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HomeMy WebLinkAbout1979-04-03 Resolution1� RESOLUTION NO. 79-138 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class Liquor Control License application is hereby approve or the following named person or persons at the following described location: Towncrest Inn., Ltd., 1011 Arthur St. 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 moved by Perret and seconded by Balmer that the Resolution as read be adopted, and upon -Mo I—cai� there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this Attest: City Clerk Ly AYES: NAYS: ABSENT: x x x x x x x 3rd day of 'April , 19 79 Mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110114ES L RESOLUTION NO. 79-139 RESOLUTION OF APPROVAL OF CLASS C Lienor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Towncrest Inn, Ltd. 1011 Arthur St. 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 Perret and seconded by Ralmor that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x i Erdahl x Neuhauser x I Perret x Roberts x Vevera x Passed and approved this 3rd day of April 19 79 Attest: City Clerk Mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401tiEs 6Y9 J RESOLUTION NO. 79-139 RESOLUTION OF APPROVAL OF CLASS C Lienor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Towncrest Inn, Ltd. 1011 Arthur St. 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 Perret and seconded by Ralmor that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x i Erdahl x Neuhauser x I Perret x Roberts x Vevera x Passed and approved this 3rd day of April 19 79 Attest: City Clerk Mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401tiEs 6Y9 RESOLUTION NO. 79-140 RHSOLUTION TO REFUND A PORTION OF CLASS C LIQUOR LICENSE FEE WHEREAS, Michael R. Hanrahan dh:t/ St. Michael's Saloon at 800 South Dubuque has surrendered Liquor License &C-11668, to the Iowa State Beer f, Liquor Control Department, and has received the State share of 35% of three quarters of the liquor license fee, and, WIIr:RHAS, the above licensee has applied for refund of the City' share of 65% of three quarters of the liquor license fee, BE IT RESOLVED BY THE 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 $ 633.75 , payable to Michael R. Hanrahan for refund of portion of Liquor License R LC -11668 . It was moved by Perret and seconded by Balmer that the Resolution as read he adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse x Erdahl x Neuhauser x Perrot X Roberts X Vevera Passed and approved this 3rd day of Aprilil//�/,� 11977997. Mayor ATTEST: 4a City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HIRES 650 F RESOLUTION NO. 79_141 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLIL'A'FIfSN BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approveFTor the following named person or persona at the following described location: Knights of Columbus Bldg. Assoc., Inc., 328 East Washington St. 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 moved by Perret and seconded by Balmer that the Resolution as rem e --adopted, and upon roI ca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x 71_ Perret x Roberts x Vevera x _ Passed and approved this 3rd day of April 19 79 Attest:izi, L City Clerk 11 �z EL_-e_Ie Mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES (057 RESOLUTION NO. 79-142 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit, to wit: Knights of Columbus Building Association, Inc., 328 East Washington St. It was moved by Perret and seconded by Balmer that the Resolution as read be a ocoppted, and upon rol ca t ere were: Passed and approved this 3rd day of April , 197 9 Mayor Attest: City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IHES 651 AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 3rd day of April , 197 9 Mayor Attest: City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IHES 651 R RESOLUTION NO. 79-143 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR OWENS BRUSH COMPANY WHEREAS, the owner, Owens Brush Company has filed with the City Clerk of Iowa ty,owa, an application or approval for a large scale non-residential development for the following described premised located in Iowa City, Johnson County, Iowa, to -wit: Commencing at the southeast corner of Section 14, Township 79 North, Range 6 West of the 5th P.M., thence north along the east line of said Section 14 to the Chicago, Rock Island L Pacific Railway Company right of way, thence northwesterly along the southerly line of said right of way 288 feet to the point of beginning, from thence northwesterly along the southerly line of said railway right of way 1412 feel, thence south 47 degrees and 5 minutes west 1017 feet to the center. line of the Lower Muscatine, or Wyoming Road, thence south- easterly along the center line of said road 775.5 feet, thence north 67 degrees and 5 minutes east to the place of beginning, except the following described tract: Beginning at the point of intersection of the northwesterly line of the above described property with the center line of said Lower Muscatine Road; thence northeasterly along said northwesterly line a distance of 225 feet, thence southeasterly along a line parallel with the center line of said Lower Muscatine Road, a distance of 150 feet, thence southwesterly along a line parallel with said northwesterly line of the above described property a distance of 225 feet to center line of said Lower Muscatine Road, thence northwesterly along the center line of said Lower Muscatine Road a distance of 150 feet to place of beginning, and further excepting the following described tract: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M01NEs 6s7 Resolution No. 79-143 Page 2 A strip of land 37 1/2 feet in width lying on the northwesterly side and bordering on the southeasterly boundary of real estate hereinafter described, and extending from the Lower Muscatine or Wyoming Road northeasterly to the southerly line of the right of way of the Chicago, Rock Island and Pacific Railway Company, and being the southeasterly 37 1/2 feet of the following described real estate: Commencing at the southeast corner of Section 14, Township 79 North, Range 6 West of the 5th P.M., thence north along the east line of said Section 14 to the Chicago,. Rock Island and Pacific Railway Company, thence northwesterly along the southerly line of said right of way 228 feet to the point of beginning, from thence northwesterly along the southerly line of said railway right of way 1412 feet, thence south 47 degrees and 5 minutes west 1017 feet to the center line of the Lower Muscatine, or Wyoming Road, thence south- easterly along the center line of said road 775.5 feet, thence north 67 degrees and 5 minutes east to the place of begin- ning. All of the foregoing being subject to easements and restrictions of record. Together with all easements and servient estates appurte- nant thereto. WHEREAS, said property is owned by the above-named party and no dedications are required; and, WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed large scale non-residential development and have approved the same; and, WHEREAS, the said large scale non-residential development has been examined by the Planning and Zoning Commission and after due i deliberation said Commission has recommended that it be accepted and r approved. r I WHEREAS; said large scale non-residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES from the deaka of the CITY CLERK'S OPPI/CE O4J&rL5 Muck �oM�J2itc/ Q/zfo� subdv�sime. �o�efFic. � I cit (Q e� CAN Geo earct� v�,eiea h f4e -2P2 6,?- ' cLo uc.Egccvt�z' circ �Eo . -� r9 -�`/3, O , I7�a":s d the �fO. �-�C7l2or /Zraoy i6s ,eFaaacOEa°. I 6 _ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 9 1 DEVELOPER'S AGREEMENT THIS AGREEMENT made and entered into by and between the Owner and Developer, Cooper Laboratories, Inc., here- inafter called the "Developer" and the City of Iowa City, Iowa, hereinafter called the "City". WITNESSETH: WHEREAS, the Developer has submitted a proposed Large Scale Nonresidential Development (LSNRD) Plan to the City for approval, which proposed development is located on the following described real estate, to -wit: See Exhibit "A" Attached. and, WHEREAS, the City has imposed certain requirements upon the Developer as a condition to the approval of said LSNRD Plan by the City, and NOW, THEREFORE, in consideration of the approval by the City of the proposed LSNRD Plan submitted by the Developer and in consideration of the mutual covenants hereinafter set forth, it is agreed by and between the parties as follows: 1. 14ATER LINE EASEMENTS. The Developer will grant to the City an easement for water main purposes in the form attached as Exhibit "B". 2. STORM WATER CONTROL STRUCTURE. The Developer will construct a storm water detention facility in accord- ance with the Iowa City Storm Water Management Ordinance and pursuant to plans and specifications approved by the City of Iowa City, as shown on the final LSNRD Plan submitted by the Developer, and after such facility has been MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES Fo L E DEC 1 41979 ABBIE STOLFUS CITY CLERK I 2 - constructed, the Developer shall be responsible for the continued operation, maintenance and repair of such facility in a manner which is consistent with said ordinance, which obligation shall be a covenant running with the land and enforceable by the City against the Developer and the Developer's successors in interest. 3. RIGHT-OF-WAY DEDICATION. The Developer will convey i by Quit Claim Deed all of its right, title and interest to that area lying between the West line of the real estate described in Exhibit "A" and the center line of Lower Muscatine Road for use by the City for street purposes. 4. COVENANT. This agreement shall be binding upon the parties hereto and their successors in interest and shall be construed as a covenant running with the title to the land described herein as though the same were in- corporated into each subsequent conveyance of the land described herein. IN WITENSS WHEREOF, the parties have caused this agreement to be executed at Iowa City, Iowa, on this 29th day of November , 1979. COOPER LABORATORIES, INC. By By DEVELOPER CITY OF IOWA CITY, IOWA LTi F o L E DEC 141979 ABBIE STOLFUS CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES 0 - 3 - STATE OF Iowa ) ss: COUNTY OF Johnson ) On this 29th day of November , 1979, before me, the undersigned, a Notary Public in and for the State of Iowapersonally appeared Joseph A. Dornig, Jr. and C. G. Dore , to me personally known, who, being by me duly sworn, did say that they are the Vice Pres. & Sec'y and Vice President , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said Joseph A. Dornig, Jrand C. C. Dore as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and or said County and State STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this. day of , 1979, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation, executing the within and foregoing instrument; that said instrument was signed and sealed on behalf of said municipal corpora- tion'by the authority of its City Council; that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be their voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Public in and for said County and State MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES E j C 14 I919 a ASSAESTOi FUS, c' EXHIBIT "A" Commencing as a point of reference at the intersection of the Easterly line of Section 14, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa and the Southerly right-of-way line of the Chicago, Rock Island, and Pacific Railroad; thence North 63° 27' 10" West 276.26 feet along said Southerly Railroad right-of-way line to the point of beginning, said point being a point of intersection of the Northerly right- of-way line of Mall Drive (formerly First Avenue) and said Southerly railroad right-of-way line (this is an assumed bearing for purposes of this description only); thence continuing North 63' 27' 10" West 1363.74 feet along said Southerly railroad right-of-way line to a point; thence South 46° 44' 10" West 787.31 feet to a point; thence South 44° 11' 20" East 150.00 feet to a point; thence South 46° 40' 50" West 192.00 feet to a point of inter- section with the Northeasterly right-of-way line of Lower Muscatine Road (formerly Wyoming Road); thence South 44° 11' 20" East 596.07 feet along said Northeasterly right- of-way line to a point of intersection with the Northerly right-of-way line of Mall Drive; thence North 67° 06' 05" East 1533.77 feet along said Northerly right-of-way line to point of beginning. MICROFILMED DY JORM MICROLAB CEDAR RAPIDS -DES 6IORIES FDE'ICI y 1�1� A S6LUg 0 I Exhibit "B" WATER MAIN EASEMENT THIS AGREEMENT made and entered into by and between Cooper Laboratories, Inc., First Party, which expression shall include First Parties successors in interest and assigns and the City of Iowa City, Iowa, Second Party, which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 and other valuable consideration, the receipt of which is hereby acknowledged, First Party hereby grants and conveys to Second Party a non-exclusive easement for the purposes of excavating for and the installa- tion, replacement, maintenance and use of such water mains, pipes, lines, and hydrants as Second Party shall from time to time elect for conveying water with all necessary ap- pliances and fittings for use in connection with said lines, together with adequate protection therefore, and also a right of way, with the right of ingress and egress thereto, over and across the real estate described in the attached Exhibit "B-1" First Party further grants to Second Party: 1. The right of grading said strip for the full width thereof. 2. The right from time to time to trim and to cut down and clear away any and all trees and brush on said strip and to trim and to cut down and clear away any trees on either MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Fo�'0 DEC 1"1 1979 ABBIE STOLFb i CITY CLERIC -z- side of said strip which now or hereafter in the opinion of Second Party may be a hazard to said lines or may interfere with the exercise of Second Party's rights hereunder in any manner. 1 3. Second Party shall indemnify First Party against i any loss and damage which shall be caused by the exercise i 1 of said ingress and egress, construction, and maintenance jor by any wrongful or negligent act, omission of Second Party or of its agents or employees in the course of their I employment. 4. First Party reserves the right to use said strip forur oses which will not interefere with Second Party's P P Y full enjoyment of the rights hereby granted, including the location of additional utilities such as sewer, electricity, gas and telephone lines within said easement; provided that First Party shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on ,said area, or diminish or substantially add to the ground cover over said lines. 5. First Party does hereby covenant with Second Party that they are lawfully seized and possessed of the real .estate above described; that they have a good and lawful right to convey it, or any part thereof. 6. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. I LE [j_l U DEC 1 4 1979 A1381E STot_Eus CITY CLERK / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES F - 3 - COOPER LABORATORIES, INC. MA By STATE OF Iowa ) ss: COUNTY OF Johnson ) On this 29.th day of November , 1979, before me, the undersigned, a Notary Public in and for the State of Iowa , personally appeared Joseph A. Dornig, Jr. and C. G. Dore , to me personally kndwn, who, being by me duly sworn, did say that they are the Vice Pres, & Secy.and Vice Prsident , respectively, of said corporation executing the within and foregoing in- strument to which this is attached, that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said Joseph. A. Dornig, Jr. and C. G. Dore as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. �2 -A Q 1�- Notary Public in and for said County and State MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES DEC 114 19791 D ABBIE STOLFUS CITY CLERK R EXHIBIT B-1 i Commencing as a point of reference at the intersection of the Easterly line of Section 14, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa and the Southerly right-of-way line of the Chicago, Rock Island, and Pacific Railroad; thence North 63° 27' 10" West 277.34 feet along said Southerly railroad right-of-way line to a point; (this is an assumed bearing for purposes of this description only); thence South 67° 04' 20" West 1,533.09 feet to a point of intersection with the Northeasterly right-of- way line of Lower Muscatine Road (formerly Wyoming Road); thence North 44° 11' 20" West 189.00 feet to point of beginning of center line herein described; thence North 44° 15' 00" East 670.00 feet to a point; thence North 49° 28' 25" East 58.15 feet to a point; thence North 45° 49' 55" East 400.21 feet to a point; thence North 58° 35' 30" West 115.93 feet to a point; thence North 36° 05' 30" West to a point of intersection with said Southerly railroad right-of-way line and end of center line herein described. DEC 14 1979 ABBIE STOLFU., CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES R WATER MAIN EASEMENT THIS AGREEMENT made and entered into by and between Cooper Laboratories, Inc., First Party, which expression shall include First Parties successors in interest and assigns and the City of Iowa City, Iowa, Second Party, which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 and other valuable consideration, the receipt of which is hereby acknowledged, First Party hereby grants and conveys to Second Party a non-exclusive easement for the purposes of excavating for and the installa- tion, replacement, maintenance and use of such water mains, pipes, lines, and hydrants as Second Party shall from time to time elect for conveying water with all necessary ap- pliances and fittings for use in connection with said lines, together with adequate protection therefore, and also a right of way, with the right of ingress and egress thereto, over and across the real estate described in the attached Exhibit "B-1" First Party further grants to Second Party: 1. The right of grading said strip for the full width thereof. ' 2. The right from time to time to trim and to cut down f and clear away any and all trees and brush on said strip and to trim and to cut down and clear away any trees on either a DEC 1 !11979 -� ABBIE STOLFuj CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DLS MOINES L - 2 - side of said strip which now or hereafter in the opinion of Second Party may be a hazard to said lines or may interfere with the exercise of Second Party's rights hereunder in any manner. 3. Second Party shall indemnify First Party against any loss and damage which shall be caused by the exercise of said ingress and egress, construction, and maintenance or by any wrongful or negligent act, omission of Second Party or of its agents or employees in the course of their employment. 4. First Party reserves the right to use said strip for purposes which will not interfere with Second Party's I full enjoyment of the rights hereby granted, including the location of additional utilities such as sewer, electricity, gas and telephone lines within said easement; provided that First Party shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said lines. 5. First Party does hereby covenant with Second Party that they are lawfully seized and possessed of the real estate above described; that they have a good and lawful right to convey it, or any part thereof. 6. