HomeMy WebLinkAbout1979-10-23 Resolution1
RESOLUTION NO. 79-501
RESOlVrION ACCEPTING SANITARY SEWER IMPROVEMENTS
IN KINGDOM SUBDIVISION
WHWM, the Engineering Department has certified that the following
improvements have been completed in accordance with plans and specifications
of the City of Iowa City,
Sanitary sewer for Kingdom Subdivision as constructed by Knowling
Brothers of Sharon Center, Iowa.
AND MEREAS, Maintenance Bonds for Knowlina Brothers are on
file in the City Clerk's Office,
NOW 'rHEBBFORE BE IT RESOLVED by the City Council of Iowa City, Iowa,
that said inprovements be accepted by the City of Iowa City.
It Was moved by Perret and seconded by Robe
that the Resolution as r aaaep , and upon roll call ere were:
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MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES IIOIIIES
MIS
AYES:
NAYS: ABSENT:
BALMER
R
DEPROSSE
x
_
ERDAHL
x
NEUHAUSER
x
_
PERRET
x
_
ROBERTS
%
VEVERA
x
Passed and approved this 23rd
day of
October19 79.
Mayor
ATTEST: 2zz �4�
City Clerk
Received d Approved
By Th- Legal Department
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MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES IIOIIIES
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! MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOIRES
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ENGINEER'S REPORT
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October 16, 1979
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To the Honorable Mayor and City Council
Iowa City
Iowa
Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed
below have been completed in substantial accordance with the plans
and specifications of the Engineering Division of the City of Iowa
City. The required maintenance bond is on file in the City Clerk's
office.
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Sanitary sewer for Kingdom Subdivision as constructed
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by Knowling Brothers of Sharon Center, Iowa.
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I hereby recommend that the above improvements be accepted by the
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City of Iowa City.
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Res If full
(submitted,
�jne A. Dietz, P.E.
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City Engineer
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CEDAR RAPIDS -DES MOIRES
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CEDAR RAPIDS -DES MOIRES
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MAINTENANCE BOND
Knots all men by theje prejent.4
That KNOWLING BROS. CONTRACTING CO.
of Iowa City Iowa
as Principal, and the UNITED FIRE & CASUALTY COMPANY, AN IOWA CORPORATION
of CEDAR RAPIDS, IOWA, and authorized to do business in the state of Iowa as Surety, are held
and firmly bound unto the CITY OF IOWA CITY IOWA
in the penal sum of TWELVE THOUSAND NINE HUNDRED TWENTY TWO AND 94/100 ----------
(�] DOLLARS, lawful money of the United States of America, for the payment of which, well
and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, and
administrators, successors and assigns, jointly and severally, firmly by these presents.
Signed and delivered this 11th day of October A. D. 19 2
with Howard K. Linn, Iowa City, Iowa
Whereas, the said Principal entered Into a certain contract,/dated the 18th day of
Anri 1 , 197R , to furnish all the material and labor necessary for the construction of
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a Sanitary Sewer on Emerald Street in Kingdom Hall Subdivision, Iowa City, Iowa,
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! In conformity with certain specifications; and
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Whereas, a further condition of said contract Is that the said Principal should furnish a bond of Indemnity,
guaranteeing to remedy any defects In workmanship or materials that may develop in said work with a period of
-- tW0 i2) years from the date of acceptance of the work under said contract; and
Whereas, the said UNITED FIRE & CASUALTY COMPANY, of CEDAR RAPIDS,
IOWA, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee,
indemnifying said CITY OF IOWA CITY IOWA
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as aforesaid;
Now, Therefore, the Condition of This Obligation Is Such, that if the said Principal does and shall, at his own
cost and expense, remedy any and all defects that may develop In said work, within the period of tW0 iz)
years from the date of acceptance of the work under said contract, by reason of bad workmanship ar poor material
used in the construction of said work, and shall keep all work In continuous good repair during said period, and shall
In all other respects, comply with all the terms and conditions of said contract with respect to maintenance and
• repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue In
law,
KNOWLING BROS. CONTRACT NG CO,
Principal
ByG4-`
UNITED FIRE & CASUALTY COMPANY
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UND-2055—b BY ell
Attorney-ln•fact and
Iowa Resident Agent X993;
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 1101HES
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UNITED FIRE & CASUALTY COMPANY
HOME OFFICE - CEDAR RAPIDS, IOWA
CERTIFIED COPY OF POWER OF ATTORNEY
(Original on file at Home Office of Company - See Certification)
KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized
and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, con.
stitute and appoint Patricia R. Zahn, or L. Pieratt, Jr., or David F. Freiermuth, or
Theresa Juhl, or Veronica Monaghan, or Lowell Zapf, all individually.
of Waterloo, Iowa
its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all law•
ful bonds, undertakings and other obligatory instruments of similar nature as follows:
--Any And All Bonds --
and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed
by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the
authority hereby given are hereby ratified and confirmed.
The Authority hereby granted shall expire March 1, 1981 unless sooner revoked.
This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the
Board of Directors of the Company on April 18, 1973.
"Article V - Surety Bonds and Undertakings."
Secrlon 2, A ppointmen t o f ,horn eyln•Fec1.•'The Proiden{ or any Vice President, or any other O'ucer o!the Compmy,
may. from time to time, appoint by written cert'lieatel attorneys•in•facr to ael in behalf of the Company N the execution of
paucles of In -'ane•, bonds, undertakings and other obligatory Innrumenls of hke nature. The.1"Ure or any olficer autho-
dxed hereby and the Comnule seal• may be offload by laulm0e to any power of attorney or speeW power of attomay or nr•
tl(lutlon o! either mlhorlxed hereby; such dgmture and seal, when ,o uud, being adopted by the Company a the adglntl
almalure a(mch ofllar and rhe orWnal ud of the COTDenY, to be valid and binding upon the Compmy with the ume force
and elfect a though manually affind. Such altomeys•In•4e[, anbleet to th< Ilmllatlonuel forth In the4 respeelive certl(Inb
of authpdty shill have IWI Dower to bind the Company by lhe4 signature and eaecullon of any such Wstrumenb and to a/dch
the sul of the Compmy Thereto. The hesldenr ar any VI<e Prcndent, the Baud of Dlneton or my other officer of the Com•
pant may at any time revoke sa power and a.1hprlty Dreyloualy given to my altomeyin•lact.
IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents
•""'���0""�. to be signed by its Vice president and its corporate seal to be hereto affixed this la t
=aWRPORtr[ ' day of March A.D. 1979
'ee SEAL);; UNITED FIRE & CASUALTY COMPA
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By
( State of Iowa, County of Linn, ss: ice President
I On this 1st day of March 1979 , before me personally came Richard J. Ehlinger
to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is a Vice
President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instru•
ment; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant
j to like authority, and acknowledges same to be the act and deed of said corporation.
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CMMISSIOYUCES(ROTH
Amber 30 "
Notary Public
My commission expires September 30, 1980
CERTIFICATION
1, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the fore-
going copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in
said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are
correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and
is now in full force and effect.
In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said
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W CJPPOefI[t�,i Company this 11th day of October 1979
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UND-Zii�Bb sJC sistant Secretary
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MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 1401NES
RESOLUTION NO. 79-502
RESOLUTION ACCEPTING THE {CORK
FOR FY80 ASPHALT RFSLIRFA.TNG
PROJECT
WHEREAS, the Engineering Department has recamnended that the im-
provement covering the FY80 Asphalt Resurfacing Project
as included in a contract between the City of Iowa City and
L. L. Pelling Co. of Iowa City, Iowa
dated October 3, 1979 be accepted,
AND WHEREAS, the Council finds the improvement is in place and does
comply with the requirements for such improvements,
AND WHEREAS, maintenance bonds have been filed,
NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa,
that said improvements be hereby accepted by the City of Iowa City, Iowa.
It was moved by Perret and seconded by Rob
that the resolution as read be a opt , and upon roll call there were:
AYES: NAYS: ABSENT:
BALMER x
DEPROSSE x
ERDAHL x
NEUHAUSER x
PERRET x
ROBERTS x
YEVERA x
Passed and approved this 23rd day of October , 1979,
Mayor
ATTEST:
City Clerk
Received & Approved
By The Legal Department
1?9 �
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
ENGINEER'S REPORT
October 18, 1979
To the Honorable Mayor and City Council
Iowa City
Iowa
Honorable Mayor and Councilpersons:
I hereby certify that the FY80 Asphalt Resurfacing Project has been completed
in substantial conformance with the specifications of the Engineering Division
of the City of Iowa City. The required maintenance bond is on file in the
City Clerk's office.
