HomeMy WebLinkAbout1977-06-28 Resolution� C� • �?Jl. is ", , , �.
RESOLUTI0N NO. 7 7— 218
RESOLUTION AUTHORIZING E)(ECUTION OF AGREEMENT
FOR ENGINEERING/ARCHITECTURAL SERVICES WITH
ASSOCIATED ENGINEERS INC.
WMFEAS, the City of Iowa City, Iowa, has negotiated aN agreement
with Associated Engineers Inc. , a copy of said aRrreemenntt
being atta to s Resolution and s reference made a Part hexer,
and,
WHEREAS, the City Council deans it in the public interest to enter
into said agreement for design and construction supervision of all
elements of the College/Dubuque Street Pedestrian Mall. This includes
a subagreement with Sasaki Associates for landscape architectural aspects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COCINCIL:
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1. That the Mayor ihd City Clerk are hereby authorized and directed
to execute the agreement with Associated Engineers Inc.
2. That the City Clerk shall furnish copies of said agreement
to any citizen requesting same.
It was moved by Foster and seconded by Per--- ret — the
Resolution be adopted,jj upcm ro Kleall there were:
AYES: NAYS: ABSENT:
x Balmer
XdeProsse
X Foster
X Neuhauser
x Perret
x Selzer
x Vevera
passed and approved this 28thjofy, June) / , 1977.
I ; M -rev„
ATTEST: I A x)lw--Y
City Clerk
Received 8 Approved
By The Leg� Pepartmant
3121
• AGREEMENT 0
This Agreement, made and entered into this _ ,Cd/'- day of
1977, by and between the City of Iowa City, a
municipal corporation, hereinafter referred to as the City and
Associated Engineers, Inc. hereinafter referred to as the Consultant.
NOW, THEREFORE, it is hereby agreed by and between the parties
hereto that the CITY does retain and employ the said Consultant to
act for and represent it in all matters involved in the terms of this
AGREEMENT. Such contract of employment to be subject to the following
terms and conditions and stipulations.
ARTICLE I. SCOPE OF SERVICES
Section I. For and in consideration of the covenants herein
contained the Consultant hereby covenants and agrees to perform di-
ligently as an independent contractor the necessary professional
services hereinafter described in accordance with the highest pro-
fessional standards customarily obtained for such services in the
State of Iowa. The services to be performed by the Consultant here-
under shall include all necessary planning, design, preparing estimates
and engineering work for, the design and construction of the College/
Dubuque Mall as shown on Attachment B, attached hereto and incorporated
herein for all purposes incident to this contract. The Consultant
shall retain as Landscape Architect the firm of Sasaki Associates, Inc.
of Watertown, Massachusetts. The firm of Sasaki Associates, Inc.
shall be retained by the Consultant for purposes of aiding the Con-
sultant in conceptual design, using to the greatest practical extent
Sasaki's expertise in providing a functional mall plan. The exact
work effort responsibility shall be negotiated between the Consultant
and Sasaki Associates, Inc. in the form of a sub -agreement which is
attached hereto as Attachment "A", and hereby made 'a part of this
Agreement. It is understood and agreed that the Consultant shall be
primarily responsible to City for the performance of the entire project
described herein, including all professional services to be performed
by Sasaki Associates, Inc.
Section 2. The services to be performed by the Consultant shall
consist of the following:
A. Prepare alternate levels of treatment and alternate cost
levels to enable City Council to establish project budget;
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B. Site Plan for the College/Dubuque Mall and area;
C. Plans and specifications for the construction of the
Mall including all proposed underground city utilities
except water mains; and
D. Inspection services as described in subsequent sections
of this instrument.
The Consultant shall be responsible for the design of the
College/Dubuque Mall such that the total construction cost shall
not exceed $1,500,000.00 assuming that construction bids are taken
by September, 1977.
If the lowest bona fide bid exceeds the amount of $1,550,000.00
the City shall, at its sole option and discretion, (1) give written
approval of an increase in such limit, (2) authorize rebidding the
project within a reasonable time, or (3) cooperate in revising the
project scope and quality as required to reduce the probable con-
struction cost. In case of (3), the Consultant and its Design
Consultant, without additional charge, shall modify the drawings
and specifications as necessary to bring the construction cost
within the fixed limit.
The Consultant shall confer with the City regarding the Mall
design as required by the City and make site inspections as
necessary.
The City shall require the Consultant to make available to
Sasaki Associates, Inc., all relevant information and documents
about the project and site.
Section 3. For the purposes of this Agreement, the specific
person of Jack E. Leaman shall be in charge as the project manager
for the Consultant. Furthermore, the sub -agreement between the
Consultant and Sasaki Associates, Inc. shall so state that the
specific person of Stuart Dawson shall be the controlling project
liaison for the firm of Sasaki Associates, Inc.
It is understood that the City has retained the firm of Zuchelli,)
Hunter, and Associates to assist the City with Urban Renewal land
disposition. The firm of Zuchelli, Hunter and Associates has
primary responsibility for guidance in matters relating to factors
which influence land marketing. Zuchelli, Hunter and Associates
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will review the schematic Designs and developed design for impact
on marketing and will advise the City regarding such impact. Re-
visions may be required by the City, based on such review. The
specific individual who will serve as liaison between Zuchelli,
Hunter and Associates and the Consultant shall be the City Redevelop-
ment Coordinator. The Redevelopment Coordinator shall also serve
as principle liaison between the Consultant and the City Manager/
City Council in matters dealing with finance and marketing. All
other contract administration matters will be managed by the City
Engineer.
Section 4. The Site Plan for the College/Dubuque Mall shall
be accomplished as follows:
A. Schematic Designs and estimated construction, operation
and maintenance costs shall be submitted to the City for
review and approval. The level of detail and supplemental
drawings and information shall be sufficient for the City
officials and staff to perceive the plan and design features.
In addition, rough sketches, drawings, or photos of model
concepts (if appropriate) shall be presented to convey the
"thought process" or "design evolution" followed to arrive
at the recommended design concept. These sketches and draw-
ings or photos should not be especially rendered, drawn
to scale, mounted, framed or formalized in any way. Rather
they should be presented in the form used in the design process.
The design. concepts shall reflect consideration of any pre-
viously furnished design criteria, and preliminary cost
estimates shall indicate that the College/Dubuque Mall
can be constructed within the budget.
B. ,The Consultant shall recognize the existance of the Design
Review Committee, -which has been specifically formed by
City Council to review projects of this nature. At an
appropriate time during development of the Schematic
Design and at written direction from the City, the
Consultant shall present the designs to the Design Review
Committee. The Design Review Committee does not have
specific approval rights of the project but shall make its
recommendations known to the City Manager.