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES FoLE0 DEC 1 41979 ABBIE STOLFU CITY CLERK - 3 - COOPER LABORATORIES, INC. By By (a. S. .lf y.L STATE OF Iowa ) ) ss: COUNTY OF Johnson ) On this 29th day of November 1979, before me, the undersigned, a Notary Public in and for the State of Iowa , personally appeared Joseph A. Dornig, Jr. and C. G. Doreto me personally known, who, being by me duly sworn, did say that they are the Vice Pres. & Sec'y and Vice President , respectively, of said corporation executing the within and foregoing in- strument to which this is attached, that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said Joseph A. Dornig, Jr. and C. G. Dore as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and or said �� County and State MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Ido1RES DEC 1 41979 ABBIE STOLFU::, CITY CLERK I e EXHIBIT B-1 Commencing as a point of reference at the intersection of the Easterly line of Section 14, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa and the Southerly right-of-way line of the Chicago, Rock Island, and Pacific Railroad; thence North 630 27' 10" West 277.34 feet along said Southerly railroad right-of-way line to a point; (this is an assumed bearing for purposes of this description only); thence South 670 04' 20 a point of " West 1,533.09 feet to intersection with the Northeasterly right-of- way line of Lower Muscatine Road (formerly Wyoming Road); thence North 440 11' 20" West 189.00 feet to point of beginning of center line herein described; thence North 440 15' 00" East 670.00 feet to a point; thence North 49° 28' 25" East 58.15 feet to a point; thence North 45° 49' 55" East 400.21 feet to a point; thence North 58° 35' 30" West 115.93 feet to a point; thence North 36° 05' 30" West to a point of intersection with said Southerly railroad right-of-way line and end of center line herein described. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES It E DoDEC141979 ABBIE STOLFUS CITY CLERK 0 T QUIT CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That Cooper Laboratories, Inc. in consideration of the sum of One Dollar and Other Good and Valuable Consideration in hand paid do hereby Quit Claim unto City of Iowa City, Iowa City, Iowa, all our right, title, interest, estate, claim and demand in the following described real estate situated in Johnson County, Iowa, to -wit: Commencing as a point of reference at the intersection of the Easterly line of Section 14, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa and the Southerly right-of-way line of the Chicago, Rock Island, and Pacific Railroad; thence North 63° 27' 10" West 277.34 feet along said Southerly railroad right-of-way line of the Chicago, Rock Island, and Pacific Railroad to a point of inter- section with the Northerly right-of-way line of Mall Drive (formerly First Avenue as defined by Warranty Deed dated April 30, 1971, recorded in Johnson County Recorder's Office Book 361, Page 484) (this is an as- sumed bearing for purposes of this description only); thence South 67° 04' 20" West 1533.09 feet to a point of interesection with the Northerly right-of-way line of Lower Muscatine Road and point of beginning of tract herein described; thence North 44° 11' 20" West 596.07 feet along said Northerly right-of-way line to a point; thence South 46° 40' 50" West 33.00 feet to a point of intersection with the center line of Lower Muscatine Road; thence South 44° 11' 20" East 583.73 feet along said center line to a point; thence North 67° 04' 20" Fast 35.41 feet to point of beginning, and containing 0.45 acres more or less. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the above described premises. Dated this 29th day of November 1979. COOPER LABORATORIES, INC. B By DECn 4-19f§ •YLIgIE SToLFUS ("TY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110fl4E5 Quit Claim Deed Page 2 STATE OF Iowa ) ) ss: COUNTY OF Johnson ) On this 29th day of November , 1979, before me, the undersigned, a Notary Public in and for the State of Iowa , personally appeared Joseph A. Dornig, Jr. and C. G. Dore , to me personally known, who, being by me duly sworn, did say that they are the Vice Pres. & Sec'y and Vice President , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) cor- poration; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said Joseph A. Dornig, Jr. and C. G. Dore as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in an or sai County and State 141CROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES °I EDDEC 1 41919 ABBIE STOLFUS CIN rr roc f Resolution No. 79-143 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA; 1. That the said plan filed stamped April 3, 1979, is hereby approved as a large scale non-residential development contingent upon execution of the following formal agreements prior to the issuance of the building permit: a. dedication document conveying a ten (10) foot wide easement for a city -owned water main. b. agreement for construction of a storm water detention basin in accordance with the storm water management ordinance. 2. That the said large scale non-residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non-residential developments. t 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. I Passed and approved this 3rd day of April, 1979. It was moved by deProsse and seconded by Perret that the Resolution as read be adopted, and upon roll call there --were: iAYES: NAYS: ABSENT: x BALI4ER x ERDAHLSE X x NEUIIAUSER x PERRET x ROBERTS x VEVERA MAYOR ATTEST: _�2 � �l CITY CLERY. RQcsivcd k AFprovaJ By The Legal Dcparlment MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Resolution No. Page 3 \ NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA; 1. That the said plan is hereby approved as a large scale non-residential development. 2. That the said large scale non-residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non-residential developments. 3. That the�City Clerk of the City of Iowa City, Iowa, is hereby authorized Rnd directed to certify a copy of this resolution to the Office of th County Recorder of Johnson County, Iowa, after final passage and ap roval as authorized by law. Passed and approv d this day of , 1979 It was moved by � and seconded by that the Resolution as rely e a opted, and upon rol ca t ere were: \ AYES: NAYS: 4SENT: ATTEST: CITY CLERK BAUUIER dePROSSE EREAHL NEUHAUSER PERRET ROBERTS VEVERA MJCROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011JES +t- __''__woon__.a `` JJ� _ �Le "' Received & Approvad Bv T f• Legal Dap Iriment OWENS BRUSH COMPANY Division of Cooper Laboratories. Inc. P.O. BOX 662, LOWER MUSCATINE ROAD • IOWA CITY, IOWA 62240 PHONE (319) 338-6411 • TELEX NO. 484409 March 27, 1979 ED City Council MAR 2 a 1979 City of Iowa City Civic Center ABBIE STOLFUS, CMC Iowa city, Iowa 52240 CITY CLERK (3) Ladies and Gentlemen: We are pleased to submit the preliminary'and final large scale non-residential development plan for your consider- ation and approval. We understand that as part of the LSNRD submittal, Owens Brush is required to submit a standard subdividers agreement agreeing to the following: 1. That Owens Brush will convey a 10' wide non-exclusive easement for a City -owned water main which parallels our existing facility and proposed new building addition. 3 Said water line easement to be defined and mutually agreed upon. I 2. As part of the proposed development for additional square footage of roof and parking area, that Owens Brush will construct a storm water retention basin on our property in accordance with the Storm Water Management Ordinance of Iowa City. 3. Owens Brush will convey to the City of Iowa City, right- of-way for Lower Muscatine Road, 33' north of the center- line of Lower Muscatine Road for the entire property frontage of Owens Brush along the Lower Muscatine Road right-of-way. We respectfully request that the City Council of Iowa City review and take formal action approving the Owens Brush large scale non-residental development plan contingent on the final execution of a formal agreement pursuant to the above stated three points. This letter will serve as our intent to enter I into agreement with the City on these above three points. The logistics of obtaining signatures from our corporate headquarters office in New Jersey have precluded submitting this agreement to you concurrently with our LSNRD submittal. However, we do understand that this agreement must be complete and fully executed prior to our receipt of a building permit from the City of Iowa City. We intend to complete this one remaining item in a timely manner. me® 63-7 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.Df.S MOIRES i City Council March 27, 1979 Page 2 We appreciate your consideration and understanding in this matter and look forward to your favorable review and formal approval. Thank you. Sincerely, C. G. Dore -- President n MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES n I F RESOLUTION NO. 79-144 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF _SERVICE BUILDING MODULAR UNIT ROOF REPAIR PHASE 2 ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $1,200.00 payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the abova-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 18th day of April 1979. Thereafter, the bids will be opened by the -City Engineer and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 24th day of April , 1979 . X66/ Received & Apprcvrd 13V The Lega Dup ltmenf 3 Z9 �V9 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES Page 2 Resolution No. 79-144 it It was moved by Balmer and seconded by Neuhauser that the Resolution as res ed— ea ocopted, and upon roll call—t- ere were: AYES: NAYS: ABSENT: —� BALMER X dePROSSE X ERDAHL x NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 3rd day of April , 1979 . MAYOR i ATTEST: CL CITY CLERK 1. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES 0 ' >9 RESOLUTION N0. 79-145 RESOLUTION AUTHORIZING EXECUTION CF CONTRACT WITH ROBERT BURNS AND ASSOCIATES FOR ARCHITECTURAL ENGINEERING SERVICES WHEFEAS, the City of Iowa City, Iowa, has negotiated a contract with, a copy of said contract being attached to this Peso u on anci by trus reference made a part reo , and, WHEFEW, the City Council deans it in the public interest to enter into said rnntrart for architectural engineering cervices for the FY80 Service Building Renovation Project. Said contract provides for plans and specifications for construction of the truck wash at the Service Building and renovation of the remaining five modulars at the Service Building NOW, THEREFORE, BE IT FESOLVID BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the rnntrartc with Robert Burns and Associates 2. That the City Clerk shall furnish copies of said contract to any citizen requesting same. It was moved by deProsse and seconded by Neuhauser the Resolution be adopted, W_up`on_r_oj-call there were: AYES: NAYS: ABSENT: X BALMER X dePROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS Abstain VEVERA . Passed and approved this 3rd day of April , 1979. a ell ATTEST: v �—� leis City Clerk i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES Racciyvak App:wrd B yhP Le J Ze p 1gmcnt � 66y AGREEMENT This Agreement, made and entered into this .J,_/ day of 19by and between the City of Iowa City, a municipal c rpd oration, hereinafter referred to as the City and Robert Burns and Associates, hereinafter referred to as the Consultant. Now, therefore, it is hereby agreed by and between the parties hereto that the City does retain and employ the said Consultant to act for and represent it in all matters involved in the terms of this Agreement. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, age, disability, marital status, sexual orientation or creed. b. To discriminate against any individual in term, conditions, or privileges of employment because of their race, color, religion, sex, national origin, age, disability, marital status, sexual orientation or creed. I SCOPE OF SERVICES The City has two work elements that are to be included in this scope of services. These two work elements are: 1. A truck wash building to be located at the City maintenance facility. This building is to be single story and sized to accommodate any of the City's current fleet of vehicles. It shall be equipped with a commercial type handspray washer, heated to approximately an inside temperature of 45 degrees, equipped with overhead doors, personnel doors and electrical power and lighting, slab on grade with sump drain. It shall conform to the thermal efficiency standards of the State of Iowa. 2. Plans and specifications for completion of the modular renovation at the service building. These plans and specifications shall include the following: - prepare floor plans for remaining empty modulars and revise existing modulars to the extent necessary; - prepare building elevation drawings; - design ramp for the handicapped and entrance for south door; i - prepare room finish schedule and door schedules; i - prepare a landscape plan and site plan for area around modulars; - prepare written specifications for all work to be included in the construction; - review shop drawings (luring construction; - prepare plumbing drawings and specifications; - prepare heating, ventilating and air conditioning plans and specifications to match the revised architectural floor plans; MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 2 prepare lighting and electrical power plans and specifications; review shop drawings of mechanical/electrical during construction. Preliminary Phase In this phase the architect shall prepare design drawings for both work elements for approval by the owner and shall submit to the owner a statement of probable construction costs. Design Phase After City approval of the preliminary design and cost estimate and upon written notice to proceed, the Consultant will begin the design phase which will include: a. Preparation of a final construction cost estimate. b. Preparation of detailed contract drawings. C. Preparation of specifications, and contract documents. d. Furnishing the City with two (2) copies of the specifications and contract drawings for a final review by the City. Construction -Bidding Phase The Consultant shall provide the following services under this phase for the truck wash bay only. The City will act as construction manager on the modulars and the following services will not be Provided by the Consultant on the modulars except for a and f. The Consultant will provide the following services under this phase upon written notice from the City: a. Assist the City in securing bids and provide bid documents for contractors. The bid documents for this phase are a reimbursable expense. b. Tabulation and analysis of bid results and furnishing recommendations on the award of the construction contracts. C. Assistance on the preparation of the formal documents for the award of the contracts. d. Consult and advise the City during construction relative to this project for both contract and force account work. e. Preparation of elementary sketches and supplementary sketches required to resolve actual field conditions encountered. f. Checking detailed construction drawings and• shop and erection drawings submitted by contractors for compliance with design concept. g. Reviewing laboratory reports, materials and equipment. h. In addition, the Consultant will do the following field engineering: make periodic visits to the site to observe as an experienced and qualified design professional the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the contract documents. His efforts will be directed toward providing assurance for the City that the completed project will conform to the contract documents. During such visits and on the basis of his on-site observations he shall keep City informed of the progress of the work, shall endeavor to guard City against defects and deficiencies in the work of contractor(s) and may disapprove or reject work as failing to conform 1.0 the contract documents. JORM MICROLAB CEDAR RAPIDS -DES nonrEs r 3 The Consultant shall deLer•mine Lhe amounts owed to the contractor and shall issue certificates of payment in such a manner as to comply with the provisions of Chapter 573 of the Code of Lhe State of Iowa. The issuance of a certificate of payment shall constitute a representation by the Consultant to the City that, work has progressed to the point indicated and that to the best of the Consultant's knowledge the quality of the work is in accordance with the construction contract documents. j. Make a final inspection report to the City upon completion of the project. k. The Consultant and the City shall discuss interpretations of the requirements of the construction contract documents. The Consultant shall have the authority to act on behalf of the City; however, final decisions on any matter shall rest with the City. I. The Consultant shall have the authority to reject work which does not conform to the contract documents. The Consultant shall process change orders. Change orders shall become effective only after they have been signed by the City's representative, Richard J. Plastino. Special Services Upon request the Consultant agrees to furnish special services or advise the City on the need for such services. Such special services may include: a. Technical observation by a Resident Project Representative and supporting staff as required who will observe the work for compliance with contract documents, and provide construction record drawings of the completed projects. Specific duties shall include but not be limited to (1) setting of lines and grades as construction proceeds; (2) revision of contract drawings to show location and nature Of improvements as actually constructed; (3) provide services in accordance with Exhibit "A", "Duties, Responsibilities and Limitations of the Authority of Resident Project Representative." Note that Exhibit "A" is a standard NSPE contract document and the term Engineer shall mean Consultant and the term Owner shall mean City for the purposes of this agreement. b. Assist the client as expert witness in litigation arising r from the development or construction of the project and in hearings before various approving and regulatory agencies. 1 C. The Consultant shall attend such meetings of the City 1 Council relative to the work set forth in this contract as may be requested by the City. Any requirements made by the City shall be given with reasonable notice to the Consultant so that he/she may attend. II TIME OF COMPLETION The Consultant will complete the phase of this project within the times listed below: Preliminary Phase - 30 clays after signing of this contract. Design Phase - Two months after completion of the Preliminary Phase. Construction -Bidding Phase - The Consultant shall include appropriate construction times in Lhe joh specifications. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40171ES 4 III GENERAL TERMS 1. The Consultant or the City may terminate this contract upon seven (7) days notice. If the contract is terminated the Consultant shall be paid on the basis of hours of work satisfactorily completed under each phase of this contract and he shall be paid for reimbursable expenses resulting from work under this contract. The amount of work completed under each phase not yet accepted by the City shall be determined mutually by the City and the Consultant. If the City and the Consultant are unable to agree on the amount of completion the matter shall be resolved under the guidelines of the American Arbitration Association. 2. This Agreement shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said agreement. 3. It is understood and agreed that the employment of the Consultant by the City for the purposes of said project shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. Said Consultant shall be responsible for the compensation, insurance and all clerical detail involved in their employment. 4. It is agreed by the City that all records and files pertaining to information needed for said project will be made available by said City upon request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. 5. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the Ordinances of the City of Iowa City, Iowa. 6. The Consultant agrees to furnish all reports and/or drawings i with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 7. The City agrees to tender to the Consultant all fees and money in accordance with the schedule that follows except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the project in accordance with this Agreement. 8. Should any section of this contract be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. 9. Direct Personal Expense for the purposes of this contract shall be defined as hourly wage plus retirement and fringe benefits. Said Consultant shall, upon demand, furnish receipts therefore or certified copies thereof. 10. Records of the Consultant's Direct. Personal Expense, Consultant Expense and Reimbursable Expenses pertaining to the Project, and records of accounts between the Owner and the Contractor, shall be kept on a generally recognized accounting basis and shall be available to the Owner or his authorized representative at mutually convenient. times. 