The budgeted funds and actual money spent for this project is as follows:
A)
Asphalt overlay of streets & alleys (RUT)
Budgeted
Spent
$120,019.38
8185000
B)
Chip sealing of streets (RUT)
,
63,642:68
C)
2 parking lots (Parking Systems)
15,000
12,740.41
D)
Alley between Dodge St. & Johnson St.
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south of Market St. (Private funds)
4,400
3,718.72
Total
$204,400
$200,121.19
Respec fully submitted,
Eugene A. Dietz, -E.
City Engineer
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MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
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CEDAR RAPIDS -DES MOINES
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RESOLUPION NO - 7 9- 5 0 3
dl�ezi'/
1WOLAPION ACCEPTING BOYRLIM GTR FT
ON
WITH HIGHWAY 6 BYPASS 111TION
the Engineering Department has certified that the following
il:provarnts have been ompleted in accordance with Plans and specifications
Of the City of Iowa City,
Boyrum Street connection with Highway H6 Bypass: Division 1 -
Storm Sewer, as constructed by Normoyle-Berg & Associates, Inc.
of Rock Island, Illinois.
AND WFIEHIW',�, Maintenance Bonds for Normovle-Bern
file in the City Clerkis Office, — & A cnr -+ec are on
NOW
that said iUIEF BE T RESM� by the City Council of Iowa City, Iowa,
accepted by the City of Iola City.
It was moved by Perret and seconded by Roberts
that the Resolution as rea a accept , and upon roll call a wxe;
AYES: NAYS: ABSENT:
BALMER x
DEPROSSE x
ERDAHL x
NEUHAUSER x
PERRET x
ROBERTS x
VEVERA x
Passed and approved this 23rd da of
Y October_ , 19 79.
Mayor - -
ATTEST: i
City Clerk
Received d Approved
By the Legal Department
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MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOVIES
ills
CITY OF
IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.180)
ENGINEER'S REPORT
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October 18, 1979
Honorable Mayor and City Council
Iowa City
Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed
below have been completed in substantial accordance with the plans
and specifications of the Engineering Division of the City of Iowa
City. The required maintenance bond is on file in the City Clerk's
office.
Boyrum Street connection with Highway #6 Bypass: Division 1 -
Storm Sewer, as constructed by Normoyle-Berg & Associates, Inc.
of Rock Island, Illinois.
I hereby recommend that the above mentioned improvements be accepted
by the City of Iowa City.
Rese�tfull submitted,
Eugene A. Dietz, P. E.
City Engineer
bj3/21
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
1995
RESOLUTION NO, 79-504
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AN AGREEMENT WITH METRO PAVERS, INC. TO EXTEND
THE AWARD DATE FOR THE CONSTRUCTION OF THE SOUTH GILBERT
STREET IMPROVEMENT PROJECT.
WHEREAS, Metro Pavers, Inc, has submitted a contract
and proposal for the construction of the South Gilbert Street
Improvement Project at a cost of $1,256,982.32; and
WHEREAS, the City of Iowa City finds it in the public
interest to def t
erhe acceptance and award of said contract
until no later than January 1, 1980. ?
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
IOWA CITY, IOWA:
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That the Mayor be authorized to sign and the City
Clerk to attest an agreement with Metro Pavers, Inc.
provor an
tension of
he
datelding untilfJanuaryX1, 1980 for theaSouthance Gilbert award
Street
Improvement Project.
g
It was moved by Balmer
Roberts that the Resolution asnread cbedadoped ted,
and upon roll call there were:
AYES: NAYS
X
X
X
X
X
X
X
ABSENT:
Balmer
deProsse
Erdahl
Neuhauser
Perret
Roberts
Vevera
Passed and approved this 23rd day of: October, 1979.
G
Co�LG • /�aPi�
Mayor
ATTEST:
City Clerk
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES M0114ES
RECEIVF.D & A.FFROVF,D
BY .TREE LEGAL DEPdIi'PLrr377f
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AGREEMENT
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This Agreement, made and entered into this -21rd day
of October, 1979, by and between the City of Iowa City, Iowa,
a municipal corporation, and Metro Pavers, Inc. of Iowa
City, Iowa.
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WHEREAS, Metro Pavers, Inc. has submitted a Contract
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and Proposal providing for the construction of the South
Gilbert Street Improvement Project in the City of Iowa City,
Iowa, at a cost of $1,256,982.32; and
WHEREAS, the City of Iowa City, Iowa, desires to ex-
tend until January 1, 1980 its option for accepting and
awarding said Contract and Proposal.
NOW THEREFORE, the parties hereby agree as follows:
1. The period in which the City of Iowa City may reject
or accept and award said Contract is extended until
January 1, 1980.
2. The amount of said Contract shall remain as contained
in the Contract and Proposal submitted by Metro
Pavers, Inc.
3. The specified completion date of the South Gilbert
Street Improvement Project shall be amended to Novem-
ber 15, 1980.
4. The City shall provide a physical possession date of
April 15, 1980 for all parcels.
5. Metro Pavers, Inc, agrees to maintain the present ac-
cess from Highway 116 and South Gilbert Street to
Pleasant Valley Nursery until June 16, 1980.
METRO PAVERS, INC. OF IOWA CITY CITY OF IOWA CITY
6�hdfP'L/
'nniL�CC.S/.
enneth Albrecht, President Mayor
Attest: w
City Clerk Vy
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
..2007 ,.-
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RESOLUTION NO. 79-505
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR To SIGN AND
CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF
NEIGHBORHOOD SITE IMPROVFMFNTc - crnn.:AI V
WHEREAS, Streb Construction Co., Inc.
has submitted the best bid for the cons
the above-named project. truction of
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That the contract for the construction of the above-named project is hereby
awarded to
n of I wa Cit Iowa
awardee secure adequate performance bond and insurancebce certificajec, to the tes. that
2. That the Mayor is hereby authorized to sign and the City Clerk to attest the
contract for the construction of the above-named project, subject to the condition
that awardee secure adequate performance bond and insurance certificates.
It was moved by Roberts
that the Resolution as read a adopted, and and seconded by Ferret
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, 23rd day of October
—' , 19 79
MAYOR
ATTEST:
CITY CLERK Received 8, Approved
By The Legal Department
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MICROFILMED BY
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CEDAR RAPIDS -DES FIOIIIES
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CONTRACT 10—d
THIS AGREEMENT, made and entered into this 5 "� day of
19�, by and between the _ City of Iowa City, Iowa
party of the first part, hereinafter referred to as the "Owner" and
party of the second part, hereinafter referred to as the "Contractor".
WITNESSETH:
That whereas the Owner has heretofore caused o be prepared certain plans,
specifications and proposal blanks, dated they / day of _l /f Ito [I;,;
19aC
, for the Neighborhood Site Improvements - Sidewalk Repair Proaram
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under the terms and conditions therein fully stated
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and set forth, and
Whereas, said plans, specifications and proposal accurately, and fully
describe the terms and conditions upon which the Contractor is willing to
perform the work specified:
NOW, THEREFORE, IT IS AGREED:
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1. That the Owner hereby accepts the attached proposal of the Contractor
j for the work and for the sums listed therein.
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2. That this Contract consists of the following component parts which
are made a part of this agreement and Contract as fully and absolutely
as if they were set out in detail in this Contract:
a. Addenda Numbers 1 1 2
b. "Standard Specifications for Highway and Bridge Construction",
Series of 1977, Iowa Department of Transportation, Highway
Division, plus current special provisions and supplemental
specifications.
c. Plans
d. Notice of Public Hearing and Advertisement for Bids.
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CEDAR RAPIDS -DES MOINES
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e. Special Provisions
f. Proposal
g. This Instrument
The above components are complementary and what is called for by
one shall be as binding as if called for by all.
3. That payments are to be made to the Contractor in accordance with
and subject to the provisions embodied in the documents made a part
of this Contract.