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C. Upon approval of a schematic design, the Consultant
shall prepare a final Site Plan of the College/Dubuque
Mall along with detailed cost estimates of construction,
operation and maintenance. This Plan shall be submitted
to the City for review and approval. The Consultant
shall submit a plan and supplemental information for the
purpose of fixing and describing the character of the
project with respect to materials, topography, typical
methods of construction, structural, mechanical and
electrical systems, and all other essential design
features. The plans and information -shall include, but
not be limited to, the following:
1. 1" = 20' scale site plan of the Mall, as defined
by Attachment W.
2. One, 1" = 20' horizontal scale (1" = 20' vertical)
cross-section of the Mall.
3. Sketch details as required to show typical con-
struction techniques, materials, paving types, Mall
;furni.ture and' other..key.,features..
All of the'above 'information shall be formally pre-
sented to City officials and'sta£f for approval. The
Site Plan shall include all proposed landscape features,
amenities and significant utilities, and shall be
accompanied by a preliminary grading concept which
through an adequate combination of proposed contours
and spot elevations shall identify the vertical
relationships of all key features.
D. After approval of the Site Plan, the Consultant shall
prepare plans and specifications for construction of the
Mall in accordance with the approved Site Plan.
1. All of the above services shall be prepared in accor-
dance with applicable design criteria and shall be subject
to review by the City.
2. The Consultant shall attend preliminary conferences
with authorized representatives of the City regarding
the project and such other conferences as may be
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necessary in the opinion of the City to assure that the
plans and specifications which are to be developed
hereunder by the Consultant will result in providing
facilities which are economical in design and conform
to instructions from the City.
3. The Consultant shall attend such conferences with
officials of other agencies as may be necessary in the
opinion of the City for coordination of the proposed
improvements with the requirements of such other agencies
It shall be the Consultant's duty hereunder to secure
necessary information from such agencies. Coordination
with the following agencies will be necessary: Iowa
Illinois _Gas and Electric, Northwestern Bell Telephone,
and the University of Iowa.
4. The Consultant shall advise the City with regard to
the necessity for special surveys, tests, test borings,
or other subsurface investigations in connection with
design and engineering work to be performed hereunder.
The Consultant shall also advise the City concerning
the results of same. Such surveys, tests, and in
vestigations shall be made only upon authorization by the
City and the expense thereof shall be paid by the City.
5. The Consultant shall submit reproducible copies of
plans for construction in preliminary form as may be
necessary in the opinion of the City for review by the
City and for submission to utility companies and other
agencies for the purposes of coordinating work with
existing utilities.
6. The Consultant shall furnish original detailed contract
drawings and specifications for reproduction by the City
for use in obtaining bids, awarding contracts, constructing
and completing the proposed improvements. The plans shall
include the location of the existing utilities based on
available information.
7. The Consultant shall secure the approval of the City
of the final plans and specifications. Evidence of such
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approval shall be the signature of authorized City
officials inscribed on the plans. All contract documents
shall comply in all respects with all applicable local,
state and federal laws and with all applicable rules and
regulations promulgated by all local, state and national
boards, bureaus and agencies. Approval by the City shall
not constitute or be deemed to be a release of the
responsibility and liability of the Consultant, their
agents, employees and subcontractors for the accuracy
and competency of their designs, working drawings and
specifications or other engineering documents.
B. The Consultant shall assist in the tabulation and
review of all bids received for the construction of the
improvements, and shall make recommendations to the City
concerning these bids.
9. The original drawings of all plans shall be drawn
on approved plastic -film sheets, or as otherwise approved
by the City Engineer and shall become the property of the
City after being corrected to show "as built" conditions.
10. The Consultant shall provide detailed inspection of
the work in progress at a regularity to ensure the work
is done in compliance with the plans and specifications.
During certain phases of the project, this will require
resident inspection. The Consultant's undertaking shall
not relieve the 'construction contractors of their ob-
ligation to perform the work in conformity with the plans
and specifications and in a workman like manner. The
Consultant will interpret the intent of the plans and
specifications to protect the City against defects and
deficiencies in construction on the part of the contractors.
11. The Consultant shall provide base line information
as required such that the potential contractor can
perform the work in the College/Dubuque Mall. This work
may include but not limited to setting line and grade for
sanitary and storm sewer work and vertical and horizontal
control of the surface improvements.
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12. The Consultant's work shall specifically exclude
the following;
a. Advertising the contract for bid and printing,
publication and distribution of contract documents
and addenda to prospective bidders;
b. Receipt of bids and opening of bids.
E. Upon request, the Consultant agrees to furnish special
services. Such special services may include ('1) soils in-
vestigation. including test borings, related analysis, and
recommendations; (2) land surveys, establishment of bound-
aries; (3) assistance to the client as expert witness in
litigation arising from the development or construction of
the project and in hearings before various approving and
regulatory agencies.
ARTICLE II. TIME OF PERFORMANCE
It is understood that the Consultant is presently performing
work on this project under interim expenditure authorization. Upon
execution of this instrument, the Consultant shall undertake to
complete the parameters of this Agreement in such a sequence as to
assure their expeditious completion. It is anticipated that a
logical sequence of events to assure completion of the project may
be to devise two construction contracts. One being all under ground
improvements, and the other being the remainder of the project.
Final plans, specifications, and contract documents for under ground
improvements which will include storm sewer and sanitary sewer work
shall -be submitted to the City not later than May 10, 1977. The
final Site Plan for the surface improvements shall be submitted to
the City not later than July 9S 1977. The final plans, specifi-
cations and contract documents for all phases of the project ex-
cluding storm sewer and sanitary sewer work shall be submitted to
the City not later than thirty (30) days after approval of final
Site plan by the City.
ARTICLE III. GENERAL TERMS
1. This Agreement and each and every portion thereof shall be
binding upon the successors and the assigns of the parties hereto.
Provided, however, that no assignment shall be made without the
written consent of all parties to said Agreement.
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2. It is understood and agreed that the employment of the
Consultant by the City for the purposes of said project shall be
exclusive, but the Consultant shall have the right to employ such
assistance as may be required for the performance of the project.
Said Consultant shall be responsible for the compensation, insurance
and all clerical detail involved in their employment.
3. It is agreed by the City that all records and files pertaining
to information needed for said project will be made available by
the City upon request of the Consultant. The City agrees to
furnish all reasonable assistance in the use of these records
and files.
4. It is further agreed that no party'to this Agreement will
perform contrary to any State, Federal or County law or any of
the Ordinances of the City of Iowa City, Iowa.
5. It is further agreed that in the event of any disagreement as
to the meaning or scope of this Agreement that cannot be worked out
to the mutual satisfaction of both parties concerned, the disagree-
ment shall be referred to a three member arbitration panel with one
member selected by the City, one selected by the Consultant and
the third to be selected by the two arbitrators. Each party
will be finally and fully bound by the decision of the arbitration
panel and said panel shall have full authority to allocate the
cost of such arbitration between the parties. Nothing herein
shall be construed as preventing subsequent appeal to a court of
law from the decision of,.the arbitrators but such cost and
expenses of said appeal shall be borne by the appealing party.