11. All reimbursable expenses are in addition to the fees for Basic Services and include actual expenditures made by the Consultant, his employees, or his consultants in the interest of the Project for the following incidental expenses listed: a. Expense of transportation and living when travelling in connection with Lhe Project, and for long distance calls. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MMo INEs 5 b. Expense of reproduction, postage and handling of Drawings and Specifications, excluding copies for Consultant's office use. C. Fees paid for securing approval of authorities having jurisdiction over the project. 1V OWNER'S RESPONSIBILITIES 1. On the truck wash bay the Owner shall be responsible for design and construction of the subsurface and shall furnish the architect with allowable soil and bearing capacity for the footing design. 2. Soil investigation, including test borings, related analysis and recommendations. 3. Land surveys, title and easement searches and descriptions of boundaries and monuments and related office computations and draftings. V COMPENSATION FOR SERVICES The City agrees to pay for services stated in this contract on the basis of the following fees: 1. Truck Wash Facilit - Principals (Robert P. Burns and David Hayes 30 per hour. Employees - 2.5 x Direct Personal Expense. The total compensation for the truck wash facility, not including reimbursables, shall not exceed $5,500. 2. Modular Renovation - Principles (Robert P. Burns and David Hayes) 30 per hour. Employees - 2.5 x Direct Personal Expense. The total shall not exceed $6,000. 3. Special Services - Special Services shall be compensated in the following manner: a. Special Services provided by the Consultant shall be compensated at the hourly fee listed above or at a 2.5 x Direct Personal Expense fee. The Direct Personal Expense of all personnel classifications associated with this project shall be attached as Exhibit B. The "not to exceed" figures listed in this section refer to personnel expenses only and do not include reimbursables. Reimbursable expenses are above and beyond the "not to exceed" figure. Expenses shall be paid to the Consultant at cost with no markup. All fees will be billed and due payable after July 1, 1979. With each billing the Consultant shall list the individual, the hours worked and the hourly rate. All provisions of this Agreement when not specifically defined shall be reconciled in accordance with the highest ideals of the Engineering and Architectural Profession. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES C The undersigned du hereby state that this contract is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. It is further stated that there are no other, consideration or monies contin- gent upon resulting from the execution of this contract nor have any of the above been applied by any party to this Agreement. FOR THE CITY: ATTEST: ROBERT BURNS & ASSOCIATES ARCHITECTS -PLANNERS RIVERSIDE, IOWA: eZ Mayor Rd ert P. Burns, AIA, principal City C1 _k - STATE OF IOWA ) SS: JOHNSON COUNTY ) On this �/,Y/c day of I�c e , 19 j$ before me, a Notary Public duly conl�issioned and qualified in and for said Count and State /cT I. r%e�-e.a i y personally appeared Mayor of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal at Iowa ICity, Iowa, the clay and year last above written. Notay Public in and for Johnson County, Iowa I STATE OF IOWA ) SS: COUNTY OF JOHNSON ) On this 6 14 �i{axyy of �_ �- A.D., 1979, before me personally came and appeared �^�''.(( L1 -T. �'l, , ,t „-,.- li , ,1� to me known to be the Persons who executed Lhc abovinstrument who belnn fi st duly sworn b me depose and state that they are members of the 3� and that they executed the foregoing Agreement in the firm name ofd Allbn Q' llbccic&tj and that they had authority to sign the same, and they did c accknowlendge to me that they executed the same as the act and deed of said Ic%(,['J(JrtilnA nni/�/ySv�irdr�lfor the uses and purposes mentioned therein. IN ESS WITNWHFRLOf, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. 1 Notary Public in and for said County and State RTCSIYYU) & GPFROVI'J1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES Mo RIES ►I FXHIBIT "A" 701LRM5 ANU (.UNOI II(TtJS Ill IIVI IN I111 (ItVNI. R ANb 7111. f,(IfJtilll IAN7 I UR 1'f101 C5SIUN Dulles, Fc;hon;'�di til^.and Lunital'nr" ul the Anlhonl AL SERVICE$ w p' Ilu• (+e•✓dent Pr 1 Rep"%Cr. fair Lf,) A. GENERAL The Resident Project RepresemalivL 's the COIJSULTAN'1' CONSULTANT. . Agent and shall act under the suparvismn and dnecton of Thr B. DUTIES AND RESPONSIBILITIES The Resident Project Repre,xOlalive shall. 1. Schedule: Review the progress schedule prepared by the Cornraelorfs) lot compliancew'd' the cunlracl (s) and give write len advice to The CONSULTANT concemin ITS 2. Conferences: Attend pre-eonsuuelion conferencesL bdAt- range a schedule of progress meetings and other job ronler- wCes as mqurred in cunsullate,will.he and notify in advance Ihox expIf ected to allThe IJ. itnd ( SUIL e eirculme CoPie$ Of records oI The meLlino•, 3. Liaison: a. Serve as The CONSULTANT's liaison with the Coni; working principally through ¢Torls) the densIs . Ater J Cunitachu(s)' aqu'rin en. 1 1 the COnitactor(s), through his superintendent, to the hazards involved in accepting and acting upon insuuelions from others, except such instructions Transmitted Through the CONSULTANT. b. Cooperate with the Contractor(s) in his dealings with the various local agencies having jurisdiction over the PROJECT in order to complete service con facilities. nections In public utilities and c. Assist T in the Chl,rlb,n9uelaCNaddilicirfaldeiissof info, when s,lcll fill-,ob site lot proper execution of the work. 4. Approvals: When required, assist the CONSULTANT in ob. raining Irom The Contraclor(s) and subcontractors. a list 01 his propoxd suppliers 5, Ssmplcs: Assist the CONSULIAN7 in obtaining held cam. Pies of materials delivered Io the site which me fequncd 10 be furnished, and keep record of actions lakvn by the CONSULT. ANT. 6. Shop Drawings: a. Receive reviewed shop drawings and ether submissions Irom The CONSULTANT; record the data received, maintain a file of the drawings and submissions, and check The construction for compliance w'nh them. b. Alert the Contractor is)' super inLLudeol Is) when tie observes millerials Or equipment being installed before review of shop drawings or samples, where such is required, and advise The CONSULTANT when he believes it is necessaryto dieap• Prove work as failing to conform to The conslrw7iO am. Iract(s). 7. Review of Work. Inspections and Tests: a. Conduct omsile observations of the work in progress lot The CONSULTANT as a hasis for determining that The PRO. JECT is proceeding in accordance with the construction coniracl(s). h. Disapprove o1 or rCjecl work observed which rs defective; i.e., it is uncal isfactory, faulty, or does not conform to the requiremL•nls 01 the construction connatt(s). c. Verily that tests, including (:quipmem and sYstems start. up, which ale required by the comuudi0n cunluolls) are con ducted and that The Contractor(,) maintains adequate, records Ihureol; observe, record and report to the CONSULTANT appropriate details relative to the ICSI Procedures and startups. d. Accompany visiting inspectors ropnsenling public or other agencies having jurisdiction over The PROJECT, record The out. come of IIILse inspections and report to the CONSULTANT. 8. Interpretation of Construction Conlract: Transmit to The Contiactor(s) the CONSULTANT's interpretations of the con stiuction contract(s). B, Modifications: Consider and evaluate Tile Contractot(s)' sug. gestions for mcxlilications in The drawings or sprcilicalinns and ILporl Them with ¢•eomrnendations to file CONSULIANT. LIN 111. Rccm ds: a. M;unuun at the job site orderly files for cunespondence, reports of job confer Lnces, shop drawings and other submissions, IeProducl ions of Original contract documents including all ad. (1enda. change author oat Ions, field orders, and additional draw. illus issued subsequent 10 the award of the contrace(s), the CONSULI ANT's interpretations of the construction conuaepct(s), Progress rorls, and other PROJECT related documents. b. Keep a diary Or log book, recording hours on The job site, weather COO(filions, list of visiting officials, daily activities, derision,, nbwrvetions in general and specific observations in "'OIL detail as in The case of observing the lest procedures. c. Record the names• addresses and Telephone numbers of all contractors, subcontractors and major material suppliers. d. Maintain a set of drawings on which authorized changesate noted, and delroer to the CONSULTANT at The completion of The PROJECT. 11. Reports: a. Furnish the CONSULTANT periodic reports as required of Progress of the PROJECT and the Contractor(s)' compliance with the approved progress schedulLls). b. Confer with the CONSULTANT in advance of scheduled major tests, inspections or start of important phases of the' PROJECT. 12. Payment Requisitions Review aPPbce l ions for pa Yrnenl with the COrltmeTor(s) for cungiliancr will' the Lsulblished procedure for Their submission and forward Them with recommendations to The CONSULT. ANT, noting particularly Their relation Io The work completed and materials and equipment delivered at the site. 13. Gumamves, CertiRcales, Maintenance and Operation Manuals During the course of the work, assemble the Guarantees, Cerlili. cale9, Fl:tnnunanre and Operation Manuals and other required data to be furnished by the Contranor(s) and upon acceptance of the PROJECT, deliver this material to the CONSULTANT for his review and forwarding to the OWNER. 14. Completion: a. Print IO ifepecli00 for substantial completion, submit to file CO011aClpr (s) a list of observed items requiring corrections. b. Conduct final inspection in the company of the CONSULT. ANT and Tile OWNER and prepare a final list o1 items Io be corrected e. Verify that all items on the final list have been corrected and make recormrmnda l ions to the acceptance CONSULTANT concerning C. LIMITAT IONS OF AUTHORITY EGCCPT upon written Inslruclime of the CONSULTANT the Resident Plojeel RLpiesenlative: I, Shall not authorize any deviation from the construction contracts) at approve any substitute materials or equipment. 2. Shall not undertake any of the responsibilities of the Con. Iractur(s), the subcontractors or the Contractorlsl' superimen• dent. 3. Shall not expedite life work for The Contraciorls). 4. Shall not advise on or issue directions relative to any aspect of the nrcans, methods, techniques, sequences or Procedures of consuueion unless such is specifically called for in the Con structlon Conbaclls). 5. Shall not authorize The OtVNER 10 occupy the PROJECT W) or in Paul. in 6, Shall not Participate in specialized field or laboratory Jests or inspections conducted by others. 7. Shall not msisl Conlraclor(s) in maintaining upgo.dale copy Of Record Drawings. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES k401tIES EXHIBIT D DIRECT PERSONNEL EXPENSE Secretarial Drafts Person $3.00/hour 56.00/hour ■ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES 1(1ligdrl'I(XV ?d). M- 14f) HI:`.XMAN I()?I 1111111.), 1M INPAII Yirl'I'lilt ('ILAI UiI•:ti 'IT) (OUVIY AI_QII'IUlt 6UIt (UIJJ:CI'10:V IN '1111; ,3A,,, P.OINNI•;R AS A I1L5q'I]rl1' l,A..X VV111:1(I•;A:i, ch;yd(r :;:;-IG7. ('ud,. 1)I' Ordiu:ulr .v 1)f Lh,r City of Icnta Ci Ly, lots;(. pmvi(1a II,:,I IIn, ('iIm 1�41111•I I m::y (•(•1-I il)' 11npaid ,eater ch:uX;es Lu Lhu county nudilur fur (ul and l(•nlicm ill fit"s:uur 11"1111•1' its it property Lax, R'Ill•;ItI';Ati, Ih(•0• r, ir;l unpaid waL'r ch:u g(:: I�(r Lhu u%%11crs and pr,por'Lins, and in Ihr::111)([1111s, as sp(•cil'i:•d in o.Nhihil A, allm•b:1-1 Lr, this rosol[1l.ion and by I.his r('I'en•nr(' nrulo :( pn.1-1. 1101%.10" and I IV111i1tISAS, Lhu linutci I I'inrls LhaL "'('ho"' o"71("' hits t•eceived written uot.ioe by v(.1.1ifl:.xl unit. rclnrn nroipl. rrvpu• 1)l' :t h(r:u•inR to he hold Ix11'or:• Lhu Cil.y 01)1111(6i I ;if 7::Io 1).111. on Apri I ;t, 1979, in the C'rnmcil Ch:uulxa•s, Civic OmLov, 410 IL WaLJlinKLon SL., kmat CiLy, 1ow..j III which time the property oMtcr nosy bO h(:[1'(l romuruill) Lho wal,or chart:('. NOIY, '1'111?Itl•:14)1(Ii, Iil; 1'I' k1:S01V19) 13Y '11111 CI'T'Y (YXIN(;ll, or '1111; CI'PY 01•' jum CI'11', IOIYA, Lhnl. Lhu :;i LY Lrcastn'or is h0r(Iry ;nlllhoriz(xl Lo ccrLil'y Ill(! unpaid Valor cha.t•Ir(:s as dated in ::Xhihil. A aLl.::ch(rl. Io Lho Auditor of Joh,tson CotInLy, Irnr:t, I'0r col Iocl iuu in Ilio s;mx ncnuu (' as a prop(!t•Ly t.ax. IL uas Nn,wxl Ip( Balmer :1110 st-roll(I(el by deProSse Ilial. 1.111!Itus tlul.ion :x ri•a_f le, :IdopLed, 1)1x 1) 1 111x, 1-011 rill Llicre were: - AVIS: NAYS: AIt;INI': x _ I4, nlx r X Pnrrut. V ovora I'asr,(rl :11111 npproc:+l This t.c[ (I:ry 1)l. - 1111 ll - —' 1079. .Vlnyor- r ,( A'I'I'EST: Clork Johnson Co., Iowa APR 13 1919 4 �? OI INTY At IDI iU`•'}: (:'F:' t :: ! :i"-� i':' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES AGREEMENTS/CONTRACTS Attached are unexecuted copies of ; / 'Q, _ FVX i (,&e 7 9— iy5 . 411/3/-79J as signed by the Mayor. After their execution by the second party, please route 1) Ot'vK's F �p 3) 4) 5) JG '2 T! $4 ^ is to be responsible for completion of this procedure. Abbie Stolfus, CMC City Clerk 'Lti Ul- I l f �v.. 4, u •2/- ,l— 1 W'aE, p GLH y�.1GeQ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION No. 79-146 RESOLUTION CERTIFYING UNPAID WATER CHAM- TO cOUNTY AUDITOR roR ooLLECTION IN THE SAME MANNER AS A PROPERTY TAX. WHEREAS, chapter 33-167, Code of Ordinances of the City of Iowa City, Iowa, provides that the City Council may certify unpaid water charges to the county auditor for collection in the same manner as a property tax, and WHEREAS, there exist unpaid water charges for the owners and properties, and in the amounts, as specified in exhibit A, attached to this resolution and by this reference made a part hereof, and Wf1ERM, , the Council finds that each property owner has received written notice by certified mail, return receipt requested, of a hearing to be held before the City Council at 7:30 P.M. on April 3, 1979, in the Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa at which time the property owner may be heard concerning the water charge. NOW, THERMRE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the city treasurer is hereby authorized to certify the unpaid water charges as stated in exhibit A attached, to the Auditor of Johnson County, Iowa, for collection in the same manner as a property tax. It was ❑raved by Balmer and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl _ X— Neuhauser _cX Perret X Roberts x Vevera Passed and approved this 3rd day of April 1979. Mayor ATTEST: �t j City Clerk RECEIVED it G=r3Cq' A LLC 31-P �9 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES W 0 02-00888-4Deli nquent Acct: James R. Peterson, 715 N. Gilbert Owner: David J. Lilly and Annette Description: S 75' of E 77' of Lot 1 81k. 53 OT 02-01025-1 Delinquent Acct: Paul F. Maher, 230 N. Gilbert St. Owner: Oscar W. and John P. Smith Description: N 11.0' Lot 4 and E 10' S 40' Lot 4 OT all in Blk. 47 I eqrr pt --of 14 i 03-01730-3 Delinquent Acct: Paul Decious, 918 N. Dodge Owner: Charles H. Alberhasky or Mary Ellen Description: All Lot 46 sub. div. SE ; Sec. 3-79-6 } 06-03540-1 Delinquent Acct: Eric Carlson, 1010 N. Dodge Owner: Eric Carlson Description: All Lot 4 Blk. 2 Deweys Add. 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Water $ Sewer .8.86 3.44 12 30 Water $ 11.45 Sewer 4.45 15:90 Water $ 15.11 Sewer 5.88 20.99 Water $ 8.12 Sewer 3.16 11.28 i Lain.. t i� to ewer -_q_.43, M1 1 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES 2 11-06990-6 Delinquent Acct: George Schoephoerster, 435 S Summit St Water $ 5.64 Owner: David S. Sands Sewer 2.20 Description: S 60' Lot 14 Blk. 2 C.H. Berryhills 7.84 2nd Add. 12-7335-3 Delinquent Acct: Debra Holch, 1519 Muscatine Ave. Water $ 17.89 Owner: Richard T. and Mary E. Davin Sewer 6.96 Description: W 625' of Lots 22, 23 and 24 Blk. 10 24-85 Rundell Add. 12-7645-2 Delinquent Acct: Sandra Erikson, 1324 Muscatine Ave. Water $ 15.26 Owner: Cora Griffin Sewer 5.94 Description: All Lot 2 WC Motts Sub. Div. of part 21.20 of Blks. 5 and 7 Clark & Borlands Add. 12-7715-6 Delinquent Acct: Hartland Donley, 1112 Muscatine Ave. Water $ 8.64 Owner: Hartland G. Donley Sewer 3.36 Description: Com. 188.7' S of NW cor. of Lot 5 Blk. 2 12.00 NW 54' NE 45.9' W 3A' S 52' and SW to beg. Clark & Borland Add. 13-8465-2 Delinquent Acct: Mathew Lovelace, 1327 Cedar Street Water $ 18.20 Owner: Calvin D. and Valerie D. Siebert Sewer 7.08 i Description: Lot 1 Blk. 4 Pleasant Place 2nd S. Div. 25.18 16-10665-2 Delinquent Acct: Mike Hawotte, 2110 E. Court St. Water $ 22.44 Owner: James A. and Vivian S. Dunlap Sewer 8.73 Description: Lot 18 Dunlaps First Add. 31.17 16-11133-2 Delinquent Acct: Steven Fuller, 2115 E. Court St. Water $ 18.42 i Owner: Ralph K. Ihrig Sewer 7_17 Description: W 75' Lot 1 Blk. 20 EIC 16-11440-3 Delinquent Acct: Raymond Reschly, 2209 F Street Water $ 8.07 Owner: Raymond L. Reschly and Wava A. Sewer 3.14 Description: N Ir Lot 3 Blk. 6 East 11.21 � Relew) hewer--�^ .-1.e •DwneY: F.G. and A.K. and vmr• rb„i{e— -12 D- 16-11690-2 Delinquent Acct: Larry Kahn, 620 S. First Ave. Water $ 2.60 Owner: F.G. and A.K. and K.V. Gilbride Sewer 1.01 Description: Same as Acct. 16-11685-1 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES 17-11918-2 17-11918-3 17-12335-2 `y 3 Delinquent Acct: Cal McGowan, 902 Fourth Ave. Owner: Earl Yoder Description: Lot 4 Ex. E 20' N 75' thereof also S 75' W 20' Lot 3 all in Blk. 27 OT Delinquent Acct: Debbie Hicks, 902 Fourth Ave. Owner: Earl Yoder Description: Lot 4 Ex. E 20' N 75' thereof also S 75' W 20' Lot 3 all in Blk. 27 OT Delinquent Acct: Karen Kalergis, 2131 H Street Owner: Robert Lee Richardson and Kathleen A. Description: N 100' Lot 1 and E 20' N 100' Lot 2 Blk. 13 E Iowa City 21-15005-7 Delinquent Acct: Bobbie R. Bagwell, 813 Gilbert Ct Owner: Robert L. Woodburn or Mary M. Description: E 100' of Lot 7 Blk. 4 Lyons 1st Add. ,..d alley adj. to the H of E 100' Lot 6 21-15445-2 Water $ 14.62 Sewer 5.68 2 73U Water $ 36.26 Sewer 14.10 50.36 Water $ 40.21 Sewer 15.64 55.8 Water $ 32.74 Sewer 12.73 4 Delinquent Acct: Serendipity Pub, 1310 Highland Ct. Owner: Ken O'Donnell Description: Lot 24 Highland Park Add. 27-18780-2 Delinquent Acct: Joe Jones, 1214 Friendly Ave. Owner: Jack I. or Miriam J. Young Description: All Lot 38 Kirkwood Place I 27-18800-2 Delinquent Acct: Mark Rausch, 1215 Pickard St. Owner: Howard Porter IDescription: N 63' of Lots 26 and 27 Kirkwood Pl. 27-19230-4 Delinquent Acct: Wendy Gallien, 1600 Yewell St. Owner: Jeffrey I. DeFrance Description: Beg. 30' S of NE cor. SE. SW: Sec. 14-79-6 5 89 32' W 155' S 120' N 89 32' E 155' N 120' to I beg. ex. S 5' thereof and ex. E 55' thereof MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i Water $117.18 Sewer 45.57 162.75 Water $ 6.88 Sewer 2.67 9.55 Water $ 4.44 Sewer 1.72 i Water $ 3.88 Sewer 1.51 5.39 4 r 33-23935-3 Delinquent Acct: Joseph Ascroft, 814 Walnut St. Owner: Joseph and Ircne W. Ascroft Water $ 6.18 De• ription: E 54.4' of Lots 6 and 7 H Smith Sub. Sewer 2.40 Div. Part of SES SE4 NE4 15-79-6 8.58 35-25300-3 Delinquent Acct: Tom Cooper, 750 Grant St. Owner: L.R. Brumley Water $ 12.55 Description: Com. at SE cor. of Lot 11 Blk. 5 Sewer 4,88 Rundell Add. thence N 150' E 10' S S 150' and 17.43 W 10' to beg. 38-27630-2 Delinquent Acct: William Schutz, 2717 Wayne Ave. Owner: Clifford and Mabel Walters and George W Water $ 3.33 and Esther I. Breithreuz Sewer 1.30 Description: Lot 2 Blk. 5 Part 3 Towncrest Add. 4.63 W x 128' N and -S S of Ralston �Creek 41-29490-0 Delinquent Acct: Janet H. Koch, 606 Jefferson Apt. C Owner: Wayne C. Housel Water $ 10.08 Description: S 48' W 40' Lot 5 Blk. 26 OT Sewer 3.92 14.00 / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401PIES 43-31245-5 Delinquent Acct: Sheldon Ohringer, 329 N. Lucas St. Owner: George Jansen Description: E 60 of N 73' of Lot 1 Blk. 16 OT Water $ 1.66 Sewer .64 2.30 and College Ct. them Sec. 1,W 66 V S 80 -79 S 80' and E to beg. 611 S. Van Burn q5 53-38047-3 Deligquent Acct: Patrick Teubner, Owner: Jonn Schintler Description: E.50' ^Lots 1 and 2 N 30' E 50' LotAA Water $ 1307 . Sewer __ 13.99 Tracts A ana 1, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES a 6 54-39075-3 Delinquent Acct: William Jennings, 204 McLean St. Water $ 28.84 Owner: John T. Nolan Sewer 11.22 Description: Lot 13 Blk. 3 Manville Heights Add. 40.06 . '� :• ..