4. That this Contract is executed in 3 copies.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals the date first written above. �7
Contractor (Seal)
By 1� �Cc/lam• [ �. ru-(Seal) By -
(Title) Mayor (Title) a22ca
ATTES ATTEST:
(Title) City Clerk (Title) ompany f iciaT)
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CEDAR RAPIDS -DES MOINES
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e. Special Provisions
f. Proposal
g. This Instrument
The above components are complementary and what is called for by
one shall be as binding as if called for by all.
3. That payments are to be made to the Contractor in accordance with
and subject to the provisions embodied in the documents made a part
of this Contract.
4. That this Contract is executed in 3 copies.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals the date first written above. �7
Contractor (Seal)
By 1� �Cc/lam• [ �. ru-(Seal) By -
(Title) Mayor (Title) a22ca
ATTES ATTEST:
(Title) City Clerk (Title) ompany f iciaT)
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JORM MICROLAB
CEDAR RAPIDS -DES MOINES
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PERFORMANCE AND PAYMENT BOND
No. IA 390717
KNOW ALL MEN BY THESE PRESENTS THAT Jtreb Construction Co., Inc.
Iowa City, Iowa
(Here insert the name and address or legal title of the Contractor)
a Principal, hereinafter, called the Contractor and Merchayts MutVkU_Qntlin9._.
Company, Des Moines, Iowa as Surety, hereinafter
(Here insert the legal title of the Surety)
called the Surety, are held and firmly bound onto the City of Iowa City, Iowa,
as obligee, hereinafter called the Owner, in the amount of Eighty -Five Thousand Three
o
Hundred Ninety -Four -Four 8 40/ bogih5 ars ($ g8,394.40) for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated z< p ,
-:: 1911, entered into a Contract with Owner for...
the Neighborhood Site Improvements - Sidewalk Repair Program
In accordance with plans and specifications prepared by the City of Iowa
City, which Contract is by reference made a part hereof, and is hereinafter
referred to as the Contract.
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NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if
Contractor shall promptly and faithfully perform said Contract, then the
obligation of this bond shall be null and void; otherwise it shall remain
in full force and effect.
A. The Surety hereby waives notice of any alteration or extension
of time made by the Owner.
B. Whenever Contractor shall be, and is declared by Owner to be, in
` default under the Contract, the Owner having performed Owner's
obligations thereunder, the Surety may promptly remedy the default,
or shall promptly:
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1. Complete the Contract in accordance with its terms and
conditions, or
2. Obtain a bid or bids for submission to Owner for completing
' the Contract in accordance with its terms and conditions,
and upon determination by Owner and Surety of the lowest
responsible bidder, arrange for a contract between such
bidder and Owner, and make available as work progresses
(even though there should be a default or a succession of
defaults under the Contract or contracts of completion
arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the Contract Price;
but not exceeding, including other costs and damages for
which the Surety may be liable hereunder, the amount set
forth in the first paragraph hereof. The term "balance of
the Contract Price", as used in this paragraph, shall mean
the total amount payable by Owner to Contractor under the
Contract and any amendments thereto, less the amount properly
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paid by Owner to Contractor.
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C. The Contractor and his Surety shall, in accordance with the provisions
of Section 384 of the Code of Iowa be obligated to keep the improvements
covered by this bond in good repair for a period of two 2 years
from the date of acceptance of the improvements by the Owner.
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D. No right of action shall accrue to or for the use of any person or
corporation other than the Owner named herein or the heirs, executors,
1.
administrators or successors of Owner.
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CEDAR RAPIDS -DES MOINES
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IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and '
Surety shall, in accordance with provisions of Chapter 573 of the Code of
Iowa, pay to all persons, firms or corporations having contracts directly
with the principal or with subcontractors all just claims due them for
labor performed or materials furnished in the performance of the contract
on account of which this bond is given. The provisions of Chapter 573, Code
of Iowa, are a part of this bond to the same extent as if they were expressly
set out herein.
SIGNED AND SEALED THIS 31st DAY OF uctnh r A.D., 19_Z2__.
IN THE PRESENCE OF:
1 G 4'r „O
Witness
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CERTIFICATION
I, the undersigned officer of the MERC14ANTS MUTUAL BONDING COMPANY, hereby certify that the
following is a full and true copy of Section 5 and Section 5b of Article II of the By -Laws of said Company:
Section 5: — The Chairman of the Board or President or any Vice President or
Secretary or any Assistant Secretary, shall have power and authority to execute
on behalf of the Company, and attach the Seal of the Company thereto, bonds
and:undertakings, recognizances, contracts of indemnity and other writing
obligatory in the nature there of.
5b: — The signature of any authorized officer and Seal of the Company may be
affixed by facsimile to any Power of Attorney or Certification thereof authorizing
the execution and delivery of any bond, undertaking, recognizance, or other
suretyship obligations of the Company, and such signature and seal when so
used shall have the same force and effect as though manually fixed.
I, further certify that the following are duly elected officers of the Company. W.W. Warner, President and
Chairman of the Board; H.D. Stiles, Vice President; Rodney Bliss III, Vice President; William W. Warner, Vice
President; C.W. Story, Vice President; M.M. Thompson, Vice President; M.J. Long, Vice Pre;ident; W.G.
Brundage, Secretary -Treasurer; Gene Davis, Assistant Secretary.
IN TESTIMONY WHEREOF, I have hereunto set my hand as President and affix the Corporate Seal of the
MERCHANTS MUTUAL BONDING COMPANY, this 31st day of _Qctober , 19 79
President
State of Iowa )
)ss
County of Polk )
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i On this 31st day of October 19-71„ before me appeared W.W. Warner, to me personally
known, who being by me duly sworn did say that he is President of the MERCHANTS MUTUAL BONDING
COMPANY, the corporation described in the foregoing instrument, and that the Seal affixed to the said
instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed
in behalf of said Corporation by authority of its Board of Directors,
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal at the City of Des Moines,
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Iowa, the day and year first above written.
i
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Notary Public, Polk County, Iowa
My Commission Expires 9-30.80
NOTARY SEAL
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES F101NES
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FORM OF PROPOSAL
FOR THE NEIGHBORHOOD SITE IMPROVEMENTS - SIDEWALK. REPAIR PROGRAM
CITY OF IOWA CITY
NOTE TO BIDDERS: r
PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF
THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED
TO BIDDERS UPON APPLICATION TO THE ENGINEER.
Name of Bidder Streb Construction Company Inc.
Address of Bidder 18 Commercial Drive Iowa City, Iowa
TO: City Clerk
City of Iowa City
Iowa City, Iowa 52240
The undersigned bidder submits herewith bid security in the amount of
S 6,500.00 in accordance with the terms set forth in the "Standard
Speci ications", Article 1102.12.
The undersigned bidder, having examined and determined the scope of the
Contract Documents, hereby proposes to provide the required labor, services, _
materials and equipment and to perform the work as described in the Contract
Documents, including Addenda #1 , #2 , and
and do all work at the prices ler�eiafter set out.
We further propose to do all "Extra Work" which may be required to
complete the work contemplated, at unit prices or lump sums to be agreed
upon in writing prior to starting such work, or if such prices or sums
cannot be agreed upon to perform such work on a force account basis, as
provided in the "Standard Specifications". j
' ESTIMATED UNIT EXTENDED
i
ITEM DESCRIPTION UNITUAQ NTITY PRICE AMOUNT
f 1. Sidewalk, 4" P.C. C. Sq. Ft. 33,488 $_2_55__ $_a5,3_4j0
TOTAL EXTENDED AMOUNT $ 85,324, 0
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MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 410 RIES
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The undersigned bidder certifies that this proposal is odeperson
'good
faith, without collusion or connection with any
bidding on the work.
The undersigned bidder states that this proposal made in conformity
with the Contract Documents and agrees that, in the event of any discreDocuments
pancies
or differences
between
n any
conditions
f his Ponsooi
fthe latter the osshall tprevail.
reCit
FIRM
a
18 commercial
Drive Iowa Cit owa
P-7_
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
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rYA"IY. � •�r� v I ,.• � (� I C r g A � a ...y 11 s •.l .,1 J, �� . ..• /ice i
�ry.Ol V *'� n? �' i' A L"� �, • • �£ '� �,'>Z ��'�" � ( ���� �� �I � gr rl �k{� �a• �l
.r K r. 1 f' , • .w1d ,.
r i I l. �`M • L _� i
.rAMI •ND ADDaLss or .r.I Nc.
