall h a e, inches and a tread of not more than eight (8) inches. width of not less than alwindows below the f. All exterior doors and second floor of a dwelli,ockhns devlceulPped with asafe-functioning 680, During the per - g, Effective November 1, inspector tion of the year when the against the deems it necessary door, opening directly elements and colduevery rooming unit to out a dwellin6 plied storm doors door space, shall h�evice;and every window with a self-closing or other device with opening;1eo `th ustorm space shall likewise be suPP windows, except where such other device for (^ protection against the elemlass an angulated provided such as insulating g metal exterior doors. official Exception: Dwellinca O gasthnvied ng special action of the city significance ftl e eXt icnld fromlthe ural babove door/windowhre' be exemp quirements. h. Nl existing fire escape shall be deemed n su - ficient means of egress unlleslls it I Codes of piiance with the Building Iowa City. here one is (3) invade basement unich ts IN ow shall penndirectlyrt egress street or yard, shall be at least twelve (12) square Ii, 6.9-78; Ord. No. feet in area clear of sash frame and shall open readily. (Oe . No. q - 891, §9; Ord. No. 79-2672, 79-2953, as §� O, (3), 9-18-79; Ord. No.79-2977, �i 2(1 — 2 2 2, 11.6-79) (3), 10.30-79; Ord, No. 79-2978, snpp• NO- '1 1164 MICROFILMED DY JORM MICR �LAE3 CEDAR RAPIDS - DES MOINES 1 IOWA CITY CODE § 17.4 Interior guardrails within in ividual dwelling units or rooming units be thirty-six (36) inches ill height - . All stairs and steps shall h a e, inches and a tread of not more than eight (8) inches. width of not less than alwindows below the f. All exterior doors and second floor of a dwelli,ockhns devlceulPped with asafe-functioning 680, During the per - g, Effective November 1, inspector tion of the year when the against the deems it necessary door, opening directly elements and colduevery rooming unit to out a dwellin6 plied storm doors door space, shall h�evice;and every window with a self-closing or other device with opening;1eo `th ustorm space shall likewise be suPP windows, except where such other device for (^ protection against the elemlass an angulated provided such as insulating g metal exterior doors. official Exception: Dwellinca O gasthnvied ng special action of the city significance ftl e eXt icnld fromlthe ural babove door/windowhre' be exemp quirements. h. Nl existing fire escape shall be deemed n su - ficient means of egress unlleslls it I Codes of piiance with the Building Iowa City. here one is (3) invade basement unich ts IN ow shall penndirectlyrt egress street or yard, shall be at least twelve (12) square Ii, 6.9-78; Ord. No. feet in area clear of sash frame and shall open readily. (Oe . No. q - 891, §9; Ord. No. 79-2672, 79-2953, as §� O, (3), 9-18-79; Ord. No.79-2977, �i 2(1 — 2 2 2, 11.6-79) (3), 10.30-79; Ord, No. 79-2978, snpp• NO- '1 1164 MICROFILMED DY JORM MICR �LAE3 CEDAR RAPIDS - DES MOINES f HOUSING § 17.5 Sec. 17.5. Minimum standards for lighting, ventilation, and heating. No person shall occupy as owner -occupant, or let to an- other for occupancy, any dwelling unit, or portion thereof, for the purpose of living therein, which does not comply with the following requirements: (a) Minimum rear yard requirements. Every single- and two-family dwelling shall have a rear yard which is a minimum of ten (10) feet deep for structures one story in height, plus two (2) feet for each additional story. P• No, A MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i i I i I, i I I. , I 9 HOUSING § 17.6 heating units with plenum shall have a limit con- trol to prevent overheating. (Ord. No. 78-2891, § II, 5-9-78; Ord. No. 79-2953, §§ 2(5)—(7), 5-8-79; Ord. No. 79-2972, § 2(4), 9-18-77) Sec. 17.6. Minimum space, use and location requirements. No person shall occupy as owner -occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein, which does not comply with the following requirements: (a) Habitable room size. All habitable rooms used for liv- ing, sleeping and eating shall contain at least eighty (80) square feet of floor area and no such room shall be less than seven (7) feet wide. The minimum size for habitable rooms used for food preparation shall be forty (40) square feet in area and a kitchenette may be less than seven (7) feet wide. In all dwellings and in each apartment or group or suite of rooms, there shall be at least one room containing not less than one hundred twenty (120) square feet of floor area. (b) Floor area per occupant. Every dwelling unit shall contain at least one hundred fifty (150) square feet of floor space for the first occupant thereof and at least one hundred (100) additional square feet of floor space for every additional occupant thereof. (c) Air space in sleeping rooms. In every dwelling unit of two (2) or more rooms, every room occupied for sleep• ing purposes shall contain at least four hundred (400) cubic feet of air space for each occupant twelve (12) Years of age or older and at least two hundred (200) cubic feet of air space for each occupant under twelve (12) years of age. (d) Ceiling height. Na room hereafter converted or con- structed for habitable purposes in any dwelling shall be in part less than seven (7) feet high from finished floor to finished ceiling; the average height of any Supp. No. A 1169 MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES I § 17-6 IOWA CITY CODE such room shall not be less than seven (7) feet, six (6) inches. Any habitable room located directly below a roof in a private or two-family dwelling requires a seven -foot ceiling height in one-half its area, and areas of less than five (6) feet ceiling height shall not be considered as a part of the required room area. (e) Direct access. Access to each dwelling unit or rooming unit shall not require first entering any other dwelling unit or rooming unit (except that access to rooming units may be through a living room of a unit occupied by the owner -operator of the structure). (f) Basement space inay be habitable. No basement space shall be used as a habitable area unless: (1) The floor and walls are of waterproof and damp- proof construction. (2) The total window area in each room is equal to at least the minimum window area sizes as rqeuired in subsections 17-6(e) and (g)(1)a. (3) The ceiling height shall be in accordance with 17-6(d). (4) There shall be appurtenant to such room the use of a toilet room. (Ord. No. 78-2891, § II, 6.9-78; Ord. No. 79.2962, § 2, 7-17-79; Ord. No. 79.2977, §§ 2(4), (6), 10-30.79) Sec. 17-7. nbe relating tto he mainte- nance ofdwellings ddwelling No person shall occupy as owner -occupant or let to another for occupancy any dwelling unit, or portion thereof, for the purpose of living therein, which does not comply with the fol- lowing requirements: (a) Maintenance of stnlcture. Every foundation, roof, floor, wall, ceiling, stair, step, sidewalk and every window door and other aperture covering shall be maintained in good condition. SUPP• No. 4 1170 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES , § 17-6 IOWA CITY CODE such room shall not be less than seven (7) feet, six (6) inches. Any habitable room located directly below a roof in a private or two-family dwelling requires a seven -foot ceiling height in one-half its area, and areas of less than five (6) feet ceiling height shall not be considered as a part of the required room area. (e) Direct access. Access to each dwelling unit or rooming unit shall not require first entering any other dwelling unit or rooming unit (except that access to rooming units may be through a living room of a unit occupied by the owner -operator of the structure). (f) Basement space inay be habitable. No basement space shall be used as a habitable area unless: (1) The floor and walls are of waterproof and damp- proof construction. (2) The total window area in each room is equal to at least the minimum window area sizes as rqeuired in subsections 17-6(e) and (g)(1)a. (3) The ceiling height shall be in accordance with 17-6(d). (4) There shall be appurtenant to such room the use of a toilet room. (Ord. No. 78-2891, § II, 6.9-78; Ord. No. 79.2962, § 2, 7-17-79; Ord. No. 79.2977, §§ 2(4), (6), 10-30.79) Sec. 17-7. nbe relating tto he mainte- nance ofdwellings ddwelling No person shall occupy as owner -occupant or let to another for occupancy any dwelling unit, or portion thereof, for the purpose of living therein, which does not comply with the fol- lowing requirements: (a) Maintenance of stnlcture. Every foundation, roof, floor, wall, ceiling, stair, step, sidewalk and every window door and other aperture covering shall be maintained in good condition. SUPP• No. 4 1170 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ■. , HOUSING § 17-7 (1) Every door, door hinge, door latch and door lock shall be in good condition and every door, when closed, shall fit reasonably well within its frame. There shall be no exposed cracks or openings in or, around door frame. All windows and exterior doors, and their frames, shall be constructed and maintained in weatherproof condition. (2) Every doorway providing ingress or egress from any dwelling unit, rooming unit or habitable room shall be at least six (6) feet, four (4) inches high and twenty-four (24) inches wide. All entrance doorways to dwelling units and rooming units shall be equipped with doors which effectively close ithe doorway. (8) Every interior partition, wall, floor and ceiling I shall be capable of affording privacy and main- tained so as to permit them to be kept in a clean and sanitary condition. i (4) Every foundation, exterior wall, exterior door and room shall be reasonably weathertight, watertight, rodentproof and inseetproof. (b) Rainaaater drainage. All eaves, troughs, downspouts and other roof drainage equipment of the dwelling and its accessory structures shall be maintained in a good state of repair and so installed as to direct rainwater away from the structure. (c) Chimneys and smokepipes. Every chimney and every supplied smokepipe shall be adequately supported, rea- atnte of repair. sonably clean and maintain adequately in a reasonably good (d) Grading, drainage and landscaping o/ prenuses: Every Premises shall be graded and drained so no stagnant water will accumulate or stand on the premises, and every premises shall be continuously maintained In a jsanitary, erosion -free, and dust -free condition by suit- able landscaping with grass, trees, shrubs or other planted ground cover or by paving with asphalt, con - Supp. No. 4 1171 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ,1 HOUSING § 17-7 (1) Every door, door hinge, door latch and door lock shall be in good condition and every door, when closed, shall fit reasonably well within its frame. There shall be no exposed cracks or openings in or, around door frame. All windows and exterior doors, and their frames, shall be constructed and maintained in weatherproof condition. (2) Every doorway providing ingress or egress from any dwelling unit, rooming unit or habitable room shall be at least six (6) feet, four (4) inches high and twenty-four (24) inches wide. All entrance doorways to dwelling units and rooming units shall be equipped with doors which effectively close ithe doorway. (8) Every interior partition, wall, floor and ceiling I shall be capable of affording privacy and main- tained so as to permit them to be kept in a clean and sanitary condition. i (4) Every foundation, exterior wall, exterior door and room shall be reasonably weathertight, watertight, rodentproof and inseetproof. (b) Rainaaater drainage. All eaves, troughs, downspouts and other roof drainage equipment of the dwelling and its accessory structures shall be maintained in a good state of repair and so installed as to direct rainwater away from the structure. (c) Chimneys and smokepipes. Every chimney and every supplied smokepipe shall be adequately supported, rea- atnte of repair. sonably clean and maintain adequately in a reasonably good (d) Grading, drainage and landscaping o/ prenuses: Every Premises shall be graded and drained so no stagnant water will accumulate or stand on the premises, and every premises shall be continuously maintained In a jsanitary, erosion -free, and dust -free condition by suit- able landscaping with grass, trees, shrubs or other planted ground cover or by paving with asphalt, con - Supp. No. 4 1171 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES D § 17-7 IOWA CITY CODE - Crete, or by such other suitable means as shall be ap- proved by the housing inspector. Where a premises is occupied or shared by less than three (3) dwelling units, the continued maintenance of the premises in the above condition shall also be the responsibility of the occupants. (e) Protection of exterior wood surface. All exterior wood surfaces of the dwelling and its accessory structures, fences, porches and similar appurtenances shall be reasonably protected from the elements and against decay by paint or other approved protective coating. (f) Electrical sgste?n. The electrical system of every dwell- ing shall not by reason of overloading, dilapidation, lack of insulation or improper fusing or for any other cause expose the occupants to hazards of electrical shock or to the hazards of fire. (1) Every habitable room shall be equipped with at least one wall -mounted electrical switch .located within three (3) feet of the room entrance and which activates an illuminary within the room. j (2) Every habitable room shall contain at least two (2) separate floor- or wall -type electric double con- venience outlets which shall be situated a distance apart equivalent to at least twenty-five (25) per cent of the perimeter of the room; and every toilet room, bathroom, laundry room, furnace room and public hall shall contain at least one supplied ceil- ing or wall type electric light fixture. Every such outlet and fixture shall be properly installed and shall be maintained in good and safe working condition. (g) Maintenance of Das appliances and facilities. (1) Every gas appliance shall be connected to a gas line with solid metal piping except that listed metal appliance connectors or semi-rigid tubing may be used If approved by the housing inspector. Supp. No. 4 1172 MICROFILMED eY JORM MICR;LAB CEDAR RAPIDS • DES MOINES U MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0012 i i i ^ HOUSING § 17-7 (2) Every gas pipe shall be sound and tightly put to- gether and shall be free of leaks, corrosion or ob- struction so as to reduce gas pressure or volume. (3) Gas pressure shall be adequate to permit a proper flow of gas from all open gas valves at all times. (h) Maintenance of supplied plumbing fixtures. Every sup- plied plumbing fixture and water and waste pipe shall be properly installed and maintained in good, sanitary working condition. (1) All plumbing hereafter installed or replaced shall be so designed and installed as to prevent con- tamination of the water supply through back flow, back alphonage, cross connection and any other method of contamination. (2) Water pressure shall be adequate to permit a proper flow of water from all open outlets at all times. (i) Surfaces impervious to water. Every toilet room floor surface, bathroom floor surface and kitchen floor sur- face shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. (j) Supplied facilities. No owner or operator shall cause any surface, facility, equipment or utility which is required to be supplied under the provisions of the housing code to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit let or occu- pied by him, except for such temporary interruption as may be necessary while actual repairs, replacements or alterations are being made. (k) Covered cisterns. All cisterns or similar water storage facilities shall be fenced, safely covered or filled in such a way as not to create a hazard to life or -limb. (1) Sealed passages. All pipe passages, chutes and similar openings through walls or floors shall be adequately Supp. No. 4 , 1193 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0012 i C § 17-7 10jv,j CITY CODE enclosed or sent sage of vermin.. o prevent the spread of fire or (m) Pest exter nination• Eve pas ining two (2) or Every owner of Ill le for the more dwellin a dwelling con Sets 0 °xterminntion of - g units shall be respon- two n the premises. 1l bene in ts'rodents (2) or more of the infestation or Other or in the shared or dwelling units exists in taining two Public parts of °f any dwelling, thereof (2) °r more dI lia any dwell- con - shall be the responsib. units, eXtermin (n) ProlLibited a eintals, Nu y of the owner. anon goat, chickOne , geese orhducksCOW, ahallalf 81�ae' sheep, dwelling or part thereof. Nor shall , any kept on the 6e kept m under same lot or premises withay Such such conditions as a dwellinalmal be housing insPector, May be Arescue 9 except (°) 010ner to let by the Pane clean units. No owner shall unless it is el anvacant dwelling unit Permit occu- (P) �11ail!Wn3 sanitary and fit for or rooming unit 1nY61ic human occupancy, taining two areas. Every owner of sible for (2) °r more dwelling units ahnllve111a the shared aintainin g Con' g in n safe and sanitar be respon- thereof, Public areas of the sy condition (9) maintenance o dwelling and premises reasonablyf f°laces. Every fence shall good state of maintenencealll b be removed. kept in a (r) Naintenance o Te�air or exterior f accessory slraclures• Ever hate wa wall, r°of, window exterior y foundation, Y and every other entranceway 00" cessory structure ahall basement the structure fro be so maintainedaOf every ac- ahall be ke u reasonably a harborage oto Prevent (Ord. At in No, 7g-2801 nably good state of re rats and , 5-8-70; rd. No7 70 _29 -2953 70-2068, §§ Supe. No�g30 79) §§ 2(0), (7). 1174 MICROFILMED BY JORM MICR+LAE! CEDAR RAPIDS • DES MOINES \ C § 17-7 10jv,j CITY CODE enclosed or sent sage of vermin.. o prevent the spread of fire or (m) Pest exter nination• Eve pas ining two (2) or Every owner of Ill le for the more dwellin a dwelling con Sets 0 °xterminntion of - g units shall be respon- two n the premises. 1l bene in ts'rodents (2) or more of the infestation or Other or in the shared or dwelling units exists in taining two Public parts of °f any dwelling, thereof (2) °r more dI lia any dwell- con - shall be the responsib. units, eXtermin (n) ProlLibited a eintals, Nu y of the owner. anon goat, chickOne , geese orhducksCOW, ahallalf 81�ae' sheep, dwelling or part thereof. Nor shall , any kept on the 6e kept m under same lot or premises withay Such such conditions as a dwellinalmal be housing insPector, May be Arescue 9 except (°) 010ner to let by the Pane clean units. No owner shall unless it is el anvacant dwelling unit Permit occu- (P) �11ail!Wn3 sanitary and fit for or rooming unit 1nY61ic human occupancy, taining two areas. Every owner of sible for (2) °r more dwelling units ahnllve111a the shared aintainin g Con' g in n safe and sanitar be respon- thereof, Public areas of the sy condition (9) maintenance o dwelling and premises reasonablyf f°laces. Every fence shall good state of maintenencealll b be removed. kept in a (r) Naintenance o Te�air or exterior f accessory slraclures• Ever hate wa wall, r°of, window exterior y foundation, Y and every other entranceway 00" cessory structure ahall basement the structure fro be so maintainedaOf every ac- ahall be ke u reasonably a harborage oto Prevent (Ord. At in No, 7g-2801 nably good state of re rats and , 5-8-70; rd. No7 70 _29 -2953 70-2068, §§ Supe. No�g30 79) §§ 2(0), (7). 1174 MICROFILMED BY JORM MICR+LAE! CEDAR RAPIDS • DES MOINES HOUSING § 17-8 Sec. 17.8. Responsibility of occupants relating to the mainte- nance of dwellings and rooming units. (a) Occupant responsible for controlled area. Every occu- pant of a dwelling or dwelling unit shall keep in a clean, safe and sanitary condition that part of the dwelling, dwelling unit and premises thereof he/she occupies and controls. (1) The floor and floor covering shall be kept reasonably clean and sanitary. (2) Every wall and ceiling shall be reasonably clean and free of dirt or greasy film. (3) No dwelling or the premises thereof shall be used for the storage or handling of refuse. (b) Plumbing fixtures. The occupants of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the use and operation thereof. (c) Extermination of pests. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling contain- ing more than one dwelling unit shall be responsible for such extermination within the unit occupied by him/her whenever said dwelling unit is the only one infested. Notwithstanding, Supp. No. 4 1174.1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES a i 1 HOUSING § 17-8 Sec. 17.8. Responsibility of occupants relating to the mainte- nance of dwellings and rooming units. (a) Occupant responsible for controlled area. Every occu- pant of a dwelling or dwelling unit shall keep in a clean, safe and sanitary condition that part of the dwelling, dwelling unit and premises thereof he/she occupies and controls. (1) The floor and floor covering shall be kept reasonably clean and sanitary. (2) Every wall and ceiling shall be reasonably clean and free of dirt or greasy film. (3) No dwelling or the premises thereof shall be used for the storage or handling of refuse. (b) Plumbing fixtures. The occupants of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the use and operation thereof. (c) Extermination of pests. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling contain- ing more than one dwelling unit shall be responsible for such extermination within the unit occupied by him/her whenever said dwelling unit is the only one infested. Notwithstanding, Supp. No. 4 1174.1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES a i MICROFILMED 8Y JORM MICR;LA13 CEDAR RAPIDS • DES MOINES M Chapter 28 PLDIIIBING* Art 1. In General, §§ 28.1-28.17 Art. II. Administration and Enforcement, §§ 28-18--28.32 Art. III. Licenses and Permits, §§ 28.33-28-48 ARTICLE I. IN GENERAL Sec. 28.1. Definitions. The following terms are defined [for the purposes of this chapter]: (a) blaster plumber. The term "master plumber" means any person who undertakes or offers to undertake to plan for, lay out, supervise and do plumbing for a fixed sum, fee or other compensation. (b) Journeyman plumber. The term "journeyman plumber" means any licensed person who labors at the trade of plumbing as an employee. (Ord. No. 77-2874, § 4, 12-20-77) § 1.2. C. Cross reference—Rules of construction and definitions generally, Sec. 28.2. Code—Adopted. Subject to the following amendments, the 1076 Edition. of the Uniform Plumbing Code is hereby adopted. (Ord. No. 77-2874, § 2, 12-20-77) Cross references—Buliding code, Ch. 8, Art. li; code for abatement of dangerous buildings, § 8.31; mechanical codes adopted, § 8.44; electrical code adopted, § 11-6. State law reference—Authority to adopt technical cedes by reference, I.C.A. § 880.10. -Editor's note—Ord. No. 77-2874, § 80, enacted Dec. 20, 1977, repealed Ord. No. 74-2710, §§ 2.27, enacted April 4, 1074, from which Ch. 28 In its entirety was derived. Sections 2-28 of Ord. No. 77.2874 con. tained provisions which the editors have codified as a new Ch. 28. Section 29 provides the copies of that plumbing code may be found in the city clerk's office. Crass references—Buildings and building regulations, Ch. 8; clew trical regulations, Ch. 11; fire prevention and protection, Ch. 12; hous- ing, Ch. 17; mobile homes and mobile home parks, Ch. 22; planning, Ch. 27; subdivision regulations, Ch. 32; zoning regulations; App. A: Supp. No. 4 1903 MICROFILMED 8Y JORM MICR;LA13 CEDAR RAPIDS • DES MOINES M § 28-3 IOWA CITY CODE Sec. 28.3. Same—Amendments. 28-2 of this chapter is hereby [The code adopted by section amended as follows): (1) part 1, Administration, is deleted. (2) Section 810(c) is deleted. (3) Section 401 is amended to read as follows: No pVS or ABS shall be used under the floor. (4) Section 400 is amended by addition of the following: a) shall apnly when The requirements of Section the(admin'�stratveoauthority it is determined necessary by or the engineers of the governing body, based on local con- ditions. (5) Section 505(d) is amended by adding the following: The vent through the roof shall not be less than two (2) inches in diameter. (6) Section 506(a) is amended to read: Each vent pipe or stack shall extend through its flashing and shall terminate vertically not less than one loot abov the roof an not less than one foot from any vertical sure face. (7) Section 608 is amended as follows: rell sub - After the word ,machine in and the last par byloopi S stitute a comma for the period the discharge line of the dishwasher as high as possible near the flood level of the kitchen sink." (8) Table 7-1 is hereby amended by deleting the trap to vent distances and substituting the following: estmuc Trap to Vent in Feet Trap Arm 6 1% 6 11/: 8 2 12 3 12 4 and larger Supp. No. 4 1004 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOIIIES i ■, „ ��. STREETS, SIDEWALKS, PUBLIC PLACES § 31-11D Sec. 31.100. Same—ConfOrmanee required. Permanent sidewalks shall be constructed, reconstructed and repaired in accordance with the plans and specifications there- for of the city engineer, approved by the city council, and filed in the office of the city clerk, as provided in section 31-108. (Code 1066, § 0.60.5A; Ord, No. 2528) Sec. 31-110. Permit. (a) No person other than those employed by, or under contract with the city, shall construct any permanent sidewalk within the city without first having obtained a permit from he city engineer to do so. (b) The application therefor shall be in writing and shall of land in front of which the sie- wesignate ealk is to bebuilt, and the s or name or names of the overs there. of, and no permit shall be issued by the city engineer if, in his judgment, it is not advisable to do so, and no permit so issued shall be valid for a period of more than thirty (30) days, (Code 1066, § 0.60.5B; Ord. Ch. 21. No. 2528) Crave reference—Licenses and miscellaneous business regulations, Sec, 31-111. Order to construct or repair. The council may order the construction of permanent side- walks upon any street, alley, public ground or way in ac- cordance with state law governing special assessment for public improvements. (Code 1066, § 0.60.5D; Ord, No. State Imv reference—Authority, I.C.A. § 3Gf.12 2 ( ) (d). 2628) Sec. 31-112. Repairs generally. The repair, replacement or reconstruction of a permanent sidewalk shall be under the direction of the city engineer, and may be ordered pursuant to chapter 364 of the Code of Iowa. (Code 1060, § 0.60.5L; Ord, No. 2528) Sees. 31-113-31.110. Reserved. SuPP. No. 4 j 2130 MICR11ILM11 11 JORM MICR+LA13 CEDAR RAPIDS • DES M0IaES �1 ��. STREETS, SIDEWALKS, PUBLIC PLACES § 31-11D Sec. 31.100. Same—ConfOrmanee required. Permanent sidewalks shall be constructed, reconstructed and repaired in accordance with the plans and specifications there- for of the city engineer, approved by the city council, and filed in the office of the city clerk, as provided in section 31-108. (Code 1066, § 0.60.5A; Ord, No. 2528) Sec. 31-110. Permit. (a) No person other than those employed by, or under contract with the city, shall construct any permanent sidewalk within the city without first having obtained a permit from he city engineer to do so. (b) The application therefor shall be in writing and shall of land in front of which the sie- wesignate ealk is to bebuilt, and the s or name or names of the overs there. of, and no permit shall be issued by the city engineer if, in his judgment, it is not advisable to do so, and no permit so issued shall be valid for a period of more than thirty (30) days, (Code 1066, § 0.60.5B; Ord. Ch. 21. No. 2528) Crave reference—Licenses and miscellaneous business regulations, Sec, 31-111. Order to construct or repair. The council may order the construction of permanent side- walks upon any street, alley, public ground or way in ac- cordance with state law governing special assessment for public improvements. (Code 1066, § 0.60.5D; Ord, No. State Imv reference—Authority, I.C.A. § 3Gf.12 2 ( ) (d). 