6. The Consultant agrees to furnish, upon termination of this
Agreement and upon demand by the City, copies of all basic notes
and sketches, charts, computations and any other data prepared
or obtained by the Consultant pursuant to this Agreement, without
the cost and without restriction or limitation as to their use.
7. The Consultant agrees to furnish all reports and/or drawings
with the seal of a Professional Engineer or Architect affixed
thereto where such seal is required by law.
8. The City agrees to tender to the Consultant all fees and money
in accordance with the schedule that follows except that failure
by the Consultant to satisfactorily perform in accordance with this
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Agreement shall constitute grounds for the City to withhold payment
in the amount sufficient to properly complete the project in
accordance with this Agreement.
9. Should any section of this contract be found to be invalid, it
is agreed that all other sections shall remain in full force and
effect as though severable from the part invalid.
10. Records of the Consultant's Direct Personnel Consultant and
Reimbursable Expenses pertaining to the Project, and records of
accounts between the Owner and the Contractor, shall be kept on a
generally recovnized accounting basis and shall be avialable to
the Owner or his authorized representative at mutually convenient
times.
11. All reimbursable outside expenses shall include actual expendi-
tures made by the Consultant, his employees, or his consultants
in the interest of the Project for the following incidental ex -
penses listed:
a. Expense of transportation and living when traveling in
connection with the Project,for long distance calls, and
telegrams for extraordinary work requested by the Owner.
b. Expense of reproduction, postage and handling of Drawings
and Specifications, excluding copies for Consultant's
office use and duplicate sets at each phase for the Owner's
review and approval; and fees paid for securing approval
of authorities having jurisdiction over the project.
c. Fees paid by the„ Consultant for special consultants
employed with City's approval.
12. The Consultant and Design Consultant shall. have publication
rights to all material produced by the Consultant and its
Consultants consistent with all applicable legal requirements
and shall be entitled to retain reproducible copies of all work
performed hereunder.
13. Approvals by the City shall not be deemed to be an assumption
of responsibility and liability by the City for any defect in the
designs, working drawings and specifications or other engineering
documents prepared by the Consultant and/or Design Consultant,
their agents, employees and other subcontractors, it being the
intent of the parties that approval of the City signifies the
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City's approval of only the general design concept of the improve-
ments to be constructed. The Consultant covenants and agrees
to and does hereby indemnify and hold harmless the City, its
officers, agents and employees from any loss, damages, liability
or expense on account of damage to property and/or injuries
(including death) to any person or persons, including employees
or agents of the Consultant and/or Design Consultant, which
might arise oat of any negligence of the Consultant and/or
Design Consultant, their employees or agents, or out of any
defect or deficiency in Consultant's and/or Design Consultant's
des igns,.working drawings, specifications or other engineering
documents incorporated into any improvements constructed in
accordance herewith. The Consultant shall defend at its expense
any suit or .other proceedings brought against the City or its
officers, agents or employees on account thereof and shall pay all
expenses and satisfy all judgments which may be incurred by or
rendered• against -City -or its -.officers agents or employees --in
connection herewith; providing and except, however, that this
deficiency provision shall not be construed as requiring the
Consultant to indemnify or hold harmless the City, its officers,
agents or employees from loss, damages, liability or expense
on account of damage to property or personal injury, including
death, arising out of negligence of the City, its officers,
agents or employees, including, but not limited to, defects or
deficiencies in design criteria and information furnished to .
the Consultant by the City and which the Consultant could not
discover. by the exercise .of reasonable diligence, or deviations
by the contractor in construction from the Consultant's and/or
Design, Consultant's designs, working drawings, specifications or
other engineering documents except such deviations as might occur
with the approval of the Consultant and/or Design Consultant or
during the performance of work over which the Consultant has
supervision.
14. Other terms and conditions to this Agreement are as shown
in Attachment "C" which consists of Federal Form HUD 621B which is
hereby made a part of this Agreement.
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ARTICLE IV. COMPENSATION
1. The City agrees to pay the Consultant for the services
stipulated on the basis of the following fees:
a. The Consultant shall be paid a fee based on direct hourly
charge out rates which are shown as Exhibit "D". By this
reference Exhibit "D" is made a part of this Agreement.
These hourly rates shall be in effect for all phases of
the project from design through resident inspection as
required by the City, including special services Article
I, Section E. Requests for payments shall be submitted
showing the name of the individual as well as the title
as shown on Exhibit "D".
b. Reimbursable outside expenses shall be paid, based on
the Consultant's actual expenditures, at cost. Re-
imbursable outside expenses shall include fees paid
by the Consultant based on the subagreement (Attachment
,,P'), to Sasaki. -Associates, Inc. To define travel expenses
when using privately owned automobiles, fifteen centes
per mile shall be used for actual costs for computation
purposes. For the purposes of this document, all travel
and living expenses shall be computed based on origination
from Cedar Rapids, Iowa.
c. The maximum number. of meetings anticipated which the
Consultant will be required to attend is twelve (12).
For the purpose of this document, any meetings required by
the City beyond the twelve anticipated shall be -paid by the
City at the rates herein specified and shall be allowed to
be in excess of the not to exceed fee herein specified
as necessary.
2. It is expressly understood and agreed that in no event
will the total compensation and reimbursement, except as modified
herein, to be paid hereunder exceed the maximum sum of $250,000.00
for all of the services required, excluding special services under
Article I, Section E. As a further refinement, the following shall
also apply:
a. In no event shall the total compensation for design aspects
of this agreement exceed ,$150,000.00; and
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b. In no event shall the total compensation for inspection
services encompassed in this agreement exceed $100,000.00.
For the purpose of this agreement and to further define the not
to exceed fees, design services shall include those items en-
compassed within the three phase category of Basic Services as
defined in the 1972 Suggested Guide for Selection and Compensation
of Consulting Engineers and Land Surveyors (Guides. Furthermore,
inspection services shall include all those aspects as listed
under the definition of Resident Services in the Guide where such
does not conflict with other provisions of this instrument. Under-
ground improvements shall be contracted separately from surface
improvements, therefore the Consultant shall diligently itemize
which services are being performed on each fee statement, since
design as well as inspection services may well occur simultaneously.
3. Fees will be due and payable monthly. Accompanying each
monthly fee statement, the consultant shall provide a short
narrative describing the consultant's status and ability to
complete the project within the budgeted limits.
4. All provisions of the Agreement where not specifically
defined shall be reconciled in accordance with the highest ideals
of the Engineering profession and the Code of Ethics therefore
as set forth in the 1972 Suggested Guide for Selection and
Compensation' 'of Consulting' En'gin'eersand Land Surveyors L published
by the Iowa Engineering Society and the Consulting Engineers Council
of Iowa; and/or those professional ideals as established in the
1964 edition of the Standards of Professional Practice, AIA Doc
No. J330.
