The URL can be used to link to this page

Home My WebLink About1994-10-25 Resolution " ~A1]\'::, :--,,>.:l:' ,~ " \\) , ~}J r ~ ~ I ~, 1 ~ i I ] I ll~ I " I \ ) ~ 11\",:,"',.,' ~l' ~:~' . '~'", I' j', ., . .'; '..:, . , :~i;\'I' ' , '.', ':~ :... '.. " " " ':.:' , , .'~... "':',.',\'.. f'l\+~ RESOLUTION NO. 94-325 RESOLUTION SETTING A PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 3 OF THE CITY CODE ENTITLED "FINANCES, TAXATION & FEES." CHAPTER 4 ON CITY UTILITIES TO INCREASE THE RATES FOR FEES AND CHARGES FOR POTABLE WATER USE AND SERVICE, AND WASTEWATER TREATMENT WORKS USER CHARGES. WHEREAS, water and wastewater rates, which were last increased in 1991, are proposed to be increased to generate adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt service for the City's wastewater treatment facilities, as well as its potable water supply and treatment facilities; and WHEREAS, the City of Iowa City is required to comply with federal safe drinking water standards, and is planning to construct a new water supply and treatment facility; and WHEREAS, the City of Iowa City is required to comply with federal wastewater treatment standards, and is planning to make improvements to double the treatment capacity of the existing South Wastewater Treatment Plant, and to construct a sanitary sewer line to connect the two wastewater treatment plants; and WHEREAS, water and wastewater rates for fees and charges will fund these projects over time; and WHEREAS, City Code requires that notice and public hearing on the proposed increased rates for fees and charges be provided to the public, prior to enactment of said rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. A public hearing is hereby set for 7:30 p.m. on November a, 1994, to be held in the Civic Center Council Chambers, to permit public input on the proposed rate increases for fees and charges for water supply and treatment facilities and services, and also fees and charges for wastewater treatment facilities and services. 2. The City Clerk is hereby directed to publish notice of said hearing as required by ~ 14- 3A-4, City Code entitled "Rates and Charges for City Utilities" as provided by state and federal law. Passed and approved this 25th day of October ,1994. ATTEST: ~~ ~ ~ CIT CLERK 1L4Al ),,'~~b ~A YOR ""- Approved bL .~# C ty Attorney's Office /d~W~ f1nadm\rntclnc.ros . " ~S3~ , '~~:~':.:,'~~~"~~'~'~'~::.~~::-~.~ "-:K_-"',r- " ", ," ',' ~/ ,t;. " .' \1 '~-.} 'C ~~..,-- - "' :, - .J..-v" )',...;";;','; 0,.,'".:\' .."" -~ . .. "f#,~ '~;'!...i . ',li ' 'I( " ~ I I~ ,,~ i'j ~IO ~. _ ,;"; ~1C'~' . :--.<:.~~,,:,..:..,:,,: ,I'"~ ',', ' Resolution ,No. 94-325' Page 2 ,- )"..',. '~ . ':", '.'.',1: '" : 'f'" i 1 '. -,-~,-,., .--~._-~.__...__. It was moved by Novick and seconded by 'Phr"W""rtnn the Resolution be adopted, and upon rol~ call there were: , i i I I , I i "j I i "':! ,I l , AYES: NAYS: x x x y x x I l "-, . .'1 ',:"1 :- ! . ~'. i , i , ! "'---,' ..,...;...~ 1'...' ,..-, ' \ \ ~r: II' , l k;~ II I" 11: ~~\! ~ .. . ri , , B"t , " ' '. ", ,',~ " ,', "," ,,"I " I" ~.ij , . ~ W ' , ':, ;.':,'" ,I.'":,,. l~ .. :(=' 0 'I, '.--,___I -:_-- ':: <-, ' ".":,,"~:'"J.O - "".-, <I,. '. "" ABSENT: ' Baker Horowitz x Kubby Lehman Novick Pigott Throgmorton )'>.',',.,',.,.' :' :. ,-" . -': ). ~" i, " ,. ,.." ' ,<',......, ,/. ,,,~"'r}~...\',\:;.,, " \ i I ~ ~3':l- , 'r-"'-" -',"" ii5 'I"~ I 0, ~Q't I / r, ,~', .,) ,~ft0i , , "1 ~ '.\ i.-, " , - ,;.' ~ , . -, -',.. ~.' . ' ~~, RESOLUTION NO. "\RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ~TTEST PARTIAL RELEASE AGREEMENTs CONCERNING THE STORMWATER M~AGEMENT EASEMENT FOR WINDSOR RIDGE PARTS 1,2,3,4 and 5 AND THEfUBLlC WALKWAYSITRAILS SYSTEM FOR WINDSOR RIDGE PARTS 1 & 4 WHEREAS, the ity of Iowa City, Iowa, a municipal corporation (hereinafter "the City") Arlington, L.C., a Iowa Limited Liability Company (hereinafter "Subdivider") entered in the following described ity-Subdivider Agreements recorded in the Johnson County Re rder's, Office: A. Windsor idge-Parts One and Two dated December 16, 1993 March 9, 1994 in Book 1 15, Page 150; B. Windsor Ridg -Part Three dated December 16, 1993 an 1994 in Book 1715, Page 18 . C, Windsor Ridge-Pa in Book 1715, Page 206; and d recorded March 9, 1994 D. Windsor Ridge-Part Fiv in Book 1811, Page 32; and nd recorded September 13, 1994 WHEREAS, the above referenced City-Sue ivider A eements for Windsor Ridge Development obligate the Subdivider to construct two stor{Tlwat management facilities to serve the entire development and to construct a pedestrian wal ay/trail system through Parts One and Four of the Development; and r , (, WHEREAS, the City does not ordinayi y rele e a development from the construction requirements relating to stormwater mflhagement cilities or other public improvements until the City Engineer certifies that per anent groundco er is established and mowable; erosion and sedimentation are wholly or su ,stantially controlle . substantially all lots within the tributary area in the development have b en developed andlor t e public improvements are otherwise complete and acceptable; and WHEREAS, in the interil'9~ien remains on the above pa of Windsor Ridge Development with a cloud on the titles to all lots in said development; and I WHEREAS, local b~ers and financial institutions are unable t market local mortgages on the secondary rn6rtgage market by reason of these liens and clo s on the title; and , I WHEREAS,,,t~e Partial Release Agreements would remove the c10u on the title to the lots in said Part~/of Windsor Ridge Development, while protecting the City by reason of the lien attaching to established escrow fund'. said escrow funds to be established and maintained by the 9'ty. Finance Department: and WHEREAS, the remaining requirements for construction, maintenance, access and other " ,~;':. C ' \. ~ : " I" I I I : i · r, i I ~~;'~; '. , \'~., .', ~ )! " ri. ~~ ,',. f:' 'I -- r=1.-=.....- _- " <C_~__ :'- I " 0, ',', -,-) 'Ji_ f" I) I 10. ?-531- I ,,''1 .. ", , ' )~i;m. , " "r .".,1,', .' . ", .. ,,~. ~ -, :.' . ~~\ VI 11[+) RESOLUTION NO. q4-~?h RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST PARTIAL RELEASE AGREEMENTS CONCERNING THE STORMWATER MANAGEMENT EASEMENT FOR WINDSOR RIDGE PARTS 1,2,3,4 and 5 AND THE PUBLIC WALKWAYSITRAILS SYSTEM FOR WINDSOR RIDGE PARTS ~& 4 d. ) WHEREAS, the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City") and Arlington, L.C" an Iowa Limited Liability Company (hereinafter "Subdivider") entered into the following described City-Subdivider Agreements recorded in the Johnson County Recorder's Office: A. Windsor Ridge-Parts One and Two dated December 16, 1993 and recorded March 9,1994 in Book 1715, Page 150; B, Windsor Ridge.Part Three dated December 16, 1993 and recorded March 9, 1994 in Book 1715, Page 180; C, Windsor Ridge-Part Four dated December 16, 1993 and recorded March 9, 1994 in Book 1715, Page 206; and D. Windsor Ridge.Part Five dated June 14, 1994 and recorded September 13,1994 in Book 1811, Page 32; and WHEREAS, the above referenced City-Subdivider Agreements for Windsor Ridge Development obligate the Subdivider to construct two stormwater management facilities to serve the entire development and to construct a pedestrian walkway/trail system through Parts One and Four of the Development; and ,....:-.. " ( " ,,\, C \1 \) \ ' ':~ WHEREAS, the City does not ordinarily release a development from the construction requirements relating to stormwater management facilities or other public improvements until the City Engineer certifies that permanent groundcover is established and mowable; erosion and sedimentation are wholly or substantially controlled; substantially all lots within the tributary area in the development have been developed and/or the public improvements are otherwise complete and acceptable; and t.:f",\ , ' , ' , If-; J I I ! I I I , ; WHEREAS, in the interim, a lien remains on the above parts of Windsor Ridge Development with a cloud on the titles to all lots in said development; and , ~ ! WHEREAS, local builders and financial institutions are unable to market local mortgages on the secondary mortgage market by reason of these liens and clouds on the title; and , i , , ! WHEREAS, the Partial Release Agreements would remove the cloud on the title to the lots in said Parts of Windsor Ridge Development, while protecting the City by reason of the lien attaching to established escrow funds, said escrow funds to be established and maintained by the City Finance Department; and : if' I'" I I I ) \\,'/ ~\\,,:'-' "./ WHEREAS, the remaining requirements for construction, maintenance, access and other ',,1i 'I: .~~ tI f;i{!.t:I~ "1\f":I' i!,'iIJftj: ".':(.,1' , 1...._"-";' _~t(--~'r--~- --, 0 ). , ~~" "..., '. "- '-v -d. - ,.' , "' .- ~ m ~ ~ t f d ! fJ, ,',"(' f\ ",' ,i'$li~!, , '.. ..-'~ ....~. .,....~'V- ( , ~;:" C~\ \\ ,,::t. Ii !'l: I , II : III 'I I , I 'L I' ! ~;, II, i I Jl ~I ' , ,"v7'; '; \ -','~ ~" . , ' r : ~, ' , " ,:(_0' .' \"j . ~t \ I'j: , " . ~ ' ,). .. . " .~. ..,:.' , '...., " , . ..__...'~ .A', Y' n~,""". ...._ .,'...,.. ....... ..,_~,_,.._.~_._",'__ .' , ,-, ",___~.'_'."~~'~'~'~___'___H_'__"'_';"'__"_''''_,_, Resolution No. 94-326 Page 2 requirements of the City-Subdivider Agreements would continue in full force and effect, in order to protect the interests of both parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to execute the Partial Release Agreements for Windsor Ridge Development Parts One, Two, Three, Four, and Five in order to protect local property values. 2, The Council finds that transferring the real estate liens to the escrow accounts is reasonable under the circumstances and protects the City's interests. 3. The Mayor is hereby authorized to execute and the City Clerk to attest the Partial Release Agreements, a copy of which is attached hereto, The Subdivider shall record this agreement in the Johnson County Recorder's Office, 4. Upon certification from the City Engineer that construction of the stormwater management facilities and pedestrian walkwaysltrails has been satisfactorily completed; permanent groundcover has been established and is mowable; erosion and sedimentation has been wholly or substantially controlled; and, in the opinion ofthe City Engineer, substantially all lots within the tributary area in the Development have been developed, the Mayor and City Clerk are authorized to execute a final release for recordation in the Johnson County Recorder's Office. It was moved by Nmri ~lr and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: f" .. I AYES: NAYS: ABSENT: x Baker x Horowitz Kubby ,', x x Lehman x Novick x Pigott x Throgmorton Passed and approved this ?~tn day of n~tnnp,. , 1994. ,I ATTEST: 7h.h;"~1!. ~~ ~' ssrahhUanduso\\\TIdge.res ' \,' , ' .""'pWa'1.1 . ,~'- >~::_ '" -=1 r~'o~l'~ ' \' - 2.53f " r , (.' , ., .i. ""} t' j " I " " , 0, .l?liT-J , , . ',~t :,\ f, I ..."': . ,'. . , 1 ~'" , :.,\' .. . LIMITED RELEASE AGREEMENT This Limited Release Agreement is made between the city of Iowa city, Iowa, a municipal corporation (hereinafter lithe Cityll), and Arlington, L.C., an Iowa Limited Liability Company (hereinafter IISubdividerll), who hereby agree as follows: 1. The parties acknowledge that by reason of the following described city-subdivider Agreements recorded in the Johnson County Recorder's Office: A. Windsor Ridge-Parts One & Two dated December 16, 1993 and recorded March 9, 1994 in Book 1715, Page 150; B. Windsor Ridge-Part Three dated December 16, 1993 and recorded March 9, 1994 in Book 1715, Page 180; C. Windsor Ridge-part Four dated December 16, 1993 and recorded March 9, 1994 in Book 1715, Page 206; and D. Windsor Ridge-Part Five dated June 14, 1994 and recorded september 13, 1994 in Book 1811, Page 32, ,- " --\ \ Subdivider is obligated to construct storm water control facilities (hereinafter IIfacilitiesll) as required by the City and as a benefit to said subdivisions. The parties further acknowledge that this obligation is deemed a covenant running with the land. 2. An irrevocable Letter of Credit regarding the construction of the facilities and the funds needed to complete said construction has been executed by Iowa state Bank & Trust Company, Iowa City, Iowa, and is attached as Exhibit IIAII and by this reference incorporated as a part herein. The parties acknowledge that this Letter of Credit has been executed for the city's behalf pending completion of the facilities, as certified by the city Engineer. r,:::~ , r I" i I i I I 3. The ci.ty acknowledges that construction of the facilities has been substantially completed, but a final release of the facilities by the city is not. yet appropriate. For this reason, the obligation of Subdivider to construct the facilities constitutes a lien and cloud on the above-referenced subdivisions. 4. In consideration of the city's release of its lien on the above-referenced subdivisions, Subdivider agrees that the lien on the lots in said subdivisions shall be transferred to and shall immediately attach to the funds referenced in Exhibit IIAII and that this lien shall remain attached to said funds until such time as the facilities have been completed; permanent ground cover is established and mowable; erosion and sedimentation are controlled; and, in the opinion of the city Engineer, substantially all lots within the tributary area of the Windsor Ridge development have 'r , 1',1 , , I : I ~ !;~~ r'1~ l_, r'~ 0 ""'-- - - .. -.. ~ - ,~ )i: 0 . ..-- _...,Q -. 2. 6 3Lf I It.. .. , ,', ",,-1 f" , tQ i . i 1 , ! " ,I !1 ~ ~ ~ ft r'~ ~\ll f,~l k~, III ," ,.; ,. G.l'\": .'::.~,/.Y"" ,',., .;.. i ,~,<~~,~,,\~,;t' " . . .-, ~ .~~; , , ,',", -.',"'. ,;..~'~'~ .".,...'_ .". .,. "..,;.~;rll.".".'~~"~""~"'" :,:,,;:<:~ :~":,,,~,..~-/~-: :.. -.. ,," ,,: ,1" . ';~''':''.':...2._~~~~:~~.....:'.....~'2.~_':':'_'~'~~"~",h:':''''''~_''''~'~'......._......._~_,......~_........;.,..;_____.. __, . been developed. At such time, the City will issue a final release to the Subdivider for recordation. , ! 5. Pursuant to its terms, Exhibit "A" expires September 30, 1995. If the storm water control facilities described herein are not completed on or before September 30, 1995: A. Exhibit ''AI' may be renewed upon application to and at the discretion of Iowa State Bank & Trust Company, in which case all terms and provisions herein shall also be extended for a like period; or ; , I . /\ B. If Exhibit "A" is not renewed by Iowa State Bank & Trust Company, Subdivider may place $7,500.00 in escrow with the city to secure the completion of the storm water control facilities, in which case the lien of the city for said improvement shall automatically transfer to the escrowed proceeds; or ,-.'.. -" , '" I , C. If neither subparagraph A nor subparagraph B occur, there shall be an automatic draw on the funds payable to the city, as described in Exhibit "A," to complete the improvement. 6. In consideration thereof, the City does hereby release Windsor Ridge-parts One & Two, Windsor Ridge-Part Three, Windsor Ridge-part Four and Windsor Ridge-Part Five from any lien or cloud now placed on the title to said property for the purposes stated in paragraphs 1 through 4 above. 7. This Limited Release Agreement shall not be construed as a release of Subdivider's obligations to complete the storm water control facilities and the site work incident thereto, which obligation shall remain the responsibility of Subdivider until the facilities have been completed and finally released by the city. Nor shall this Limited Release Agreement in any way alter, amend or modify the City-Subdivider Agreements described herein, except as provided in this Agreement. ,- , " " ~~, ti) m ~, . n ....X' C~'\ \ r1 I ' I ' f.:l i .. , , , ,I Dated this ~ day of November, 1994. i j I I i I i i ! I I '~ . II'i i( I '~''''?, ~',/ , , ~ L, NG~)r Gary atts, Member .", 2 ,,-:~ ',....', ,,-:I~.-.. ".,.'..4>-- 'J~" , ..,,' , )r':-".....,.':' ,,' 'O'~. <", :~i;:'_" '~' :'::.,\'.j;~:'__,.,.l:~';'ir~},,\ " 2..S3t '......-....'....""":"'1""'.' , ,,', -/ r;;" , ,,,", ~J Itt C - 2- ;" ,0' " ------ ";'1-~~;: . ' '" . />,-, ,~;:.,_:~' .....) [ r~ ;,'~," (.,~~ I ' '1 I' I' ~ , I ", " l ,:'; ,:';, i,~,' . ~. "::,~<,~t\:\'l'i . ," ' . ~ , ,,,' ',.'" . , , ;,'_',:, "',, -:,:, :'_ ..,.,.:--::",c; ',,;', ,.;.. ' , " ' ' , ..',.'____"'"''''''''''''-~.:.............__..._....;_M.. ......~~~._______'......-M,k.r,,.'..'._"..'~~.,,.~'.':,,.,,,__ ~''''w.....,_;,;,h.....+"....._.._'.._H.__:. a.. ~__ _... ,.. ';1 " STATE OF IOWA ss: JOHNSON COUNTY On this ~ day of November, 1994, before me, a Notary publ~c, personally appeared Gary D. Watts and John Moreland, Jr., to me personally known as members of Arlington, L.C., and do acknowledge that they signed the/foregoing instrument as their own voluntary act and deed and al 0 as' the voluntary act and deed of Arlington, L.C. CITY OF IOWA CITY, IOWA , ,(__0 ~:: , ~1h'~6 9Usan M. Horowitz, Mayor . J!~' ~Karr, City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this & --M day of ~ , 1994, before me, the undersigned, a Notary Public in and for said county, in said State, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being 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 the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of city Council of said municipal corporation; and that the said Susan M. Horowitz and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. &vM;(} I! (;J~/l ~ Notary Public in and ~~ihestate of Iowa 3 , .--, ,'.' .. :,. "-":LE~:o:,)j\,}.' , I '2.53f .', .1 ~ I l' " . /5 10/ ., " ' " . m,"E\l .' .. ~t ~\':..; ", .. , , , .' . , .. . ~, f" .",.. "__. '~~",_'..H"'_' _____.'.~,_, _._. " ,;,...,..",.~",..~~~,. '.. , EI' IOWA STATE BANK & TRUST COMPANY ISSUING BANK: STANDBY LETTER OF CREDIT NO. 293 Iowa State Bank & Trust Company Banking Division 102 S. Clinton Street Iowa City, Iowa 52240 U.S.A. DATE AND PLACE OF ISSUE: DATE AND PLACE OF EXPIRY: 11/04/94 Iowa City, Iowa, U.S.A. 09/30/95 APPLICANT: BENEFICIARY: ARLINGTON L.C. 1700 S. 1st Avenue Eastdale Plaza Iowa City, Iowa 52240 CITY OF IOWA CITY 410 E. Washington Street Iowa City, Iowa 52240 AMOUNT: USD7,500.00(SEVEN THOUSAND FIVE HUNDRED AND NO/100 ONLY U.S. DOLLARS) ~- " ' r '\ ,.-!:.;.:,~\ '\ ~ ~ f,~"(~ I, ! We hereby issue our Standby Letter of Credit No. 293 in favor of City of Iowa City ("Beneficiary") for the account of Arlington L.C. for a sum not to exceed USD7,500.00 (SEVEN THOUSAND FIVE HUNDRED AND NO/100 ONLY U.S. DOLLARS) available by your draft(s) at SIGHT drawn on Iowa State Bank & Trust Company, Iowa City, Iowa accompanied by the following document: ~ : A Beneficiary's signed statement, signed by an authorized representative of City of Iowa City, stating: "We certify that Arlington L.C. has not completed storm water control facilities for Windsor Ridge-Parts one through Five, in a satisfactory manner. This includes, but is not limited to $7,500.00 for public improvements and payment has not been received from Arlington L.C., or any other source. " I I , I ! i , I ADDITIONAL CONDITIONS: If the storm water control facilities described herein are not completed on or before September 30, 1995, this Letter of Credit may be renewed upon application to and at the discretion of Iowa ,State Bank & Trust Company. , , , I ~': I : I" I l i J ~ .1 ill~ ~irm L; P,O. Dox 1700, lown Clly.IA 52244,1700 . Toll,free 1,000,247,4410 · fAX 319-350,5049 Moln Donk Clinton 51. Office 1025, Clinton 51. 3255. Cllnlon 51, 350,5000 350,5900 Kcokuk St. Office Rochester Ave. Office Coralville Office Kcokuk 5t, & Hwy. 0 DypASS 2233 Rochesler Ave, 110 First Ave.lCorolvlllo 350,5970 350,5900 350,5990 ,~~ ".._ ' .- - 0,. ), - - 9 I , , , (5~f 1,1 ~ 0', ,..t.., ,r. .". . ,...~~'.,.. . ,., " ',:...i, :.~t \ . 'I f >",'h . ~.: " ~1'~' .:' , ,,' , ,'\ " "'",' \.:, . ',," .,'. '., ,.,.:..",.. 'u;; . ~~',~'.., .',~." ,~.:.c'."~~.'" ..._.,...~ :;.,~~~.,"':. ,', ~,_,~d__...;... ...'~ ....._,_._.._.~,.....', '.' . ...:.' .,,,'.-_,,,.....,'~"...~."...~.~~.~.'~_.....~,...~.~_.."~r.. A-:... '.'. ' ,_....__.....,_..'.w,c,_...'. " . , . IOWA STATE BANK & TRUST COMPANY Standby Letter of Credit No. 293 Page 2 November 4, 1994 If this Letter of Credit is not renewed and Arlington L.C. does not place $7,500.00 in escrow with the City to secure the completion of the storm water control facilities, there shall be an automatic draw on this Letter of Credit prior to its expiration payable to the City of Iowa City, Iowa, to complete. the improvement. This payment shall be drawn off the Arlington L.C. line of credit maintained with Iowa State Bank & Trust Company. All drafts must be marked "Drawn under Standby Letter of Credit No. 293 of Iowa State Bank & Trust Company, Iowa City, Iowa dated November 4, 1994. " We hereby engage with you that drafts drawn hereunder in compliance with the tenms and conditions of this credit will be duly honored if presented to Iowa State Bank & Trust Company, Main Office-Banking Division, 102 S. Clinton Street, Iowa City, Iowa 52240 between the hours of 9:00 a.m. and 4:30 p.m. Central Standard Time, on or before the expiration date. Partial drawings are permitted. Drawings under this credit must be accompanied by the original of this credit and amendments thereto. All banking fees other than those due Iowa State Bank & Trust Company, Iowa City, Iowa are for the account of the Beneficiary. Unless otherwise expressly stated, this credit is subject to Uniform Customs and Practices for Documentary Credits (1993 Revision) International Chamber of Commerce publication No. 500, as from time to time amended, and is governed by the Uniform Commercial Code of Iowa, as from time to time amended. IOWA STATE BANK & TRUST COMPANY ll~~~ Executive Vice-President 2.53f c~.~~.:-~"- -., '~~ ..-'--~~ , ,'" ,,'i '" 0",],',.> :/.,; .-'.'...-..."".,.-, ','- ',~:' ,- ",........... f" .. l @ '. -." I , '~ " Iol. ,~, .10, I",. ....-..,. ,'" ,.!. J.r~.!.1(' . ",",J ": -,.'" " :'.~t\ '\'1" ~ '." '~ , . " ,~. \ .' ','_iI ~ '~,"i. f" ;". . . . .'.--- .',:..~.. .', '....' ... '.'. ~" "~'"., '-.....,,..--'-... ", ' . ,,' ..' , '.., _ ..' ":.~~.;~~,,,..,.._,~..,~...._"':;,;....,,,....; _CU,'.,..,~:_::...;~__.,~,,,:,;...~-:;.!,..:,-i.;,;\ ."', c ...'.... ,- -.., ::"--,,, ",".,:,;" ~-",", "; ,~,' ","'-"'....--.'~ .._....~..-- '{ ; 'tl .,. I , . .' LIMITED RELEASE AGREEMENT This Limited Release Agreement is made between the city of Iowa city, Iowa, a municipal corporation (hereinafter lithe city"), and Arlington, L.C., an Iowa Limited Liability Company (hereinafter "Subdivider"), who hereby agree as follows: 1. The parties acknowledge that by reason of the following described city-Subdivider Agreements recorded in the Johnson county Recorder's Office: / A. Windsor Ridge-Parts One & Two dated December 16, 1993 and recorded March 9, 1994 in Book 1715, Page 150; and '-". B. Windsor Ridge-Part Four dated December 16, 1993 and recorded March 9, 1994 in Book 1715, Page 206, Subdivider is obligated to construct and install walkways on Outlot "B" (hereinafter "improvement") as required by the City and as a benefit to said subdivisions. The parties further acknowledge that this obligation is deemed a covenant running with the land. 2. An irrevocable Letter of Credit regarding the !l construction of the improvement and the funds needed to complete w~, said construction has been executed by Iowa State Bank & Trust Company, Iowa city, Iowa, and is attached as Exhibit "A" and by this reference incorporated as a part herein. The parties ~ acknowledge that this Letter of Credit has been executed for the ~ city's behalf pending completion of the improvement, as certified " by the city Engineer. 3. The city acknowledges that the improvement has not been constructed or installed and a final release of the improvement by the city is not yet appropriate. For this reason, the obligation of Subdivider to construct and install the improvement constitutes a lien and cloud on the above-referenced subdivisions. f, C~~\ \ ., , ~ ! I, , ! I .. i I : i i ~:' II" i[ J \~''','J \.,.....,' " -' ~i' i' " .'i " f'r~" , I, -'" 4. In consideration of the city's release of its lien on the above-referenced 'subdivisions, Subdivider agrees that the lien on the lots in said subdivisions shall be transferred to and shall immediately attach to the funds referenced in Exhibit "A" and that this lien shall remain attached to said funds until such time as the improvement has been completed. At such time, the city will issue a final release to the Subdivider for recordation. 5. Pursuant to its terms, Exhibit "A" expires September 3D, 1995. If the improvement described herein is not completed on or before September 3D, 1995: ',. 2.53f ; ii'" " I' ~ I:,~ ~"'I ~, , _, 0/ -_u "T:- o ) : ,,,,' , lC-o _ .." ._ ;'2:1'- ~' I:'" i . ", . ',' .. '"~r\"I' , '-','-"1 '.... -' , , \ "'1' . .'....._---~.~:.. , , , ' , , ' ' '..; ,,'. - - -;..,j,~..,._..,,-,'.~.....~._., ,,"",.~.... ''--''~-'' "-'--' ~,-~._,-~ ,~-,+-,".-...~~,.--. A. Exhibit "A" may be renewed upon application to and at the discretion of Iowa state Bank & Trust Company, in which case all terms and provisions herein shall also be extended for a like period; or B. If Exhibit "A" is not renewed by Iowa state Bank & Trust Company, Subdivider may place $17,100.00 in escrow with the city to' secure the completion of the improvement, in which case the lien of the City for said improvement shall automatically transfer to the escrowed proceeds; or , C. If neither subparagraph A nor subparagraph B occur, there shall be an automatic draw on the funds payable to the city, as described in Exhibit "A, II to complete the improvement. 6. In consi.deration thereof, the City does hereby release Windsor Ridge-Parts One & Two and Windsor Ridge-Part Four from any lien or cloud nOvl placed on the title to said property for the purposes stated in paragraphs 1 through 4 above. ,7. This Limited Release Agreement shall not be construed as a release of Subdivider's obligations to complete the improvement, which obligation shall remain the responsibility of Subdivider until the improvement has been completed and finally released by the city. Nor shall this Limited Release Agreement in any way alter, amend or modify the city-Subdivider Agreements described herein, except as provided in this Agreement. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /:.9h day of November, 1994, before me, a Notary Public, personally appeared Gary D. Watts and John Moreland, Jr., to me personally known as members of Arlington, L,C" and do acknowledge that they signed the foregoing instrument as their own r~ r- \ \ r.Zl T I " , I I , i , I , I I 1.' II,;, , 1 \.., ~ t"~' , ()' ''!" , -.--- -~~---- Dated this is day of November I 1994. L.C. Member 2 ., . ,f ......' ,0".')"',:. ' , ., i'-,' ,",',.,, 'lPf -~ ,'... f" " I r ~ , " ,!' '. 2'\3'(- i . ~~, ';"5'. lOr - "',~-" ., ~~> ,.,. ,;"...,..., , .u;"l" 'J, ': ,.', ", . ';'" ~ J ,I ',: '~.., . '. , .' " . f"'-: , " ", '!, ' '.,:" ",_.,'~":"":""""'''M_~''''~' . " ' ,., ,"",' '. -~~,~. ,'_.,,--~.... ------....."'.. ...,'-'-',~'-,....,.'"-." ","'~~ ',,",-,,-'-..' '-~'~.'''''.''''--'"''--- --, ,.. ,- ,- .-,-.., " voluntary act and deed and als Arlington, L.C. of the state CITY OF IOWA CITY, IOWA tLMJJif. ~6 Susan M. owi'tz, Mayo ~~ J/ .;j,~1) Marlan K. Karr, City Clerk ~ \ , STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this r;t" day of [)u1lfftiJe/J , 1994, before me, the undersigned, a Notary Public in and for said County, in said state, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being by me duly sworn, did s~y that they are the Mayor and city clerk, respectively, of said municipal corporation executing the within and foregoing instrumenti that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of city Council of said municipal corporation; and that the said Susan M. Horowitz and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. N~'!;n ~daflihe State o~ Iowa Ie r,j I I I " I I \ "'l 3 ~,1 ~,,! til c_~ ~v".""-- .. -- ~'. _-. v- ,.'.2 '.', ,0. ) ;.:' '::>,:' ':", :;(",:., ':-'<' Z53+- -'-'" "I' . j.r 11;1" :) ,10, ., .&-:;;~;.JI: ,"j' " .'A\~l . "'."t ".. '" . " ,,',' , '.. EXHIBIT "A" I IOWA STATE BANK & TRUST COMPANY ISUING BANK: STANDBY LETTER OF CREDIT NO. 294 Iowa State Bank & Trust Company Banking Division 102 S. Clinton Street Iowa City, Iowa 52240 U.S.A. DATE AND PLACE OF ISSUE: DATE AND PLACE OF EXPIRY: 11/04/94 Iowa City, Iowa, U.S.A. 09/30/95 APPLICANT: BENEFICIARY: ARLINGTON L.C. 1700 S. 1st Avenue Eastdale Plaza Iowa City, Iowa 52240 CITY OF IOWA CITY 410 E. Washington~Street Iowa City, Iowa 52240 AMOUNT: USD17,100.00{SEVENTEEN THOUSAND ONE ,HUNDRED AND NO/lOa ONLY U.S. DOLLARS) r C- \, We hereby issue our Standby Letter of Credit No. 294 in favor of City of Iowa City (">Beneficiary") for the account of Arlington L. C. for a sum not to exceed USD17, 100.00 (SEVENTEEN THOUSAND ONE HUNDRED AND NO/lOa ONLY U.S. DOLLARS) available by your draft(s) at SIGHT drawn on Iowa State Bank & Trust Company, Iowa City, Iowa accompanied by the following document: A Beneficiary's signed statement, signed by an authorized representative of City of Iowa City, stating: "We certify that Arlington L.C. has not completed walkways for Outlot B of Windsor Ridge-Parts One & Two and Windsor Ridge-Part Four, in a satisfactory . manner. This includes, but is not limited to $17,100.00 for public improvements and payment has not been received from Arlington L.C., or any other source." d f ! ADDITIONAL CONDITIONS: I I I , l ~J " j If the walkways described herein are not completed. on or before September 30, 1995, this Letter of Credit may be renewed upon application to and at the discretion of Iowa State Bank & Trust Company. "." 