2628) Sec. 31-112. Repairs generally. The repair, replacement or reconstruction of a permanent sidewalk shall be under the direction of the city engineer, and may be ordered pursuant to chapter 364 of the Code of Iowa. (Code 1060, § 0.60.5L; Ord, No. 2528) Sees. 31-113-31.110. Reserved. SuPP. No. 4 j 2130 MICR11ILM11 11 JORM MICR+LA13 CEDAR RAPIDS • DES M0IaES § 31.120 IOWA CITY CODE DIVISION 3. ICE AND SNOW REMOVAL• Sec. 31-120. Removal required. No owner, tenant, or person in charge of property shall al- low snow or ice accumulations to remain upon abutting side- walks for more than twenty-four (24) hours. (Code 1966, § 4.26.1; Ord. No. 2550) Sec. 31.121. Removal by city. (a) Snow or ice accumulations which have remained on any sidewalk in the city for a period of twenty-four (24) hours may be removed by the city without notice to the owner, tenant or person in charge of property abutting such sidewalk. (b) The expense thereof, as to the actual amount, shall be certified to the city council and assessed against the abut- ting property by resolution of such council and the assess- ment certified by the city clerk to the county auditor for collection. (c)The removal of the snow or ice accumulations by the city shall not operate as a waiver of the right of the city of enforcing obedience to its ordinances for removal of ice and snow, by fine or by imprisonment, pursuant to the laws of the state. (Code 1966, § 4.26.2; Ord. No. 2550; Ord. No. 79-2979, § 2, 11-6-79) Sec. 31.122. Notice to owner not to extend time for removal. Any notice as to removal of snow or ice by the city to any owner, tenant or person in charge of property shall not extend the time period for removal or the removal by the city or of the assessment of costs thereof or commission of the offense as specified in this division. (Code 1966, § 4.26.3; Ord. No. 2660, Ord. No. 79-2979, § 2, 11-6-79) *Cross reference"now removal in City Plus, § 0.1-7(g); parking during snow emergencies, § 23-206 et seq. State law reference—Owner responsible for, I.C.A. § 364.12(2)(b). Supp. No. 4 2140 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ■ EO SIDEWALKS EWALKS, I PUBLEC PLACES § 31-133 � Sec. 31.123. Director's rule-makin The director may g authority. I able end eaters y rules and make' amend, revoke and enforce reason. limited to speciaslrysnow removal eerviceasforothe ]g but and hation andicapped; a cap3' of an I issued under the y and all rules and regulations the office of the provision of this section shall be filed in ' a ection d y clerk and shall be available for in. ng normal business hours. (Ord. No. 79-2979, I $ 2, i1-6.79) Secs. 31-124-31-133. Reserved. SYPP. No. 4 2140.1 MICROFILMED BY r JORM MICR+LAB CEDAR RAPIDS • DES MOINES i APPENDIX A—ZONING § 8.10.35.11 related information about the business being conducted on the premises. These signs may also include infor- mation relative to the acceptance of credit cards or bank cards. (Ord. No. 74-2738, § II(N), 10-29-74) 7. One (1) identification or advertising facia sign not to exceed sixty-five (65) per cent of the maximum square footage for facia signs in the CBS Zone shall be per- mitted in those instances where a commercial business shall have frontage on two (2) intersecting streets. This facia sign shall not be located on the same building face as that on which a facia sign, as permitted in paragraph B.1 above, is located. (Ord. No. 79-2075, § 2, 10-9-79) C. Special requirements. 1. All facia signs shall project no more than one (1) foot from the building and shall not extend above the roof line. 2. Monument signs are prohibited in this Zone. All under - canopy signs shall not exceed a maximum dimension of six (6) feet and/or in any case more than seventy- five (75) per cent of the width of the canopy to which it is attached. No portion of said sign shall be less than ten (10) feet above grade level. 3. All directory signs shall not exceed four (4) square feet in area and no dimension of said sign shall exceed two and one-half (21/.,) feet. 4. No roof signs, off -premises signs or billboards shall be permitted in the central business service district zone. 5. No temporary painted, cardboard, plastic, paper or similar material signs shall be permitted to be attached to any window or outside wall in the central business service district zone. (Ord. No. 73-2683, § XII, 8-25-73; Ord. No. 74-2744, § Il, 11-12-74) Supp. No. 4 2575 MICROFILMED BY JORM MICR6LA9 CEDAR RAPIDS • DES MOIIIES E MICROFILMED BY JORM MICR¢LA6 CEDAR RAPIDS • DES MOINES I §'8.10.35.12 IOWA CITY CODE 8.10.35.12 1111, 112 and ORP Zone regulations. i MICROFILMED BY JORM MICR¢LA6 CEDAR RAPIDS • DES MOINES I §'8.10.35.12 IOWA CITY CODE 8.10.35.12 1111, 112 and ORP Zone regulations. A. General requirements. 1. No sign shall be erected within fifty (50) feet of residential districts which abut 1111,112 and ORP Zones. In all instances as described above, all permitted sign- age shall be bound by all regulations and requirements of signage used in 01 Zones. (Ord. No. 74-2724, § II, 6-18-74) 2. In the event that five (5) or more uses or buildings are contiguous, and individual facts signs as listed below in section (B) (1) (a) are erected, a common major sign of the type permitted in section (B)(1)(b) or (B)(1) (c) may be permitted provided, however, that the fol- lowing conditions are met. a. The area of the common sign shall not exceed one hundred seventy-five (175) square feet. b. The area of the common sign shall be deducted from the total maximum permitted sign area for all of the individual facia signs, and c. The area of the common sign shall be deducted an equal amount from the maximum permitted sign area for each individual facia sign. (Ord. No. 79- 2960, § 213, 7-3-79) B. Permitted signs. 1. No more than one (1) of the following signs (a, b, or c) shall be permitted. a. One (1) on -premises identification and/or adver- tising facia sign shall be allowed provided it does not exceed twenty (20) per cent of the area of the front wall of the building. If the building is higher than one story, and the business occupies more than one story, then the maximum size signage per- mitted shall be determined by using twenty (20) per cent of the area of the face (or front well) of Supp• No. 4 2576 MICROFILMED BY JORM MICR¢LA6 CEDAR RAPIDS • DES MOINES I D C supp. No. 4 APPENDIX A—ZONING § 8.10.35.12 the building that is occupied by the business. said sign may be non -illuminated or internally or ex- ternally lighted with a non -flashing light source. b. One (1) on -premises identification monument sign not to exceed one (1) square foot per lineal foot of building frontage up to a maximum total signage of seventy-five (76) square feet. In those instances where building frontage shall exceed one hundred fifty (160) lineal feet, one-half (1h) square foot per lineal foot of building frontage with a maxi- mum total signage of one hundred fifty (160) square feet. G One (1) on -premises identification free-standing sign per occupant not to exceed one (1) square foot Per lineal foot of building frontage and not to exceed fifty (60) square feet per sign face shall be Permitted. said sign shall consist of not more than two (2) faces, said faces to be parallel or to form not more than forty-five degree (46) angle with each other and may be nanilluminated or internally or externally lighted with a nonflashing light source. 2676.1 MICROFILMED 11 JORM MICR+LA13 CEDAR RAPIDS • DCS MOI LIES j r C supp. No. 4 APPENDIX A—ZONING § 8.10.35.12 the building that is occupied by the business. said sign may be non -illuminated or internally or ex- ternally lighted with a non -flashing light source. b. One (1) on -premises identification monument sign not to exceed one (1) square foot per lineal foot of building frontage up to a maximum total signage of seventy-five (76) square feet. In those instances where building frontage shall exceed one hundred fifty (160) lineal feet, one-half (1h) square foot per lineal foot of building frontage with a maxi- mum total signage of one hundred fifty (160) square feet. G One (1) on -premises identification free-standing sign per occupant not to exceed one (1) square foot Per lineal foot of building frontage and not to exceed fifty (60) square feet per sign face shall be Permitted. said sign shall consist of not more than two (2) faces, said faces to be parallel or to form not more than forty-five degree (46) angle with each other and may be nanilluminated or internally or externally lighted with a nonflashing light source. 2676.1 MICROFILMED 11 JORM MICR+LA13 CEDAR RAPIDS • DCS MOI LIES j CODE COMPARATIVE TABLE [The next page is 29711 �\ Supp. No. 4 2966 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Section Ord. No. Adpt Date Section this Code 79-2961 7-17-79 1-3 2.206 19-2962 7-17-79 2 17-6(d) 79.2963 7.31-79 2(a) 23.1 2(b) 23-235(18), (19) 2(c) 23.166 79-2964 8-28-79 2A App. A, § 8.10.3 A 2b, 22a 51a, 51b 2B App. A,§8.10.3 A 60 2C-211 APP• A, § 8.10.40.4- 8.10.40.9 3 Rpld App. A, § 8.10.40.4 —8.10.40.16 7D-2966 8.28-79 2A APP• A, § 8.10.3 A 49a 2B App. A, § 8.10.26 B2 79-2967 9.11-79 2 1141 7D-2968 9.11-79 IA,B 31-30(a)(1),(2) 1C 31.30(2)(5) 79-2969 9-18.79 2 32-54(c)(2)(d) 79-2970 9.18-79 2 8-17(13.1) 79-2971 9-18-79 1 16.62(f) 79.2972 9.18.79 2(1) 17-2 2(2) 17-4(n)(1)(a)(2) 2(3) 17.4(n)(2)(g) 2(4) 17-5(c) 70-2973 9.26.79 2 Rpid 6.24 79-2975 10- 9.79 1 App. A, § 8.10.35.11 B7 79-2077 10.30-79 2(1)—(3) 17-4(m)(2) b—d 2(4),(6) 17-6(d), (f)(3) 2(6)1(7) 17-7(f) (1), (h) (1) 70.2978 11- 6-79 2 174(m)(2) g 79.2979 11- 6.79 2 31-121-31.123 [The next page is 29711 �\ Supp. No. 4 2966 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES MICROFILMED BY JORM MICRs LAB CEDAR RAPIDS • DES MOINES 1 CODE INDEX t (� SA10KING_Cont'd. Smoking prohibited in certain areas —._ Purpose of provisions Section 24.6(c) ____ —___ —, Responsibility :Misdemeanor Violation not a misdemeanor —"'— 24.5(a) 24-6(d) __ SNOW EMERGENCIES �— 24-6(g) Parking, stopping and standing __,__._._ ` Traffic. See that title — 23-295 at seq. SNOW REhIOVAL Requirements ._ Streets and sidewalks. Be. thatitle "'"'--- 31-120 et seq, SNOWBALLS Throwing in streets SOLICITORS -------"—' 31.3 Peddlers regulations i __ Peddlers, canvassers and sollcitors. See that title 26-1 at seq. SOLID WASTE DISPOSAL Garbage provisions __" Garbage and trash. See that tfUo 16-1 et seq. Public works department divisions SPECIAL ASSESSMENTS 2-100 Ordinances saved from repeal, other provisions not included herein. Sec the preliminary pages and the adopting ordinance of this code SPORTING EVENTS Group activities in parka �_._._.__—_._- Parks and recreation. Sea that title 26-48 et seq. SPRAYING OF TREES Tree and forestry regulations Forestry. See that title ""—'--- 34.16 etseq. STAGNANT WATER Nuisance abatement regulations._.__-___-_ Nuisances. Sce that title 24-101 et seq. STAAfPS Written, in writing, etc., construed re STATE --- 1.2 Defined _ STORAI SEWERS 1.2 I Subdivision regulations Subdivisions, See that Cillo 32-1 at seg, / Su PP. No. 4 .. . I 309 I MICROFILMED BY JORM MICRs LAB CEDAR RAPIDS • DES MOINES D MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES IOWA CITY CODE STREETS AND SIDEWALRS Section Animals. See also: Animals and Fowl Driving or riding ___— 31-5 Other provisions relative to animals. See; Traffic Feeding animals on streets ___ 31.6 Broadband telecommunications system Condition of street occupancy ._.—__ 14-85 Franchises. See also that title Cellar door, grating, covering of areaway, etc. Uncovered openings 31-7 Coal holes in sidewalks 31-100 Coal holes, stairway entrances, etc. Uncovered openings ___..__— _ 31.7 Coasting or sliding down hills, etc. 31-2 Similar provisions. See: Traffic Curb cuts Driveway width restrictions — _ 31-50 bfodification of footage requirements 31-61 Permits Hard surfaced driveway prerequisite to —_ j 31-71 -- Required 31-10 Proximity of driveways to corners and property lines 31-60 Curfew regulations 24-23 at seq. Curfew. See that title Definitions ____—.___._ 31-1 Driveways Curb cuts. See hereinabove that subject Excavations 31-21 at seq. Electrical franchise rights _ 14.6 Excavations. See also that title Franchise rights, conditions, etc. See; Franchises. See also specific franchised companies Gas franchise rights 14-20 Telephone franchise rights _ ___._— 14.52 at seq. Felling of trees onto streets Tree and forestry regulations — _ 34-16 et seq. Forestry. See that title Fire zones _ _ 8-19 Football, throwing balls, snowballs, missiles, etc. Games In streets 31.3 Games In streets, playing —. 31-3 Grades of public ways Height _—_ 31-0 Reference datum _ 31.8 Sidewalk grades 31-97 Supp. No. 4 3050 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES MICROFILMED BY DORM MICR+LA6 CEDAR RAPIDS • DES MOINES i CODE INDEX �1 STREETS AND SIDEWALKS—Cont'd. Section House moving regulations ._.__---------- 8.66 at seq. House movers. See that title Ice and snow removal 31-123 ___---------- Director's rule-making authority31-122 - Notice to owner re time for removal ------ 31-121 Removal by city------ 31.120 Required — — 22.1 et seq. Mobile homes, etc. _---------- Mobile homes and mobile home parks. See that title offensive or disagreeable sub- ' Nuisance provisions re Nuisance thrown, left or deposited upon --- 24-101(10) stances Numbering of buildings _--------- ------ 31-83 at seq. Ifouse numbering. See that title Obstructions with wood, stone, earth, lumber, Obstructing street 31.4 ----�--- ---- ------ etc. — ----- Ordinances saved from repeal, other provisions not Included herein. See the Preliminary pages and the adopting ordinance of this code Parade or procession 31-1 Defined —---'---"-' 25.1 atseq. Park regulations _—.__---------------"- recreation. See that title Parks and Parking in specified places prohibited 23-235 at seq. Traffic. See that title 31.3 ,. playing games in streets — -- Poles and wires. See also that title 14-1 et seq. Franchise grant regulations — r.....:``,.. _, . `.. Franchises. See that title 26-1 Prohibited activities in parks, etc. ----•— Parks and recreation. See that title 31-1 Public entertainment, defined _...._ _ 2.166 Public works department divisions __----------• Rally or demonstration 31-1 _ Defined __--.---- — Sidewalks 31-100 ' Arens and coal holes Changes in walks prior to certain date ---- ..------- ---- ._ 31.99 31-108 at seq. ' - Construction and repair ._..--------------'—_ 91.97 Grades -_..----- --- See within this title that sub- Ice and snow removal. . ject 31-98 i Location .—.--- — Order to construct or repair _----------" 91.111 Supp. No. 4 3050.1 MICROFILMED BY DORM MICR+LA6 CEDAR RAPIDS • DES MOINES I� II / % IOWA CITY CODE STREETS AND SIDEWALKS—Contd. Permits Plans and specifications Conformance Submission to council, approval Repairs in general \ I Supp. No. 4 3050.2 MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES Section 31-110 31-100 31-108 31.112 i 3050.2 MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES Section 31-110 31-100 31-108 31.112 U RESOLUTION N0. 80-157, Resolution authorizing filing of application with the Environmental Protection Agency, United States of America, for a Grant under the Water Pollution Control Act, (33 U.S.C. 1251 et seq.). WHEREAS, under the terms of the Water Pollution Control Act (33 U.S.C. 1251 et seq.), the United States of America has authorized the making of grants to authorized applicants to aid in the construction of specific public projects, and WHEREAS, the City Council of the City of Iowa City has the legal authority to apply for the grant and to finance, construct and operate the proposed facility, and WHEREAS, the City Council of the City of Iowa City desires that the City Manager, Neal G. Berlin, be authorized to make application for a grant under the Water Pollution Control Act. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, I. That the Mayor and City Clerk of the City of Iowa City, are hereby authorized to execute this Resolution, and 2. That Neal G. Berlin, City Manager, is hereby authorized to execute and file an application on behalf of the City of Iowa City, Iowa, with the United States Government for a grant in aid in the preparation of plans and specifications for the New Water Pollution Control Plant and Outfall Sewer and in the completion of other associated services - Step 2 Grant and he is hereby authorized and directed to furnish such information as the Environmental Protection Agency may reasonably request in connection with such application and to sign all necessary documents and receive payment. It was moved by Roberts and seconded by vevera that the Resolut on e a opte and`upon roll call there were: AYES: NAYS: ABSENT: x ___ Balmer X Erdahl X Lynch —"— -- _ Neuhauser x R Perret x _ Roberts x— ---- Vevera Passed and approved this 29th_ day of Agril_____- 1980. ATTES M� City Clerk MICROFILMED RY JORM MIC R�LA13 CEDAR RAPIDS • DES MOINES I I 1 Resolution No. 80-157 Page 2 CERTIFICATE OF RECORDING OFFICER The undersigned duly qualified and acting City Clerk of the City of Iowa City, Iowa, does hereby certify; That the attached resolution is a true and correct copy of the resolution authorizing the filing of application with the Environmental Protection Agency, as regularly adopted at a legally convened meeting of the City Council, duly held on the _U tom_ day of _ Aprii__, 1980; and, further, that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of April 1980. Dy G CtyCler MICROFILMED DY JORM MICR;LA9 CEDAR RAPIDS • DES MOVIES 1 �R 0c;00i/ I I Resolution No. 80-157 Page 2 CERTIFICATE OF RECORDING OFFICER The undersigned duly qualified and acting City Clerk of the City of Iowa City, Iowa, does hereby certify; That the attached resolution is a true and correct copy of the resolution authorizing the filing of application with the Environmental Protection Agency, as regularly adopted at a legally convened meeting of the City Council, duly held on the _U tom_ day of _ Aprii__, 1980; and, further, that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of April 1980. Dy G CtyCler MICROFILMED DY JORM MICR;LA9 CEDAR RAPIDS • DES MOVIES 1 �R 0c;00i/ I ME'"MORANDUM -1.11 OAf11 April 29, 1980 TO: Dick Plastino / FROM: Linda N. Woito RE: Application for Federal Assistance - U.S.E.P.A. Upon your request of today, I have done a cursory review of the Application and hereby approve as to form. LNW/ej MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 61W i l P/ s�9 n a res re kien e d o 9/'c,e , MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES las 9 r 11 r U PART GENERAL INSTRUCTIONS This Is a multi-purpose standard form. First. it will be used by applicants as a required facesheet fol pre -applications and aPPlrcations submitted in accordance with OMB Circular A-102. Second, it will be used by Federal agencies to report to clearinghouses on major actions taken on applications reviewed by clearinghouses in accordance with OMB Circular A-95. Third, it will be used by Federal agencies to notify States Of grants-in-aid awarded in accordance with Treasury Circular 1082. Fourth, it may be used, on an optional basis, as a nolificalion of intent from applicants to clearinghouses, as an early initial notice that Federal assistance is to be applied for (clearinghouse procedures will govern). APPLICANT PROCEDURES 1 Applicant will complete all items in Sect -on 1 II an nems nl applicable, write "NA" 11 and use the remarks section on the back of me form An ,Aplanatsm felt,.$ for space r$ nexded, moan an asterisk hem PART GENERAL INSTRUCTIONS This Is a multi-purpose standard form. First. it will be used by applicants as a required facesheet fol pre -applications and aPPlrcations submitted in accordance with OMB Circular A-102. Second, it will be used by Federal agencies to report to clearinghouses on major actions taken on applications reviewed by clearinghouses in accordance with OMB Circular A-95. Third, it will be used by Federal agencies to notify States Of grants-in-aid awarded in accordance with Treasury Circular 1082. Fourth, it may be used, on an optional basis, as a nolificalion of intent from applicants to clearinghouses, as an early initial notice that Federal assistance is to be applied for (clearinghouse procedures will govern). APPLICANT PROCEDURES FOR SECTION 1 Applicant will complete all items in Sect -on 1 II an nems nl applicable, write "NA" 11 and use the remarks section on the back of me form An ,Aplanatsm felt,.$ for space r$ nexded, moan an asterisk hem each netnad0ibonat /tem I Mark appropriate bar. Pre -application and appLcahon 1D. guidance Is in OUB Grcufar A-107 and Federal agency i Governmental unit where significant and meaningful lm Program mslruetrons Nohbcalion of intent guidance 41n Circular A-95 and procedures from clearinghouse. Appb- pact could be observed. List only largest 1 or antis elletled, sato as Stale, county, or crq, a entire unit cant will not use "Repon of Federal Action*' bass list II rather than subunits. 2a APPbcant's own control numbs, d desired f 1. Estimated number of Persons dueclly benebling from 21P. Date Section 1 prepared. Project. 12. 3a. Number assigned by Stale clearinghouse. or A delegated Use aPpmpriale code letter. Dell strons are: by Slate. by e,eande clearinghouse. All requests to A New. A submittal for the first time for a new project Federal agencies must contain this Identifier If the Pro. gram Is covered by Circular A-95 and required by appbca, B. Renewal. An eAensen let an Iddibonal funding/ budget period fol a project having ble Stale/areawme clearinghouse procedures. 11 in doubt. consul) your clearinghouse. no pojeclod tom• Plebon date, but for which Federal su upon must by renewed p 3b. each year. ap Date applicant notified of cfeahngnouse identifier. C. Revr$ion. A modd¢alsm to project nature W H as -ah. Legal name of APPhcWIincipient, name of primary is,. scope which may result an funding change pncreasa a de. national unit ri will undenake Ine assistance acts t fly. complete address of applicant. end name and crease). D. Conbnuabon. An mlenaion for an additional funding/ telephone number of person who can provide tuner C budged for it project the age initially agreed information about IMS request. for to land for a definite number 01 yeas. ls. 5. Employer identification number of applicant es assigned E Augmentation A requeement lot additional funds Ire a by Internal Revenue Service. Project ptevrousty awarded funds in the same funding/ 68. Use Catalog of Federal Domestic Assistance budget pend project nature and stupe unchanged human, 13 ray Assigned to program ano,, whml assistance r3 request. y ad. It more than one ram a I Amopnl suggested o tb be COnVAvletl Val Ine lint lundm9/butlpet penotl by alien conlubutor. Value 9. kn wit. eche write ,n re "multiple" and captain m remarks, 11 unknown, Ole Public 1. of In• kind comnpubons win be included. d Me action is a Law or V.S. Code. <ngme l3 donor amount of gram It revisionOr r 6b. Program IA10 Imre Federal Catalog. Abbrgnale d laces• he am. only indicate gnfy tna emoum of Ina ,nange. Fal , For dbasic an enclose Ine amount F Bary. C 7. n pan, included, 1f bots buts end supplemental amounb are mcludad, Biel title and apmopnade description of project. For p nolibcebon of talent. conimuem remarks oreak pail m remarks. For multiple program funding, use totals and show program b1l,lOul3 Section,, nncas• [ only m Convny proper tlesceplion i in remarks. Item definitions 13A, amount requested from Federal Govern. B. 6losll sell y e,ality. pry. "City",ntludes town, IawnsMp or merit. 13b, amount applicant will contribute, 13C, amicum bpm Slade, d aPPlicanl Is not Stade, atrial municipality. a 13d, amount Ito, $peat government, ,I applicant is not a local 9. Check the typels) of asaisfance requested. Tne claims• I} tions el the terms tie. fie• amount from any other sources, arpfaIn Invrom nt, I14 A. Basic Grant. An 'signal request lot Federal IvnOs. Sall !•p•ennlory. This would no, Include any CPntilbulsOn provided um lab The disbicd(s) whore most at actual work win be MCCOmi der a Supplemental Otani. Pbshed II Otywide or $IalO•w,de, corning aerosol dr$• eta) Grans. A to B. Suppgiant fritts, wnte'iOtywide' fir "$lAlewidA." Increase a bderd 15. In where grunt to cenam cases where to •-ollyible appbcanl Complete only to, revisions (dem 17,7, ar augmentations I cannot Supply the repm,e0 matchtag sharp of the f basic Federal p,oprem It t6 piom 1201. App,orimale I. giants awndod by Ina APpala[han Regional Commission data p,oleal erpx,lnd to begin (usually as. to Provide the j appbcend a malching share). sbc•Aled wilts estimated data of waJapility of Igninpl, 17. Esbmaled number of months to complete MK, liner C. Loan $alt eropnnlory Federal tunes are Available. IB D. Insurance Sell cwplanwtory Estimated data pre aopbun/a lropPl¢atron nub, submit• tad Io Federal agency E. Olney. EIDbm on rxmarkl page 1pmletl rxn% d e world house ,"saw ll'Inwlf not srpunxd. Ihf tlue would usunllr be sump ns tlele m nem 2b EPA Form 5700421 R is v. 10-79) MICROFILMED BY JORM MICR+LAE, CEDAR RAPIDS • DES MOINES IT A"Age I,,,W all IAb, I ggs— I.7n PAGE U.S. ENVIRONMENTAL PROTECTION .ENCY APPLICATION FOR FEDERAL ASSISTANCE Form Approved (Construction Grunts or Cooperative Agreements). O.VRNo. 133-RO134 G.nar.l imuuctions Note: This application may be used to lequest financial titaistance Yat either a ,.at or cooperative agreement. 6'hcre the term. "6 ani" is used the term "cooperative agreement" may be used interchangeably. In completing this form, CAREFULLY READ AND FOLLOW ALL INSTRUCTIONS. Many items are not self- explanatory. An incomplete or incorrectly completed appli- cation form may delay consideration of your application. 1. Use of this Application -This application form is to be used for EPA grant program 66.118. Construction Grants for Wastewater Treatment Works and for all land acquisition of land development projects. Also, this form shall be used to request supplemental assistance, propose changes or amend- ments to approved grants, and request continuation or refunding lot approved grants originally submitted on this form. 2. Submission -Submit the original and two copies of the forms. If an item cannot be answered or does not appear to be related or relevant to the assistance requested, write "NA" for not applicable. When a request is made for supplemental assistance, amendments or changes to an approved grant. submit only those pages which are appropriate. Applications for Construction Grams for Wastewater Treatment Works should be submitted to the appropriate designated State Water Pollution Control Agency. 3. Grant Regulations -Applicants are expected to understand and comply with all EPA grant regulations. These regulations are published in Title 40, Chapter 1, Subchapter B of the Code of Federal Regulations. A copy of these regulations is included in the application kit. 4. Clearinghouse Notification -Office of Management and Budget Circular A-95 requires applicants for certain Federal assistance programs to notify the State and areawide planning and development clearinghouses In the jurisdiction in which the project will be located of their Intention to apply for Federal assistance. EPA grant program 66.418. Construction Grants for Wastewater Treatment Works is a program for which such notification is required. Clearin houses may comment on the proposed project an Environmental Impact Statement (EIS) identifying and analyzing in detail the impact of the project an the qual- ity of the environment or permits EPA to issue a ".Finding of No Significant Impact." 6. Relocation Auistance and Real Property Acquisition -The Uniform Relocation Assistance and Real Property Acquisi tion Policies Act of 1970, P. L. 91.646, provides certain rights and benefits to persons whose land is acquired or who are displaced as the result of a Federal or a federally assisted project. If the project of a State or lora) agency involves land acquisition or the displacement of any person from his home, business or farm, actions must be taken to .,,are compliance with the Act. Land must be acquired in accordance with the policies of Title III of the Act. Persons to be displaced must he provided decent, safe, unitary and comparable housing. Procedures for complying with the Act are set forth in Part 4 of Title 40 of the Code of Federal Regulations (40 CFR 4.1 at seq.). No project subject to the Act can be assisted without the actions and assurances required by those regulations. Applicants whose projects involve the acquisition of land or the displacement of people should request a copy of 40 CFR 4.1 at seq, from the office to which this application is submitted. 7. FLOOD INSURANCE -The Flood Diaster Protection Act of 1973 (P.L. 93.234) requires grantees, as a condition of receiving any form of Federal assistance for acquisition or construction purposes (including real and nonexpendable personal property) In an identified special flood area, to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. Special flood hazard creat are Identified on Flood Hata D aunda N Maps and Flood Insurance Rate Maps issued by the Depart- ment of Housing and Urban Development. Communities have one year after notification of identification as a flood -prone community to enter the flood insurance program or no grant assistance may be awarded for property in the flood hazard area. Specific requirements pertaining to the flood Insurance program and to the required grantee purchase of flood Insurance are tet forth In 40 CFR 30.405.10. 9 and may solicit commenti from other interested parties. All comments made by or through clearinghouses, or a statement 8. Completing the Application: that no such comments were received by the applicant, must be attached to the application when Is is submitted, a. This application consists of 5 parts: General Informs. Applicants for the above program should contact the tion on Pan I, Project Approval Information on Pan ll, appropriate clearinghouses for further information and assist. Budget Informallon on Pan 111, Program Narrative on ante concerning the notification gmcest Pan IV, and Assurances on Part V. ' It. All dollar amounts requested in this application should S. 