Janes Agency( Inc. COMPANIES AFFORDING COVERAGES
250 E• Locust St. —
Davenport, Ia. 52803 [OMPA„Y l4
"TT`R Iowa National Mutua
COMPANY B
LETTER
ryAM1 AMD ADDRESS CT INSURED
COMPANY
Streb Construction Company, Inc. LETTER
28 ammercial Drive COMPANY D
Iowa City, Ia. 52240 tEEIIR
COMPANY r
LETTER C
Tnn n mtt :ity L`at pobdo of insurance IisLed Mlow have been issued to the insured named above end are in torte at Lhis lime. No:wnhstatuch a
I IY any cnn4act w other document with respect to which this certificate may be issued ar may pertain theH d
terms. exclusions and condifiem of such poNcies.
3100
insurance a Ord M by the policies escnlXd herein is subI Io all IM
COMPANY
1(Tl(P
I YPL OI INSURANCE
{
POLICY NUMBER
POLICY Lim Ls o L a
BL in Dusan f
r
(ALGN!La1(
GENERAL LIABILITY
EXPIRATION DATE
(AEN
ocC"BMOE
_ _
A
RcoA(raEHENs>vL FORM
11FOW
BODILY INJURY
$500
f 5 00
CCC
V�,
80 131 473
SIATUIDRY
7, '
�PRLMISLS-0PLRAIpN$
S 100
HCrghMMi
a EXPLOSION AND COLLAPSE
PHOP(RIY DAMAGE
3 250
3 250
HAZARD
UNDERGROUND
HAZARD
nPRODUCTWOMP(LIED
S HAZARD
CAL
BODILY INJURY
INSURANCE
BO(M PROPERTY
1ING`EPL`N`DFGN1
AND
PROPERTY DAMAGE
S
S
M
COMBINED
CONTRACTORS
f
19Pr RSONAL INJUR'I
PERSONAL INJURY
3
AUTOMOBILE LIABILITY
A
RCOMPNEH[NSIV[
BODILY INJURY
(LACHPLRSON)
1 250
FORM OCC
80 131 473
V�1I0"ED
Y�.rAs NIRED
IAd NOn-0vm[D
i
EX
• CESS LIABILITY
A 1CL(�jL UMBRELLA CORM
LJ OTHER THAN UMBMLLA
FORM
A wORAERS'COMPENSAI
and
EMPLOYERS' LIARU n
BODILY INJURY 1 500
(EACH ACCIDENT)
PAOPEKVO4MAGC
3100
r.s A
`
HODILYINJU(O'AND
�A.
PHOPERTYDAMAGC
COMBINED
BODILY INJURY AND
C
f
PROVLUTYDAMAGE
11FOW
31I0w
COMBINED
NC 30 471 621
SIATUIDRY
7, '
S 100
HCrghMMi
I'OCSCRIYIgN Or UrCNAhON_ LLp[ ISN[NICI[5 -MMM
Curb Ramp Program
Sidewalk Repair Program j
i
Cancellation: Should any of the above descr'b d policies be cancelled before the expiration date thereof the issuing com•
pany will �a '
endeavor to mall __ days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
'. NAME um AoulRss urcnnntuluwLD[n
City Of Iowa City, Iowa DATE ISSUED, 2-30-79
Iowa City Civic Center -
IOwe City, Ia, 52240y.
iAU1ntORlan NET” silrt Al N[ _ n
1ACORD 25 (1•79) -
IIICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOVIES
MICROFILMED BY Tr
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
ME
MICROFILMED BY Tr
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
RESOLUTION N0, 7979-506_
TO RESOLUTION AUTHORIZING THE ,MAYOR TO SIGN AND THE CITY CLERK
ATTEST AN
PROVIDEEMENT TRANSITTH THE APITALOWA ASSIISTANCEEFOROFYSO,
TRANSPOR-
WHEREAS, it is in the public interest
Proved public transit for the citizens of Iowa Cit
to provide im-
iYHEREAS, the Iowa y, and
provide capital assistancetoof Trans
acquisition of transit e the Cit Iowa
City
will
9uipment, y of Iowa City for the
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY OF IOWA CITY, IOWA to authorize
the Cit COUNCIL sign
THE
Depart-
ment OfyTransportationattestoan agreement the Mayor to si n
with the Iowa De and
for FYSO_ provide transit
capital assistance
It was moved by
Roberts that the Resolution as Perret and seconded by
upon roll call there were: read be adopted
and
ATTEST
AYES: NAYS:
ABSENT:
X
Balmer
X
deProsse
X
Erdahl
X
__ Neuhauser
X
Perret
x
Roberts
X
Vevera
Passed and approved this 23rd day of October, 1979.
hiA YOR
l
CITY CLERK
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOIRES
� 1RECISIVErI � �_ ,
AGREEMENTS/CONTRACTS
Attached are L unexecuted copies of
/�-73-7i
Y
as signed by the Mayor.
After their execution by the second party, please route
2) �� �. T.
3) _/-29, l /
5) U %/
zc'/-itGCL�itacti�Jis to be responsible for
completion of this procedure.
Abbie Stolfus, CNC
City Clerk
BEST
DOCUMENT
AVAILABLE
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOVIES
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IOWA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSIT DIVISION
JOINT PARTICIPATION AGREEMENT
1.0 General Provisions
2.0 Roles and Responsibilities
Of the Public Agency
3.0 Roles and Responsibilities
Of the Department
4.0 No Provisions
5.0 Performance Standards
Y
6.0 Finances
7.0 Reporting Requirements
8.0 Contract Non -Performance
1,0 KNERAL PROVISIONS
9.0 Settlement of Disputes
10.0 Termination or Suspension
of Project
11.0 Renewal, Renegotiation, and
Modifications
17.0 Hold Harmless
13.0 Assignability and Subcon-
tracting
14.0 interest and Prohibited
Interest
15.0 Additional Agreement
Provisions
:: iS .':,::.:::.' :.•i• is ::nd r,n 1.,; rr:d i nL•o of i s lay of
bP PRi,KSP01i7A7TON,9TMFNT
an age_ncynofhtilecState Of Iowa,Phercinaf:ter
called the "DEPART1413NT", and the
_CITY OF IOWA CITY -- -- catr•3 ;;t
410 -$.-Washington, Iowa City owa—sz-z-0"-- — -
'i,_reinaNCIr called t'We °PUBLIC AGENCY".—in ronsiun
r:�Eion of
the rnntual covenants, promises and rcprr•:aen L•n Lions herein, :,e
..sties ai3rce as follows:
;;le I1•;I*A;%T.1i•:if' ngrv•os Lo t :rl ir(J r,te in I he_ PI+1 `.1^U'C as o.11 l t
13ESZI\ ' ;n this ;,r!r :;!;;;'r from July 1, 1979 Ili, .•;h
DOCUMEW •I•Ine 30, 1982
AVAILOLE
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 110IIIES
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1.3 PIIRPOSE OF AGRIiFI• ENT
The purpose of this AGREEMENT .is to provide financial
assistance to the PUBLIC AGENCY as appropriated and authorized
by H, F, 738 FIRST Scssion of the ' SIXTY-EIGI1.111-1
General Assembly for' ' - CAPTIAti ASSISTANCE as
described in the application her ie n made as a part of this
AGREEMENT and hereinafter called the "PROJECT".
1.4 ITEMS COVERED BY THE AGREF,1.IENT
Items covered by this AGR)•:EMENT include the parties to the
AGREEMENT, the terms and conditions upon which reimbursement
will be provided and the understandings and promises made as
to the manner in which the PROJECT will be undertaken and
completed.
1.5 D)•1F:1N.1T1ONS OF TI -:RMS
The
following Lerms when used in this AGREFRIENT will have the
following meanings:
(A)
Capital F..rpenses - All eligible 13ROJF.CT expenses related
to the purchase or construction of transit equipment
I
and facilities.
(B)
Capital Support Peed - Capital expenses that need to be
covered by capital funding..
(C)
Capital Support - All monies received by the PROJECT not
specifically related to transporting individuals or
contracting on the basis of units of service, but for
the purpose of underwriting the capital support need.
(D)
Capital Program Support - Total capital support less the
capital support from sources other than the Iowa Depart-
ment of Transportation.