1, ~ ;f ~i r:' t' ," P.O, Box 1700, Iowa Clly, '^ 52244.1700 . Toll'Froo 1.000,247.4410 · Fi\X 319.350.5049 Moln Dank Clinton 51, Omea Kaokuk 51, Omea Roel1cslor Avo. Offico Caralvllla omen 1025, Clinton 51. 325 S. Cllnlon 51, Kookuk St, 8< Hwy. 0 Dypnss 2233 Rochoslor Avo. 110 First Avo'/Cornlvlllo 350.5000 350,5000 350.5970 350,5000 350.5000 c- '" ",.., 0" - --~ -'L '__, -~--, , 0,",'),;: ---Lb. ,;..", f" '. IA ~ Z53+:i I }t;. .;,.,) 10, .'....-,. " .iI'.\&~~' . !' i'\' ' ',." . " ~,' '>:~\~'l.'~ ..:: ~ " .. , . ,,' ,~' ;;',,',l , . '~.. f" . '. ,.,.'.'-... ':: . ;..".- ':," ",.:,':~' '_.:; '.~',.l""::V.,,,,:,'.t',,.,-,-,__~,,_ ,.." ~".' " , ., . . IOWA STATE BANK & TRUST COMPANY Standby Letter of Credit No. 294 Page 2 November 4, 1994 If this Letter of Credit is not renewed and Arlington L.C. does not place $17,100.00 in escrow with the City to secure the completion of the walkways, there shall be an automatic draw on this Letter of Credit prior to its expiration payable to the City of Iowa City, Iowa, to' complete the improvement. This payment shall be drawn off the Arlington L.C. line of credit maintained with Iowa State Bank & Trust Company. . All drafts must be marked "Drawn under Standby Letter of Credit No. 294 of Iowa State Bank & Trust Company, Iowa City, Iowa dated November 4, 1994." We hereby engage with you that drafts drawn hereunder in compliance with the terms and conditions of this credit will be duly honored if presented to Iowa State Bank & Trust Company, Main Office-Banking Division, 102 S. Clinton Street, Iowa City, Iowa 52~40 between the hours of 9:00 a.m. and 4:30 p.m. Central Standard Time, on or before the expiration date. () Partial drawings are permitted. - ,'- \ " Drawings under this credit must be accompanied by the original of this credit and amendments thereto. ; All banking fees other than those due Iowa State Bank & Trust Company, Iowa City, Iowa are for the ,account of the Beneficiary. Unless otherwise expressly stated, this credit is subject to Uniform Customs and Practices for Documentary Credits (1993 Revision) International Chamber of Commerce publication No. 500, as from time to time amended, and is governed by the Uniform Commercial Code of Iowa, as from time to' time amended. ,l' f.'.1 I I I , I IOWA STATE BANK & TRUST COMPANY Ii ~~ ~l Executive ~~~ident J li,,!,' " Ii " L" , ~ , C'- 0 ,~ -JI.. " - .""',, 0.,,' , )ci' ,',', , ) ,,', :; ~: ':' , I! ',.. '(5 3f !~ , "F i 'i ' ,t.." 0 ..,4 ,) , , .,A,,"_'\"" <' .;,~i::':.""" ~,',,'.;~" :., ,.;,; . ( ' (~\ ' ~'~ j \\~ \,-, '. ~ , ' , ; , r \ ';'J I 1 I I Ii ~ ,', '.', '1 -{ ',:' ,',"...."1'. , ~. I \ I '.1) RESOLUTION NO. 94-327 RESOLUTION AUTHORIZING EXECUTION OF AMENDATORY AGREEMENT #12 AND ADDENDUM FOR LEAD BASED PAINT TO ANNUAL CONTRIBUTIONS CONTRACT BETWEEN THE CITY AND THE FEDERAL GOVERNMENT FOR PUBLIC HOUSING PROJECT GRANT NUMBER IA05P022010. I WHEREAS, the City of Iowa City, Iowa (the "Local Authority") proposes to enter into an Amendatory Agreement which revises the contract (the" Annual Contributions Contract") with the United States of America (the "Government"l with respect to 'any "Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY as follows: Section 1. The Amendatory Agreement in substantially the form hereto attached and marked "Exhibit A" and Addendum marked "Exhibit B" is hereby approved and accepted both as to ' form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said Contract in four copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or Intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the Annual Contribu- tions Contract shall have the respective meanings ascribed thereto in the Annual Contributions Contract. Section 3. All resolutions or parts of resolutions heretofore adopted by the Local Authority which authorize the issuance andlor delivery of Advance Notes (sometimes called" Advance Loan Notes'" pursuant to the Annual Contributions Contract remain in full force and effect. Section 4. This Resolution shall take effect immediately. Passed and approved this .2i!;lL- day of O~I'olll'r ,1994. .j)~ 0A_1n .q}6r>V'1:3 MAYOR A proved by ATTESTr;' '7~A~'uJ l~ !~ Cll' CLERK I.It)o;~oj?1 "I hlsnssllnmend12.res ;~~' N, ',' :7S3$ ,..,"\ /~1 t;. ~ \) ( '~...- 1 0 "',", --'-~---'---"-' - ,) ',' " \ ' " ""-:~- ..,",- '.O\Tl,","~,.,'," ,Ii,' '::-",:'/ ,:', " ,<~~:~\ 'II.. >1-"" ~~ i'" , .:~ f" , , , ! I I ! \ , ;: A I;:J ,t' .:., ; ;' 10...' .,..,';::!:'" )!j~iia\, ""::,:A':: ,',. ..~. ,', ., "'i:';/<.\::(:.-, " : ')r~,~'I~' ~',:~ ,J: _ ',~ ";,,~ .".'". '. " : i: ,'. , It,' " ". " , . ,. . . Re9olution No. 94-327 , ' Page -L It was moved by Nmd rk and seconded by Throgmorton . the Resolution be ' adopted, and upon roU call there were: I I I . AYES: NAYS: ABSENT: x Baker X Horowitz r, I ,x Kubby I x Lehman ,I 11' Novick ;! I X Pigott I " ; X Throgmorton ",," , ~ , , .,...-.:i, l' "",' , ~- ('\: \, , , ",I . ,- r i ~ ! ~, .. ~53.S" ,:r~i___~ . <~- "\,,,.., ~ A. "'..T~ ~~ " o,~1ir, rr . '. ~~"" -- ." \ , '5' , _I"' ,(\ ,',,' "1 ,"", :, -0' , '. ,. ,~ , . ;,:',:',.-,"".;,\ ~~~~,-'-_"-~~_~_~,"-c,,'''' -;"',;f:" , I,'". l:a\ . , '~' " 1" L ~~ l, ,\ \ ~ ~, i I , I I I~:~ II 1\ \'"..J \~ l_:': 1', . f" '<',', 1:', i L.~ ,~( ., "..' ';'" I" . '" \-"\:' l,,'. , I' "".')f\,~\..::, .;I~ '. \',""" " :;.' , . ,'-....<-t " " ~~\JunQt. l~". ~.: 11111II1~} ~D(~~\1 U.S. Department of Housing and Urban Development Iowa State Office Federal Building 210 Walnut Street, Room 239 Des Moines, Iowa 50309.2155 January 26, 1995 Mr. Doug Boothroy Acting Housing Administrator Iowa City Housing Authority 410 E. Washington St., Civic Center Iowa City, IA 52240-1826 Dear Mr. Boothroy: SUBJECT: Development project Grant Amendment No. 12 to Consolidated Annual Contributions Contract No. KC-9l66, Project No. IA05P022010 We are pleased to transmit herewith one fully executed Consolidated Annual Contributions Contract, Amendment No. 12, dated January 26, 1995, with an estimated total development cost of $931,750.00. If you should have any questions please feel free to call me at 515-284-4938. Sincerely, tn~bfCl~,. Y~~SQ\~/~ Barbara E. Kirschten Chief Attorney Enclosures O~i ~tctu.t. :1 ~7.q.s- ~~ ~ Cf~..3?. 7 " f" '. \-- , .!- . ~S3 S' o ,.=~--~--'- -- -) )"",""""":"'" , ;';,0", ""," " ,".i~::',/., " ' "'.j!'.', .."",'. - ~: "1'"'-" , , "!'''' /~ \ to, ,'..;~:.-\ ':' '.', 1;",., J.li:jj~, "',' "1_," . ',.."""~,; , ".' 'r"l' ., ,':.,'.-, -- . , :~:,,:":~t~,~'t~' , ".' . '." .~, " , . . ,',", :'i. "',' .'" ~ ~<t. Development Project Grant Amendment to Consolidated Annual Contributions Contracl 1. IkvelopmenlProjcel Granl NUlllber: IA05P02201O 2, Alllendlllenllo Annual Contrlbullons Conlrael Number KC-9166 ' dated October 18. 1985 (I he Conlraell, 3. The Contract Is alllended 10 provide granl asslslanee for the Development GranlProJee!. This amendmenlls a part of Ihe Conlraet. ' 4. The following provisions shall be applicable to Ihe Develop' ment Granl ProJeel: a, Date of Developmenl Granl neservallon: September 27, 1994 b, Develop men I Mcthod and lIouslng lype ACquisition-Detached e, Numb,'r of Units 10 d, Maximum 'Iblal Developmenl Cost!Developmenl Granl Authorltyl j931,750.00 5, The development of Ibis GrantproJeel sball be carried oul In aecordanee wllh allllUD regulallons and olher requirements applleable 10 Ihe public housing developmenlprogram, The pHA agrees 10 comply with Ihese regulations and requirements, 6. The devl'lopmenl work 10 be carried out Is described In a pIIA I'roposal. a stalement of Ihe Imsle elenwnls of Ihe Develop' menl Granl Project. The plIA Proposalmusl be ado pled by Ihe PlIA and approved by IIUD, and may be revised from lime to lime by agreement between IIUD and the plIA, The plIA agrees 10 carry out the developmeut aellvllles In accordance wllh the approl'edl'lIA I'roposal. 7, The Maximum 'Ibtul Developmenl Cosl of the Developmenl Grant I'roJeet Is staled In See lion 4, d, of this amendment. The plIA shall eOlllpll'le the developmenl of the Grantl'rojeel althe lowest possible developmenl cost wllhln Ihe approved Develop' menl Cosllludget and In no event In excess of the slated Max' ImulII li1lal Development Cosl for the GmnlProJeet. 8, Suhjeel to Ihe provisions of I'Jrl1l of Ihls Conlrad. and In order to asslsl Ihe development of Ihe Gmnll'roJeel. IIUD agrees 10 dlsborse to Ihe pl'IA, from lime to lime as needed. up 10 Ihe amount of the Maximum Granl Commllmenl, The , '/ ," (SEAL) Atlest: If (''- I' ,:" . ':, -:,i.,;, ,;__1., _.., . ..... "~: .,..... ,_c...,;., ~.. ,_~~;...:, ~~, .<_.:LJ~~. '~',~,.._: ...:~'_...~~_:~",~~,oI::l~Ll'~';'':';~~;~;:''''':~ ::.:,,::..:....;:.~..i.1~:.:.:L:.::;-~;:; ~'~:..;r~. ;i.:.L:IL,:,~.t~L :'~ ~~ ';j ;::,:;.-.~:, ~. '. ~':, "'~ '., --.... " I~ ~. .;,:t: (~\ ~ .~, ; ~ I, i \ ! ~I I I I "111,,.., : ' J/, ~tf~/J IT- ~/I.J :c~_ m__., , , rl, - .:~;;'.::~l..~\:.:~:' ,~~:,;.;~.':;l:.~,....~.,;~'-.:;;~',',.;fi~i'~;~.i'~~ '" . o.1u,jli'-:' -;: ~ f\ U,S. Department of Housing and Urban Development Office of Public and Indian Housing Lower Income Public Housing AfiE.lilllillITJO. 12 * ~ ,r Maximum Granl Conuullmenl shall he equal to the Maximum '!btal Development Cosl for the Grant ProJeel. as slaled In See lion 4, d, or Ihe approved Aelua' Development Cosl of the Grant ProJect. 0, Arter Ineluslon In an aodlt and HUD npproval of the Aelualllevelopmenl Cost Cerllfir.ale (In accordance with Sec. lion 405 of I~lrlll of Ihe Contracll. a copy of the Aeloal Development Cost Cerllfieate shall he allnehed 10 Ihls amend, menl and "hall be deemed 10 further amend lhe Contmet. where necessary. 10 reduce Ihe amount of granl aulhorlty for Ihe Development Grant Project to an amount equal 10 the approved Actual Developmenl Cost. In no case shall the approv. cd Actnal Development Cost Certffieale amounl exceed the Maximum '!btalllevelopmenl Cosl stated In Seelton 4,d, of this amendment 10, The I'HA shall eonllnue to operate Ihe Development Grant I'roJeel as lower Income honslng In compliance with this Con, lraet. Ihe Act nnd allHUD regulallons and requlremenis for a period of thirty years beglnnlilg on the Date of Full Avallablllly of the Development Granll'rojeel: provided. however. Ihallhe provisions of See lion 308(81 and (C) of the Contract shall remain In crfeet for so long as HUD delermlnes Ihere Is any oulslandlng Indebledness of the PHA 10 HUD which arose In eonneellon wllh any project or projects under the Conlraet and which Is nol eligible for forgiveness. and provided further that. for a period of len years following Ihe last payment of oJlerallng subsidy 10 Ihe I'HA. no dlsposlllon oflhe Grantl'roJeel shall occur unless approved by HUll, II. If Ihe I'IIA docs not comply wllh any of 115 obllgallons under this nmen~ment. HUD may dlreelthe I'HA to termlnale all further development aellvltles, In such case. the pHA shall only Incur addlllonal costs with HUD approval. 12, The PHA shall exeeule and me for record a Deelarallon of 1l'usl as provided under See lion 420(B) of Ihe Contraelto pro' leclthe rlghls and Interesls of HUD Ihroughoullhe thlrty.year period dnrlng which the I'HA Is obllgaled to operale Ihe Development Granl Projeelln accordance wllh Ihe Contrael. the Ael and IIUD regula lions nnd reqnlremenls, The parties have caused this amendmenlto be crfeellve as of the date of exeenllon on behalf 01 the Unlled Stales. as stated helow, Iowa City Housinq Authoritv Il'uhlll'III1Wi!t!1/\!II'Ill'/l1 Ill' fe/lel/mUlII' t1!tudw 251 fP SUSAN M. HOROWITZ, MAYOR UNITED STATES OF AMERICA Ilale ~m,"'y "" ,.,""" ..d ;". I, "k;'" 11arl M. Hamblin-l.Mr..illQLJ1lIiliUi.o.llsin9- (j ;,--1C!11h'llll'/'l/Id Dale _I- b{ , I HUD.53010.D l4I07l HB.7417,1 ~S3s' , '''','u", "'''l:''''''-' "'5' '" .t" ' ~ 4 h ~L )"":"", I. I~ ," III '.1/' .,1,'''' ,0 I,' ,', I " '. to; ,..,..';;';;J,\ ~," : ' ~I,'" " ,'.,.... ,'.,:':";": ." '" I' k ~, ~- \, ' \ '1 ~ I! I I i 1 I I i , I), ~ I" ~' , ;~ ~~' 1 t., , , (C'O l_ _, ' ....'.. ", .',......,.',. f" '. . " ..;' _~'_--,.'~:'~'u._......~~~..j~L'l'2!.::.J!.,;s;u;;t~,):;"~~j'':::;''d;~'~~;-h~i,.,':';;''Zi~:.iL..'.~~;t~":'!'~'.::.:~.'.,;;-.:~'~d:t~.:.;;;~~:~r,;...,~.t~~;;.'j:..;,'~.;4l:.'1:..~~,_~,...;~_~ ' . B ~ ADDENDUM TO AMENDMENT NO. 12 project No. IA05P022010 Contract No. KC-9l66 Check the appropriate paragraph and complete information requested: _ The PHA/IHA has attended the HUD sponsored training course "Lead-Based Paint in Public and Indian Housing: How Housing Authorities Can Meet the Challenge" on at _ Due to circumstances beyond the PHA/IHA'S control, we were unable to attend the required training but will do so within six (6) months of the date of this ACC amendment. _ The PHA/IHA's inventory consists solely of Section 8 Certificates/Vouchers. ____ The PHA/IHA's inventory consists solely of post-1978 developments. _ The PHA/IHA'S inventory consists solely of developments for the elderly. _ The PHA/IHA's has completed testing of its entire inventory in accordance with the regulatory requirements sent'forth in the Lead-Based Paint poisoning Prevention Act, as amended, and the test results have been negative thus negating the need for abatement. ~ The PHA/IHA has completed testing and abatement of its entire pre-1978 family development inventory. () ,I, No disbursements can be made under the ACC amendment, except for emergencies, unless one of the above certifications has been checked. In the case where the PHA/IHA will be taking the course at a future date, disbursements cannot be made until the course has been completed and the PHA/IHA so certifies. ~-~ ~ ,r _~_ ': , j'''''''' ",'"."....,," '" '.., ,,,.. ".,. ..,' '~,~<,'" "iry",:.',','" ~s.~s ",'""., .-'''' '"l''' ' 'ft', '" . "'," ':/5:8.r.1 - , ," '," .;,,;.c.;i"" ,~,,::' .:r~~~;,;:... "', .,....,;".~ .d'" ~ :', ,.: ,'i~. . . . '. f", ',M,..-,', ~,..'. ~, ' ..,~;".L:l :;:'~~,:..~~;.u_l<.;L'-~:;ii,~.: ~i,;.!tl:~;:.;j;i:.:.'i.o:~,;;,~:.:~:;~~,t:~~.~',i.Ai;~,;.O:;: ;./ ',>,; I,:,;;':,,: '",:~ ;'::;'~':L~:/, '.;' ::;~:i;;.'~:"~;.\:;:i~,,~~..,~~,.,,:.l \,~,~ ...;.~.._,~; . .' ~ , -..~ 2 The parties have caused this addendum to the amendment to be effective as of the date of execution on behalf of the United States, as stated below. ~~ " Iowa City Housinq Authority (PHA/IHAl By ..du < "., 'Lb.. t:h..u" ~ - Dale t!dN::V 25', Nt'/' . SUSAN M. HOROWITZ, MAYOR UNITED STATES OF AMERICA Secretary of Housing and Urban C~ R:t, I/ft~ M . ,",!itrector Pub ic Housing Division (SEAL)'" " It ' ! ;'/ ',') Attest: I" (', , \ -";. .r' I / I ~, " 7Jr~0)\;.\;(1 ~V , , , , Date @ ,,- ~ ( " \ .~ (,'1i;~ , f' I:' ! , : ~ I i I I I i I i ~1 I \ :\,., ~~ ~~~,': I"l~ [j , ,C-0~ -~.t"._ - ,~~,~ -- ~"---'-' ," 0, ;,;': ", ,)..", ", ~S3S- "'..",.., "''\'"'''' I \ , "?S.' i [J, ~~ '-;:;.', .: I, .~~'l.', . ..," " ~~(P\ r ).' r---<~ ~, , \ ~ {I, : I I .. i I , , ! i , , : , I! I~. " l ~~' ,1 ,""~.',': ~~ ' ~\ f1t"1 , I ; -' ,,::t 0 .' ':\-:" \ ' ~', ;, . ' "~t~~'i" ' ~ 'to'.. . ,,' 0',' " \",;' , '" ,,' ", RESOLUTION NO. 94-328 RESOLUTION AUTHORIZING THE APPOINTMENT OF MR. DOUGLAS BOOTHROY AS THE PROJECT OFFICER FOR THE ACQUISITION OF 10 UNITS OF PUBLIC HOUSING FOR THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PROJECT IA05P022010. WHEREAS,the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development has requested the appointment of a Project Officer for Project IA05P022010, the acquisition of ten units of Public Housing; and WHEREAS, Mr. Douglas Boothroy is the Director of the Housing and Inspection Services of the City of Iowa City and is the direct supervisor of the day to day operations of the Iowa City Housing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor and City Clerk are hereby authorized and directed to respectively sign and attest to the appointment of Mr. Douglas Boothroy as the Project Officer. Passed and approved this 25th day of October , 1994. x14B.- dh~' t:s MAYOR '--.: Approved by ATTEST: ?J?~~ I!. ~ CI CLERK It was moved by Novick and seconded by adopted, and upon roll call there were: Throgmorton the Resolution be AYES: NAYS: ABSENT: x x Baker Horowitz x Kubby Lehman Novick Pigott Throgmorton x x x x hlsass!'4>rojl0,lBs _ r I :: - ',),"',',',: o..',_,\'\ \ f" .. ", " m+'J ~"IOIi.i' ,':~[l\: t,~t\i( ~g.., I' ~, ~; ~" '0/411 ,I' .-, ' , " ~~,~~, :""'$m " ':""'F': 5 ,-' .0, .. -'I . ,"':'J ~~" , . " :':~~\I,: , .~~. :',' ... '. , ,"~;.., " f" t\~~\ ,Ii ~ : '...., ......~:'t. l' " " ~ P;'" ::" \-\:' \: ,,~N. I , ~,I ' I' 1 I I ill I I i! I I '{', I I' I.';' , ~l) .A, ',:(,,( .. _ ,_ ~'--T- , ''', " - :' "., m+~ ~, . , " RESOLUTION NO. q4-~?q RESOLUTION AUTHORIZING THE ADOPTION OF THE FAMILY SELF SUFFICIENCY ACTION PLAN OF THE IOWA CITY HOUSING AUTHORITY. WHEREAS,the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires a self sufficiency program for families assisted under the Certificate, Voucher, and Public Housing Programs; and WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the Department of Housing and Urban Development to administer Certificate, Voucher and Public Housing Programs and wishes to assist the participants to become economically independent; and WHEREAS, the participants of the housing assistance programs and the Citizens of Iowa City would benefit from the Family Self Sufficiency program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Action Plan for Family Self Sufficiency is adopted as the policy of the Iowa City Housing Authority. 2. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 25th day of October ,1994. iJwJ~>n.~; MAYOR Approved by ,I' ATTEST: ~A')~' ~,) CI LERK I~f It was moved by Nevi ek and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: J( J( Baker Horowitz Kubby Lehman Novick Pigott Throgmort,1n " x x x x 'x 1 .-, e ......." ~f~, ~~, '~, "'~"l'~' , )",',...,_..,""",........,-,.,....,' .._,- ,- --..- , , ' ',' , :..J':).-,..,~'~'::,">,~:.\:>:, '"'' ,:',',: I' _ ,--";0 ",,~,',", .;t:'. ,', ' ' , -\ t. 0 " "'" ,'",' ,;" " .:':.~\':' ;-"<'\'.. . i ~J I!' ~ .' ,. , ' hlsnss1\sellsull,r6S - - : Ll JJ:B7mt ~~'t\ .' ;" ".'," , .h" , '. .' ,. '.> . '.'.' i '-. .!: IOWA CITY HOUSING AUTHORITY MEMORANDUM , " \ v: ::" 'I :,'!" "l ~- , ~, DATE: October 19, 1994 TO: City Council Ron Henderson ~ FROM: RE: Family Self Sufficiency Action Plan. The Department of Housing and Urban Development requires local housing authorities to provide services to strengthen the economic capabilities of recipients. One method is to provide coordination of job training, education and support services to assist families in becoming free of the welfare system. In the Department of Human Services, this was known as Promised Jobs. HUD's effort is to provide the Family Self Sufficiency Program (FSS). Although requiring a housing authority to provide such programming, HUD does not provide added funding to support these efforts. The plan to implement this is attached as the ACTION PLAN, FAMILY SELF SUFFICIENCY, IOWA CITY HOUSING AUTHORITY. PROGRAM To simplify the program, a family agrees to make a goal of freeing themselves from welfare in a five year period. HUD agrees to place 30% of any increase in income during that time in an escrow account for the family to use later. After five years, there are no further credits to the escrow account but the family may wait another five years to quit receiving welfare. It is assumed that the last five year period would put the family in a more financially stable position. EXAMPLE A family agrees to receive job training and to gain and maintain employment within the next five years. If the earned income increases by $100 a month then $30 a month would be credited to the family's Escrow Account. This would build at $360 a year until the five years are up or there is another increase or decrease in income. Increases would increase the Escrow credit and decreases would also decrease the credit. Were the family to lose a job, the credit would drop to $0 until the family regained the starting level. After ten years, the family must declare themselves free of welfare or they lose their Escrow Account. At such time they would not lose their housing assistance if they are still eligible to receive it. Housing assistance is designed to assist not only the unemployed but also the underemployed. ATTACHED PLAN The Plan implements this required program. HUD requires Housing Authorities to provide service to a number of families equal to the number of new units awarded since Fiscal Year 1992. In Iowa City that is equal to 83 families. We are required to have 83 families enrolled by November of 1995. The plan will be amended as we receive additional units. This plan was approved and recommended by the Housing Con~ission at their October 11 meeting. HUD had previously approved the elements of the plan as containing the required language. ~n, ,(~--- ~~~ ~:. ~ :_-~- o ), ,:"., , :,,:-,.' f" , ,. A \:.:I ,!' 1& ','~, ',~; , .<i', , I~' ;'1 .;,~.,' '"ii!' il~,~,:a' '::,M~j," ""IV~' .!ic:hli, il~$.cf':~' ,Y",:;!&~~,' , I "I ',I c.." .:",) 0.. -.,,-.,'.. '!\ ~ "-~",. " ,..,-'.J,":" .' '.", .>' . "':;':," .. -~, " . - . .~" . , . ,~ " :.. '-. .- ','. ..,' . , ~ IOWA CITY HOUSING AUTHORITY 410 E. Washington St. Iowa City, IA 52240.1826 Phone: (319)356-5400 · FAX: (319)35605009 · 'lDD: (319) 35605404 , i , / -, ,....~....- J ' ,.--~\, ,\~ ( ...,i rr ~\ ,i " ~, I' " :/ II I: i [ : i i: 'I ir, I I' 1 1<':' I:, I,ll I,: ~,,,7. ~ ,r Co ._~~ ~ - ,- -'" ACTION PLAN FAMILY SELF SUFFICIENCY Iowa City Housing Authority Approved by the Housing Commission october 11, 1994 - - ~-' 0".,' )',,',',.,',', "," " ':":- ".1.,-...'" .ti":.,'".", ,\,' , '. "';"':":':':';",:i:.',,;:,',:'. ~ ,....., IOUAINOUSlI; ~ .." OrPORlUIITY ,. . -.-,--- . ~""--'I" ., I ,.' .'. " 1 .!' . .;; 1'1,.., " '.t;, .:' ,.1 /<. ",. 0, .,,_.,,"" , , " I ~_\:- ,.;.;.,...', ',~i , ' " ,I ..," ..~ ' ',-' .,,'"~>,~"': , I I , i ~ TABLE OF CONTENTS PROGRAM . . . . . . . . . 1 I HUD REGULATIONS AND RULES 1 I' PARTICIPATION . . . . . . 1 ELIGIBILITY . . . . . 1 NUMBER OF FAMILIES ASSISTED 1 ACTIVITIES AND SUPPORTIVE SERVICES 2 IDENTIFICATION OF NEEDS . . . . 3 PUBLIC AND PRIVATE RESOURCES . 3 TIME TABLE TO IMPLEMENT PROGRAM 4 CERTIFICATION . . . . . . 4 NUMBER OF UNITS . . . . 4 NOTIFICATION AND OUTREACH 4 ! SELECTION OF FAMILIES . . 5 ~ TERMINATION OF FSS PROGRAM 5 ESCROW ACCOUNT . . . . . . . . . 10 "- ESTABLISHMENT OF ESCROW ACCOUNTS 10 AMOUNT TO BE ACCRUED 10 INVESTMENT OF FUNDS 11 WITHDRAWALS . 11 SUCCESSION 11 (l) FORFEITURE 11 ( r ?\ \ ~ : ~ \ ~ I ' I I ; 1\ I ,I I I i I , I ! I I,~I it,"" I . I' \' I '1 . ", i as-S1 , i f I;, : .j: "'.,-~- "...' . ~~:- o " ,'J.; ,'"'''''''' . ,\", ','..'1'; ,\ ~ I ,~.", ':' ;' ; , Ilc::r,i".""T;L , ',/:....J " I :"i'c '~","'I"[J.",'" '." , , , '. " (- "'_~_- ,..,...,." " -1l'~: .C'.<";'j...,c';- , .J (.. (, :-;,~\ C,\ \J ~ IT' " , ~ I I i; i I , I , I , I ,~> II' II , ~ '~~;f . ') :i~'.' ,~; I I', ,~' ",I' ~~: I" "\ -_...t ,([ 0 ~'~' ., " /:"1 .. , "r' ,:>,i,\ti '. ~"" .. '..: "-..' ~ .. . ,. ...,..'; '..-',:',i:,'j',:,. ACTION PLAN FAMILY SELF SUFFICIENCY Iowa City Housing Authority PROGRAM. The Family Self Sufficiency Program (FSS) is a voluntary program for participants in the Certificate, Voucher and Public Housing programs of the Iowa City Housing Authority (ICHA). The program is designed to reward those families that are able to remove themselves from public welfare assistance within a ten year period. The program consists of two parts, the Contract of Participation and the Escrow Account. The Contract of Participation outlines the goals of the family and the resources required to meet these goals within five years. The Escrow Account, which is a monetary incentive for the family, accrues over a five year period equal to an amount by which the rent of the family increases due to improved income levels. HUD REGULATIONS AND RULES. The United States Housing Act of 1937, as amended, sets minimum statutory standards for program operations. Section 8 of the Act contains these statutory standards. Regulatory standards, written by HUD, are contained in 24 CFR, which is Title 24 of the Code of Federal Regulations. In the certificate and Voucher programs, Part 984 contains this information. In Public Housing, Part 962 is referenced. Changes in the Act and the Federal Regulations occur frequently. Any errors, omissions and conflicts with the most current rules will be corrected as identified. A. PARTICIPATION. 1. ELIGIBILITY. All participants and tenants in the assistance programs of the ICHA are eligible for participation in the FSS Program. Individuals and families on the waiting list for assistance or who have expressed interest in the assistance programs of the ICHA are not eligible for selection in this FSS program. Selection to the program is limited and will occur as a random drawing of all participants in each Certificate, Voucher or Public Housing Project. 2. NUMBER OF FAMILIES ASSISTED. The FSS program is required to have a minimum program size equal to the number of new certificates, Vouchers or Public Housing units received after October of 1992. For the ICHA, this program must have 25 certificate, 25 Voucher and 33 Public Housing families enrolled by November of 1995. FSS families from the other programs, certificate, Voucher or Public Housing, may not be used to satisfy the numbers required of the other specific FSS programs. 1 -' "" 0);;'" ".. - ,~ --- ~, -. '. ~, ~' 1It;l- .:f.l,' " l /1.) ," " 'I ~Id "'"...,', ., ',~ ,I:' "i r., lei,: j', .' "....-' ;':~t.\: 'j'i '.'1. .. .'~' " c. ". . \ '-'v>t '.'\ . ~ ,C,1' ":: '~<. ~':'~,::~',<<:_;'-" '::;;;:-Si;-::: :;;~.: .."::::." ~~ t. " , ' '. '.' ',::. ." .:'~" " '___: ;.:~.-, ~'~~'J,:..;:;~::,:4'. ::~".. :~'" ,,,., ._:..~-:,~.:...~.....,:",~"".,;.,,...:..: :.i'~.;;.;,-:.:,:,,::~:,:;[,=~':.; !.~:;.; 'L';,<:.; .~,~'; !:~.:~, ;::.L~.::;~ ::;':',;:',' :'- :;1'7 ':\;;';'/1-' , "/" :,:,:::. ~,:'.: ~'.: The following table shows the distribution of assisted families by race and ethnicity. The random drawing method would give the same essential distribution for the FSS program. Native Am.1 White Black Indian Asian Hispanic Public Housing 75.0 22.2 2.8 0 8.3 I Certificates 86.5 10.0 0.6 2.0 2.6 Vouchers " 86.5 12.0 0.4 1.1 2.5 " All 85.7 12.0 0.7 1.6 3.1 The following table shows the distribution of assisted households by type families. The random drawing method would give the same essential distribution for the FSS program. The different categories may duplicate the number of families in that a disabled, female head of household would be counted twice. The actual distribution may be affected by the self selection of tenants out of the FSS program. This program may not be applicable to the elderly or the permanently disabled. Number Members Household Male Head of Household 584 2.29 254 Female Head HIH 2.34 551 1287 r.-"'- kl' " , ~' -~'.- \\ ,~ Disabled 318 1.29 246 10 11 1.10 Handicapped Elderly 72 97 1.3 3. ACTIVITIES AND SUPPORTIVE SERVICES. The ICHA will maintain a standing Program Coordinating Committee (PCC) for the FSS Program that will be comprised of tenant and participant representatives and the providers, who would be necessary to the continued effectiveness of the FSS program. The following list of providers have expressed interest in this participation. ,,'i I'i ~) I : I' Iii i !, i' I , I I I, I, 'I I' i r:, J l,': I( , ~~J' "i JTPA - promise Jobs Job service - Promise Jobs Department of Human Services 2 _,;,," ~,',',',:' :i',':', , H- (Ii) 'l'" " ...'\.-J 'lC__? -__,- r. ., 1>"'" " , , " " """",,0"" .,;,:,'" :., .:' ':: :",,- ~' '- <,~,>!-': . 1", i -_..,~,.= o' ! ,',',,' ",.."'...,,,', ,',', ,.. " ,';',-, . ,I' ~S~1 "',.,"]:';:-5": '... 1 "/ .,~' i' :l ~" I OJ "-", .' 1m"twtl', ,':,,' .'-'; , I '. "f " ,.,"_',\1 ~ . ...~ ,.. . ",f :....,. ~( (' , \ ~ ~ : I I I , 1 , I ! : , '~' W ..I ~ )~,'I{","," ,~I ~~) L.~~ ,~' ,'.1. 1 . '1,' Kirkwood Learning Center Head start Hawkeye Area Community Action Program (HACAP) Vocational Rehabilitation Pre-Vocational Training Program, University of Iowa (UofI) Youth Homes, Inc. united Action For Youth Domestic Violence Program Emergency Housing Project community Coordinated Childcare Hera Counseling Services Lutheran Social Services Community Mental Health Center Mid Eastern Council on Chemical Abuse Life Skills, Inc. GIC Housing Fellowship, HACAP Salvation Army Human Services Planning, City of Iowa City school of Social Work, U of I Center for Career Development and cooperative Education, U of I Local Homeless Coordinating Board, Crisis Center 4. IDENTIFICATION OF NEEDS. All participant and tenant families will meet with their respective Housing Specialist to identify future goals for all family members. Clarification of these goals will identify the services needed by the families. Where specific services are not available, the Housing Specialist and the FSS Program Coordinator will assist the family in seeking alternate services to satisfy the needs. Consultation with the PCC will be used to identify gaps in community services. All participants will be scheduled with the servics of their choice for information and enrollment in the specific program. Public ana Private services will evaluate those participants and the appropriateness for the services offered. Goals clarification and case plans will be reviewed by the ICHA and responsible service provider. Some of the selected FSS families will be in other training programs prior to enrollment in the program. Case plans for these other ssrvices will make the basis for the required plans in ths FSS program. Minimal counseling may be the only service rsquired by the families. 5. PUBLIC AND PRIVATE RESOURCES. Public resources will be ussd to mset the requirements of ths families in the FSS 3 C "'.- " () , ---~---- - - 1~': ,','-' " , \ o. ; , - - ... . _... ~~ <~,: ~:i ' r '. ~~7 ~ 1,-' " " t ,- .' .... l~' .,"~ 1[1 , " .:~~~;::,. ' ...,.,.