ARTICLE'V. AUTHORIZATION NOTICE
The City warrants to the Consultant that the City is fully
authorized and empowered by its City Council to contract with the
Consultant under this Agreement. The City further warrants (1)
that it has satisfied bidding and other legal preconditions to
consummating this Agreement as a binding contract between the
parties and (2) that the City has funds which are currently avail-
able and duly allocated to fulfill the City's financial obligations
under this Agreement.
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ARTICLE VI. ENTIRE AGREEMENT.
This Agreement embodies the entire agreement between the Con-
sultant and the City. The Consultant- represents that in entering
this Agreement it does not rely on any previous oral or implied
representation, inducements or understanding of any kind or nature.
ARTICLE VII. BENEFIT OF AGREEMENT
This Agreement is binding upon and shall. insure to the benefit
of the parties hereto and their heirs, successors, and permitted
assigns.
ARTICLE VIII. VENUE
Venue of any suit or cause of action under this contract shall
lie in Johnson County, Iowa.
IN WITNESS WHEREOF, the parties hereby have executed this
Agreement in /triplicate originals on this date, the .2&. /k
day of , 1977.
STATE OF IOWA )
SS
COUNTY OF
I
I, j, a notary public in and for
sac unfyp ip te state aforesaid, do hereby certify that
and /3&t e , to me per o 11y knotii}�
t be presidentand secretary respectively of CdGr� _'egy� •>
a corporation, and also known to me to be the persons whose names are
subscribed to the foregoing instrument, appeared before me this day
in person and acknowledged that as such president and secretary
respectively they signed, sealed, and delivered the said instrument
as the free and voluntary act of said corporation, for the uses and
purposes therein set north, and that they were duly authorized to
execute the same by the board of directors of said corporation.
Given under my hand and notarial sea]. this .2,9;0 day of
PLm f , 19-77.
My commission expires�C �y _> 19� :17!
FOR ,YE CITY:
u
City C1er
WIVSH/NGTON
BURL/NGTON
STREET
N
NO SCAL 6 -
Concept
Concept & Site Planning Area
All public right-of-way within dashed boundaries
Actual Construction Area
(Face to face of buildings)
ATTACHMENT "B"
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� ' •. • U. S. DEP IM ENT OF HOUSING AND URBAN DEV OPMENT HUD -6718
RENEWAL ASSISTANCE ADMINISTRATION (7a9)
CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES
--- --- ---- --- ---- - -- - - - -
Part II - Terms and Conditions
1. Termination of Contract for Cause. If, through any cause, the Contractor
shall fail to fulfill in timely and proper manner his obligations under this
Contract, or if the Contractor sball violate any of'tbe covenants, agreements,
or stipulations of this Contract, the Local Public Agency shall thereupon have
tht. rig1it to te:ninate this Contract by giving written notice to the Contractor
of such termination and specifying the effective date thereof, at least five
days before the effective date of such termination. In such event, all finished
or unfinished documents, data, studies, and reports prepared by the Contractor
under this Contract shall, at the option of the Local Public Agency, became its
property and the Contractor shall be entitled to receive dust and equitable
compensation for any satisfactory work completed on such documents.
Notwithstanding the above, the Contractor shall not be relieved of liability
to the Local Public Agency for damages sustained by the Local Public Agency by
virtue of any breach of the Contract by the Contractor, and the Local Public
Agency raY withhold any payments to the Contractor for the purpose of setoff
until such time as the exact amount of damages due the Local Public Agency
from the Contractor 1s determined.
2. Termination for Convenience of Local Public Agency. The Local Public
Agency may terminate this Contract may time by a notice in writing from the
Local Public Agency to the Contractor. If the Contract Is terminated by the
Local Public Agency as provided herein, the Contractor will be paid gn amount
which bears the saw ratio to the total compensation as the services actually
performed bear to the total services of the Contractor covered by this Contract,
lees payaents of compensation previously made: •Provided, however, that if leas
than aixty par cent of the services covered by this Contract have been performed
upon the effectI a date of such termination, the Contractor shall be reimbursed
(in addition to the above payment) for that portion of the actual out-of-pocket
expenses (not otherwise reimbursed under this Contract) incurred by the
Contractor during the Contract period which are directly attributable to the
uncompleted portion of the services covered by this Contract. If this Contract
Is terminated due to the fault of the Contractor, Section 1 hereof relative to
termination sball apply.
3. Ch.:agea. The Local Public Agency may, from time to time, request
changes in the scope of the services of the Contractor to be performed hereunder.
Such changes, including any increase or decrease in the amount of the Contractor's
coxpensation, which are mutually agreed upon by and between the Local Public
Agency and the Contractor, shall be incorporated in written amendments to this
Contract.
ATTACHMENT '10'
' �J7.691
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4. Personnel. a. The Contractor represents that he has, or will secure
at his own expense! all personnel required in performing the services under
this Contract. Such peraonnel shall not be employees of or have any contractual
relationship with the Local Public Agency.
b. All the services required hereunder will be performed by the Contractor
or under his supervision and all personnel engaged in the work shall be fully
qualified and shall be authorized or permitted under State and local law to
perform such services.
c. No person who In serving sentence in a penal or correctional institution
shall be employed on work under this Contract.
5. Anti -Kickback Rules. Salaries of architects, draftsmen, technical
engineers, and technicians performing work under this Contract shall be paid
unconditionally and not lees often than once a month without deduction or rebete
c. any account except only such payroll deductions as are mandatory by lav or
permitted by the applicable regulations issued by the Secretary of Labor pursuant
to the "Anti -Kickback Act" of June 13, 1934 (48•Stat. 948; 62 Stat. 740; 63 Stat.
108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The
Contractor shall comply with all applicable "Anti -Kickback" regulations and shall
insert appropriate provisions in all subcontracts covering work under this Contract
to Insure compliance by subcontractors with such regulations, and shall be
responsible for the submission of affidavits required of subcontractors there-
under e;ccept as the Secretary of Labor may specifically provide for variations
of or exemptions from the requirements thereof. ,
6. Withholding of'Salariea. If, in the performance of this Contract, there
is any underpayment of salaries y the Contractor or by any subcontractor there
under, the Local Public Agency shall withhold from the Contractor out of payments .
due to him on amount sufficient to pay to employees underpaid the difference
between the salaries required hereby to be paid and the salaries actually paid
such employees for. the- total -number of hours -worked... The amounts withheld shall
be disbursed by the Local Public Agency for and on account of the Contractor or
subcontractor to the respective employees to whoa they are due.
7. Claims and Disputes Pertaining to Saleuy Rates. Claims and disputes
pertaining to salary rates or to classifications of architects, draftsmen,
technical.engineera, and technicians performing work under this Contract shall
be promptly reported in writing by thea Contractor to the Local Public Agency
for the latter's decision which shall be final with respect thereto.