• ..all II ffli� 59-43301-8 Delinquent Acct: Jeff Dreese, 201 Myrtle N6 Water $ 1.94 Owner: Marjorie Ziegler Sewer .76 Description: Ek of the foll. com. at a pt. 211' W 2.70 of Inter. of WA of Riverside Dr. and S/L of Myrtle Ave. W 110' S 160' E to pt. 160' S of beg. N 160' to beg. Sperry's S. Div. Lot C 59-43310-7 Delinquent Acct: Bob Pastor, 201 Myrtle #8 Water $ 2.51 Owner: Marjorie Ziegler .97 Description: Eh of the foll. com. at a pt. 211' W 3.48 of Inter. of WA of Riverside Dr. and S/L of Myrtle Ave. W 110' S 160' E to pt. 160' S of beg. N 160' to beg. Sperry's S. Div. Lot C 59-43325-7 Delinquent Acct: Bev Doran, 205 Myrtle N2 Water $ 10.11 Owner: LeRoy Ziegler Sewer 3.93 Description: A of the foll. com. at a pt. 211' of 14.04 WL of Riverside Dr. and S/L of Myrtle Ave. W 110' S 160' S of pt. of beg. N 160' to beg. Sperry's Sub. Div. Sec. 16-79-6 Lot C Stricklers 59-43330-5 Delinquent Acct: Twyla Carey, 205 Myrtle q3 Water $ 31.13 Owner: LeRoy Ziegler Sewer 12.10 Description: A of the foil, com. at a pt. 211' of 43.23 WA of Riverside Dr. and S/L of Myrtle Ave. W 110' S 160' S of pt. of beg. N 160' to beg. Sperry'g Sub. Div. Sec. 16-79-6 Lot C Stricklers 61-44365-2 Delinquent Acct: Kevin Kelly, 41 Lincoln Ave. Water $ 14.50 Owner: Fairbank Agency, Inc.; card shows Harry E, Sewer 5_64 and Myrtle B. Emerson 20.14 Description: Com. 12/5' N of SE cor. Lot 27 Suburban Hgts. NW 147.7' S 74' E 143 and N 58' to beg. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES NOINES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES µu1 r 8 64-47210-1 Delinquent Acct: Robert L. Conley, R.R. N6 Water $ 26.63 Owner: Hugh E. Sippel, Contract Owner Sewer 10.35 Description: ME cor. of Govt. Lot 2 Sec. 3-79-6 36.98 — --- UN 78-57065-1 Delinquent Acct: P.W. Prueitt, 1124 Oakcrest #10 Water Sewer $ 15.24 5.92 Owner: James L. or Carolyn A. Kacena 21.16 Description: Lots 11 and 12 replat of Lots 5 and 6 Part 4 Terrace Hill Add. 99-99555-1 Delinquent Acct: Hong Kong Rest., 715 S. Riverside Dr. Water Sewer $ 63.22 24.59 Owner: Lassies Red Barn, Inc. 87.81 Description: All Lots 2 and 3 Blk. 1 Cartwrights Add. and ' of alley on W exc. Highway QGI�� 33 MICROFILMED BY JORM MICROLAB CEDAR RAN DS -DES 1401NES 68-49235-5 Delinquent Acct: Robert Hout, 115 S. Dubuque Water $ 3.54 1.37 Owner: Roy J. Koza Description: S 20' of E 70' of Lot 1 Blk. 81 OT Sewer 4.91 69-50280-2 De "nquent Acct: Mark Fuller, 320 Westminster St. Water $ 14.28 Owner: David W. and Shirley A. Day Sewer 5.56 Description: Lot 21-D Oak Woods Add. Part One 19.84 69-50375-1 OP 4*quem-Aee 2 Da&Gr4ptinAi Int 2Q -A Oak WeBds u_-McGannR,-2g1} fA-SOo 5r0—ve-l-itlquR,,.-.r�r'�"— Add- #1 Stanferd Ave • x n 56 -1-47 oyne MCG3nnell jr. 78-57065-1 Delinquent Acct: P.W. Prueitt, 1124 Oakcrest #10 Water Sewer $ 15.24 5.92 Owner: James L. or Carolyn A. Kacena 21.16 Description: Lots 11 and 12 replat of Lots 5 and 6 Part 4 Terrace Hill Add. 99-99555-1 Delinquent Acct: Hong Kong Rest., 715 S. Riverside Dr. Water Sewer $ 63.22 24.59 Owner: Lassies Red Barn, Inc. 87.81 Description: All Lots 2 and 3 Blk. 1 Cartwrights Add. and ' of alley on W exc. Highway QGI�� 33 MICROFILMED BY JORM MICROLAB CEDAR RAN DS -DES 1401NES l RESOLUTION NO. 79-147 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR A STATE TRANSIT ASSISTANCE CAPITAL AND OPERATING GRANT FROM THE IOWA STATE DEPARTMENT OF TRANSPORTATION. WHEREAS, the City of Iowa City, Iowa, has undertaken to provide its residents with a public transportation system, and 1 WHEREAS, the City wishes to continue its current level of transit i service, and make certain capital acquisitions, and WHEREAS, the Iowa State Department of Transportation is offering a State Transit Assistance Capital and Operating Grant which is designed to assist local governmental units in assuming the considerable financial burdens of a public transportation system, and WHEREAS, the State Transit Assistance Grant is being applied for in the amount of $214,274.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, that the Mayor be directed to execute an application to the Iowa State Department of Transportation, Public Transit Division, for a State Transit Assistance Capital and Operating Grant. It was moved by Perret and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl _x Neuhauser x Perret X _ Roberts x Vevera Passed and approved this 3rd day of Aprill, 1979.D MAYOR ATTEST: w!� r , �J CITY CLERK RrC%;VP^ R g H H 3 15 6167 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES IOWA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSIT DIVISION STATE TRANSIT ASSISTANCE GRANT APPLICATION FISCAL YEAR 1930 Submitted by TIRE CITY OF IOl4A CITY, IOWA Robert A. Vevera, Mayor Prepared by: Hugh A. Mose Transit Manager Keith Friese Transportation Planner MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 66 7 Applicant's Legal Name: Mailing Address: Civi Iowa APPLICATION LEITER of Iowa Telephone Number: 319 / 384-1800 (Area) Date: April 3, 1979 Capital Assistance: $ _10,074 Operating Assistance: $ 204,200 Total Amount Requested: $ 214,27 Signature: Title: Mayor City of Iowa City, Iowa MICROFILMED 8Y JORM MICROLAB CEDAR RAPIDS•DES MOINES r. AIIIiIORIZING RESOLUTION We, hereby, authorize the City of Iowa City, Iowa (Applicant's legal name) on April 3, 1979 (date) to apply for $ 214 274 (total amount of fiords) to be used for Capital and Operating (capital and/or operating) assistance under the state transit assistance program and enter into contract with the. Iowa Department of Transportation, Name: Cit Council, City of Iowa City, Iowa /r (Applicant's Governing Body) Title'--Mavor.f owa cit Iowa Address: r{.4,_ :. .. Telephone: 319 / 354-1800 (Area) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES J Z i OPINION OF LEGAL COUNSEL i It is my opinion that the City of Iowa City, Iowa (applicant's legal name) has the authority to apply for state transit assist- ance funds and expend such funds if awarded in accordance with Iowa Department of Transportation Rules 820-(09,B)l as adopted September 7, 1976 by the Trans-. portation Commission and approved on October 13, 1976 by the Legislative Rules Committee; that the above name is a duly constituted agency in accordance with the laws of Iowa; and•that there is no existing or threatened legal impediment to the above named applying for or receiving such funds, or carrying out the project if successful in being awarded such funds. Name: Address: —Ciyir Center, 410 F ct Washington Street Tnwa City: Iowa 9974 Telephone: / ( ea - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Agency Nava City of Iowa City YY 1980 ACCOUNT FOR ALL PERSONNEL BY PERSONNEL I, g ' JOB TITLE OR CLASSIFICATION (Do Not List 11 mos) YEARLY NO. or TOTAL YEARLY EMPLOYERS SITARS OF YEARLY YEARLY PERSONNEL SALARY PERSONS SALARIES (bac) 771E YEARLY FICA/IPEPS FRINGE BENEFITS COSTS (dlot•E) 1. Transit Manager $17,998 1 $ 17,998 $ 2,421 $ 1,014 $. - 21,433 2. Senior Driver 12,624 1' 12,624 1,698 711 15,033 3. Transit Operations Asst. 12,277 1 12,277 1,652 -692 14,621 4. Maintenance Worker II 10,387 1 10,387 1/ 397 585 12,369 5. Account Clerk - Part time 5,145 1 5,145 692 290 6,127 6. Bus Drivers 10,157* 19 192,981 25,960 10,876 229,817 7. Bus Drivers - Part time 6,692* 22 147,220 19,804 8,297 175,321 ' 8. Maintenance Workers I - Part time 5,333* 2 10,666 1,435 601 12,702 Subtotal $409,298 $ 487,423 9. Temporary 6 Overtime Wages,.. 31,651 31,651 � 10 Wa a Adjustment 22,511 22 511 TOTALS 48 $463,460' $ 55,059 $ 23,066 $ 541,585 k TOTAL PERSONNEL COSTS $ 541,585 I " _Bus Drivers and Maintenance Workers' wages vary; these figures represent average yearly wages of all employees in the job classification. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tI0111ES 1 CONIINUATICN OF FUNDING r� We, owa (agency name), realize that state transit assistance funds are appropriated by the State Legislature on a year-to-year basis. We also realize that if such funds are awarded as a result of this application, there is no guarantee of additional funding, either in the present or future years. We also realize that if future funds are either not awarded or not available it will be necessary to provide financial support for transit services from sources other than the Iowa DOT Transit Assistance program. Our plans for financing transit services after Iowa DOT transit funds are depleted are as follows: Name:cit Council, City of Iowa City, Iowa ApRjlicqt s Governing B y ii By: iJ Signature Title: Mayor, City of Iowa city Address: Civic Center, 410 E. Washington st. Iowa City, Iowa 52240 Telephone: _ Arca MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES l GRANT APPLICATION SIIMMARY I REGION/URBAN AREA City of Iowa City Funds Suggested Funds Requested $ 214,274 Funding Recommended for Approval (for Iowa DOT use only) use of Project Funds: Operating Deficit _ $ 204,200 Capital Expenditures $ 10,074 'OPERATING BUDGET Expenses $ 936,265 Revenue $ 391,732 Support —S 544.571 OPERATING SUPPORT Source Amount Federal Revenue Sharing $ 293,413 Tort Liability Levy $ 46,920 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES TOTAL $ 340,333 Iowa DOT $. 204.200 CAPITAL BUDGET CAPITAL SUPPORT Source Amount Expenses $ 407,632 Federal Revenue Sharing $ 16,027 UMTA Grant (Sect. 18/3) $ 319,720 Capital Items State Grant (FY 178) $ 14,730 State Grant (FY '79) $ 15,161 City Equipment 3 45 -pass. coaches $ 319,200 Replacement Reserve $ 31,920 Two-way radios $ 36,200 — Bus stop signs$ 20,250 — Rus stop shelters $ 24,000 _ officn & shop equipment $ 2,786 TOTAL $ 397,558 Pre -engineering -New Transit Facility $ 5,196 IOWA DOT $ 10,074 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES l Fe" 070007 eae OPERATING REVENUE General Revenue Cash Pactannarc 1 I General Chartedi i l School Revenue j Passes and C' a Charter Sub -Total Ott pf TR�1•sQ SUMMARY FINANCIAL OPERATING STATEMENT o- for 30 City _City of T IOWA. FROM July 1, 1979 — June 30, 1980 265,000 $ 275,000 STATE FUNDS %STATE FUND TO REQUESTED I TOTAL BUDGET 1 I -w'n ntVtlYUt (A) I S 375 000 $ 390, 000 `y_aY�•ri:•' •= y `l;;+i �� ;.r'ed:tit'i`•�SS•.,-.�ie:7.::r,,... OPERATING EXPENSES General and Admini s t ration $ 84,468 ACCCunIiO — 95 022 20 724 21. Insurance and Safe[ 44,683 +* 46,920 +* + 0 eratin T,,A, 51,300 55,059 10 233 0 erationsSu ervision 18,027 12 008 i Maintenance 286,440 20,182 4 402 . Trans Dilation 380,475256,440 55 930 Service aril Cleaning 408 432 89 079 Purchasin and Invenuuy 24 353 24 410 l Marketing 7 060 6 550 20 650 23 25 TOTAL EXPENSES NUN-OPERAIINC INCOhIE Interest I Adverlisin^ 1 000 1 732 TOTAL NON -0P, INCOAIE (C) $ 11000 S l NETINCOME (LOSS) 1,732 541,456) (S 544,533) S 204,200 37.5 • Note: Du not list un this form any subsidies receivrd • see Section 9. • *" Budgeted separately from transit. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I1011JES B N+ N,wl 02oo06 Page &76 �a�•.,� DETAILED R 1 of 3 c' I FINANCIAL OPERATING STATEMENT for ����✓ city of Iowa city FROM 7/1/79 - 6/30/80 IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401NES FISCAL YEAR 197&1979 ACT. EXPENSES FISCAL YEAR 1979_1980 BUDGET STATE FUNDS REQUESTED STATE FUNDS TO TOTAL BUDGET GENERAL 6 ADMINIS.: 17 99818 988 4 141 21.8' Salary. -General Mgr. Expense -Gen. Mgr. Gen. Employee Travel Salaries -Staff Gen. Employee Exp. Dues 4 Subscriptions Office Supplies Gen. Medical Exp. Accounting Fees Professional Fees- Vacation/Sick Leave Telephone Group Life Insurance Ace, $ Health Wages Employee Hosp. Ins. Pension Costs Transit Planning Trustee Expense Aid in A{)Pnripg Mi crnl l anPn IC TOTAL GEN./ADMIN. ACCOUNTING: Salaries $ Wages Office Supplies Vacation/Sick Leave Accounting Services Revenue Security Exp. 1 775 2 320 506 5 145 5 428 1,184 _ 1,000 218 5D 229, 171 _ _ 2;200 2,500 545 „ 19 000 23,11066 5,03T 1.2002 62 4_ 32.c)no 7 n 7 II a TOTAL ACCOURTING INSURANCE & SAFETY: Ins. 6 Safety Wages PA 6 P/D Insurance Injuries .G Damages Workmen's Comp. Fire 6 Theft Ins. Equip. Acc. Rprs. Rev. Equip. _ 37 294 39 160 8 541 _ 70 6,510 1,420 44,683 I $ 46,920 I $ 10,233 21.8 TOTAL INS./SAFCTY S IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401NES OPER. TAXES B LICENSES: Fuel Taxes Social Security Taxes I.P..R.S. UnemEployment Taxes TOTAL OP.TAX& LIC. OPERATIONS SUPERVISION: Salaries $ Wages Office Supplies i Vacation/Sick Leave Utilities EUcuipment Servicing TOTAL OPER. SUPV. i MAINTENANCE: Supervisory Salaries Mechnics Labor Repair to Serv. Equip. Vacation/Sick Leave i Maint. Supplies - Rev. Equipment Repair Parts - Rev. Equipment Outside Towing Main enanrn by j nnnthnr rihy n t, j TOTAL MAINTENANCE i TRANSPORTATION: Supv. & Adm. Wages Drivers Wages Rents for Terminals Vaca, L Sick Leave Diesel Fuel Gasoline Motor Oil Anti -Freeze Rofrigcrant Tires/Tubes Rev. Eqp JIni fnrrmc ! Micerllanrouc f TOTAL TRANSPORTA. 18,027 [_q__ 20,182 S 4,402 21.8 16 00950i2T29 m 80,475 ( ' 4 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES E DETAILED Page 2 of S FINANCIAL OPERATING STATEMENT for _City of Iowa City FROM 7/1/79 - 6/30/80 [SCAL YEAR FISCAL YEAR STATE 1978-]979 1979-1980 STATE FUNDS FUNDS TO :T.EXpENSES BUDGET RE UESTED TOTAL BUDGET 51,300 $ 55,059 $ 12,008 21.8 51,300 $ 55,059 $ 12,008 21.8 12,277 $ 12,952 $ 2,825 21.8 18,027 [_q__ 20,182 S 4,402 21.8 16 00950i2T29 m 80,475 ( ' 4 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES E TVICE $ CLEANING: Supv. $ Adm. IYages Service Wages Vacation/Sick Leave Serv. Supplies - Rev. Equipment TOTAL SERV./CLEAN. PURCIIASING L INVENTORY: Salaries 6 Wages Repairs Bldgs/Grnds. Vacation/Sick Leave !Iain. Supplies - Bldgs/Grnds. !fisc. Purch. 6 Stores Exp. Freight Bn r_fi�q M� r+ilc TOTAL PUR./INVEN. DIARKEIING: Salaries $ Wages Tickets E Schedules Media Advertising Special Promotions Agency'Fees g Misc. I Office Supplies j Vacation/Sick Leave Misr_allanpnn¢ I d.�"..,•..-.3 _ o,P �u_ _ 429 21.8 100 8 500 $ 1 854 21.8 000 12 600 2 748 500 2 100 4 �YL+..y,nx7.ryyr��.r.,c•�.�n. ,$ 21.8 DETAILED TOTAL MARKETING $ 650 $ $ Page 3 of 3 FINANCIAL OPERATING STATEMENT ,2y0, ��.M�'/-a fw.YJi.ftl rfm..`Ily.,}M.. . for y'•i �.Y� r;ty of Towa r; ty FROM 7/1/79 - 6/30/80 !SEAL YEAR FlSCAI. YEAR 1978-1979 1979-1980, STATE FS STATEIND FUNDS TO :T.EXPc-NSES BUDGET RE UESTED TOTAL BUOGE7 10,387 $ 10,958 $ 2,390 21.8 10,666 11,252 2,454 „ 3 300 2 200 480 21.8 24,353 $ 24,410 $ 5,324 21.8 3 500 5 000 $ 1 091 21 8 T�v e.; TOTAL MARKETING $ 650 $ $ 23,250 I 5,071 ,2y0, ��.M�'/-a fw.YJi.ftl rfm..`Ily.,}M.. •.....n. y'•i �.Y� T�v e.; TOTAL MARKETING $ 650 $ $ 23,250 I 5,071 ,2y0, ��.M�'/-a fw.YJi.ftl rfm..`Ily.,}M.. •.....n. y'•i �.Y� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES !101NES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES STATISTICS Projected Amount for Projected Amount Statistics Previous Fiscal Year For Fiscal Year Net 1978 - 1979 1979 - 1980 Change Cage !Total Passengers I Annual Revenue %les of Operation 1,650,000 1,700,000 50,000 + 3.09 Number of Vehicles 650,000 680, 000 30,000 + 4.69 Type (Bus/Van/Etc.) 20 Transit Coaches Year of Manufacture 1-1952, 1-1967, 2-1974 same - 'Passenger Capacity : - 4 12-1971 3-1977 same -- -- I 'Peak Period Usage � Off -Peak Usage 16 school ear onl same __ ! Hours of Operation 12 14-- 2 + 16.79 57,000 60,000 3,00 + 5.38 Days of Operation Monda -Saturday Number of Routes -- • 6 route pairs Fares ro to airs 1 + 16.79 Adult Elderly i Handicapped School Peak (Ail categories) Off -Peak 250 game Elderly Fh Handicapped School Field Trips Free same -- -' 150 same _ - Bus &Shop -- Monthly Pass (Unlimited 150 same -- -- trips) $8.00 same MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Project Description/ Funding Agency 3 Transit Coaches TOTAL FEDERAL (sec. 18/3) IDOT i LOCAL 750 Bus Stop Signs TOTAL FEDERAL (Sec. 18) IDOT LOCAL 20 Bus Stop Shelters .: TOTAL FEDERAL (Sec. 18) IDOT LOCAL 25 Radios (22 Bus, 2 Auto G 1 Base) TOTAL FEDERAL (Sec. 18) IDOT LOCAL IOWA CITY Funds Previously Committed CAPITAL GRANT REQUEST - Funds Transferred, To Project FY '80 Funds Requested/ Needed FY '80 Total Estimated Cost j $ 16,500 $ 18,431 $ 284,269 $ 319,200 --- 255,360 255,360 9,000 (FY 178) 12,846 (a) 10,074 31,920 7,500 (FY 178) 5,585 (b) 18,835 31,920 4,050 - 16,200 20,250 j - - 16,200 16,200 2,025 (FY 179) - - 2,025 - 2,025 (FY 179) - - 2,025 • i j 4,800 - 19,200 24,000 - - 19,200 19,200 j 2,400 - - 2,400 2,400 - - 2,400 5,860 1,380 28,960 36,200 28,960 28,960 2,930 690 (c) - 3,620 2,930 690 (c) - 3,620 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES (a) Funds previously committed for: $5,085 Bus Stop Signs/Shelters; $2,800 Shop Equipment (FY '78); $4,961 office and shop equipment (FY 179). (b) Funds previoulsy committed for:. $5,085 Bus Stop Signs/Shelters; 500 Supervisory Auto. (c) Funds previously committed for: $690 Bus Stop Signs/Shelters. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES IOWA CITY CAPITAL GRANT — REQUEST - FY '80 (Cont'd ) i Project Description/ Funds Funds Funding Agency Previously Transferred Funds Total To Project Re quested/ / '80 Estimated Needed FY Cost Office & Shop Equipment TOTAL _ _ LOCAL _ - $ 2,786 $ 2,786 2,786 v 2,786 Preliminary Engineering New Transit Facility TOTAL LOCAL - 5,196 5,196 - 5,196 5,196 (a) Funds previously committed for: $5,085 Bus Stop Signs/Shelters; $2,800 Shop Equipment (FY '78); $4,961 office and shop equipment (FY 179). (b) Funds previoulsy committed for:. $5,085 Bus Stop Signs/Shelters; 500 Supervisory Auto. (c) Funds previously committed for: $690 Bus Stop Signs/Shelters. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES ■ SUMMARY TOTAL FUNDING NEEDED FOR CAPITAL PROJECTS $ 907,632 UMTA, Sections 18/3 Funds Needed 'DOT Transit Assistance Funds Needed $ 319,720 Iowa City Funds Needed $ 39,965 $ 47,947 TOTAL FUNDS PREVIOUSLY COMMITTED (FY '78 179 & ) S 56,217 UMTA, Sections 18/3 Funds Committed IDOT Transit Assistance Funds Committed S _ `0 Iowa City Funds Committed $ 29,891 $ 26,326 TOTAL FUNDING COMMITMENT - FY 180 $ 351,415 UMTA, Sections 18/3 Funds Requested IDOT Transit Assistance Funds Requested $ 319,720 Iowa City Funding Responsibility $ 10,074 $ 21,621 Funding Priority by IDOT/UMTA The following project priorities have been established for funding by IDOT/UMTA: 1. 3 New Transit Coaches 2. 25 Radios 3. 750 Bus Stop Signs 4, 20 Bus Stop Shelters MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES SUPPORT INFORMATION I IOWA CITY CAPITAL GRANT REQUEST - FY 180 The City of Iowa City is requesting a total of $329,974 in capital grant funds in FY 180. Of this, $319,720 is requested from UMTA, Section 18/3 funds. The remaining $10,074 is requested from the State Transit Assist- ance Program to match federal (Section 18) funds. The City of Iowa City will also commit $21,621 for its share of the projects.' All projects requiring a commitment of state funds were justified and funded in previous IDOT state transit assistance grants. Federal funding for the three (3) transit coaches has been requested in an UMTA Section 3 Capital Grant Application (IA -03-0032). A copy of the application has been submitted to the IDOT, Public Transit Division. This application also meets all re- quirements necessary to request funding under UMTA, Section 18. The re- maining capital projects are compatible with the equipment requested in the Section 3 grant application and were initially included in the applica- tion. However, under advisement from the UMTA, Region VIZ office in Kansas City, these capital items were deleted. Iowa City is now requesting funding for these items under Section 18. In accordance with the Emergency Regulations for Section 18 funds (see Federal Register, Vol. 42, No. 240; 12-13-78), support information must be provided for all project requests for Section 18 funding. This information must address eleven specific points. It is as follows: 1. Project Description: 750 Bus Stop Signs 20 Passenger Shelters 25 Radios -22 bus, 2 auto and 1 base 2. Project Coordination: See Section 3 grant application - Exhibits B, F, G & J. 3. Public Involvement: See Section 3 grant application - Exhibits F & G and the public hearing process that is part of the Iowa City state transit grant application. 