-.'; " ,/ J \ ~ If. i ; ~ I I , I II I I i , r, I ~'I "'J , ;~0 ..-. '" ------.-.-, ~ -- ~' i': ' ., .. , ., .' ',." "t" '. .",\\1,',: '. -1,'-" ';... \ f" . '. . ' ~~t', , , , ~V programs. The utilization of JTPA, Job Services and the University of Iowa are examples of programs that are available for FSS participants. Private resources will be utilized by the FSS program as identified by gaps in service and the specific requirements of the participant family. Examples such as grants, loans and program development monies are private resources that would be sought. Where there are no resources available, the ICHA and the Program Coordinating Committee will formulate plans of action to obtain necessary resources. 6. TIME TABLE TO IMPLEMENT PROGRAM. The FSS Program shall be implemented as follows: Activity Begins Selection of participants September, 1994 Enrollment of Participants with completed Contracts December, 1994 (5 families) 2nd Enrollment (10) February, 1995 3rd Enrollment (15) April, 1995 4th Enrollment (25) June, 1995 5th Enrollment (28) August, 1995 0 7. CERTIFICATION. The ICHA certifies that coordination and implementation of the FSS program has been reviewed to avoid duplication of services and to maximize impact of services. This certification will be made annually by the ICHA and the FSS PPC after the start up of the program. 8. NUMBER OF UNITS. The ICHA will identify twenty-five Certificate participants, twenty-five Voucher participants and thirty-three Public Housing tenant families, who have been selected randomly from these specific programs under the Annual Contrlbution contracts, as eligible for the FSS program. All selected participants will be notified of the program and they will be enrolled should they opt to participate. Selection will continue until the targeted number has been reached. There will be no incentives offered to enroll in the FSS program. The escrow account will be the primary economic benefit of the program. I ~ I I , 9. NOTIFICATION AND OUTREACH. outreach outlined in the application, participation The notifications and Equal Housing Plan for and tenancy satisfies the 4 *;lS~ 1 :I,~'" "," !, ,1 '., t[l _"~~- --~~- ~- "'I j".,'" " ," ..", , .,' J:,' .' 11'\ T ,:-,'" ';!. ,0" ,..,'.',,',..,..,.,\_.. '~ ,./ .,.' ,1 ,',; I;,.,.' ,~, .,... ' " " " ! ,~ ( .1 '\ ~ I" II : I ! I : F!' ,1 " I l ; ~ , I " 'I'; 'j,:" ~; i; 1~'" L; fC ,f"', .' ~ , . .~...,.., ., :,' '....~t~ ~t; j , ",;' .0.. ,~. ~ .' ',.', ':' ,', ::,,~,_.;,';,;,\,"';.:/ requirements for the FSS program. 10. SELECTION OF FAMILIES. A listing of Certificate, Voucher and Public Housing families will be randomly created prior to each enrollment period as listed in part 6 above. From these lists, the number of required families will be enrolled in the each FSS program. Selected families will be allowed to opt in or out of the program and a record of their choice will be maintained in their file. The refusal of the family to enter into the FSS program shall have no effect upon their participation in any program of the ICHA. Assistance under program rules will not be denied or withheld based upon the decision of the family to participate in the FSS program. 11. TERMINATION OF FSS PROGRAM. Failure of the FSS family to comply with the Contract of Participation shall be the basis of termination of the participation of the family in the FSS program. Grievances arising out of the FSS program will be heard under the following: The intent and purpose of this Grievance Procedure is to establish and set forth the requirements, standards, and criteria used by the Iowa City Public Housing Authority (ICHA) to assure participants are afforded an opportunity for a hearing if the participant disputes within ten (10) days any ICHA action or failure to act involving the FSS Program of the participant. The ICHA Grievance Procedure shall not be applicable to disputes between participants not involving the ICHA or to class grievances. This Grievance Procedure is not intended nor shall be used for initiating or negotiating policy changes between a group or groups of participants and the ICHA, 1. Informal Hearing A. The grievance shall be in writing, and shall be personally presented to the ICHA administrative office within ten (10) calendar days of the ICHA action or failure to act, so that the grievance may be discussed informally and settled without a hearing. B. After receipt of the complaint, the ICHA shall make reasonable efforts to hold an informal administrative hearing with the participant and his or her designated representative. 5 -~ w- 8""')":'; ":' ;"."" ".,): ' ',".j ',, o ~_ntl""""" . ......L '\ ,".'j .,,,-,".'" f" '. I i' b I .!, :?S31 "I',',,'" ':',,", ""I " ....,' '." ~I 0'/ . ':':~';'~\:::',: -,.:1,;,.', ~.'" ,! ..' , ~,;;,~ . ""/r .' . ..' , .~':~{\.~:'t:-<_ /~. ' ". \" ,', . :," '~. '.1 " .' ' .. ..',...'. , , ,\ C. The ICRA shall provide an interpreter if the participant is not fluent in English, unless after diligent efforts, it is impossible to secure an interpreter. If it is impossible for the ICRA to provide an interpreter, then the participant shall be notified that he or she may bring an interpreter. ,i D. A summary of the discussion shall be prepared by the ICRA within twenty (20) calendar days of the informal hearing with one copy being given to the participant and one copy retained in the participant's file. The summary shall specify the names of participants, dates of meeting, the complaint, the nature of the proposed disposition of the complaint, and the specific reasons therefor, and shall further specify the procedures by which a formal hearing may be obtained if the participant is not satisfied. ;, '-.~. E. This informal hearing is required as a prerequisite to a formal hearing under Section 2 unless the participant can show good cause why he or she failed to proceed under this section. If the hearing officer finds good cause, the informal hearing requirement shall be waived. .-, \ !' 2. Procedure to Obtain Formal Hearing , J'--'-"~ (~\ ,\.". (I "~,I .. ,\I, A. The participant shall submit a written request for a formal hearing to the ICHA administrative office within fifteen (15) calendar days after the summary of the discussion is mailed to the participant. The participant's written request shall specify: (1) The reasons for the grievance, and (2) The action or relief sought. B. A hearing shall be scheduled promptly by the hearing officer or hearing panel for a time and place reasonably convenient to both the participant and the ICHA. A written notice specifying the time, place, and the procedures governing the hearing shall be delivered to the participant and the appropriate ICHA official, such service being in compliance with Rule 56.1, Iowa Rules of civil Procedure. '/ 1'/ I I r I . ~:, I; . 'I. ~\ .! 1,' "~ ~"...~:r.; I . ;,l 6 C' .'0 ' ,'" ",.. ~". , . " ' " ,.:. '. ' " : " , .,-:----- '~"'._j .~ , ~,"'.,';',',:,.."""O:., ,:,",',":",_',>:. '<","r> ',.',;;'1 .a:......d:::... )"...'" "..:{';".. ',"'1 '~~.~, '\, '-~ '"I '-: '... ,. 'I , ~S3 ~~i """';""""'-''''1.1 l.." """'}g ': 10, ','-.'-, ..'.,-,."" .JI"1!"", ',','; ..___1',',... ,"...';.., , ,I i r ~\ .......~ \ '\ " f(,il! " i I I I i ~ I I ' I [, I ;~), ,I '\ ' i ' \' , ') ( ',J, ~" .~\ ':1 ~ if :( I:,: I "1Ifd - o , , , .~. " C. Before a formal hearing is scheduled for any grievance involving rent as specified in the lease which the ICHA claims is due and owing, the participant shall pay to the ICHA an amount equal to the amount of the rent due and owing as of the first of the month preceding the month in which the act or failure to act took place. The deposits of the monthly rent shall be made by the participant until the grievance is resolved. Failure to make such deposits shall not constitute a waiver of any right the participant may have to contest the ICHA's disposition of his or her grievances in an appropriate judicial proceeding. " ,', D. Grievances shall be presented before a hearing officer. The hearing officer shall be an impartial, disinterested person selected jointly by the ICHA and the participant. If the ICHA and the participant cannot agree on a hearing officer, they shall each appoint a member of a hearing panel and the members so appointed shall select a third member. Persons so selected shall be ones without prior knowledge of the substance of the grievance and ones who are not partial to either party. 1"\ \11 E. If the participant does not request a formal hearing in accordance with this procedure, the ICHA's disposition of the grievance under the informal hearing procedure shall become final, provided that failure to request a formal hearing shall not constitute a waiver by the participant of his or her right thereafter to contest the ICHA's action in disposing of the complaint in an appropriate judicial proceeding. .1 ' 3. Procedures Governing the Formal Hearing A. The formal hearing shall be held before the hearing officer or hearing panel. B. The participant shall be afforded the opportunity: (1) Before the hearing takes place, to examine all documents, records, and regulations of the ICHA that are relevant to the hearing and to obtain copies at I I i I 7 ~! -, ' w-' ],':""',"."d.. " '."',' ::,>,' .,(i~~'\;, ' f,:"," ~1 ~ \' --., .-.",','-,,""'..,., .i~:,,'; ':",,-~."":'.lT~'._:, . ...,. ,,1:. r, I', ~~) ~o, ~'.- " ',.",0'.:" .. 'I' -,:' .;:~, -', .' "',...;'; ,. ,;~~I~,'-),".,:t :: c "k C\ \J ~ r ' ~ I ' ~, i I I i r( I( i ~~ , .-::' :("'~,""'0 .' " '1\ ~._ - .0- '. "'\-','.' ,.' ":'1,',,1"'.' . ,,'\,',. " ' -~".~ , ,,' . the participant's expense. Any document not made available by the ICRA to the participant after written request, may not be relied on by the ICHA in the formal grievance procedure. (2) The right to be represented by counselor other person. (3) The right to a private hearing unless a public hearing is requested. (4) The right to present evidence and arguments in support of his or her complaint, to controvert evidence relied on by the ICHA, and to confront and cross-examine all witnesses on whose testimony or information the ICHA relies. (5) A decision based solely and exclusively upon the facts presented at the hearing. C. If the hearing officer or hearing panel determines that an identical or similar issue has been previously decided in another proceeding between the same parties, the hearing officer or hearing panel may render a decision without proceeding with the hearing . D. If the participant or the ICHA fails to appear at the scheduled hearing, the hearing officer or hearing panel may make a determination to postpone the hearing for a period not to exceed five (5) business days, or may make a determination that the non-appearing party has waived their right to a hearing. Both the ICHA and the participant shall be notified of the determination, provided that if a participant has waived their right to a hearing, this shall not constitute a waiver of any right the participant may have to contest the ICHA's disposition in an appropriate judicial proceeding. E. At the hearing the participant must first demonstrate he or she is entitled to the relief sought and thereafter the ICHA must justify the ICHA's action or failure to act which is being challenged by the participant. F. The hearing shall be conducted informally by the hearing officer or hearing panel. Both 8 - \ ,,:,). <<-',':i,' :'.J, ,~,;,:",," ",.;,. ~-- :',' , ',', ,(, \ " ,.'".-",:.'",,1', o ~.- - I ." f"- .. ,,'.' ' ~S31 , ",,-,~::":"':-:::-:T7 "S ,f.- ' !" \.,' j, i I i' I r ,I' I " , il! :'lo. . ". .::: I~' ' ~",'" .,','~.,,\/',:;~ ",','; "'~ r~C \ ,I \ ~ r ' ; I I I t.~ I , , I ! I i I ! f!' I ' 1,( I ~ J I'; ]: " ~; ,( . !.: :,,": '..'. '... . ::~.'~~(;, " "",\!( , , 1,. .. '! , .,~. ,~' , ""_l. "",.,c.-,.;.,.;._.','_'..:.:i".'_ '.:~:.. '.:"::_'-'0 :~..~.c.J:',.'~:;~~:;;.;._:~L~ .J:_;.... -"-' ...._.I:."...,.,~~~;; '~~)'ji.. :,<;.t-..r.;;:::":'::~~:;;":'"!;.~($::: i ;';:";:::~l;;:;~:";.:'t:~;::';.{;':,:;;;:L';j~:;:....~,:,~ :.-I;.~ -",. o 4. oral and documentary evidence pertinent to the facts and issues raised by the participant may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings. The hearing officer or the hearing panel shall require the lCHA, the participant, counsel and other participants or spectators to conduct themselves in an orderly fashion. Failure to comply with this procedure may result in exclusion from the proceedings or in a decision adverse to the interests of the disorderly party and the granting or denial of the relief sought. 4. Decision of the Hearing Officer/Hearing Panel A. The hearing officer or hearing panel shall prepare a,written decision, together with the reasons therefor, within twenty (20) calendar days after the formal hearing. A copy of the decision shall be personally delivered or mailed to the participant and the lCHA. The lCHA shall retain a copy of the decision in the participant's folder. A copy of this decision, with all names and identifying references deleted, shall be maintained on file by the lCHA and made available for inspection by a prospective participant, his or her representative, or the hearing officer or hearing panel. B. The decision of the hearing officer or the hearing panel shall be binding on the lCHA which shall take all actions, or refrain from any actions, necessary to carry out the decision unless the City Housing Commission notifies the participant within ten (10) calendar days, in writing that: (1) The decision of the hearing officer or hearing panel is contrary to applicable Federal, state, or local law or HUD regulations or requirements of the Annual Contributions Contract between HUD and lCHA; or (2) The grievance does not concern lCHA action or failure to act in accordance with or involving the participant's lease or lCHA regulations, which adversely affect the participant's rights, duties, welfare, or status. 9 - "",--" ~ '-:' ' '. .."I, "..',,'.',>., 'J""",.., 0' \,: '.-:, _........ ..1~' "'I'" '4 .~.,. ~S31 ", ,.,.,',..,....."'",,- "'["T: :,~ ,t; ~, <'I} , '''t~ I, 'i ',. }' :ro, --':"".''-.'; .s.lil'.i: , , :~:,>;,,:;.' ., ..:'" , , , " ' l~' ~ ,c'". " ! " " , , i i C. A decision by the hearing officer, hearing panel, or the Housing Commission which is unfavorable to the participant or a decision which denies the relief requeeted by the participant, in whole or in part, ehall not constitute a waiver of, nor affect in any manner whatever, any rights the participant may have to a trial or judicial review in any judicial proceedings which may thereafter be brought in the matter. D. Judicial Review of Administrative Action Participant may seek further review of a formal decision by a hearing officer, hearing panel or Housing commission in state or federal court of competent jurisdiction. B. ESCROW ACCOUNT. '" " 1. ESTABLISHMENT OF ESCROW ACCOUNTS. When the family has completed the Contract of Participation, an escrow account will be set up in the name of the family. The escrow account will be credited and the account rectified at the end of each fiscal year, at the time of the annual review and at interim re-certifications and rent changes. -....:.;. 2. AMOUNT TO BE ACCRUED. The amount accrued will be determined by income from wages, tips, salaries and any earnings from self-employment. LJ (~~ ,,) r ~ a. The accrued amount is computed using the Total Tenant Payment (TTPI for participants in the certificate program and tenants in Public Housing. For participants in the Voucher Program, 30% of the adjusted monthly income of the family shall be used to determine escrow amounts. b. Without regards to assistance programs, different formulas for the determination of escrow amounts shall be used. I' I I II 11~'i, , l I '" } ;",d' (1) VERY LOW INCOME. For families with incomes below 50% of the median income for the County the amount is equal to the difference between: i) the present TTP and that amount which was calculated at the time of the signing of the original Contract of Participation; OR 10 , . ~',"I":"\':: ,~, [~!'i' ','. ,',I -"" Af'"" 0 =->_.~u "- , ~- '\ ,,-", , ,.,.,', "";<),,-:::q,, '. ':'",',-':'-.,,0::,:>,,;,.,1 , ",J~;:\(:_:':".' " :,:'-':''':;'F,C;,:'::'' , ','", 4', :-:> .- ",", ...,. 1,,1'10, ,~ " ,I ",I I ":,,1 f'" .\" 1 i' " .\- ~S31 ,. ~' ,,'I .....:.'..,..-" .,. J r I \ ~ " " , I . I , , : i i I , i~ ~ I I ! i I I I I , \ '~j L._ '(~n~ n~ " ,:.';' .' ," , , '."" . ,',~t~ -'" "h .;,' " , . , '~"I .. " ,'.. ii) 30% of the present adjusted monthly income and that amount which was calculated at the time of the signing of the original Contract of Participation. (2) LOW INCOME. For families with incomes below 80% of the median income for the County, the amount is equal to one-half (1/2) the difference between: i) the present TTP and that amount which was calculated at the time of the signing of the original Contract of Participation; OR ii) 30% of the present adjusted monthly income and that amount which was calculated at the time of the signing of the original Contract of Participation. (3) MODERATE INCOME. For families with incomes above 80% of the median income for the County, no accrual with be credited. 3. INVESTMENT OF FUNDS. The funds in the escrow accounts will be invested for the ICHA by the city of Iowa City in such manner as approved by HUD regulations. In no case will a single escrow instrument or account exceed $100,000.00 in value. 4. WITHDRAWALS. Funds held in the escrow account may be withdrawn when the family certifies that the family has met their goals of the Contract of Participation and are no longer in need of federal housing assistance or when the family certifies that their Contract of Participation will not be achieved without the use of escrow funds. Funds in the escrow accounts may not be obligated or used as collateral for any purpose. The ICHA will pay such amounts as credited in the escrow account of the family within thirty (30) days of the request for withdrawal. 5. SUCCESSION. When the head of household is no longer involved with the FSS family, the family shall have the opportunity to identify another family member as the head of the FSS family. 6. The escrow account for the family will be FORFEITURE. 11 .. llllllft1l ~ o~):.?,"'" "'~ ~. t'" . '. ..,'" .'..,'.',_.. ~f (J) .!. . ~S31 I It. ,,/ .J I 0, ,.."," ;~1;t ',' .';..,..,,;-,:,-':." , '-~ ;'1 '''1..,.. ! .:-Ol / , " i 'j ~.. 1'", /<\\' \, ' \J ,~ ....," (T\ il : ~ I {CO" "----- , ,', ",,';" , \,.'." " -;":~\~'!V'.:;,; .. ~", "" -' , " ...., ,~, " :' l' forfeit upon certification by the lCBA that the family has failed to fulfill the Contract of Participation. Such failure shall be of a substantial nature such as, but not limited to, failure to maintain employment or schooling as identified, failure to maintain participation in the certificate, or Voucher program, failure to maintain tenancy in Public Housing, or a demonstrated inconsistency of goal oriented activity such as repeatedly changing the contract of participation. The escrow account will be forfeited after ten years from the date of the original Contract of participation when the family has not become independent of federal housing assistance. 12 ..PR 'fl ',' :~'O,j ,'" ,I"~,;"~ "", -. ~ ]""'" ;,-:.." .\<;, "'Ill .:,\\,~'('\: - " " f": ' "i I', 'll.'. I: i I I i , I I ',I- ~n1I" .," 11:,.0, ~,~J ,Q , "'~'''-.:.- '-~'. '.',..;.,.',.-' , ~ '.}:'j , ,~ '~; , . ","",',; , "t. ." .~': ~~j;. . ',i_ '..:~ ;.: : .. "'~' 'I, ~' ~ ;.".i.l; ,"1' .. ''', _ J. ".,"'.,...1\.....""".)2.,..:.. . " '...~ ~ ~ ~~;,.........,.>-.:~..:."..,,;.,;~\'.~;.;\~~~L;;; ~::.:~,o'~ ~,>~;.;.,;t,r'~\:..u.:i~':,~:~:;~,"'':,'.',Jr,.~,;, ,;. , "-"" f''' . . ' ~ :'_0'; j. ~ 1~0. ;'~7~ ,:- ._ -,11: .,:;:~;'_'~,Ij'i ,e,; '." '" U', .~~_,,",, '_J....~,.. '~I' .".,,: '-\ ~}6') ..., RESOLUTION NO. 94-330 " '111./-' 1 "'1 i RESOLUTION AUTHORIZING EXECUTION OF CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT KC.9033. PROJECT NO.IA05-V022.018. WHEREAS, the City of Iowa City (the "Local Authority") proposes to enter into a revised contract (the "Annual Contributions Contract") with the United States of America lthe "Government") with respect to any "Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY as follows: J ! Section 1. The Annual Contributions Contract KC-9033 in substantially the form hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said Contract in five copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or inten~, shall be construed, and are intended to have meanings as follows: ._-..:: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the revised Annual Contributions Contract shall have the respective meanings ascribed thereto in the revised Annual Contributions Contract. Section 3. This Resolution shall take effect immediately. I Passed and approved this 25th October r: r~'" , \ \). J ':', ':,'. " , ,I' ATTEST: CIT"CLERi{I'.i I, ~, It was moved ,by, Mn"i~l' upon roll call there were: ' '" ' and seconded by Throgmorton the Resolution be adopted, and AYES: NAYS: ABSENT: t I 11 i I I 'r' , ~' lL '( Baker Horowitz Kubby Lehman Novick Pigott Throgmorton '( x x X X X >"1,"'," ft.' ,o', ai ' ~'~' Ii , ". " . hisasstlv022.01 B.res " 0 ' "-, '. ::",,<:"",,'. l.',':'i -,' A~.\\, :..":-;..". 2. 5'3 <6 "'.,',"1,"'0""',,' "'..::'::':-,..,-':,:;,'.-.;"'-":1;::7' , , i5 {_o--~'~~ - ",. --='~ ,- vr or ., J\Q~,' ,. Y'l . ", '\t " .",\\1,'/ " . " " . ',',;' -. , .-'...:. - ";.' l j , f'" '. . _,,_.M'."~_~'--~'".''' <, '''''''''''''.''. .' ,_ ". :', ,', u . ,',,-::: ':. ':':, ..' .. ~.>:.J".:~. .,.;.,.' '''' "\'" ",>- , eonsqlidated Anl1lial' Contributions Contra'ct Housing Voucher Program ACC Part I Number: GI8[QG] - V [Q[L] -\1TI 1.1. Definitions. A. ACC. As used in Part I of this CACC, "ACC" means the Annual Contributions Contract for each project. As used in Part II of this CACC, "ACC" means the CACC. D. CACC. Consolidated Annual Contributions Contract. C. / Contract Authority. The amount of contract authority for each project is listed in Exhibit I or Exhibit II of this CACC Part I (subject to reduction in accordance with section 1.4.D and section 2.3 of this CACC). D. Fiscal Year. The PHA Fiscal Year. E. HUD. U.S. DeparuneOl of Housing and Urban Development. F. PHA. Public Housing Agency. G. Program. The PHA's Housing Voucher Program under the CACC. H. Program Expenditures. Amounts which may be charged against Program Receipts in accordance with the CACC and HUD requirements. I. Program Receipts. Amounts paid by HUD to the PHA for the Housing Voucher Program, and any other amounts received by the PHA in connection with the Program. J. Project. A funding increment for the Program. ,,.--:. .,~ c\\ ~'i ~,':;f~~ i" 1 , . ! , Housing Voucher Program. A. Projects in Program. The projects in the program are listed in Exhibit I and Exhibit II of this CACC Part I. (List aU new projects in CACC Exhibit II.) B. PHA Fiscal Year. The Fiscal Year for the Program shall be the 12.month period ending J una 30 of each calendar year. (Insert the day and month used as the Fiscal Year ending date for other section 8 assistance administered by the PHA under an ACC with HUb.) 1.2. ~ I 1 i , I : I 1.3. Term. A. The initial term of the ACC for each project shall be a term of five years beginning on the effective dale of the ACC for the project. D. The first date and last dale of the ACC tenn for each project is stated in Exhibit I or Exhibit II. C. The firsldate of the ACC term for the project shall be a dale as detennined by HUD. D. If the first or last date of ll\e ACC term for the project is not entered before the CACC is signed by the PHA, the date may , , : I , I 'I,' 1\::'; 10 I , Ii 0~\") 0, {i ~I 'It', ~I; ,,; i !~ 1."1 /j f:tr\t,'l., I [NI -~ U,S. Department of Houllng and Urben Development Office of Housing t KC- 9033 be entered subsequently by HUD, upon written notice by HUD to the PHA. E. HUD may revise Exhibit I or Exhibit II at any time, upon written notice by HUD to the PHA, to remove a project for which the ACC tenn has expired. F. The initial ACC tenn for any project may be extended by written agreement of the PHA and HUD. 1.4. Annual Contribution. A. Payment. HUD shall pay the PHA annual contributions for the Program in aecordance with HUD regulations and requirements. B. Amount and Purpose or HUD Payments. 1. The annual contribution for the Program during a Fiscal Year shall be the slim of the amounts paid for ~ach of th~: projects in the program. The HUD annual contribution for the Program shall be the amount approved by HUD for each Fiscal Year to cover: a. The amount of housing assistance payments by the PHA. b. The amount of PHA fees for Program administration. 2. The amount of the HUD annual contribution may be ' " reduced, as detennined by HUD, by the amount of Program Receipts (such as interest income) other than the HUD annual contribution. . . ~ i ti ( ~, C. Maximum Payments ror,Program. 1. Annual Limit on Payments for Program. Except for payments from the CACC reserve account as provided in ' , section 1.4.Eofthis CACC,the HUD annual contribution fora project under section I.4.B during the Fiscal Year shall not be more tban the contract authority for the project. The amount of contract authority reserved for each project in the'Program is stated in Exhibit I and II of this CACC Part I (subject to reduction in accordance with section 1.4,D and section 2.3 or this CACC). 2. Limit on Total Payments for Project During CACC , Term. TIle tolaI of HUD payments under section 1.4.B for a project over the term of the CACC for the project (including, any payments from the CACC reserve account as provided in section 1.4.E. but not including any payments under section 1.4.F) shall not be morc than five times the contnlct authority for the project. D. Reduction or Amount Payable. HUD may reduce the amount payable by HUD for any project or for the program, and may reduce the amount of the contract aUlhority for any projec~ by giving the PHA written notice of reduction in accordance with section 2.3 of this CACC. The notice by HUD may include a I, paga 1 014 pagas form HUD.52520.D (1/90) raf. handbooks 7420,3 & 7420,7 (r'- "L', 0 _....t..t... -' ~ ,.-- ,.--- ),':,', ".,:", i >,'..\:":,.. (53~ I' , .r.;. ../ .,) ^ '~~~I []. o - ,~~".,.,.., :'," . " " ... , ,'" ".:':/:.'.,::<,,~~'~,~';,~ :, ' . ~', .i.':,. , ,..:\. . , ...~, " 'y .! '\ , ',-', ., ,.. , '" , ":.' "', .',. :'r. ,:..'..~.. ,-~ d '",_',,_,~'_,_','_, _',:":~."~:_':' .".: -':'.", :',r_....'".'_..i,,_....:-,:,_;. "...,.",.;",,.:~='_: ~"""_"::";'",",~:.,'.,,::.r,,,.,,,~,,__:~,,,,~.,-,:, " , ,.' , Co , '~_ .__,~~~ _ .__~ _ __ _......._ _._ ' -.- --> .--. '- ,.:,'~:.\..'.::_,:.:',-'.':..:...,:,::.;.:~~~.....,<,;..';::;.;.L't';~..:,';.;';'.:..'J.;,:::k.r.:;,~.;.;~~',~ Signatures: Iowa Ci ty Housi ng Authori ty Public Housing Agoncy Nam. of Public Housing Ag.ncy : i2u4 tU ~ .~/e::::- S~nolul. & oOloslgned : - :-.J by' . SUSAN M. HOROWITZ, MAYOR Print or typo 111. nom. ond offici.1 till. of ,Ignolory : revision of Exhibit I or lito slate the reduction in the amount of contract autllOrity for a project. E. CACC Reserve Account. A CACC reservcaccount shall be eSlablished and mainlained by HUD, in an amount as determined by HUD. The CACC reserve account may be used by HUb for payment of any portion of the payment approved by HUD under section 1.4.B for the Fiscal Year. F. Portability Procedures: 'Fees orReceiving PHA. In addition to the maximum payments under section 1.4.C, including payments from tlle CACC reserve account under section 1.4.E, HUD may apProve additional payments to the PHA for the purpose of paying fees to another PHA acting as receiving PHA in accordance with HUD porlability procedures. G. Separate ACC. HUD's commitment to make payments for each project listed in Exhibit II shall constitute a separate' ACC. Unllod Slaloa 01 Amorlca Socrola b Ho r ,- \ \ Slgnolur. & Dol. ,Ign.d : by: 1.5. CACC. A. TIle CACC consists of tllis CACC Part ( (including Exhibits I and II) and the form ACC Part II prescribed by HUD for tlle Housing Certificate Program and tllC Housing Voucher Program, designated as form BUD 52520.E, and dated January 1990. These documents constitute the whole CACC for the Program. n. TItis CACC supersedes any previous Annual Contribuiions Conlract for the projects or Program. Mailers relating to operation of lhe projects or Program under a previous Annual Contributions Contract shall be governed by this CACC. o l)~l,. Harl M. Uamhlin, l1irpr.tnr, Pllhlk Hnll~ing l1ivi~inn Print or typo 111. namo IlI1d officinl d~. of slgn.lory : ;;"~ ! I I i i I t \'( ~ ~1 ~.) ,. 1\ ,i " ti I Dnno 2 014 DOnns lorm HUD.52520.D (531l 10, , ..I.... ":',':..."-'1 ' ", :1 " ;~,' ~,' rro-_'- ,- ,- , - - ~r - ,~ ,,' - ,),.._..,..,..,..,-' 'I':'"'' O""~'-: ' ,,~,"~'r," ::' . '-'. i','".,, ,,',/',', ,y,',\ ' , -- ,---~. . ,.~-"--: " ,,,., '> ";~..~:;\.., ;': " .;_.,:~:\"., ,~>" ...:"..~ ': . '" ;',-'", ~:,' ,,; '.':::.;i:~~\;'I.i,..'..;".'." . , :O-'t, . :,'.: >,;"..,.. _~:~, ',-;." ,,"'~~:1:'::~'~';"~"';"';:''':;' ;...,_.. _ _, .. ;' . " , . , ACC.Pa~ ' ' : Number: lllA I d I ~. V [QIiliJ. !QIill] , Exhibit I : First Dale otTarm Project Number Contract AUlhorily($) lA05-V022-001 $ 42,820 02/03/1986 lA05-V022-002 $126,715 05/01/1988 - IA05-V022-003 ,$ 25,314 01/01/1987 lA05-V022-004 $189,816 05/01/1987 lA05-V022-005 $202',927 08/0'1; 1987 lA05-V022-006 $ 41,939 08/05/1987' lA05-V022-007 $243,010 05/01/1988 / lA05-V022-001 ($ 42,820) 02/03/1991 IA05-V022-003 ($ 25,314) 01/01/1992 , " ,lA05-V022-004 ($189,816) 05/01/1992 lA05-V'022-005 ($202,927) 07/31/1992 lA05-V022-006 ($ 41,939) 07/31/1992 lA05-V022-002 ($126,715) 05/01/1993 lA05-V022-007 ($'243,010) 05/01/1993 {~ (~] \ 9 Ir. I ' I '" i : I . I i i I I i I I I , I r1,' \ Ii' "1,1 1.:'-"" United States of America ' ", , , .' Secretary of Housing and Urban Development pago 3 01 4 pllgOI Co '-,"r"&<" ",),.":'", o ',11"'_" ,\,.