(E)
/.:: lt.m-Spec.ifi.c element or task of this AGREEMENT
1, r.:riljorl in S uf:ion 6.2 for which a maximum amount and
t,r1*C1•nl,nye has linen estrnblished.
(F) Cer:lirng Amount - Nar.imum amount asrigne_d to specific tasks
or clr:rnr:nts of this AGRFEMENT, or for this AGREEMENT as
a whole.
(G) Participation Percentage - The percentage_ :;hi rh rinnot,�s I he
part or portion of the PROJECT or ta:;k which will be
funded by any given funding source.
(H) F:u:dirg Co-:oittrrant - The maxiiaum o:,ount or rcuivnm parti-
BEST cip.-ition parccritage any gi.ven funding !;oiiice h,ir: r. ounuil.f •d
DOCUMENT to ,};rough the 11I11,,LTC i.Gi•;;1f;Y fnr. this /•Ir;Yr:P-11,.I4T rind Ii:•�•II•:�:'P.
AVAILABLE (I) Cu;1:_:al Coatr.rrt '711;101-t - Capital :;uhprrEL- contr.;cted to the
PUaLIC MENCY.
rte- __ . - -. •.-..-.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
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1.6 AUTHORIZED REPRESENTATIVE
The authorized representative of the PUBLIC AGENCY is
R_OBERT A, VEVERA._.__"' (i.e., who
has signatory ps)
ower. -
1.7 PROJECT MANAGER
The project manager for this project on the staff of the
PUBLIC AGENCY is HUGH_ MOSES JR.'' who is
directly responsible for the performance called for in this
AGREEMENT.
2,0 ROLES AND RESPONSIBILITIES OF THE PUBLIC AGENCY
2.1 The PUBLIC AGENCY shall purchase all capital equipment and
construct all facilities in the AGREEMENT for which financial
i assistance is being provided by the DEPARTMENT pursuant to
this AGREEMENT.
2.2 The PUBLIC AGENCY"shall commence to carry out the goals and
objectives as described in Section 5.8 and as described as
PROJECT REQUIREMENTS in the application.
2.3 The PUBLIC AGENCY shall disclose to the DEPARTMENT any additional
funding sources that may be acquired or made available to the
AGENCY during the PROJECT period.
3.0 ROLES AND RESPONSIBILITIES OF THE DEPARTMENT
3.1 The DEPARTMENT will promptly reimburse the PUBLIC AGENCY
for all justified and complete billings. However, the
DEPARTMENT may deny part or all of any reimbursement request
from the PUBLIC AGENCY that the DEPARTMENT feels is not
warranted or justified or that may exceed the rightful amount.
of reimbursement to the PUBLIC AGENCY.
3.2 The DEPARTMENT shall provide management and technical assis-
ance to the PUBLIC AGENCY as noted and detailed in Chapter
601J of the Code of Towa (1979),
3.3 The DEPARTMENT shall, as security for the funding, hold a
security inzerest on all vehicles and equipment purchased for
this PROJECT by the PUBLIC AGENCY with the State participation.
The security interest shall be a percentage of the market value
equal to the percentage of the purchase price that the State
funds represent.
4,0 110 PROVISIONS
MICROFILMED BY
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5.8 CONTRACT-OBJEC'I_IVES
Progress or attainment of the following enumerated contract
objectives will, in part, determine the level of funding
during the ensuing year. Acceptance of those items will
be subject to audit verification of the financial and oper-
ating data supporting said items.-
5.81 Statistical Objectives_:
(A) Annual Ridership = 1,700,000
(B) Annual Ridership _ ' 1,700,000 = 1. 82
Operatiiig Expense 933, 265
(C) Annual Miles of Operation = 680,000 = 0.73
bperaEing 16xlTcnse 933,265
(D) Revenue - 406,732 _ 0.44
Operating Fapense 933,2-b5
5.82 System Objectives:
I
(A) Increase system ridership by 3% for 4/1/79 through 3/3/80_ -
Restructure the routes through an in-depth analysis and irnple-
(B) -- --- - -- — --- -- -
mentition by 7./15%,90.
(C) Direct a marketing and a promotion campaign to increase rider-
ship during off-peak hours starting 7/1/79, using the liwa DOT
Operator's T4arketing Manual.
(0) Obtain funding approval for transit coaches by rubrnitting a -
8LV' Section 3 rand/or Sucli,m 18 grant ahplicatiun by 1/1/80.
Iqy C AIZArl' -
zV
6 -
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES IIOIIIES
5.82 System Objectives (continued)
(E)
(F)
(G)
(H)
6,0 FINANCES
6.1 METHOD OF
PAYMENT
The method of payment by the DEPARTMENT is the reimbursement
of
expenses up to limits described in this AGREEMENT, as
follows:
6.11 For
each line -item of this AGREEMENT the DEPARTMENT will,
upon
receipt'of sufficient documentation and appropriate
request,
reimburse the PUBLIC AGENCY for the lesser of
the
following three amounts:
(A)
Actual line -item amount as denoted in Section 6.22;
(B)
roiling amount establi.^.hed in this AGREEMENT for
the l..ine-.item, as denoted in Section 6.22; and
(C)
The amount corresponding to the DEPARTI-IF,NT'S
line -item participation percentage multiplied by
the actual line -item amount as•denot:ed Section
.in
6.23.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
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'6.12 Advance funding is available from the DEPARTMENT for this
project as follows from H.F. 738 of the 68th General Assembly:
"Notwithstanding chapter eight (8) of the code,
'it is the intent of the general assembly that
funds appropriated for public transit purposes
to implement a state assistance plan shall be
allocated in whole or in part to a public transit
system prior to the time actual expenditures are
incurred if the allocation is first approved by
the State Department of Transportation. A public
transit.system shall make application for advance
allocations to the State Department of Transportation
specifically stating the reasons why an advance
allocation is required and this allocation shall be
included in the total to be audited." '
Advance funding provisions may be made part of this agreement
by amendment, in accordance with Section 11.0 of this
AGREEMENT.
6.2 FINANCIAL LIMITS
6.21 The estimated total transportation capital support need of the
PROJECT is $—3L9,Zf0--_, based upon the following analysis:
6.22 The DF,PARTMF.NT's participation in the PROJECT cost will be.
limited to the following funding criteria:
i
- DEPARTMENT's
LINE -ITEM
DEPARTMENT'S PARTICIPATION
LINE ITEM CEILING AMOUNT PERCENTAGE
i
— --------- 3 BUSES--- --_._._ ^2, OZ9 --
t.
i.
TOTAL DEPARTMENT
CEILING CONTRACT $Z,029
LIMIT
we
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
0.64
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Total Capital Funding$ _-319,200 — I 100% - II 1008
Amended to substitute FY'79 line items for purchase of bures line item during this cuntr;:-
performance period.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
6. 23 The capital_ expenses for the
PROJECT will be
covered by capital furding'cons1sting of the
following sources:
CAPITAL FUNDING (ALL SOURCES)
PARTICIPATION PERCENTAGE
SUPPORT If
PROJECT
A, CAPITAL SUPPORT SOURCES -AMOUNTS)
1. CONTRACT SUPPORT
o.64
o.64
a. Iowa DOT $.2, OZ9 ---
"—
j
b. Iowa DOT(FY'79 carryover) 14, 730 *
80.00
— -
80.00
_UMTA Section 3/Fection 18 255, 360
.4. 6t
4:61
d.- Iowa DOT(FY'78 carryover) 15,161.
4.75
4.75 _
- -
e.
h.
i.
j-
2. NON -CONTRACT SUPPORT
a. City of Iowa City (Equipment replacement
ReserveFund) $31,920
10. 0.0
10.00
p,
I
Total Capital Funding$ _-319,200 — I 100% - II 1008
Amended to substitute FY'79 line items for purchase of bures line item during this cuntr;:-
performance period.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
6.3 PAYME'N'T OF VUNDS
6.31 In the case of ally individual line•-iLr•rn and the total
contract amount,'if the ::mount Pligib.le to be paid
cgnal•s zero dollar, there will be no funding by the
DHPAR'1MXNT for any such l inc-•itrms as this circrun:;l:ance
rppl i ns to line -items, and fur I -be total contract- as
1 his r,i rcnw:;t:ance appl ir's to the lutal Contract (refer
Lo Suction 6.11 for line•-.i.toms and Section 6..12 for the
total contract),
_ 6.32 .r£ there .is no _"capiLal :support need% there will be
no funding by the DEPARTHEN1f. No provision for profit
or other .incrrment above cost at DEPAR'lI-SENT EXPENSE is
intended,
6.33 Rei.Inbursemont requests by Lhe P1.113LIC AGENCY Lo the
DE'PAR'1MENT shall be made by line-itcm'as outlined in
Section 2.22 Reimbursement requests
shall reflect costs incurred toward each task_ Over-
runs in costs of tasks shall not be reimbursed unless
a "change of work" request has the approval of the
•
DEPARTMENT prior to the occurrencoof the cost overrun.