'Environmental Impact -The National Environmental be rounded to the nearest dollar. Policy Act of 1969 requires that all agencies of the Fed- eral Govemmenl prepare detailed environmental stale- D. Projacl-The term "project" as used In this application menta on tiny actions to be taken which significantly form refers to the scope of work for which Federal affect the quality or the human environment. -EPA pro- Assistance Is awarded by grant or grant amendment pursuant cedures for the preparation of such statements ore set to 40 CFR Part 35. forth In Part 6 of Title 40 or the Code of Federal Reg- ulatlons (40 CFR 6.100 el seq.) As stated in the reg. ul.tiuns, EPA requires an environmental information 10. Pr. -Application Asslrencr-Prior to formal application' document for projects that are to be supported by EPA submission, assistance including, where appropriate, a pre- gr.nit -The responsibilities or the applicant in prepnr- application eonfenna, may be obtained from the appro• Ing the environmental Information document and In sup. porting and contributing to EPA's preparation of an em pilots EPA regional office and/or State Water Pollution vinnm<ntal assessment are set forth in the regulations. Control Agency, A list of the EPA Regional Offices with The environmental ...es,menl is the decision document their addresses and the area they servo may be found in 40 prepared by EPA which either determines the need for CFR 30.107, General Grant negulotions and Procedures. EPA Fwm 5700_37 (Rev 10-79) 1 PREVIOUS EDITIONS ARE OBSOLETE. /PAGE I Or 19 MICROFILMED RY JORM MIC R;I AB CEDAR RAPIDS a DES MOif1ES B Item 19. E,isting Federal idi nfibtation numbs of this Is not a new requesl and directly slates 10 A p,evaus Federal a[tian Ofne,wise wrote "NA". /1 Item 20 Indicate Federal agency to when Inn request is ad- dressed bdressed. Sheet address not ri,quaud. but 00 use ZIP. 21. Cneck appropriate bo, as to wnethel Section IV of form contains remarks and/or additional remarks are attached APPLICANT PROCEDURES FOR SECTION II Applicants will Always complete dells 23a. 230, and 23C II clearinghouse ,ewe. is reouued. Item 22b must be fully completed An explanation lollows lot each Item from Item 23b Sell esplanatory, 22b List clearinghouses to which submitted and show in apprcpnale blocks the status of Thee responses For more than three cirrahnghouses, continue In remarks seclrOn. All women comments submitted by or through clearinghouses must be attached. 23e. Name and title of oumomed representative of legal Applicant 23c. Sell erplanalory. Note. Applicant completes only SeclIons I and tl. Section III is completed by Federal agencies. FEDERAL AGENCY PROCEDURES FOR SECTION III It 8pplrcanbsupptied intormalan in Sections I and II needs noupdatmg ch adjuslmenl to fn the Inial Federal action, the Federal agency w91 complete Section III only An explanalah lot each dem follows' Item Ile. 24, 25 26. 27. 28. 29. 30. 31. 32. 33, 34. Emcullve depanmenl of mdependent agency having pro. gram administration responubWy Self erplantstory. Primary orgamtabonal unit below department level having deed program management responsibility. Office directly monitoring the program. Use to identity non -award actions where Federal grant identifier In stem 30,s not applicable or will not suffice. Complete address of admmislenrp office shown In Item 26. Use to identify award actions where different from Folder— III Application identifier m ilem 28. Self esplanalory. Use remarks section to amplify where appropriate. Amount to be contributed during the first funding/t udgel period by each conthbulw. Value at m.kind contributions will be Included. II the action a a change In dollar amount of an existing giant (a revision or augmentation), indicate only the Amount of change. Far decreases. enclose The amount m parentheses. If both basic and supplemental amounts Ale Included, break out in remarks. For multiple program funding, use Iobls and show pro- gram breakouts In remarks. Item delm,hons. 32a, amount awarded by Federal Government. 32b. amount apolicanl will contribute, 32c, amount loom Slatexgf applicant R not a Stale. 32d. amount from local government II applicant Is not a local government, 32e, amount from any other sources, arplam in remarks. Dole Action was Jason on this request. Dale funds will become aIelAbW I I EPA Form $700-32 FR I 3 3 3 5 Name and telephone no of agency person who can Provide more ellormallon regarding this assastance. 6 Dale alter which funds will no angel be available. 7. Cneck appropriate bet as to whether Section IV of form contains Federal remarks and/or attachment of adddarF at remarks. 38. For use with A-95 action notices only. Name and role - phone of person who can assure that appropriate A-95 action has been laken-11 same as carton shown In item 35. write "same-. II not applicable, write i'NA'% Federal Agency Fiocedures—special considerations A Treasury Cucuta, 1082 compbarite Federal agency will assure proper completion of Sections 1 and III It Section I is being completed by Federal agency, all applicable items must be flood on Addresses oI Stale Information Reception Agencies (SCIRA's) are provided by Treasury Depanment to each agency. This [arm replaces SF 240, which will no longer be used. a OAfB Circular A-95 eompfance. Federal agency will assure proper completion of Sections I, II, and III. This loom is roqueed for notifying all revrewmg clearinghouses Of major actions on all programs reviewed under A-95. Addressor at Slate and airmvile clearinghouses are provided by DMB to each agency. Substantive dillerences between applicant's request andlof clearinghouse recommendations, and the protect as finally awarded will be uplamed in A-95 001ACB11(ins to clearing' houses. C. Speculndle In most, but not all Stales, the A-95 Slate clearing- house and the (TC 10821 SCIRA are the same office. In such cases, the A-9$ award notice to the Stale clearinghouse will fulfill the TC 1082 award notice requirement to the Stale SCIRA. Duphcale notil"ron should be Brooded MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS r DES MOINES aLvorao roav Ni r,4 . taw r -0q PAap s or Is i A Item 19. E,isting Federal idi nfibtation numbs of this Is not a new requesl and directly slates 10 A p,evaus Federal a[tian Ofne,wise wrote "NA". /1 Item 20 Indicate Federal agency to when Inn request is ad- dressed bdressed. Sheet address not ri,quaud. but 00 use ZIP. 21. Cneck appropriate bo, as to wnethel Section IV of form contains remarks and/or additional remarks are attached APPLICANT PROCEDURES FOR SECTION II Applicants will Always complete dells 23a. 230, and 23C II clearinghouse ,ewe. is reouued. Item 22b must be fully completed An explanation lollows lot each Item from Item 23b Sell esplanatory, 22b List clearinghouses to which submitted and show in apprcpnale blocks the status of Thee responses For more than three cirrahnghouses, continue In remarks seclrOn. All women comments submitted by or through clearinghouses must be attached. 23e. Name and title of oumomed representative of legal Applicant 23c. Sell erplanalory. Note. Applicant completes only SeclIons I and tl. Section III is completed by Federal agencies. FEDERAL AGENCY PROCEDURES FOR SECTION III It 8pplrcanbsupptied intormalan in Sections I and II needs noupdatmg ch adjuslmenl to fn the Inial Federal action, the Federal agency w91 complete Section III only An explanalah lot each dem follows' Item Ile. 24, 25 26. 27. 28. 29. 30. 31. 32. 33, 34. Emcullve depanmenl of mdependent agency having pro. gram administration responubWy Self erplantstory. Primary orgamtabonal unit below department level having deed program management responsibility. Office directly monitoring the program. Use to identity non -award actions where Federal grant identifier In stem 30,s not applicable or will not suffice. Complete address of admmislenrp office shown In Item 26. Use to identify award actions where different from Folder— III Application identifier m ilem 28. Self esplanalory. Use remarks section to amplify where appropriate. Amount to be contributed during the first funding/t udgel period by each conthbulw. Value at m.kind contributions will be Included. II the action a a change In dollar amount of an existing giant (a revision or augmentation), indicate only the Amount of change. Far decreases. enclose The amount m parentheses. If both basic and supplemental amounts Ale Included, break out in remarks. For multiple program funding, use Iobls and show pro- gram breakouts In remarks. Item delm,hons. 32a, amount awarded by Federal Government. 32b. amount apolicanl will contribute, 32c, amount loom Slatexgf applicant R not a Stale. 32d. amount from local government II applicant Is not a local government, 32e, amount from any other sources, arplam in remarks. Dole Action was Jason on this request. Dale funds will become aIelAbW I I EPA Form $700-32 FR I 3 3 3 5 Name and telephone no of agency person who can Provide more ellormallon regarding this assastance. 6 Dale alter which funds will no angel be available. 7. Cneck appropriate bet as to whether Section IV of form contains Federal remarks and/or attachment of adddarF at remarks. 38. For use with A-95 action notices only. Name and role - phone of person who can assure that appropriate A-95 action has been laken-11 same as carton shown In item 35. write "same-. II not applicable, write i'NA'% Federal Agency Fiocedures—special considerations A Treasury Cucuta, 1082 compbarite Federal agency will assure proper completion of Sections 1 and III It Section I is being completed by Federal agency, all applicable items must be flood on Addresses oI Stale Information Reception Agencies (SCIRA's) are provided by Treasury Depanment to each agency. This [arm replaces SF 240, which will no longer be used. a OAfB Circular A-95 eompfance. Federal agency will assure proper completion of Sections I, II, and III. This loom is roqueed for notifying all revrewmg clearinghouses Of major actions on all programs reviewed under A-95. Addressor at Slate and airmvile clearinghouses are provided by DMB to each agency. Substantive dillerences between applicant's request andlof clearinghouse recommendations, and the protect as finally awarded will be uplamed in A-95 001ACB11(ins to clearing' houses. C. Speculndle In most, but not all Stales, the A-95 Slate clearing- house and the (TC 10821 SCIRA are the same office. In such cases, the A-9$ award notice to the Stale clearinghouse will fulfill the TC 1082 award notice requirement to the Stale SCIRA. Duphcale notil"ron should be Brooded MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS r DES MOINES aLvorao roav Ni r,4 . taw r -0q PAap s or Is i PART II PROJECT APPROVAL INFORMATION Perrin Approved SECTION A UNIH.vo, 139-RU134 Item 1. Iowa Department of Docs this assistance request require State, local, Name of Governing Body Envi ronmental Qual i ty regional, or other priority rating? Priority Rating 21.67 X Yes _No , Item 2. Iowa Department of Does this assistance request require State, or local Name of Agency or Environmental Quality r advisory, educational or health clearances? Board— X _ X Yes—No lArtach Documentationl Item a. Johnson County Regional Does this assistance request require clearinghouse review (Attach Comments) Planning Commission in accordance with OMB Circular A-957 East Central Iowa Assn of Regional Planning Commissions X Yes—No Item A. State Office for Does this assistance request require State, local, Name of Approving Agency Planning and Programming regional or other planning approval? Date XYes—No Item 5. Is the proposed project covered by an approved Check one: State ❑ comprehensive plan? Lncal d Regional ❑ --.K—Yes—No Location of plan Item 6. Will the assistance requested serve a Federal Name of Federal Installation Veteran5 Hos pi taI installation? Federal Population benefiting Item Project_ X Yes—No Item 7. Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land • Percent of Project _Yes X No ' Item 8. f I See instruction for additiondl information to be on the environment? provided. i _Yes X No Item 9. Number of: Has the project for which assistance is requested caused, Item a. Johnson County Regional Does this assistance request require clearinghouse review (Attach Comments) Planning Commission in accordance with OMB Circular A-957 East Central Iowa Assn of Regional Planning Commissions X Yes—No Item A. State Office for Does this assistance request require State, local, Name of Approving Agency Planning and Programming regional or other planning approval? Date XYes—No Item 5. Is the proposed project covered by an approved Check one: State ❑ comprehensive plan? Lncal d Regional ❑ --.K—Yes—No Location of plan Item 6. Will the assistance requested serve a Federal Name of Federal Installation Veteran5 Hos pi taI installation? Federal Population benefiting Item Project_ X Yes—No Item 7. Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land • Percent of Project _Yes X No ' Item 8. Will the assistance requested have an impact or effect See instruction for additiondl information to be on the environment? provided. i _Yes X No Item 9. Number of: Has the project for which assistance is requested caused, Individuals since January 1, 1971, or will it cause, the displacement Families of any individual, family, business, or farm? Businesses Farms _YesXNo ! Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided, —1—Yes—No Step 1 Grant - Facility Plan Item 11. Is project in a designated flood hazard area? _Yes X No EPA Firm 570D-77 (Rev, I0-79) MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS a DES MOINES PeG[ 6 67 12 �y 1 D EPA Fern 3700-97 (Rev. 10_791PAGE 7 OF It MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS a DES MOINES i I'onn Approved OND .Yo. 133 • N01 Ja . INSTRUCTIONS PART II — SECTION A Item 6 — Show the Federal population residing or working on the federal installation who will benelit from this project. Nrgabve answers will not rnuira an eaplanatian unless Ina Federal agency requests more information at a later date. Provide Item 7 —Show the percentage of the project work that will be supplementary data for NI "Yes' answers in the space Provided in conducted on federally owned or hued land. Give the name of wcondance with the following instructions. the Federal installation and its location. film 1 — Provide the name Of the governing body establishing the Item 8 — Briefly describe the possible beneficial andlor harmful priority system and the priority rating assigned to this project. impact on the environment because of the proposed project. If an adverse environmental impact is anticipated, eoplein what Action It.. 2 —Provide the name of the agency or board which issued will be taken to minimize the impact. Federal agencies will the clearance and blotch the documemalion of status or approval, provide separate instructions it adchuchal data is needed. from 3 — Attach the clearinghouse comments for the application Item 9 —State the number of individuals, families, this;msces, or in accordance with the in&mctlons contained in Office of farms this project will displace. Federal agencies will provide Management and Budget Circular No. A-95. If comment, ware separate im tructions if additional data is needed. wbmiued previously with A preapplication, do not submit Nem Again but any additional comments received from the clearing. Item 10—Show, the Federal Domestic Assistance Catalog house should be submitted with this application. number. the program name, the type of assistance, the sutus and amount of each project where there is related previous, pending. Item b — Furnish the name of the approving agency and the or anticipated assislance. Use additional sheen, it needed. approval date. tum 5 — Show whether the approvedcomprehensive is It.. 11—Flood Intunnce—Check "Yes' it project or any nines. plan pendable property is to be located in a special flood haaard area State, local or regional, or if none of these, explain the scope of designate by the Department of Housing and Urban Develop• the plan. Give the location where the approved plan is available ment. If the ahl..r is "Yes' the grantee must purchase the fpr examination and pate whether this project is in conformance required flood insurance It required pursuant to tum 7 of the with the plan. General Instructions to this application. EPA Fern 3700-97 (Rev. 10_791PAGE 7 OF It MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS a DES MOINES i I', PART 1 COMSTPLICTIOH GRAN750R COOPERATIV4 AGREENENTS OV0 y+x+xb rpPDI,D Nu«w ]. STATE .u.w FEDERAL ASSISTANCE ]. A T . C190830 03 A^0' UHl'S UOOH I' ERK ❑ ?REAPPLICATION 1. DAI! Ynr I. DAN 1'^r «"•M K.P AU.ONlD AINI- IDt NII- AR10N CI CAl10H p 80 A r 2 IIFN I1 APPLICATION (... Im"AY ❑ NOTIFICATION Of INTENT (OFF.) •..0 REPORT Of FECIIAL AC71OR Hb+1 ' A. OGAL AnUCAN7/Afall" S. ILDFIAL FMIIOiE1 IDINNIICA7rON NO. A. AN•4r. N..•+ City of Iowa City e. City .1...rn.o. L. Civic Center, 410 East Washington n0- •-NU.N. 16161.1411181 ` YOU . Dry • Iowa City • K--,' • Johnson GRAM _ Iowa 52240 (!m•r Construction Grants for LT+x ..wc— i'il Wastewater Treatment . 1. E««.rr In•."r Neal G. Berlin 319-354-1800 Cr•, 9J orPc Y. TITh AND DEXXIMION Of AMM NVS PROJECT A. TYPE 01 AHl1UH7/11KI%ENI New Water Pollution Control Plant and A_ N. F Com•.•, C LL • == = �"— ? New Outfall Sewer Plans and Specifications (Step 2 Grant) °- y '^.^ En.r .DP^'fr•arr lrDn SEI V. TYPE 01 ASSISTANCE A- mm. On.. D- M.rrx. — Ennr .Dps I- S.ra.-•wv+r G+x 1- 0— A c_L.+ vrxrrl,rl,Hn C- 10. AREA Of 14101ECI IMPACT IA'.«H .JaINa rw+un 11. ESIIMATID HUM- 12. TYPE Of AMCAIION M IOVb GTt 3— nA/Universit SFR OF PERSONS A- N- C-1 r 1 -Ayr+- Heights,yJohnson Count . Iowa R[NlFITNG 1 , D C+ xr Curr. yry MM rnnr❑ 17. MPOSED FUNDING 114. CONGRESSIONAL DISERICfS OF. U. RPE Of CHANGE 611 I) r Ar 12 d — 1. m,. IDA r- orAr ISJ+Y14•lr 1,521 5D W •. AP An A. P.OHCI First First c-b^rD. • *uNT 410 000. . OAp 102 5 'To IA. 1,OJTC7 START 1/. "OTTO Dal (�Y,C.r .uA /P O TION 4rlrNll .. IOCAI .W ,.ITU Au" M.+1N /rNrr ES71MAItD 64TE 70 rr.r —1A Aq 19. EXIS71HO FEDERAL IDINIIFICATION NUMIIER ie 21-C, CO 8 C190830 F. Tow E 2 050 0 � 20. FEDERAL AGENCY TO RTUIVE RIOUES7 1.\'.Mr. C11 51-11211 m d ]I. REMARKS ADDED EPA Reoion ViI Ka 64108 0Y«14NA WI, A. ^..N.+J IN, 0.1 G.Jn ALIT N, .M+.•+• -n •.4+�n.N, I.•...x: tis n. AIyo.M F TME A^• ^ 'w� r«N••^•+/•P.-••"•^ ^^^• ^"^. ,• •pT+'• r4«•ry�.w +J .II r.y.•r .+ r y+x. I11urFN aS ` APPVCANT •n w .«•wr. M1. Lr...x F« A^" 11'"1' ..Nr;r.K F N. .«--, ,«r+4 O 111 State OPER A, CERTIFIES ruT. �; -"� ; NlJohnson Co. Reg Plannin omm. 09 P1nQomm ID 4.I,.«... Dl East Cen n. .. IMP .1 AHD Intl 1. WI I Alf S4.11,aFRI. Neal G, Bger�in r.. xwrA `' x IMIATINT Authorize a resentative 12 5 YE. AGENCY NAMI ]]. AMIIG• Ib, 4) RECEIVED It CS, ORGANIZATIONAL UNIT ]F. ADMINISIRAIIVE OFFICE ]t. /EDEW APPLICATION IDENTIFICATION 4 ». ADD,TSS DO. FEDERAL GRANT IDENTIFICATION 11. ACTION IAKIII ]]. FUNDING Ymr xnrA 2.) ]E. 1'nr x«N 4P " .. IIDIIAL 1 W OI. AWARDED ]]. ARION DAFT h 11 DATSTAE DAFT It 1. AM' W 15, CONTACT FOR ADDITIONAL INIDAAAA• ❑l. JUICE [D >e. Y,.r —,A 6) TION I,\Ynr l+d ulgAwr uxhrl ENDING A. SET .W 0.1 EIUINEO FOC DATE 11 AMINOM7NT ]).REMARKS ADDED I. IOCAI W ■ y OL DEFHIED QY« ONA . 01.11 TO 7 OA. WITHDRAWN _ 1. IGIAI I .IO ]I. A.. l IId CAI AGIV.Y A•IS OIIC41 rN .rwr nyr•r A {w w./. r•.n+w• .1 Irl 1, 0•U l.,.n, .+f Ir1,PAMI+a/ NDERA AGl HCT A. G.•3. •.q, w M M r 4 6-�1 rL. A41 ACTION 111.10, $IA.D..D ID.rr ansa I ..In E PA f erm aluu-J, Tru.. MICROFILMED DY JORM MICR+LAO CEDAR RAPIDS • DES MOINES PAGE Y DE b S-Ve 1 I MICROFILMED B MY JORM IC Ft LA19 CEDAR RAPIDS a DES M0IRES Farm Approved 0.11UAb 138-HOIJI ltached as exhibits the, means (specify) cility, Other Ispecify Ther (specify) L0WING INFORMATION: G THE INTEREST APPLICANT INTEREST IS LEGAL & VALID D COPIES OF LAND APPRAISALS. THE FEASIBILITY OF lrepared, X Attached as exhibits ee Facility Plan 0 Attached as exhibits Facility Plan fiewings that havr Dem eomplered.1 RUCTIDNS ARE PROVIDED. PAGE a OF 19 I I I's Fo•m APP'm,d OMBNA IM -R0134 PART III — BUDGET INFORMATION — CONSTRUCTION F9CTION A — GENERAL 1. FLderal Domestic Assistance Catalog No.... • ................ 66.418 2. Functional 01 Other Breakout .... , ............ ...... ..... SECTION B — CALCULATION OF FEDERAL GRANT Use only Ior le,i cion,/augments lion j7 Y Cast Clanibntmis Twill pp� Amount Amount ♦ 011-I F 1. Admini„radon eapeme $ I i Fo•m APP'm,d OMBNA IM -R0134 PART III — BUDGET INFORMATION — CONSTRUCTION F9CTION A — GENERAL 1. FLderal Domestic Assistance Catalog No.... • ................ 66.418 2. Functional 01 Other Breakout .... , ............ ...... ..... SECTION B — CALCULATION OF FEDERAL GRANT Use only Ior le,i cion,/augments lion Cast Clanibntmis Twill Latct Approved Adi.su mt Amount Amount ♦ 011-I Required 1. Admini„radon eapeme $ $ 2. xxxaxwxxwxogxDfe 1m7nary an ppqp On $ 3. XX"Xxautnxxx+xa+x-mx 11 3,3i 4. Architecturalengineeringt isfee, 19 91 s.xxxxxzxuaxa g7cicwmr»x<ix EngIneerin 1,791 5( e•xxx4az wmxxabs User Charge System 126,6( 7•xxx"x3PRxxx Sewer Use Ordinance 3,87 B•xxwwzxxxaxxar n ustria C st 2 77 .verystem 9. Rclora,ion paYmen s to Individuals and Bminessas 24 80 to. Xxkx'xx)(XeANjGd(d,,X re red men ro ram 11. Construction and project improvement 27.60 12. Eoulpmenl 13. hlismileneam 14, Total (Line, I through 13) 15. Estimated Income(i 7o➢a licab/el 2 000,40 76. Net Project Amount (Line 14 minus 15) 77. Less: Ineligible Exelmlons 18. Add: Contingencies 19. Total Pmjen Amt. (E1cNd1n g RMabiliulion Gren!!1 49 600 2 , 050, 000 20. Federal Share requested of Line ID 75% , 21. Atltl Rehebihle,ion Genu 1,537,500 Requested (IDB Pe¢enU 72. Total FMlrel grans reque3letl (Lins70R71/ 23. Glanleethe,, 20% 1,537,500 24. pinennele, State 5- 410,000 26. Tout :ole, 0 I (L inu 22.23 A 24) 102,500 $ s s 2,050,000 EPA Fe,m 3700_17 (R.,. 10-79) PALL 9 OF 19 141CROFILMED BY JORM MIC R+LAB CEDAR RAPIDS a DES MOINES 11 1 V- u 9 PART III Sadinn A. Gmartl INSTRUCTIONS 1. Show the Federal Dmseinie Astntence Catalog Number Irom which the*aaistance is requested. When more than one Program or Catalog Number b involved and the amount cannot be dinfibuteci to the Federal grant program or catalog number on an overall percentage basis, prepare a 'operate sat of Pan III forms for each program or Catalog Number. However, show the total amounts fpr all programs in Section 8 0l the belle application form. 2. Show the functional or other coteporical breakouts, if required by the Federal grantor agency. Prepare . separate let of Part 111 forms for each category, Section S. Calculation of Federal Grant When applying for a new grant, use the Total Amount Column Only. When repuening revisions of previously awarded amounts, u: ell column. Lina 1 — Enter amounts needed for administration expenses including such items at travel, legal fees, rental of vehicles and any other expense items eapacted to be incurred to administer the grant. Include the amount of interest expense when authorized by Program legislation and also show this amount under Section E Remarks. Line 2—Enter amounts pertaining to the work of locating and designing, making surveys and maps, sinking test holm, and all other work required prior to actual construction. Line 3 —Enter arrounn, directly enociated with the acquisition of lend, existing structures, and slated right-of.way. Line 4 — Enter basic lees for architectural engineering sareicas. Line 6 — Enter amounts for other architectural engineering 'nrvices, such as surveys, lolls, and borings. Lina 6 — Enter tees for inspection and audit of construction and related programs, Line 7 — Ent., amounts naollated with the development of Isnd where the primary purpose of the grant is land improvement. Site work normally enociated with major construction should be ancluclod from this category and shown on Lint 11. Line 8—Enter the doll., amounts needed to provide relocation Wvlsory euistenea, and the net amounts lot replacement (Lan rsson) housing. Do not Include relaxation administration axpmas on this Lln4 Include them on Line 1. line 9—Enter the estimated .Muni o1 olocition payments to be made to displaced persom,'budneu concerns and non-profit ceponi4.tions for moving aapenes and raplecammt housing. Lin. 10 — Enter the 9ron alnio and wages of employees of the goatee who will be discdy engaged in performing demolition or removal of structures from developed land. This line should show also the can of darrslitton or removal of improvements on EPA Fern 3700-32(nre• 10-79) 1. Fnnn App,. w•d 04R Nu. ISIi •OU4 developed land undo, a thud party contract, Reduce the casts on in,, line by the amount of ex P.Cled proceeds Irom the tate of sulvgse, it to insnucted by the Federal grantor agency. Otherwise. MO- the pmaeeds an Line 15. Line 11 — Enter amounts for the actual construction of, addition to, or restoration of a facility. Also include in this category the amounts of project improvements such as sewers, streets, land. ¢aping and lighting. Line 12 — Enter amounts for equipment both fixed and movable eaclusrve of equipment used for construction. For example, include amounts for permanently attached laboratory tables, buds -m audio visual systems. movable desks, chairs, and labora- toly equipment. Line /3 _ Enter amounts for items not specilicatly mentioned .bave. Line 14 — Enter the sum of Linn 143. Lt.. 15—Enter the estimated amount of program income that will be ..,tied during the grant period and applied to the program. Line 16 — Enter the difluence between the amount on Line 14 and the animaled income shown on Line 15. Line 17 — Ent., amount, for those items which are part of the Project but not subject to Federal participation ISee Section C. Line 269. Column Ill I. Lt.. 18—Emer the estimated amount for 'contingencies. Compute this amount at follows. Subtract from the net project amount shown on Line 15 the ineligible project exclusions shown on Line 17 and the amount which is secluded Irom the contingency provisions shown in Section C, Line 26g, Column 12). Multiply the computed amount by the percentage factor allowed by the framer agency in accordance with the Federal program guidance. For those print, which provide for a fixed dollar allowance In lieu of a percentage allowance, enter the dollar amount of this alipwence. Lina 19 —Shoe the 101.1 amount of Lines 16, 17, and 18. (Thts is The amount to which the matching share ratio prescribed in Program legislation Is applied,) Line 20 — Show the amount of Federal funds requested exclusive of funds for rehabilitation purposes. Line 21 — Enter the estimated amounts needed for rehabilitation expense it rehabilitation grants to Individuals are made for which grantees ate reimbursed 100 percent by the Federal grantor all in accordance with program legislation. It the 9runee shares to part of this expenu show the total amount on Line 13 Instead of on Line 21 and explain in Section E. Lina 22 — Show the tout amount of the Federal punt requested. Line 23 — Show the amount from Sexltan 0, Line 27h, Lina 24 — Show the amount from Seelion 0, Line 7&. Lina 25 — SalLexpl.natory. MICROFILMED 8Y JORM MICR;LAB CEDAR RAPIDS a DES MOINES PAGE 10 OF 19 1 9 PART III Sadinn A. Gmartl INSTRUCTIONS 1. Show the Federal Dmseinie Astntence Catalog Number Irom which the*aaistance is requested. When more than one Program or Catalog Number b involved and the amount cannot be dinfibuteci to the Federal grant program or catalog number on an overall percentage basis, prepare a 'operate sat of Pan III forms for each program or Catalog Number. However, show the total amounts fpr all programs in Section 8 0l the belle application form. 2. Show the functional or other coteporical breakouts, if required by the Federal grantor agency. Prepare . separate let of Part 111 forms for each category, Section S. Calculation of Federal Grant When applying for a new grant, use the Total Amount Column Only. When repuening revisions of previously awarded amounts, u: ell column. Lina 1 — Enter amounts needed for administration expenses including such items at travel, legal fees, rental of vehicles and any other expense items eapacted to be incurred to administer the grant. Include the amount of interest expense when authorized by Program legislation and also show this amount under Section E Remarks. Line 2—Enter amounts pertaining to the work of locating and designing, making surveys and maps, sinking test holm, and all other work required prior to actual construction. Line 3 —Enter arrounn, directly enociated with the acquisition of lend, existing structures, and slated right-of.way. Line 4 — Enter basic lees for architectural engineering sareicas. Line 6 — Enter amounts for other architectural engineering 'nrvices, such as surveys, lolls, and borings. Lina 6 — Enter tees for inspection and audit of construction and related programs, Line 7 — Ent., amounts naollated with the development of Isnd where the primary purpose of the grant is land improvement. Site work normally enociated with major construction should be ancluclod from this category and shown on Lint 11. Line 8—Enter the doll., amounts needed to provide relocation Wvlsory euistenea, and the net amounts lot replacement (Lan rsson) housing. Do not Include relaxation administration axpmas on this Lln4 Include them on Line 1. line 9—Enter the estimated .Muni o1 olocition payments to be made to displaced persom,'budneu concerns and non-profit ceponi4.tions for moving aapenes and raplecammt housing. Lin. 10 — Enter the 9ron alnio and wages of employees of the goatee who will be discdy engaged in performing demolition or removal of structures from developed land. This line should show also the can of darrslitton or removal of improvements on EPA Fern 3700-32(nre• 10-79) 1. Fnnn App,. w•d 04R Nu. ISIi •OU4 developed land undo, a thud party contract, Reduce the casts on in,, line by the amount of ex P.Cled proceeds Irom the tate of sulvgse, it to insnucted by the Federal grantor agency. Otherwise. MO- the pmaeeds an Line 15. Line 11 — Enter amounts for the actual construction of, addition to, or restoration of a facility. Also include in this category the amounts of project improvements such as sewers, streets, land. ¢aping and lighting. Line 12 — Enter amounts for equipment both fixed and movable eaclusrve of equipment used for construction. For example, include amounts for permanently attached laboratory tables, buds -m audio visual systems. movable desks, chairs, and labora- toly equipment. Line /3 _ Enter amounts for items not specilicatly mentioned .bave. Line 14 — Enter the sum of Linn 143. Lt.. 15—Enter the estimated amount of program income that will be ..,tied during the grant period and applied to the program. Line 16 — Enter the difluence between the amount on Line 14 and the animaled income shown on Line 15. Line 17 — Ent., amount, for those items which are part of the Project but not subject to Federal participation ISee Section C. Line 269. Column Ill I. Lt.. 18—Emer the estimated amount for 'contingencies. Compute this amount at follows. Subtract from the net project amount shown on Line 15 the ineligible project exclusions shown on Line 17 and the amount which is secluded Irom the contingency provisions shown in Section C, Line 26g, Column 12). Multiply the computed amount by the percentage factor allowed by the framer agency in accordance with the Federal program guidance. For those print, which provide for a fixed dollar allowance In lieu of a percentage allowance, enter the dollar amount of this alipwence. Lina 19 —Shoe the 101.1 amount of Lines 16, 17, and 18. (Thts is The amount to which the matching share ratio prescribed in Program legislation Is applied,) Line 20 — Show the amount of Federal funds requested exclusive of funds for rehabilitation purposes. Line 21 — Enter the estimated amounts needed for rehabilitation expense it rehabilitation grants to Individuals are made for which grantees ate reimbursed 100 percent by the Federal grantor all in accordance with program legislation. It the 9runee shares to part of this expenu show the total amount on Line 13 Instead of on Line 21 and explain in Section E. Lina 22 — Show the tout amount of the Federal punt requested. Line 23 — Show the amount from Sexltan 0, Line 27h, Lina 24 — Show the amount from Seelion 0, Line 7&. Lina 25 — SalLexpl.natory. MICROFILMED 8Y JORM MICR;LAB CEDAR RAPIDS a DES MOINES PAGE 10 OF 19 F°r'^ AFP,orea a. l g. Total, S S SECTION D— PROPOSED METHOD OF FINANCING NONFEDERAL SHARE 77. Grantee She,, : 410,000 I v a. Securities q b. Mon9aget N ' c. APPlppllahon, IBY APPIiunO a. Bona, / 410,000 e. Tax Levies t 1. Non Cath 9. Olher IExplainl A. TOTAL — Granue share i 410,000 ]B. Other Snamt � f 102,500 { b:an., !j C. Total Other SMru 102,500 79. TOTAL - : 512,500 j SECTION E—REMARKS ; j EPA Farm 3790_7] IRn. 10_7q) pAgT IV PROGRAM NARRATIVE r (A C•ch—See In almcf/ona) PACE 11 OF 1y 1 MICROFILMED BY DORM MICR LAB ' CEDAR RAPIDS DES MOINES 1 Form Approved INSTRUCTIONS OafO No. 158-ROIJ7 PART III Section C. Eaelusiuns Lin. 26 a9 — Identify and list Show costs in Column 111 which are pan of the Project cost but are not subject to Federal participation became of program legislation or Federal grantor agency instructions. The total amount on Line g Should gree with the amount shown on Line 17 of Section R. Show in Column 121 Show project costs that are subject to Federal participation but are not eligible for inclusion in the amount used to computer contingency amounts as Provided in the Federal grantor agency instructions. Section O. Proposed Method of Financing Non-Fedmal Shan Line 27 a.g — Show the source of the gtantre i share. If cash is not immediately available, specify the anions completed to date And Show actions remaining to make cash available under Section E Remarks. Indicate also the period of time that will be required after execution of She grant agreement to obtain the funds. If there is a noncash contribution, explain whet this contribution will consist of. Line 27 h — Show the total of Lines 77 .y. This amount must equal the amount shown in Section B, Line 23. Lina 28 a — Show the amount that will be contributed by . Stat. or state ogeney, only if the applicant is nor a Stale c, slate money. If there is a noncash eonlribution, exphin what the contribution will consist of under Section E Remarks. Lina 28 Is — Show the amount that will be contributed from other sources. 