4. Private Enterprise Involvement: Iowa City has sought and will continue to seek the involvement of local private transit operators where possible. Currently, a contract is being negotiated with A Better Cab Company to provide elderly and handicapped transportation service in Iowa City. The capital equipment requested in this application cannot be provided by local private transit operators. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 5. A-95 Review: The A-95 Review process will be completed as part of this appli- cation. 6. Labor Protection Provisions - Section 13(c): Iowa City has in the past agreed to the provisions of Section 18(c) of the Urban Mass Transportation Act of 1964, as applicable (see Section 3 grant application) and will agree to the same provisions under Section 18. 7. Title VI Civil Rights: Iowa City has in the past agreed to the provisions of Title Vi, Civil Rights Act of 1964, 42 U.S.C. 2000d, and Minority Business Enterprise activities (see Section 3 grant application) and will agree to the same provisions under Section 18. S. Environmental Assessment: i See Section 3 grant application, Exhibit L. 9. Project Budget: See Iowa City Capital Grant Request FY '80 in this application. 10. Provisions for Elderly and Handicapped: See Section 3 grant application, Exhibit M and the above Private Enterprise involvement. 11. Charter and School Bus Provisions: Iowa City has in the past agreed to the provisions relative to charter and school bus operations (see Section 3 grant appli- cation) and will agree to the same provisions under Section 18. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES CITY OF IOWA CITY FUNDING FOR CAPITAL GRANT PROJECTS'- FY '80 Bus Stop Signs/Shelters This project was previously approved by IDOT in FY '79 as part of Iowa City's state transit assistance grant. Funding commitments and needs for this pro- ject -were as follows: FUNDS COMMITTED FUNDS NEEDED TOTAL Iowa City IDOT Subtotal Federal $ 10,200 $ 10,200 $ 20,400 $ 81,600 $102,000 This project is now revised and requires the following funding levels: Iowa City IDOT Federa�c. 16) TOTAL $ 4,425 $ 4,425 $ 35,400 $ 44,250 As a result of the project revision, there is an excess state and local financial commitment to this project. It is as follows: IOWA City IDOT $ 5,775 $ 5,775 It is requested that the excess funds be reallocated as follows: Funding Commitment To Iowa City Imo, Radios Project $ 690 Transit Coaches Project 5,085 $ 690 TOTAL 5,085 5,775 5,775 0 Radios This 'project was previously approved by IDOT in FY 178, as part of Iowa City's state transit assistance grant. Funding commitments and needs for this project were as follows: FUNDS COMMITTED FUNDS NEEDED TOTAL Iowa City IDOT Subtotal Federal $ 2,930 $ 2,930 $ 5,860 $ 23,440 S 29,300 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES This project is now revised and requires the following funding levels: Iowa City IDOT Federal (Sec. 18) TOTAL $ 3,620 $ 3,620 $ 28,960 $ 36,200 It is requested that funds previously committed for the Bus Stop Sign/Shelter project be used to cover the added cost of this project. Funding Commitment From Iowa City IDOT Original Radio Project $ 2,930 $ 2,930 Bus Stop Sign/Shelter Project 690 690 TOTAL $ 31620 $ 3,620 Transit Coaches This project was originally for the purchase of one transit coach. It was approved in FY '78, as part of the Iowa City state transit grant application. Funds committed or needed for this project were as follows: FUNDS COMMITTED FUNDS NEEDED TOTAL Iowa City IDOT Subtotal Federal (Sec. 3) $ 71500 $ 9,000 $ 16,500 $ 66,000 $ 82,500 This project is now revised to 3 transit coaches per the Section 3 capital grant application and requires the following funding levels: Iowa City IDOT Federal (Sec. 18/3) TOTAL $ 31,920 $ 31,920 $ 255,360 $ 319,200 It is requested that the added state and local cost of this project be covered with funds previously committed and with an additional commitment of funds for FY '80. Funding for this project is as follows: Funding Commitment From Iowa City IDOT Original Bus Project $ 7,500 $ 9,000 Bus Stop Signs/Shelter 5,085 5,085 Shop Equipment (FY 178) 2,800 office/Shop Equipment (FY '79) 4,961 Supervisory Auto (FY 179) 500 Transit Assistance Grant (FY 180) 10;074 Iowa City (FY 180) 18,835 TOTAL $ 31,920 $ 31,920 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES 1 1. jVacuum, Scrubber s Calculator These items are estimated to cost $2,785 which will be funded with Federal 1 Revenue Sharing funds, as part of Iowa City Transit's FY '80 budget. I Preliminary_ Engineering for New Transit Facility I ! This item is estimated to cost $5,196 which will be funded with Federal Revenue Sharing Funds, as part of Iowa City Transit's FY '80 budget. i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES SUPPORT INFORMATION IOWA CITY OPERATIONAL GRANT REQUEST FY 180 The City of Iowa City is requesting $204,200 in state transit assistance funds to cover the projected operating cost of the Iowa City Transit system. This request represents the accurate financial needs of the system based on a realistic budget forecast of expenditures and revenues during fiscal year I 1980. Further, this request takes into consideration the strong local commitment of financial resources and the system's ability to consistently achieve its stated goals. j A review of Iowa City transit system budgets from previous years in relation to actual reveneus and expenditures shows that the system has consistently operated within its budget while receiving higher than expected farebox revenues. This achievement is the result sound financial management and agressive efforts to meet the transit needs of the public. These facts are documented in the FY '79 Transit Development Program Update (TDP) for the 3 Iowa City-Coralville urban area. The TDP update identifies eight performance indicators by which the twelve largest transit systems in Iowa are evaldated. The following shows three of these indicators which are characteristic of financial performance. each case, Iowa City is operating more efficiently than the average for other systems in Iowa. Indica tor Iowa City Average Cost Per Mile State $ 1.16 Average Cost Per Ride $ 1.24 Operating Deficit Per Ride 0.46 0.78 0.44 0.48 As for meeting the public's transit needs, Iowa City is among the very best in the state. The two indicators below clearly illustrate this point. Indicator Iowa City Transit State_ AveerdQe Revenue Miles Per Capita 11.36 miles 7.70 miles Ridership Per Capita 28.65 persons 12.28 persons j Iowa City's strong financial support of its transit system is indicated by the operating deficit per capita. The average per capita operating deficit in Iowa City is $8.14 while the average for other transit systems in the state is $5.38. This reflects Iowa City's general philosophy of providing a higher level of service through municipal financial support while encouraging maximum transit usage through low fares and other municipal policies. The average fare in Iowa City is 23C as compared to a 34Q average for the remainder Of the state. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140IRES i 1 Despite the negative financial impact of a lower than average fare policy, Iowa City Transit has maintained a ratio of revenues to expenses of .49. This is also indicative of sound financial management. The $204,200 requested for operating support is based on actual transit system needs, rather than the suggested guidelines used by the IDOT, Public Transit Division, to evaluate a system's maximum financial needs. It, however, is important to note that this request is within three of the evaluation criteria that have been identified by IDOT. They are: a) The State will fund local transit deficits in excess of a 2 -mill property tax levy. b) The State will fund between 40 and 45 percent of the transit operating deficit. c) The State will fund approximately 25 percent of overall transit operating expenditures. If the City of Iowa City were to request State assistance based on transit sup- port beyond a 2 -mill property tax levy, the amount of assistance could be cal- culated as follows: Given: Projected Operating Deficit = $ 544,533 2 mills of Property Tax in Iowa City = 293,732 Therefore: Transit Cost Beyond 2 Mill Levy = $ 250,801 Using this criterion, a grant application of about $250,000 would seem reason- able. If the City of Iowa City were to request State transit assistance based on 40% to 458 of its transit operating deficit, the corresponding amount could be calculated as follows: Given: Projected Operating Expenses Projected Operating Income Projected Operating Deficit Therefore: 408 of Operating Deficit 458 of Operating Deficit FIICROPILMED BY JORM MICROLAB CEDAR RAPIDS -DES I10111ES $ 936,265 = 391,732 = 544,533 $ 217,800 245,000 , Using this criterion, a grant application in the range of $217,800 to $245,000 would appear logical. If the City of Iowa City were to request State transit assistance based on 258 of its operating expenses, the amount to be requested could be calculated as follows: Given: Projected Operating Expenses $ 936,265 Therefore: 258 of operating Expenses $ 234,066 appropriate Using this criterion, the a Proximately $234,000. e grant application should be for ap- In all cases the City of Iowa City's request of $204,200 is far below the maximums calculated using the above criteria. Iowa City Transit has or Will meet all of the seven goals identified assistance grant. The folin its FY '79 state transit shments of Iowa City lowing is a summary of the Transit. goals and the accompli - 1• Goal: I To supplement elderly and handicapped - transit service provided by Johnson County SEATS Accomplishment: using taxi service. A contract is being negotiated with A Better Cab Company and service will be implemented by the end Of FY '79. � 2• Goal: j To continue and build j+ upon the FY 178 marketing program, which will result in an increase i by 27. of annual patronage Accomplishment: A comparison of ridership during the first eight months' of FY '79 with the same period in FY 178 showing an increase of 15.9%• 3• Goal: To continue evenin 9 service Passengers with an average of 300 per evening. Accomplishment: Evening ridership during the low ridership summer months was below the average; however, ridership during the late fall and winter has been far above the stated goal. Currently, evening ridership for '79 1 I FY is averaging over 300 passengers per evening. ' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401NES i' 4. Goal: To Provideeak- P period tripper during the school year I with an average of 500 passengers per day during January and February. Accomplishment: The average ridership during the two month Period was in excess of 600 passengers per month. 5. Goal: To continue the Johnson County SEATS service for elderly and handicapped with a monthly average of 833 trips. Accomplishment: For the first six (6) months of FY 179, SEATS trips in Iowa City have averaged 1,050. 6. Goal: To continue half-hour service on Saturdays with a 58 increase in patronage over the previous fiscal year to 3,150Passengers. Accomplishment: Saturday ridership for the first eight months of FY '79 have averaged nearly 3,200. I 7. Goal: To retain the Present half-hour midday service during the summer months. Accomplishment: This service has been retained. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION NO. 79-148 RESOLUTION IOWA, TOPURSUE HARH HOUSING REHABILITATION PROGRAM WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of Iowa (1975), to formulate a program for utilizing appropriate private and public resources to eliminate slums and prevent the development or spread of urban blight and to encourage urban rehabilitation, and WHEREAS, the City Council has budgeted Community Development Block Grant funds to engage in a Housing Rehabilitation program, and WHEREAS, part of said program involves grants, as a method of financing property rehabilitation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY i OF IOWA CITY, IOWA, that the City Council has approved the above program and methods of financing and authorizes its implementation as outlined in the Emergency Repair and Home Winterization program. It was moved by Robert and seconded by Balmer that the resolution as read be adopted, and upon roll callcall t---- here. AYES: NAYS: ABSENT: r Balmer x deProsse x Erdahl — xNeuhauser x Perret --x—Roberts x Vevera i Passed and approved this 3rd day of April i 1979. Y MAOR j ATTEST: /2x'/�- % i Y CLERK i RECEIVED b APPROVED B�, G DFP , aRT BY LF � 1S 3�2q 6G 8 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 'r. N.�'�+.�R�;�!'OkL 'I 111111111im 111111 1 CHAPTER 1. GENERAL 1. LEGAL AUTHORITY FOR EMERGENCY REPAIR AND HOME WINTERIZATION. Grants to perform emergency repairs or winterization of owner occupied single family residential structures located in certain neighborhoods are authorized by City Council utilizing Title I assistance under the Housing and Community Development Act of 1974, as amended. 2. DEFINITIONS. Following are definitions of various terms as used With respect to emergency repair and home winterization grants. a. Disabled. For the purposes of this program a person shall Fe considered disabled when that person receives social security disability compensation or disability compensation - from other public assistance organizations. ' b. Elderly. For the purposes of this program it shall mean any 1 one or more of the property's title holders who is sixty (60) years of age or older. C. Family. The applicant's family includes the applicant and any other person or persons related by blood, marriage or operation of law, who share the same dwelling unit. d. Liquid Assets. Property that can be readily converted into cash without appreciable loss in value such as: savings accounts, and/or stocks and bonds. Equity in the dwelling to be rehabilitated or a motor vehicle when used for transportation to and from employment or school is not considered when computing liquid assets. e. Owner. Means one or more natural persons who hold legal tit to a property to be rehabilitated. Iv f. Owner -Occupied Property. A property occupied by the owner that is used entirely for residential purposes and that contains one dwelling unit. i g. Repair Cost. The total cost of emergency repairs or winterization improvements incurred by the grantee that are includable in an emergency repair or home winterization grants, whether or not financed in part with funds from other sources. h. Construction S ecialist. An employee of. the City's epartment of Housing and Inspection Services charged with — the duties of administrating the specific aspects of emergency repair grant and home winterization programs. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIMES CHAPTER 2. PROJECT FINANCING AND ELIGIBLE PROJECT COSTS 1. GENERAL. This chapter covers City Council provisions required Tor the making of emergency repair and home winterization grants, sources of funds to be used for making grants, program reimbursement for advanced fees, and the costs in connection with emergency repair and home winterization grants that are eligible projects costs. 2. PROJECT FINANCING. Emergency repair and home winterization grants may be made only if there exists a City Council resolution _ approving the area for emergency repair and home winterization grants and a sufficient appropriation of funds to finance said grants. — a. Inclusion of Grant inProiect Budgets. The amounts for emergency repair and home winterization grants shall be included in the Community Development Block Grant budget as — approved by the City Council. -' b. Source of Funds for Rehabilitation Grants. Funds to cover an approved emergency repair and home winterization grant shall be provided by the City from project funds in accordance with the procedures established herein. 3. ELIGIBLE PROJECT COSTS. The costs described below, related to the processing of emergency repair and home winterization grants are eligible project costs in a neighborhood as approved by the City Council. Provision shall be made for these eligible project costs in the budget which is appropriate for the program involved. j a.City Overhead and Third -Party Contracts. The following costs incurred in the processing and administering of emergency repair and home winterization grants are eligible project costs, to the same extent as costs incurred for _ other eligible project activities. (1) City cost for staff salaries, wages, and general over- head. (2) Costs incurred under contracts or agreement with organizations, firms, and individuals for technical, professional, and legal services (in lieu of providing such services by the use of regular City staff). Contracts and agreements ' for the provision of technical, professional, or legal services must meet the City requirements for the third -party contracts as to form and methods of solicitation and execution, and shall be concurred in by the City Attorney's office and the City Council. 2 MICROFILMED BY JORM MICROLAB CEDAR RANDS -DIS MOINES b. Other Costs Related to Grants. With the exception of those costs set forth in paragraph 3.a. above, there are no other _ costs related to the processing of an emergency repair or home winterization grant application that may be included in charges arising from the processing of a grant application that may be eligible project costs. C. Alvancin Funds for Includable Costs. As necessary, the City sha Pads project funds to pay for processing — fees, credit reports and charges for title reports and recordation fees. 3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES CHAPTER 3. COST INCLUDABLE IN EMERGENCY REPAIR OR nurlc WINItHIZAUION GRA MR I. GENERAL. An emergency repair grant may be made when a component of the structure is malfunctioning or has deteriorated to a point of endangering the health or safety of the occupant. completion of repairs, the structure must pass building Upon code permit inspections. Home winterization grants may be made when the structure lacks sufficient insulation to achieve R19 in walls and R22 in the ceiling. 2. INCLUDA�OSTS. Costs includable in a emergency repair or winterization grgrant are the costs of meeting the requirements of the Building Code as applicable, the Minimum Thermal Resistive Standards, and building 9 Permits and related fees as described a. Correction of Emergency or HazardWhen ous Conditions. necessary to meet a specific requirement, a emergency repair grant may be used, to the extent necessary for: i The repair, replacement rehabilitation or removal of elements of the dwelling structure, including basic equipment. The term basic equipment" includes such items as heating furnace, water heater, and electrical, sanitary fixtures, and structural components. a� b• Energy Conservation Measures. A home winterization grant fnreciflc conservati such i ytiispenergy on�sassormwndowscaulking aneatherstriPPig,andatticand wall insulation. C. Reporting Requirements. The property inspection report should identify the hazardous conditions and energy conservation measures as applicable to establish the for providing basis P ng for corrective work in the grant. fd. Building Permits and Related Fees. A grant may provide funds to cover the cost of building lated fes that are required to carry out t ermproposedits and recorrective work. However, since the construction contract documents will require the contract to pay for them, this cost ordinarily would be included in the contract amount. e. Sales Tax. Since the construction contract is a private contract between a property owner and a private contractor, the grant proceeds may be utilized to pay for required sales taxes. The contractor shall be required to include sales tax in the bid price. 3. COSTS NOT INCLUDABLE. Except as otherwise provided in this sec- tion, a emergency repair or home winterization grant shall not provide for: 4 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES a. New construction, substantial reconstruction, expansion of ,~ the structure, or the finishing of unfinished spaces. b. Materials, fixtures, or equipment of a type or quality - which exceeds that or used in the locality for properties of the same general type as the property to be ,. repaired. C. Appliances. d. Acquisition of land. A e. Items of a cosmetic nature, such as, interior or exterior painting, re -siding, landscaping, etc. 4. WORK WRITE-UP. The Construction Specialist or Housing and ?othiInshallector tare aiwoaccrdaServices ithismaual, todocumenthereparwork tin be ry financed with an emergency repair or home winterization grant. 