8.. Equal Employment Opportunity. During the performance of this Contract,
the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forma of compensation; and
selection for trnining, including apprenticeship. The Contractor agrees
to post in conspicuous pinces, avnilable to employees and applicants for
employment, notices to be provided by the Local Public Agency setting
forth the provlslons of. this nondiscrimination clause. .
b. The Contractor will, •in all solicitations or advertioements for employees.
placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard
to race, color,:religion,:scx, or national origin.
c. The Contractor will cause the foregoing provisions to be inserted in nil
subcontracts for any work covered by this Contract so that such provisions
will be binding upon each oubcontractor,'provided that the foregoing
provisions shall not apply.to contracts or, subcontracts for standard
commercial suppliea or raw materials.
9. Discrimination Because of Certaih'i;ebor Matters:No person employed on
the work covered by this Contract shall be discharged or in any way dlacriminated
against because be has filed any complaint or instituted or caused to be instituted
any proceeding or has testified or is about to testify in any proceeding under or
relating to the labor standards applicable hereunder to his employer.
10. Compliance With Local Laws. The Contractor shall comply with all
applicable lava, ordinances, and codes of the State and local governments, and
shall commit no trespass on any public or private property In performing any of
the work embraced by this Contract.
11. Subcontracting. None of the services covered by this Contract shall
be subcontracted without the prior written consent of the Local Public Agency.
The Contractor shall be as fully responsible to the Local Public Agency for the
acts and omissions of his subcontractors, and of persons either directly or
indirectly employed by them, as he is for the acts and omissions of persons
directly employed by him. The Contractor shall insert in each subcontract
appropriate. proyis ions requiring.coiupliance with.tbe labor standards provisions
of this Contract.
12. Assignability. The Contractor shall not assign any interest is this
Contract, and shall not transfer any interest in the same (whether/by assignment
or novation) without the prior written approval of the•Local Public Agency:
Provided, however, that claims for money due or to become due the Contractor
from the Local Public Agency under this Contract may be assigned to a break,
trust company, or other financial institution, or to a Trustee in Bankruptcy,
without such approval. Notice of any such assignment or transfer shall be -
furnished promptly to the Local Public Agency.
13. Interest of Members of Local Public Ageng. No member of the governing
body of the Local Public Agency, and no other officer, employee, or agent of the
Local Public Agency who exercises any functions or responsibilities in connection
with the carrying out of the Project to which this Contract pertaiab, shall have
any personal interest, direct or indirect, in this Contract.
14. Interest of Ctber Local Public Officials. No member of the governing
body of the locality in which the Project Area is situated, and no other public
official of such locality, who exercises any functions or responsibilities in
the review or approval of the -carrying out of the Project. to which this Contract
pertains, shall have any personal interest, direct or indirect, in this Contract.
DIRECT HOURLY CHARGE OUT RATES
TITLE
Principal Engineers
Architects, Engineers $ Landscape
Architects - Area or Dept. Directors
Project Architects, Engineers $
Landscape Architects
Surveyors
Planners
Designers
Senior Technicians
Technicians
Engineering F, Administ
Office Technicians
Clerical
EXf
RATE PER HOUR
$30.00
$29.00
$27.00
$21.00
e,)1 nn
0
I]
SUBCONTRACT
WITH SASAKI ASSOCIATES, INC.
FOR COLLEGE/DUBUQUE MALL
IOWA CITY, IOWA
ArjnCNMENY A
3/24]
0 0
SUBCONTRACT AGREEMENT
BY AND BET14EEN
ASSOCIATED ENGINEERS, INC.
AND
SASAKI ASSOCIATES, INC.
This agreement is entered into by and between Associated Engineers,
Inc. hereinafter referred to as "AE", an Iowa corporation herein
represented by Jack E. Leaman, and Sasaki Associates, Inc. herein-
after referred to as "SA", a consulting firm located in Watertown,
Massachusetts, herein represented by Stuart 0. Dawson.
For and in consideration of the terms, conditions and stipulations
hereinafter expressed, it is agreed and understood as follows:
ARTICLE I
SCOPE OF SERVICES
Section 1. For the purposes of this Agreement, the specific
person of Jack E. Leaman shall be in charge as the
project manager for AE. The specific 'person of
Stuart 0. Dawson shall be the controlling project
liaison for SA.
Section 2. SA, as subcontractor to AE in the conduct of the Iowa
City College/Dubuque Mall Project, agrees and covenants
to perform and provide the following services with
diligence and in a workmanlike manner with a high
degree of care to ensure the accuracy and timeliness
thereof.
Section 3. The Site Plan for the College/Dubuque Mall shall be
accomplished as follows:
A. Schematic Designs and estimated construction operation
and maintenance costs shall be submitted to the City
for review and approval. The level of detail and
supplemental drawings and information shall be
sufficient for the City officials and staff to per-
ceive the plan and design features. In addition,
rough sketches, drawings, or photos of model concepts
(if appropriate) shall be presented to convey the
"thought process" or "design evolution" followed to
arrive at the recommended design concept. These
sketches and drawings or photos should not be
especially rendered, drawn to scale, mounted, framed
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or formalized in any way. Rather they should be
presented in the form used in the design process.
The design concepts shall reflect consideration of
any previously furnished design criteria, and
preliminary cost estimates shall indicate that the
College/Dubuque Mall can be constructed within the
budget.
The Schematic Design Phase will be shared by AE
and SA as follows:
AE 30% of phase
-Traffic circulation plan
-Demolition and site prep-
aration
-Street & sidewalk paving
plan & sketch details
-Street lighting & signal-
ization study, plan &
sketch details
-Irrigation plan, if re-
quired
-Construction staging plan
-Preparation of plan base
sheets showing surface
features, utilities & topo-
graphy
-Outline specifications for
pavements, signalization,
if required
-Cost estimate for above
-Field survey, borings, &
utility investigation
SA 70% of phase
-Alternative design plans &
sections for College &
Dubuque Streets
-Street furniture; pedestrian
lights
-Special "focal point"
feature(s), sketch plans &
details
-Planting plan
-Outline specifications for
street furniture, pedestrian
lights, special feature and
planting
-Operation and maintenance
plan
-Cost estimate for above
B. Upon City approval of the Schematic Design Phase, a final
Site Plan of the College/Dubuque Mall along with detailed
cost estimates of construction, operation and maintenance
shall be prepared. This Plan shall also be submitted to
the City for review and approval. The Design Develop-
ment final Site Plan and supplemental information shall
be submitted for the purpose of fixing and describing
the character of the project with respect to materials,
topography, typical methods of construction, structural,
mechanical and electrical systems, and all other essen-
tial design features. Drawings and information shall
include, but not be limited to, the following:
1. 1" = 20' scale site plan of the Mall, as defined by
Attachment "B".