11 there is a noncash contribution, explain what this contribution will consist of under Section E Remarks. Line 28 a —Show the local of Lines 28. and 29b. This amount must be the sense as the amount shown In Section B. line 24. Line 29 — Enter the totals of Line 27h and Line 28c. Section E. Other Rinalks Make any remarks pertinent to the project and provide any other information required by these instructions or the grantor agency. Attach additional sheets, If necessary, CPA into 5700-32(.9re. 10-79) Pe6e 12 Or Ig �y MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS a DES MOINES I a I k s ' 1 1 t Form Approved INSTRUCTIONS OafO No. 158-ROIJ7 PART III Section C. Eaelusiuns Lin. 26 a9 — Identify and list Show costs in Column 111 which are pan of the Project cost but are not subject to Federal participation became of program legislation or Federal grantor agency instructions. The total amount on Line g Should gree with the amount shown on Line 17 of Section R. Show in Column 121 Show project costs that are subject to Federal participation but are not eligible for inclusion in the amount used to computer contingency amounts as Provided in the Federal grantor agency instructions. Section O. Proposed Method of Financing Non-Fedmal Shan Line 27 a.g — Show the source of the gtantre i share. If cash is not immediately available, specify the anions completed to date And Show actions remaining to make cash available under Section E Remarks. Indicate also the period of time that will be required after execution of She grant agreement to obtain the funds. If there is a noncash contribution, explain whet this contribution will consist of. Line 27 h — Show the total of Lines 77 .y. This amount must equal the amount shown in Section B, Line 23. Lina 28 a — Show the amount that will be contributed by . Stat. or state ogeney, only if the applicant is nor a Stale c, slate money. If there is a noncash eonlribution, exphin what the contribution will consist of under Section E Remarks. Lina 28 Is — Show the amount that will be contributed from other sources. 11 there is a noncash contribution, explain what this contribution will consist of under Section E Remarks. Line 28 a —Show the local of Lines 28. and 29b. This amount must be the sense as the amount shown In Section B. line 24. Line 29 — Enter the totals of Line 27h and Line 28c. Section E. Other Rinalks Make any remarks pertinent to the project and provide any other information required by these instructions or the grantor agency. Attach additional sheets, If necessary, CPA into 5700-32(.9re. 10-79) Pe6e 12 Or Ig �y MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS a DES MOINES I u PART IV — NARRATIVE 514TEIAENT CONSTRICTION GRANTS FOR WASTEWATER 1RLATMENT WORKS S,-clmn A. tall.duch.. ConslmChon of federally financed waste Treatment wor'r.s generally is accomplished in mere steps Seep I lacrbnes plans and related etemenls: Seep 7 preparation of construction draw- ings and speabcau.m. and Step 3 erection and building of a ticalmenl works An application muxl M submitted to the Stale agency lot each proposed treatment worms The pave appbco- tion shall meet the relourn encs ler the plated set larger In SCC lion B. Submissions recpuled Or subsequent related projects shall be pmwded in the term of amendments to the basic apple- capon pplecapon Each such submission snail he subm.Iled through the Stale Agency. must bo complete. and muse relate to a project lot which Finally has been determined by Ile Stale agency If any enlofmalron requmed has been annished with an earlier ap- plrealion. the applicant need only incorporate by reference and. tl necessary, update or revise such information utilizing Ile pro- wously approved application. Prior to completion of an applica- ban applicants should he thoroughly familiar with all EPA grant reguliuons (40 CFR Part 30 and Subpart E of Pan 35) which apply to this program. Section B. Application Repuiremenb 1. For all grant applications or amendments (Stop 1, 2. or 3) identify, by the National Pollution Discharge Eliminallon System (NPOES) Permit discharge name and number, m appropriate. all publicly owned treatment works that will he included within the work mope lar which grant assistance is being regoesled 2. Project lot facilities plan and Petaled elements required to apply lar Step 2 grant assistance (Step 1). An application for a grant for Step 1 shall include (Nee 40 CFR 35.930.3(.).): a. A plan of study presenting Ig) the proposed planning area; (ii) an identilicalmn of the enldy or entities ]tint will be conducting the planning; III) the nature and scope of the proposed Step t project and public panicepation program• including a schedule for the completion of specific tasks; and int) an nemyed description of the es' limmed Costs lot the project. b. Proposed subagreemenls, Or an explanation of the in tended method of awarding subagreements for pedorm- ance of any substantial portion at the project work. C. Requited comments or approval• at relevant Stale. Ideal and Federal a9oncies (lathering "clearinghouse" ret quireaenls of DME) Circular A-95, as rnvisetl). 3. project lot poparabon of consuuchon drnwings and cancels. cations (Step 21 An application Tor a grant or giant amendment for preparation at ConslruCllen drawings and screclllcnllo ng shall Include. a. A facildres plan lineludeng an environmental gnlormabon document In accordance with 40 CFR Pad 0, Sud parts A. E) In accordance with 40 CFR 35917 through 35.917.9 and other, Step 2 application rnqugremenis (35.92631b)). The description of he u.illmenl works Or which coust uclion drawings and specifications are to be prepared shall include preliminary engrmering data. cost ashipmes lar design and construction lot the Reappear works, and a schedule for completion of the design and EPA Form $700-32 (Rev. 10_791 MICROFILMEO BY JORM MICR+LA13 CEDAR RAPIDS a DES MOINES roto Approved OMIT fie. 158•N0134 mrtmruelron It shah indrome Ilia planned division of all Ifo work to ne encompassed ny the grant, a e.. completing fare planned treatment works. (,,an 2 and Step 3) indeed - Ing any xgmeming or phasing, into projects lot which applications lot amendment of the basic application will to submitted. Cost estuaries shall Le provided for each such projecl ai well as the total estimate for law treatment works using the format provided on Page 16 of this apple. cation form kroalh and year of cost estimate preparation strap be included. o Adequate information regarding availability of Cleansed sieels).d relevant; e. Proposed subagieemenls or an explanation of the go- Tended method of awarding suloa,,cesperps lot pedorm- ance of any substantial gonion of the project work: d. Required comments of approvals of relevant Stale. local and Federal Agencies, including Clearinghouse aquile- menls of Office of Management and Budget Circular A. 95, As revised Isere 40 CFR 36305); e. A value engineering (VE) commitment in compliance with § 35.9261a) lot all Won 2 grant applgcalOns hof Pro!' eels with a plajecled total Step 3 grant eligible con• slructgon cast of $10 million or more excluding the cost for interceptor and collector sewers. For those projects requiring VE. the ggnlae may propose, subject to the Regional Admmisliator 3 approval• to exclude interceptor and collector sewers Irpm the scope of the VE analysis: 1. Proposed of executed (as determined appropriate by Ile Aegmna/ Administrator) mlermunolpal agreements lea essary for the construction and operation of the pro- posed treatment works, for any treatment works serving Iwo of more municipalities: IT, A schedule for initiation and completion of the project work (see AdCFR 35.9359), includmo mileslones, and h. Satisfactory evidence of compliance write Title 40 Cade of Federal Regulations sections: lel §§ 35.92511. 35,929 at seq and 35935.13 regard- ing are, chilies: (ii) §§ 35.9251 1, 3.5.9211 at seq. and 35.93!x15 regard- ing industrial cost recovery. it applicable; (iiq § 3.5.925.16, regarding costs allocable to Federal facilities. it applicable: In) § 35927.4 regarding a server use ordinance; (v) § 304057 and Pat] 4 of 40 CFR Chapter B, regard- ing compliance with the Uniform Relocation Assist- ance and Real Pamny Acquisition Policies Act of 1970,.f cpph,shla: and (M) Oder applicable Federal sululory and regulatory requirements Ise, Subpart C of 40 CFR Pan 30) AM PAGE 13 OF 19 6Ty l PART IV — NARRATIVE 514TEIAENT CONSTRICTION GRANTS FOR WASTEWATER 1RLATMENT WORKS S,-clmn A. tall.duch.. ConslmChon of federally financed waste Treatment wor'r.s generally is accomplished in mere steps Seep I lacrbnes plans and related etemenls: Seep 7 preparation of construction draw- ings and speabcau.m. and Step 3 erection and building of a ticalmenl works An application muxl M submitted to the Stale agency lot each proposed treatment worms The pave appbco- tion shall meet the relourn encs ler the plated set larger In SCC lion B. Submissions recpuled Or subsequent related projects shall be pmwded in the term of amendments to the basic apple- capon pplecapon Each such submission snail he subm.Iled through the Stale Agency. must bo complete. and muse relate to a project lot which Finally has been determined by Ile Stale agency If any enlofmalron requmed has been annished with an earlier ap- plrealion. the applicant need only incorporate by reference and. tl necessary, update or revise such information utilizing Ile pro- wously approved application. Prior to completion of an applica- ban applicants should he thoroughly familiar with all EPA grant reguliuons (40 CFR Part 30 and Subpart E of Pan 35) which apply to this program. Section B. Application Repuiremenb 1. For all grant applications or amendments (Stop 1, 2. or 3) identify, by the National Pollution Discharge Eliminallon System (NPOES) Permit discharge name and number, m appropriate. all publicly owned treatment works that will he included within the work mope lar which grant assistance is being regoesled 2. Project lot facilities plan and Petaled elements required to apply lar Step 2 grant assistance (Step 1). An application for a grant for Step 1 shall include (Nee 40 CFR 35.930.3(.).): a. A plan of study presenting Ig) the proposed planning area; (ii) an identilicalmn of the enldy or entities ]tint will be conducting the planning; III) the nature and scope of the proposed Step t project and public panicepation program• including a schedule for the completion of specific tasks; and int) an nemyed description of the es' limmed Costs lot the project. b. Proposed subagreemenls, Or an explanation of the in tended method of awarding subagreements for pedorm- ance of any substantial portion at the project work. C. Requited comments or approval• at relevant Stale. Ideal and Federal a9oncies (lathering "clearinghouse" ret quireaenls of DME) Circular A-95, as rnvisetl). 3. project lot poparabon of consuuchon drnwings and cancels. cations (Step 21 An application Tor a grant or giant amendment for preparation at ConslruCllen drawings and screclllcnllo ng shall Include. a. A facildres plan lineludeng an environmental gnlormabon document In accordance with 40 CFR Pad 0, Sud parts A. E) In accordance with 40 CFR 35917 through 35.917.9 and other, Step 2 application rnqugremenis (35.92631b)). The description of he u.illmenl works Or which coust uclion drawings and specifications are to be prepared shall include preliminary engrmering data. cost ashipmes lar design and construction lot the Reappear works, and a schedule for completion of the design and EPA Form $700-32 (Rev. 10_791 MICROFILMEO BY JORM MICR+LA13 CEDAR RAPIDS a DES MOINES roto Approved OMIT fie. 158•N0134 mrtmruelron It shah indrome Ilia planned division of all Ifo work to ne encompassed ny the grant, a e.. completing fare planned treatment works. (,,an 2 and Step 3) indeed - Ing any xgmeming or phasing, into projects lot which applications lot amendment of the basic application will to submitted. Cost estuaries shall Le provided for each such projecl ai well as the total estimate for law treatment works using the format provided on Page 16 of this apple. cation form kroalh and year of cost estimate preparation strap be included. o Adequate information regarding availability of Cleansed sieels).d relevant; e. Proposed subagieemenls or an explanation of the go- Tended method of awarding suloa,,cesperps lot pedorm- ance of any substantial gonion of the project work: d. Required comments of approvals of relevant Stale. local and Federal Agencies, including Clearinghouse aquile- menls of Office of Management and Budget Circular A. 95, As revised Isere 40 CFR 36305); e. A value engineering (VE) commitment in compliance with § 35.9261a) lot all Won 2 grant applgcalOns hof Pro!' eels with a plajecled total Step 3 grant eligible con• slructgon cast of $10 million or more excluding the cost for interceptor and collector sewers. For those projects requiring VE. the ggnlae may propose, subject to the Regional Admmisliator 3 approval• to exclude interceptor and collector sewers Irpm the scope of the VE analysis: 1. Proposed of executed (as determined appropriate by Ile Aegmna/ Administrator) mlermunolpal agreements lea essary for the construction and operation of the pro- posed treatment works, for any treatment works serving Iwo of more municipalities: IT, A schedule for initiation and completion of the project work (see AdCFR 35.9359), includmo mileslones, and h. Satisfactory evidence of compliance write Title 40 Cade of Federal Regulations sections: lel §§ 35.92511. 35,929 at seq and 35935.13 regard- ing are, chilies: (ii) §§ 35.9251 1, 3.5.9211 at seq. and 35.93!x15 regard- ing industrial cost recovery. it applicable; (iiq § 3.5.925.16, regarding costs allocable to Federal facilities. it applicable: In) § 35927.4 regarding a server use ordinance; (v) § 304057 and Pat] 4 of 40 CFR Chapter B, regard- ing compliance with the Uniform Relocation Assist- ance and Real Pamny Acquisition Policies Act of 1970,.f cpph,shla: and (M) Oder applicable Federal sululory and regulatory requirements Ise, Subpart C of 40 CFR Pan 30) AM PAGE 13 OF 19 6Ty 1 17 L I. Aller June 30. 1900, ler graruaes subject to paI,,,.tmem r equilemems undor § 35.507 Of. the items regmmd by § 35.507(d) (1). td) (2) and (d) (4). 4. Project lar building and erection al a treatment works (Step .1. An application for a grant Or grant amendment lar the build. Ing and erection of a beatmem works shall include (a) the items In paragraphs 3a, through 31. of this section, (b) the coo- struction drawings and sfacibcations. suitable for bidding par. Poses. (e) A schedule lot or evidence of compliance with 40 CFR 35.925-10 and 35.535-12 concerning an operation and mainte- nance program, including a preliminary plan of operation, and (d) after December 31, 1980- the items required by § 35.907 (d)(I) through (d)(9), re; applicable for grantees subject to pretreatment requirements under § 35.W(b). (See 3 35.920,Nc)). II shall also Include cost estimates for the completion of construction of the treatment works with an ofirm Ilion of their current validity. The formal provided on Page 14 of this application form will to Inert, 5. Combination design and construction of a treatment works (Step 2 + 3). Before the award of a grant or grant amendment for a Step 2 + 3 project the giant. must furnish: (a) each of the items specified in paragraph 3 of this section. and (b) a schedule for timely submission of plans and specifications. op� elation and maintenance manual. War charge and Industrial EPA Farm 5700 —3 2 (R4 r. 10-79) Form A hu..cal OMB No. 15&110134 cost recovery systems. ewer use ordinances and a preliminary plan of olxntion. (See 40 CFR 35.9203(d)). 4 Training Facility Project. M application for assistance lar construction of a training facility pursuant to Section 109(b) of the Act shall include (a) a statement concerning the suitability of the treatment works lacility, facilities or training programs for training operations and maintenance personnel for Irealment works throughout one or more Staler. to) a written commitment from the State agency or agencies to carry trial at such facility a program of training approved by the ReSianal Administrator; and (c) an engineering report (required only it a facility is to ee constructed), including facility design data. cost astimates for design and construction; and (d) a detailed outline of the train - Ing programs Including, (for 1.3. and 5 year projectiona): (i) an assessment of need for training, (ii) Prow the need was deter- mined. (iii) who would be trained. (iv) what curriculum and ma- terials ..aid be used (v) what type of delivery system will be used to conduct training, (e.g., Stale vocational education sys- tem. Stale environmental agency, universities or private organi- aatlons), (vi) what resources are available for the programs. (vii) a budget breakdown on the cast of the program, and (viii) the relationship of the facility of programs to other training pro- grams. MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS 9 DES MOINES PAGE 14 OF 19 L' R PART IV—NARRATIVE STATEMENT 0110 No. 133-RO1J4 Icurnin.,) Semon C. Loan Guaunl¢a, for Convmaion of Tnatmmt Work, Thn mi-Imatlon d tP be Plav,ded only If the apPlieam is 0PPlyu.q lo' a guaranteed Federal loan to finance the local share P1 the treatment works for w.bidr a grant is renuested. Such guaranleed loans from Ina Federal Financing Bank are Iam-nind by Section 213 of the Federal ""let Pollution Control Act, as amended, and governed by regulations Promulgated by EPA in 40 CFR pan 39. If the grant has been requested in an Eadie, application, only one COPY at Pans 1 through V need accompany this loan application to EPA. Bulky attachments to the original application, such as facilities Plant. plans and specifications, sat bagreemenb, or "Clearinghouse" comments, need not be included. An original antl three inlormation required by this Pan IV C must he prep,, pies of the Copies ad. e Office of EPA, copy copy One tl to be ,ens , the appropriate State Plater Pollution Agency: the original and two copies to the appropriate Reg -.nal This application lot a loan and loan guarantee must include the following information: ' 1, Applicant/Grantee Name and applicable Slate-aw,ra f grant em, poject identification numbmis). If more than one Step, segmr or grant is involved in this loan tllY ethic. guarantee application, briefly Idea. 2. Project financial information , 11 mor¢ than one Step, segment, Protect or grant is involved, this inlormation mull lie Provided for each separately, B. Total eligible and allowable cost of project. b. EPA share of project EPA cost 1 grant amount,. Identify it this amount is estimated or actual 19,an1 awarded,. C. Other Federal share Of eligible and allowable project cost lidentify sourcel. d. State share of eligible and allowable project cost, a. Other funds contributing 10 eligible and allowable pmject cost (identify sourcel. I, Principal amount of grantee borrowings for the local share of the eligible and allowable project colt. (1) Short term note,. 121 Permanent financing which may be refinanced under the I Provisions 0140 CFR 39,1 l0fb)12). if (3) Other a Permanent financing. - ' 3. IAaaimum possible loan I (f he,. arnaunt. Compute Illi, ligu,! m lollawf L c amputation); Start with Item 2a. Subtract 11011 2b, 7C, 2d, 7e and 21131. The remainder h the maximum possible loan :mount, EPA Fwm 5700_77 (per, IIiT)q) 4, Requelled Ip:m bmpum: a. Total, b. Amount lot refinancing, C. Amount not previously pene,nently financed. S. DOWmentation that the grantee/applicant is unable 10 obtain on '?.,unable inns, las defined by 40 CFR to finance the local share of the 39.10511)7 sulliciem credit ProjPcl,: a. The results of any Public 'Cla italum lot bids 'Or obligation m finance die local share, or b. a certification from a municipal bond unde"rtt.. tali which submit led or might normally have lubmined a bid low lice obligatiam, or c, 10, an applicant with an obliF d,,, to pay the local share o/ $250,000 or /e11, certification Item two or mole local or regional banks; antl tl. /or as app/leant gPrpenring a rmismid" with it "'Pterion o/ 10,000 or len, a written statement from an autho'iaed representative of the Farmers Home Administration that ?gnu, loans or loan guarantees are not available from FmHA in an adegeate amount or within a reasonable time (Prior to the estimated construction start data,. fi. Evidence of ability to repay, in the form of an ollictal Statement which compltet,fill the guidelines for such statements furnished by the Regional Office of EPA. IA bond p'ospenw may Satisfy This requirement.) 7. Legal opinion of the applicant's attorney for bond counsel) which complies with the r,quircmenn of 40 CFR 39,1101,1137 S. Assuranoet, in the form PI An ordinance or other evidence of authority that the aPPl,Cuni can and will comply with the condition, its forth in 40 CFR 39.115. 9. A check made payable to she U.S. Environmental Protection Agency. in the amount of $1,000 or 1/9 of requested loan amount (Item 4. above), which rte percent al the nos Io taceed 525,000. ,'ver it great,,, hal 0. Name and telephone number of the individual IoM Contacted, necessary, for additional inlormation about Pplicatipn. the loan guarantee 1. Name, title and signature of the applicant's I.Runbed reprecen. live, and date s;,h,d. MICROFILMED BY JORM M,CR+LAS CEDAR RAPIDS a DES MOINES PAGE t.! 6F-j—,— MICROFILMED i19 f i •. Form Apprn,ed PART IV _ NARRATIVE STATEMENT Section J nUp A•n ICA. on, ?I SUMMARY OF COSTS OF PLANNED TREATMENT WORKS MUNICIPALITY (:IppLranO' I SCHEDULED BY PROJECT AND CATEGORY City of Iowa City APPLICATION NO. c h I p I -190830.x3 j •a. 1 e. d. I PROJECT PROJECT PROJECT PROJECT •. Form Apprn,ed PART IV _ NARRATIVE STATEMENT Section J nUp A•n ICA. on, ?I SUMMARY OF COSTS OF PLANNED TREATMENT WORKS MUNICIPALITY (:IppLranO' APPLICANT'S SCHEDULED BY PROJECT AND CATEGORY City of Iowa City APPLICATION NO. c (R,adu..uumon, uo ne rnr brfc, OOngdrnng)orm) -190830.x3 •a. b. e. d. e. PROJECT PROJECT PROJECT PROJECT TOTAL ALL SEOUENCE SEQUENCE SEOUENCE' SEOUENCE PROJECTS s' •' ? PROJECT STEP STEP 2 STEP 2 I STEP 3 STEP 3 '�+� 9E :aR v ESTIMATED CA LENDAR OUARTER/•�"LBr-''S •'5 3. YEAR APPLICATION WILL BE SUBMIT. 2/80 3/8O 2 82 3/82 =-*_;�1-. ''.�>,.. TED TO EPA FOR FUNDING S S S S S J. CATEGORY I Sccond,q Tre.Imem and UPWTT 1 8-40,000 28J60.00) 30,000,000 It. CATEGORY II Moe. Satin{ent Teatmem C. Cil... InfTEGORr IIIA Corwnion 90 000 , 35700 , 447000 , d. sewer SOy :"T"acemen: sen,em+.n^n e.CATEGORYIVA New Collector. end AM.I,...nce. 4.- f. CATEGORY IVB New and A".,,.....1. 210,000 700,000 17,843,00 1 18,753.00 9. CATEGORY V Correction ofCombined Sewrr O.etnows h. CATEGORY VI Treatment and/or Control or Slnrmw�.rr, r REVIOUSLY STEP OST FUNDED OOFP S -O- S _O_ S _O_ S _0_ S. ANDSTEP p, PLANNED PROJECTS S2>OSO,000 S 790,000 528,160 OO 518 ZOO OO 6' PLANNEDLUT PROJECTS {rT jrT'r. Ij yP�s 5,. ***** zf9,200,000 DINT.ED TO BE INCLUDED IN TRE ENTIRE GRANT J IV r ; j'I E4 Stll„ ei,x ! - STEP I PROJECT COST I + * o yi 1r' y a"f'�j� '�J •• 7. 1 :a-, f •+ a, r +;_ T:� n\;_,.;' S 439,000 PRaecr do.c190830 _D .., n..J,•ws COST ESTIMATES OF PLANNED PROJECTS WERE COMPUTED AS OF aa// ((�I AND REFLECT THE LATEST B• INO198RD YEAR) CONSTRUCTION COST INDEX OF 3159 AS REPORTED BY THE ENGINEERING NEWS RECORD. 93, ESTIMATES PREPAREDIVERIFIED BY 9b. REVIEW AND APPROVAL BY STATE AGENCY NAME (PIeAJ1PrIn0DATri E NAME(P/erne print) - DATE J. W. Kimm Apri1 22, 1980 ORGANIZATION ORGANIZATION Veenstra & Kimm nc TEArEPHONE 1�AREACO E I NUMBER SIGNATURE NUMB R i 225-8000 UJE / 2 9e. REVIEW AND APPROVAL BY EPA REGIONAL OFFICE NAME(Pleme print) DATE / pre "I ,•,•; (y A, SIGNATURE • The Step I projecl, if any, will be reported on line 7. 'k SEE ATTACHED SHEET Ifni, Slept project war f.nded by EPA, insm NIA. +** EPA rare, 5700-77 (R -e. 10-79) MICROFILMED BY DORM MICR+LAO CEDAR RAPIDS • DES MOINES PAGE 16 OF 19 * Engineering design and soil borings - water pollution control plant and outfall sewer. ** Engineering design - sewer rehabilitation and additional trunk and interceptor sewers. *** Construction - water pollution control plant. **** Construction - outfall sewer and additional trunk and interceptor i sewers. ***k* Total project cost - does not include land, easements and rights-of-way acquisition costs estimated at $1,000,000. M IC""'MED DY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I 5,,, u ART IV _NARRATIVE STATEMENT 5rcllo Form Approved GENERAL INSTRUCTIONS O.vIR No. a35 • R017a No, id, the aewal or evim coed cow fur the design and construction projrels to nunplere the Treatment Worst as pf:,nned. Indicate the planned division of the work to in rrnempass.d by the Grant into projects. i.e., the Step Two project for preparation of construction drawings and speeitic,swns. and the Step "flame project for construction. Identif; any recommended segmenting or phasing of design or rnnarruetion info additional Step Tx o tar Step Three projects. Use additional pages if the number of Step Two and Step Th,ce projects being recommended eared, four. If nor or more recommended Step Two or Step Three projects would be carried out by a municipality other than the municipality funding the Step One facilities planning. showthat prujecibl on a separate page. SPECIFIC INSTRUCTIONS ITEMS) I If the first project funded by EPA was for Facilities planning (Step One), report it on line 7. The second project would j normally be for preparation of construction drawings and specifications. ere. Enter any project sequitur numbers the Stale has assigned. j ITEMS 2 THRU 5 REQUIRE INFORMATION ON FUNDED OR PLANNED PROIECTS IN CHRONOLOGICAL SEQUENCE LEFT TO MIGHT. ' 2 Enter the step of each project funded or planned. O Enter the date (calendar quaver/,ctrl when the application for each recommended project on a Stam Project Priority List is scheduled to n .bmilird to EPA. If a project has already been funded by EPA or is not on the approved Slate Project . Priority List. insert "NIA:' 4a -h Enter the actual or estimated cost of each project identified by category of work. 5 Eater the 1.121 actual or estimated cast of each project. 