\". ',~",:,~r,;.:: ':" ..., . ." ".-' , ',~' ~ ' .:,' '",. ';',:;~;;;:;i/,;,~".,; ,~,J,',:i:~~:~,:..'.-.<" :.: ,,': ;:~,:~ ,,;~::'::);:;'::;:,:-" , . .-~ Last Date ofTerm 02/03/1991 04/30/1993 12/31/1991 04/30/1992 07/31/1992 07/31/1992 06/30/1993 Dala Slgnod : - r,:. 'r :) . I' form HUo.S2S20.D Z5~~ , Ii , .o',....,-. . .I'~(I "t ". ..j ,Id, ,," .'j,'c,'-"" , , i . : I;' ,~; '.' " " '.>, " .," "",'""\0,,' , "~I ;'~ \'~'"'' ' : ...'.:'.-...,.. .~' ..;,'1 ",I , ,~ . ,; " ~ ", f" . '. .;. "..'....:'d,'.'C:','.._'"'M--..'-',:.;:~.,~~,~~:f.<~._..' . . - ":,,, , "",.",'" ,', ,..,,' - ...'.. ' , " ..__._. __._.....~__~__.~_.;M . '.: _,:...c.__+';-'_,-...~....-->I..."--",-',,X,',"~',--,+,'" ,-" "";:,"_'e"""'<"",-'.',.",~",_",..J.L.'~"""""',,,,~ _ ,'~'.'_.'" Ace Part I Number: ~. V IQJi[gJ .1QIiliJ Exhlbllll : Project Number Budget Authority Contract AUlhorily($) - First Date of Term Last Dale 01 Term IA05-V022-008 IA05-V022-016 IA05-V022-018 $213,212 $127,390 $ $ 72,095 $ 11/01/1989 636,950 12/01/1993 360,475 12/01/1994 10/31/1994 11/30/1998 11/30/1999 RENEWALS - 86 X .0194: IA05-V022-009 (Renewal) $ 74,357 02/01/1991 01/31/1996 Replaces IA05-V022-001 IA05-V022-010 (Renewal) $ 36,216 01/01/1992 12/31/1996 Replaces IA05-V022-003 IA05-V022-013 (Renewal) $224,535 $1,122,675 05/01/1992 04/30/1997 Replaces IA05-V022-004 IA05-V022-014 (Renewal) $297,346 $1,486,730 08/01/1992 07/31/1997 Replaces IA05-V022-005 IA05-V022-015 (Renewal) $393,045 $1,965,225 05/01/1993 04/30/1998 Replaces IA05-V022-002 AND IA05-V022-007 Q , ( \ :) d ( , I: 1:, i I 1,1 :\' .J I I I I United States of America Secretary of Housing and Urban Development DalO Signod : ~",,',": ~ t>'! ~' pege 4 01 4 pages lorm HUD.52520,D ,:C 0 -, ... - -_ ~~ -" ~ '~ _ __,I ..,'" .. ',' , " '.... "'O.')~(i:' ;' .. ,"' ,~: "M):'.:'-'.' 2.53 ~ ."', '., 'T' ,,/5 j[], ~, ,', " ~', -,.'):.. ,~.,.',: ~l'ijjijj\', ,'.":.:.;:":'" .' !' ~', 'l' '.' ?:. '.,' ,.~? . ..">-\'\1,'; " ":"; ~' . :~, ,".J. i' .~ , :,' '~~, " ;,' "':, ~\~ M~ " i I, ! i i '.... I "..-..:-,,~, t c'\\. ,\"~ ( '~1'''' f' ',' ", , '".. I' .'{ \1:': i 1\ I., i 'I '" . q 1 I I i! I \,. i l (, : I J \\,l.v7. " \',"'-' \oi,. ,.' Gl .-,......,.- : 0 J" ._-- RESOLUTION NO. 94-331 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, PAVING AND DETENTION BASIN RELEASE STRUCTURE PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PARTS ONE. TWO, THREE AND FOUR, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, tile line and water main improvements for Windsor Ridge _ Parts One, Two, Three and Four, as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving improvements for Windsor Ridge - Parts One, Two, Three and Four, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. Detention basin release structure improvement for the Windsor Ridge development, as constructed by Iowa Bridge & Culvert, Inc. of Washington, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 25th ,1994. ~a-A >n.~ ~A OR - . Approved by. ~ /:I~f~ day of October ATTEST: /J1~a~;) .f( klaiA) crrv:CLERK pwono\wlndsor,los I ~S3' :'-c:';,'-"'~,,~c'-~r:7',' ,", " 'd::.' 'f :.) _, w " ' :t> ' .\.l' ,il(~ Ilr~, ~~t1{" O. - ..".- 17W' - 'M~' )""'''''' '. ".. ,',,' ~'},:\\."".:" ~\," o ," ,,'" . ':"::J~...)}."':: .':!: '.. '.', ,,': . -~- .:>~::;:.\"., , ~:~:.. .-,..,..P-"!,.,,' " Resolution ,No. 94-331' Page 2 - , ' , i I I 1 'j It was moved by Novick and seconded by Throgmorton the Resolution be adopted, and upon rolf call there were: . AYES: NAYS: ABSENT: v Baker Horowitz x Kubby Lehman Novick Pigott Throgmorton I I x x I I )1 " , "'-; , x X t,', x , .' , ".,", '. I i I' --, , , " ' ,I, ~ ' " , , -~ : i ",.,', '''; '~.'.'.,..:.,'.,;~I:.", J'-..'.-.."':-'-.."...." ";i:'.r~~"::'.. '" )H,,!;':f,;";.,' ' ' ~5'3 , "\.,,,,,. ,",1:., ", \;''''':'',.).'' to, !rr- T- )L_:".0 l:.4.ilnl .' ";"';";':";'''-. ,'-" ' f")': " >mm':'. ,...';,..' ,-'';:'';, ',:, ";'1 ,~. s '. "';".i' \ "'\ ~\~, \Yfr.~ !~ii;~Nj.I".! " I " . , , 1_" ~' I" , ~~ CITY OF IOWA CITY I' i "'- ENGINEER'S REPORT October 19, 1994 , Honorable Mayor and City Council Iowa City, Iowa Re: Windsor Ridge - Parts One, Two, Three and Four , lG Dear Honorable Mayor and Council persons: \ I hereby certify that the construction of the sanitary sewer, storm sewer, water main, tile line, paving, and detention basin release structure improvements for Windsor Ridge - Parts One, Two, Three and Four, has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm, sewer, tile line, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa; for the paving improvements constructed by Metro Pavers Inc. of Iowa City, Iowa; and for detention basin release structure improvements constructed by Iowa Bridge & Culvert, Inc. of Washington, Iowa. , " Wr; ,; "'~', " r''-;' \ ,I r:~ I' I recommend that the above-referenced improvements be accepted by the City of Iowa City. ~ Sincerely, I i : I i I I I f" I" ~ , '.or , , 17~)W Richard A. Fosse, P.E. City Engineer pwono\wlndsor,or 410 EAST WASHINOTON STREET' IOWA CITY. IOWA 52240.1126' (319) 356.5000. FAK (319) 356.5009 ':(- 0 - , ~L,_ ~ ,-_. ' ~S"3' ::\ !", ")",..,,',.,'-,..,-,.,"',..., --'-"--'---'''''r' I ",.",'--O',<:,""."..';;~' 0 ' l~:~~~~~.' -, ..,,};:,':::-:.',,>,,:,:;-':',:..:,-, ,;.' .', '" ' l-:) .' ,",.. ,I" ..' ..;;~.-' "-' ,:.' ,~",i ,:.:,;l'.' y.~ .. ~\ " ,,,. ~1 \ \ ~ I, I ~, , I I I I I~) " It , 'I" ~,",'" ,~ : ~l, ' i' ~l fL~ '(, --6 , -- ", ;', ~~I:':~~'~,~'I,~, >' , ~ oj, <,.. . ";' ',' ,'.." , 'N,\" ,,' 11l+c;J RESOLUTION NO. q4-~3? RESOLUTION AUTHORIZING EXECUTION Of AN AGREEMENT fOR USE Of PUBLIC RIGHT-Of-WAY BETWEEN THE CITY Of IOWA CITY, ARLINGTON L.C., AND WINDSOR RIDGE HOMEOWNERS' ASSOCIATION fOR PLACEMENT Of AN ENTRANCE SIGN ON STREET RIGHT -OF-WA Y WITHIN THE WINDSOR RIDGE DEVELOPMENT. WHEREAS, Arlington L.C. ("Arlington") is the subdivider of Windsor Ridge - Parts One, Two, Three and Four in Iowa City, Johnson County, Iowa; and I' I, WHEREAS, Arlington and the Windsor Ridge Homeowners' Association ("Homeowners' Association") have certain responsibilities, by reason of the subdivision agreements, for maintenance of certain portions of right-of-way within the development; and WHEREAS, Arlington and the Homeowners' Association seek City approval to locate a distinctive entrance sign within the Arlington Drive right-of"way, which is a city street located in the Windsor Ridge development; and WHEREAS, the public interest would be served in granting approval of an Agreement for Use of Public Right-of-Way in the following particulars: 1. There would be no adverse effects on sight lines and traffic visibility; 2. There would be no adverse effects on abutting properties; and 3. A public purpose is served by the placement of signs which identify the development; and (D I WHEREAS, the Department of Public Works has approved the location of the entrance sign; and WHEREAS, an Agreement for Use of Public Right-of-Way containing such conditions has been prepared and is attached to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement for Use of Public Right.of-Way attached hereto is approved as to form and content. 2. The Mayor is authorized to execute and the City Clerk to attest the Agreement for Use of Public Right-of-Way, for and on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record said Agreement in the Johnson County Recorder's Office at Arlington's expense. Passed and approved this 25th day of n~f'nher, , 1994. '. / ' ATTEST: ~,: i! '~J CITY :~ERI< ,': ':: &u'th. ~7C:- ~AYOR ~ APproved~ . ~)&'4 ity Attorney's Office /~tK0V , "l\ !,:.'(, '~:g. _'l ~rt~^ I ~~ iii., '!", :U~ii ',ll, '''''I''' , '," ,',' '. ,:,0, , " , (/ pwono\ont,lon,re, , " ~S'1o .. '--",i; , ':__:.',/r:.. ...,',i:r6 '\;~~;;fi:-T'T-";"':~~'...,-~'..,.. '.,'.".--c-.'.'"I}S, ;,I:"".,. ,.' "<,';:-i';:" ' ,,'; ,'!lIft"tI3:' .:," ;^,::,.- <~, " '" ,:,~ ..., _: ':_:"i:.~.~,.~"\,-"-,:,:'~,,,~'~.~L~.:.2{1~~.'~~'.: . Resolution ,No. Page 2...- 94-332' I I f I I I, I I It was moved by Novick and seconded by ThroQrnorton the Resolution be adopted, and upon rol~ call there were: , AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman , X Novick " I x Pigott -'.: ~ x Throgmorton ',::- " ',; ,,-, J~' (~, .' ~ r:(~ ! . '1 I ' i ~ i I i i , , II ! [ II " ' 'I I i f~t i II ! n ) ~ .J. " c~{C- '~ ' "'~~." ~F- J"..' , ",'..",., ," '0,>;'(; ? "~,'.~.,;,~<;:"';'::,,: :',;,:','ji' ~-- - . , ',,' " , , ',,- I, ", D ~ , , ~o , .;,;,. .::,.r;/I,:',,!::l"::'~::;' c r~"::":'~" , ,.' '~5' , , ' " ' :' " . fl "'-' 10, .';.,:;:\ ' ~;~;;i, ''> i: ,- ,~, :, " :i', "'-.' / '., "- , , , ......7"'1......;.. 1 c'') , \. ",~ . fL' ,'"'' -~ .' .' .....-',', . :"'.'\"'. '_::'c~,w.~'.,' . '. 1',,','_'''; ': ~' -,'" ',-\, " . ~ . . . ",..,'. " \ , , , . . '.:., ',c, ;,:'...:;",;'.:.j ~; -', ',~:~;~ ;:.;'~ ~:,:):L;;{,;:'~~l ;:,'~_':.;~.~.~;.:;.,~~~,...~d;'~~ ~Jo'....--,-.;~ 1-,:=,~-,,,,,;i,,:.~", ~;..'...,~,~,~:~::.:.;......:',,~~,_< ',i.'~~~,..;....L".~-.;... ,- ".....' i , , f" , i '. " ..\' .. ,;, d.' ,. .."..".,,( ..<,;' ,:_'''~''~: :.:,',,"",;..... '.~~:.-~;, 0:..',\>., ..::.::""'~',.. ""~'- rL'. '--' ,.-0~ ...."..... ~ ,,) r , . AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, ARLINGTON, L.C. AND WINDSOR RIDGE HOMEOWNER'S ASSOCIATION This Agreement is made by and between Arlington L. C., an Iowa corporation ("Arlington"), the City of Iowa City, Iowa, a municipal corporation ("City"), and the Windsor Ridge Homeowners Association, an Iowa non-profit corporation ("Homeowners Association"). WHEREAS, Arlington is the developer of certain real estate legally described as Windsor Ridge Subdivision; and WHEREAS, the Homeowners Association has certain responsibilities, by reason of the subdivision agreements, for maintenance of certain portions of right-of-way within the subdivision; and WHEREAS, Arlington and the Homeowners Association seek City approval to locate a distinctive entrance sign within the Windsor Ridge Subdivision street right-of-way; and WHEREAS, the public interest would be'served in granting approval of an Agreement for Use of Street Right-of-Way in the following particulars: 1) There would be no adverse effects on sight lines and traffic visibility; 2) There would be no adverse effects on abutting properties; and 3) A public purpose is served by the placement of signs which identify the Subdivision; and WHEREAS, the Department of Public Works has approved the location of the entrance sign; and WHEREAS, the City agrees to allow use of street right-of-way within the Windsor Ridge Subdivision for said purposes, subject to the terms and conditions herein. , I I I i 1 I ~o ..... ~'ll ,~ -:",)''':,;'',: '( -,,';,~ . ....;<.'i',:;"- - 0, .;-1, r; -" '/ r-' i' .,) 'ID~ ,.'..,_...'. "'1 =--, ~,-. ! , l,((i/ fi_'~'"" " , , ,',.,.,., l.-~~ (V- ,,! 0 ii,_ " . .:': ..',' ;r. .',;>~l_:-\'l.~ , ,. "'...:.., ,,'Ie' ,~'" " ','C ~ .~'... -. .., :, '~.." __' J'-:' -, ~'.:. -,'; ,',~, ,::, ,~:.~'- ~:',~::~~...~ ':;~~'.'~;~~'~~:~i.._~~..~..~~-..;~~'..;~~~".;;~"''''"'''' "~:~~2....,,Li...~.~i~....~~ ......:.~:. _ ' . . ~" ;' :' . . .__, .. ._,.~ ..., ~,..". ,'~, ",,' ......"'... ,.."., ",,~,.,'~.~' '." 0-:;':,', '",,, .~,~'~~" _"",-,.-." ,~o...'"-'.,-. '. '.. , .', 2 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN, IT IS AGREED AS FOLLOWS: 1. Excepting those portions of American Legion Road within Windsor Ridge Subdivision, Arlington shall be allowed to install and the Homeowners Association shall maintain a sign within the Windsor Ridge Subdivision ("Subdivision"), subject to City approval of grading and placement of said sign. The sign shall be constructed and located according to the attached drawings, and shall be compatible with placement of sidewalks and street curbs. Arlington and the Homeowners Association further agree that the entrance sign shall be located with a minimum of a three (3) foot clearance from the street paving, and a minimum of a one (1) foot clearance from the sidewalks. 2. Arlington and the Homeowners Association agree the height of the entrance sign shall not exceed sixty (60) inches in height. 3. Arlington agrees to construct the entrance sign in a manner acceptable to the City. The Homeowners Association agrees to maintain the sign in good repair so as to minimize danger and preserve aesthetic appeal. 4. In the ~vent that the entrance sign is to be replaced, for any reason, Homeowners Association agrees to replace said sign, subject to approval of the City Public Works Department. 5. Parties agree the City may require removal of the entrance sign upon reasonable notice to Arlington and the Homeowners Association pursuant to section 364.12, Code of Iowa (1991). Upon such notice, Arlington and/or Homeowners Association agree to remove the sign from the City's right-of-way, or to relocate said sign to another location within the right-of-way acceptable to the City, and agree to do so within sixty (60) days after being so ordered. In the event Arlington and/or Homeowners Association fail to remove the sign, or fail to relocate said sign after being so ordered, the City may remove it and the cost thereof assessed against the property owned by the Homeowners Association in the manner provided in Section 364.12, Code of Iowa (1991) as a property tax. f" I , '!. ""0 :~ H , - ,~,,\.l_. ~ ~ '- ~~:'" ,',ii,'. ,'..",;,,'..",;', "" -"",\,," '0 , .. I" ,.. '" ,."0 " c. " ,:/ ;-. ~" ': I ' , .11 .-'._;.'.., ':,',.., .r, '.:'! ~,,' , :'.,..;:if..... "';';""..:. ;! '~,~ '~" '~-'i ,''''-' ~~,:,: ..... ,'. r-'\' \, , ~.\ ir~ ! I I , ' ~ I ' II I! i \ I~" i \ I vl,,;' ~"'....:..-: " ':c,o '. "',, ","", ':' ,', ,. .,~':" ':-i-':~:~t:~.,;.'t~ '. I~' , , ",,'. . '. : ')', , " " f" . ',. ... ,'-"'''' .:,',':' ,.,,~,'.-,.,:," _"""-"","",lo~.<"-'-'",,,,,,,,,,:,,,~_,,,_,,;,,_, ".. ",',: ' , ,'.' ,- .. '. " , "",-,".~ ,.;;'._;~.~";:""'''''''''J~,';..".i:..;..;;;,.: ~~..::.:.i'l.'~'4".j~,.'" ~ ....~;~".:.i :';~"l:.:.t::;.;, ;~':",,:'... ;r~ ~.,~ ;"'~"""'~ :..,,!,'.,......,,. "LI,. "'~.,::: ,~.,,',~,,:~ ,....,':I.'~:, _ I.:~.~.......;.;.,,,-,--,~ I I " 1-; . . 3 6. Parties agree that no property right is conferred by this grant of permission; that the City is not empowered to grant a permanent use of its street right-of-way for private purposes; and that the City may order said sign removed at any time if, for any reason, the City Council determines that the property upon which the sign is located should be cleared of any and all obstructions. 7. This Agreement shall be binding on the parties hereto as well as their successors and assigns, and shall be construed as a covenant running with the land and with the title to the land owned by the Homeowners Association, according to the Subdivider's Agreement and according to the Declaration of Homeowners Association separately established. i ' !" I I' I ./-~ Dated this z'S day of Dt.~",l:t...... I 1994. CITY OF IOWA CITY ~~~5 By: Attest: (Jle~?:/(. ~ By: , ,I App, ove~J: .~M ity Attorney I s Offi97 111'~ /'1~?lj " ~D '= ' , ~~'--~:~I~- "'s '0 j-:~"'" \': ,.N::;!:."" " ~ " , 111. "','-"..,. ' r. :',:,~" )t. ,Ii. .",J ' y,,",~ " .,-" / ,....~. \" , ,.. . ~ ,..~o , \ \., , ,~ . :'i-" ! ' \ , I , , , I' I I i i , I i , I , ' : ! i~ ,I" : 1 ! I \ I / \~,~" ~ ~ - I ',' ~. , " . ,1 . . o ., ... . , , ':"~~:\~'!,t ' ,',' .. .~,." .:: ~ ..' " ,,:.1 ... _..,_;.."___",__."".",.,,,,-;..~;.,.';"jL;,;..,,,.:,~.;"~,,.;,).;:..<.':!,... ;,.-"..~' . ,. !...... ~" . ".-, ,;.:i, ~ ':,' ~ z:::;lli Fo::!i B~lX - ------- - - - -- ~R\J\'\G\O\'\ ,~ ,--- ORNe ------ - - - - - - ----- - . - - ..... - --- it> r' ~ ~ ~ r.. ~ CD I d ~ - '10 r' / - - - ~ \ \ \ o ---..:...~ ' -'........."-----"-"-~""--..'!"-~~.' ",i .."t",;" ,:.:,!\'.r.:\:-' . ..... ..... ..... / ~ _/ ,~ /~~ ":~' "''1''""..,.."":",,..,.',-,- ""',-'w'r:'.'~"-"'" "32,'X 10' ,,', ;":c-",,, " " ' ,'" ' ..: '''';' ..... " ,,', . ,~, \; '. c v .~ 01 II I 1) <0 I ~ o II ~ C ~ Revision No. & Dote c/ N >'- Z IX) J:I 1-1 ~ 'll I ~ "~ . ~; 0 ~;:; >'- S'" J:I E Zl'l.l 0 i 0 J ~ 'tl o 0 0 U- >. " >'- rn u J:I ~ 0 ~~ 'll c !l! . . o ml .> ,.' ,\ ~ 10' ' (' '<- U if .~ '{" 8 (J !J Q a Q: Q) I b.O ! '0 ,; l Z .... r j p:: .1, p.. ~ ';' ~~ Z '00 C) ~..... ..... .... >-0" m ~E-< ... 0 ~ ..... E ~u a. U ~ N Z Q~ '" < ~ .p:: ~o c\j ",E-< Ii 0..... FZ ",oi-> .. F b.O 01 .~ ~ ~ ~ . ~ .... I lli . ..... 0 L~ ~ '.,' '''. ,.-",'; '''.';. , ' ,~,..;' '.',':',1':" ( " ~ "I .-___.'_,~~~,~,~':;~.~:'~,~:tli2'i',~~, ,,-',;:,:.'(,: -" ,,' ~ ,.,,~ (...~+t.~" r ,J. (f'f $ I I -' ~, ,.... I ., /, , I'D": ~_h'~" (0 l/I ~ .. .. ;;- '" o ~ ~ .. ;;- o !i! ~ ~ c Dole: 09-05-94 Field Book No' ? ' Scole: 1"=20' Sheet 1 of 1 Sheets projocl Number: 1444- 006 ""....,' .,~S'LfO .~H.-'~~'.., j .., I ..,.,~25~]tI , ^ '....:C..""""" ~ " 'l' ,-.,-..... , IL, , ~',.' '0 ,:.'I~'- . " . '. . "It', ,.:' ,\it; '1" .' \,,';'," , ') " "" I :,.. -,~ _...-'~' _:.:;-:..~._:~.j: " IlL , r ,.!::.;~ \,1 ~~ 7~ ~- ~ ,~~ ~4 ~~ .\\--d- ~ ~a' :-rr: \ . J _,~ ,.~'l...... " ( I' I i I " I i I : I I I i 'r.~ I i'\ It ~~ " '\'1~ fiit~ ;.) -~ ,C~__' ,". . .;'" , . ____.'......._:.....:.~..,~""~._.';_,~~'_,~:.;..','~~,.L;.,~,;>...:::;:~,:,;:,.i ;;;.-::.:~,'".}:', ';";''-'''~'~' '" .' .~ . ,-" " .' , - ,", hC1'.a'" '., " ..' r ,,}" ':',:" . ,'.; , 1"2),:0.:/ ",i::; :::, ' :;i.'.:' :,"" I" " ,', , l " . .', u <=') 'I,b'"z- I ~ . ~i I ~ , I , I I ~~* J ~ JSj ~! 1illS ~ ~ ti ~ ~ ~~ --.. '"31 - , -- ~=p- ~ ~ I ~; ~ .,~. .~... ,-,'-.;'.:',--;'-:,.' 'J , '. '),''',.',.'',.'.".. ,0, ' .. ,/ ,:,",; ,," "< ., " ,.. . '. ' .,-.- ,'"',, I ~',~,,,,:,,, '" ...... ,1<.,_ "._~ '_ ....w.. I I .\' ~~ " , '. ,:;:",-,~',:':( 10, I'" '}k .' 'iii \) ...,..-" ., ,,"'-i I;, .~,- "-<1 .~ . '.." -- .',~t'.l'!; . """l,"i'" , '~. '., I'"~ '"". r' ',',I . ' , . --. .,...~ ,------...,"~-~.....:..- -~- ,-_....'~,,,. '. ,. , '1:;' \. .;,1 ;, ,,- , '., f" .:~<~~/<~ " ,. .'\' ' ...,:.,".' , .',1., " ;,A '.:: . ,___'___..__.;.:....;._ ,_":::",",_","""",,,,_, U""...., H ...__",.__.__._..'~__.._.__._..~..,~.,. '-_'"'' ,...,'_.~.........,.:.:.,_...'_"....~,;"-""-'".,._._.~'...-'....;,j ~,~~.~~,~':'.' . '. ~" '- " ~ .J '~\DIJDUU:wml JlJlI1[]!J] n 'r ___ .1 i . ~ft~~nr ltiCrDt I - i ; i " I i' J . \ I . \ - . \ .. --''- I~ ~~. , ( Ii I' I I ~ , , Il ..~ " . . . - . i I I Ii If, !i'" i, I I', \.. \1 1~"'lfr.,i ,~,,' ~'l; ~ .' -- ~ntry, s'ign 'elev a t i bn . , .' ". ~- J>>Nj- "'4-I~1 ~rJ,' , . ~ ,-.;.. " " ., '.t J. ::'...: .,. ,.... ,'., " ,..... , . .- ;' ..' t: .;~,.. ';':' . '. :~:"..'~... .' :~,.,,"~*,A,i' ~ . : . . . '.' \ :. ' 1" ~~ '; ,. , "" ". ,,'('~" ~.., . ; . " , ,'.. '1", ...,.;r.~..t;,...~ ...,.....,......... '......a._J:.::'!.. h'~ .....", ....~~....'~....,:: :'JD.,~~"-:"""""""~ I I, I ~S'to ~',', ' ~'" ' "!25U'~:itf '. ;.:' ,; ..,,~ '.' ,," -, ",. ....' '. ,": '; " ,,' '.,:. ~,,,: ... ,.~', "'" ..., ,.:' ,,',,' ;';(':':'~/';.~;<';, ,'. ': ',' , ' ," ;.~,'" ~:.. ...:" ;'" '.' -", " :,: ;.,,;. ,', :, :~> ,,:; ',': :'~.' ~'~~':~"~ , ._..'w:I!"" ." .:"~' \.".".-.....:f...~..".f... ''11,'' "...':.,..",..,~. ,.,", ...";,.~'~' :.. '.',11 ...",:,,', ....:,,,.-.:.~ ':''\o'~'''' ~t ......_,~Jt'...~~~ _ ' :.::;,:"'...." ,.:..1lic '.&.-~.' .... ',1:;-:-- ~':""'~lIL~..w..."'~~'~ ,~'.:!,.d~~j..=..:u....~l:,'!b'.:~..~...:..~~.~'t.. L.Jl '...., "L.~~~.:t.Ul.,. ':'~'"~;Jii'.~~::' " ......., .t,' '.;. '. '. . .: " ~;;., " .. .. , ":" .. '.' ~ ":. ;'....F..":...,. t .";;1. ..n... .,~.r .-..'.-..... -, ..\... .. . . . . . o o " , "'i'~-" 0'/ ..) 'ItI 'i,i',\'"e''B'D,-,m,-"-,,, :32xu'.' " .." ' " ," ..,.-o'.~l~.' .. , ,',", I ' :1 ~~r.~, tom' il~ ""','.'-'_..,cc-"-"~'..'T"'-'-, -,,' 1 ' ,,',',,' ',.,'..";/5'. 5"0," " " \10 ,'h ..- / . ",-_., . ,'.','i '!i.mt~L ,'.;:-:):'" ., ',,. \"::'1 , ,,' .,..' , ."::'.',"<,' "..,hil' , {....;.'~;,/ ," ' ,~' i: , . ~ . , ,I. , ", \.O\'. tl\1-{) RESOLUTION NO. Q4-W'l RESOLUTION EXTENDING THE EXPIRATION DATE FOR THE AMENDED PRELIMINARY PLAT OF HUNTERS RUN SUBDIVISION, PART EIGHT. WHEREAS, on May 3, 1988, the City Council approved the amended preliminary plat for Hunters Run Subdivision, Parts Four through Nine; and WHEREAS, Section 14-7B-2F of the Code of Ordinances of the City of Iowa City, Iowa, permits the City Council to extend the expiration date of preliminary plats upon written request of the subdivider; and / WHEREAS, the City Council has received a written request to extend the expiration date of the amended preliminary plat of Hunters Run Subdivision, Part Eight; and .; WHEREAS, no additional regulations pertinent to this development have been adopted since the City Council approved the amended preliminary plat in 1988. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The expiration date of the amended preliminary plat of Hunters Run Subdivision, Part Eight, is hereby extended to May 3, 1996. Passed and approved this ~<;th day of O~tnhp" , 1994. ,_,":"':"r"'f-. ..i',' c~\: ~ i'.': ~,' -))=I!~ ATTEST: j/~u.vuJtr. CIT CLERK Lehman the Resolution be It was moved by Novick and seconded by adopted, and upon roll call there were: I) f$ -: , I I ) II AYES: NAYS: ABSENT: x X Baker Horowitz X Kubby Lehman Novick Pigott Throgmorton , I I ):.1\ ~l): '"\" .:J, x X X )( ppdndmlnlhunlolB,ros ~~1\ , :(C~~ '" ~-- ,'",', '_.' )":"""'" o ' ",~,,' II':':,':"""~"""\""X'}>'" ~= I:\r.c:it, ~1)1';' . II ;.;.,' I ,!, ""''':';:1'" '. ,', ~~?~}:' ( ~': '.;.,;,,~ , ',' .'. , ;' :,'\ ',~ . ' "r'I' '"':,\,,"'- . , ~",-.. " ''"'' ',', , I ;' ' .~-..... ;... " f" "::~ '.':.~,~~~~,'~,~:~_~"..;~,:j';~"~~'~:;:~;~:;~~:_;'J~~~~r.:J'~:~'~;'J't};~:,;~:;'~~;~:,:,,~':~~~~,~'j, ".,;~':,;I_~;~':,~~.',:,', ','~ -".-...,~ :: '.' :, :.:' ::.;;:>, ~ ;. ~': (,~ ,~':; '~r~:': ,~:::.: {;! t :'"('.:~ :i ~: ~ :'J..... \0\\' City of Iowa City MEMORANDUM Date: October 14, 1994 From: Planning and Zoning Commission Charles Denney~ssociate Planner To: Re: S-880 1. Hunters Run, Part 8 ~ ,Hunters Run Development Company has requested extension of the preliminary plat approval of Hunters Run Subdivision, Part 8. The preliminary plat for parts 4 through 9 was approved by City CouncillResolution 88-85) on May 3, 1988. Preliminary plat approval is effective for a period of eighteen months. Preliminary plat approval has been extended for the Parts of Hunters Run Subdivision, Parts 4 through 9, for which final plats have not yet been approved. Final Plats have been approved for Hunters Run Subdivision, Parts 4 through 7 and Part 9. The most recent preliminary plat extension approved by the City Council was for Parts 8 and 9, and extended approval until November 4, 1994 (Resolution 93-66). Section 14-7B-2F ofthe City Code does provide that, upon written request of the subdivider, the Council, by resolution, may grant a~ extension of time for the effective period of the preliminary plat. The applicant has reauested that the preliminarv plat approval period be extended to Mav 3. 1996. Staff views this request as reasonable. There have been no significant chqnges to the Subdivision Regulations or adoption of other applicable regulations in the intervening period to warrant a re-evaluation of the preliminary plat for Part 8 of the Hunters Run Subdivision. ~~ r r, ,..~ c-' \ 104 ! : I ~ I STAFF RECOMMENDATION: Staff recommends that the effective approval period of S-8801, the Hunters Run Subdivision, Part 8, be extended to May 3, 1996. , ,I ATTACHMENTS: 1. Location Map. 2. September 15, 1994, Request Letter 3. Resolution 93-66. 4. Preliminary Plat. i I: II I If ~~ ",'u.,,::,' rl ~: Approved by: ~a IIA/. Robert Miklo, Senior Planner Department of Planning and Community Development b~sBBOl :([~~__M. , ,~".::'~'--, '~.,,'-=--7 )"'^"''''''''''''''-''';'''''''' - _.,.:~'\,..",}i:"";,',.' ~s,' "',,', '''''''.,''''''T'''''' f". 'l~ ' ,.:.'..... 10/ ", , .~i ---:... c~ !i.;1 C I , \ \1, ~ t1'~ \ \ " I I , , ~'; I'" L ,"'j ',", '-~t\'I: "-..\,,, , ~ . .. ;,; " . .' '\ '~... f" . . " ' '..J~ ...._~-'"..,..~_,.',..,..;~.,,,.'_.'~....':~'!..'.,;..'t~..::;;.. :....;(',:-~.. ..~;~.~.'_.'." '.. ;~, ,,".' ....~'",.','"',.. .' , '"<.':'""',,_.'......o_"____,n_ ( LOCATION MAP Z-8804 & 5-8801 Hunter's Run Subdivision, Parts 4-9 ID~ORP )!;r ~ / I'.. ... // , ID-RS " r- . I . I I I U.IV(IISlh O' , RR1 .11' '"I ,,,.. "~" ." "",..I.t: . p p I I I ,!, j ~ tr <:::::~~~::::~'<'II:~~:ll s R: ID-RS RR1 10, RRl /./ ,/ .- -.l "'/ ~ ....'J P f , ,:;- \. PA:K fir.: ;;\,,,,I'''''/~ ' '\ ~ ", "'-(.. , r, ~ ;,~ "~'I ~ z "'.......0.,0"*....' CUaI ;o~ t." rMnllY!ln<;'..I rcmllY "', "'..":'..1 ....- , ~(~--- 0 _ ~, f, 1':1 ,':1 .. I .1 .- ~ ~. .,: :: "j'''" , ... ... ,.) 0)....;';-' ,,'''' ~-; l, " i ,; , " "I " """"""" ': .,l, . f~ ~',,' '., :.:: . ',,-_.' . . ", .; , ~:~, ,:,,',,:hw. :,' "','. '~ . .~; ,,"~.." ";' "~.... . .,: '... f" ' , I I , !~ . . ,~ " \', '. ;, ' ,", "'-'...,...:.....~..,~...:--~~ " , . . ,~_..~,~__...-,""~:~,,~,~i.wU:;~L:'~L~.~~>~.~~_'..j~~'~~~"'."-"I\...:.u..>..~:~,~~,._-.__._ '. ' ',,' ,', . .'" -,---,_.__..,,~~-,~......._,......~~~,-,~........,,_._--,-*--- I RALPH L. NEUZIL NEUZIL, SANDERSON & CONRAD ATTORNEYS AT LAW TE1.II'HONE: IOWA CITY (3191 337.3187 OX,ORO (319) 82S.417!5 KNOXVILL! (!51 51 S2S.777!5 FAX: IOWA CITY (3'9) 3"8'8'''3 KNOXVILLE (!51 51 82e.7776 DALE SANDERSON 119 WRIGHT STREET P.O. BOX 1607 IOWA CITY, IOWA 52244 ROBERT W. CONRAD september 15, 1994 / Honorable city council of Iowa City, Iowa Civic Center 410 E. Washington street Iowa City, Iowa 52240 RE: Hunters Run SUbdivision, Part 8 '-..... Dear Council Members: ('" {,: ~ '" (~'\ ~ (~ I' " [ i The preliminary plat extension for Part 8 of Hunters Run SUbdivision, Iowa city, Johnson County, Iowa, will expire on November 4, 1994. This is the last part of the Hunters Run development, and a final plat will probably be submitted by May 3, 1996. On behalf of the Hunters Run Development Company, please consider this letter as a formal request to extend the expiration date of the preliminary plat for Part 8, Hunters Run Subdivision, Iowa city, Johnson County, Iowa, for 18 months to May 3, 1996. Respectfully submitted, I ~ 0 4 C'1 .".. .. ~> t.~:> - 20 j , . w-: " ~; :x: ....J>-" U:i c- 0\- - " 0 :;.-u ...~ N :-4, -..- u.. \:J ~::--- '-;.0' C/l 0 - .::r 0'1 r;/l1~~- , I I I , I If, , " It ) ~ ."', Dale Sanderson Attorney for Hunters Run Development Company DS:bs - -, :) ,.,..,........,' .' ,",:."',, ';;,/';:', , 0" " . "",,' ....,"..', r .-i:::"::,' 4 i~;';~' 'il~ 1.1; I{\~t~ ,;\1' ~11'. , ' ,"' ,........,-'", \ " '-. , 'IS 1/-' ...., '-\0, ...' 10', c- -l''''.'.'~j , '0'" " ." :-;" " ",,',.:..' .', ---.-------- '."".n,_m~ , f1 , ~ .; ... .-'.,:.:' ,'.'. " ;~ , . ';;,.. , ( ~h c \ ~ i. ! :r I , I II i I - , I I I I ~'i I.' lid .,., , ..ro " 1';, .- .' "'~t>I': ,I,.. , ,.'., ",,' , ~:: . " , "~,...., . ';', ',. . .~ : ,:,,' , "'., ',. :', ,', '; ~ " , , _ ..__ .".,__.,.~_.."~~,.............",-,-,,f..~_i:-""'="4,,,,.,,,,"'..c."";"""'<:\"~"'d"'".....,. ,.,.~~._ .__._.~ n ,__,__~,~,~,_~_,,"""_'"._"" ",oS;" ,....,.,'u"' ~-,',,,,,,,:;," ""~""_,,""" ~,~_. , ~S'I, r' ',r.;, , ,oi~ .) , ( r , P. Q.. D. RESOLUTION N'O. 93-66 RESOLUTION EXTENDING THE EXPIRATION DATE FOR THE AMENDED PRELIMINARY PLAT OF HUNTERS RUN SUBDIVISION, PARTS EIGHT AND NINE. WHEREAS. on May 3, 1988, the City Council approved the amended preliminary plat for Hunters Run Subdivision, Parts Four through Nine; and WHEREAS, Section 32.30 of the Code of Ordinances of the City of Iowa City. Iowa, permits the City Council to extend the expiration date of preliminary plats upon written request of the subdivider; and WHEREAS, the City Council has received a written request to extend the expiration date of the amended preliminary plat of Hunters Run Subdivision, Parts Eight and Nine; and WHEREAS, no additional regulations pertinent to this development have been adopted since the City Council approved the amended preliminary plat in 1988. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The expiration date of the amended preliminary plat of Hunters Run Subdivision, Parts Eight and Nine, is hereby extended to November 3, 1994. It was moved by Horowitz and seconded by adopted, and upon roll call there were: McDonald the Resolution be AYES: NAYS: ABSENT: x X X X Ambrisco Courtney Horowitz Kubby Larson McDonald Novick y x X j , Passed and approved this 30th day of March , 1993. ~ Approyed by ATTEST: ~~~) .J(. ~~ CITY LERK ppdodninlhunl"..... ,/;l1C;3 --.....w.' .~.""'_""~ . ~' 1 ',O,"","')..,,'..,,'..!~.","'.. ~-" ~:.:.';:~:'.. . . l t" I o .J' 10, '~\ : 111 ~ .! ,'/ " ;it.!H i lJ11\li;"., '\~,';'i' '; ,l.l~'" ~.; :j}"'ri11 , ,',~ f " )Wlt, . ".\,,' , , ~"'!I'" ;, . .,\,'!I' I" , ',I"~ " 'J;f' J' ':., ': I:~"'~'" , ~'51j\1 ,~1 :.:,~';hW!,' ,'If,fllll,~""" .. ,tJ~i "I <i!~l~ j" ~:\liJ ' 'l,: ' I"" 'ii,'.' " 'i.t:.:'O' i' ,,)' , , ,', , ' ,/ . ~~. " . '." , , ' 1'. , ,," ',' ~ '. ",', ,;""'.',~"_;"',,,_.,i,"',,'. " ",' ,',- ~,' '. : ' :' , :., ' " -- ' ." '. _ _.....~~........_............_..;..M.,; _'.~'~..;..~, ';'''', "\':'~~;~M~:; ", ~,;.' "" "" " ...".' ",.' .' . ," ' ':',..'".::., ',',.:' "',,1' . , ,.'.'.".:..., FOLLOWING IS -+ ~ ~ E BEST DOCUMENT AV. t " - t - - .' - ! I II It ~,~ 1 .. , .."' ~'t,'I: ~: l ,; , .' o :"'1',-', ' "I( ,": ;"":":::\":',:~?!:~',o':r:';:'I~.':;:,:';,,:: -._-- -- - f'!\ \;:jJ ,I' '," ., " I, ... ,1.~:i1(l?! /'.--'" ( \ ..\ C-'."l I \\ \.' i. , '" "'j , :0;....., i1'~ : I ' , I'. I ',i I , , I" 1 ! I, I, ii 1 , , I ,( ! ,I ; I , I ~I,d ~'" -~ !i<"'j' , i,(:?I'lf' I,:,~\~l:~~, ~;jii~' 1,.",( I , 1-.-.-"-..- ,(---; ., .. . '~t ;.\!,', ~ ., ..' . ;.' - r __'. Iowa l,iLi,lOWa ...' I ! ~ ~ (~ " -....-. _..._~ ,~ ~) ~$Sl 0 ~O r.. "J , -- " '.,~:.... ., ,'., , ' r r 'j , ' '" '. .,':: -"...,'.-,,' " """'t.. . >~\~t.;I' , .. .',.'.. ",,' " ~ ; ... ,- '.;:..,'" . , .! "'~." 1" . ,~,..__..-,.I.,_ ..,,:,,:.:,,_,_ .~:._ :~_:'j~: ~:'{ _ ,:"_,n ..__..:.'