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2. One, 1" - 20' horizontal scale (1" = 20'
vertical) cross-section of the Mall.
3. Sketch details as required to show typical con-
struction techniques, materials, paving types, Mall
furniture and other key features.
All of the above information shall be formally presented
to City officials and staff for approval. The Site Plan
shall include all proposed landscape features, amenities,
and significant utilities, and shall be accompanied
by a preliminary grading concept which through an
adequate combination of proposed contours and spot
elevations shall identify the vertical relationships
of all key features.
The Design Development Phase will be shared by AE
and SA as follows:
AE 40% of phase
-Utility plan and details
-Surface drainage plan
-Irrigation plan
-Cost estimate for above
-Construction staging plan
SA 60% of phase
-Design layout plan and
details
-Sketch details for street
furniture, pedestrian
lights, planting and
special "focal point"
feature(s)
-Operation and maintenance
plan
-Cost estimate for above
Section 4. After City approval of the final Site Plan, plans and
specifications for construction of the Mall shall be
prepared in accordance with the approved Site Plan.
The Construction Documents Phase will be shared by
AE and SA as follows:
AE 55% of phase
-Utility plan and details
-Grading plan
-Street/sidewalk layout
-Street & pedestrian light-
ing plan with circuitry
& details
-Under sidewalk vault
resolution plan & details
-Heat & light for bus
shelters or other feature
(s) if needed
-Irrigation plan & details
-Specifications for above
-Final cost estimate for
above
-Construction staging plan
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SA 45% of phase
-Review of AE construction
documents
-Street furniture details
-Bus shelter, kiosk or other
feature plan & details (if
required)
-Special "focal point"
feature(s) plan and details
-Planting plan and details
-Specifications for above
-Final cost estimate for
above
Section 5.
Section 6
Section 7
E
0
Design services related to the "focal point"
anticipate a concept which may cause the total
estimated constriction cost to exceed the initial
$1.3 million construction budget. However, the
design and construction to be accomplished for the
$1.3 million will provide a usable plaza.
Should it be decided during the site plan/schematic
stage of work (Article I, Section 3A) that the desired
"focal point" will cause the budget to exceed $1.3
million and that it is the desire of the City of
Iowa City to pursue additional funding for the "focal
point," then design work accomplished in final Site
Plan/Design Development, Construction Document,
Bidding, and Construction Phase (Article I, Sections
3B, 4, 5, and 6) will establish a usable base for
future construction of the "focal point".
Should the City approve an increase of the estimated
construction cost on the basis of an increased
allocation for the "focal point," then SA's fee for
Design Development, Construction Document, Bidding,
and Construction Phase services for such elaboration
of the "focal point" will be negotiated as provided
in Article IX.
After City approval of the Construction Documents, the
Bid and Award Phase will be shared by AE and SA as
follows:
AE 90% of phase
-Review bids, attend pre-bid
conference, answer contrac-
tor questions by letter
and telephone
SA 10% of phase
-Review bids, answer con-
tractor questions by letter
and telephone
Construction Phase services will be shared by AE and
SA as follows:
AE 80% of phase
-Site visits re: utilities,
grading, paving, layout,
lights, vaults
-Shop drawing review re:
items above
SA 20% of phase
-Site visits at AE request
re: planting & street
furniture
-Shop drawing review re:
items above
Resident Construction Monitoring Phase services shall
be entirely the responsibility of AE.
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0 0.
Section 8. All information gathering from City agencies and
public utilities shall be entirely the responsibility
of AE.
Section 9. A total of 6 trips by SA to Iowa, either to the Mason
City offices of AE or to Iowa City, are anticipated for
discussion, design and coordination and presentation
for the Phases of work outlined in Section 3, 4, and
5 above. A maximum of 4 trips to Iowa City is planned
under Section 6 above.
ARTICLE II
TIME OF PERFORMANCE
SA will satisfactorily and promptly perform the Scope of Services
required above in order to enable AE to meet the schedule included
in the prime contract between AE and the City of Iowa City.
ARTICLE III
COMPENSATION
Section 1. The design fee for the Scope of Services outlined
in Article I above is based upon ten percent (10%)
of the estimated total construction cost for surface
finprovements of one million three hundred thousand
dollars ($1.3 million) as stated in the prime contract
between AE and the City of Iowa City.
Section 2. SA shall be paid a fee based on direct hourly rates
which are shown as Exhibit "D". By this reference
Exhibit "D" is made a part of this Agreement. These
hourly rates shall be in effect for all phases of
the project from design through construction phase.
Requests for payments shall be submitted showing the
name of the individual as well as the title as shown
on Exhibit "D".
Reimbursable Expenses are in addition to the fee for
services and shall include actual expenditures made in
the interest of the project such as: transportation
and living when traveling in connection with the project;
long distance telephone calls and telegrams; reproduction
of drawings, specifications and reports except for
copies for SA's internal use; photography; model
materials; equipment rental; and postage and delivery
charges on any of the preceding.
Section 3. Based upon the distribution and sharing of the Scope of
Services work responsibility as outlined in Article I
above, AE hereby agrees to pay SA a total compensation
and reimbursement not to exceed the maximum sum of
fifty eight thousand five hundred dollars ($58,500)
for all of the services and expenses required.
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Section 4. It is expressly understood that the maximum sum
named in Section 3 above includes the amount of
five thousand dollars ($5,000) paid to SA for
preliminary work accomplished to date on this
project.
Section 5. SA shall submit monthly itemized invoices to AE for
costs incurred during the previous month. Upon
acceptance AE will include the SA billing in the next
statement submitted to the City of Iowa City and AE
will promptly forward payment to SA when received from
the City.
ARTICLE IV
ATTACHMENTS
Attachments "A", "B", "C", and "D" shall be a part of this agreement.
Attachment "A" being a copy of the prime contract between AE and the
City of Iowa City; attachment "B" being a sketch of the concept
and site planning area; attachment "C" being a 4 page HUD 621B form
of Contract for Professional or Technical Services, and attachment
"D" being a schedule of Direct Hourly Charge Rates.
ARTICLE V
PRIVITY OF CONTRACT
SA understands and agrees that it has no privity of contract with
the City of Iowa City, its sole contract being with AE; further, that
it has no lien nor privilege as against the City for non-payment of
invoices, nor for any other reason, it recognizing that its contractural
obligations are exclusively to, from and with AE.
ARTICLE VI
CANCELLATION FOR CAUSE
Should SA fail to perform its consulting services promptly and in
accordance with professional standards, or should SA fail to comply
with any of the other conditions herein, AE may cancel this contract
after five (5) days' written notice by certified mail addressed to
SA. In the event of cancellation by AE, SA shall be paid for
services performed to date of cancellation upon finishing a progress
report and invoice to such date.