5. ASSURANCE THAT REPAIRS WILL BE COMPLETED. In some instances the ~ repo r cost may excee the amount o t e emergency repair or home winterization grant. In such cases, the emergency repair or home winterization grant will not be made unless the applicant can provide whatever additional amount is needed to assure completion of the work so that the property will meet at least the applicable building codes. If the rehabilitation grant will not be sufficient to pay for the repair cost to meet at least the - Code, the staff shall not approve the grant unless the applicant can furnish supplementary funds sufficient to complete the work. " 6. SUPPLEMENTAL FUNDS. When the applicant is furnishing supplementary fun s from sources other than the emergency repair or home winterization grant, evidence that actual funds are available consist the staff that sthe lapplicant ocan deposit lthe required amoon and unt ion n the Irehabilitation escrow account. 5 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111Es MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES CHAPTER 4. FORGIVABLE GRANT 1. GENERAL. This section sets forth the eligibility requirements in regards to the property and the applicant for an emergency repair or home winterization grant. Grants are available to all eligible owner -occupants of single family residential properties which are located in the neighbor- hoods designated by the City Council. i 2. APPLICANT ELIGIBILITY. To be considered for an emergency repair or home winterization grant, the applicant must be in compliance with the following criteria: a. Be the owner -occupant of a single family dwelling which is located in the City Council designated neighborhood service .., area. b. Be eligible for the emergency repair or home winterization grant determined on the basis of the following income and asset limitations: (1) Maximum Income. Have an adjusted annual income for the household which does not exceed: ' $6,210 for a 1erson household $7,079 for a 2 person household $7,948 for a 3 person household $8,818 for a 4 person household } $9,563 for a 5 person household $10,184 for a 6 person household $10,929 for a 7 person household I $11,675 for an 8+ person household (2) Have Liquid Assets not in excess of: (a) Applicant under 60 years of age or who is not disabled: $10,000 for a 1 person household $15,000 for a 2 person household $20,000 for a 3 person household I (b) Applicant over 60 years of age or who is disabled: $25,000 for a 1 person household $31,000 for a 2 or more person household (3) Monthly Income Considerations (a) We would collect and report the following gross i monthly income data: 6 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES (1) Base pay for Head of Household, spouse, other family members. (2) Any other earnings (other jobs, etc.) (3) Net income from property being rehabilitated (gross income from roomers, garage rental, etc., minus operating expenses) - (4) Any other income source (interest, etc.) (5) Income from social security, pension, an- nuities, general relief, ADC. (b) We would then adjust downward the income of the household Tydeducting: (1) 10% of 2a-1 through 4 above for Federal, State and local taxes and (2) 25% of 2a-5 above for fixed income consideration. (3) $25 for each child under 18 years of age or a full time student dependent residing in the home to be repaired. 3. LIMITATION ON THE AMOUNT OF GRANT. The amount of an emergency repair or home w nterization grant that an applicant may receive shall be limited by the following: For an applicant whose income and liquid assets are in accord with the established formulas, the grant amount shall not exceed the lesser of: ..:1 . a. The actual (and approved) cost of the repairs necessary to make the property conform to the building codes as applicable or minimum energy conservation measures. The amount shall be established in accordance with this manual. b. $2,000 Home Winterization grant. $4,000 Emergency Repair grant. 4. TERMS AND CONDITIONS. - a. Forgivable loans shall be secured by a lien against the property. b. Amortization. f (1) If the repaired property is sold or transfers ownership prior to the first year anniversary of the grant, 100% of the lien shall be called due. (2) If the repaired property is sold or transfers ownership prior to the second year anniversary of the loan, 50% of the original lien shall be called due. The remaining 50% is forgiven. 7 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401NES 1 Date: April 2, 1979 To: Neal Berlin and Members of City Council From: Michael Kucharzak Re: Emergency Repair and Home Winterization Program In reviewing the final printing of the Emergency Repair and Home Winterization Program Manual we find an error on page 7 which we would like corrected. The staff understands the intent of the City Council to offer grants for home winterization and emergency repair to low-income people and to give program emphasis to the elderly on a day-to-day basis. Since more elderly can be served if the lien provisions of the grant are not mandatory to them, the staff suggests changing 4a of page 7 to read as follows: 4. TERMS AND CONDITIONS. a. Forgivable grants to homeowners under 60 years of age or who are not disabled shall be secured by a lien against the property. It was the intent of the staff to include this change in the final revisions of the manual, but somehow this got overlooked. We regret the omission and request that the Council consider this change prior to the adoption of the resolution. bjl/6 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MO RIES E4 (3) If the repaired property is sold or transfers ownership prior to the third year anniversary, 25% of the original lien amount shall be called due. The remaining 75% is forgiven. (4) Any sale or transfer after the third year anniversary would mean that 100% of the original lien amount would be forgiven. Penalties. In the event the grant recipient(s) fail to pay, the lien amount, or a portion thereof as prescribed in 5b(2)(3)(4) above, when due, the whole principal amount of the lien shall become due and payable at the option of the lien holder without notice. The grant recipient(s) in case of suit thereon, agrees to pay attorney's fees. El MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES DATE: CASE NUMBER: PROMISSORY NOTE REHABILITATION EMERGENCY REPAIR OR HOME WINTERIZATION GRANT PLACE: CDR -7961A w r, For value received, the undersigned jointly and severally promise(s) to pay to the order of the City of Iowa City acting by and through the Director, Department of Housing and Inspection Services the sum of The full Principal on this Note is payable on the " transfer of the property prior to the first year anniversary of this Note. Transfer of the property prior to the second year anniversary of this Note would require 50% of the Principal to be called due. The remaining 50% would be forgiven. Transfer of the property prior to the third year anniversary of this Note would require 25% of the Principal to be called due. The remaining 75% shall be forgiven. After the third anniversary date of this Note, 100% of the Principal will be forgiven. Should the property be damaged to such an extent that the amount of money stated in this promissory note exceed the value of the dwelling located upon the premises, the note shall be forgiven. Damages resulting from wanton or reckless conduct on the part of the borrower or with his/her consent shall not fall within the scope of this proposal. Also any transfer resulting from the death or incapacitating illness of one or more of the undersigned would mean 100% of the Principal will be forgiven. In the event the undersigned shall fail to pay the Principal, or a portion thereof, when due, the whole amount then unpaid shall become due and payable at the option of the holder without notice. The undersigned, in case of suit hereon, agrees to pay attorney's fees. All Endorsers agree to all of the provisions of this Note, and consent to the times of payment of all or any part hereof. In witness whereof, this Note has been duly executed by the undersigned, on the _ day of , 19_. Sworn and subscribed to before me this _ day of 19 Notary Public in and for Johnson County, Iowa. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MoIUES E MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES CHAPTER 5. PROCESSING AND SUBMISSIONS PROCEDURES 1. GENERAL. This chapter contains an outline of the functions to be performed by the staff in connection with an emergency repair and home winterization grant, and sets forth the policies and pro- and cedures to be followed by the staff in preparing, processing, approving an application for an emergency repair or home winter- ization grant, and in canceling an approved grant. 2. OUTLINE OF STAFF FUNCTIONS. Listed below are the functions to be performed by the staff in connection with an emergency repair or winterization grant. Functions - a. Advise applicant on the general program objectives and explain the application form which must be completed in full. b. Advise the applicant on the availability - and benefits of a emergency repair or home winterization grant and other City and private programs and resources for financing re- pairs. C. Determine the eligibility of the applicant for an emergency repair or home winteri- zation grant. d. Inspect the property. e. Prepare a work write-up and cost estimate of ? the repair work needed. f. Obtain evidence that ownership of the property has been verified. This may include the property deed or other evidence that the staff has, received verification from public records that the applicant is the owner of the property. 9• If the applicant is occupant -purchaser under a land sales contract, obtain a document to support eligibility. h. Verify applicant's income, housing expense and assets. Determine that work items in work write-up conforms to purposes for which grant can be used. E MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES J k U. v Establish amount of grant applicant may receive. Advise the applicant of the conditions under which a grant is made. Prepare construction contract documents and obtain contractor's proposals for repair work and review proposals received as requested by owner. Prepare Form CDR -7960, Emergency Repair or Home Winterization Grant application (original and one copy) and obtain applicant's signature. Approve Form CDR -7960, if all requirements — are met. Assign application number and enter on approved Form CDR -7960 and all related documents. Prepare contracts and CDR -7960 for signature(s), obtain applicant's endorsement, and encumber monies for grant. Assist applicant, as may be required, in execution of construction contract, and deliver to owner selected contractor. Assist applicant as may be required in issuing proceed order for construction work. Inspect repair work as it progresses. Make final inspection of completed repair work.. Close building permits to applicable. Have owner obtain from contractor guarantee of work, manufacturers' and suppliers' warranties, and release of liens from general contractor, subcontractors, and suppliers prior to final payment for contract work. Issue Form CDR -7945, certificate of completion. Prepare Statement of Disposition of 10 IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MONIES Funds. W. Closeout finance records. 3. PROCESSING AND APPROVAL OF GRANT APPLICATION. Processing by the staff of an application for a emergency repair or home winterization grant consists of the completion of the functions listed below, items a. through c., assembly in one file of the Form CDR -7960 and all supporting documents, and the review of the file to determine approval. a. Preparation Form. rm. The staff shall prepare Form CDR -7960 (original and 1 copy) for the applicant, based on information furnished by the applicant and obtained by the staff from other sources, as documented in the file. Every space provided for an entry on Form CDR -7960 shall be completed. Entries of money amounts shall be made rounded to the nearest dollar. If no money is involved for an entry for a particular application, the entry shall be "none". Review and approval by the Director of Housing and Inspection Services of Form CDR -7960 shall be based on the form completed in this manner. b. Applicants Purchasing Under a Land Sale Contract. if an application for a emergency repair or home winterization grant is with respect to an occupant -vendee under a land sales contract or similar arrangement, the file shall contain documentation to support the requirements of land sales contract. �N C. Approval of Application for Grant. The Director of Housing and Inspection Services shall approve a Form COR -7960 by obtaining the applicant's signature in block I, and by signing block J, on both the original and the copy of the form. If the grant alone is sufficient to repair the property, or if the grant is to be supplemented by other funds and the staff is assured that the property will be repaired to meet manual requirements, the grant is considered to be approved, and the staff may notify the t applicant, and proceed with the remainder of the functions for which it is responsible in order to complete the repair work. d. Grants Not Approved. If the staff determines that Form CDR -7960 cannot be approved, a written statement of the reasons for the determination shall be put in the application file. An application number shall not be assigned to a Form CDR -7960 it does not approve. e. Record Keeping. The originals of the completed approved Form COR -7960 and contract(s) shall then be retained in the property file with the supporting documentation. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOMES I " 1 4. GRANT CANCELLATION. An approved grant may need to be cancelled because the applicant has requested cancellation or is unwilling or unable to proceed with the repair work, or for other reasons. a• Cancellation Letter. To cancel an approved grant, the staff shall prepare a letter in accordance with Appendix 1, and distribute the letter as follows: 1• Original to applicant. 2• One copy to the property application file. b. Notification to Finance. If funds for the canceled grant have been transferred into the grant account, the staff shall notify Finance to return the amount originally deposited back to the administrative account. 12 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011JES 13 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES CHAPTER 6. TERMS AND CONDITIONS UNDER WHICH EMERGENCY REPAIR AND HOME WINTERIZATION GRANTS ARE MADE 1. GENERAL. This chapter sets forth City requirements with respect to terms and conditions to which an applicant must agree in order to obtain a emergency repair or home winterization grant. 2. GRANT CONDITIONS. The specific terms and conditions with respect to an emergency repair and home winterization grant are incorporated in Form CDR -7960. The applicant shall agree, and by signing Form CDR -7960 does agree to: a.Civil Rights. Comply with all applicable City requirements with respect to Title VI of the Civil Rights Act of 1964, to not discriminate upon the basis of race, color, creed, sex, sexual preference, or national origin in sale, lease, i rental, use, or occupancy of the subject property. ' b. Cancellation of Grant. Return of the grant proceeds with no right, interest or claim in the proceeds, if the grant is cancelled before the repair work is started. C. Use of Proceeds. Use of grant proceeds only to pay for costs of services and materials necessary to carry out the repair work for which the grant will be approved. ry ,.) d. Comletion of Work. Assure that the repair work shall be carrte out promptly and efficiently, through written i contract let with the prior concurrence of the City. e. Ineligible Contractors. Not award any contract for repair work,be paid for inn whole or in part with the proceeds of i the grant, to any contractor who, at the time, is ineligible � under the provisions of any applicable regulations issued by the Building Official, City of Iowa City to receive an award of such contract. i f. Inspection. Inspection by the City or its designee of the property, the repair work and all contracts, materials, equipment, payrolls, and conditions of employment pertaining to the work. j .. g. Records. Keep such records as may be required by the City ;i th respect to the repair work. h. Recapture Clause. The applicant shall agree to repay the fulI amount of the grant or that amount determined by the City if the applicant is found to be ineligible as a result of incorrect or fraudulant information on the approved Form CDR -7960. i. Interest of Certain Federal Officials. Not permit any member, or Delegate to the Congress of the United States, 13 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES and no Resident Commissioner, to share in any proceeds of the grant, or in any benefit arising from the same. j. Bonus, Commission or Fee. Not pay any bonus, commission, or fee for the purpose of obtaining the City approval of the grant application, or any other approval or concurrence required by the City or its designee, to complete the repair work, financed in whole or in part with the repair grant. k. Interest of the City. Allow no member of the governing body of the City of Iowa City, and no other City official of the locality who exercises any functions or responsibilities in connection with the administration of the federally assisted project or program, and no other officer or employee of the City who exercises such j functions or responsibilities, to have any direct interest in the proceeds of this grant, or in any contract entered into by the applicant for the performance of work financed in whole or in part with the proceeds of the repair grant. 1 I I 14 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ..} 15 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES CHAPTER 7. FUNDING OF INDIVIDUAL GRANTS — AND MANAGEMENT OF ACCOUNTS 1. GENERAL. This chapter sets forth policies for funding the in- dividual grants and also the policies for City management of grant funds. 2. FUNDING REPAIR GRANTS. When an application for financial assistance has been processed and approved, the staff shall enter the total amount of assistance in the program account ledger as encumbered monies. The staff must be certain that adequate funds are budgeted and uncommitted before processing applications for grants. Program budgets will be established annually by the City Council according to local, state and federal funding availability. 3. FUNDING REPAIR PROJECTS SUPPLEMENTED BY PRIVATE FUNDS. When supplemental funds are utilized to complete a pro,lect, these funds are collected when the application is approved and deposited into the program account awaiting disbursement. An entry of fund receipt shall be made in the program account ledger. The Iowa City Department of Finance is responsible for depositing the check and reporting the transaction in the f "' department computer printout by case number and finance program. 4. MANAGEMENT OF THE REPAIR GRANT AND SUPPLEMENTAL FUNDS ACCOUNT. 11 repair program funds, private and public, shall be deposited i in a non-interest earning bank account. Accounting records will be maintained to keep private funds separate from other City _ 1 funds. 1 a. Separate Case Numbers for Each Program Participant. The I!i " Construction Specialist will assign case numbers to each program applicant. The accounting computer printout will log all credits and debits according to assigned case numbers. J b. Disbursements of Repair Funds. Disbursements from repair funds will be authorized by the Director of Housing and r Inspection Services. A check request will be prepared and submitted to the Department of Finance properly identifying -, the case number and expenditure. The Construction Specialist will maintain a file of all invoices and receipts. The Department of Finance will prepare a check, as directed, payable to the grantee/borrower and the payee for the following purposes, as may be appropriate: (1) Make payments for repair work. (2) Closeout individual repair accounts by appropriately disbursing any unutilized funds remaining in the repair account. 