6 Enter the total ntimalrd cost of 211 planned but unfunded projects to be included in this entire grant (sum of 5.6. columns A through D). Exclude the estimated cost of the project which is the subject of this application. 7 Enter the EPA Identification Number of the Step One. Facilities Planning, project, if any, for this grant. Enter the total cost of the Step One project. S Enter the date (month/year) upon which estimated costs are based and the appropriate Construction Cost Index for that month as reported in the Engineering News Record. 92. Insert napm, date, organisati)n, phone and signantle of responsible individual on applicant's or consulmni s staff who may be contacted regarding n1lmairs. b. Insert name and organization of State official responsible for review of this application. C. Imen name of EPA Individual responsible for programmatic review of the project covered by this application. DEFINITIONS CATEGORY I Secondary Treatment and Best Practicable Waste Treatment Technology (BPWTT), including costs for higher levels of DOD and suspended solids removal, without a requirement far removal of other constimtenis. H Advanced waste treatment. Including removal of one or more of the fallowing: phosphorus, nitrogen, nitrate chemical oxygen demand, total organic carbon, pesticides. heavy metals, erc. Also included are polishing lagoons which temporarily retain effluents from secondary treatment facilities. IIIA Correction of Infillratton/Inflow Conditions, Including cost of the I/1 analysis and evaluation, together with all costs ncrosary for removing excessive 1/1 from the sewer system, such as replacement at relining sewersectidni,naw muting systems, eta. and Including the treatment plant component costs specifically requited to treat 1/1 Rowi which cannot be reduced in a cost effective manner. IBD Replacement or major rehabilitation of stairs, where it has been determined that such replacement at rehabilitation is necessary to the total integrity and performance of the wastewater treatment works. IVA New collectors. Including sewers, force maim and pumping stations which perform the complete collector sewer function. IVB New Interceptors, including sewers, force mains and pumping stations which perform the complete Interceptor sewer fune0un. V Conrclion of combined sewer overflows including costs for evaluating alternative methods of correcting such overflow's and the cost of nix' collectors. Intrrceplen, storm sewers, retention basins, ere., necessary to allesiare the overnmv problem. V1 Treatment and/or control of stnrmxaters, Including the cents of abating pollution from stomlwater runoff ehanndled through sewers and other conveyances used only for such run-off. Costs of &baling pollution from starmume, channelled through sewers which also carry uwage am included in Category V. PAGE '17 of19 EPA Fwn 5700-07 (R., 10_79) MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS w DES MOINES I j I It Fur. App'ovd OMEN, 156nof74 PART g ASSURANCES ogees and arnbee that Ina will comply with the n-gulalmns. Iwlmies, gudellnes and requirements. including TM appbpnt hereby 2. and Federal lana9e re 10 the application. albce of I.lanagemenl and Budget Circulars No. A 95and X10Lcam deey and".niAs ney c es wilhiespecl ]o the giant acceptance and use al Federal tuna tar this Idenilly-n5eislee pmp cj_ I,M; Ibe app g' that: 1. 11 possesses legal aulhonry to apply for the grant. and Io finance and Construct the pn pu5ed facilities. that T rC501111ron, motion or similar action has Leen duly adopted or passed as an Official act of the applicants governing body. authorizing the filing of the applicatian, including au urderstandings and assur- anuz contained therein, and drccnnabve og andf the apps int mialfForizg the pact ,on identified 35 NC othcial aprese in connection with the application and to provide such addihoral information as may Ee required. 2. It will comply with the provisions of: Executive Order 11988. relating 10 evaluation of pmentiaj efl"ls al any actions in a Bodplain. Executive Order 12088, relating to the prevention, control and abatement of water pollution, and Ernculive Order 11990. refiling to minimising harm to wetlands. 7. 11 will have sufficient funds available to meet the non-Fedef- al share of the cos] for construction projects. Sullfcienl funds will be available when consIluChOn is completed to assure at. (active Operation and maintenance of the facility for the purpaY es constructed. 4. II will obtain approval by the appropriate Federal agency 01 die final working drawing, and specifical ions Cal,ue'it. project Is advertised or placed on the market far bidding: that it will construct the project, or cause it to be constructed. to final completion In accordance with the application and approved plans andscrecifrcolians; that It will submit to the appropriate Federal agency for prior approval changes that alter the Costs of the project. use OI apace. Or Junctional layout: that it will hot en- ter into a construction conhaelfs) for the project or udedake other activities until ih0 conditions OI the COOalfuClion grant programs) have been mel. 5, It will provide and maintain competent and adaquato archl- lectural engineering supervision and Mial ction at the conslmc- lion site to insure that he completed work conforms with rebs the approved plans ad specifications; that it will furnish p 9 reports and such other fnforma0on As ]ha Federal grantor agen- cy may require. 6. It will operate and maintain the Ncilily in accordance with the minimum standards as may W required or p'esmited by the applicable Federal. Stale and local agencies Sof Ilia mainte- once and operation of such Iacililfns. 7. II will give She grantor agency and the Compared., General through any aullionled repnis.nialive access to and the right Io examine all records, Woks. pTPels. or documents related to the giant. EPA Farm 5700_371Re1, 10_791 B. b will require the facility m W designed to comply with the "Amoricen Standard Specifications for Making Buildings and Facile as Accessible lo, and Usable by. the Physically Handi- capped:" Number At 17.1.196% as modified (41 CFP 101.17307). The applicant will Wresponsible for conducting inspections to insure compliance wird these specif c.lions by the contractor. 9. II will cause work can the project to be commenced within a reasonable time aIle' acmpl of nouln"I"m Ira' the approving Federal agency that funds have been approved and that the Such act will be prosecuted to comPletionwith reasonabladiligenes. 10. II will not dispose of or encumber its title or other interests in the site and fncflllfes during the period of Federal interest or while the Government Wlds bonds. whichever is the longer. 11. It will comply with Title VI d the Civil Sights Act of 1964 (P.L 8&752) and In accordance with Title N Of that Act. no per- son in the United Stales shall, on the ground of race. color, of national origin. W excluded from participation in, be denied IS* ion under benefits 01. Of be otherwise subjected to applicant Federal program or activity lot which the app far enc1.1 assistance and will Immediately lake any measures necessary to 011ed0ate this agreement. If any mat property m structure thereon is provided or Imploved with the aid of Feder- al financial assistance enended to the Applicant. this assurance shall obligate the Applicant, tar in the ease of any transfer of such property. any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or (0, another purpose Involving the provision of similar services or benefits. 12. II will establish Safeguards to prohibit employees from us ing their posilions lar a purpose that Is or gives the appearance Of being motivated by a desire lo' private gain for themselves or others, particularly these with whom they Suave family, business, or other ties. 17. It will comply with the requirements of Title II and Title 111 of the Uniform PCIOcalda Assistance and Peal Property Acquisk lions Act of 1970 (P.L 91-W6) which provides for fair and aquk table treatment of Persons displaced or whose property is Sic. quired as a result of red eral and federally assisted Programs. 14. It will comply with all requirements Imposed by the Federal grantor agency concerning efwcial requirements of law, We gram requirements. and other Whimistalive requirements aP proved in accordance ..Ill OMB Circular No. X102. 15. II will comply with In. provisions of the Hatch Act which limit it, political activity of employees. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS a DES MOINES PAGE to OF If 1 I Fur. App'ovd OMEN, 156nof74 PART g ASSURANCES ogees and arnbee that Ina will comply with the n-gulalmns. Iwlmies, gudellnes and requirements. including TM appbpnt hereby 2. and Federal lana9e re 10 the application. albce of I.lanagemenl and Budget Circulars No. A 95and X10Lcam deey and".niAs ney c es wilhiespecl ]o the giant acceptance and use al Federal tuna tar this Idenilly-n5eislee pmp cj_ I,M; Ibe app g' that: 1. 11 possesses legal aulhonry to apply for the grant. and Io finance and Construct the pn pu5ed facilities. that T rC501111ron, motion or similar action has Leen duly adopted or passed as an Official act of the applicants governing body. authorizing the filing of the applicatian, including au urderstandings and assur- anuz contained therein, and drccnnabve og andf the apps int mialfForizg the pact ,on identified 35 NC othcial aprese in connection with the application and to provide such addihoral information as may Ee required. 2. It will comply with the provisions of: Executive Order 11988. relating 10 evaluation of pmentiaj efl"ls al any actions in a Bodplain. Executive Order 12088, relating to the prevention, control and abatement of water pollution, and Ernculive Order 11990. refiling to minimising harm to wetlands. 7. 11 will have sufficient funds available to meet the non-Fedef- al share of the cos] for construction projects. Sullfcienl funds will be available when consIluChOn is completed to assure at. (active Operation and maintenance of the facility for the purpaY es constructed. 4. II will obtain approval by the appropriate Federal agency 01 die final working drawing, and specifical ions Cal,ue'it. project Is advertised or placed on the market far bidding: that it will construct the project, or cause it to be constructed. to final completion In accordance with the application and approved plans andscrecifrcolians; that It will submit to the appropriate Federal agency for prior approval changes that alter the Costs of the project. use OI apace. Or Junctional layout: that it will hot en- ter into a construction conhaelfs) for the project or udedake other activities until ih0 conditions OI the COOalfuClion grant programs) have been mel. 5, It will provide and maintain competent and adaquato archl- lectural engineering supervision and Mial ction at the conslmc- lion site to insure that he completed work conforms with rebs the approved plans ad specifications; that it will furnish p 9 reports and such other fnforma0on As ]ha Federal grantor agen- cy may require. 6. It will operate and maintain the Ncilily in accordance with the minimum standards as may W required or p'esmited by the applicable Federal. Stale and local agencies Sof Ilia mainte- once and operation of such Iacililfns. 7. II will give She grantor agency and the Compared., General through any aullionled repnis.nialive access to and the right Io examine all records, Woks. pTPels. or documents related to the giant. EPA Farm 5700_371Re1, 10_791 B. b will require the facility m W designed to comply with the "Amoricen Standard Specifications for Making Buildings and Facile as Accessible lo, and Usable by. the Physically Handi- capped:" Number At 17.1.196% as modified (41 CFP 101.17307). The applicant will Wresponsible for conducting inspections to insure compliance wird these specif c.lions by the contractor. 9. II will cause work can the project to be commenced within a reasonable time aIle' acmpl of nouln"I"m Ira' the approving Federal agency that funds have been approved and that the Such act will be prosecuted to comPletionwith reasonabladiligenes. 10. II will not dispose of or encumber its title or other interests in the site and fncflllfes during the period of Federal interest or while the Government Wlds bonds. whichever is the longer. 11. It will comply with Title VI d the Civil Sights Act of 1964 (P.L 8&752) and In accordance with Title N Of that Act. no per- son in the United Stales shall, on the ground of race. color, of national origin. W excluded from participation in, be denied IS* ion under benefits 01. Of be otherwise subjected to applicant Federal program or activity lot which the app far enc1.1 assistance and will Immediately lake any measures necessary to 011ed0ate this agreement. If any mat property m structure thereon is provided or Imploved with the aid of Feder- al financial assistance enended to the Applicant. this assurance shall obligate the Applicant, tar in the ease of any transfer of such property. any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or (0, another purpose Involving the provision of similar services or benefits. 12. II will establish Safeguards to prohibit employees from us ing their posilions lar a purpose that Is or gives the appearance Of being motivated by a desire lo' private gain for themselves or others, particularly these with whom they Suave family, business, or other ties. 17. It will comply with the requirements of Title II and Title 111 of the Uniform PCIOcalda Assistance and Peal Property Acquisk lions Act of 1970 (P.L 91-W6) which provides for fair and aquk table treatment of Persons displaced or whose property is Sic. quired as a result of red eral and federally assisted Programs. 14. It will comply with all requirements Imposed by the Federal grantor agency concerning efwcial requirements of law, We gram requirements. and other Whimistalive requirements aP proved in accordance ..Ill OMB Circular No. X102. 15. II will comply with In. provisions of the Hatch Act which limit it, political activity of employees. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS a DES MOINES PAGE to OF If 16 It will comply with the minimum wage and maximum hours provision of the Federal Fair Uoor Slanmards Act. as they apply to employees of instdulmn3 of higher education, hospitals, other nomprold argand,alions. and to employees of Slate and local governments who are not employed in integral operators to areas of fractional governmental functions. 17. If will Insure pal the facilities untler ds ownership, lease or supervision which snall be uldued in the accomplishment at the project are not listed on the Environmental Projection Agency's (EPA) list of Violating Facilities and that it will notify line Federal grainor agency of the receipt of any communication from the Director of the EPA Office of Envirime enud Review Indicating that a facility to be utilized In the projat it uMer somlEer— aIton Ian list ins by the EPA. 16 It will comply with the flood insurance purchase require mems of Section 102(x) of the Flood Drsasler Protection Act of 1973, Public Law 93234, 67 Slat. 975, approved December 31, 1976. Section 102(a) requires. on and alter March 2, 1975, the purchase of flood insurance in communities where such inapt. Inca is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been Identified by the Secretary of the Department of Housing and Urban Development as an area haw Ing special flood hazards. The phrase "Federal financial assist. ante" includes any form of loan, grant. guaranty, insurance Form Approved OMANo '' Frq,0 Paymem.rebale, subsidy. disaster assistance loan or grant, or any other form of direct or Indirect Fldural assistance. 19 II will ASrsl the Federal gmmor agency in its compliance with Section 106 of the National Historic Presenatmn Act of 1966 as amended 116. US.C. 47q, Executive Order 11593, and the Archeological and Histprle Presentation Act of 1974 (16 US.C. 469x1 ei sao) by (a) consulting with the Slate Historic Preservation Officer on Ina conduct of investigations. as neces. sary, to identify propenies listed in or eligible lot inclusion in the National Register of Historic Places IMI are subject to ad. verse effects (sue 36 CFR Part 9W6) by the activity, and notify. ing the Federal grantor agency al the existence of any Such propenies, and by (b) complying win all requirements esta? fished by the Federal grantor agency to avoid or mitigate ad. verse effects upon such properties. 20. 11 will comply with all applicable requirements of Section 13 of the Federal Water Pollution Control Act Amendments of 1972 (AL 92-500) it the grant Is available under any grant au- thority of that Act, which provides that no person in the United Slates shall, on the ground of sea be excluded from participation in, to denied the benefits at. or bet otherwise subjected to dis• crimination under any program or activity under the said Federal Water Pollution Control ACI Amendments for which the applicant received financial assistance and will lake all necessary mer sures to effectuate this agreement. •u$44A "'In n.r,•s ar{I pTsl>.aolll<o i I EPA Ferro 5700_32 (3ee. 10_791 PAGE 19 D MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS a DES MOINES O ATTACHMENT 1 RESOLUTION NO. 80-157 Resolution authorizing filing of application with the Environmental Protection Agency, United States of America, for a Grant under the Water Pollution Control Act, (33 U.S.C. 1251 et seq.). WHEREAS, under the terms of the Water Pollution Control Act (33 U.S.C. 1251 et seq.), the United States of America has authorized the making of grants to authorized applicants to aid in the construction of specific public projects, and WHEREAS, the City Council of the City of Iowa City has the legal authority to apply for the grant and to finance, construct and operate the proposed facility, and WHEREAS, the City Council of the City of Iowa City desires that the City Manager, Neal G. Berlin, be authorized to make application for a grant under the Water Pollution Control Act. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. That the Mayor and City Clerk of the City of Iowa City, are hereby authorized to execute this Resolution, and 2. That Neal G. Berlin, City Manager, is hereby authorized to execute and file an application on behalf of the City of Iowa City, Iowa, with the United States Government for a grant in aid in the preparation of plans and specifications for the New Water Pollution Control Plant and Outfall Sewer and in the completion of other associated services - Step 2 Grant and he is hereby authorized and directed to furnish such information as the Environmental Protection Agency may reasonably request in connection with such application and to sign all necessary documents and receive payment. It was moved by Roberts and seconded byyevera that the Resolution be adopted an 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 29th_ day of _ 1980. ATTE Mayor MICROFILMED BY JORM MIC R+LA8 CEDAR RAPIDS - DES MOINES ti f - 4 I; r i'. � 0 4 ATTACHMENT 1 RESOLUTION NO. 80-157 Resolution authorizing filing of application with the Environmental Protection Agency, United States of America, for a Grant under the Water Pollution Control Act, (33 U.S.C. 1251 et seq.). WHEREAS, under the terms of the Water Pollution Control Act (33 U.S.C. 1251 et seq.), the United States of America has authorized the making of grants to authorized applicants to aid in the construction of specific public projects, and WHEREAS, the City Council of the City of Iowa City has the legal authority to apply for the grant and to finance, construct and operate the proposed facility, and WHEREAS, the City Council of the City of Iowa City desires that the City Manager, Neal G. Berlin, be authorized to make application for a grant under the Water Pollution Control Act. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. That the Mayor and City Clerk of the City of Iowa City, are hereby authorized to execute this Resolution, and 2. That Neal G. Berlin, City Manager, is hereby authorized to execute and file an application on behalf of the City of Iowa City, Iowa, with the United States Government for a grant in aid in the preparation of plans and specifications for the New Water Pollution Control Plant and Outfall Sewer and in the completion of other associated services - Step 2 Grant and he is hereby authorized and directed to furnish such information as the Environmental Protection Agency may reasonably request in connection with such application and to sign all necessary documents and receive payment. It was moved by Roberts and seconded byyevera that the Resolution be adopted an 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 29th_ day of _ 1980. ATTE Mayor MICROFILMED BY JORM MIC R+LA8 CEDAR RAPIDS - DES MOINES Resoltuion 110. 80-157 Page 2 CERTIFICATE OF RECORDING OFFICER The undersigned duly qualified and acting City Clerk of the City of Iowa City, Iowa, does hereby certify; That the attached resolution is a true and cation with the correct copy of the resolution authorizing the filing of app Environmental Protection Agency, as regularly adopted at a day convened ' meeting of the City Council, duly held on the 29th _ Y oAR. 1980; and, further, that such resolution has en fully recorded in the journal of proceedings and records in my office IN WITNESS WHEREOF, I have hereunto set my hand this 29t.h_ day of April , 1980. By inty clerk MICROFILMED BY JORM MICR+LAB ` S }' CEDAR RAPIDS DES MOINES ■ ATTACHMENT NO._ 2 STATEMENT BY APPLICANT This is to certify that the applicant, the City of Iowa City, Iowa, in making this application for a Step 2 grant under EPA Grant Program 66.418, Construction Grants for Wastewater Treatment Works, certifies that the proposed project will be constructed to comply with all pertinent ent all applicabletlocals of tenvironmentalhe lean Air Alawsct sanderegulations.nded in 1977, CITY OF IOWA CITY, IOWA By Authorized Representafiv APR 3 0 1980 1980 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES 1 1 ATTACHMENT NO._ 2 STATEMENT BY APPLICANT This is to certify that the applicant, the City of Iowa City, Iowa, in making this application for a Step 2 grant under EPA Grant Program 66.418, Construction Grants for Wastewater Treatment Works, certifies that the proposed project will be constructed to comply with all pertinent ent all applicabletlocals of tenvironmentalhe lean Air Alawsct sanderegulations.nded in 1977, CITY OF IOWA CITY, IOWA By Authorized Representafiv APR 3 0 1980 1980 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES i ATTACHMENT 3 STATEMENT The name, address and telephone number of the consulting engineer is as follows: Veenstra & Kimm, Inc. Engineers & Planners 300 West Bank Building 1601 22nd Street West Des Moines, Iowa 50265 515-225-8000 CITY OF IOWA CITY, IOWA By Aut orize Representative ' — APR 3 0 1980 1980 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES a I d'. i i i I ATTACHMENT 4 STATEMENT The City has, after extensive negotiations, approved a contract with Veenstra & Kimm, Inc., for the work to be done under this grant. A copy of Resolution No. 80-55 authorizing the mayor and city clerk to execute the contract and a copy of the unsigned contract are attached. A copy of the unsigned contract was previously submitted to IDEQ and EPA for pre -approval as required in EPA regulations. EPA 5700-41 forms for each of the work tasks set forth in the contract were included with the unsigned contract. A copy of the letter forwarding these documents to EPA and IDEQ is attached. A copy of an unsigned contract between Veenstra & Kimm, Inc., and Stanley Consultants, Inc., for the value engineering is attached. This contract will not be consumated until IDEQ and EPA approve the grant for this project. Veenstra & Kimm, Inc., has selected a local engineering 11BE to design the outfall sewer to meet EPA requirements related to IMBEs. Veeristra & Kimm, Inc., has not, as of this time, negotiated a contract with the MBE because the project has yet to be approved by EPA and IDEQ. Veenstra & Kimm, Inc., are reluctant to complete negotiation of the MBE contract until the project is approved. The value engineering contract was negotiated twice by Veenstra & Kimm, Inc., because of the delays in IDEQ and EPA approval of the project and, therefore, they are reluctant to negotitate the MBE contract until the project is approved. The contract for the soils investigations will be awarded by competitive bid soliciations. Construction contracts for the New Water Pollution Control Plant and Outfall Sewer will be awarded by competitive bidding as required by Iowa law and the Federal Construction Grant Regulations. The construction contracts will not be awarded until IDEQ and EPA have approved the plans and specifications and a Step 3 grant for the construction of these facilities has been awarded by IDEQ and EPA. CITY OF IOWA CITY,_ IOWA 1980 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1 ATTACHMENT 5 STATEMENT It is planned that monthly requests will be made for partial grant payments following the date of acceptance of the grant offer in accordance with the following schedule: Days After Date of Acceptance of Grant Offer Amount 60 90 $ 64,800 120 64,800 150 64,800 180 64,800 210 64,800 240 64,800 270 64,800 300 64,800 330 64,800 360 64,800 390 64,800 420 64,800 450 64,800 480 64,800 510 64,800 540 64,800 570 64,800 600 64,800 630 64,800 660 64,800 690 64,800 176,700 / 51,537,500 'APR 3 0 1980 , 1980 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES ATTACHMENT 6 ASSURANCE WITH RESPECT TO REAL PROPERTY ACQUISITION OF TITLE III OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICITES ACT OF 1970 The City of Iowa City, Iowa, hereby assures that it has authority under applicable state and local law to comply with Section 210 of the Federal Act entitled "The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970," approved January 2, 1971 (Public Law 91-646, gist Cong. 5.1, 84 Stat. 1894) and certifies, assures, and agrees that, notwithstanding any other provision set forth in any application, contract, or agreement with respect to the application identified as No. 190830 03: It will fully comly with the requirements of Subpart F of 40 CFR 4; It will adequately inform the public of the acquisition policies requirements, and payments which apply to the project; It will make every reasonable effort to acquire real property expeditiously through negotiation; Before the initiation of negotiations it will have the real property appraised and give the owner or his representative an opportunity to accompany the appraiser during inspection of the property; Before the initiation of negotiations it will establish an amount which it believes to be just compensation for the real property, and make a prompt offer to acquire the property for that amount; and at the same time it will provide the owner a written statement of the basis for such amount in accordance with 40 CFR 4.602. Before requiring any owner to surrender possession of real property it will pay the agreed purchase price; or deposit with the court, for the benefit of the owner, an amount not less than the approved appraisal of the fair market value of the property; or pay the amount of the award of .compensation in a condemnation proceeding for the property.. If interest in real property is to be acquired by exercise of the power of eminent domain, it will institute formal condemnation proceedings and not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property; and It will offer to uiition of of aproperty would gleave uire tits he eowner ntire witheanyuneconoif micsremnant. only part References .to 40 CFR are citations to Title 40, Code of Federal Regulations, Part 4, published in the Federal Register Vol. 39, No. 54, March 19, 1974. -1- MICROFILMED BY JORM MIC R+L A13 CEDAR RAPIDS • DES MOINES C_ r,y This document is hereby made part of and incorporated in any contracts or agreement, or any supplements and amendments thereto, relating to the above -identified application and shall be deemed to supersede any provisions therein to the extent that such provisions conflict with the assurance or agreements provided herein. CITY OF IOWA CITY IOWA By G Authorized Representative A _Z_ MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I: 1 i I i This document is hereby made part of and incorporated in any contracts or agreement, or any supplements and amendments thereto, relating to the above -identified application and shall be deemed to supersede any provisions therein to the extent that such provisions conflict with the assurance or agreements provided herein. CITY OF IOWA CITY IOWA By G Authorized Representative A _Z_ MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I: COM M[XCI o _ (6 CIVIC CEM EA. 410E. wASNIuGTON 5T. IOWA CITY, IOWA slim i � y 3I935I-111pp . IOWA CRT, IOWb Mr. Allan S. Abramson Water Division Environmental Protection Agency 1735 Baltimore Kansas City, Missouri 64108 Dear Mr. Abramson: Reference is made to our pending grant application number C190830 03. We have reviewed the regulations pertaining to user charge, industrial cost recovery and sewer use ordinance provisions of the FWPCA as amended by the Clean Water Act of 1977 (Public Law 95-217), and hereby give notice that the City of Iowa City, Iowa, intends to comply with the regulations as published in 40 CFR 39.900-35.960, Federal Register Volume 39, No. 29, dated February 11, 