ARTICLE VII
CANCELLATION WITHOUT CAUSE
Should the City of Iowa City cancel the prime contract after its
commencement with AE then AE will promptly notify SA of the cancel-
lation by certified mail; whereupon SA will immediately, on receipt
of the letter, cease and desist from performing any other work or
- 6 -
services hereunder, In such event, SA will be paid for services
and work product to said date upon furnishing a progress report
and invoice to such date.
ARTICLE VIII
ARBITRATION
All claims, disputes and other matters in question arising out of,
or relating to, this Agreement or the breach thereof shall be
decided by arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association then
obtaining unless the parties mutually agree otherwise. This Agreement
to arbitrate shall be specifically enforceable under the prevailing
arbitration law. Notice of the demand for arbitration shall be filed
in writing with the other party to this Agreement and with the
American Arbitration Association. The demand shall be made within
a reasonable time after the claim, dispute or other matter in question
has arisen. In no event shall the demand for arbitration be made
after the date when institution of legal or equitable proceedings
based on such claim, dispute or other matter in question would be
barred by the applicable statute of limitations. The award rendered
by the arbitrators shall be final, and judgment may be entered upon
it in accordance with applicable law in any court having jurisdiction.
ARTICLE IX
CHANGES IN SCOPE OF WORK
When there is a substantial change in the scope, complexity or
character of the work performed, or if the City requests AE to alter
the completion dates established, the specified fee as listed under
Article III of this Agreement, as the maximum total amount payable
will be reappraised.
ARTICLE X
OWNERSHIP OF DOCUMENTS
All sketches, tracings, plans, specifications, reports and other
data prepared under this Agreement shall become the property of the
City of Iowa City and be delivered to AE upon completion of the plans
or termination of the services of the Consultant. There shall be
no restriction or limitation on their further use.
ARTICLE XI
PUBLICITY
Accurate credit is required whenever the project is published or
exhibited. Specific authorization in writing is required for all
publicity which utilizes AE's and SA's name in connection with
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project promotion. If this Agreement is terminated prior to the
completion of the services described herein, use of any interim
reports or other documentation is limited to the client's internal
purposes without specific written approval of AE and SA.
ARTICLE XII
SUCCESSORS AND ASSIGNS
SA shall not assign, sublet, or transfer responsibility in this
Agreement without the written consent of AE.
ARTICLE XIII
INSURANCE
SA shall secure and maintain such insurance as will protect the firm
from claims under the Workmen's Compensation Acts and from bodily
injury, death, or property damage which may arise from the perform-
ance of services under this Agreement, and shall carry valuable papers
insurance in amount sufficient to assure the restoration of all plans,
drawings, notes and other similar data related to the work covered
by this Agreement.
ARTICLE XIV
SAVINGS OR SEVERABILITY CLAUSE
If any section, provision or part of this Agreement shall be adjusted
invalid or unconstitutional, such judication shall not affect the
validity of the Agreement as a whole or any section, provision or
part thereof not adjudged invalid or unconstitutional.
This contract expresses the entire agreement between the parties
and no representations, promises or warranties have been made by
either of the parties that are not fully expressed herein.
IN WITNESS WHEREOF, the parties have executed this Agreem nt by
their duly authorized representatives on this,2fE/day of ,
1977. '
I;AS,y/N6
STRE�T
NO SCAL E
BUR[/NGToN -' STREET
Concept & Site Planning Arca
All public right-of-way within dashed boundaries
i
Actual Construction Arca
(Pace to face of buildings)
ATTACHMENT "B"
U. S. DEP T OF HOUSING AND URBAN DEV HENT HUD -6218
REWAL ASSISTANCE ADM NISTRATION W (2-09)
CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES
,Port II — Terms and Conditions
1. Termination of Contract for Cause. If, through any cause, the Contractor
ahsll fail to fulfill in timely and proper manner his obligations under this
Contract, or if the Contractor sball violate any of'tbe covenants, agreements,
or stipulations of thin Contract, the Local Public Agency shall thereupon have
the ri,sst to terninata this Contract by giving written notice to the Contractor
of such termination and "specifying the effective date thereof, at least five
days before the effective date of such termination. In such event, all finished
or unfinished documents, data, studies, and reports prepared by the Contractor
under this Contract shall, at the option of the Local Public Agency, become its
property and the Contractor shall be entitled to receive just and equitable
compensation for say satisfactory work completed on such documents.
Notwithstanding the above, the Contractor shall not be relieved of liability
to the Local Public Agency for damages sustained by the Local Public Agency by
virtue of any breach of the Contract by the Contractor, and the•Local Public
Agency nay withhold any payments to the Contractor for the purpose of setoff
until such time as the exact amount of damages due the Local Public Agency
fr6v the Contractor is determined.
2. Termination for Convenience of Local Public Agency. The Local Public
Agency Usy terminate this Contract say time by a notice in writing from the
Local Public Agency to the Contractor. If the Contract is terminated by the
Local Public Agency as provided herein, the Contractor will be paid an am cunt
which bears the sax ratio to the total compensation as the services actually
perforad kar to the total services of the Contractor cpvered by this Contract,
lees ; w ata of compensation previously made: Provided, however, that if less
than aixty •por cent of the services covered by this Contract have been performed
upon the effective date of such termination, the Contractor shall be reimbursed
(in addition to the above payment) for that portion of the actual out-of-pocket
expenses (not otherwise reimbursed under this Contract) incurred by the
•.Contrrctnx during the Contract period which are directly attributable to the
uncompleted portion of the services covered by this Contract. If this Contract
is terminated due to the fault of the Contractor, Section 1 hereof relative to
termination shall apply.
3. Cheagea. The Local Public Agency may, from time to time, request
changes in tha scope of the services of the Contractor to be performed hereunder.
Such changes, including say increase or decrease in the amount of the Contractor's
cospens.ation, which are mutually agreed upon by and between the Local Public
Agency and the Contractor, shall be incorporated in written amendments to this
Contract.
ATTACHMENT ')C"
us aria _ 2 _
17.69)
4. Personnel. a. The Z'ontractor represents that he * or will secure
at his own expense, all personnel required in performing the services under
this Contract. Such personnel shall not be employees of or have any contractual
relationship with the Local Public Agency.
b. All the services required hereunder will be performed by the Contractor
or under his supervision and all personnel enga3ed in the work shall be fully
qualified and shall be authorized or permitted under State and local law to
perform such services.
c. Ro person who is serving sentence in a penal or correctional institution
shall be employed on work under this Contract. '
5. Anti -Kickback Rules. Salaries of architects, draftsmen, technical
engineers, and technicians performing work under this Contract shall be paid
unconditionally and not lees often than once a month without deduction or rebate
on any account except only such payroll deductions as are mandatory by law or
permitted by the applicable regulations issued by the Secretary of Labor pursuant
to the "Anti _Kickback Act" of June 13, 1934 (48 Stat. 948; 62 stat. 740; 63 stat.