15 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES A check to return to the grantee unutilized funds in the repair account shall be made payable to the grantee only. C. Transmittal of Checks. The Construction Specialist shall secure the endorsement of the grantee on checks payable to the grantee and the payee. The Construction Specialist shall transmit the endorsed check to the payee. Checks which include any amounts previously withheld from progress payments shall be accompanied by an explanation of the computation. d. Disputes. In the event a dispute exists between the grantee and the contractor with respect to the repair work, the Construction Specialist shall take appropriate action in accordance with the provisions of the construction contract to assure that the grantee is satisfied before making any payment to the contractor. e. Adiustment and Closeout of the Case Account. Usually disbursements made for the purposes stated under paragraph 2 will closeout the case account. However, if unutilized funds remain in for individual cases because the actual repair costs were less than anticipated or for other r reasons, the unutilized funds shall be disbursed as follows: ` j (1) If all the funds were provided by a grant, the unutilized funds shall be disbursed to apply to the administrative account, the source from which they came. (2) If the grant was supplemented by private funds, the unutilized funds, up to the amount of the private con- tribution, shall be disbursed to the grantee. 16 MICROFILMED BY JORM MICROLAB CEDAR RANDS -DES MOIMES CHAPTER 8. NUMBERING GRANT APPLICATIONS 1. NUMBER TO BE ASSIGNED EVERY APPLICATION. The staff shall assign a number to every application for a grant, in accordance with the requirements of this chapter. The staff shall enter the assigned number in the spaces provided on the applicable Form CDR -7960 and on all the other CDR forms and documents related to the repair grant. 2. ONE NUMBER SEQUENCE PER CALENDAR YEAR. The number system requires that only one sequence of numbers, beginning with "1", be used in connection with each calendar year. 3. NUMBERING OF APPLICATIONS. The number assigned by the staff to every application and related documents fora repair grant shall consist of the following three parts, with each part separated by a slash (/): a. Calendar Year -Last Two Digits of Calendar Year 79-80 etc. _i b. Number assigned consecutively from a sequence of numbers shall be used for each year. If an applicant is eligible J for other repair' financing assistance applies for two grants, the same number shall be used for each application. i C. The category code: (1) 10 shall be used to indicate an emergency repair grant application. _ (2) 20 shall be used to indicate a home winterization grant application. I� (3) 30 shall be used to indicate both an emergency repair and a home winterization grant application on the same property. 4. EXAMPLE OF APPLICATION NUMBER. The following examples of I application numbers, for illustrative purposes, 78/1/30. i 5. TIME OF ASSIGNMENT OF APPLICATION NUMBERS. An assigned number is a record of identification and accountability that is basic to management controls by the staff. Therefore, the staff shall assign application numbers only when the staff approves and signs the Form CDR -7960. 6. REUSE OF APPLICATION NUMBERS NOT PERMITTED. An application number once assigned by the staff shall not be reused or — reassigned. If a previous case to which the staff has assigned an application number is not approved, and is resubmitted at a later date, the staff shall assign the resubmitted case a new application number with the sequence number applicable at that — time. :u 17 II1CROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES CHAPTER 9. DETERMINING WORK TO BE DONE WITH EMERGENCY REPAIR AND HOME WINTERIZATION GRANTS 1. GENERAL. This section sets forth the responsibilities of the Construction Specialist for determining the repair work necessary to bring a property into conformance with the requirements for a home winterization grant or an emergency construction repair grant and for providing assistance in the repair of the property. In carrying out these responsibilities, the Construction Specialist shall: a. Inspect the property. b. Make a preliminary work write-up and cost estimate of the work to be done. C. Consult with and advise the owner on the work to be done, and the availability of an emergency repair or home winterization grant. d. Prepare a final work write-up and cost estimate as the basis for a grant and for contracting for the repair work. 2. PROPERTY INSPECTION. The Construction Specialist shall inspect the property and prepare an inspection report. The inspection report prepared in this manner will later serve the Construction Specialist as the basis for preparing a work write-up and cost estimate. 3. WORK WRITE-UP AND COST ESTIMATE. A work write-up and cost estimate is a statement prepared by the Construction Specialist based on the property inspection report that itemizes all the repair work to be done on the property, and includes an estimate of the cost of each item. The cost estimate shall be reasonable and shall reflect actual costs prevailing in the locality for comparable work. a. Itemizing Cost. Each item of work and its estimated cost shall be identified in the work write-up as being either necessary to meet the repair standards, or for other purposes that may be financed with grant funds. This is done on the work write-up by entering the cost estimates in a columnar arrangement. b. Adjusting Work Write -Up. If the total estimated cost of - the work exceeds the amount of the grant the applicant could " receive „ or exceeds the applicant's financial ability to do all work, the Construction Specialist shall eliminate or modify items in the work write-up as necessary to reduce estimated cost. C. Owner's Preference. A preliminary work write-up should not contain details that have no significant effect on cost, 18 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES r-� such as color, style or pattern. Decisions on these details can be made when preparing the specifications for the construction contract documents, or even after the contract award by providing in the contract documents, as appropriate, the term "to be selected by owner." 4. APPLICANTS ELIGIBLE FOR GRANT. For an applicant who is eligible for a grant, the final work write-up and cost estimate prepared by the Construction Specialist shall consist of a completed set -- of bidding specifications completed by the Construction Specialist as the staff estimate. By utilizing the same documents for staff cost estimating and contractor bidding, cost comparison is made easier for the homeowner. Standard Specifications. The specifications in the construction contract documents themselves shall be kept relatively simple by having the documents refer to the technical and detailed specifications that are contained in another document that is called "general specifications." This technique simplifies and facilitates the preparation of the work write-up, cost estimate, and contract documents. The "general specifications" is a document that compiles technical, detailed specifications for each of the types of repair work that is expected to occur, with some frequency, for the types of properties in the project area, and are modeled after the FHA Minimum Property Standards for one and two family structures. - 19 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES t401nES 5. CONSULTATION WITH PROSPECTIVE APPLICANT. As soon as possible after inspection of the property preferably within 24 hours), the Construction Specialist shall consult with the prospect applicant on the preliminary work write-up and cost estimate. The Construction Specialist shall advise the applicant which items of work may be financed with grant funds. The final work write-up shall be the basis for the specifications in the construction contract documents to be used to solicit bids and proposals from contractors. -; 6. SPECIFICATIONS IN CONSTRUCTION CONTRACT DOCUMENTS. Each spec- ification in a construction contract document shall be written so that it provides a clear understanding of the nature and scope .j of the work to be done, and a basis for carefully determined bids and proposals from contractors. Each specification shall show - the nature and location of the work and the quantity and type of materials required. The specifications shall refer to manu- facturers' brand names or to association standards to identify _ the quality of materials and equipment required, and may make provision for acceptable substitutes. If the work write-up is sufficiently comprehensive, it may itself be used for the specifications, without any cost estimate figures or distinctions as to work required or not required. Standard Specifications. The specifications in the construction contract documents themselves shall be kept relatively simple by having the documents refer to the technical and detailed specifications that are contained in another document that is called "general specifications." This technique simplifies and facilitates the preparation of the work write-up, cost estimate, and contract documents. The "general specifications" is a document that compiles technical, detailed specifications for each of the types of repair work that is expected to occur, with some frequency, for the types of properties in the project area, and are modeled after the FHA Minimum Property Standards for one and two family structures. - 19 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES t401nES The "general specifications" are kept on file in the Civic Center project office. 20 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES I.� i CHAPTER 10. CONTRACTING FOR REPAIR WORK INTRODUCTION. This chapter sets forth requirements and procedures with respect to construction contracts for repair financed through a home winterization or emergency repair grant. Repair work shall be undertaken only through a written contract between the contractor and the recipient of the grant. Whenever possible the grantee shall be encouraged to obtain their own bids and enter into the repair contract with little or no City involvement. The Construction Specialist shall assist each applicant as needed, in arranging for and obtaining an acceptable construction contract. a. Form of Contract. The construction contract will consist of a singe document signed by the contractor and accepted by the homeowner, only following approval of the repair grant. It shall contain a bid and proposal by the contractor. b. Use of Alternates. The contract document prepared by the Construction Specialist may provide for alternates by which the bidder, as part of his bid and proposal, offers increases and decreases to the lump sum contract price to cover alternatives in the performance of the work. An alternate may be used to cover an item of work, the need for which cannot be determined until some time during the course of the repair work. For example, the construction contract may call for reroofing. The roof rafters are not exposed, and their actual conditions cannot be determined even with careful inspection. However, general conditions on the ceilings, such as evidence of leaks over a period of time, indicate that the rafters may be rotted. The work j write-up, cost estimate, and the approved grant may include —1 an amount to replace the rafters and related costs if, upon removal of the old roofing this need is apparent. Under such circumstances, the work to replace the sheating and _ rafters should be included in the construction contract documents as an alternate. If upon removal of the old roof it is found that work is not needed, no payment for it is required under the construction contract. If that work " turns out to be needed, the cost is established by the construction contract documents, and the contractor can be ordered to proceed with that work for the stated sum. (1) Format for Alternates. Generally, alternates should be avoided, but when used, the Construction Specialist shall provide for them specifically in the section provided for bid and proposal by adding material such as the following: 21 MICROFILMED BY JORM MICROLAB CEDAR RAP DS -DES 1101NES Alternate #1. (description of the alternate) Add $ Deduct $ Alternate #2. Same as above for Alternate #1. (2) Unrequested Alternates not Considered. The Construction Specialist shall not consider alternates proposed by a bidder that are not called for in the - contract document prepared by the Construction Specialist. The Construction Specialist shall not consider a bid and proposal that is qualified by the contractor with unrequested alternates or other changes, C. procurement of Bids. An acceptable contractor's bid and w proposal must be obtained before the Director approves Form CDR -7960 for the repair grant. 2. GENERAL CONDITIONS. The Construction Specialist shall prepare general conditions for use in all construction contracts for the repair of the property. Included in the general conditions are: a. The address to which the contractor's bid and proposal must ~ be submitted. b. Date and time which a bid and proposal by the contractor is to be received by the owner. C. A provision that the bid and proposal shall be accepted by the homeowner within 30 days from the date established by the contract for its receipt, provided that the contract is subject to issuance of a proceed order by the homeowner, and no work shall be commenced by the contractor until he has received a written proceed order. d. A provision that -the homeowner is obligated to issue a written proceed order within 30 days from the date of acceptance of the contractor's bid and proposal. If the order is not received by the contractor within this period, the contractor has the option of withdrawing his bid and proposal. e. A provision that the contractor must commence work within 30 days after issuance of the proceed order. f. A provision that the contractor must satisfactorily complete the work within 60 days after the issuance of the proceed order. 22 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOMES 0 (2) Cooperate with the contractor to facilitate the per- formance of the work, including the removal and replacement of rugs, coverings, and furniture, as necessary. 23 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIES g. A provision that the contractor will be paid the contract price, in one lump sum amount, after the work is satis- factorily completed. o, h. Provisions that the contractor shall be required to: (1) Furnish evidence of comprehensive public liability insurance coverage protecting the owner for not less than $100,000, in the event of bodily injury including death, and $50,000, in the event of property damage arising out of the work performed by the contractor; and, evidence of insurance or other coverage required by local law governing workman's compensation. (2) Obtain and pay for all permits and licenses necessary for the completion and execution of the work and labor to be performed. (3) Perform all work in conformance with applicable City codes and requirements whether or not covered by the i specifications and drawings for the work. (J (4) Abide by Federal and City regulations pertaining to equal employment. 1 (5) Keep the premises clean and orderly during the course of the work and remove all debris at the completion of i J the work. Materials and equipment that have been removed and replaced as part of the work shall belong to the contractor. _i (6) Not assign the contract without written consent of the owner. a(7) Guarantee the work performed for a period of one year from the date of final acceptance of all work required „ by the contract. Furthermore, furnish the owner with all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under the contract. i. Provisions that the owner will: (1) Permit the contractor to use, at no cost, existing utilities such as light, heat, power, and water necessary to the carrying out and completion of the work. (2) Cooperate with the contractor to facilitate the per- formance of the work, including the removal and replacement of rugs, coverings, and furniture, as necessary. 23 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIES j. A provision that the premises are to be either occupied or vacant during the course of the construction work. k. A provision that payment on the contract amount will be made only after City inspection and owner acceptance of all the work to be performed by the contractor, and the contractor _ has furnished the owner satisfactory releases of liens or claims for liens by the contractor, subcontractors, laborers, and materials suppliers. 1. A provision that the contract consists of the bid and pro- posal, the general conditions, the specifications incorporated therein by reference and identified as Exhibit "A" and the drawings, if any, identified. ns M. materials at to be end of completed the general nthel bidder, generally gas follows: For the considerations named therein, the Contractor proposes to furnish all the material and do all of the work described in, and in accordance with, the contract identified above in item 1. of the general conditions for the lump -sum of $ Contractor Acceptance by Owner (name of contractor) (name of owner[s]) (address and ZIP of contractor (address and ZIP of owner[s]) (date of proposal and bid) (date of acceptance) 3. SPECIFICATIONS AND DRAWINGS. Specifications, based on the work write-up and illustrative sketches, if any, covering the specific repair work for each property on which a repair grant will be made shall be prepared by the Construction Specialist or contractor. Drawings shall be prepared only when essential to show the scope of the work involved so that a fair bid for the work can be obtained, 'and to avoid misunderstandings with the bidder. The specifications and drawings shall be based on the work write-up resulting from an inspection of the property and interviewsas indicated, with the applicant. The specifications shall clearly establish the nature of the work to be done and the material and equipment to be installed. Each page of the specifications and drawings shall be numbered and shall contain identification that includes the name, address of owner, and the date of the specification. 4. OBTAINING CONTRACTORS' BIDS AND PROPOSALS. The Construction Specialist shall establish and, on the basis of his/her experience, maintain a current listing of contractors, iqua l� subcontractors, efinanced peformandareinterestd indong repair 24 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401MES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES w through a grant. The listing may be based on the experience of the staff, experience of property owners and others, information obtained from banks, credit, and trade associations, FHA Insuring Office, and other information available to the staff. While the list, in a limited way, may serve the purpose of prequalifying bidders, it shall not be used as a means of - excluding bidders who are not on the list at the time the submission of a bid and proposal is in order. _ 5. INVITATION TO CONTRACTORS FOR BID AND PROPOSAL. a. Contractor Selection. The owner shall be asked for the name of a contractor he/she would like to bid on the repair of his/her property. If the owner does not know of a contractor, the staff shall provide the property owner with two contractor names from the list of contractors maintained at the Department of Housing and Inspection Services. b. Invitation to Bid. Once the contractor has been selected according to paragraph 5.a. above, the homeowner shall - contact the selected contractor and invite him/her to bid the proposed repair. The Construction Specialist shall meet the contractor at the subject property at an appointed _i time to assist in the inspection of the property and to I I facilitate obtaining a bid. C. Bid Review. Upon receipt of the bid proposal from the bidd- ing contractor, the homeowner shall review the bid for - completeness and accuracy making special note to assure that the specifications have been adhered to. d. Acceptable Bid. An acceptable bid is one that upon review under 5.c. above, is not in excess of 10% of the J Construction Specialist's estimate. Where two or more bids have been obtained, the lowest acceptable bid shall be ! recommended to the owner -for—approval. In the event no J acceptable bids are received, the homeowner shall reject all bids and the owner shall to select another contractor and repeat the bid process. �i e. Maintenance of the Contractors' List. (1) The Construction Specialist shall be responsible for maintaining a list of all contractors who have expressed an interest in bidding on repair construction and who can provide the following as contained on Form CDR -7946: (a) active liability insurance [see 2.h.