1974, as well as those additions and revisions in Federal Register Volume 43, No. 80; dated April 25, 1978. Sincerely yours, Authorized Representative MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS / DES MOINES b F UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ASSURANCE OF COMPLIANCE FOR TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND SECTION 13 OF THE FWPCA AMENDMENTS OF 1972 NAME AND called ASSU City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 %NT IDENTIFICATIOI be eornplewd by EPAI ❑DEMONSTRATION MOTHER 15pecity): E�A{CK ONE: INNEW REQUESTED s1,537,500 ❑RESEARCH ❑TRAINING ❑CONTINUATION HEREBY AGREES THAT IT will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88.3511) and all requirements of the U.S. Environmental Protection Agency (hereinafter called "EPA') issued pursuant to that title, to the end that in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Assuror receives financial assistance from EPA and hereby gives assurance that it will now and hereafter take all necessary measures to effectuate this agreement. HEREBY AGREES THAT IT will comply with all applicable requirements of Section 13 of the Federal Water Pollution Control Act Amendments of 1972 (P.L.92.500) and all requirements of EPA issued pursuant to that section, to the end that in accordance with that section of that Act, no person in the United States shall, on the ground of sex be excluded front participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity under the said Federal Water Pollution Control Act Amendments for which the Assuror receives financial assistance from EPA and hereby gives assurance that it wOl now and hereafter lake all necessary measures to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of financial assistance extended to the Assuror by EPA, this Assurance obligates the Assuror, or, in the case of any transfer of such property, any transferee for the period during which the real property or structure is used for a purpose involving the provisions of similar services or benefits. If any personal property is so provided, this Assurance obligates the Assuror for the period during which it retains ownership or possession of the properly. In all other cases, this Assurance obligates the Assuror for the period during which the financial assistance is extended to it by EPA. THE ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property discounts or other financial assistance extended after the dale hereof to the Assuror by EPA including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Assuror recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this Assurance and that the United Slates shall reserve the right to seckjudicial enforcement of this Assurance. This Assurance is binding on the Assuror, its successors, transferees, and assignees, and the person or persons whose signature uppear below are authorized to sign this Assurance on behalf of the Assuror. The obligations assumed by the Assuror hereunder are in addition to any obligations which may be imposed on the Assuror by any applicable regulation now outstanding or which may hereafter be adopted by EPA to effectuate any provision or goal of the said Title VI and all applicable requirements of the said Section 13, and no part of this Assurance shall be read so as to in any way detract from or modify any Abligalion which may be imposed on the Assuror by any such regulation standing alone. S� ATU OFA NOR BY PRE IDEN SRMAN OF BOARD OR COMPARABLE AUTHORIZED DATE OFFI Neal G. Berlin Authorized Representative EP Fo,T A)00 -I PREVIOUS EOIIION IS OPSOLETE MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES U.S. ENVINGNAACH'TAL PROTECTION AGENCY i i COMPLIANCE REPORT I�bffl ,A;inron•d (TI:IL' VI, CiYiI Rights Act Df 196.1 Pnd Section 13, Fr&r.l 0:.1;3 ::4. I5E—ROOIl1 I W:Ncr POIIBt1OD CanlrDl Acl, As Amcn4c J) NOTE: :'i: AD INSTRUCTIONS ON REVERSE UCFORE COMPLETING FORM. A. APPLICANT (A:.mr nuJ SARC) U. PHOIECT 110. CITY OF IOWA CITY, IOWA C190830 03 I • IF iNTIAE POPUL+T 1011 IN THE APPLICANT'S JURISDICTION IS SERVED NO'.Y BY TREATMENT SYSTEM OR WILL BE UPON COMPLE- TION OF PROPOSED EPA GRANT PROJECT AND ON-GOING ASSOCIATED CONSTRUCTION. CHECK HERE ® , OI. COMPLETE THE FOLLOWING OA'L)' IF ABOVE BLOCK IS NOT CHECKED A. SUBMIT A NAP 141CH DELINEATES THE APPLICANT'S: 1. LEOGNAPNICAL JURISDICTION FOR PROVISION OF 1NEATMENT SYSTEM SERVICE: J. EVSTING TRCATIAENC SYSTEM COVERAGE: - . COVSTNUCTIO.1 F-OVOSCO UNOEP EPA GRANT PROJECT AND ANY ON.nOING ASSOCIATED CONSTRUCTION: J. AREAS OF PLANNED FUTURE TREATMENT SYSTEM CONSTRUCTION. i•. COMPLETE THE TABLE BELOW. 1• 2. S' AUDI IAL vLPUL ATION PRESENT POPULATION POPULATION PEI.( AI NIN4 TO CF. POPV. ATIOII CAtEGORY POPULATION PAC SET.TLY TO BE SERVED ERVED AFCADV I'PS OF APPLIC ANL SEPVED THIS PROJECT ROJEC' IS CCI�HL ETC_ I — ,I. PICA•, .ROI AN ! FIE. FILIPINO. JAPANESE bO'PL ACn •:ISr J!!SC ENT TOTAL iGIVE THE SCHEDULE FOR FUTURE CONSTRUCTION BY WHICH TREATMENT SYSTEM, SERVICE WILL BE PROVIDED TO ALL INFIAO;- TANTS'AITHIN APPLICANT'S JURISDICTION. 1 Cl. IS ANOTHER FEDERAL AGENCY BEING ASKED TO PROVIDE FINANCIAL ASSISTANCE TO ANY CONSTRUCTION ASSOCIATED WITH THIS PROJECT} (-IYEF 11110 1. Ir',CS- LIST THE OTHER FEDERAL AGENCYISI I 2. DESCRIDE THE AS5OCIATCO"ORK 1 CERTIFICATION 1 n•ru N• 1 the 1 r :m un Elvrn n Il true and rurrrrl 1. Ihr Nn1 1 mY LRawIrJEe o1 Ldld, (A willlullr Lith. Alnlemem b nmuAlr. r lu U.S. CWe 7itl Seulan IOOUYO A. SIGt I AE UT I 'D - -IC 0. TITLE OF AUT N0RI2ED OF FIGIAL T 1�•8 City Manager i FOR U.S. ENVIRONMENTAL PROTECTION AGE14CY _ DIRECTOR, DFVISION OF CIVIL RIGHT AN URBAO i AIR$,'— DATE �IAPPROVED 11DISAPPROVED EPA FP,m1700_4(4_7: PCPLACES EPA FO,M., FnPCA.T1J51A.$-$ .'..C- 15 OBSOLETE MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS a DES MOINES m 1 i j i WZOLUTICU NO. 80 -SS I I SOIa77IOv Al7I}l�RIEItG EX/I'ICN OF AMENDMENT TO CONTRACT WITH VEENSTRA AND KIMM IVNEFEMY the Cit of 10"r" City, 7o a, hna negotiated an amendment to I a contract with Veenstra 8 Kinin being attac to s Resp ut on a copy of said amen men and s reference made a'pa—ft rleo � wiffU AS, the City Council deems it in the into said amendmend enter to begin the design of the newbtrea treatment plant and j the outfall Sevier connecting the existing plant to the proposed plant, subject to IDEQ and EPA approval. NOW, THEREFORE, BE IT RESOLVED BY 'RIE CITY CCUWIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the inc UAMQnt with Veenstra 1,, Y,inrn 2. That the City Clerk shall furnish copies of said to any citizen requesting ate. It was awed by Neuhauser and seconded by Veve---rte_ Resolution be adopted, a' �n r scall there were: the AYES: NAYS: ABSENT: x BALMER ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 19th day of February1 9 80 n 0-/ /" - ATIEST: Clerk MICROFILMED DY JORM MICR�L AB ii CEDAR RAPIDS • DES MOINES RCC^IVej Ey T1,= L:Oal D_p;;!M�n' f _ I y , � 1 WZOLUTICU NO. 80 -SS I I SOIa77IOv Al7I}l�RIEItG EX/I'ICN OF AMENDMENT TO CONTRACT WITH VEENSTRA AND KIMM IVNEFEMY the Cit of 10"r" City, 7o a, hna negotiated an amendment to I a contract with Veenstra 8 Kinin being attac to s Resp ut on a copy of said amen men and s reference made a'pa—ft rleo � wiffU AS, the City Council deems it in the into said amendmend enter to begin the design of the newbtrea treatment plant and j the outfall Sevier connecting the existing plant to the proposed plant, subject to IDEQ and EPA approval. NOW, THEREFORE, BE IT RESOLVED BY 'RIE CITY CCUWIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the inc UAMQnt with Veenstra 1,, Y,inrn 2. That the City Clerk shall furnish copies of said to any citizen requesting ate. It was awed by Neuhauser and seconded by Veve---rte_ Resolution be adopted, a' �n r scall there were: the AYES: NAYS: ABSENT: x BALMER ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 19th day of February1 9 80 n 0-/ /" - ATIEST: Clerk MICROFILMED DY JORM MICR�L AB ii CEDAR RAPIDS • DES MOINES RCC^IVej Ey T1,= L:Oal D_p;;!M�n' f _ I December 11, 1979 kew MICROFILMED BY JORM MICR+LAB ii CEDAR RAPIDS • DES MOINES Ms. Carol McNevin Grants Officer Water Division U.S. Environmental Protection Agency Region VII 324 East 11th Street Kansas City, Missouri 64106 and lets. Shirley Christofferson Construction Grants Section Iowa Department of Environmental Quality' Henry A. Wallace Building 900 East Grand Avenue Des Moines, Iowa 50319 IOWA CITY, IOWA SEWERAGE SYSTEM IMPROVEMENTS EPA PROJECT NO. C190830 03 STEP 2 ENGINEERING AND RELATED SERVICES We have completed the Addendum to the Facility Plan for Iowa City which was made necessary by a change in water quality standards for the Iowa River. The addendum has been submitted to the City and has been approved by the Iowa City staff. It is now in final printing and will be available for submission to the regulatory agencies within the next flew days. The City wishes to proceed immediately with the design, preparation of plans and specifications and other Step 2 engineering and relatpd services for the ne:•1 water pollution control plant and the outfall sewer. Since the cost of the Step 2 services exceeds 5100,000 we are submitting documentation for Step 2 services to the regulatory agencies for pre -approval at this time. A copy is being sent to the City of Iona City for its review and approval concurrently with yours. kew MICROFILMED BY JORM MICR+LAB ii CEDAR RAPIDS • DES MOINES Ms. Carol McNevin Ms. Shirley Christoffersen December 11, 1979 Page 2 Enclosed herewith are the following documents for your review and approval: 1. The Sixth Amendment to our agreerlent with the City of Iowa City Aieh sets forth eight specific work tasks to be included in Step 2 engineering and related services. These are applicable to thewater pollution control plant and outfall sewer only. The amendment Ify be further amended at a later.date to include other improvements recommended in the Facility Plan. 2. EPA Forms 5700-41 for each of the work tasks set forth in the Sixth Amendment. In addition to the 5700-41s, we have included a copy of our computations relative to engineering fees and amounts of subcontracts proposed. 3. A copy of the current edition of Appendix C-1 is attached to the Sixth Amendr.Ient. 4. Pages 1, 8 and 10 of 16 of EPA Form 5700-32 - Application for Federal Assistance. 5. A copy of. EPA Fom 4700-1 - Assurance of Coa;pliance for Title VI of the Civil Rights Act of 1964 and Section 13 of the FFIPCA IL-iendrents of 1312. 6. Statenent setting forth the anoints of ronthl-v requisitions to be filed with EPA throughout the course of the Step 2 services. Your early attention to the enclosed information is requested. As stated in a previous paragraph, the Addendum to the Facility Plan should be fo marded to you within the next few days. Should you have questions regarding the enclosed material, please contact us at 515-225-0^.00. VEUNSTRA A KIMM J. W. Kirna Jon: p. 600-12 cc: fir. Eunenr- A. Neu MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES LIFO SIXTH AMENDMENT TO AGREEMENT WHEREAS, the City of Iowa City, hereinafter referred to as the City, entered into an agreement dated March 4, 1975, with Veenstra & Kimm, 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 amended, and as further amended by the Clean Water Act of 1977 (Public Law 95-217), and WHEREAS, the parties hereto executed the original agreement and amendments thereto, dated June 10; 1975, May 10, 1977, August 23, 1977, May 12, 1978, and June 13, 1979, hereinafter referred to collectively as the Agreement, providing for the engagement of the Consultant for services directed toward completion of a Facility Plan, including an Infiltration/Inflow Analysis, a Sewer System Evaluation Survey and a Complete Waste Treatment System Plan, all of which comprise said Facility Plan; and WHEREAS, said Facility Plan has now been completed in accordance with current water quality standards and effluent limitations, and WHEREAS, said Facility Plan has been reviewed by the City and submitted to the Iowa Department of Environmental Quality (IDEQ) and the U.S. Environmental Protection Agency (EPA) for review and approval, and WHEREAS, said Facility Plan includes recommendations for a new water pollution control plant, a new outfall sewer, sewer system rehabilitation work and new trunk and interceptor sewers, and WHEREAS, it is timely for the City to proceed with the design and preparation of plans and specifications for the water pollution control plant and the outfall sewer, and such other improvements set forth in the Facility Plan which may be included by amendment, and WHEREAS, the City desires to make application and receive a Step 2 (Design) federal grant from EPA to fund seventy-five percent (75%) of the engineering and related fees for the design, preparation of plans and specifications and related services for the water pollution control plant and outfall sewer, and for other improvements set forth in the Facility Plan as may be added by amendment, and WHEREAS, the City desires to engage the services of the Consultant for the following Step 2 (Design) services: 1. Design and preparation of plans and specifications, 2. Preparation of a preliminary plan of operation in accordance with Program Requirements Memorandum 7177-3 of the EPA Construction Grants Program, 3. Arrangement for subsurface soils investigations of the plant site and along the route of the outfall sewer to be undertaken by a reputable soils testing firm under the direction of the Consultant, -I- MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES 4. Arrange for, by subcontract, a value engineering analysis performed in accordance with 40 CFR 35.926, by an independent firm experienced in value engineering analyses, of the design of the water pollution control plant and excluding the interceptor and collector sewers, 5. Redevelop and modify the City's user charge system, as necessary (40 CFR 35.929-1 through 35.929-3) on the then current financial requirements during preparation of plans and specifications, 6. Assist, as required, in the development of a sewer use ordinance as required by 40 CFR 35.927-4, 7. Development of an industrial cost recovery system, if required, as set forth in 40 CFR 35.928, 35.928-1, 2, 3, 4 and 5, and 35.935-13. 8. Development of an approvable, municipal pretreatment program which shall be in accordance with 40 CFR Part 403 - General Pretreatment Regulations for Existing and New Sources of Pollution published in the Federal Register, Volume 44, No. 210 - Monday, October 29, 1979, and WHEREAS, said Step 2 (Design) services shall be considered complete and finished upon the date of award of construction contracts and shall exclude any services beyond that date for general services during construction, resident review and construction staking, final plan of operation, plant startup and operator training and any other services normally associated with .the Step 3 (Construction) phase and not specifically included herein. NOW, THEREFORE, it is hereby agreed by and between the parties to the Agreement that said Agreement is amended by adding the following paragraphs and subparagraphs relative to engineering and related services during the Step 2 (Design) phase. "GENERAL 1. It is understood and agreed that the project referred to herein shall include the new water pollution control plant and outfall sewer described in the aforementioned Facility Plan, and in accordance with any addenda and/or amendments to said Facility Plan. It is further understood agreed t ehthe sof hicct may modified bymutualageementofthepartesherretotonludesewer system rehabilitation work, new trunk and interceptor sewers, in accordance with the rehabilitation work, and new trunk and interceptor sewers recommended in said Facility Plan, or other related improvements. 2. The Consultant shall prepare the application and supporting documents for the Step 2 grant and shall prepare all reports and requisitions for payment required by the regulatory agencies relative thereto. Said grant is intended to fund seventy-five percent (75%) of the cost of the engineering and related services concurrent with progress toward completion of Step 2 work on the project. -2- MICROFILMED BY a JORM MICR+LAU CEDAR RAPIDS • DES MOINES i 4. Arrange for, by subcontract, a value engineering analysis performed in accordance with 40 CFR 35.926, by an independent firm experienced in value engineering analyses, of the design of the water pollution control plant and excluding the interceptor and collector sewers, 5. Redevelop and modify the City's user charge system, as necessary (40 CFR 35.929-1 through 35.929-3) on the then current financial requirements during preparation of plans and specifications, 6. Assist, as required, in the development of a sewer use ordinance as required by 40 CFR 35.927-4, 7. Development of an industrial cost recovery system, if required, as set forth in 40 CFR 35.928, 35.928-1, 2, 3, 4 and 5, and 35.935-13. 8. Development of an approvable, municipal pretreatment program which shall be in accordance with 40 CFR Part 403 - General Pretreatment Regulations for Existing and New Sources of Pollution published in the Federal Register, Volume 44, No. 210 - Monday, October 29, 1979, and WHEREAS, said Step 2 (Design) services shall be considered complete and finished upon the date of award of construction contracts and shall exclude any services beyond that date for general services during construction, resident review and construction staking, final plan of operation, plant startup and operator training and any other services normally associated with .the Step 3 (Construction) phase and not specifically included herein. NOW, THEREFORE, it is hereby agreed by and between the parties to the Agreement that said Agreement is amended by adding the following paragraphs and subparagraphs relative to engineering and related services during the Step 2 (Design) phase. "GENERAL 1. It is understood and agreed that the project referred to herein shall include the new water pollution control plant and outfall sewer described in the aforementioned Facility Plan, and in accordance with any addenda and/or amendments to said Facility Plan. It is further understood agreed t ehthe sof hicct may modified bymutualageementofthepartesherretotonludesewer system rehabilitation work, new trunk and interceptor sewers, in accordance with the rehabilitation work, and new trunk and interceptor sewers recommended in said Facility Plan, or other related improvements. 2. The Consultant shall prepare the application and supporting documents for the Step 2 grant and shall prepare all reports and requisitions for payment required by the regulatory agencies relative thereto. Said grant is intended to fund seventy-five percent (75%) of the cost of the engineering and related services concurrent with progress toward completion of Step 2 work on the project. -2- MICROFILMED BY a JORM MICR+LAU CEDAR RAPIDS • DES MOINES It is understood and agreed that the Consultant shall not proceed with the design of, or preparation of plans and specifications and the preliminary plan of operation, or any other work on the project, until the EPA Step 2 grant offer is accepted by the City and the City issues written notice to the Consultant to proceed with Step 2 services. STEP 2 (DESIGN) GRANT SERVICES 1. Design and Plans and Specifications The Consultant shall perform the following specific services relative to design of the improvements, preparation of plans and specifications and other work necessary for advertising for and taking of bids and awarding of contracts for the Project: a. Conduct design surveys in the field, including information relative to line, grade, topography and other features as are necessary for the design and preparation of plans and specifications for the Project. Design surveys do not include surveys for acquisition of land, easements and rights-of-way. b. Prepare such detailed plans and specifications as are reasonably necessary and desirable for construction of the Project. The specifications shall describe, in detail, the work to be done, the materials to be used and the construction methods to be followed. The plans and specifications shall comply with the requirements of the state and federal regulatory agencies for projects of this type. Plans and specifications shall be submitted to the City and to the regulatory agencies (IDEQ and EPA) for review and approval. The plans and specifications shall be considered complete upon approval by IDEQ and EPA. c. The Consultant shall prepare the outfall sewer plans at a scale of 1"=20' wherever necessary for clarity. This scale shall be used for the plans in the vicinity of the existing water pollution control plant, the crossing of U.S. Highway 6 Bypass, adjacent to the marina on the Iowa River and at other locations mutually agreed upon by the City and the Consultant. The Consultant shall prepare a site plan of the water pollution control plant at such a scale to fit on a 24" x 36" reproducible mylar. During the design period, the Consultant shall provide the City with three sets of plans for review at the completion of each phase of the Project. Determination of phases shall be by mutual agreement of the City and the Consultant based upon a pre -design conference to be held in the offices of the City. In addition, the Consultant shall furnish plans and computations on timely bases for review of structural and other applicable design for compliance with the Uniform Building Code. It is understood that this review or reviews will be accomplished by .the City or such agency as it may designate. It is understood and agreed that any charges made by the reviewing agency will be paid by the City. -3- MICROFILMED BY JORM MICR+LAB Y CEDAR RAPIDS • DES MOINES The Consultant shall, in the preparation of plans and specifications of the water pollution control plant, adopt such designs that are cost-effective and that optimize the conservation of energy, manpower and natural resources through automation of the plant operations and the use of innovative technology. Upon completon of the plans and specifications and approval of same by all regulatory agencies, the Consultant shall furnish the City with three sets of approved plans and specifications. If requested by the City, the Consultant shall furnish to the City a reproducible mylar of each contract drawing. It is understood that these mylars are in addition to those which will be furnished to show as -built construction following completion of Step 3 construction not provided for in this Amendment. d. Assist the City in the preparation of notice to contractors and provide plans and specifications for prospective bidders. e. Have a representative present when bids are opened and prepare a tabulation of bids for the City and advise 'the City in making awards subject to approval of the regulatory agencies. Following proposal of awards by the City, assist in the preparation of the necessary construction contract documents and secure approval of the regulatory agencies for the City to make final award. f. Cooperate with an attorney provided by the City; comply with all local, state and federal regulations. g. The Step 2 grant services under this item shall be considered complete and finished on the day that the City finally awards construction contracts for the project. h. Complete the design and preparation of the plans and specifications, but not the advertising for bids and award of contracts, within six hundred forty (640) calendar days after the City accepts an EPA Step 2 grant offer and issues written notice to proceed to the Consultant to proceed with the services set forth herein. 2. Preliminary Plan of Operation The Consultant shall perform the following specific services relative to a preliminary plan of operation: a. Describe the existing treatment and outfall sewer facilities and the need for the new construction; set forth a brief description of the major components of the new construction. b. Enumerate the operational needs for the new system. c. Organize the needs and establish target dates for the starting and completing of necessary actions to meet the needs. -4- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES { The Consultant shall, in the preparation of plans and specifications of the water pollution control plant, adopt such designs that are cost-effective and that optimize the conservation of energy, manpower and natural resources through automation of the plant operations and the use of innovative technology. Upon completon of the plans and specifications and approval of same by all regulatory agencies, the Consultant shall furnish the City with three sets of approved plans and specifications. If requested by the City, the Consultant shall furnish to the City a reproducible mylar of each contract drawing. It is understood that these mylars are in addition to those which will be furnished to show as -built construction following completion of Step 3 construction not provided for in this Amendment. d. Assist the City in the preparation of notice to contractors and provide plans and specifications for prospective bidders. e. Have a representative present when bids are opened and prepare a tabulation of bids for the City and advise 'the City in making awards subject to approval of the regulatory agencies. Following proposal of awards by the City, assist in the preparation of the necessary construction contract documents and secure approval of the regulatory agencies for the City to make final award. f. Cooperate with an attorney provided by the City; comply with all local, state and federal regulations. g. The Step 2 grant services under this item shall be considered complete and finished on the day that the City finally awards construction contracts for the project. h. Complete the design and preparation of the plans and specifications, but not the advertising for bids and award of contracts, within six hundred forty (640) calendar days after the City accepts an EPA Step 2 grant offer and issues written notice to proceed to the Consultant to proceed with the services set forth herein. 2. Preliminary Plan of Operation The Consultant shall perform the following specific services relative to a preliminary plan of operation: a. Describe the existing treatment and outfall sewer facilities and the need for the new construction; set forth a brief description of the major components of the new construction. b. Enumerate the operational needs for the new system. c. Organize the needs and establish target dates for the starting and completing of necessary actions to meet the needs. -4- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 d. Set forth a guide for preparation of a plan of operation to be completed during the Step 3 phase of the Project. e. Set forth start and completion dates for major components including staffing and training; reports, records, laboratory control; process control and startup; safety; emergency operating plan; maintenance management; operation and maintenance manual; operation budget; and I ordinances and reports. f. The preliminary plan of operation will be completed concurrently with j the plans and specifications. I 3. Subsurface Soils Investigations The Consultant shall engage the services of a reputable soils testing firm to perform subsurface soils investigations at the plant site and along the route of the outfall sewer. The Consultant shall provide suitable maps and drawings showing the locations of the various soil borings and will stake and mark such boring locations in the field. The Consultant shall also provide supervision and administration of the soils investigations as required for proper execution of the work. Subsurface soils investigations shall include the following: a. Provide soil borings along the route of the outfall Sevier to show soil descriptions at various depths of bore, elevations of water table and rock profile. Summarize the results of the test borings in a written report. b. Provide test drilling and sampling at the water pollution control plant site using a helical -type power auger in accordance with procedures set forth in ASTM D1452; sample soils with split -spoon in accordance with ASTM D1586 and/or thin-wall Shelby tube in accordance with ASTM D1587. Conduct standard penetration tests at each hole in the field. c. Establish a soil profile of the site. d. Laboratory test representative samples for unconfined compressive strength, moisture content and sample dry weight densities; classify soil types by observation of auger cuttings and undisturbed samples. e. Establish bearing capacities and settlement characteristics for design of foundations. f. Provide soil borings in the area of the storm water retention pond to provide design information as to the suitability of the soils for lagoon construction, groundwater elevation and other pertinent information; provide recommendations as to any treatment necessary for sealing of bottom of lagoon. g. Provide for completion of soils investigation and written reports for timely completion of design and preparation of plans and specifications. -5- MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES I 4. Value Engineering Analysis The Consultant shall provide for a value engineering analysis in accordance with 40 CFR 35.926 and subcontract with an independent firm experienced in such analyses of the design of the water pollution control plant. The consultant shall provide for precoordination of the value L engineering activities; prepare a design 'outline for materials, equipment and processes proposed; provide a detailed cost estimate, by unit, early in the design and prior to VE workshops, provided for herein; prepare for and attend two VE workshops led by the subcontractor; provide review and response to the workshop findings; coordinate differences between proposed i design and workshop findings; attend meetings and conferences with the City and the subcontractor and prepare necessary correspondence. § The value engineering subcontractor shall provide the following services to the Consultant: q ' a. Conduct a VE analysis for cost control and protection of financial resources relative to the design and construction of the water pollution control plant portion of the Project. b. Conduct two VE workshops, one at 20-25% completion of the plans and specifications and the other at 50-60% completion, each designed to evaluate unit processes, site arrangements and approaches to specific design areas. It is understood that the second workshop will involve greater detail than the first and will be directed toward specific design aspects including piping, equipment, electrical, structural and heating, ventilating and air-conditioning aspects. c. Prepare a written report fallowing each workshop to set forth those areas where cost savings can be realized without detriment to quality and reliability of the project. d. Provide oral presentations to the City, Consultant and regulatory agencies following each workshop. e. Coordinate implementation of the report recommendations with the City . and Consultant. ki f. The value engineering activities will be completed in a timely manner so as to permit completion of plans and specifications within the time set forth in 1.h. h 5. User Charge System The Consultant shall review the user charge system previously developed by the City for funding the operation and maintenance of the existing collection and treatment facilities. The Consultant shall recommend such changes, in coordination with the City's staff, as are necessary to N reflect the following: s _ -6- i i MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES 0 a. The increased cost of operation and maintenance for the new facilities. b. Funding of debt service costs for the new facilities. c. The annual funding requirement to provide for replacements of the new facilities. d. Any changes in requirements for user charges promulgated by IDEQ and/or EPA. e. The City may perform such computations and other services relative to user charge system as it deems proper. f. The Consultant shall complete the user charge system services concurrently with completion of the plans and specifications. 