THE DEPARTMENT's total ceiling amount shall not he
increased by this provision.
6.34 Any revenue generated by .interest payments on PROJECT
funds .hall be credited Lo the PROJECT ns non-operating
revenue.
6.4 No Provisions
G.5
AUDIT AND TI<FPY,'C'TI0N OF nOOYS,- PRDI'L•'RTY AND SEWHIE
6.51 All ar..r_ounting prnr:ticr's applied and all rouor,is ::win -
t a i n -d will he in arcoflance wi A gonr•rally :I4.,,P;.t.e'd
t_ i 1.89 pc.i nci phis and I;rorra7ures asr.l l as 1 L,;sc
that m4Y he prnscrihr'd by Lhe DIiPAR'PMENT.
6.52 ',he_ VW'I,IC AGENCY shall permit and shall require i.Ls
cont.roct:ors to permit the DEPARTi1Y.NT's authorized
'r-P.prn!3.I nLives to inspect all work rrator..ials, ::•:r::,?s,
:l,d r,ny 01:111-:r data with rr•garrls to rhe PROJECT ami l.o
„ariit the honks, ro,:ords, rind r:crunr,l.s of 1?)P_ r:'::r,iC
A('L:'M:Y ,,nd its ConLracLors with r,:r,ar,;s to the I'r•mmT.
6.',3 All. rr•rr,rri; .;hplic. hlc to Ilse 1'Y�)•I1•,r"P :';t: be r,•t.•ir„•d
•tv.-il.:hlo to liio i),)T far a L••ri:.:7 of Ilu:'e (1) v.• is
•Ifs l_1.- t.?, r. 1:1one o :
f 1111: 1';'(WXI.T Iu•r i•n7. 1111! 07 .I -H: !:r'. NI -'y
:.;:1111 I'_1.vi,?e „nl,;,•r: of !:.I if] r:.1:,rrll: .::nl rirn:r,;;u•I Lo
DOCUMENT
tl,e Drl•::;<',';s::r'P nl:,n r,::In:: ;lr.
AVAILABLE
10-
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JORM MICROLAB
CEDAR RAPIDS -DES MOINES
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6.54 The PUIIL'IC AGENCY shall provide all .informat:inn and
rcportcs r.ecpiirnd by the 1)tiPAlt'PMI;NT and ::hall perrmit
access to it.:; Looks, 'rc:anrda, accotml:s, other sourc:.•s
of inform.d.ion, rend if::; facili.l jos r1s m,cy Lc cleLc•iminr(j
by 1.110 I)XI1701'IM1-NT I:o be peri•incnt 1:0 a :crrlain com-
pliaiice. Yiluore any information required of the PUI71,1C
AGENCY is in the excl.us.ive possr_ssi.on of another who
fails or refusas,Lo furnish this information, the
1'UA1,LC AGENCY shall so certify to the Uh:PARTI*.NT and'
Shall set forl:h what efforts it has made to obtain the
infuimaLion.
G.55 The 1'U13L:IC AGFINCY shall permit Lhe DF,PARTIIIF.NT or its
authorized .repro:;unt:aLivus, to inspect all vehicles,
facilities and equipment that are part of the transit
system, all transportation services rr.ndnred by the
PUBLIC AGENCY by the use of such vehicles, facilities
and equipment, and all transit data and records.
7.0 81.1101 I Nc RI -0U t 1?1:tlrrrI'S
7.1 QIIAIZ'1'1•:I(I,Y IIK7'OUTS
The PUBLIC AGI{NCY .,yroi s f.o snpply at cluarLurly financial
operatiny sL.if.umrnL• along wif.h a list of all funding sourr_cs
and-mioimLs and a (1 11
n,trralAve progross report utiliz-
ing the report forms supplied by thr, ))RPAR'I'M)-'NT. This
in-Aer.i.al must be :;uLmi.LLed. Lo 1.11e DI°PAR'1411i14T within 30 days
after eacli of the first three cTrartnr-s, Failure to do so
during this contract period may result in the establishment
of a penalty or forfeiture clause in the following year's
operating contract, at the discretion of the DBPARTMENT.
7.7. YXAR 1•:4D M -TORT
AL
the
r•nd of the PiM31a:T
period, tho
PUNL'IC AGF;tNCY must
a::l
-nit
within 45 clays a final
invoice,
narrative and financial
,..•r.,liny
::I .11.•;rr:nL' ::Lcr;:iuy
the Lolat
r••:j.r•n:'r- r,nd revenue
.,t
Clic
IP:..Ita:'P. P,filnre
to do !;o will
he ytoilmis for forfei.t-
MI!
of
Ihc: funding of Ihr_
porl.ion
of f -he P)ROJFtCT
by
1 he
I)I;Ilk UTI-1XWE'.
.
1.3 RF:IMNIJ :;I:MXNT 1NF014MA'I•ION
7.31 The 1'IILIJC P-GI:IICY may submi.L• prryrossivo Li 11 in,; s f.o , I,e
Ui:PAI(TMi:.NT covering LLose P_lic,ible cocas 11.•11• 1;.,;•r. Lean
incurred and paid by I-l1P_ PURLiC
i DEST
D0CUM1:?'T
AVAILAl11.L
11 -
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
7.3 RE.CMBURSRI•IENT INFORl-WrION (continued)
7.32 The PUBLIC AGENCY agrees to submit any nocr_ssary daL.a
and informaLion as' Lhr. DEPARTMENT may require Co jusl.i Cy
and support'said PROJECT costs and payments.
7.33 The financial capital statement and narrative progress
report must accompany all requests for capital assistance
and be itemized so as Lo allow the DEPARTMENT to verify
Lhat the costs conform to the budget and objectives as
ontlinod in this AGREEMENT.
7.34 All invoices for capital n:;si::L:uir:e must be accompanied
by eitlier a purchase ordur or an Invoice from the vendor
7.4 REPORT SUBMISSIONS
I
B
iAll
reports and submissions from the PUBLIC AGENCY concerning
the P110JECT shall be sent to the Public Transit Division,
Towa Department of Transportation,:5268 N.W. 2nd Avenue,
Dcs Moines, Iowa 50313.
i 8,0 CONIRACF
'JON-PITFORMANCE
f
I
8.1
in the event of the 1''UIii,IC A(:hNI:Y's non• -compliance with
the provisions of Lhi.s contract, Lhe DF?1'AR'1't•1ENT ::hall impose
::nch contrfu:t sanctions as it may rletm.mi.ne to be appropriate,
including, but not limil.ed to:
(A) Withholding of payments to the PUBLIC AGENCY under
the contract until the PUBLIC AGENCY complies, and/or
(B) r.:,necllntion, Lerm.i.nation, or suspension of the contract,
in whole_ or in p,iuh.
8.2
If •,t :,uy f.ir:c it is r1eLr•r::,inrd by flit,. illil'I•R'i';;hNT that thr.•re
is ..iiy r;olsi.;u:)iug right or. ,_-lain of ri:,LL- in or Lo Lhe
PROJECT prop:nrfy, f.he r•xi:;tgncr. of •:ilei ,n'onl::s on undue
risk of .inf.arfc•rence with Phe oprvration of fie PRi)J1:CT or
j
Lhe performance of the covonanLs of the 1'I1111.IC ),GEIICY herein
contained, the PUBLIC AGENCY will acr,uire, evf:ingiiish or
modify ::ai.d right or claim i.n a manner ,.,.7uptable Lo Lhe
111{ I'i, lz'I'11 i :W'r.