~_,.,..";,-::"".",,,,; ;~:':~.;'~~~~:':::~~.i~,:::~:j_j.;;;.';~;.'::':.;LI~";:-;::;'~;:':;(~,,~:!.~~,,:~c:. .' " .',\.:.C, ".., ',:',,~ ;i' .S.',:, .'.-.)::.c~'_'",:,'u.,;,;',"::~~",',:-",,_;.,';.. _:,;';_,~i RESOLUTION NO. n.IJ -/iJ 1f11/~Y r (pO. " RESOLUTION ST A TINGTHE CITY'S COMMITMENT TO PROVIDE A NORTH ACCESS TO THE SOUTH WASTEWATER TREATMENT PLANT SITE AND TO RESTRICT THE USE OF NURSERY LANE. WHEREAS, The City of Iowa City, Iowa and Johnson County, Iowa entered into a Conditional Zoning Agreement for the South Wastewater Treatment Plant Site ("Site"l on April 5, 1988; and , , WHEREAS, The Conditional Zoning Agreement contained conditions assuring that Iowa City would construct a north access road to the site, and that access to the site would be limited to the existing south access road and the new north access road, except for emergency situations; and WHEREAS, the Conditional Zoning Agreement also provided an opportunity for the County to review and comment on any modifications of park plans for the site; and WHEREAS, the City of Iowa City has annexed the South Wastewater Treatment Plant Site and has zoned the property P, Public, making the Conditional Zoning Agreement null and void; and WHEREAS, the City of Iowa City desires to reaffirm the commitments made in the Conditional Zoning Agreement regarding access to the Site and County review of park plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City shall, when feasible, construct a north access road to the South Wastewater Treatment Plant Site. 2. Access to the South Wastewater Treatment Plant site shall be limited to the Existing south access road and the new north access road, except for emergency situations. 3. Use of Nursery Lane shall be restricted to emergency circumstances, and will not be open for general public use. 4. The City shall provide Johnson County with the opportunity to review and comment on any plans for the development of a park on the South Wastewater Treatment Plant Site. M Passed and approved this day of ,1994. I I ; 1 i I II b I" l,~..i ~"I..--' , " /: , , "", ';J '. MAYOR ATTEST: CITY CLERK APpr~ved ~ n, At"'""" OffiC~/,.f7 ~ 1 f'l ppdadmlnlplantacc.res ~sr~ (" -"" - '~ 0 , , ' , ............_-------,-- -' -- .....,.- - ),",'-..""... 0', Ii::' " ,,', ::" :,'i~': ','" , _,t",-, .' "'[-'" , '" t..,"" .. ...' I [t. ;-'1" ,~~:, iI".',' , , ~().. ,,( \~ \ \ ~ I ' I I II i I I, , I ! I i i II~i, d II '} (--~ .' . ,'..', . .. , . ':;';.t,i.\~, :,.;, ~.' ..:, ", RESOLUTION NO. ".' 1, I I I -: I 1 ".'1 " R SOLUTION STATING THE CITY'S COMMITMENT TO PROVIDE A RTH ACCESS TO THE SOUTH WASTEWATER TREATMENT PLA T SITE AND TO RESTRICT THE USE OF NURSERY LANE. WHEREAS, The City f Iowa City, Iowa and Johnson County, Iowa entered int a Conditional Zoning Agreement for he South Wastewater Treatment Plant site on April , 1988; and WHEREAS, The Conditio al Zoning Agreement contained conditions ass ring that Iowa City would construct a north a cess road to the site, and that access to th site would be limited to the existing south acce s road and the new north access road except for emergency situations; and WHEREAS, the City of Iowa Ci has annexed the South Waste ater Treatment Plant site and has zoned the property P, Public making the Conditional Zoni Agreement null and void; and WHEREAS, the City of Iowa City sires to reaffirm the co mitments made in the Conditional Zoning Agreement regarding provi 'on of a north acce road and limiting access to the site to the existing south access road nd the new nor access road, except for emergency situations. r I I NOW, THEREFORE, BE IT RESOLVED IOWA, THAT: Y COUNCIL OF THE CITY OF IOWA CITY, Q) 1. The City of Iowa City shall, when fe sible, construct a north access road to the South Wastewater Treatment Plant site 2. Access to the South Wastew er Trea ent Plant site shall be limited to the Existing south access road and the n w north a cess road, except for emergency situations Passed and approved this ATTEST: CITY CLER ppdadmlnlplantacc.r day of MAYOR '. - ~: L~~_ ,1994. '-:ll ~o )"'. ", , \.', \,1", .!. q.<H'f , ' aS8~~:\ ' ~ "I' "'"-~"\".,''''---''''_.-'''','l'-,-''' ,!"',' " ,',"""",' 0 ",',',' ""it.. ' ,',' fI>' ,..', ,v ,/ , ",-" ~,~;' ",'~' _.,..,Ii;. \~. / ", '---~ .. ."......,.....- r. r~\' ~ <l " ,i ,'~~ ~l ( f l,J, , i! , I ' " I ~ I;; 'I 'I II ! I II I, I ~:( ! ' II Jl (\./ ; \'...~ (" //,., l i: ': .', , .. -. '~t:~; , ,\1',1 ..",. - '" . ',' , " '.~.,.. . '," m~d RESOLUTION NO. 94-334 RESOLUTION AUTHORIZING EXPENDITURE IN THE AMOUNT OF $50.000 FROM THE GENERAL FUND CONTINGENCY ACCOUNT FOR THE PURPOSE OF COMPLETING ntE SCHEMATIC DESIGN AND COST ESTIMATING PHASE OF AN EXPANSION AND RENOVATION PROJECT PLANNED FOR THE IOWA CITY PUBLIC LIBRARY WHEREAS, a written building program developed with the consultant recommends adding space to the current library building; and WHEREAS, the Library Board desires to proceed with the next phase of a building renovation and expansion project; and WHEREAS, funding for this project was part of the FY95 budget request, and the contract between the Library Board and the architect has been approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Funds in the amount of $50,000 from the General Fund contingency account be allocated to complete schematic design and cost estimating phase of an expansion and renovation project for the Iowa City Public Library. Passed and approved this 2'ith day of Ortnhpr ,1994. , ATTEST; '?7~~ .J! -IdwJ CITY ERK &0'~HA?;~ ,MAYOR APpro~ed bY~ *ner' Offi" r!/;Jt It was moved by '1'hrnIT'"nrtnn and seconded by Il:aker adopted, and upon roll ca there were: the Resolution be AYES: NAYS: ABSENT: x Baker Horowitz 11 Kubby Lehman Novick Pigott Throgmorton 11 x X X X I,blodmlnllibdoson,ro. - ,- -~~~- -- 21:,03 ,) , ":';;;:~:";:",'C:.,;':';;,-;;':''';'', .:-"......'.."-.., ....'.'-l'~.';....,' " .;,' \,.~,,':, '~._ ',' '.';' \' ,,>,-',' \ , " ,,' ",\I::',' . '1'-:"', '" ' '/,~ ' :::":'i::',;, >':,... ,-; ,.",' . i:~" ",,' '-,', o o '/1 ',.. ,.,;;"'," t'~l"~" ,t~j,f;: ' "',' 0, 'I,; " ! I 1 I [a [~ 1),1 ~~, f 1 r, '! ..'... ... ! " I'" ,~. ! ;~, \,j~; ('l",l , 1:''''\ 0, ,. ";.1:-' ..;"" "'''~,. ,,'" ,;J. ,Jc ... 1 ( r~ \ ....'1 r,"; I' i , , , i I , I I , I i I ! I ; I , , I i~ ~ p.~,' ~~ L : "C=' 0' , . ., ' :~ 2.b()~ I'.., ,',..., /I;., <.I. ,) \"\ ',",. ' . :'~t\'~'I, ~ . ~, ",,-,,, '. ',~' " " '..., . :: ":.... --..- --...,_.~'"_......-,.~..-.- ~ ::_,_~,~,'.;, :",~.';' ::~,: ~'L.':'.~,.-;\ I :;:.'''''. .~~~".; ....~ _.. _, ." . . .. -- AlA Document BI41CM Standard Form of Agreement Between Iowa City Public Library and Meyer, Scherer & Rockcastle, Ltd. I 992Edition THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MOD/FICA TION. AGREEMENT made as of the Fifteenth day of September in the year of Nineteen Hundred and Ninety-four. THIS CONTRACT, is made and executed, by and between the Iowa City Public Library, hereinafter called the OWNER and Meyer, Scherer & Rockcastle, Ltd" of Minneapolis, Minnesota, hereinafter called the ARCHITECT. BETWEEN Iowa City Public Ubrary 123 South Unn Iowa City, Iowa 52240 and MS&R Meyer, Scherer & Rockcastle, Ltd. 325 Second Avenue North Minneapolis. Minnesota 55401-/60 I Telephone: 612-375-0336 Fax: 6/2-342-22/6 For the following Project: Renovation, remodeling. and addition to tile existing Iowa City Public Ubrary. The extent of the work shall be detennined in a pre-schematic design. discovery and costing phase. Once the scope has been agreed. this Agreement shall be amended accordingly. Iowa City Public Library. MS&R Agreement B141CM .1992 Modified Page 1 ~A' -- .-. ~~1:':- '-~ ," ),...,,-.:,:,' -,'::"', , ." o ,..' '. Q ~ I D, ~ '-"1 t,. ' .s~.t: , " .'~~ 'I... .,.. I " " .r~' r-' \ \J,~ K~, ! \ I i ' ~ " .: f"j .. , ,'. ,\ :',' :;,.t~ '/; : .~ ',~ " ... .',,: , l '. .. .,.-_...;..".......,,,.,~:....,:,~:.'..:.-,.._~..~;:~..__, __~..~:~';.. ...~'-,l;,~.;;_'... ~I:...::':,\,'~'~!~...:"..;""""..;L'..' ,,,_ ",_"_' , . TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE I 2.1.1 The Architect's Basic Services consist ARCHITECT'S RESPONSIBILITIES of diose described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural. mechanical and electrical engineering services. 1.1 ARCHITECTS SERVICES " 2,2 SCHEMATIC DESIGN PHASE 1.1.1 The Architect's services consist of those services perfonned by the Architect, Architect's employees and Architect' consultants as enumerated in Articles 2 and 3 of this Agreement and an other services included in Article 12. 1.1.2 The Architect's services shall be provided in conjunction with the services of a Construction Manager as described in the edition of AlA Document Beo ItCM, Standard Form of Agreement Between Owner and Construction Manager. current as of the date of this Agreement. 1.1.3 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care an the orderly progress of the Work. The Architect shall submit for the Owner's approval and the Construction Manager's information a schedule for the pelformance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's and Construction Manager's review and for approval of submissions by authorities having jurisdiction over the Project, Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2,2.1 The Architect s,hall review the program, schedule an construction budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall review with the Owner and Construction Manager proposed site use and improvements; selection of materials, building systems and equipment; and methods of Project delivery. 2.2,3 The Architect shall review with the Owner and Construction Manager alternative approaches to design and construction of the Project. 2,2.4 Based on the mutually agreed upon program and the Project budget requirements, and as required by the Construction Management Plan, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. ' 2,2,5 At intervals appropriate to the progress of the Schematic Design Phase and mutually agreeable to the Owner, Construction Manager and Architect, the Architect shall provide schematic design studies for the Owner's review and the Construction Manager's information. 2,2,6 In the further development of the drawings and specifications during this and subsequent phases of design, the Architect shall be entitled to assume the accuracy of the estimates of Construction Cost which are to be provided by the Construction Manager under Iowa City Public Library - MS&R Agreement B141CM -1992 Modified Page 2 ',g " .~ '.'u v,,, . 'u "---- ';)y\, 0 " 0 , ' ,', ----......- ,.. '. .. -,-.._.._..,"'".....'''~.,~." . I \ i' Si~. .h"\'",, , , ~ . -, :: ~ ," . __'__'_"""-'-",0''''''::'';': ,!..:,'-,...J.."_,,._,.__.,....-... ..,'-". . \- . ,- the Construction Manager's Agreement with the Owner. 2,2.7 Upon completion of the Schematic Design Phase, the Architect shall provide drawings, outline specifications and other documents for the Owner's approval and the Construction Manager's information. 2,3 DESIGN DEVELOPMENT PHASE 2.3, I Based on the approved Schematic Design Document and any adjustments authorized by the Owner in the program, and as required by the Construction Management Plan or Estimate of Construction Cost as prepared by the Construction Manager. eomtrtI~the Architect shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval. The Design Development Documents shall be based upon data and estimates prepared by the Construction Manager and shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. " .~~ r \ \ 2.3.2 At intervals mutually agreeable to the Owner, Construction Manager and Architect, the Architect shall provide drawings and other documents which depict the current status of design development for the Owner's review and the Construction Manager's information. ~ " I 2.3,3 Upon completion of the Design Development Phase the Architect shall provide drawings, outline specifications and other documents for the Owner's approval and the Construction Manager's information, i Ir I , I I; , I 2.4 CONSTRUCTION DOCUMENTS PHASE , , ~ : 2.4.1 Based on the approved Design Development Documents and any further adjustments authorized by the Owner in the scope or quality of the Project or in the construction budget, the Architect, utilizing data and estimates prepared by the Construction Manager, shall prepare, for approval by the , ~, l[ ~" OJ '.~"',',;;, ~~ ~ .'\, (I .!" Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project 2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and Architect, the Architect shall provide Drawings and Specifications for the Owner's and the Construction Manager's review. 2.4.3 Upon completion of the Construction Documents Phase, the Architect shall provide Construction Documents for the Owner's approval and the Construction Manager's information. 2.4.4 The Architect shall assist the Owner and Construction Manager in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contracts, and the forms of Agreement between the Owner and tile Contractors, The Architect shall assist the Construction Manager in issuing bidding documents to bidders and conducting pre.bid conferences with prospective bidders, The Architect, with the assistance of the Construction Manager, shall respond to questions from bidders, and shall issue addenda. o 2.4.5 The Architect shall assist the Owner and Construction Manager in connection with 'the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project nJ 2.4.6 The Architect shall be responsible for identifying State of Iowa and City of Iowa City, Iowa governmental bodies having jurisdiction to approve the design of the Project. Consistent with professional skill and care and in accordance with the standards of its profession, the Architect shall be responsible to see that the documents and services furnished by the Architect conform to the laws, regulations and other legal requirements applicable at the time they are furnished. 2.5 BIDDING OR NEGOTIATION PHASE 2,5.1 The Architect, following the Owner's approval of the Construction Documents and of the Construction Manager's latest estimate of Iowa City Public Library - MS&R Agreement B141CM -1992 Modilied Page 3 ,(_~~_- -- -""'<I _: ~F , ), 0 . - ....;" l.fcD :3 1/) ,,10, ~'l~ia ;"'j .. '. '"t''' ....w,,' . ~ .. .. ''-:' " " ~I '. . _._. ...:-~.".__..." ",~.,,,,' ~ .'c'...._,_._-,..;'",:.-..\..' r ._.::"~ h,'.,o;".-d; ._'~::;".!.~ :-.01..,. '.: .iJ;<"_,,~,..~,, ..... ...., . ',. ," Construction Cost, shall assist the Construction Manager in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.5.2 The Architect or an approved designee shall participate in and attend pre.bid conferences and pre-construction conferences, 2.6 CONSTRUCTION PHASE (ADMINISTRATION OF THE CONSTRUCTION CONTRACT) 2,6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commence with the award of the Contract for construction and terminate at the earlier of the issuance to the Owner of the final Project Certificate for Payment or 60 days after the date of Substantial Completion of the Work. 2.6.2 The Architect shall provide administration of the Contract for construction in cooperation with the Construction Manager as set forth below and in the edition of AlA Document A20IlCM, General Conditions of the Contract for Construction, Construction Manager.Adviser Edition, current as of the date of this Agreement. I ( \ -:.:: ( \ 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractors and the Construction Manager, which consent shall not be unreasonably withheld. ?:'l ','7 ij" I Ii i I I I' i I I I I! 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (I) during construction until final payment to the Contractors is due, and (2) as a Additional Service at the Owner's direction from time to time during the correction period described in the Contracts for Construction, The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. ~ i I 'l ~..~ '1 2.6.5 The Architect shall visit the site at Intervals appropriate to the stage of construction, but not less than twice per month \,; l ~", ~':; , !' or 113 o!l-,elwi3e agreed by the Owner and Arehiteet in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. However. the Architect shall not be required to make exhaustive or continuous on.site inspections to check the quality or quantity of the Work. On the basis of on.site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work. and shall endeavor to guard the Owner against defects and deficiencies in the Work. (More extensive site representation may be agreed as an Additional Service. as described in Paragraph 3.2,) 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. since these are the Contractors' responsibility under the Contracts for Construction, The Architect shall not be responsible for the Contractors' schedules or failu re to carry out the Work in accordance with the Contract Documents. The Architect shall not be responsible for the performance by the Construction Manager of the services required by the Construction Manager's agreement with the Owner. The Architect shall not have control over or charge of acts or omissions of the Contractors, Subcontractors, or their. agents or employees. or of any other persons performing services or portions of the Work, 2,6,7 The Architect shall at all times have access to the Work wherever it is in preparation or progress, 2.6.8 Communications by and with the Architect's consultants shall be through the Architect. 2.6. 9 Ba3~n-the-Arehitffi!s-e"'el'VtltioM and-evaltta!ien-e~!t'aeteM-Applietltien fer-Paymell!;-the-ArehiteeHh1tll-revlew-1lnd eertify-the-llmoun~ue-tlle-t'e!peetive Ecntl'lleteN: Page 4 Iowa City Public Library - MS&R Agreement B141CM -1992 Modified L~~_ -- - nj ),'.,; -~ ' , ' " - o f" . IQ , , !; l~D3 I . ~ []'" .' J::., , . , ~ ...,t , , ,:TJm~ ~ " '0\ r I \ (r I- I , I I I ! I , , I , i 'r' I'{" , " ~ ~. .'J rl/. ," ,< I:! I,: ~, , '-- ',. " rj . , '.~t\'1 . ',\'\ " , , f" . ',-..-1" give rise to a duty or responsibility of the Architect to the Construction Manager, Contractors, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. 2.6.11 The Architect shall review and approve or take other appropriate action upon Contractors' submittals such as Shop Drawings, Product Data and Samples. but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Contractors' Work or in construction by the Owner's own forces, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents, The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 10 I I !~ I ~ ~ , ". , :: \.'___C''-':;,:,_...., 2.6.12 The Architect shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Construction Manager for the Owner's approval and execution In accordance wit the Contract Documents, '~ 2.6,9.1 The Arehi~r payment shall constiMf: a representation to the Owner, b~ed on the Architect's observations llHhe site ~ pre\1dccl in Subpftl'llgf'llph 2.6.5, on the reeemmendations of the Conmuetion Manager 1\I\d on the dlltll comprbing the Contl'llctorJ' Applications for Payment, tIlat, te the best of the Architect's knowledge, infermatien-aftd belief. the \^lork has pt'egt'C55f:d to the point indicated end the qttelit;y of the "Verk is in accordance with tile Contract Documents. The foregoing representations arc subject t-o en-evaluation of the Work fer conformftl\l:e '(lith the Contreel: Documents upen Substantial fempIetion;-te re5tllts ef subsequent tem and inspeetiens, te minor deviations from tile G:ontl'llct Doeumena eerreetabJc prior te completion and t-o speetfie qualifications exprcssed by tile Architect. The issttenee of a Certificate for Payment shall further comtitute a rcpresentation t11at the fentracter is entitleHo pa)'ment in the amount eertified: 2.6.9.2 The issuance of a Certificate fer Payment shall not be a representation that the Arehitect h~ (I) made exhausti',e or eeminuous on site inspections to cheek the quality or qlllltlti~f the Work, (2) reviewed eenstf'tH:tion mean!, rnethods. techniques; ffijtli!nees or proccdurES. (3) rcviewed copies ef requisitions received frem-5ttbcontractors and material supplierHftli-otheHata-requested by tile Owner to substalltillte-the-{;entl'lletor's right t-o payment or (1) ascertai~ .L .. wha~ptI~ r' . " ey prevmy-paid on acceun~Hhe-GeMraet Sum, 2,6, I 0 The Architect shall have authority, after' notification to the Construction Manager, to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated. installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall 2,6.12.1 The Architect shall be the interpreter of the requirements of the Contract Iowa City Public Library. MS&R Agreement B141CM .1992 Modified Page 5 ,~ o , , 2ko 3 I , ,I;. ,....J ,,) 10, o <;,:~';:t?J."I.J . ,,'~. -,.', . ',' " ~ ,,- , \ .;; ,,~ i r , I I I \ ! I \ 1 I ."~ '(--0 '1 , , . .' r i " .. . '~t~ I' "I ,,", ". :: .,._..__." "_'",""l.f'"~';"_,_",~,,,,,,,, ..'._ Documents, except for Division I. General Conditions of the Construction. Therefore. the Architect shall review and take other appropriate action on written requests prepared by the Construction Manager for interpretation and decisions in matters relating to the drawings. specifications and other design related information for which the Architect is responsible. The Architect shall review the same and issue in writing approp.riate clarifications, interpretations and decisions, The Architect shall not be liable for the result of any interpretation or decision rendered in good faith is such capacity [as interpreter of the Contract Documents]. 2,6.13 The Architect may authorize minor changes in Work not involving an adjustment in a Contract Sum or an extension of a Contract Time which are not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order issued through the Construction Manager. 2,6.14 The Construction Manager. Arehi!eet, assisted by the Architect Conltruetion Manager, shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, The Architect shall forward to the Owner warranties and similar submittals required by the Contract Documents which have been received from the Construction Manager. The ArehiteeHhalHsstte-a-final Project Certifieate--fer Pnymenr-tlp6n eomplianee-witft-the-requi~ts of the Eena-aet Doeumen~ 2.6.15 The Architect shall assist in interpreting and deciding matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor, The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon, 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or In the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful '.... \ . ;'".,l.~...':.. ......._/, performance by both Owner and Contractors, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith, 2.6.17 The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2,6.18 The Architect, if requested by the Owner. shall render written decisions within reasonable time on all ciaims, disputes or other matters in question between the Owner and Contractors relating to the execution or progress of the Work as provided in the Contract Documents. 2.6.19 The Arehitect'3 deebionl on daiml, dilpute3 or etl'.eHmlU-ers;-inelttding the3e in que3tion betY/een the-Gwner and Contractor,; exeept for tho3e relating te ae3theti~ pro,tided in Sullpllragraph 2.6.17, 3hall be l\tbjeet to arbitration lIS pro'/ided in-this Agreement ancHn the Contract Deeumems-: ARTICLE J ADDITIONAL SERVICES 3.1 GENERAL 3.1, I The services described in this Article 3 are not inciuded in Basic Services unless so identified in Articie 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. Iowa City Public Library - MS&R Agreement B141CM -1992 Modified , 'W ~. - -- - Page 6 -__r 0.),:' "'\T'- -::'" -- f" - 0, . " 2~{) ~ I/~ ' 10, .'i~~iril' ',' ./ l .~'.:. C -'I \ I \; r::;,' ~,., , , , ' I ' ! I ioI 'I , I, I I i i , I I , : j , I ! r-J ,~"",-y.", ~,...... , ,( ", \r~I,,'i -~)'~, ~rJ:,,' i~ Il,l, " ,.,-'\ fC~~_~~, " .. . ',",' : . .~ t \ . j '1.. , , ."'" :~ '~. , .. _ .._.. ,"" ,.'.~.... .._,"...__:"I,~__ ..~",.. ".__ _..~._'.._ .~,..L..,"~ "-,~ ..." . '''-~.-"....~-_.'j.... .''--:-': '. ." 3.1.2 Services required because of negligence on the part of the Architect or circumstances Yillbin the control of the Architect shall be provided at no additional cost to the Owner, 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6,5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2,2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be , compensated therefor as agreed by the Owner and Architect The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AlA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the observations by such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making reVISions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revIsions made necessary by adjustments in the Owner's program or Project budget; .2 requested by the Owner because the Construction Manager's estimate of Construction Cost exceeds the Owner's budget, except where such excess is due to changes initiated by the Architect In scope, capacities of basic systems, or the kinds and quality of materials, finishes or equipment; .3 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .4 due to changes required as a result of the Owner' failure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, changes in size,' quality, complexity, the Owner's or Construction Manager's schedule, or the method of bidding or negotiating and contracting for construction. except for services required under Subparagraph 5,2.3. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives, provided such Change Orders and Construction Change Directives are not a result of the Architect's failure to perform the services consistent with professional skill and care and in accordance with the standards of the profession, Reasonable assumptions made concerning known and unknown existing conditions of the building shall not be construed to be a failure to perform by the Architect, 3.3.4 Providing services in connection with evaluating substitutions proposed by Contractors and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom, 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 3.3,6 Providing services made necessary by the termination or default of the Construction Manager or a Contractor, by major defects or deficiencies in the Work of a Contractor, or by failure of performance of either the Owner or a Contract for Construction. Iowa City Public Library - MS&R Agreement B141CM .1992 Modified = ~- - ..... Page 7 o ']:; . . f" 2bb3> I 'j ~ .j ~ I I I ~ , f ~! " Ill, JiiUi:..t"J ,r J ....\ \ \ ~ r:~:~1 -, I I , 1 ' I i , , I:"" I '(I I,. I' ; I \\ ~~ "'v.f: "~.. .~" ~~~, l_- t;: 0 ',, ,- .' , . '., " "., \,~'i'. . ~', - ,...', '~.., 3.3.7 Providing services in evaluating an extensive number of claims submitted by a Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing. arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding. negotiation or construction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. 3.4,2 Providing financial feasibility or other special studies, 3.4.3 Providing evaluations or prospective sites. planning surveys, site comparative studies of 3.4.4 Providing special surveys, environmental studies and submissions which are not normally required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to thoroughly investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. ,'~' '\ . 3.4.9 Providing services in connection with the work of separate consultants retained by the Owner. 3.4.10 Providing estimates of Construction Cost 3.4.11 Providing detailed quantity surveys or inventories of material and equipment 3.4.12 Providing analyses of owning and operating costs. 3.1.13 Providing interier design and ether similar sel"lim required fe~n--eenneetien with the selection, proeurement er ins1811atien of furniture. furnishings and related eqttipment; 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked.up prints, drawings and other data furnished by Contractors. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing. preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Project Certificate for Payment, or in the absence of final Project Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. 3.4.19 Providing services of consultants fOl' other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. Iowa City Public Library. M5&R Agreement B141CM .1992 Modified - r _ 'T -~.- _:~ Page 8 I' ~~'J,i" f" '. D I I 2bo3 I '1>51 ~O, ,T~"lli-Jj " ~ 1 \ ~ r I I ; f:~ , , i: I , , , I \1" "J . "I ti~,' ( (["--0 \ , .. . '...' "\\('" . , -. :~ " 3.4.21 Making changes to the Documents required as a result of updating or amending the Construction Management Plan as provided for in Article '2.3. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule. constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems, and site requirements, 4,2 The Owner shall establish and update an overall budget for the Project based on consultation with the Construction Manager and the Architect, which shall include the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner shall retain a construction manager to administer the Project. The Construction Manager's services, duties and responsibilities will be as described in the edition of AlA Document B8D ItCM, Standard Form of Agreement Between Owner and Construction Manager, current as of the date of this Agreement. The Terms and Conditions of the Agreement between Owner and Construction Manager shall be furnished to the Architect and shall not be modified without written consent of the Architect, which consent .',' , ~ ] I I \ f" . shall not be unreasonably withheld. The Architect shall not be responsible for actions taken by the Construction Manager. 