(1) i I adequate 25 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES (b) The name of his company bank. (c) The names of his usual subcontractors. (d) The names of his principal suppliers. (e) The names and addresses of at least two (2) resi- dential repair or construction jobs. (f) Iowa City contractors license as applicable. (2) The Contractor List shall be maintained in a ^ conspicuous place within the Department of Housing and Inspection Services office, open to public review. The Contractor List shall be grouped according to the category of specialization the contractor requests to be listed (e.g., general contractors, electrical, plumbing/heating, masonry, drywall, etc.). 6. AWARD OF CONSTRUCTION CONTRACT. The contract shall be awarded by having the app icant for the grant properly execute the contract with the assistance of the Construction Specialist. a. Issuance of Proceed Order. At the time the award is made, — the Construction Specialist shall remind the applicant and the successful contractor that the undertaking of the work covered by the contract is subject to issuance by the owner of a proceed order, within the number of days stated in the general conditions of the contract from the date of the award. Upon award of the contract, the homeowner shall notify unsuccessful bidders that they have not been awarded the contract. b. Award within 30 dal s of Cutoff Date. In order for the bid and proposal to be binding, the award shall be made within a period of 30 days from the cutoff date established by the homeowner for the receipt of the bid and proposal, unless a later date is agreed upon in writing. C. Contract Award. The award of a construction contract shall Fe accco p shed by the owner executing the original and two copies of the contract documents. The homeowner shall distribute the executed contract to documents as follows: (1) Executed original retdined by homeowner. (2) Executed copy to contractor. (3) Executed copy to the City of Iowa City in care of the Construction Specialist. 7. ISSUANCE OF PROCEED ORDER. The general conditions of the con- struction contract will state that the owner will issue a proceed ~ order within a stated number of days from the date of acceptance 26 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIMES .. of the contractor's bid and proposal. The Construction Specialist shall assist the grantee as may be requested in the preparation and issuance of a proceed order. The proceed order shall be distributed as follows: a. Original to the contractor. b. One copy to retained by the homeowner. C. One copy to the Construction Specialist for the file. 8. LABOR PERFORMED BY OWNER IN Repairing PROPERTY. Questions arise from time to time, during the processing of a grant con- cerning the owner's performance of some or all of the labor re- quired to complete the repair of his property. These paragraphs are intended to supply answers to those questions, as well as describe the circumstances under which this type of self-help is j desirable and to be encouraged. r I plet a. Type of Work an .1 d Skill of Owner. A property owner may com- e some or all of the tasks required to repair his/her 1 ^ property, if he/she has the degree of skill required to perform the work involved. Self-help is usually appropriate for the accomplishment of tasks of an unskilled nature such as general clean-up, demolition of small buildings on a property, removal, cartage, and disposal of the debris, and for work that involves minimal use of costly materials and equipment. Work of a skilled nature, and work involving the extensive installation of costly materials —1 and equipment, are appropriate if the Construction Specialist is assured the property owner has the ability and experience required to do the work properly without supervision, or that he/she has sufficient skill to do the work properly with technical advice and guidance from the Construction Specialist. b. Technical Aid Eligible as Project Cost. The Construction J Specialist is reminded that provision of technical assistance is part of his/her job function. C. Benefits from Self-help. At times, self-help may also enable a property owner to obtain a repair grant by reducing construction costs to an amount within the Council established limits for a grant. d. Provision for Self-help in Grant. Whenever self-help is necessary, indicated, or desired, and the Construction Specialist considers that with or without its technical assistance and guidance a property owner will be able to perform the work in a reasonably acceptable and expeditious manner,he/she may process an application for a grant on that basis. In such a case, the amount of the grant would provide funds to pay for the materials and equipment to be installed by self-help, as well as any additional funds 27 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES needed to pay for other work to be performed by a contractor. The grant shall not include funds to pay the owner or members of his her family for their labor. Further, the Construction Specialist must exercise good judgment and prudences as to avoid a situation in which an owner could place himself in financial difficulty through improper use, installation, or even destruction of the materials and equipment purchased with grant funds. For this reason, the owner should understand that the proceeds of a grant to pay the supplier for materials and equipment involved in a self-help will be disbursed from the grant account by the staff, only after they have been properly installed. e. Coordination with Contractor. When some of the repair work ~ is to be performed through self-help, and the remainder is to be completed by the contractor, the Construction Specialist should assure that the work is accomplished by each of them so as not to interfere with or jeopardize the other's work. In cases where a separation in the timing of the work is not feasible, the Construction Specialist should urge the owner and contractor to make their own arrangements on the timing, so that each may do his/her work without causing any interference in the work to be done by the other. In all instances, the owner will be better protected if work to be performed through self-help is completed before the contractor starts his/her work. Such _- completion will help avoid claims by the contractor for extras or damages he/she may claim are caused by the self- help efforts, and will assure that when all work is finished, the property will comply with the City grant requirements. OTHER PROVISIONS a. The Contractor Shall: Indemnify and hold harmless the owner, the owners employees, the City Manager, and the City's employees from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or - property damage rising out of or resulting from the contractor's operations under this contract, whether such operations be by himself/herself or by any subcontractor or _ by anyone directly or indirectly employed by either of them. The contractor shall obtain insurance for this purpose, which shall insure the interests of the owner and the City as the same may appear, and shall file with the owner and the City certificates of such insurance. b. Correction of Faultv Work after Final Payment: The ap- proval of the Request for Payment by the Construction Specialist and the making of the payment by the owner to the 28 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I contractor shall not relieve the contractor of r i CHAPTER 11. INSPECTION OF REPAIR WORK 1. GENERAL. This chapter sets forth the requirements for the inspection of repair work financed in whole or in part with a grant. 2. RESPONSIBILITY FOR MAKING INSPECTIONS. The Construction Specialist shall make inspections of construction work in cases involving a repair grant. To accomplish this, the Construction Specialist shall make: (1) Compliance inspection, as necessary, to assure that the construction work is being completed in accordance with the construction contract. (2) A final inspection to determine that the construction work w has been completed in accordance with construction contract. The Building Inspector and any specialists from the Building Inspection Division, as may be required, shall accompany the Construction Specialist on the final inspection and shall provide the Construction Specialist with a written report of their findings. 3. INSPECTIONS FOR PAYMENT. Inspection of construction work shall be made in accordance with the following: a. Final Inspection. Upon completion of the repair work and receipt of the contractor's invoice containing his certifi- cation of satisfactory completion of all the work in accordance with the contract and his warranty, the Construction Specialist shall arrange for inspection of the completed work. b. Making Final Payment. When the final inspection determines that the work is satisfactorily completed in accordance with the contract, the homeowner shall obtain from the contractor a release of liens, and a copy of each warranty due the owner for the work. After receipt of a release of liens, including 'releases from all subcontractors and suppliers and a copy of each warranty, the homeowner shall make final payment. The staff shall then prepare Form CDR - 7945, the certificate of final inspection. 4. CERTIFICATION OF FINAL INSPECTION. After the Construction -- Specialist determines that the rehabilitation work has been satisfactorily completed and the final inspection report obtained, the staff shall prepare a Form CDR -7945 (original and one copy). Distribution. Form CDR -7945 shall be distributed as follows: 30 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIrIES (1) Signed original to the property owner. (2) Signed copy retained in the property file. 5. SUPPLEMENTAL INSPECTIONS. In some cases defects and inadequacies in the construction work, not apparent at the time of final inspection, may show up after final payment for the work is made and Form CDR -7945 is issued. Others, such as roof leaks not ascertainable until after a rain, defects in heating systems installed during the nonheating season that were not revealed in the limited tests after installation, and plumbing leaks that did not show up in the final inspection, may not appear for several months. (3) If the staff finds the complaint to be valid, the homeowner will direct the contractor to take necessary corrective action within a specified length of time. 31 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES a. One -Year Guarantee on Work by Contractor. All work performed by the contractor is covered by a one-year guarantee but property owners are not always aware that, for a period of one year, they may require the contractor to correct significant defects and inadequacies in the work performed under this contract. For this reason, the Construction Specialist shall inform b. the owner of the guarantee requirements upon completion of the contract. Additional Call by Construction Specialist to Insure Valid ty and Correction of— Co— m faints. Although a limited examination indicates that the incidence of serious defects and inadequacies in the construction work is not frequent, and contractors generally correct them promptly when requested, the Construction Specialist, after the final inspection, shall make an additional call on the " property owner to ascertain if there are any complaints about the work that has j been done. This call shall be made within 60 days after the issuance . of Form CDR -7945. The Construction Specialist shall inspect the work to ascertain if the complaint is valid. If the complaint is valid, the Construction Specialist shall assist the property owner in obtaining prompt corrective action from the contractor. The promptness. or must iven writtenble Should thee cont actor fail to answer or correctthedefect(s) within a reasonable time, the grant, at owner will request, assist owner in the following manner: (1) Staff members of the Department of Housing and Inspection Services will investigate the complaint. (2) If the staff finds the complaint to be invalid, owner will be so notified. (3) If the staff finds the complaint to be valid, the homeowner will direct the contractor to take necessary corrective action within a specified length of time. 31 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i (4) If the contractor complies, the staff will reinspect the work and, if it is satisfactory, the owner will be expected to sign a written statement withdrawing the complaint. (5) If the contractor fails to respond to the request within the specified length of time, the staff, upon owner request, will prepare a letter for owner's signature, notifying the contractor a second time that unless the complaint is abated by a specified time, a formal complaint will be filed with the State Building Board or Iowa City Licensing Board for appropriate action. (6) If the contractor fails to respond to the request for cor- rection within the time specified: (a) The homeowner will take any necessary action to have the defects corrected, including but not limited to paying the reasonable costs of correcting work or materials determined by the homeowner to be defective. (b) The contractor may be prohibited by the City from con- tracting any other repair work under any grant program administered by the City. 6. CONSTRUCTION SPECIALIST - OWNER - CONTRACTOR RELATIONS Construction Specialist's Responsibility and Authority: The Construction Specialist shall observe the work on behalf of the City, and will provide general assistance during construction insofar as proper interpretation of the grant requirements is affected. The Construction Specialist and owner shall decide, when necessary, any and and all questions which may arise as to the quality and acceptability of materials furnished, work performed, interpretation of Plans and Specifications and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor. The Construction Specialist will not be on the construction site at all times and as such cannot be responsible for the acts or omissions of the contractor or his employees. For the same reason acceptance by the homeowner or the City of the contractor's work performed, does not release the contractor from the responsibility to provide quality performance on all contract specifications. 32 II1CROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES Do1MEs { CHAPTER 12. APPLICANT'S INCOME 1. GENERAL. This chapter sets forth the basis for establishing an applicant's income for the purposes of a home winterization or emergency repair grant on a residential property, and takes into account the variations applicable to different type of applicants and properties, and special considerations related to the type of project area in which the property is located. 2. TYPE OF APPLICANT. In order to make determinations with respect to eligibility for a grant, an applicant is identified as either an owner -occupant of a one- or two -dwelling -unit property or an investor -owner. For purposes of determining an applicant's income, an applicant must be identified additionally, either as a person or other legal entity, as defined below. 33 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES a. Person. The term "person" means one or more natural persons who either hold legal title to, or occupy under a land sales contract, a property to be rehabilitated. b. Other Legal Entity. The term "other legal entity" means any legal entity other than a "person", such as a partnership or corporation that holds legal title to a 1 - property to be repaired. Any "other legal entity" within the meaning of this definition is also an investor -owner. 3. SOURCES OF FUNDS AND AMOUNTS COMPRISING APPLICANT'S INCOME. The following is a listing of the elements comprising income for purposes of a repair grant. Exclusions from income applicable in special circumstances are stated in paragraph 5 below. IN a. Portion of Income Derived from Roomers. If the property + { will contain rooming units, that portion of an applicant's M, income that is derived from roomers shall be reported on Form CDR -7960, block C, line 3, as a net figure determined i as follows: (1) Net Income. The net income from the roomers in the owner -occupied property to be repaired is the gross rental income, less expenditures allocable to the roomers. These allocable expenditures including payments, on the basis of an average of one or more years of mortgage or land contract principal and interest, mortgage insurance premium, service charges, hazard insurance, real estate taxes and special assessments, maintenance and repairs, heating and utilities, and other cash expenditures for the property for one or more years, the staff shall estimate the income and expenditures on the available r experience. (2) Allocation of Expenditures to Roomers. The alloca- tion of expenditures of the roomer may be established 33 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES by determining the percentage of floor space that is .p used exclusively by the roomer(s). The allocable expenditures shall be reduced by the percentage of floor space as calculated above.°! b• Applicant Who Is a Person. Income of an applicant who is a per" son includes the income of the applicant and his 4A family. The applicant's family includes the applicant and { any other person or person or persons related by blood, marriage, or operation of law, who share the same dwelling unit. If ownership of the property rests in more than one person, the applicant is each owner and family. The ` applicant's income, therefore, is the sum of the family incomes of all applicant. An applicant's income is established on an annual basis, at the time of applying for a grant and includes: (1) The applicant's earnings. (2) Spouse's earnings. (3) Other family members living in the home, if their employment is a definite characteristic of family life. Excluded is the income of an adult family member, ~ other than the applicant and spouse, who does not have an ownership interest in the property, but included are any funds contributed or paid to the family, on a regular basis by an excluded adult family member. (Such as room and board, rent, etc.) Excluded are incomes of those under 18 or full-time students or mentally or physically disabled children. (4) Other income regularly received by applicant or his family. (5) Net income from real estate, other than the property to be rehabilitated, and any other net business income. (a) Gross rental income, and (b) On the basis of an average or experience for two or more years, expenditures for mortgages principal and interest, mortgage insurance premium, service charges, hazard insurance, real estate taxes and special assessments, maintenance and repairs, heating and utilities, ground rent, and other cash expenditures for the property, such as advertising vacancies. If the applicant has not owned the property for two or more years, the staff shall estimate the income and expenditures on the available experience. - 34 -� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 4. REPORTING OF APPLICANT'S INCOME. The applicant's income shall be reported on Form CDR -7960, "Total Present Monthly Income of Applicant." 5. EXCLUSIONS AND ADJUSTMENTS TO APPLICANT'S INCOME. �...,' a. Grants. Deduct the following amounts from gross income: (1) $25 per child per month (child must be living in the home, under 18 years of age, or full-time student dependent). (2) Deduct 10% of gross income for taxes (persons not retired or disabled), OR see (3). (3) Deduct 25% of retirement benefits, disability benefits, or Social Security benefits. J I J j -7 I J J i 1 � i 35 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES en MICROFILMED BY JORM MICROLAB , "OAP IAPI: s.A 'I'DIM "