0.3
'1'Lr: 1'I.1M,1C A(11•:?9CY will pr:,,::l,I l.y, upon wiif.l.r:n rroLifi.c•,,Li,.,n
:i;l,ur•:e flip NI•;!'iu<'I'NLIJ'r far ,iny jusfifi.,b)c nurli.t oxccpl.ira,s.
if r.:iwLur::,•.u,•nl: of. ,:unit ,•:fcr•pf ion; is not made l.o U:e
i
r'!'i.irrNiiw'r :,,i.11,in 180 ,l.,y; of :.aid tarif.l,•n nr,Cifir:,:l ion,
Lhc i;i:;'iaf9:�h:?i'r m•r tcc,,v,:r :.ur:Ii : r: iCd-iii l::c:.u:,lLa; fr ern :, u'•;••::y :unl:
,gESEN,�
SL.,te Traw;i.L• F.•..;y:,l.�:n!:r. I:fa+f:i:!•f';Il'I:S it Lhr: UI:I'T.h'i;i!iN'i"s ills-
DOCUM
:teflon.
AV
: i
i
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOVIES
I
B
■
I
9.0 SLITI_ENLNT OF DISPUTES
'Phe DEPARTMENT will, in all cases, dreide illy and all questions
which may arise concerning a question of fact in connect -ion
with the itclns covered by AGREEMENT, or between the parties of
this AGREEMENT.-
.10,0
GREEi•fENT.10.0 11:Rpj1NAT10N OR SUSPHNSION OF PROJECT
10.1 Te.rminaLi.on or Suspension Cr.nr_rally -If the PUBLIC AGENCY
abandons or before completion, finally discontinues the
PROJECT; or if, by reason of illy of the events or reasons, the
colmnencement, pr.oser_•ut.ion or timoly comploLion, of the PROJECT
by the PUBLIC AGENCY is rendered improbable, infeasible,
impossible, or illegal, Life DEPARTMENT may, by writtr-n notice
to the PUBLIC AGENCY suspend any or all of its obligations
under this AGREEMENT until such time as the event or condition
1 resulting in such suspension has ceased or been corrected,
or the DEPARTMENT may terminate any of its obligations under
this AGREEMRNT.
LU.2 Action subsequent to notice of termination or suspension upon
receipt of any final termination or suspension notice under
[.his Section, the PUBLIC AGENCY shall proceed promptly to carry
out the actions required which may include •illy or all of the
rollow.ing: (1) nocessary action Lo germinate or suspend, as
the case may be, PROJECT acl:ivitics and contracts and, (2) t
Furnish a statcanrnt of the status of the project activities F
;rs well as a proposed schedule, plan and budget for terminating
or suspending and closing out PROJECT activities and other
undertakings the cost of which are otherwise includable as
PROJECT costs. The closing out shall be carried out in con-
formity with the latest schedule, plan and budget within a
reasonable time. Reimbursement to the PUBLIC AGENCY in the
event of termination shall be for actual costs in accordance
wi Lh Gccl. i on 6.0 of this AGRRHMENT.
10.3 G.h.,r C,:mli P ions - not:wi l:h ,t:anrli ng ally othr.r provisions of
i 'l. i:; !•1'i:r'i•.::i•::7P, Ihr- I)F;l''7•.R'I';dlil•1'P .!:ay rlrct by notice in writing
:.pit 1.0 .il;r- a p.1f;:1-Tit 1.0 the PUBLIC AGENCY if illy of the rollow-
i:;g c::adit.ions rif t:nl.mination or suspension at the discretion
of the OF PAR'i'1.1 EN T.
10.31 The PUBLIC AGENCY shall have made mi.srr:prr:nnC::l:ir;n
of a. material nature in its application, or .::,y r;,.p-
plcmrnt or amondrm:nt, or in or with rosrr.ct 1.0 ::ny
documrnlL or d:,ta Furni::h..d.
f10.37. 'Phr.•re i:; plvlrii ny 1 i Li.Jal i r,n with n!spccL• Lo the per -
Ly lho 111MIIC A1:1';i1(:Y of •Iny of its dol.ics or
(,))I IrJ,:I ).,IIS -ah 11.11 may jra[4f I'Ii i;e Ur .vl Vr: C":._l.y .$I I"!ct
Ilio i'i'rJ•1Kt:'I', I hr. A.r�itl;F:i;tiJT, or to the 1'Y.OJiir"P.
BEST
DOCUM',NT
AVAILABLE
i
.13 -
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 1101NES
M ,
10.3 Other Conditions (Continued)
10.33 The PUBLIC AGENCY shall have taken an action perf.ain-
ing to the PROJECT which under the established pro-
crrbures required Lhe prior approval of the DOT or :;hall
havc.procecded to make r.clated expenditures or incur
rr_1at:cd obligations wil:hoot having been advised by the
DOT I:hat Hie same are .^,at-isfact:ory.
10.39 There has bren any violation of the conflict of
interest provisions contained herein.
_.. .. 10.35 The PUBLIC AGENCY shall be i.n'dnfanit unrler any of
the provisions contained horcin.
.11.0 RENEWAL, RENEGOTIATION, AMID MODIFICATION
11 L3 In the event the DEPARTMENT desires to make additions, changes
or modifications in the PROJE'C'T, the PUBLIC AGENCY agrees that
such changes will be made subject to its approval. In'the
event snr:h changes involve substantial additional expense and
time, Hie PUBLIC AGENCY shall advi.se the DN.PARTI•EWT or its
authorized rnpresrnt;at-ives in writing. Such changes shall be
made only after i:hc DEPARTI.1ENT gives written authorization to
Lhe PUBLIC AGENCY.
r,
11.2 In the event I.hat during 1 -lie per.iod of work, the PUBJ,IC AGENCY
shall find it advisable or nocescary I:o change, alter,or
modify the PROJJsCT in -lily way in ortler Lo improve I:he PROJECT
in ::orae manner, the D1iPA12'.I'MI•;NT agrees that I:he PUBLIC AGENCY
may make such changes, alterations or modifications, provided
that the DEPARTMENT or its authorized representative shall be
advised thereof BEFORE such changes are made and shall approve
of such changes in writing.
11.3 The ll1 PAlYt7 I:IJ'1 or PUBT,fC AGENCY may, from time to t.ime, rcqurst
rrhannrs in "le .^.cope of cervices and/or the time of performance
herrund,:r by I,he PUBLIC AGENCY. Snr_h changrs inr-lnding Wily
i ern r.:ar-
in I.hr. -11-90111111 of r..;;:.pr•n :nLion of the I'l MTc 'tGF.idCY
h .,re r.nlnally ngroorl upon Ly .uul bet_wr.•rn Ilre DEPARTMENT
.,,nil Lhc PUBLIC AGI'NCY shall he inrorporaLcd in writ.Lr•n amrnd-
,nr:nts Lo this AGREEMENT.
11.9 During the r.oucse of the PRO.IEr:T, it may be nr-•r(-?r.sary to
rc;visc the PROJXCT hndaIot. 1I0 midget revisi.,n :;hall he
,:•i'f ,,:live unless the 1) I'AR'JY•11•;1JT :;hall have ::pp1't,vr•d Lhe
l;riur Jo Lhc change and approval Ihr;reof to hn ,loc•umr-nlyd in
wri1:ing.
11.5 Tho PWILIC AGENCY to sr:rnrij wril.Lr•n (Jr any
in .:ny of. I.hn objr:r,l ivr• prior Lo init i.,l:ing „r• nn,lr:•r-
L,:Y,i:ul 'my such ,:hnnrjes.
BEST
DOCUMENT
AVAILABLE
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOIMES
I
17,0 1101_D HARMI.LSS
12.1 RESPONSIBILITY FOR CLATMS AND LfABIr.1111Y
The PUBLIC -AGENCY shall be responsible for all damages to
life, body, and property due to the act:ivilics of the
PUI3LIC AGENCY and its agents or employees, in connection
with their services under this AGREEI-LENT, and agrees to pay
cost, charges, expenses, or incurred liabilities to said
agent's or employees arising hereunder. The PUBLIC AGENCY
specifically agrees that its agents or employees shall .
possess Lhe experience, knowledge, and cliaracter to qualify..
i:hem'iridivi.dually for the paY:ticulai duties they perform.