4.6 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include. as applicable. grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; right.of-way, restrictions. easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade. including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.7 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests. evaluations of hazardous materials. and ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. o I I! ~ t'l ~ ~ 4.7.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Architect. 4,8 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.9 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Application for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. Iowa City Public Library. MS&R Agreement B141CM ~ 1992 Modified - - --"'~' .,' Page 9 - _u~ 0:.) 2lo0?> ~ ' 1/ ~ . ~ [J ., ,y;~ , , '. :',~~ \, I' '-j,\ . ,'.,~ .. . ""t' '-, .',".... . :~ . - .,.-....."",,~,,' '-.""-'~"'~''-',..-.._"., ,,~"''' 4.10 The services, infonnation, surveys and reports required by Paragraphs 4,6 through 4,9 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.11 Prompt written notice shall be given by the Owner to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, 4.12 The proposed language of certificates or certification requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution, The Owner shall not request certifications that would require knowledge or services beyond the scope of this Agreement 4.13 The Owner shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect's services and Work of the Contractors. ~ c.l \ ,~ ':-'?" i i I 4.14 The Owner shall furnish the Architect copies of written communications with the Construction Manager and Contractors necessal:Y for the orderly process of the Architect's services and understanding-.Qf project requirements, scope and budget ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION . 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified the Architect , ~\ , I':' i i , I , \ S{lj "!if 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractors' overhead and profit In addition, a reasonable \,,:','1'," ;:', "'1' fi1',' :'" '-' " I~' ~ ..',.~ ~,.. <>',.'.. _0'. r . ". ' .. ". allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction, Construction Cost shall also include a portion of the compensation of the Construction Manager and Construction Manager's consultants. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants. the costs of the land. rights.of-way, financing or other costs which are the responsibility of the Owner as provided in Paragraphs 4.1 through 4.4 and 4.6 through 4.14. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 The Architect's review of the Owner's Project budget and of preliminary estimates of Construction Cost or detailed estimates of Constru ction Cost prepared by the Construction Manager is solely for the Architect's guidance in the Architect's preparation of the Construction Documents. Accordingly. the Architect cannot and does not warrant the accuracy of the estimates of the Construction Manager, or warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation reviewed by the Architect 5,2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement 5,2.3 In the event that the Construction Manager's estimate or the lowest bona fide bid or negotiated proposal received by the Owner exceeds the Owner's budget for reason other than those described in Paragraph 3.3, the modification of Contract Documents shall be the limit of the Architect's responsibility. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced, Iowa City Public Library - MS&R Agreement B141CM -1992 Modified (-~ .-< '- - w - ~- Page 10 . ,oJ} f - f" 2kD3 'I '} t../ ,\\ \.", b ~, ~ I I \ ,', ~o, .,,-,?.Jj( ",'-'.~,- . " c '. d I .1 ; I 1 , I : I I' I, ~( ''>f ,,1 ',t/l,' ~;. I" ~ ,; \' [' :., .. .' r, , .' . 'i(, ' '\\1:, . ., '-. ,:: ...___ ...._, .",',,.,~ ...-,"O'."~'_'_""'_T~'_;"~ ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6, I The Drawings. Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection With the Project is not to be construed as publication in derogation of the Architect's reserved rights. 6.3 Any reuse. other than by the Architect. of the Contract Documents and CAD files without a written Agreement with the Architect for the specified purpose intended shall require the Owner to indemnify and hold harmless from any claim, expense. cost of liability, including the cost of defense and reasonable attorney's fees, arising out of or relating to any future copying or use of the Documents bv or on behalf of the Owner. ARTICLE 7 DISPUTE RESOLUTION ARBFFRMIGN ftI ClaiJm;-di'ptlfeHlHltfleH\'l1lt-teN-in qtlllStlorrbetween-the-parties-re-thi~reement , arising Otlt of or relating to this-Agl'eement or brcaeh thereef ,hall be 3tlbject to and decided by arbit;ratien in aeeerdanee with the Con3truecillfl Ind~stry Arbitratien Rules of the Ameriean f,rbi~rrentIy-in clfeet tlnlm the partie3 mut~ally agree otherwise. 7.2 Demand fer arbitration 3hall be filed in writing with th7 other-p~ and-with the Ameriean ^rb~"iation: Memand fer arbitration shall be made-within;! _able time after the claim, disptlte or other matter in q~estion has arilen, In no event shall the demand fer arbitration be made ~hen-ifl5tit~tien ef legal or eqttilablc proeeeding3 based on s~eh claim; disp~te or other matter in q~estion we~ld be barred by thc applicable 3taMe of limitations. 7.3 No arbitratien ari3ing e~t ef or relating t'fl thil Agreement 3hall incl~de, by eemel~r-er in any other manner, alTildtlitional per,on or entity net a part). to this ~ent, exeept by written consent eontaining a specific reference to this Agreement signed by the Owner, Arehiteet, and any-e~ti~ht te be joined: r______ -- __L' . . I' """.' ~tratlon mve't'm~uutttenm persen or enti!)'-5ha1l not eonstit-ttfe-eensent-te areitration of any-elai~isptJte or other matter itMjlfllStion not described in the written consent or-with a pmon or entity not named-er deseribed-thereirr.-=Fhe-foregoi~He arbitrate-ilnrl-other agreements to arbit;rato with-lln-additional person or---entitY-IMy eoll3en~rties-te-tflis-Agreetmnt ,hilll be 3peciftelll~foreeable-itHleeord1lnee wlth-applieable law in-any eo~rt having: jtlrisdietJon.thereof: 7.1 The-award-rendered-by-the-1trbit;rator oHrbitratol'Hhilll-be-/inal,and-jtldgment-may be-entered-ttporr-iHn-aeeord1lnee-with applieable-law-itHlny-eotlrHlaving-jtlrisdietion thereof: 7.1 All claims. disputes and other matters in question between the Owner and the Architect arisin~ out of, or relating to. this Agreement shall be settled in a judicial forum. p.rovided such claim. dispute or other matter in question cannot be settled by direct discussion Iowa City Public Library. MS&R Agreement B141CM -1992 Modified o ,.- - -, ~._. - -- Page 11 f" . Q i , ! " 2.bb3 1.,1' " " o ),""",u," ',"', ,',", ,10, ,I~~!J \' i ~ , .,~~;.\I.: " .:: , ,........ '. or non-binding mediation prior to le~1 proceedings, ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8, I This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination, 8,2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension, When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. i ) (" 8.3 This Agreement may be terminated by the Owner upon not less than ~ fourteen days' written notice to the Architect irHhe cI'cnt that thc Projee( is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice, \. 8,4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination, 11 , I Ii I 8,5 If the Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the ,suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. . ~ i i , , \l, "j ~ \ 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination. together with Reimbursable Expenses then due and all Termination Expenses as dclined in Paragraph 8.7. 8.7 T crmitlatian Expenses are in nddiaen to compensation fer Bask and Additienal Serlkes, and include expenses whkh are directly aa:ribu!able to terminatien; +ermination [xpe~haIl be eomputcd as a percentnge of the total compensation fer Basic Serlkes and Additional Serl'iecs earned t&-the time of terminatiol'" as f~ .1 Twenty percent of the total compensation for Bask and Additional Sm'iees earned to date if termination occurs beforc or dllfing the predcsign, site analysis, or Schematic gesign Phases; or .2 Ten percent of the total compensation ~tional Serl'iceJ earned to date if termination occurs during the .Dcsign geveIopment Phase; or .3 Fi'le pereetlE-ef the totlll-eempematien fer-Basie-an-Mtliaena!-5erviees-ellt'lled to datc jf-termination occurs duriRgiHubseqtleflt phase. ARTICLE 9 MISCEllANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be governed by the law of the place where the Project is located, 9,2 Terms in this Agreement shall have the same meaning as those in the edition of AlA Document A201/CM, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of the date of this Agreement. 9,3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued in accordance with the laws of Iowa. and-the applieablHtatlit-es-ef-limi!at1oM-Shall-eommenee t_rt-neHater-than-either-the-da~f &ubstilntial-Gempletlon-foHets-or-fallureMO Iowa City Public Library. MS&R Agreement B141CM -1992 Modified, :Co'~ ~ 11'1l Page 12 ,.. , 10 ~ I\~ ~ 'A tl I,,~ ~~~ ~~ r: I' ~ I LbD3 I;,.S 10> r~ _ o__J ~ft .........,..'., . ~ ,~~ [', c"'\ \J. " ~ ;,\\T"IC~') I . I ' ;. I ~" ! l) '1 ., " J,: I'" '".'."'j..' t:-~ ,. li~t. I"'rf.' , -- ~ , , "'t' , .'W:, ~ . ".' . , ,',1 ..... . :~ . , .u._.~..,,_'\c'..';".,'., ._.'... ..t..,...,._ .....:,.".__.........,_<"...,.' 1 net occurring prior to Substantial Cempletion, or-thc date ef issuance of the final Project Certificate for Payment for act3 er failures to aet-eecHrring after SHb:!t8ntial Complctiefl; 9.4 The Owner and Architect waive all rights against each other and against the Construction Manager, Contractors, and the consultants, agents and employees of any of them for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA Document A201/CM, General Conditions of the Contract for Construction, Construction Manager- Adviser Edition, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their Construction Manager, Contractors, consultants, agents, and persons or entities awarded separate contracts administered under the Owner's own forces, 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other, 9.6 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of third party against either the Owner or Architect. 9.S Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, Including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9,9 The Architect shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Architect's promotions and professional materials, The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promotional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10, I DIRECT PERSONNEL EXPENSE 10,1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taXes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions 10,2 REIMBURSABLE EXPENSES 10,2,1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants in the interest of the Project, as identified in the following Clauses. 10.2,1, I Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 10,2.1.2 Expense of reproductions, express deliveries, electronic transmissions and handling of Specifications and other documents, postage, facsimile Drawings, Iowa City Public Library - MS&R Agreement B141CM .1992 Modified Page 13 \C_G ..., .. - .-r - )> 0 ~---~ ' " ~- ,.. L~D3 I " r~ ..\~ ,,.~ \ ~ I I ~ !' ~ I , ~ ' 10, ~,,~,:~\\,,::';:: ;, ~'li',' >i .!<~,,:..;J,:,.'':' ,- ~'. '"', C' \ ~ r~ I I , ,. I R) I" I '.\ " , ,.; ,".:J ITo > '" ~ ;. ..,:jL~"':._~l:..;~i;i:~.:..,,~.~~~~.~~L.~'~,~.;.;.,.,;",,-,~~~~~~'..~~'1;;;';.:;;.~..~:._.~~...,"~,_,,_,~,,;,,~_,,~ . I 0,2.1.3, If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates and due to circumstances beyond the control of the Architect. 10,2,1.4 Expense of renderings, models and mock-ups requested by the Owner. 10,2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants and attached as Exhibit D. I g,2.1 ,6 Expense of EOl'llputcr aided deJign and dl'llfting cqllipment-time when used in . . L h P . eenneetlon ',','I~, tI e rOj cct. 10,3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Pal'agraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3,3 If and to the extent that the time initially established in Subparagraph 11,5, I of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11,3.2, 10.3,4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (I) the lowest bon fide bids or negotiated proposals, or (2) if no such bids or proposals are received, the most recent estimate of Construction Cost prepared by the Construction Manager for such portions of the Project. lOA PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 1004,1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of service rendered or expenses incurred. 10,5 PAYMENTS WITHHELD 10,5,1 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found liable, 10,6 ARCHITECTS RECORDS ACCOUNTING 10,6, I Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the'basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. Iowa City Public Library - MS&R Agreement B141CM -1992 Modified I __" "T ~ \: -c .......,.,'. .' Page 14 .,...,..'.,',............' ""-_.Ci'iY O/")J""...;'i(,,,') 3l ./1 >\ ,., .'" , , .. '_..._,_M':"'; '-;, .. Q. ..;' . .1 , '.. .:. .......,..,..."',,. 2loc?& ......_..,....M-.:'.J,.!'''.T....;~'-:'':. .' "5 .' .' ". ."li' .~ ,. 10, ., ,.' .'.'.,,, ,F1~' .. , (' I r '1, \ \ ~ if , I~ I , I II , I i , I . I , , f; ~ l~ '. "'j ~ , ~. ~t ,'. \! . " '; , -, :,' . -,"...'~" ,...",' '''-'-. . ,""_'~"H_"""-"~'_"~' ....~... ,,,. ,,,..,._...,.-_-,~'_C'; . ,.' ' ,; '__L'_"_."', _,~ '., ARTICLE I) BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 No INITIAL PAYMENT shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2, I FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: For Construction: Nine Percent (9%) of the Estimate of Construction Cost, including contingendes for design and construction as prepared during the Pre-Schematic Design Phase. A~er completion of the Pre-schematic Design Phase by the Architect and completion of the initial Construction Cost Estimate by the Construction Manager as approved by the Board of Trustees, the Architect's Fee for Bosic SelVices shall be calculated at 9% of the Estimate Cost of Construction, and that figure shall be fixed as a sum not-to-exceed, The sum not-to-exceed shall be approved by Resolution of the Board of Trustees of the Library. For Interior Design: Twelve Percent (/2%) of the fair market value offumishings whether new ar reused, 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: Schematic Design Phase: "'.....................................,...."'.....seventeen percent ,..,............"'.........................( 17%) Design Development Phase: ,.."'.............................,...."'...twenty.five percent ..,.................,....,......,.........(25%) Construction Documents Phase:........,....................."'....,forty percent ........"'..............,.........................,..(40%) Bidding or Negotiation Phase:...................."'....................three percent ..................,................,......"'..........(3%) Construction Phase: "'....,"'...........................,....................,. fifteen percent "'..................."'..........................( 15%) Total Basic Compensation:,..,..................................."'.......one hundred percent ..,..,....,....,..........,.."'... ( 100%) The Owner has authorized the maximum payment of $50,000 in Professional fees to the Arcllitect for completion of the Pre-schematic Design Phase. This sum does not include reimbursable expenses, The Library wiil pay the reimbursable expenses in the Pre-Schematic Design Pllase from its non-operating budget (undesignated) funds, The balance of the Schematic Design Fees in excess of the $50,000 as calculated by the progress payments chart in Article /1,2.2 shall be payable as part of the Design Development Phase of Basic SelVices, 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3,1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be computed on an hourly basis, 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as descl'ibed in Articles 3 and 12, other than (I) Additional Project Representation, as described in Paragraph 3,2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed on an hourly basis, Hourly rates are shown in Article 12.12. Iowa City Public Library. MS&R Agreement B141CM -1992 Modified Page 15 C'- , " 0 "". ,- "''oW ~~.--- ], o -" f" " ~ ~ <<) .i ~. ~ " 2.~3 I '1,0:" .'~ .... '. ~ "i' i '. k:,; ,,~', 1:;' C~. ". \t ,~ :) . ?'''' ~ " . '.:," t""i::. .,'.,'..'.,...." -. ,'~,' . <:~t\-\I;" ,. ~, ,', 'I . I .'" ';'-.' ,".' I .. '~.,.. ;." "c " . . .',."< " ..., . . ." ~_.~~"~~~L:~;~i~,.:,,,~~~;~L.~.:G.:,:;...,:;::~J.~.,'~~>~~.1.'~':;~:~~':;.;..,;;"....;";~.;;;,~~.~..,v_.__~_ ~..._~_.~.~: 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4,19 or identified in Article 12 as part of Additional Services, a multiple of ( 1.1) times the amounts billed to the Architect for such services, 1104 REIMBURSABLE EXPENSES 1104.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of (1.0) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. Reimbursable expense~ will not exceed $90,000,00 as enumerated in Exhibit A attached. 1104.2 Reimbursable expenses for the Pre-Schematic Design Phase will be paid by the Iowa City Public Libral:Y Board. , 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within (40) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraph 10.3.3 and 11.3.2. 1/.5.2 Payments are due and payable thirty (30) days from the date of the Architect's invoice, Amount unpaid forty-five (45) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. Twelve Percent (12%). 11,5,3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. Iowa City Public Library - MS&R Agreement B141CM .1992 Modified Page 16 o '..,.,\,........w....... ,...,. .':' , ,}:,':::;,-.::,:':" \ , ~. " , ,. '. _' ('.r. . ......_._---,-~~...-. i :' : ,I' . 2(,b3 "T"~': RO' ~,.,) , I ../, ;~i " ~,,',..:,., "c.' "" .... "~ ( ..:~ ,..-.., \ \ , \ \ " ~ :~(~. II' I ~ I ~ I I I , i ~ . (t., I ~ " ),f,;~:~,', ff"I..,. -' i"i' " '.',. '~f .' '. ." \~i,'. , .......' ... ~ , ,,~, ',,', , '.,." . ~. .; ,"' ,..__.___._..._......'....1.:.....,-',...'0.-. __._ . _ __.." .___,,,,,',_,,,.r..'-''l'.',~_'''.JC''',C_''''''~v,_,. .... ~._ .M. ____u ,_. __...,..,..._.....,.','.... '_'"" .-' '.' ,.,,,.,_'_', ..... ," 'C.,' " " ARTICLE 12 OTHER CONDITIONS OR SERVICES 12.1 The Architect shall procure and maintain General Uability insurance at its own expense for protection against claims under Worker's Compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any or all employees or of any person other than such employees and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom, all in the amounts and in the form provided and attached hereto as Exhibit D, The Architect shall maintain and purchase from a third party such insurance ar equivalent insurance and keep it in force throughout the Project and the one year period a~er Final Completion. In the event that the Owner requires insurance differing from that so attached, then Owner shall reimburse the Architect thereto. 12.2 The Architect shall procure and maintain professional liability insurance, at its own expense, far protection from cloims arising out of the performance of professional services caused by a negligent error, omission or act for Wllidl tile Arcllitect is legally liable; such liability insurance will provide coverage in such amounts, with such deductible provisions and for a one year period of time a~er Final Completion and attached hereto as Exhibit D. Provided that it is reasonably available, the Architect shall maintain and purchase from a third party such insurance or equivalent insurance and keep it in force throughout tile Project. In the event that the Owner requires insurance differing from that so attached, then Owner shall reimburse the Architect thereto. 12.3 It is recognized that as the Project progresses and its documentation becomes more definitive, various aspects of the Construction Management Plan (including the Owner's requirements, Master Schedule, Project and Management Information System) may be revised and refined a~er consultation between the Owner, Canstruction manager and Architect and those revisions will be incorporated into the Construction Management Plan by formal amendments as appropriate, 12.4 If any portion of the Agreement is held a,s a matter of law to be unenforceable, the remainder of this Agreement shall be enforceable without such provisions, 12,5 Indemnification for Pollution Disclaimer In consideration of the unavailability of professional liability insurance from services relating to or arising out of or associated in any way with the actual, alleged or threatened discharge, dispersal, release or escape of pollutants or any governmental or regulatory directive or request for testing, monitoring, clean up, removal, containment, treatmen~ detoxift or neutralize pollutants, it is expressly agreed between the Owner and Architect that the Owner shall indemnifY and hold harmless the Architect, its consultants, agents, and employees from and against all claims, Including claims of employees of the Owner, any Contractor and Subcontractors, damages, losses and expenses, direct and indirect, or consequential damages, including but not li;rlited to fees and charges of attorneys, court costs, and the costs relating to arbitration fees, and costs relating to government or regulatory directives or requests arising out of or related in any way to "pollution" by any party involved with the project and regardless of whet/IeI' the claims or damages are based on Contract, tort, Including negligence, strict liability, warranty, or otherwise, "Pollutants" is defined as any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke vapor, soot, fumes, acids, alkalis, chemicals, and waste. Iowa Ciiy Public Library. MS&R Agreement B141CM -1992'Modified Page 17 "'. --:-":"" . ~ _.d:>... ','~,~),:;; c, -'. " 0 '. , ~~ " --.,~ - I) I. . 2C:,03 " j" , , t: /. \-) '10, " " .;' ',>,'-. :"~~\\:I~~".: . .;1: , .~. , '~ " .:;,1, ., ';, :,1,"" .. ...._--._~_.,,-"".......~...~'-'-...--.. , 'I" , ~ . , . ".. __. _...~,.'~'"''''''''':':'.:~,.I::''':::'''''~''~''_~'M'o .... ...,_,_ .... .__ _. 12,11.2 To discriminate against any individualin tenns, conditions, or privileges of employment because of their race, color religion, sex, national origin, disobility, age, marital status, or sexual orientation. 12,12 Meyer, Scherer & Rockcastle, Ltd, Hourly Rates for 1995 CatefoQ' Prindpol Architea Supervisory Architea Registered Architea Intern Architea Student Intern Architea Interior Designer CADD Manager CADD T echnidon Admin-Word Processing Billing Rate $122.25 $ 84,00 $ 66.50 $ 52.00 $ 25.25 $ 68.75 $ 6/,00 $ 32.75 $ 36.75 Range $49,00 $32.50 $30.50 $61.00 This Agreement entered into as of the day and year first written above. OWNER Stephen Greenleaf, President Iowa City Public Library Board ofT rustees Funding in the amount of $50,000 for architect's fees incurred in Pre-Schematic Design are approved by Council Resolution No. 94-334. r:' (LI4lI), ~~ /(Signature) e, I I I i Susan Horowitz, Mayor Iowa City, Iowa ARCHITECT , I I I , ~ "1 , M if (I~ ~ Jeffrey A, Scherer, President Meyer, Scherer & Rockcastle, Ltd, ~~' ~~ " ( " ~vedBY . , . l~dJfdt 1/ flirt Iowa City Public Library. MS&R Agreement B141CM -1992 Modified -' ,", - r,. " '" - JIlilI ~.( 0 ~~~, Page 19 -- ',"" """ "..' . .. ::., :,,' -':~(',,' ,,,.,0,,)..:-, ~. , ;--_.~ A V '. Zf,tJ3 ""I;.), 10. " JJ11tm'I' . . " . ':,,' ::,.~t:"t: . ,h' . . .'-'. ',' , ,I'! , ,,"-,.', ,I ~ , '; . , '~-.,.. " . ,.1." '........_~...,. - . . _...._...~.~.:..:........J~,_:.....",....;....,.;._~;~,,_~::.~._~...~:,~,"';.'r.,;"-l.....:~~:_~H.__"..~ \~~ !'-'''''I''- +: 'I' " i VERSION DATED September 15, 1994 . Prepared by HI&R Architects AlA Document B 141 CM Standard Form of Agreement Between Iowa City Public library and Meyer, Scherer & Rockcastle, Ltd. 1992 Edition THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLEJlON OR MODIFICATION, AGREEMENT made as of the Fi~eenth day of September in the year of Nineteen Hundred and Ninety-four, THIS CONTRACT, is made and executed, by and between the Iowa City Public Library, hereinafter called the OWNER and Meyer, Scherer & Rockcastle, Ltd" of Minneapolis, Minnesota, hereinafter called the ARCHITECT, BETWEEN lowo City Public Ubrory 123 South Unn lowo City,lowo 52240 I ~ and [ \ MS&R Meyer. Scherer & Rockcastle, Ltd, 325 Second Avenue North Minneapolis, Minnesoto 55401-/601 Telephone: 612-375-0336 Fax: 612-342-22/6 g, i , I I , I, I ~ II .) For the following Project: Renovation, remodeling, and addition to the existing Iowa City Public Ubrary, The extent of the work shall be detelTllined In a pre-schemotic design, discovery and costing phase. Once the scope has been agreed, this Agreement shall be amended accordingly, . ,)'1' '1 ~l' ~'\ Iowa City Public Library. MS&R Agreement B141CM .1992 Modified ,oj' ~ ... .... ," .-., "c.""o:~_." _ '- ,~" '~ ,",,"': . -,.." ,.,',','),'(.,,',",. . . 'I" , . . " ;.~.v. ..,',..70 ~..','- '~'" I. ...,.-----.;." . Page 1 ~~3 ..... ~il~ ., "r ' ;/5'." ,.. I@ , ~. ~~ I ' 0, "',~.- '. .', ''I', ;;w,:ts{ , .. ..,.,.,,,>' , .' , " ' .' :i~~~'~~\i.'/ ':' " .,<1\ /__. ./ ,', " "'.; ,\.' ,;. '''''"',~",,,,,,,,-,:,,, "';1.'.. " , " . . ". , " _ ,_. ""_~,";',_.',""""",,,"~I<:,;:T"'-''',''i...<>~,,,,_.._'N,_,,,,~-,,,,,;'''''rI;J;':::::~:-";'';~';';:"",'':,,,,,,,,,,,_,_,_,,_ ~_.. . , VERSION DAlEO lepllmber 15, 1994 . Preparld by HI&R Archilltls "...: , ~ '.' l TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE I ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The ,Architect's services consist of those services performed by the Architect, Architect's employees and Architect' consultants as enumerated in Articles 2 and 3 of this Agreement and an other services included in Article 12. "-. 1,1,2 The Architect's services shall be provided in conjunction with the services of a Construction ~1anager as described in the edition of AlA Document BSO IICM, Standard Form of Agreement Between Owner and Construction Manager, current as of the date of this Agreement. ,... (~~ 'I \ ~ I" I I :r , I I r I I I I I , I. I i~\ II \1 .' 'I. 1.1.3 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care an the orderly progress of the Work. The Architect shall submit for the Owner's approval and the Construction Manager's information a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's and Construction Manager's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner, 1,1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5, I, ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2,1 DEFINITION .::.<; 2.1, I The Architect's Basic Services consist of those described in Paragraphs 2,2 through 2,6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services, 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program, schedule an construction budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2,2 The Architect shall review with the Owner and Construction Manager proposed site use and improvements; selection of materials, building systems and equipment; and methods of Project delivery, 2.2.3 The Architect shall review with the Owner and Construction Manager alternative approaches to oesign and construction of the Project. 2,204 Based on the mutually agreed upon program and the Project budget requirements, and as required by the Construction Mana~ement Plan, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components, 2.2.5 At intervals appropriate to the progress of the Schematic Design Phase and mutually agreeable to the Owner, Construction Manager and Architect, the Architect shall provide schematic design studies for the Owner's review and the Construction Manager's information, 2,2.6 In the further development of the drawings and specifications during this and subsequent phases of design, the Architect shall be entitled to assume the accuracy of the estimates of Construction Cost which are to be provided by the Construction Manager under Page 2 Iowa City Public Library - MS&R Agreement B141CM -1992 Modified :,.. ., . -.,;..----., :l"O~ '. '..''1'''....; :/.5 " ;(_~~_ ; _..,~ -- n~ --- ~_ __. =-__ i .0 , .)';:,::,,'~' ,"'i_,,<;\:'~">, ,:': - I ".) i I , I j . ~ J ~' ~, , I ;' , , " to, ,!-Q.t.!J,W-"J.." / ./~"r f. :; ,,;;:;" (" \ \~, 'I In, . :;...,.. ".( I' , I ~ i I I , I: I , I , ; I Ii J , I"~ I I ,~.; I ii'" : I ! ~ \~(' )1: ~\ , ,.,1 ~~ I; I, "r... -- :ro I, _. " j' j " .':' '. :,' " , f" . . . _ .~_' ~... .Lr..,,;,..: ..'..'..i..:.;:..."."",...'~__._,.,.~..~.__.~._..._.~~..' ._.._.,_..__..>,_,.'_J''',''.' , VERSION DAlEO leptember 15, 1994 . Prepared by H\&R Arrhilerll the Construction Manager's Agreement with the Owner. 2,2.7 Upon completion of the Schematic Design Phase, the Architect shall provide drawings, outline specifications and other documents for the Owner's approval and the Construction Manager's information. 