6. Sewer Use Ordinance The Consultant shall review the sewer use ordinance provided for in 40 CFR 35.927-4 and previously prepared by the City; the Consultant shall make such changes in said ordinance as may be directed by the City or by IDEQ and EPA. The City may perform such services relative to changes in the per. The Consultant shall complete the sewer use ordinance as it deems pro services regarding the sewer use ordinance concurrently with completion of the plans and specifications. 7. Industrial Cost Recovery System -:, The Consultant shall develop an industrial cost recovery system provided for in 40 CFR 35.928, as follows: a. Determine the industrial users in accordance with 40 CFR 35.905. N b. Calculate industrial users' share of costs based on factors significantly affecting the cost of the treatment works. lol c. Determine the industrial cost recovery period. d. Determine frequency of payments by industries affected by the industrial cost recovery system. e. Provide for and calculate, if any,. additional payments for total rial wastes in the treatment works. reserve capacity for indust f. The industrial cost recovery system shall be developed by the Consultant concurrently with completion of the plans and specifications. MICROFILMED BY a JORM MICR+LAB CEDAR RAPIDS • DES MOINES D. Pretreatment Program The Consultant shall develop a pretreatment program consistent with 40 CFR 403 which shall include the following: a. Perform an industrial survey, including identification of system users, the character and volume of pollutant discharge, type of industry and location. b. Evaluation of legal authority, including adequacy of enabling legislation in selection of mechanism, to be used for enforcement of a pretreatment program. c. Evaluation of financial programs and other revenue sources to insure adequate funding to carry out the pretreatment program. d. Determination and development of technical information necessary to support the drafting of a control document for enforcement of pretreatment standards. e. Design of a monitoring enforcement program. f. Determination of pollutant removals by the treatment facilities. g. Determination of the costs for pollutants entering the treatment works which interfere with the operation of equipment for sludge processing or disposal. h. Determination of required monitoring equipment for the treatment facilities. i. Determination of municipal facilities to be constructed for monitoring and analysis of industrial wastes. j. The Consultant shall provide for laboratory analyses of wastewater sludge samples as required by Schedule R2A of the Treatment Facility Construction Permit Application of IDEQ. The Consultant shall arrange for collection of the wastewater sludge samples, transporting of the collected samples to a laboratory and the laboratory analysis required. k. The Consultant shall complete the work for the pretreatment program concurrently with completion of the plans and specifications. The EPA rules and regulations at the time of preparation of this Amendment are tentative. It is understood and. agreed that in the event rules and regulations are changed in the future, the scope of services and compensation for the work set forth herein may be modified, as mutually agreeable to the parties hereto, to suit the then current rules and regulations. -D- MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS • DES MOINES I SPECIAL CONDITIONS '-1 The following special conditions shall apply to this Amendment: 1. The Consultant shall subcontract for not less than five percent (5%) of the fees for services under this Amendment to a Minority Business Enterprise (MBE) capable of performing such services. Said services may include field and design surveys, design computations and/or preparation of plans for the outfall sewer or the water pollution control plant. The subcontract and the utilization of the 146E shall be ! in accordance with the provisions of 40 CFR 35.936-7 and the constructions grants notice of EPA Region VII of March 21, 1979, ! entitled IMPLEMENTATION OF POLICY FOR INCREASED USE OF MINORITY CONSULTANTS AND CONSTRUCTION CONTRACTORS. 2. 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 disabilty unless such disability is related to job performance of such person or employee. b. To discriminate against any individual in terns, conditions or privileges of employment 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. 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. -9- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 7. The Consultant shall provide special services upon written request of the City. Said services shall include land surveys, computations and legal descriptions as are required to permit the City to purchase land and/or acquire easements and rights-of-way for construction and any other special services the City may request. It is understood that such special services are generally not eligible for grant participation. It is understood and agreed that the Consultant shall bill the City separately for these special services on the same basis as provided for herein for other services and that the City shall pay for the services as herein specified for other services provided for in this Amendment. 8. 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. 9. This Amendment, and each and every portion thereof, shall be binding upon the successors and assigns of the parties hereto. COMPENSATION FOR STEP 2 SERVICES I. The City shall compensate the Consultant for the work performed under Step 2 (Design) services based upon 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. The actual cost and the fixed fee for each component of the work to be done shall be as shown hereinafter. 2. Should the scope of the work, as defined herein and on the grant application, change and require the costs of performing the work to exceed the amounts shown herein, a further amendment shall be negotiated between the parties hereto and must be approved by grant amendment issued by EPA before such change in costs be approved and authorized by the City. -10- MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES i. The Consultant shall submit monthly invoices proportional to total project services 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. Invoices shall be itemized against each of the eight (8) tasks in this Amendment and for special services. 4. Final payment will be made based on actual work accomplished, subject to the conditions set forth herein, and written notice by the Consultant to the City of completion of the services for the Project. 5. The fees of the Consultant shall be based on the costs of (1) Direct j Labor Cost, (2) Indirect Costs, which constitute allowable overhead, (3) { other Direct Costs, which constitute expenses of the Consultant, and (4) a Fixed Fee which is a percentage of the sum of (1), (2) and (3). For ? purposes of this Amendment, it is understood and agreed that the Indirect Costs (overhead) have been established at one hundred fifty percent (150%)of direct labor. It is further understood and agreed by c the -parties hereto that the ratio of 1500. is subject to upward or downward adjustment during the course of the Project, or after Project completion, depending upon the results of an audit, or audits, of the operations of the Consultant by the Audit Division of EPA, Region VII. P Following such audit, or audits, the fees paid, or to be paid, will be adjusted accordingly. P GThe purposes of fee computations, the term Direct Labor Cost shall refer to the actual hourly wages, including hourly overtime Mages, 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, 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 shorn 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 partners' life insurance. -11- MICROFILMED BY JORM MIC R+LA13 CEDAR RAPIDS • DES MOINES 11 6. The maximum actual costs and the fixed fees for each component of the services set forth herein and as shown on Forms 5700-41, with attachments, shall be as follows: MICROFILMED BY JORM MICRl�1LA13 CEDAR RAPIDS • DES MOINES a. For design and plans and specifications for the water pollution control plant, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, but excluding the fixed fee, is One Million, Three Hundred Forty-eight Thousand, Eight ' Hundred Seventy Dollars (51,348,870). The fixed fee for design and plans and specifications for the water pollution control plant is Two Hundred Thirty-six Thousand, One Hundred Thirty Dollars (5236,130). i b. For design and plans and specifications for the outfall sewer, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, including a subcontract, but excluding the fixed fee, is One Hundred Eighty-eight Thousand, Four I Hundred Twenty-five Dollars ($188,425). The fixed fee for design and 3' plans and specifications for the outfall sewer is Eighteen Thousand, ? Seventy-five Dollars ($18,075). t a y c. For the preliminary plan of operation, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, but excluding the fixed fee, is Two Thousand, Eight Hundred Fifty-eight Dollars (52,858). The fixed fee for the preliminary plan of operation is Five Hundred Two Dollars ($502). d. For soils investigations, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, including a subcontract, but excluding the fixed fee, shall be Nineteen Thousand, Ten Dollars (519,010). The fixed fee for soils investigations p, shall be Eight Hundred Ninety Dollars ($890). e. For value engineering for the water pollution control plant, the maximum amount chargeable for the actual costs incurred for Direct " Labor, Indirect Costs and other Direct Costs, including a subcontract, but excluding the fixed fee, shall be One Hundred Sixteen Thousand, 1' Three Hundred Fifty-two Dollars ($116,352). The fixed fee for value engineering shall be Ten Thousand, Two Hundred Forty-eight Dollars ($10,248). f. To redevelop and modify the user charge system, the maximum amount chargeable for the actual costs incurred for Direct Labor and Indirect Costs, but excluding the fixed fee, is Three Thousand, Two Hundred Ninety-seven Dollars (53,297). The fixed fee. for the user charge system is Five Hundred Seventy-three Dollars ($573). g. For the sewer use ordinance, the maximum amount chargeable for the actual costs incurred for Direct Labor and Indirect Costs, but excluding the fixed fee, is Two Thousand, Three Hundred Fifty-seven Dollars ($2,357). .The fixed fee for the sewer use ordinance is Four i I I Hundred Thirteen Dollars ($413). i i -12- MICROFILMED BY JORM MICRl�1LA13 CEDAR RAPIDS • DES MOINES h. For the industrial cost recovery system, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, but excluding the fixed fee, is Twenty-one Thousand, One Hundred Sixty Dollars ($21,160). The fixed fee for the industrial cost recovery system is Three Thousand, Six Hundred Forty Dollars ($3,640). i. For the pretreatment program, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, but excluding the fixed fee, is Twenty-three Thousand, Five Hundred Thirty-two Dollars ($23,532). The fixed fee for the pretreatment program is Four Thousand, Sixty-eight Dollars ($4,068). j. For all of the tasks set forth herein, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, including subcontracts, but excluding the fixed fee, shall be One Million, Seven Hundred Twenty-five Thousand, Eight Hundred Sixty-one Dollars ($1,725,861). The fixed fee for all of the tasks set forth herein is Two Hundred Seventy-four Thousand, Five Hundred Thirty-nine Dollars ($274,539)." The undersigned do hereby covenant and state that this Amendment is executed in triplicate as though each were an original and that there are no oral amendments or agreements which 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 instrument. Accepted this 4ze day of f,�.�i".. 1980. p CITY OF IOWA CITY, IOWA 7 ATTEST: or a% r� c y 8y— t ,ty er JL_ VEENSTRA & KIMH s Engince & Plann rs 1 1 ATTEST: y Partner 1y. e Head, L I e r c _...Department i -13- BY TH}: Ui ;hl. i MICROFILMED BY JORM MICR+LA9 ' CEDAR RAPIDS • DES MOINES 8 r , 1 u t } G p t 1 f AGREEMENT BETWEEN VEENSTRA AND KIMM AND STANLEY CONSULTANTS, INC. THIS AGREEMENT, made this day of , 1980, by and between VEENSTRA AND KIMM, hereinafter called the CONSULTANT and STANLEY CONSULTANTS, INC., of Muscatine, Iowa, a corporation organized and existing under the laws of the State of Iowa hereinafter called STANLEY. WITNESSETH: THAT, whereas the CONSULTANT is involved in the development of a program of water pollution control to comply with the requirements of State and Federal Water Pollution Control agencies for the City of Iowa City; and THAT, whereas the CONSULTANT has need of professional services in connection with the execution of a portion of its agreement pertaining to Value Engineering; NOW, THEREFORE, the CONSULTANT and STANLEY in consideration of the mutual covenants hereinafter set forth agree as follows: ARTICLE I - PROFESSIONAL SERVICES STANLEY agrees to furnish all services described in Exhibit A, herewith attached. ARTICLE II - COMPENSATION For services enumerated under Article I above, it is agreed between the parties that compensation will be on a "cost -plus -fixed -fee" basis. A. The estimated cost reimbursement is $54,068:00. The fixed fee established and collectible in accordance with this contract is $8,651.00. The maximum total compensation (cost -plus -fixed -fee) payable to STANLEY by the CONSULTANT under this Agreement shall be $62,719.00 B. Payment for services shall be due and made in two separate installments upon the submission of the written reports prepared subsequent to the two workshops defined in Exhibit A. I. Within 30 days following the submission of each of the referenced reports, STANLEY will submit to the CONSULTANT a written invoice describing project labor costs and reimbursable project costs and expenses. 2. On the CONSULTANT's acceptance of each of the above invoices, the CONSULTANT shall pay STANLEY the invoiced amount plus 50 percent of the agreed-upon fixed fee. If an invoice is not acceptable, the CONSULTANT shall promptly provide STANLEY a clear statement regarding its ineligibility or the deficiencies to be eliminated prior to acceptance and processing. Page 1 of 2 MICROFILMED BY -- JORM MICR+LAB CEDAR RAPIDS • DES MOINES i 1 i \� J j ARTICLE III - GENERAL TERMS AND CONDITIONS A. Exhibit B, herewith attached, and otherwise identified as U.S. EPA Appendix C-1, "Required Provisions - Consulting Engineering Agree- ments (Federal Register, Volume 43, No. 188 - Wednesday, September 27, 191 shall apply in its entirety to this Agreement except as modified and amplified by the following: 1. The terms "Drawings," "Designs," and "Specifications" as used in Exhibit B shall not apply to this Agreement due to the unique nature of a Value Engineering study. 2. Section 7 - Payment: Page 44092 - The payment schedule shall be as outlined in this Agreement. B. Exhibit C, herewith attached, and otherwise identified as EPA Form 5700-41 (2-76), "Cost or Price Summary Format for Subagreements Under U.S. EPA Grants" shall apply to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be -- executed by their duly authorized officers the day and year first above written. VEENSTRA AND KIMM <.• CONSULTING ENGINEER FOR THE CITY OF IOWA CITY, IOWA ATTEST: By: a By. STANLEY CONSULTANTS, INC. an Iowa Corporation 1 ATTEST: By: i �I Vice Pres dent By: w LDL1 13 v `t �_, Assistant Secretary 0 KMB:bc:9CS-115 (Revised 12/21/79) Attachments Page 2 of 2 A 1 MICROFILMED aY JORM MIC R;LA B CEDAR RAPIDS DES MOINES EXHIBIT A SCOPE OF SERVICES FOR AN AGREEMENT BETWEEN VEENSTRA AND KIMM AND STANLEY CONSULTANTS, INC. This Scope of Services pertains to the performance of Value Engineering Studies relative to the design of the Wastewater Treatment Plant for the City of Iowa City, Iowa. The studies willbe conducted ok forCinst cordance with i thPEPjeManual 430/9-76-008 Value Engineering MCD -29." The Study will basically consist of two workshops each followed by oral presentations to the CONSULTANT and representatives of their clieing fromnthenStudyerested regulatory agencies. Summaries and recommendations eWoitten report. will subsequently be incorporated into a preliminary l be performed during the Study are identified Specific work tasks which Wil as follows, in order of sequence: A. The Team Coordinator will gather, collect, and collate information er prior to Workshop No, I. This information winclude bylthea[ion of the Step I selected plan and preliminary CONSULTANT. B. Workshop No. 1 will be conducted at the approximate 20 to 25 percent design level and will be performed by the Team Coordinator (a mechanical/ construction engineer); a cost estimator; and one engineer each from the civil, HVAC, electrical, and structural disciplines. Mr. Larry W. Wilson is proposed as the imatelyCoordinator hoursfor andlwilloconsiderhunit workshop will last for app rox processes, site arrangements, and approaches to specific design areas. An oral presentation will be made to the CONSULTANT and other represen- tatives at the conclusion of the workshop. C. Additional information will be gathered by the team membersoand an interim written report reflecting the results of Workshop will be prepared and submitted to the CONSULTANT. .Senior engineers prior to its submittal. and consultants will review this information cted team D. implementation lofttheareporterecommendationsrlcoordinate h withtheCONSULTANTand representatives of the client. E. The Team and collate rdinatorwill nal fo�mationnsult wrequiredith the CpriorTtoTWorkshoplNo. gather. A - Page 1 of 2 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOIRES F. Workshop No. 2 will be conducted at the 50 to 60 percent approximate design level and will be staffed similarly to Workshop No. I. (With few exceptions, the same personnel will participate in both workshops.) This workshop will also last for approximately 40 hours and will consider the specific design aspects of the project (i.e., piping, equipment, HVAC, electrical, structural, etc.). Again, an oral presentation summarizing the results of the workshop will be made to the CONSULTANT and other representatives at the conclusion of the workshop. G. As specified in Item C above, a preliminary written report will be prepared summarizing the results of the VE Study and presenting recommendations. This report will be submitted to the CONSULTANT. H. As specified in Item D above, the preliminary report recommendations will be coordinated as necessary with the CONSULTANT. I. The team Project Manager will coordinate the overall administration of the project. A - Page 2 of 2 MICROFILMED BY JORM MIC:R�LAB CEDAR RAPIDS • DES IES I i i i EXHIBIT B RULES AND REGULATIONS MrranR C-1—RWpIRM PaOYlalGaa— ComsutrtNo ENGSXKMAG Ao xx tmees I. General 2. ResporulbilitY of the Engineer 3. Scope of Work ' e. Changes 5. Termination a. Remedies 7. Payment 8. Project Design 9. Audit: Aetew to Records lo. Price Reduction for Defective Cwt or Pricing Data 11. Subcontracts 17. labor Standards 13. Equal Employment Opportunity 11. Utilization of Small or Minority But - new 15. Covenant Against Contingent Fees 18. Gratuities 17. Patents IS, Copyrights and Rights In Data r. cxff t (a) The owner and the engineer agree that the following provlvlons apply to the EPA gre.nl-ellelble work to be performed under this agreement and that such provisions su- persede any conflicting provisions of this agreement. (b) The work under this agreement Is funded In part by a grant from the U.S. En- vironmental Protection Agency. Neither the UNted States nor the U.S. Environmental Protection Agency (hereinafter, "EPA") Is a party to this agreement. This agreement which coven grant -eligible work Is subject to regulaffom contained In 40 CFR 35.935, 35.937, and 35.939 in effect on the date of execution of this agreement. As used In these clauses, the words "the dale of execu- tion of this agreement" mean the date of execution of this agreement and any subse- quent modification of the tents. compemA- llon or scope of services pertinent to unper. formed work. (c) The owner's rights and remedies pro- vided In these clauses are In addition to any other rights and remedies provided by law or this agreement. 2. IMS"Nxrattfry or TIM ENm NeCg (a) The engineer shall be responslble for the profmional quality. technical accuracy. timely completion. and the coordination of all dealgns, drawings, aptelllcallom, reports. and other services furnished by the engi. neer under this agreement. The engineer shall. without additional eompem0011. cor- rect or revise any errors, omissions, or other defleleneies In his designs, drawingaJspeclfi- estlom, reports, and other services. fb) The engineer shall perform such pro. femlonal servjees w may be necessary to se- complish the work required to be performed under this agreement, in accordance with this agreement and applicable EPA require- ments In effect or. the date of execution of this agreement Cc) The owner's or ETA's approval of drawings, designs. epeclflratioos, reports, and incidental engineering work or materl- ab fumished hereunder &hall not In MY way relieve the engineer of rmpomlbllity for the technical adequacy of his work. Nei- ther the owner's not EPA's review, epprova) or acceptance of, nor payment for, any of the services shall be constrlred to operate IS a waiver of any rights under this agreement 44091 or of tray cause of action wising out of the perfornanee of this agreement. (d) The engineer shalt be and shall remdg liable. In accordance with appllcable taw, for W damages to the owner or EPA caused by the engineer's negligent performance of W of the services furnished under this agree, menl, except for emM coniWons or other deficiencies to the extent attributable to Ure owner, owner-fumtshed data or my third party. The engincer that] not be responsible for any time delays In the project caused by clecum+lentts beyond the englneeer's can - trot. Where Innovative procrases or tecb- niques (see 40 CFR 35.0081 are recommend- ed by the engineer and are used. the crrgl- neer shall be liable only for gravis negligence to the extent of such uae. s. Scope or we" The services to be performed by the engl• neer shall Include all services required to complete the task or Step In accordance with applicable EPA regulations 4e,0 CFA Part 35, Subpart E In effect on the date of execution of this agreement) to the extent of the aeope of work as defined and act out in the engineering servlees agreement to which these provisions are attached. t. CHANGES (a) The owner may, at any time, by Will - Len order, make changes wlthlq the general scope of this agreement In the services or work to be performed. If such changes rause an Increase or decrease In the engineer's cost of, ser time required for, performance of any services under this agreement, whether or not changed by any order, an equitable adjustment shall be made and this agree, menl shall be modified In writing sxording- ly. The engineer must assert MY claim for adjustment under this clause In writing within 30 days from the date of receipt by the engineer of the notification of change. unless the owner grants a further period of time before the date of final payment under this agreement: (b) No services for which an additional compensation will be charged by the rngi. neer shall be furnished without the written authorlmtlon of the owner. Cc) In the event that there U a modifies - Lion of EPA requirements misting to We services to be performed under lhh agree- ment after the date of execution of ON agreement, the inerr&v d or decreased eu::t of perfommcr of the services provided for In this agreement shall be renected In an appropriate modification of this agreement. s. era Ntnanop (a) Either party may terminate this agree- ment. In whole or In part. In writing. If the other party substantially fills to fulfill las obligations under this agreement through no fault of the Le mineting party. However. no such termination may be effectrd unless the other party b given (I) not less than ten (10) calendar days written notice (delivered by certified mall. return revelpl request.e(I) of Intent to terminate and (2) an nPPortunl- ty for consultation with the laminating party before termination. (b) The Domef may terminate this agree- ment. In whole or In part. In writing, for las convenience, if the terminslion 1s for ROCA cause (such as for legal or financial reasons. major changes in the work or program no- qulrementi, Initiation of a new step) and the engineer ts given (1) not less than ten 110) calendar days written notice (delivered by FE1XEAt NIGUTM VOL tt, NO. IU—WEDNESDAY, SEMMAIB 27, 1978 B - Page 1 of 3 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS a DES MOIRES 44092 certltted mW, return receipt requested) of Intent to terminate, and (y) an opportunity for consultation with the terminating party before termltutlon. (e) If the owner terminate for default, an equitable adjustment In the price provided fpr to Ilei agreement ahall be made, but (1) no amount shell be allowed for antldpated profit on unperformed servicce or other work. and (3) Pry payment due to the engi- neer at the time of Le minaUoo busy be d. )ueted to the extent of any additional costs the owner Inmos because of the ensitneer's delaWt If the engineer terminate for de. fault or U the owner terminates for wnven. lenne, the equitable adjustment &hall in. clude a reasonable profit for services or other work performed. The equitable d. juslment for spy termination shall provide for payment to the engineer for services rendered and expense Incurred before the termin&tlon In addition to termination act. Clement Cosa the engineer reasonably Inness relating to Commitments which had become firm before the termination. Id) Upon, recelpt of a termination action render paragraphs (a) or (b) above, the entil. neer shall 11) promptly diecontlnue W mr. vice affected funlm the notice direN oth. erwise), and (3) deliver or otherwise make available to the owner W data, drawings, specifltaWns, reports, etfmates, mummLr- tea and such other Worlmation and materl• ale r the eriglnear may have accumulated In performing this agreement, whether com. pletad or In procto. (e) Upon termination under paragraphs (a) or (b) above, the owner may take over the vont and prosecute the Same to wrap)& Elco by agreement with another puny or otberwlse. Any work the Darner take over for completion will be completed at the owner's risk, and the Creaser will hold harm. law the engineer from all clalms and dam• aryl uteing out of improper use of the enSi. DOW& work. if) If, after termination for (allure of the mrineer to WWII wntmassail obligations, It In determined that the engineer led not ao filled, the termbtatlon shall be deemed to here been effected for the conveniera of the owner. In such event, adhatment of the Prim provided for In this Lipmement &hall be Code as paragraph (e) of this elaux pro - rides. s. a =m Crorpt u this agreement otherwise Pro- rides, ro♦ides, W claims. counterelslms, disputes. and other matters In queUon between the owner and the engineer &ria W out of or re- lating to this agreement or the breach of It will be decided by LrNtnUon U the parties heeto mutually agree, or In a Court of Com- petent jurfadfcUou within the State In which the other Is )bested. 