Further, it is understood and agreed that the PUBLIC AGENCY
shall indemnify and save and hold harmless the DEPARTMENT,
its officers, employees, the. State of Iowa,, and the Federal
Cuvernrnent for all claims, suits, actions, damages, and
costs, whe_ther:real or asserted, arising out of any negligent
act or omiss.i'bn, whether real or asserted, on the part of
the PUBLIC AGENCY, its officers, agents and employees or sub-
contractors which may result from their operations in con-
nc,.cl:ion with the work to be performed.
12•.2 LTABiLI111Y OF THE DEPARTMENT
'Phe DI.IPARTMENT shall not be obligated or liable hereunder
to any party other than the PUBLIC AGENCY_
.. -:.13.0 ASSIGNABILITY AND SUBCONTRACl.II1G
13.1 Subcontracting, assignment, or transfer of all or part of
Life duties, activities, and responsibilities the PUBLIC
AGENCY is obligated to perform by the terms of this AGREEMENT
arc prohib.iLed except with the prior written approval of the
UKI'AR'1'N1.1N'P. rn Life event the DEPARTI•IISNT gives such approval,
the 13"11'1-y or parl:.ics 1:0 whom such work is subcontracted,
as:;igned or tr+m 5ferred shall he bound and Obligated by the
terms :;nd cr.,ndiHOf's of I.his AGRF:I:J1-IFNT as fully rend complet:ely
.Is the I'Ulil'IC, AGENCY.
13.2 The- PUULIC AGEMCY i.hall Lake e;uch action w.i.l:h respect to
;,fly ruhcont ra,-I: or procurement as the DEPARTMENT may direct
.:s a means of nnforcing such provisions including sanctions
for non-rompli.anre_; prowled, however, Ph.3t in the evrntL t:he
1'MILTC AG):NCY beromcs involved in or is Lhrr•ot:r nr:d with
tioil with a srlbcontracl:or or ::upplir•r cars a r.::u11.L of
such di.recLion, the PUBLIC AGENCY I:;ay r4r11r•til Ilse UEPA10111"IrT
Lo r_•nLe_r inLo such litigation Lo the. inLurrats of
the Sl•a1:e.
BEST
DOCUMENT
AVAILABLE
-15-
r--_ . -- - - I.. -.-•-.-
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 140111ES
a
14,0 INTEREST AND PROHIBITED INTEREST
14.1 The PUBLIC AGENCY shall i.nnert in all contracts entered
into in connection- with tiie PROJECT or any property included
_ -in any f;ROJECT, 'and sha.l.l• require its contractors to insert
in each of their subcontracts, the following provision:
."No member, officer or employee of the PUBLIC AGENCY '
•or of the locality during 1iis I.anure or for one year
thereafter shall have any interest, direct or indirect,
•- _-, .• in this contract or the proceeds thereof."' •-
The provisions of this subxcl:ion shall not be applicable
. to any agreement between the PUBLIC AGENCY and its fiscal
depositories, or to any agreement for utility .services
the rates for which are fixed or controlled by a Govern-
mental agency.
14.2 Neither the PUBLIC AGENCY nor any of its contractors or
their snbcontractors shall enter into any contract, sub-
contract, or arrangement in connection with the PROJECT
or any property included or planned to be included in the
PROJECT in -which any member, officer, or employee of the
PUBLIC AGENCY or the locality during his tenure or for one
year thereafter Lias any interest, direct or indirect, If
any such present or former member, officer or employce
involuntarily acquires or had acquired prior to the beginning
of his temire any such i.nlerr_st, and if such interest is
immediately disclosed to the PUBLIC AGENCY, the. PUBLIC AGENCY
with the prior approval of the DEPARTMENT may waive the
prohibition contained in this subsection; provided, that
any such present member, officer, or employee shall not
participate in any action by the PUBLIC AGENCY or the
local.i.ty relating to such contract, subcontract or arrangement
14.3 No member or delcgal:e to the Towa State Legislature or to
Lhe Cnngruss of the United States shall be admitL-ed to any
.hare or part of the AGREEMENT or any benefit arising there-
from.
15.0 ADDITIONIAI_ AGREEMINT PROVISIONS
Some miscr_.ilaneous general provisions not inclur'cd 41^r:.h,c•re
in the ACRE.,' E'NT are as follows:
I.S.I. ENTIRE AGREEMENT
This cunl:ract, expr.es:;es Lhr_ enl:i rc M1,10—:EMENT br.Lwr-•cn
pactA0- .uid no r.epr.cr,r:l)0ti.ons, pir1;ni0es or warrantics
have ln;r_n m:rdc by ciLhr,r of the pnrLi.es I.h:,t ace_ not fully
BEST \ exl,ces:;ed herein concerning this IlUOJECT.
T)WIE lENT1
AVAILABLE
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES IIOIIIES
M+
I
15.2 SAVINGS CLAUSE
15.3
i
15.4
15.5
If any provision of this AG1tF7i;MP.NT is held invalid, the
remainder of this ACRI•;I-A-IhNT Shall not be affected thereby
if such remainder would then continue to cunfOrm to the
terms and recjuirunu:nts of applicable law.
t9012D ING'
All'words used herein in the si.nynlar form shall extend to
and include the plural.- All words used in the plural form
shall extend Co and inclu(lc the-sinyular. All words used
in any -gender shall extend to•and .include all genders-:
BONUS AND COI.IMLSSION PROBII3ITION
By execution of the AGREEMENT; the PUI31,IC.AGENCY represents
that it has not paid and, also, agrees not to pay, Y
bonus
or commission for the -purpose of an
obtaining an approval of
its application for financing hereunder.
SUCCESSORS AND ASSIGNS_
It is further understood that this AGRY.EMF.NT and all contracts
entered into under the provisions of this AGREEMENT shall be i
bi.nd.i ng u1'un the DEPAIMXNT and PIJBT,IC AGENCY and their
succea;a;Ors and assigns.
e
15.6 COt•1PI,.IANCE t41'1'II I.At•7S
15.,61 The pU131,1C AGENCY ngcees to comply with all Federal,
State and local laws, ord.i.nances and resolutions
applicable to the prosecution of the work covered by
this AGREEMENT.
BE5'T • •
DOCUMENT
AVAlLART:r
15.62 It• is specifically understood and agreed by the parties
horeto that participation by the DLPAR'V-IENT in this
pl<OJECT requires compliance with the rules as defined
unrle-r the Iowa Administrative Code 820, which are
!,:-rain incOrporatrd by reference and made part of this
n(i i2 F.dI i F.NT.
15..63 It is understood and agreed by the parties hereto
that participation by the DOT in this PROJECT requires
compliance with the rules as defi.nr.•d under the Io•r:a
Administrative Code, Transpor.lation 87.0(01,8]2.0(307)
subtitled procuremant.. These rules became effec-
I.i.ve July'16, 1975, as provirirad umbar (he- :%,bnJni-
sLrative proealure Arot, Chaptrrr 17A,• Of the Code Of
Iowa, 19'15, which are he_r.ein inr.Orpoi:al.od by r.efercnr:e
::nd made part of Lhi5 A(;R I:F;!•11ii T1.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOItIES
15.7 COPYRIGii'P PROHIBITION
No reports, maps or other documents produced in whole
or in part under this AGREEMXNT :;hall be the subject of
an application for copyri7ht by or on behalf of the
PUBLTC AGENCY.
15,8 CONTRACT EXECUTION
This contract may be simultaneously executed in several
counterparts (in which case there shall be no less than
three (31 each of which so executed shall be deemed to
be an original, and such counterparts together shall con-
stiLute one and the same instrument.
TN WITNESS WHEREOF, the parties hereunto have caused this AGREEMENT
to be executed by their proper officials thereunto duly authorized
as of the dates below indicated,
IN WT'I'NIiSS THEREOF, we have horeunto set our hands this day
of ... - _._-- -- -� 1979.
u
CITY OF I011A CITY PUBLIC TRANSIT DIVISION
410 E. Washington IOWA DEPARTMENT OF TRANSPORTATION
Iowa City, Iowa 52240 5268 N.W. SECOND AVENUE
DES MOINES, IOWA 50313
Phone: 515/281-4265.
Robert A. Vevera
Br;ST
DOccjm.0 1)
AVAil,A,Bl�Q
By:
'.Joanne Short, Director
MICROFILMED BY
DORM MICROLAB
CEDAR RAPIDS -DES MOINES
MICROFILMED BY
JORM MICROLAB
Lnnu �nrlos•�u- ^uuM s