2.3 DESIGN DEVELOPMENT PHASE 2.3,1 Based on the approved Schematic Design Document and any adjustments authorized by the Owner in the program, i!!l!I as required bv the Construction Management E!ID or Estimate of Construction Cost as prepared bv the Construction Mana~er, 'onstr~ction budg*the Architect shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval, The Design Development Documents shall be based upon data and estimates prepared by the Construction Manager and shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, 2.3.2 At intervals mutually agreeable to the Owner, Construction Manager and Architect, the Architect shall provide drawings and other documents which depict the current status of design development for the Owner's review and the Construction Manager's information, 2.3.3 Upon completion of the Design Development Phase the Architect shall provide drawings, outline specifications and other documents for the Owner's approval and the Construction Manager's information, 204 CONSTRUCTION DOCUMENTS PHASE 204, I Bascd on the approved Design Development Documents and any further adjustments authorized by the Owncr In the scope or quality of the Project or in the construction budget, the Architect, utilizing data and estimates prepared by the Construction Manager, shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 204.2 At intervals mutually agreeable to the Owner, Construction Manager and Architect, the Architect shall provide Drawings and Specifications for the Owner's and the Construction Manager's review. 204.3 Upon completion of the Construction Documents Phase, the Architect shall provide Construction Documents for the Owner's approval and the Construction Manager's information. 20404 The Architect shall assist the Owner and Construction Manager in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contracts, and the forms of Agreement between the Owner and the Contractors, The Architect shall assist the Construction Manager, in issuing bidding documents to bidders and conducting pre. bid conferences with prospective bidders, The Architect, with the assistance of the Construction Manager, shall respond to questions from bidders, and shall issue addenda, 204,5 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 204,6 The Architect shall be responsible for identifying State of Iowa and City of Iowa City, Iowa governmental bodies having jurisdiction to approve the design of the Project. Consistent with professional skill and ,care and in accordance with the standards of its profession, the Architect shall be responsible to see that the documents and services furnished by the Architect conform to the laws, regulations and other legal requirements applicable at the time they are furnished, 2,5 BIDDING OR NEGOTIATION PHASE 2,5,1 The Architect, following the Owner's approval of the Construction Documents and of the Construction Manager'~ latest estimate of --..~. Page 3 ~"O~ I j'" /S Iowa City Public Library. MS&R Agreement B141CM .1992 Modified ~ ? --. r.... If 0-], r:" " " 1 9 ~ , ~ ~ ~ i. . r; ~ ~ ~_o, . 'I ~~:J, ,. " c (' I'. "':; \ \ '\ ~' ,'~..:;... , , I' I~ , . , 1 I ~~ !'ll i ,I.a \~ . ' ~: , tl ~ ......'" "" (( -.... ' . ,'~ LO , I " ~ , , ':1\\1 " , '0.,,' '~.... I VERlIOH DAlEO lepltmbtr IS, 1994 . Prepand by M!&R Archileels Construction Cost, shall assist the Construction Manager in obtaining bids or negotiated proposals and assist in preparing contracts for construction, 2.5.2 The Architect or an approved desi~ee shall participate in and attend pre-bid conferences and pre.construction conferences, 2.6 CONSTRUCTION PHASE (ADMINISTRATION OF THE CONSTRUCTION CONTRACl) 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commence with the award of the Contract for construction and terminate at the earlier of the issuance to the Owner of the final Project Certificate for Payment or 60 days after the date of Substantial Completion of the Work, 2,6.2 The Architect shall provide administration of the Contract for construction in cooperation with the Construction Manager as set forth below and in the edition of AlA Document A20llCM, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of the date , of this Agreement. 2,6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractors and the Construction Manager, which consent shall not be unreasonably withheld, 2.6,4 The Architect shall be a representative of and shall advise and consult with the Owner (I) during construction until final payment to the Contractors is due, and (2) as a Additional Service at the Owner's direction from time to time during the correction period described in the Contracts for Construction, The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2,6,5 The Architect shall visit the site at intervals appropriate to the stage of construction, but not less than twice per month ,'..' , ,.' " __,_.._u_._"<> 01' as ethel"ll'ise agrccd by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work Is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents, However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site obsarvations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. (More extensive site representation may be agreed as an Additional Service, as described in Paragraph 3.2.) 2,6,6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and 'programs in conn action with the Work, since these are the Contractors' responsibility under the Contracts for Construction, The Architect shall not be responsible for 'the Contractors' schadules or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not be responsible for the performance by the Construction Manager of the services required by the Construction Manager's agreement with the Owner, The Architect shall not have control over or charge of acts or omissions of the Contractors, Subcontractors, or their, agents or employees, or of any other persons performing services or portions of the Work, ~ I 2,6.7 The Architect shall at all times have access to the Work wherever It Is in preparation or progress, 2,6,8 Communications by and with the Architect's consultants shall be through the Architect. 2,6.9 Based en ~1C Archltect'J ebscr.'ation, ant!-evaluat!on of tach Contractor's ;,pplieation for Payment, the Archi~haIl-:revlew-and eertify-thc amounts due the re3pective G:ontrae:tors, Iowa City Public Library. MS&R Agreement B141CM .1992 Modified "';"'''I~IJ'jl ~ ,- -- .- Page 4 ~ ~.t 0,,),',"..., ,,) ~ ',' ~(oO.3 ," . ".... , ,,,,., r"" ~~ ,I::, ,I: \....~ ; O. .;~~~~:,li i ( ~i.. , \ \ ,<' /,'( · r I i I Ii , I I .~ , I . I \" ") ""I i1 :f( , i ~ , '.~t\ " , " . . ;! VERlION DAlEO Itpl!mb!r 15, 1994 . Pupand by M\&R Archilttb 2,6.9, I The Arehiteet'J certiRc:ation fer pil)'ment shall-eemtiwte a represcntation to the O.....ner, b~td on the ,\rehiteet'J obserl'atiom at the site a3 pro\'ided in Subparagraph 2,6.S, on tI-,e reeomfficnBationJ of the Con3truction Manager and on the data eomprbing-the ContractorJ' ApplicationJ for Pa)ment, that, to the best of tI,e l\rchitoct'J knowledge, information and belicf, the Work has progrC3Jed to the point indicated and the I' f W 'AI I . . d 'L L qua Ity 0 ,0" or { IS In actor an" \'lltl, a,e Contract Documents, The foregoing repreJen!ationJ are subject to an e'laluation of the Work fer conformance with the Contraet Docun1entJ upon Sulmantial Completionote results of subsequent tcsts and inspectienr,te minor deviations from the Contract 90cuments eorreetable prior to completion and t-o specifte qualiflcations ~preJsed by the Architect. The issuance of a Certiflcate fOI Pil)'n.cnt shall further constitute a l'epresentation that the Contraetol is entitled to payment in the amount certified, 2,6.9.2 The issuance of a Certiflcate for Pil)'n ,ent shall not be a re~reJentation that tnc Areniteet hli3 (I) made exhausti...e or continuOUJ on site inspections to check the qtl1lIit)' or quantity of the Work, (2) reviewed constructiol, meanJ, methods, techniques, sequences or proeedureJ, (3) re'l'iewed cop!" of requisitlonJ reedl'ed fran, Subeentractors end material-sttpplierHnd other data requeJted by the Owner to JUbslllntiate the Contraetor's right to payment or (1) mertained how or for what purpose tI',e Contraetor has used money pre\'iousl~ paid on account of tile Con~ &um: 2,6.10 The Architect shall have authority, after notiftcation to the Construction Manager, to reject Work which does not conform to the Contract Documents, Whenever the Architect considers ic necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made In good faith either to exercise or not to exercise such authority shall " \ . give rise to a duty or responsibility of the Architect to the Construction Manager, Contractors, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. , 2,6, II The Architect shall review and approve or take other appropriate action upon Contractors' submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents, The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Contractors' Work or in construction by the Owner's own forces, while allowing sufficient time in the Architect's professional judgment to permit adequate review, Reviaw of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise speciftcally stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a speciftc item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents, 2,6,12 The Architect shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Construction Manager for the Owner's approval and execution in accordance wit the Contract Documents, 2.6.12.1 The Architect shall be the Interpreter of the requirements of the Contract Page 5 Iowa City Public Library - MS&R Agreement B141CM -1992 Modified ,.-- _ RV -- o ,~,,"oJ I :t;, ," "- ~ -~:-~ -0 J\ t" " I i i'J ! 10 ~ 'I,' " , , ti I' i" ~1 ml r ~ m ~ -, I, I i ~ [J. Ji~At~' . .-~ .....--. I,L, ,. \,\i i q;", , , , , I ., I -.-".. :(c- 0 ~ , " , ~t: \'t . . "- . ~ ,i':.. '"-" . ..... ,~,' '. ~ . __._._._. ._.. .._~,.",....~,..-.... ,.~.~,..._~..~C ,._ ..u......_,...,........',..".,. . "'''''_'_'~'''_ . VERlIOH DAlEO l!plember 15, 1994 - Pr!pared by HI&R Archilecll Documents. except for Division I. General Conditions of the Construction, Therefore, the Architect shall review and take other appropriate action on written requests prepared by the Construction Mana~er for interpretation and decisions in matters relating to the drawin~s, specifications and other desi~ related information for which the Architect is responsible. The Architect shall review the same and issue in writin~ appropriate clarifications, inter:pretations and decisions, The Architect shall not be liable for the result of any interpretation or decision rendered in eood faith is such capach;y [as interpreter of the Contract DocumentsJ, 2.6.13 The Architect may authorize minor changes in Work not involving an adjustment in a Contract Sum or an extension of a Contract TIme which are not inconsistent with the intent of the Contract Documents, Such changes shall be effected by written order issued through the Construction Manager. 2.6,14 The Construction Manager. Arehitett, assisted by the Architect Con3truetion Manager, shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Architect shall forward to the Owner warranties and similar submittals ~equired by the Contract Documents which have been received from the Construction Manager. TIle Architect Jhal~ije a final Project Certificate for Payment upon eompIiance with the reqijiremenu of-the Gontraet Docijmena: 2,6,15 The Architect shall assist in interpreting and deciding matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor, The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon, 2,6,16 Interpretations and decisions of the Architect shall be consistent with the Intent of and reasonably inferable from the Contract Documents and shall be In writing or In the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractors, shall not show partiality to either, and shall not be liable for resuits of interpretations or decisions so rendered In good faith. 2.6.17 The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2,6, IS The Architect, if requested bv the Owner, shall render written decisions within reasonable time on all claims, disputes or other matters in question between the Owner and Contractors relating to the execution or progress of the Work as provided in the Contract Documents, 2,6, 19 The Architect's decisions oJ. claims, dispijteJ or eEl-,er mattell, hle1udlng thOle In ljijestion between EI-,e Owner and Contract61'S; exeept for those rdating to aesthetic effect as pre'lided in Subparagraph U, I i, Jhall be Stlbjcct to arbitration as pro,.'ided in EI-,is Agreement and in the Contract Documents, ARTICLE 3 ' ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described In this Article 3 are not included in Basic Services' unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services, The services described under Paragraphs 3.2 and 304 shall only be provided if authorized or confirmed In writing by the Owner, If sarvices described under Contingent Additional Services in Paragraph 3,3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Paragraph 3,3 are not required, the Owner shall give prompt written notice to the Architect. If tile Owner indicates In writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services, Page 6 Iowa City Public Library. MS&R Agreement B141CM .1992 Modified ~-lIIJv r :_ - ~ -p TW ~ ".. --l ~ I I ~1 ~ ~ ~ r~ ~ ~ ~ I~ ~ " ~"03 ! ~/:~ I d, 0,) '.' .... - '.\....,: ,~..:.. \ ~~~. , . . . .); ,,- - ~_. :,.:-.., c kJ ~ '~j ~ ~ I I ~(-, "\, . ., ,. \'i . '\~' . ,0"\,: ..' :':'1, ~ , '""'t ,~. , ~. . , .' . '. :.~. ,_ o_~; ~. '-_ ~i, '.,. '.';~.:'.=. :;..~;.;.._'_ :.;.-"_h_'_....."-,.....;,~./., .,-..' ,'. -, " :l.t .;~"~. ':"....", ~,~-.;__. ... . VERSION DAlEO leplembtr 15, 1994. Prepared by H\&R Archiletls 3.1,2 Services required because of negli~ence on the part of the Architect or circumstances within the control of the Architect shall be provided at no additional cost to the Owner, 3,2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2,6,5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on.site responsibilities. 3.2,2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AlA Document B352 current as of the date of this Agreement, unless otherwise agreed, ' 3.2.3 Through the observations by such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described, elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3, I Making reVISions in Drawings, Specifications or other documents when such revisions are: ,I inconsistent with approvals or Instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; ,2 requested by the Owner because the Construction Manager's estimate of Construction Cost exceeds the Owner's budget, except where such excess Is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes or equipment; .3 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or A due to changes required as a result of the Owner' failure to render decisions in a timely manner, 3,3.2 Providing services required because of significant changes in the Project including, but not limited to, changes in size, quality, complexity, the Owner's or' Construction Manager's schedule, or the method of bidding or negotiating ,and contracting for construction, except for services required under Subparagraph 5,2.3, 3.3.3' Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives, provided such Chanfe Orders and Construction Change Directives are not a result of the Architect's failure to perform the services consistent with professional skill and care and in accordance with the standards of the profession, Reasonable assumptions made concernin~ known and unknown existing conditions of the building shall not be construed to be a failure to perform by the Architect, 3,3.4 Providing services in connection with evaluating substitutions proposed by Contractors and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3,5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 3.3,6 Providing services made necessary by the termination or default of the Construction Manager or a Contractor, by major defects or deficiencies in the Work of a Contractor, or by failure of performance of either the Owner or a, Contract for Construction, Page 7 Iowa City Public Library. MS&R Agreement B141CM .1992 Modified o - =- '= -. -0 __ j.:' .',' ~,(,O ~, 1 ,.. " '. I@ ~ , I 'I r /, ,10, ,i.:1rE1l. " " .~r'" ,( C-"\ ~ , ~ , r , II ~ I I I I , I . ! !, I~' I I ~ 'I'" ',',. "',.,' { ~1t [~ . or-Ao- " I'i " ~ , . :- ~t~ . '. _.\1" " "'" ".' -, <' " , f" ...__..",_._....._. ..._.,\."-O,;.,.."',......_....~_.___.____._..:..".,'._ ,C .><....,... "" VERSION DAlEO hpllmbu 15, 1994 - Prepared by H!&R Architecll 3.3.7 Providing services in evaluating an extensive number of claims submitted by a Contractor or others in connection with the Work. 3,3,S Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto, 3.3,9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or , construction prior to the completion of the Construction Documents Phase, 3.4 OPTIONAL ADDITIONAL SERVICES 304.1 Providing analyses of the Owner's needs and programming the requirements of the Project. 304,2 Providing financial feasibility or other special studies. 304.3 Providing evaluations or prospective sites, planning surveys, site comparative studies of 3.4.4 Providing special surveys, environmental studies and submissions which are not normally required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4,5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to thoroulhly investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner, 3.4,S Providing coordination of construction performed by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner, 304.9 Providing services in connection with the work of separate consultants retained by the Owner. 3,4, I 0 Providing estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or Inventories of material and equipment. 304,12 Providing analyses of owning and operating costs. 3.1.13 Pro't'iding intcrior dCJign and othcr similar sCl"liceJ required fer or in connection with the 3e1eeti~n, proe~rcment or InJtallation oHurnit-tlrt, furnishings and related eq~lpmcnt. 3.4.14 Providing services for planning tenant or rental spaces. 304, I 5 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 304,16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by Contractors, 3.4.17 Providing assistance in the utilization of equipment or systems such as testing; adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and con'sultation during operation, 304, IS Providing services after issuance to the Owner of the final Project Certificate for Payment, or in the absence of final Project Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included In this Agreement or not customarily furnished In accordance with generally accepted architectural practice, Iowa City Public Library. MS&R Agreement B141CM .1992 Modified Page 8 ~"o3 I' ''l " .\;' -, ~> ~- ;:r : ..'= -l',' 0", - ~ ~ ~ ~ '~ , " ~, ~,i" ~, ~ ~ I . , ~O, )~1i'tr~ X' c\\ \; n~ , I., I I , i , l , , ' , , It l i " l , (",J ~J'r 'J, :i~,' !'f'~\ ~" ~J~ ~ . 'ol." , --" (--0 -.-----.---.-.- " i .', ' '~'.,l. ~ . ,... ,~ '-. :~ VERIIOH DATED September 15, 1994 . Prepared by H!&R Architects 3.4,21 Making changes to the Documents required as a result of updating or amending the Construction Management Plan as provided for in Article 12.3, ARTICLE 4 OWNER'S RESPONSIBILITIES 4, I The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems, and site requirements. 4.2 The Owner shall establish and update an overall budget for the Project based on consultation with the Construction Manager and the Architect, which shall include the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs, 4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under'this Agreement. 4.4 The Owner shail designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4,5 The Owner shall retain a construction manager to administer the Project. The Construction Manager's services, duties and responsibilities will be as described In the edition of AlA Document BBO IICM, Standard Form of Agreement Between Owner and Construction Manager, current as of the date of this Agreement. The Terms and Conditions of the Agreement between Owner and Construction Manager shall be furnished to the Architect and shall not be modified without written consent of the Architect, which consent ~ ".' .. shall not be unreasonably withheld, The Architect shall not be responsible for actions taken by the Construction Manager. 4.6 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; right-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. Ail the information on the survey shall be referenced to a Project benchmark. 4.7 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determimitions of soil bearing values, ,percolation tests, evaluations of hazardous materials, and ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports ~nd appropriate professional recommendations, 1 D ! t (, " ~, t , r,~ \1 I 4.7.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Architect. 4,S The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, Inspections and reports required by law or the Contract Do'cuments, 4,9 The Owner shall furnish all legal, accounting and Insurance counseling services as may be necessary at any time (or the Project, including auditing services the Owner may require to verify the Contractor's Application for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner, o )" ",.9 : I ~lt,03 ~ ' iq ~,O. /~ g ,. ",' Iowa City Public Library. MS&R Agreement B141CM .1992 Modified -~ = ,;:'~'ii i; J r-' \ 0:J'" . " ,:.i~ ( i I . , I i I , I II~ i (" :-. "J '~I' :ll:, 1" lir. 'C 0 . " "j ~ , "\ . , '1\\( '.Ii " :: ...,""a.'" __.....,..,"...y '~'"-''''' VEI\lION DATED lepltmber II, 1994 - Prtpand by H\&R Archillcll 4.10 The services, information, surveys and reports required by Paragraphs 4.6 through 4,9 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4,11 Prompt written notice shall be given by the Owner to the Architect and Construction Manager if the Owner becomes aWare of any fault or defect in the Project or nonconformance with the Contract Documents, 4.12 The proposed language of certificates or certification requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. The Owner shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 4.13 The Owner shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect's services and Work of the Contractors, 4,14 The Owner shall furnish the Architect copies of written communications with the Construction Manager and Contractors necessar:y for the orderly process of the Architect's services and understandin~ of project requirements, scope and budge~ ARTICLE 5 CONSTRUCTION COST 5,1 'DEFINITION 5,1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified the Architect. 5,1,2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractors' overhead and profit. In addition, a reasonable , , f" . " ..__..n_.H.... .'..,_..."..__.__ ... allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction, Construction Cost shall also include a portion of the compensation of the Construction Manager and Construction Manager's consultants, 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other, costs which are tha responsibility of the Owner as provided in Paragraphs 4, I through 4.4 and 4,6 through 4,14. 5,2 RESPONSIBILITY FOR CONSTRUCTION COST 5,2.1 The Architect's review of the Owner's Project budget and of preliminary estimates of Construction Cost or detailed estimates of Construction Cost prepared by the Construction Manager is solely for the Architect's guidance in the Architect's preparation of the Construction Documents, Accordingiy, the Architect cannoc and does not warrant the accuracy of the estimates of the Construction Manager, or warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation reviewed by the Architect. Q, " I I I, 5,2,2 No fixed limit of Construction Cost shall be established as a condition of this Agreement. 5,2,3 In the event that the Construction Manager's estimate or the lowest bona fide bid or negotiated proposal received by the Owner exceeds the Owner's budget for reason other than those described in Paragraph 3.3, the modification of Contract Documents shall be the limit of the Architect's responsibility, The Architect shall be entitled to compensation in accordance with this Agreement for all services pellormed whether or not the Construction Phase is commenced, Iowa City Public Library. MS&R Agreement B141CM .1992 Modified Page 10 ~~03, '",.,. .' ' I .~ " ,l'l ',_ ~ : ,0 )'.,,' - vo - ~ 0'. ','. 1ft~" 'I, ~ , ....................:. J ....;;\ ( \ \J" , ,1\ ..-....')" II ~ I,; , II: II Ii If;, L llH :\~,i: , ' :ro " ~.\ ., , "f&. .L1ll! ~:'/ I' " , '..~~~\\i , " ',. ',' ~ ~ , ,\..> ' .~.., , " :~ ," . . .. _ ..:";,._ ...~._ "._:,.'. ._:, .::l'~'.L_;~_', ._:.,.:-;.~.,,~, ~;"'~"""... ,_~.~".,,~.' ~'.., .-... :",.;. ,:;.;C':"_" ;",:... .~-' _,_ VERlION DAlEO lepltmber 15, 1994 . Prepared by HI&R Arthiletls ARTICLE 6 USE OF ARCHITECT'S ORA WINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6, I The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, Including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights, 6.3 Any reuse, other than by the Architect. of the Contract Documents and CAD files without a written A~reement with the Architect for the specified purpose intended shall require the Owner to indemni~ and hold harmless from any claim, expense, cost of Iiabilil;)', Includin~ the cost of defense and reasonable attornev's fees, arisln~ out of or relatin~ to any future copying or use of the Documents bv or 0{1 behalf of the Owner. ARTICLE 7 DISPUTE RESOLUTION ARBITRAl-IGN 7, I Clai~bputC3 or othet'-l'n1ltteH-!n qtlC'tlon betlleen the parties to this AgreelTlent arbing out of or relating to lhi3 Agreement or breaeh thereof shall be Jubject te Ill',d decided by arbitration In aeeordanee wi~, tr,t fenltrueeion Industrf Arbitration Rule3 ef tr,o , ' 'b't' , " I ' I,meri'an ..I' I ration ..S30clatlon current y In elkct unlm ~le partieJ mutuall)' agree otherwise, 7,'1. Demand for arbitratien shali be R1ed in writing with-the other party to this Agreement and '''id- th' . 'b't' ,'" I " I e. I ,mCflCRn I,r I ration I ,330clatlon. A-demand fer arbitration shall be n,ade VlithilMl 'reaJonable time after the c1ain., di3pute or other matter in question haJ arben. In no e'lent shall the demand for arbitration be n,ade after the date \\hen Institution of legal or equitable proeeedingJ bll3ed on 3ucl, c1nlm, di3pute or oth:r n.atter in queJtion would be barred by the applicable 3tllltlte of Iin,i!atiol.3. 7.3 ~lo arbitration arising out of or relating' to thi3 Agreement Jhall include, by _____I:J' .. d ' L COlmmtlatlon, lOin u or In any otl,er manner, an additional perJon or entitf not a party to this Agreement, except by written eonsent , , 'R t L' con!alnlRg a, spe" e re.erenec to it,13 Agreement 3igned by tr,e Owner, Architect, and any other person or entitf sought to be joined. Con3ent to arbitration iri.'olving un additional person or entitt'hall not constiwte con3ent to arbitration of any dairr" dbpute 01' other matter in question not describetHn the written eonsent or 'lI'i~. a pmon or entity not named or Ce,eribed therein, The foregoing agreeMenHo arbitrate-and other agreement:! to arbitrate with an additional pmon or entity duly eotlSented to by the partieJ to thi3 Agreement 5haI~pedRcftUy cnforeeable in mordanee "i~. applieable law In-nny-court--lr.l'ting: juris dittien-thereof.: 7.1 The award rendered by the arbitrator' OI"1lt'bitrators shilll-be-lll\al, and judgmene-may be entered upon it in aceol'dance with applieable IIIII' in any eourt having jttffldlctlon thereof. 7, I All claims, disputes and other m3tters In question between the Owner and the , Architect arising out of, or relatln~ to, thl~ A~reement shall be settled In a judicial forum, provided such claim, dispute or other m3tter In question cannot be settled by direct discussion Page 11 Iowa City Public Library. MS&R Agreement B141CM .1992 Modified J . [l.r - -r' , ,.' .. , [ . ~ [, [, I ~ ~(,~.3, , r--"'" :':) , - ~)'" " ,,0 . ,;.' ,.,', .' K .__~"" o. ..~ ,r , \ \ ~ if Ii I~ I I I I I , I I , i , I : I, i f<' i I : I ~ \ ' '~., , \[-'0 ~ , .'~t: \" , .. . '..... \',.' . .~- :~ VERlION DATED leplemb!r 15. 1994 - Pupared by M\&R Archileels or non-binding mediation prior to leglll proceedings, ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may.be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination, 8,2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven fourteen days' written notice to the Architect in-lhe event that the Project is permanently abandoned, If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance witll this Agreement shall be considered substantial nonperformance and cause for termination. 8,5 If the Owner fails to make payment when due the Architect for services and expenses, the Architect may. upon seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment In full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without fUlther notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services, ,~' , ,.. , A e,6 In the evenc of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with RcimburJable ~nm then aue and all Termination Expenses as defined in Paragraph e.7. 8.7 Termination Expenses arc in addition to compensation for Basic and Additional Serl'im, and indude Cl<penJeJ whim arc direcll)' attrib~table to termination, +ermination ExpenseJ Jhall be eomputed Il:l a ~ercentage of the total eompensation fo~ Sel"iim and Additional Sel'Vkcs earnea to !he time of termination, as follom: ' ,I Twenty percent of !he total compcnsation for Basic and Additional Smices earned to date if tcrn.ination occ~rJ before or dllfing tr.e predesign, site ana1i'3is, or Schematic Design Phases; or ,2 Ten pel'cent of the to!a1 compensation for Basic and Additional SCl"liceJ earnea to date if termination oce~rJ d~ring tr.e Design Development Phase; or r .3 Five p~reent o~tal compensatlhn for Basic an Additional Ser.'iees earnea to aate if termination occ~rJiluring;Hllb3cquent phase, ARTICLE 9 MISCELLANEOUS PROVISIONS 9, I Unless otherwise provided, this Agreement shall be governed by the law of the place where the Project is located. 