1. PAT1meT (a) Payment shall be made In accordance vlth the payment &chedule Incorporated In this &greement u soon u practicable upon submission of statements requetht{ Pay- ment by the engineer to the owner. If no such payment schedule Is Incorporated In this agreement, the payment provisions of paragraph Ib) of this clause shall apply. (b) The engineer may request monthly progress payments and the owner &hW eke them as sca o Sa prwcUob3c upon sub. mledoc of statements requesting payment by the engineer to the owner, When such peuirreae payments are made, the owner may RULES AND REGULATIONS withhold up to ten (10) percent of the vou. chered amount until Mtiafactory Completion by the engineer of work and services Within a step Bled for under this agreement. When the owner determine that the work under this agreement or any specified task hereunder Is substantially complet2 and that the amount of retained percentages Is In excess of the amount considered by him to be adequate for his protection, he shall release to the engineer such excess amount. fel No payment request made under pas #aph (a) or (b) of this clause &hall exceed 4e esttmated amount and value of the work d xrvloes performed by the englneer der this agreement. The engineer shall pare the etimatu of work performed Pt� d eheS supplement them with each mup- rting data as the owner may require. L ) pan satisfactory Completion of the v rformed under this agreement.as a condi n precedent to final payment under this agreement or to settlement upon terml- natlon of the agreement, the engineer shall execute and deliver to the owner a release of W claims against the owner "Ing under or by virtue o1 this agreement, other than such claims, U any, as they be specifically exempted by the engineer from the oper- ation of the release in stated amounts to be set forth therein. 1, "OJECT Dusan 'la) in the performance of this agreement, the engineer shall, to the extent practicable. Provide for maximum use of structures, ma. chines, products, materials, Construction methods, and equipment which are readily available through comPetltive procurement, or through standard or proven production technique, methods, and prooesses. consist. ent with 40 CPR 36.936-3 and 36.936-I3 In effect on the date of execution of this agree- ment, except to the extent to which Innova- tive technology may be used under 40 CFR 36,008 In effect on the date of execution of this agreement. (b) The engineer shall not. In the perform. an" of the work under this agreement, pro- duce a delm or specification which would require the use of structures, machines, products, materials. Construction methods, equipment, or processes which the engineer knows to be available only from a sole source, unless the enginmr,has adequately )ustifled the use of a sale source In writing. (c) The engineer shall not. In the perform. - are of the work under this agreement, pro- duce a design or specification which would be restrictive In violation of sec. 304(al(6) of the Clean Water Act. This statute requires that no specification for bids or statement of work &hW be written In suen a manner as to contain proprietary. exclusionary, or site. ertminatory requirements other than those based upon Perforromm. unlet such re- quirements are necessary, to teat or demon. strafe a specific thing, or to provide for Dec. wary Interchangeability of parts and equipment, or at least two brand names or trade names of comparable quality or utility are listed and are followed by the words "or. equal." With regard to materials, If a single material Is specified, the engineer must be prepared to sulnlantlate the buts for the aelectlon of the material. (d) The engineer shall report to the owner La salrsaurCo or revarictive design or specl. flutlon giving the reason or reasons why It Is nrctsasry to restrict the dealgn or mpecifl- c ation. (el The engineer shall not knowingly speclty, or approve the performance of work at a fullity which is In violation of clean air or water standards and which is listed by the Director of the EPA Office of Pederal Activities under 40 CFR Part 16. 9. AUDIT, ACCaM To RECORDS (a) The engtneer shall maintain books, records, documents, and other evidence Ell. redly pertinent to performance on EPA grant work under this aer"menl in amcord. ance with generally accepted Accounting principles and practice, Consistently ap. piled, and 40 CFR 30.006, 30.606, and 36.936- 7 In effect on the date of execution of this agreement. The engineer shall also main. taln the ftnmclal Information and data used by the engineer In the preparation or sup- port of the met subalulon required under 40 CFR 36.937.6(b) In effect on the date of execution of this agreement and a copy of the coat summary, submltted to the owner. The U.B. Environmental Protection Agency, the Comptroller General of the United States, the US. Department of Iabor, owner, and (the State Water pollution Dan. trol agency) or any of their duly authorized representative shall have access to such books, records, documenta, and other evi. dence for bapectlon, audit, and copying. The engineer will provide proper facilities for -such Access and Inspection. M The engineer agree to Include para. graphs (a) through (e) of this clause In all his contracts and W tier subcontracts dl- rectiy related to project performance that are In excess of $10.000. (c) Audit& conducted under this provision shall be In acmrdanx with generally se- cepted auditing standards and established procedures and gufdellnu of the reviewing or audit agency(lee). (d) The engtneer sgr'ee to the dbcluum of all Information and reports resulting from scow to records under paragraphs (a) and (b) of this clause, to any of the agencies referred In In paragraph (a), provided that the enalneer Is afforded the opportunity for an audit exit conference and an opportunity to Comment and submit any supporting doc- umentatton on the pertinent portions of the draft audit "port and that the final audit retort will Include written comments of rea- sonable length, if any, of the engineer. (e) The engineer shat) malnWn And make available records tinder paragnDha (9) 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 agreement. to litigation, to the settlement of claims arts. Ing out of Such PerfOITTIMM, or to &beta or Meme to which an audit exception has been taken, shall be maintalned and made avalla- ble until 3 years after the date of resolution of much appeal, litigation, claim, or excep. Mon. 10. PRICE AMUL71OR roe myRCtiy& COST OR PRICING DATA 17h(s clause is applicable U the amount o/ this oarermtnt Exceeds $100,000.) (s) It the owner or EPA determines that any prim, including profit, negotiated In Connection with this agretment or any cost relmbumble under this agreement was In. cmaned by Any significant Purse because the engineer many subcontractor furnished In. complete or Inaccurate Oat or pricing data PEDHW gEotsYEg, VOL s3, NO, M—WEDNESDAY, SEPFEMMI 17, 1478 B - Page 2 of 3 MICROrILMED BY JORM MICR+LAB CEDAR RAPIDS s DES MOINES W data oat current as certified In his certill. estlon ret current coat or pricing data (EPA form 3700-41). then such Prim. cost. or profit shall be reduced accordingly and the aprement shall be modified In writing to "fled such reduction. W Ihllure to agree on a reduction shall be subject to the remedies clause of this agreement. (Note-4inre the apreemrnf is subject to ndaelbw wwdrr 744 clauses by mama at de• bettor cost or prteinp data submitted in cemt-oeitma with certain nbconhaela the sngtwewr, may nofak to irselwde a clause in snitch such submnrroet ryaalring the subcon- tractor to apprpprialdy indemnt/y the cavi. carr. If is also erpecld that any subconfroc• far mbferf to swe* isdemnifiealion will pen• eratty, "ural" sabaLawtlaRy similar indemm. ficalio , /or cideetim East or pridnp data m. pulrrd to be submitted by his lover tier sub. con/noon) u. apaconraAM (a) Any subcontraatnr and outside asso. dates cur consultants required by the engi. Peer In connection with errices under this agreement will be panted to such Indlvid- uals or firms Its were specifically Identified and agreed to during negotiations• or u the Owner specifically authorities during the performarws of this agreement. The owner must give prior approval for any subitltu. timer In or addition to such subcontractors, aaociates, or crosultants. lb) The engineer mm not subcontract see. noes ID excess of thirty (301 percent (or — p -rernt. U the owner and the mall• later hereby agree) of the contract price to subeonlrscbn or consultants without the omerY prior written approval. 11. IAaOa arANW To the extent that this agreement In. cairn "mnstructlon'• (as defined by the Sec"ury of Tibor). the engineer agrees that such construction work shall be subject to the following labor standards provislom W the extent applicable: W Davit -Bacon Act (40 U.S.C. 2709- 776IR-71'. (b) Contract work Sour and Safety Standards Art (40 U.S.C. 327-333); (c) Copeland MU-Rlckback Act (10 U.S.C. 874): And (it) Executive Order 11746 (Equal Employ- ment Opportunity); ptd tmplemcnlhl6 miss, regulations, and m1rrant Orden of the Smrre(ary of Labor or LPA. The Engineer further agrees that this agreement shall Include and be subject to - the "labor Standards Provisions for Feder. aly Misted Construction Contracts" (EPA form 6730.4) In effect At the time of execu- done of this agreement. 12. coal dllasTAtRT orrOMXM in accordance with EPA policy u ex- p Mewed In 40 CYR 30.420-6, the engineer Agrers that he will not discriminate Agahtst any employee or applicant for employment because of rue. rellgion, color, sex, ale, or nworrl origin ns. prllranox or ■..., r AND shoal ry mulmms to AaordAtm with EPA policy u ex- pruwed In 40 CFR 36.¢36-7, the engineer aper that qualified small business and ml. raat budrws enterprises shall have the coati import practleable opportunity to Par- RULES AND REGULATIONS ticlpnle in the ,erionnanct, of EPA grant - "listed contracts and aulw'nnlracts. 11. WVnranr AGAlnaT WirtIacanT res The engineer waximla that no person or selling agency has been employed or re- lalned to solicit or secure this contract upon an agreement or understanding for a mom• mission. percentage, brokerage. or contin. gent fee, excepting Trona fide employees. For branch or violation of thin wuranty the owner stall have the right to annul this agreement without liability or In Its dincre• tion to deduct from the contract price or Eansideration. or otherwise recover. the full amount of such commission, percentage. brokemae, or contingent fee. Ir. aaArplilrs (a) If It Is found• slhs notice and hearing. by the owner that the engineer, or any of the engineer's agents or representatives, of. fered or gave gratuities (In the form of en. Lertalnment• gifts• or otherwtse), to any offi. sial, employee. or sgenl of the owner, of the Slate• or of EPA In All attempt to secure a contract or favorable treatment In WWII. Lng. amending. or making any determina. tions related to the perfonnnerce of this agreement. the Garter may by written notice to the engineer, terminate the right of the engineer to pn¢ced under this agree. went. The diner may also pursue other rights and remedies that lite law or this agreement provides. However. the existence of the facts upon which the owner bases such findings shall be In Issue and may be reviewed In proceedings under the remedies clause of this syroement. Ib) In the event this agreement is Lerml. treated As provided In paragraph (a) hereof, the owner shall be entitled: IU To pursue the name remedies against the engineer v It could pursue In the event of a breach of the contract by the engineer, and (2) as a penal. ty. In uldltlon to any other damages to which It may be entitled by law, to exempts. rY desires In an amount las determined by the owner) which shall be not less than 3 nor mo" than 10 times the costs the engl• neer Locust In providing my such gratuities to any such officer or employee. 17. FArn1(ra If this agreement Involves research• devel• opmental. experimental, or demonstration work and my discovery or Invention selacs or Is developed in the course of or under this agreement, such Invention or discovery shall be subject to the reporting and rights PIVAIlors of subpart D of 40 CFR part 30, in effect all the date of execution of this agreement. Including appendix B of pat 30. In such case, the engineer shall report the discovery or Invention to EPA directly or through the owner, and shall otherwise comply with the owners responsibilities In accordance with subpart D of 40 CFR part 30. The ettg)neer agenea that the dlxpoaRlon of rights to Inventions made under this ANTECT'mnt shall be In arsordmce with the terles and conditions of Appendix S. The en• gtneer shall Include appropriate patent pro- rlalons to achirre the purpose of this condi• Ulan in all subcontracts Involving research, derelopmental, experimental, or demtonstn- tion work. ' IS, cai rxl(arm ane Minaret IN WTA (a) Me eaalnter agrees that my plans, drawings. designs, specifications, computer 44093 Programs (which are substantially paid for with EPA grant funds)• technical reports. operating manuals. and other work auhmlt• led with a step 1 facilltles pian or with a step 2 or step 3 grant application or which are specified to be delivered under this amemenl or which ary derelnped or pro. duced and paid for under this sere ment (referred to In this clause As '•Subje L Dain") are subject to the rights In the United States, As set forth In subpart D of 40 CFR part 30 and In appendix C to 40 CFR part 30, In effect on the date of exeeu• lion of this Weemenl. These rights Include the right to one. duplicate• and disclose such subject data. In whole or In part, In any manner for any purpose whatsoever. and to have others do an. For purposes of this eiaLLv, •'grMlee" we used In appendix C refen to the engineer. If the material h co- pyrightable• the engineer may copyright It, As appendix C permits, subject to the rights In the Duvernment In appendix C. but the owner and the Federal Dovernment reserve R royalty -free• noneacluslve, and irrevocable License to reproduce, publish, and use such materials, In whole or In part• and to autho. rise others to do An. The engineer shall In. clude appropriate provialons to achieve the purpose of this condition In all eutvonlracts expected to produce copyrightable subject data. W All such subject data furnished by the engineer pursuant to this agreement are In. struments of his services in respect of the project. It Is understood that the engineer does not represent such subject dela m be meltable for reuse on any other project or for any other purpose. If the owner reuses the subject dalx without the engineer's spe. cific written verification or adaptation• such rruse will be at the risk of the Omer, with. out liability to the engineer. Any such ver. Iflcallon or adaptation will entitle the engl. neer tofurther compensation at rales agreed upon by the owner and the engineer. FIDFIAL 11FOISTFt, VOL- 43, No. 163—WrOWSDAT, SITr4AtM 77, 117[1 B - Page 3 of 3 MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS a DES MOINES fey PYMIRIT r nI COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS (Srr nrrurnpan)•inA inc7ruclinns hrlure rnmpL•Iing IhiN form) Furm App, ...... I OSIR Nu. I.5,Y-KIIIJJ PARTI•GENERAL 1.GRANTEE City of Iowa City,_ ). NAME Or CONTRACTOR OR SUBCON T RACTOR eenst ra b Timm Stanley Consultants, Inc. (Subcontractor) Contractor 2. GRANT NUMBER C190830-02 _.• _ A. DATE Or PROPOSAL December 21 1979 S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include LIP code) Subcontractor: Stanley Consultants, Inc. Stanley Building Muscatine, Iowa 52761 6. TYPO OF SERVICE T0Rr FDRNISufn Professional services for perfor- mance of Value Engineering studies for Iowa City, Iowa, Wastewater Treatment Works. '-'�'•" PART II -COST SUMMARY ESTI- T. DIRECT LABOR.SP+CIty IA60r CAte90rf11) MATED MOORS HOURLY ESTIMATED RATE COST TOTALS Refer to attached pages 3. 4. 6 ofs 3//„r + ' DS` =-i7- -...._..... DIRECT LABOR TOTAL: :1w3'L*' : 77f.'=i?i+`t'."'.• -Il: �•I• S B. INDIRECT COSTS +Speelly Mdlwl Coat pact*) RATE + BASE = ESTIMATED COST , e er to a ac a page o or 70.93s27,789 s 19.711 determination of overhead percentages INDIRECT COSTS TOTAL, rA.h:7i' ^r'?miA'c� �� N.1'fY.': '��:' v'•� f -199711 9. OTHER DIRECT COSTS 1. TCAY[L . ESTIMATED COST (11 TRANIRORTATION Refer (2) C. DIE•. Refer to attached Rage 5 of S 4 28 } 11.. =, 111.14- Ii . TRAVEL SUBTOTAL, 1 '41 S b. EOUIPMCNT, MATERIALS, SUPPLIES (Spleih• elt*yor111) OTY ESTIMATED COST COST Refer to attached a e 5 of s s _L+511 5r _ EOUIPMENT SUBTOTAL: 1.545 C.SVBCONTRACTS ESTIMATED COST �. S 4 SUBCONTRACTS SUBTOTAL, +i Til' • �'� ti; ii;,l' 3 —' ' d, OTHER (Sprtll)' ur. Farin) ESTIMATED COST f -!• OTHER SUBTOTAL, .rlc„*h e. OTHER DIRECT COSTS TOTAL, %j-V%l t: 10. TOTAL ESTIMATED COST 11. PROFIT 12, TOTAL PRICE §5 X46 r:++ ii:{" f -- ___ °.., SL.•J'S1l.il' )I I— !rT� 2'ri 3 _ 6L568, . S 54 6 1 3 6 1 62 71 PAGE I Or 5 r EPA F mm 5700-41 11.101 C - Page 1 of 7 MICROFILMED BY JC9RM MICR+LAB CEDAR RAPIDS • DES MOINES 1 f. NII N..'•,.NIIIII PART 111 -PRICE SUMMARY 1/ COMPETITOR'S CATALOG LISTINGS, INHOUSE ESTIMATES, PRIOR QUOTES MARKET PPOPOSFP tltl� C PNU.I I s YY I`J •'•,;:,r.,,iwti :,.b: 7t'1..•�•;1••;i} _ ara:�. ^:r`d...il ;"• `I• f,! PART IV -CERTIFICATIONS ,b, CONTRACTOR ,A,, WAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OP Your, ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWF.Lvr MONTHSI _(' r EA r_ NO (11 •'Yu'• AL. KOM..ddre.l and lelophonF number of n.fewlna Pllice) Defense Contract Audit Agency Minneapolis, Minnesota 55415 Minneapolis Branch Office 712 Grain Exchange Building Attention: Mr. John H. Jensen E� 11b, THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES 41CFR 1-15.2 and 41CFR 1-15.4 a This proposal is submitted for use in connection with and in response to (1) Step 2 - Des iqn Regui cement for Iowa Ci ty, Iowa, (Veenstra and Kimm) . This is to certify to the best of my know: -1ge and belief that the cast and pricing data summarized herein ,Ne complete, current, and accurate as of (1), December 21, 1979 and that a financial management capability exists to fully and Revu ralelY account forthe financial transactions under this project. I further certify that I understand that flit- - subagreemenl price may be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate ,IN of the date above. (3) December 21, 1979 CATE Or EXECUTION lIGNA TURF F PROPOSER K. M, Bright, Vice President Stanley Consultants, Inc. TITLE OF PROPOSER It. GRANTEE REVIEWER I certify that 1 have reviewed the cost/price summary set forth herein and the proposed costs/price appear acceptable for .;nbagreement award. 1 J. W. Kirrm, Partner - Veenstra and Kimm• �Q ult<ant for Iowa Com, Iowa TITLE Or RI VIEWER 16. EPA REVIEWER (ll AppllcA61E) OA TE OF EXECUTION SIGNATURE OF REVIEWER TITLC OF RCVIEwCR i 1 PART 111 -PRICE SUMMARY 1/ COMPETITOR'S CATALOG LISTINGS, INHOUSE ESTIMATES, PRIOR QUOTES MARKET PPOPOSFP llndR.rr Awn. Sur pn.. FPmp.r,. on/ PRICEISI PNU.I •'•,;:,r.,,iwti :,.b: 7t'1..•�•;1••;i} _ ara:�. ^:r`d...il ;"• `I• S PART IV -CERTIFICATIONS ,b, CONTRACTOR ,A,, WAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OP Your, ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWF.Lvr MONTHSI _(' r EA r_ NO (11 •'Yu'• AL. KOM..ddre.l and lelophonF number of n.fewlna Pllice) Defense Contract Audit Agency Minneapolis, Minnesota 55415 Minneapolis Branch Office 712 Grain Exchange Building Attention: Mr. John H. Jensen 400 South Fourth Street (319)395-3170 11b, THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES 41CFR 1-15.2 and 41CFR 1-15.4 This proposal is submitted for use in connection with and in response to (1) Step 2 - Des iqn Regui cement for Iowa Ci ty, Iowa, (Veenstra and Kimm) . This is to certify to the best of my know: -1ge and belief that the cast and pricing data summarized herein ,Ne complete, current, and accurate as of (1), December 21, 1979 and that a financial management capability exists to fully and Revu ralelY account forthe financial transactions under this project. I further certify that I understand that flit- - subagreemenl price may be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate ,IN of the date above. (3) December 21, 1979 CATE Or EXECUTION lIGNA TURF F PROPOSER K. M, Bright, Vice President Stanley Consultants, Inc. TITLE OF PROPOSER It. GRANTEE REVIEWER I certify that 1 have reviewed the cost/price summary set forth herein and the proposed costs/price appear acceptable for .;nbagreement award. _.TE Or EXECUTION SIGNATURE OF REVIEWER J. W. Kirrm, Partner - Veenstra and Kimm• �Q ult<ant for Iowa Com, Iowa TITLE Or RI VIEWER 16. EPA REVIEWER (ll AppllcA61E) OA TE OF EXECUTION SIGNATURE OF REVIEWER TITLC OF RCVIEwCR EPA From 57OD-Al 12.761 C - Page 2 of 7 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS F DES MOINES I PAGE E OF 5 Y V Job No.�?I�'"ty:CLl. Page No ...... ............... Computed by .kS.BcIC�}Y� Date 17.1z!�79---_ Subject..N%_9-q��.................... Checked by------------------- Dat .................. �.�Wf�_:C±3_C.T_Rf lAT.MgyT_-t,!w Reviewed by..ZlileZl✓Q-!r Approved by. .................. Date ------------------ Sheet No ------- Jl_........... of..__..a................ vlorksl,o�;i eoM will 6r- made up �oi�ut..l;nq d is<IIPI;nC.S: � •Zsc� s forq I T^ t�icc_}Ips i 1 Ce,rr, ,C'.aOC�'ma6-(Gan4Wmv-i,"ge) eZ r 1iY.AC-lMo1 i:ndino:ec p biSuokvcak F.r,9incer_ If C±vil/5oni4ary 1rnyCncc6r ±2 ' s F� tie1(z1%4Q Q;�j 1t'v_ciN mo)�v,(Gtks pmfcisol.,natbrno t6t�'ollawcng: ►.iwo�nlorl�stioQ sz3s ons w;t,I bt cmyvirc-j %3T 5¢ssion L+ ;2o -25: Gomfol ¢fiJM Ion an aFv--b . CDvrin9_s.c�. ,tscpl`C�cac-%s.ao/al) uo bIons . 2—. 5esct•on 310-`0 �-ca.mpleion o � { s�ec� Cwciny Sc1 .Fisc�1 Ye4r.�961/e�)�: 2. elcsboQ� w'd( be, c-cn 0cicck IA Dec Mo ino.s arca n"ta a �� VtK c�eofclnoi ice s. If .k�tic Ownrx, OLO of E -PA 64tci`Is par�icw,gkc in t1i�. worlc:bo cr �hc rrii)o. orol ' �caso.n�altan,.1'}�ey.tlill btc,:c��c<�o�1 }ok'rov�tcl 4o9e�Nlain�ob.. 3. OAc- C . � � moo: c�ibcvmWarlcshor.Teo,-n me.nor, [,,rill blLaac�ynt� 4s �'o �,m. C cd i�ca�or. Al .1}�is }itn m ;} 'ls an�ic(�altcl 1 2cr^ W *%I 10v. InrzI,� � Ctansk'cuciion/m4bch42n1%<cci ¢ngince (Mc. I.ar.y wtl.oe) 4, I,PAT¢am.Lc%1ol I Q%I,QfGd �;Lt\itl 2- will ),L o1le,,.V, ec( VJorks1vayi WAI.bt 414 hours; e4tl;. C - Page .3 of .7 i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES a ��!�jtJ}✓4I+TH' Vjllr.�. Computed byK_I"I�f-l�b+_ Data-1.�z�`-'('j- Checked by .................... Date --------- Reviewed by_�_��/_C!lP� DatefZ//79 Approved by ............ _...... Date Job No._1!II: �--•:GLI Page No---------------------- Subject -___� E • "' QG "� o s q` ��T 1,-•IATv. . ........................................... Sheet No.___.___e.__.------- of ------- %A YA ______ i %AYAGwl� Cost CHI[�� �RD 1 - I'N A3E C -2.3 � t—.iCH LT VCT Sn V, ELecT $b�T, COJ�a, -0 I I�Eo c�a�}Icrinc���lollls Gl M2lllbtCI 10 y J_ V..Wori<rlao� 40 v0 10 10 1O a. Addc� {'orCoorc�laq{or 40 4o µ0 140 40 a IzmPar��ceQoraiion '70 '4 Rr�p�rk 1rgp1eTnGq�oliM 2s' i V 3 ,t C17ic`c Cons.l2c"�ic�1 i . G I 3O' 1 S¢crc�ari�.l I a ��!�jtJ}✓4I+TH' Vjllr.�. Computed byK_I"I�f-l�b+_ Data-1.�z�`-'('j- Checked by .................... Date --------- Reviewed by_�_��/_C!lP� DatefZ//79 Approved by ............ _...... Date Job No._1!II: �--•:GLI Page No---------------------- Subject -___� E • "' QG "� o s q` ��T 1,-•IATv. . ........................................... Sheet No.___.___e.__.------- of ------- %A YA ______ 9t:s�.�Scp�a�i�n,Qcr\"Phow�inF.Y.Bb/81 _ 1.:100 � • to. ks!I.Co,� FlOak. Cor 1'-°PhotIt ig IFY 80/81 i 13,, 324 2- �"Se C50-Go0 - t.To�o� �.SC• µ outs j sorac ;... _ , 50," so " so " 6U, 30' Z.Io4ollcosE €xlcnclin%r ?gyp Ph. Q FY79/9ro Rc4rct _"�f----- 12;2 tG' 3. FS{; 7e a1oltun \gf,2u�Pose i F. C, SIJal 2 2.-5 7 4. E3 �. Cat-�.Iioor3�or Z'-°Nhase r`(al/az 14. 4- 2-7789./ -27789'/ I C Page*4 of j MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES %AYAGwl� Cost CHI[�� �RD 1 - I'N A3E C -2.3 � t—.iCH LT VCT Sn V, ELecT $b�T, COJ�a, -0 I I�Eo c�a�}Icrinc���lollls M2lllbtCI 10 10 J_ V..Wori<rlao� 40 v0 10 10 1O a. Addc� {'orCoorc�laq{or 40 4o µ0 140 40 Into IzmPar��ceQoraiion '70 Rr�p�rk 1rgp1eTnGq�oliM 2s' i C17ic`c Cons.l2c"�ic�1 i . G I 3O' 1 S¢crc�ari�.l I - 30 S, TU\O` �5�. FIOVrS Ij IrjS . 50 SU • 50 50 50 30 30 LO 51�.�imo 1ZaicS: 29Zsf R9Zs 2285' 228-7' 27. Ds. 29 22- s . 2s, 19- 7.ea3i TJensien (79/60) X439 4Sa4 I la3 " Z9- \7- " 8. Wat CoziETh¢snim(19/5u� . 1143 1463 1143 558 878 3st " 139 -� --__ t. 12).2zr-- 9t:s�.�Scp�a�i�n,Qcr\"Phow�inF.Y.Bb/81 _ 1.:100 � • to. ks!I.Co,� FlOak. Cor 1'-°PhotIt ig IFY 80/81 i 13,, 324 2- �"Se C50-Go0 - t.To�o� �.SC• µ outs j sorac ;... _ , 50," so " so " 6U, 30' Z.Io4ollcosE €xlcnclin%r ?gyp Ph. Q FY79/9ro Rc4rct _"�f----- 12;2 tG' 3. FS{; 7e a1oltun \gf,2u�Pose i F. C, SIJal 2 2.-5 7 4. E3 �. Cat-�.Iioor3�or Z'-°Nhase r`(al/az 14. 4- 2-7789./ -27789'/ I C Page*4 of j MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I n Job Page No ..................... V. E.,zco oboes_. .............. Subject ............11 ... J.... .. ... Sheet No ------- ;;iE.......... .... ............. ... Computed by.i.,M•KC3'10- Date. l2/zlh 9_.... Checked by -------------------- Reviewed by :�/I•-Cf l�'?�7 _ Date ______._.__...___ .__A D.W. 21;!17Y---- roved b _ Approved Date _________._ n Job Page No ..................... V. E.,zco oboes_. .............. Subject ............11 ... J.... .. ... Sheet No ------- ;;iE.......... .... ............. ... MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES c 23z, \92 a d5' Z3z 47- (300 z. 900 175 220 � Sy IL 370 355 480 z 3or Gj5(c8 � i I ).iwoe4rs is9¢ai^Oi�Qs �QYt4vIA _ 3zoyn� x z dE o °/M;� z. P tr1t4,JoorA t\f4GCtL —Zorn:/801, x l �ein.-32otn. �o —/m 3. On0,Te \' b�P,VA. >)o9atM,oi^Uor Cum,`` k \:,-y .S. 311r(i9s bc1 LOUldin ol0 �\�}1��G t4 on ) '37,3m -sr-0\GA ` y 80/81 f� cr. ). Cee} e f Y 7.S/8ocokro Som¢, co lintG Q-.o�oove 2, s�.-ctco\u4;rnu.G `( 01�8z rc�u 4�+01 �S�'tma�e, Cob�'�'ro�,�ur�olt�vn �" Lo DGttSG a BoPe.o '. 6 ... 1, ROOmS %f G Cef SrdoUs e,30/,�oy. .. 2. �0orn 10f W u+\,. riio(? 5�l ova. -Q 3s/d01 .---.. 3 M eel s ;vur Co �tv S of oy cerl5�cf'ot� .4. we �q. P.t�..lr,oaay �;ZS�d�.,\. g, \cs� Cut` oCor,rc,n} f"Y79/Eo rums <.. -aA0q% CrerkL by C OQ(XIAaio! C I`-4Pbv.� only] e zs �scnlai;r„ ior. \`` Phvxk�r, 60/Eli rck GI 8 •2^,Lp 1�\14�G C.os} N.r.Y 75180 to�e•t sa1mm an- �in(c 5 F? g, k��'. Arco\c�trn �0 rY;SI/Si C01rcf TotO� � a�;n�pio� eo.4 0 5le)5 t goO rel 1. \WA r 5,•Y 0,?-& \\0 QG ck -A '2_ K \nbrLAWu--n 1 af\� -_Grnon�hs'Czs�m,. ,s4\°�3 1 17gP1-tcgT\tJG , �� h�(c..0ot�'S-IO0FlysLa.Ot��9.n3ocu�iU tt?S�LoKl1t}�c+�as) t It .- 12SDq) t D -PS x. 3U cQY161}?O (CA JUJT.�l41n1 , f t� k It Y•i0r,t5\t\PMG��h'G1S � \t�ji�iot QO i.\at:o �eQlu Q U— , . ZoU`\r`` �c•�fu\ U,.�:q.+ r .\Qao �y4t�f cy eOII MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES c 23z, \92 a d5' Z3z 47- (300 z. 900 175 220 � Sy IL 370 355 480 z 3or Gj5(c8 � i I STANLEY CONSULTANTS STANDARD TIME RATES United States -Office Basad Members Classification �--- Hourly Rates SC -1 $ 4175 SC -2 t 5.90 SC -3 6.95 Sc -4 8.05 SC -5 9.55 _. SC -6 11.05 SC -7 12.85 SC -8 14.90 SC -9 16.90 SC -10 19.15 SL -II 22.85 SC -12 29.25 SC -13 36.45 SC -14 a 45.00 These rates are for office based members in the contiguous h? United States and are subject to change on or after .i April I, 1980. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES 1. r I 1 STANLEY CONSJLTANTS, INC. COMPUTATION Or A7JUSTED OVERHEAD THREE YEAR AVERAGE Fiscal Year Ended 4.02-17 fiscal Year Ended 4.01-78 " Alter Audit _ After Audit of E of Amount Direct Tim Amunt Direct Tine Direct Tine at Standard Tine Rates S 7,542,551 105.00 S81111,199 105.00 •,� Indirect Costs: Indirect Time at Standard Tine Rates (Vacatlm and Sick Leave not Included) S 3,478,321 S 7,665,504 Less: Variance froen Standard (Note 1) 100,079 114,366 S 3,378,242 44.78 S 7,551,138 47.78 - - Indirect Expenses S 21280,785 $ 2,655,147 Less: Unallowable (Note 2) 114,528 97,079 $ 2,155,857 28.72 S 2,558,068 31.54 1. Adjusted Overhead S 5,544,099 77.50 S 6,109,206 75.72 d Note I ' Distribution of Variance: Direct Tim S 7.542,551 66.51 S 81111,199 66.78 V Indirect Tim 3.478,721 70.67 7,665,504 30.18 p Service Operations Time 719,178 2.82 368,807 3.04 Is Total Time at Standard Time Rates $11,740,050 100.00 $12,145,506 100.00 V Computation o/ Indirect Portion at Variance 70.673 X $326,308 $100,079 30.18t % $378,946 $114,766 ' Note 2 Loss an Amounts S 73,176 S 48,108 Officers' Life Insurance 2,054 2,727 Contributions 6 Community Activities 27,809 29,738 Advertising 11,772 17,947 Discounts Taken 7,117 2,567 Total Unallowable Costs S 114,528 5 97,079 •'=� Certification: I certify that the foregoing is In accordance with the accounts of Stanley Consultants, Inc., which accounts are malntalned In accordance with generally accepted accounting principles and audited by Mc6ladrey, Hansen, Ounnt Conpany, certified .I public accountants. ':, � CllbdtkG� .:�.raA.l.w sl 1919 { 9311ONtreasurer Date Fiscal Year Ended 7.31.79 After Audit ; of Anount Direct Tim 510,192,361 S 3,699,189 (33.758) $ 3.732,947 36.62 $ 3,O3j,641 86,100 $ 2,947,461 28.92 S 6,68o,4o8 65.54 D $10,192,761 70.20 7,699,189 25.48 627,084 4.32 $14.518,674 100.00 25.48E % ($172,488) • (577,758) S 50,000 (8,706) 28,924 9,628 5.974 S 06,180 Three -Year Average • 70.93% .-......-... ...�.. .. .. 1 12 1( W MICROFILMED BY DORM MICR+LAB i ':� CEDAR RAPIDS A DES MOINES