9,2 Terms in this Agreement shall have the . same meaning as those in the edition of AlA Document A201/eM, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of the date of this Agreement. 9,3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued in accordance with the laws of Iowa. and tho applicable-slll!!l~imi!a~haIl commence !O-t'tlrt-MOt later tharr-either the aate-Of 5u~l-Gompletlon for act:! or fallureMo , Iowa City Public Library - MS&R Agreemelll Jl141CM .1992 Modified --- .~ -- - Page 12 0,.):, ~,,03, ~ In', ,/~. vll ",,,,,',i'fj ,. d " I I , ! : ; : ~ I ~ "'I ~' , Ij,t tr Co , I :,' .t'll.. ~ , " '." , , ...... ;~ - . . ~. , , ...... ""..,,'-'-~ " "...'.,..'_", .....,..".~.......~..'. . ......, ..,_...v_".,.... A _.'_ VERlIOH DAlEO September 15, 1994 . Prepared by H!&R Architecll act occurring prior to Subslllntinl Completion; or the date of, iS3uance of the final Project Certificate fllr Payment for acts or fail~rtJ to act occ~rring after Substantial Completion, 904 The Owner and Architect waive all rights against each other and against the Construction Manager, Contractors, and the consultants, agents and employees of any of them for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA Document A201/CM, General Conditions of the Contract for Construction, Construction Manager- Adviser Edition, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their Construction Manager, Contractors, consultants, agents, and persons or entities awarded separate contracts administered under the Owner's own forces, 9,5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the' partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 9,6 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all' prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written Instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action In favor of third party against either dIe Owner or Architect. 9,8 Unless otherwise provided In this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances, 9,9 The Architect shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Architect's promotions and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promotional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10,1 DIRECT PERSONNEL EXPENSE 10.1, I Direct Personnel Expense is defined as the direct salaries of the Archicect's personnel engaged on the Project and the portion of the cost of their' mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions 10,2 REIMBURSABLE EXPENSES 10.2,1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants in the Interest of the Project, as identified in the following Clauses. 10,2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out.of.town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 10,2,1.2 Expense of reproductions, express deliveries, electronic transmissions and handling of Specifications and other documents, postage, facsimile Drawings, Page 13 Iowa City Public Library. MS&R Agreement 11141CM .1992 Modified ...-- .. -._~T ..- r_~..... _ 0"';')\1 . 'I':'., .,.'. ~,"P.~i 'I .. t, ,.... ,..J ,.. 10 1[1 ...'"...-.. ".j_,"','., I,' ..~. ',,;~); I....., , '.. , J c~ \ ,~ .': i I I I I ~ \l \'1 ",,:',". .', ,~~ ~~ , (C- 0 -'; ~;,-:,; , .>,:.\!)'",.; ',:-'T\l'l" :.-,::'.:, ~'.~'.;f,. ,. ~ " i"...'. :". , ;;:,j ,,~ ~.." ",.:~::"j,::"",,_,,,:';,;,.;,:c""_i!."Jr~~';J~~i~,~:~,.~;.u"'~:.;:~~~ :~wS;~.Jt~~;;;:~,b,~'~..:.:::,~,~:.;;~.~,~..:.u'~"""",~,_,~.._~....:.._,:_.._.. . '-""~'_"'_.-._,.":'---_.-..'. VERlIOH DAlEO leptember II, 1994. Pnpand by H\&R Arlhiteds 10,2, I ,3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates and due to circumstances beyond the control of the Architect. 10,2.1,4 Expense of renderings, models and mock.ups requested by the Owner, 10,2,1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants and attached as Exhibit Q.. 19,2,1.6 ExpenJe of eomputer-aided design end drafting equi~lnent time \',hcn uled in . . L ~ P , COFln~eWm WIt) I t Ie. reJtct.. 1003 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3, I An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3,2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subparagraph 11,2,2. 10.3,3 If and to the extent that the time Initially established In Subparagraph 11,5, I of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during dIe additional period of time shall be computed In the manner set forth in Subparagraph 11.3,2. 10,3,4 When compensation is based on a percentage of Construction Cost and any portions 'of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph 11.2,2, based on (I) the lowest bon fide bids or negotiated proposals, or (2) if no such bids or proposals are received, the most recent estimate of Construction Cost prepared by the Construction Manager for such portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REI MBURSABLE EXPENSES 10,4,1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of service rendered or expenses incurred. 10.5 PAYMENTS WITHHELD 10,5, I No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found liable, 10.6 ARCHITECT'S RECORDS ACCOUNTING 10,6, I Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times, Iowa City Public Library. MS&R Agreement B141CM -1992 Modified Page 14 - ,I ~"03'. ",..,.....'1""" ,,' ') t.. :) ',oj .:.) "" l,..:~,.,- '0 ' .' '. " ,',,";' I,'"' . .1',',,',. '\1".' . ,'1,1 " ',:~~!f'.': '\ , ,.. ., ':', :,A.._....~,.... " 10 B .' uO ' J", " ;m:.::m' l \ ~ !'1 . . it.' , I" I ' ! . ~l:j ~J "'",','1, '1~ ? I . " " L IF"" ,,~..,O ~"o3 I /5 , .' ~ ~ , , "r . "',\'Ij , , ',:..' \ -. . :: ' "....',.",;" l.,.".,_,.,...",,, YERlIOII DAlEO Itpltmber 15, 1994. Prtpaltd by H!&R Archileds ARTICLE II BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 No INIl1AL PAYMENT shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2,1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: For General Constroction: Nine Percent (9%) o( the Estimate o( Constroction Cos~ indudingcontingendes (or , design and constroction os prepared during the Pre-Schematic Design Phose. For Interior Design: Twelve Percent (/2%) o(the (air market value o((urnishings whether new or reused. 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: Schematic Design Phase: ,,,,,......,,"'....,,,......,,"'..,,......"',,....seventeen percent "'..".."'.."....,,,.."'....,,....,,..,,( 17%) Design Development Phase: "'"......""..,,,..,,,,..,,......,,,,,"',,twenty.five percent "''''.."..'''''..,..'''........'''""..(25%) Construction Documents Phase:"".""""'..",,,,,...."',,..,,,,forty percent '''''....,..''''''''''''''....,..".."....,..,,,,,,..(40%) Bidding or Negotiation Phase:..,,,..,,,,,,,,..,,,,,,,,,,,,,,,..,,,,,,,,,three percent "..""'".."",,,.."'......,..,,"',,"'''',,,,,,,,(3%) Construction Phase:...."".."......,,,,,,,,,,,.."'..,,,,,,...."'''',,,,,,'''fifteen percent "'.."'""".."'".."'....""'''';"'''",,,,,( 15%) Total Basic Compensation:"'.."'..""'..""",.."''''",,,,..,..,....,one hundred percent ..""..",,,..,,,..,,,,,,..,,..,,, ( 100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described In Paragraph 3.2, compensation shall be computed on an hourly basis. 11.3,2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described In Articles 3 and 12, other than (I) Additional Project Representation, as described in Paragraph 3,2, and (2) services Included In Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed on an hourly basis, Hourly rates are shown in Article 12,10, 11.3,3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 304,19 or identified In Article 12 as part of Additional Services, a multiple of ( 1.1) times the amounts billed to the Architect for such services, 11.4 REIMBURSABLE EXPENSES 11.4,1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10,2, and any other items Included In Article 12 as Reimbursable Expenses, a multiple of (1.0) times the expenses Incurred by the Architect, the Architect's employees and consultants In the interest of the Project. Reimbursable expenses have been estimated to not exceed $98.020, IS as enumerated in Exhibit A attached. Iowa City Public Library. MS&R Agreement B141CM .1992 Modified Page 15 ---- :~ - "~-. -~- J . . ' o '., '." ~JJ J T~ . . ~) , .. ,.. ~Q' f' ~, I~. l ~,', I ~ " ,! ~o, . '.>.,;~.i,~... '. m:&!! ' .,.....:..:r.. """;" .:'. . "', . '~t\~l' ""'::"""'" , ' , ~ ..... ,. -. .'.".......: .-,"; ,...., ".j:' . . \ ,', . ".;' ',';' " " ..' :; : " '....' _:;.::.. ~ .:;.~~..."........."' ,,,~,,"~...,.:...~';~ ..;..:....,,~..:.. w.... ----....:-.......~-.....;..}.:.:;.;. :~:.:;:;~~~,,,J.o-;...;......'"' ~... ., ._,.....~~_..... : ..,'._~-,.~---'.. VERSION DAlEO l!plemb!1 IS, 1994 - Prepared by HI&R Ar(hil!(~ " 11.5 ADDITIONAL PROVISIONS :;~, 1 11.5,1 IF THE BASIC SERVICES covered by this Agreement have not been completed within (40) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraph 10.3.3 and 11,3,2. / 11.5.2 Payments are due and payable thirty (30 days from the date of the Architect's invoice. Amount unpaid forty-five (45) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. Twelve Percent (12%). 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. "','- ,,_. ,.l) C~.\ \t .-j (t\ I I ~. I I I II I: II I I ;~:, I l~l,:,')", . I ~ r,'~',:I'.',:','.':, W:',. , " --- Iowa City Public Library. MS&R Agreement B141CM .1992 Modified c-- ,. _. '; 0"",. , . .' '. '. . ,,'.......' .' I . . . '. ~....-..- : - J. ~-" . \:r, , '~>,)i;' :.~IUI...... .. Page 16 ',.' '. Q' '--"-'-~' . ~~03 " .. ,...\'''"'''''' " r. .., ... I'" .,.,J, '\ ~ ."'10, ,"',',: r.. ~;..;".l '.;-',.'~ ' ,- ......,...".,.;. (," r~\\ \ ~ I r I I ~ I i I 'I Ii , , I I I, IF:, ! I \,\ J ~~ p'J , ,,' ~~;:,'. A f.:. (.i ,'. , ~ '1: - ,:f . ,,- ~lo03 "" I'" ':1 '" ~' , , ~. ~.. ' ,.' f"':l: '.; ,.....:/.. ' "',I.t'I'i:'-. .c..... ..4.-',.,." '~ " ,', , ~ "''1' ;.' " . '-\-. " . ;.", ,.... . .J'" , ..-. .". ".'. .._..._._,.....,.~,_'..,\.t.~.,'n...::~..~.,":...~,_'.;.,...,....:...;..,....,..,;;.;.;..,..;,,'t..~',~:n,-"_\,.;fl..;;,,;,;,:.:('-'....".,.:-.~,___._,. _._..c....~_ ..'_. VERSION DATED lfplfmbfr 15, 1994 .Pnparld by HI&R Archiltcll ARTICLE 12 OTHER CONDITIONS OR SERVICES 12. I The Architect shall procure and maintain General Uability Insurance at its awn expense (or protection against claims under Worker's Compensation acts, claims (or damages because o( bodily Injury including personal injury, sickness or disease or death o( any or all employees or o( any person other than such employees and (rom cloims or damages because o( injury to or destruction o( property including loss o( use resuhing there~om, all in the amounts and in the (arm provided and attached hereto as Exhibit D. The Architect shall maintain and purcllase (rom a third party such insurance or equivalent insurance and keep it in (orce throughout the Project and the one year period a~er Final Completion, In the event that the Owner requires insurance differing ~om that so attached, then Owner shall reimburse the Architect thereto, 12.2 The Architect shail procure and maintain pro(essionalliability insurance, at its own expense, (or protection (rom claims arising out o( the performance o( pro(essional services caused by a negligent error, omission or act (or which the Architect is lega/~ liable; such liability insurance will provide coverage in such amounts, with such deductible provisions and (ar a one year period of time a~er Final Completion and attached hereto as Exhibit D. Provided that it is reasonab~ available, the Architect shall maintain and purchase from a third party such insurance or equivalent insurance and keep it in (orce throughout the Project. In the event that the Owner requires insurance differing (rom that so attached, then Owner shall reimburse the Architect thereto. 123 It is recognized that as the Project progresses and its documentatian becomes more definitive, various , , aspects o(the Construction Management Plan (including the Owners requirements, Master Schedule, Project and Management In(ormotion System) may be revised and refined a~er consuhation between the Owner, Construction manager and Architect and those revisions will be incorporated into the Construction Management Plan by (ormal amendments as appropriate, 12.4 I( any portion a( the Agreement Is held as a matter of/ow to be unen(orceable, the remainder o( this Agreement sholl be en(orceable without such provisions, 12.5 Indemnification (or Pollution Disclaimer In consideration of the unavailability o( pro(essionalliability insurance (ram services relating to or arising qut o( or assacloted in any way with the actual, alleged or threatened discharge, dispersal, release or escape o( pollutants or any governmental or regulatory directive or request (or testing, monitoring. clean up, removal, containment, treatment, detoxifY or neutralize pollutants, it is expressly agreed between the Owner and Architect that the Owner shall indemnifY, and hold harmless the Architect, its consultants, agents, and employees ~om and against 011 claims, including claims a( employees o( the Owner, any Contractor and Subcontractors, damages, losses and expenses, direct and Indirect, or consequential damages, Including but not limited to (ees and charges o( attorneys, court costs, and the costs relating to arbitration (ees, and costs relating to government or regulatory directives or requests arising out a( or related in any way to 'pollution' by any party involved with the project and regardless o( whether the claims or damages are based on Contract, tort, including negligence, strict liability, warranty, or otherwise. 'Pollutants' Is defined as any solid, liquid, gaseous, or thermal Irritant or contaminant, Including smoke vapor, soot, (umes, acids, alkalis, chemicals, and waste. Iowa City Public Library. MS&R Agreement B141CM .1992 Modified Page 17 ._~. ...1..........,... ~" ~.' .n _~.n " 0, j':.,".'" .. . .~,;' , : . J\;:;:'<'~"",~.' ,I"~ . o ,.. .. ~ " ID ~" , . E 10, ':' , ;~l " .' . ,~ (., C""-\' , \ \ I \, (I ~ I' I 1 ' i " II I I, : I , I I I 11'([:, I " ~ ."" 1"l ~ ~ ' , , .... . , "t: ..:" \\ I.~ ~ I'" .' ',..' , " . :? "', .,. .... n_'__' ",,,,,,,,,,,,;;,~,,,:,-,\;,;,;;;;';'('ii".r,',.;;,....~_;,~~....,".;.,,,...;;.'.~.,...'-"~ . '..:.--...-......"'....-----,." "c. ...._.._,...,,_..__._" .e.o"-- ~"o 3'~, fP"'" 'I' ," .'jl:;.! 0 '''', ..) / 'VERSION DAlEO September 15, 1994 - Prepared by MI&R Archilecll /2.6 All notices required by this agreement or ather communications to either party by the other shall be deeme9 given when in writing and deposited In the United States Mail, pm class, postage paid, addressed as (ollows: To the Owner: lowo City Public Ubrary Ms. Susan Craig, Director 123 South Unn Street Iowa City, Iowa 52240 To the Architea: Meyer, Scherer & Rackcastle, Ltd. Mr, Jeffi'ey Scherer 325 Second Avenue North Minneapolis, Minnesota 55401-/60 f Existing Site Discloimer 12.7 Inasmuch as a new building requires that certain assumptions be made regarding existing building or site conditions, and because some,o( these assumptions cannot be veriped without expending greot sums o( additional money, or destroying otherwise adequate or selViceable portions o( the site, the Owner agrees tha~ except (or negligence on the part o( the Design Pro(essional, the Owner wiil hold hormless and indemnifY the Design Pro(essional (rom and against any and all claims, damoges, awards, and costs o( defense arising out o( or reloting to claims arising (rom existing building conditions or existing subsurface conditions. The Owner spedpcally agrees that pro(essional (ees (or work assodated with reasonable unforeseen existing building or subsurface conditions shojI be an additional selVice. 12,8 Contract Changes TIle parties hereto may fi'om time to time require changes In the scope o( selVices and the time o( performance as set (orth herein, Such changes, including any increase or decrease in the amount o( compensation to the Architect, which are mutually ogreed upon by and between the parties hereto, shall be incorporoted as written amendments to this contract. Any claim by the Architect (or an adjustment under this clouse must be, asserted within IS days (rom the date o( receipt by the Architect of the notipcatlon o( change. However, the Owner may receive and act upon any such claim asserted at ony time prior to pnal payment under this contract. 12.9 The Owner and the Architect mutually agree, to the (ullest extent permitted by law, to indemnifY and hold each other harmless fi'am any and all damage, liability or cost (including reasonable attorney's (ees and casts o( defense) arising (rom their own (ault and negligent acts, errars, or omissions in the perfarmance of their selVices under this Agreemen~ to the extent that each party is responsible (or such damages and losses on a comparative basis offault 12, / 0 The Owner shall cause the CM and each Contractor, to the (ullest extent permitted by law, to indemnift and hold harmless the Architect fi'am any and all damage, liability or cast (including reasonable attorney's (ees and casts o( defense) arising (rom their own (auh and negligent acts, errors, ar omissions in the performance o( their selVlces, to the extent that they are responsible for such damages and losses on a comparative basis o((au/t 12.11 The Architect shall not commit any o( the (ollowing employment practices and agrees ta prohibit the (ollowing practices in any subcontracts: 12.1 1./ To discharge or refuse ta hire any Individual because of their race, color, religion, sex, national origin, disability, age, marital stati/s, or sexual orientation. Iowa City Public Library - MS&R Agreement B141CM .1992 Modified Page 18 :~:~.- ~- -- ___~o.J':J"'" ,.. " .. , t ~ .f ... ," . ":-:"':1 I, .~C . , ':,:..:.: ,~Ij , " -,,'... "",..' ..... ..,',' .:-:!\\,..'- .' ,....... ....<, . ". ~ ',.',.. ','. " "..:.' , , " , .'.', , \ :i'_:, " '..,.,'. "! ' i .. . '~ '" ..' .! ,- .; ,:',.. .~_.:..^~_~~~:~~'I-,~J.~L~;~~-~~:C._.~'-..:l-i..;;:2,~..~~1~""~.,~~'.;~,i.:~.,~<.,,_.. ~.,_. .~.~__~. ",__ , ' VERlIOH DAlEO September 15, 1994 . Prepand by H\&R Arlhitects 12.11.2 To discriminote ogoinst ony individuol in terms, conditions,' or privileges of employment because of their race, color religion, sex, national origin, disability, age, marital status, or sexual orientation, This Agreement entered Into as of the day and year first written .above. OWNER (Signature) Susan Craig, Director ARCHITECT (Signature) Jeffrey A Scherer, President r~ .o~, '.I C\ \\. __'3 ~~ City Attorney's Office ;' 10 1,(1; 9'1 Iowa City Public Library. MS&R Agreement B141CM .1992 Modified , :(['-~ .... - '2:L"'_ ,',', )'.""'..:::,.1,.'."......". .',,<.',0.,',..;),\,,\' .: \ .........- I, . .'.. ...,/{~.'_'-,,::"-;, ,:.' , ' Page 19 ,.. . :,. A' ..____.' I ,I' , ~"0.3 r"'" ." 'j r.: ,"" ,.:.) I D; .m:WJ1":1: ~. , J ",.-c"", \\ \ ~ Ii ~ , , I ~~. I I" I, , I , I '\ \,~'",? ~ ' ,. I ;,il.~," i:r" , !-t, -" C"" , 0 '.' ' .;-....-..- \' i ~ " ". ,--'II),.!'! . ", , "-.., ,.' . " :.\ . .. ......1... '-. ."..'"...-,:.,,,...._o.~'~'..__,_....'-._.. _ _",_,,,:~,"_"'_ ,,,'... '.". '.' ..c\.<.".." ,,_. -__, _ ,_.__..,_._..__'h._n_A.,.....".." CURRENT STATUS OF LIBRARY BUILDING EXPANSION PLANS 4/26/94 t1ttJ(; /}'YlkWW ;4Mvt ~~ 56 8 !?1 NEED Growth - The community has grown larger and faster than was expected. The population the library serves is beyond that planned for this building. Use of the library has exploded: 100% more cardholders, 120% more annual checkouts, 30% more annual visits, 56% more questions answered than during the year 1981-82 when the building opened. There is a larger staff; larger collections; decreased space for seating; diminished aisle space making it difficult for disabled to negotiate; lack of storage space for equipment, forms, publications, seasonal materials. Changing technology - Dominance of the computer and the need to provide connections with other information agencies impacts every aspect - wiring, furniture design, space for new and older formats, training facilities for public and staff, space equipped to utilize the ICN, etc. ADA - Aisles need to be up to 12" wider, some shelving units need to be lowered, space for special equipment to allow equal access to electronic sources. PRELIMINARY EXPANSION PLAN Add 7200 square feet on second floor, add a third floor (24,000) not all of which will be programmed for use during this expansion, and possibly gain some space by expanding the footprint of the building on the east or south. The third floor expansion requires the reinforcing of most of the columns and footings. It is the current plan to keep the library open most of the time during the construction period. Consultant Smith, in his Space Needs Study of June 1993 (summary attached), notes that the present building was downsized during planning and the full amount of 51,5000 square feet (vs. 47,000 actual) was designed to serve a population of 70,000 (City/County). The estimated service population was 77,000 in 1990 and could grow to 93,000 by 2010. -V'-' - . - ,_~,~~~~~ .'. 0', ').': ~~~ I' 'I:;, .,,~ ,,) - ~ I r I I " I ~ I '. , ~O. ':" ,', , ,~ 'p :, ,-,{~i:,... : "", ' " .:~r\\'l' " , .~. , , ,': . .'; ~ , .~..,. .;, . .'::', '" " .. .. - ...._.'-"~...;... ,..,....." .,,'-"';"co""".,.. ~''-'...~.... .,.--.._~~_ ._.___......._' .~".." :-,,-......, '''"' ,,--, .._....._.~_ " '. ,,,, ..", -, -- -..-.... ~- PLANNING TEAM, The Facilities Planning Committee (FPC) is made up of three Board members, Steve Greenleaf, Charles Traw and Anne Hargrave - and four staff members, Lolly Eggers, Susan Craig, Debb Green and Carol Spaziani. Consultant Smith and Architect Scherer have been working this spring with staff members with regular reports back to the full FPC. Ii , , ACTION TAKEN TO DATE FY93 David Smith, Consulting Librarian, selected and his Space Needs Study accepted by the Board in June 1993. FY94 Smith retained to prepare the written building program. He recommends selecting the architect at this stage because of the complexities of expansion versus all-new construction. '-"" r"'~ ~~ "~ c\\ ",.':A ,~\ ( I' I : I ' 'I' ~, I I I Architect selection process completed and the firm of Meyer, Scherer and Rockcastle of Minneapolis chosen by FPC in December, 1993. Architect Jeff Scherer chosen for his understanding of and experience with technology in libraries. Scherer will doing some very simple ' schematic drawings to test the premises of the written program. FPC hired CPMI (Iowa City/Des Moines), a construction management firm, to assist them with this complex construction project. They will join the IIteamll at the Schematic Design stage. Their emphasis on value engineering and their skill at estimating costs, scheduling and bidding can mean considerable savings. The Building Program to be reviewed by the FPC and recommended to the Library Board in June 1994. TENTATIVE PLAN FOR FY95 AND BEYOND (See attached Timeline) Fall 1994 Begin schematic design phase as soon as new Director can turn attention to it, and prepare cost estimates. Fall 1994 - April 1995 Develop plans and strategies for referendum ,to approve purchase of bonds to fund the expansion. Seek City Council approval to hold referendum. _..-'\.:; ,.('- 0 "S. . __..__.~_~~_~~~ = _.,~~ ,.,.l,.,..,r.,.." .... .1<,':'.. -' -.,,;.(,:-.'. ..- ,00 ;,,"',0, -. .,.. " ...._A__...__-'-_...'}A. ..' ~~3 , I"..,".' ", .', r.: ~' '''"'\ ' ..., .,.J 10, .~r~f', "~ .,', . .,' ....~"~.~.,,..~. ..~.... , , "'. . ~ " .,-;-,....-- ( " ~ ( , 1 \., ...i ""." . (T '\~:" II, ' ,i:, . ~, " : I :1 11- ; ~. .;L_~~__" :'....1,,' r'.',! ", "':':'~t;\'I'i . , -, . ".' ',' " ,_.., ..-.......~:.j , ",'; I , , I "1.' ~ _ "._,.:..i::....:-,~~,;..~~~~....;..,__'~...'.~~2~,,~.:,....;;..L,...:~"'.u,~~~~,~..,___._.__.____.~..._.~_,~~..~;.:...~..:...~a:._..;....;.;.~...,.,.,:: ":. , . 1'. ,.. "., May . Oct 1995 July 1995 June 1996 June 1996 . Oct 1997 Oct 1997 - March 1998 '*I1UIl "~' - , - Hold Referendum Design development, construction documents, pidding and pid award Construction Occupy all new areas and hold'formal dedication , ,,~:: ,:j,:',.:,'" ,- : :',' =l(,O! 1"-'- ,:,r.;, , I;.J i ~'., .... '0, .' "..' , " " r :~:, " ' ;...;....,~ ..c.'_ If . ( J r.......,. \ \ ,.;:.I rr ~ I i I. , I I , . , . , I[ r: l ;o,d 'J ~,!;~I'" r[~l, '[ r-- :; ~- " \'; . ..... . ',:t,: ,.,t" ".. , <. ~ , ~ . '..."'f, . _ ,~~'.;,.'.,....' .__ ..:': .;..i~:.:.~;..;.;.;:I"""'~"""''';_'''',''""~''N~'''''",,,c,;.:~' ,L_' ~'-' """ ".<.. ,: ..;_,:,~...~_;~:_._.. __ 10-25-1994 04:32PM FROM LYNCH,GREENLEAF & MICHAEL TO 3565009 P,0J _ ...-,.----.-....-..,...'- \1 . olAfT YELWII DAlID Odllbll1l. 1994 .1UpRIl brllllfl Arllit<<ll ARTICLE II BASIS OF COMPIlNSATION The Owner mil ~ tile ArchIted:~ follaws 11.1 No INIT1AL PAYMaff shall be IlIIde upal exe<:llllon of !his Jweem.m and crecf1ted to d1e Owner's IU.'llllUnt 'at final p:l)'llWlll. 111 SASlCCOMPB>lSATlON 11,2.1 FOR BASIC SiIWICES, as tIe.u:ribed in Ardde 2, and any clhlll' sa'licel incllJded In Mid. 12 as pzrt af I!a* Servlc:fs. lhsIC Compemadon ~I be oornputed lIS (oIow.l: For C!l1tt1lI ConswaIon: NIne Penmt (9%) of The fstimme ofCoomudm lMt !n<WIlg tcnIlnpIdes f<< dC!izn and ~ 41 p~ /AIring file p~* ~ Ph4re. Afltr l%I/IlfIJ<<lon (the Pro- ~ ~ PI1ase by the Ard1itM aOO IlltnpklJM 4' 1M Wl/q/ CanIIluaion Co.rt &moole by 1M Cons/tlIaim Mtmoget <II opprt:t.'t4 by The Board or1~ The ~ fu: for Ilmic Senica shall be ~jQwllit ~aft'la ~Cort rff=:r~, and /hcl~!ItaS ~fCtedllS o!!JJII n~, The ~ 1lO~ !haII1HI1J/IPfMd by RedltIon ofrlte Iloatd ofT~ of tho /J/lrqry. For InIetiot~: Twdre Pr=nt (/2X.) o(1he r.. /llQr/te.!1'lIiIe O(~ whtt/!erw or reu~. Illl Wilet'e aIIlIJlUlS31lOn II basOII on a Sllpubted lUII1 or pemntII&\l of ~ Colt, prosress payments far ~~ Sel'lices in ~ pbase chalIllltallh. foil<rfM:& ~ /If the tol2I Buk: Compwallon pIoyable: Sd1.ernadc Oesll' Phase: I_'._'.""__,....".,.."_.~ percent _"".___..._.-{I7X) De:dgn DeYeIopfntnC ~._'_'I_""M""_Wlal'Ky..flve ~t ..,'-_.......,.._-~) Construdicrl Documents Pha.1e:__MII_"""_forty percent "~"''''-I''",,,_U>lII'''',"'--{-4O%) , Bi4d1n3 or N~on Phue:.._..___,_Ihrl:ll perant . ,~(3%l Construct1cn'~_......__....",.._.......-fifteen percrnt .._...,._,_...__(15%) ToCllI Bas~ ~laIloo:__,_.""_",,,,_onellUlll!rlll\per<ont --.--..".",( 100%) The Owner has outbonud rfJ8 marimUm MmCIIt of $50)100 111 P/'Ofml.lIlal ~ tD the ArdIitccl ror ~klIon <(lIIe /'IMchematlt: Desi&9J Pb4te. Thll sum 00ts 1IIll1ndnle ~rsable rA/JMB The roM!.\! 0( tho S<htI7ICIlk _ ~ In _ ofth. $5D,OOO or ~ by 1fIo P1llfII'JI jl/I)'mMlI' dtIm In Arl/de //.2.2 sl1DiI b. poyabJe OJ jIJIrt.,-!lIe De.tl&n IJe.odojmwntJ>/rog ~1lmJc SeMces. 11.3 COMPENSA'nON FOR ADPmONAl SERVIce; 11,3.1 FOltPROjECT RI;PRESENTATlON BEYOND BASIC SEfl,VICES, as d~ In Para"mph 3.2. ~n sha1I be coIJflUb:d 01'1 an hourly bam. 11,3,2 FOltAPOITIONA!. SERVICES OF iliE ARCHI1ECT,:IS dmQiJlld In ArtIcles 3 and 12, od.1!I' tIM (I) Ad~ Projec:t!\ep1'llSl'Jll3lion as ~ In ~ 3.2, and (2) ~ Included In ArtJde 12 lIS p4rt rA Iluk: Sorvicel, but d1l&hg sofVlW of ((IlIlU1~, mmpens:ttlon sIWI be computed en an hourly blllD. Hourly I'ICeiIll'C lllown irlArtlclb 12.10. 11.3,] Felt AOomoNAl. sEA.V1CS 01' CONSULT ANTS,lnduding adllitl<Jlp/ IlIUC:IUI"oI/, modlanlml llJld ~ IlI1gineoring MlrW.u IlI1d dmG provldd undor Subpar:lgnph 3.4.19 Of' IdMtIfIed In ArtIcle 12 u part or Addidonal Sclvlce,. MUltiple of ( 1.1) t1mC$dle amatlI\~ biie4 to !he Arct.ectfor sud! Sllf'Vlces. loW\! City Public Lihrary - MS8cll Agreemem B141CM .1.992 ModIlied P2ge ~S 10-25-1994 02: 46PM 9jS(~J:Q -- ~ _.____ .' __._, v~O ,):>: P.e2 ,.. . "71; \'i;,j ,\!~l '; L;.( ,- I~ i , -~~ .> . t o ~"o3 'I' ",10', } t.., /l .." e._.,_.-,. ,.,:'i' "!'. ,;i1mil!I ..~ J,. : ':";; "",;'i;'~"" !' ,~.,~ , ~,'.'~',., :' :.::~t\\l/ ." I , ',' . ..... " ',' ......,:' , '-, ..'. ','. .. ,; . , ., " ..:".._.~:. _:.:.. .~~, '~''''''-'"\:.I...,:~.~...:''''.:.-:':_-.:...;...~._~-':,_,;..~v...<i~C''''''L''''''.''':'___~:'''___ < c'_., "d. ~..,_.. .~__~. ..._ ' 113-25-1994 134:32PM FROM LYNCH,GREENLEAF & MICHAEL TO I .d \ \. ii i I i I II I r \ I ~ ~, 'l' ~;, p: , ,~("~,,"'" 356513139 ' P.04 __ _..,_..._.._~_.._u~_';~ TOTAL P.134 , ,~~~/3,.\".. I ' } I;. ' , '0"" Y'l. ..,) jl DUff YIlW lJIIllll 0ctDbu 2\, I"". ~ by 1M! ~<<11 11.4 REIHBURSA1lLE EXPENSES 11.4.1 fOR I\BMBURSABlE EXPENSES. as <Io=id in Paragraph 10.2, aM at1)' Cllher items Included lnMidv Ilos ~1a&pwu.amulclplaor(I,Ol dmes the elCpfIl5eS lnMrodbytho Architect, the ~I, employu! and ~ In tlIt intRr8ll; crfthe FroJect. Rlil1'lllllmh!l!J llllpl!llW WII MT. IlIll<AlMI s9O.OOO.lIO os eI\\IIn~"""'" In ExhIIit ^ lltlad.ed. 11.5 ADDmONAL !'ROVlSlONS 11.5,1 IF 1l-IE BASIC SERVICES covered by t11b Agreanent hIv6 noc been 1Xlmp1cted wilhin (.fO) mOIKluofd1e dIta herelf:du'oujl no ~tofthe ArdIitea, llXt\!IlliOn rA dleArc:hltr4s servlces b~ dlat rlme nil be ~ aJ pI'IlYitlelIlnSullplnlgnrph IOJ.3;nd 11.3.2. 11.5.7. Pa~ 2te duo llI\lI J1apble tIUrty (30 days from lIie due lIf the Ardlllm'( ilvoial. Amount 411p21~ fcrtyo/lve (045) dayuftel'the Invoice date WII bar Il\Wtiut die rD entered bclaw. or In the absencethonlof 11I:1110 I9lI'allIl ~fmm tlma 1%1 tlme It the p~ p~e of bus\neoss of me Ivdlhe<<. Twelve PerCEnt (Il~. . 11.5.3 Tha fItq$ AAd muldplellel: forth for AddJtIor,01 SeM:elli1a/I be IlI1lGIlIy aq~ In ~ wlth fllll1l;o! -.'Iy rr:,'t::w pl"'..akc: rl tile An:hltctt, [OW~ Qty Puhllc Ubtary - MS&R Agteemt;nt 8141CM -1991 ModiIled Page 16 :10-25-1994 92: 4'im !l.irt':>J:C:> :.:. . , --~~ ),..,.,"'."',, , , "0'" '.. , , " ,. . .' , , , " .,'...., """ ....' ;,,:-','. 'i::.':: 1 ;.,., P.BJ ,.' " , , ~, . . 'I 'J , , ' , , ~ ' ~, ~ t, ~. , ~ @ " . ' , , , " 'I'.I!" ,"' - r'~:t ':i' ")1 F W r' f , I I I o 'I /' - - , I I , .,. , \ I \ : \ r~ I' ft, ... 0~ Fi ::,f\h~' :(F\\.~, -,.~J,j 'j'I" " ',"'. 'i'.,. I ' , I ..,~-: ~ I C' O~_ -~- . =~'"-- - ~ '"'1 -', 0 I ~.. ,J =_ -, oJ