108; title 18 U.S.C., section 874; and title.4o U.S.C., section. 276c). The
Contractor shall comply with &U 'applicable "Anti -Kickback" regulations and shall
insert appropriate provisions in all subcontracts covering work under this Contract
to insure compliance by subcontractors with such regulations, and shall be
responsible for the submission of affidavits required of subcontractors there-
under except as the Secretary of Labor may specifically provide ror variations
of or exemptions from the requirements thereof. ,
6. .Withholding of'Salarles. If, in the performance of this Contract, there
Is say underpaymeat of salaries by the Contractor or by any subcontractor there-
under, the Local Public Agency shall withhold from the Contractor out of payments
due to him as amount sufficient to pay to employees underpaid the difference
between the salaries required hereby to be paid and the salaries actually paid
such employees for the total number of hours worked.., The amounts withheld shall
be disbursed by the Local Public Agency for and on account of the Contractor or
subcontractor to the respective employees to whom they are due.
7. Claims and Disputes Pertaining to Salary Rates. Claims and disputes
pertaining to salary rates or to clasniflcations of araltects, draftsmen,
technical, engineers, and technicians performing work under' this Contract shall
-te promptly reported in writing by the •Contractor to the Local Public Agency
for the latter's decision which shall be final with respect thereto.
8.. Equal Employment Opportunity. During the phrformance of this Contract,
the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during eaployaent, without regard
to their race, color, religion, sex, or national origin, Such action
shall include, but not be limited to, the folloving: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forma of compensation; and
selection forielning, including apprentice. The Contractor agrees
to post in co cuous places, available to oyees and applicants for
employment, notices to be provided by the Local Public Agency setting
forth the proviaions of, this .nondiscrimination clause. .
b. The Contractor will, 'in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard
to race, color, religion,;sex, or national origin.
c. The Contractor.w111 cause the foregoing provisions to be inserted in all
subcontracts for any work. covered by this Contract so that such provisions
will be binding upon each subcontractor,'provided that the foregoing
provisions shall not apply,to contracts or, subcontracts for standard
commercial supplies or raw materials..
9. Discrimination Because of Certain Labor Matters;` No person employed on
the work covered by. this Contract shall be discharged or in any way discriminated
against because he has filed any ccmplaint or instituted or caused to be instituted
any proceeding or has testified or is about to testify in any proceeding under or
relating to the labor standards applicable hereunder to his employer.
10. Compliance With Local Laws. The Contractor shall comply with all
applicable laws, ordinances, and codes of the State and local governments, and
shall commit no trespass on any public or private property in performing any of
the work embraced by this Contract.
11. Subcontracting. None of the services covered by this Contract shall
be subcontracted without the prior written consent of the Local Public Agency.
The Contractor shall be as fully responsible to the Local Public ;Agency for the
acts and omissions of his subcontractors, and of persons either directly or
indirectly employed by them, as he is for the acts and omissions of persona
directly employed by him. The Contractor shall. insert in each subcontract
appropriate provisions requiring codrpliance witb.tbe labor standards provisions
of this Contract.
12. Assignability. The Contractor shall not assign any interest In this
Contract, and shall not transfer any interest in the same (whetbe? by asaignmeat
or zovatioa) without the prior written approval of tbe•Local Public Agency.
Provided, bovever, that claims for money due or to become due the Contractor
from the Local Public Agency under this Contract may be assigned to a bank,
trust company, or other financial institution, or to n Trustee in BankmPtcy,
vithout such approval. Notice of any such assignment or transfer shall be
furniabed promptly to the Local Public Agency.
13. Interest of Members of Local Public Agency. No member of the governing -
body of the Local Public Agency, and no other officer, employee, or agent of the
Local Public Agency who exercises any functions or responsibilities in connection
with the carrying out of the Project to which this Contract pertainh, shall have
may personal interest, direct or indirect, in this Contract.
14. Interest of Other Local Public Officials. No member of the governing
body of the locality in which the Project Area is situated, and no other public
official of ouch locality, who exercises any functions or responsibilities in,
the review or approval of the carrying out of the Project to which this Contract
pertains, shall have any personal Interest, direct or indirect, in thin Contract.
(7.69)
15.. Interest of Certsin Federal Official". No member of or Delegate to
the Congress of the United States, no ai ant Cccsi"sionar, "hall be
admitted to any share or part of this Contract or to any benefit to arise harefrom.
16. Interest of Contractor. The Contractor covenants that he presently
has no interest made not acquire any interest, direct or indirect, in the.
above-described Project Area or any parcels therein or any other interest which
would conflict in any manner or degree with the performance of his services
hereunder. The Contractor further covenaats that in the performance of this
Contract no person having any such interest ahe11 be employed.
17. Fiadingi Confidential. All of the reports, information, data, etc.,
pre-,,&red o—r,assembled by the Contractor under this Contract are confidential
and the Contr.-ctor agrees that they shall not'be rade available to any
individual or orsaniatioa without the prior written approval of the Local
221577-P (R•v. 7.69) HUD•Wa.h,, n. C.
i
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DIRECT HOURLY CHARGE RATES
Principals $55.00
Senior Associates $37.50
Associates $30.00
Senior Technical Staff $20.00
Technical Staff $15.00
(Schedule 48)
ATTACHMENT "D"
RESOLUTION NO. 77-219
RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Claes
"C" Beer Permit Application is hereby approved for the following named per-
son or persons at the following described locations:
William Bernard Kron, Jr. dba/Bill's 2-80 DX, Route 2
Said approval shall be subject to any conditions or restrictions hereafter
imposed by ordinance or state law.
The City Clerk shall cause a recommendation for approval to be endorsed
upon the application and forward the same together with the license fee,
surety bond and all other information or documents required to the Iowa Beer
and Liquor Control DLpartment.
2
6
It was moved by Foster and seconded bySP17pr that the
Resolution as read
be adopted, and upon roll call there were:
Balmer
AYES: NAYS: ABSENT:
x
eProsse
x
Foster
x
eu auser
x
Perret
x
e zer
x
Passed this
28th day of June : 19 _77
2
6
RESOLUTION N0. 77-220
RESOLUTION To ISSUE CIOARETTE PERMITS
WHEREAS, the following firma and persona have made application, filed the
bond, and paid the mulct tax required by law for the sale of cigarettes and
cigarette papers; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IWA CITY, ICWA, that the applications
be granted and the cigarette bond now on file in the office of the City Clerk be
and the same are hereby approved, and the City Clark be and he is hereby directed
to issue a permit'to sail cigarette papers and cigarettes to the following named
persona and firms:
1977-78 cigarette permits - names and addresses on attached
list
It was moved by Foster and seconded by Selzer
that the Resolution as react Tie—adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Foster x
Neuhauser x
Perret x
Selzer x
Vevera x
Passed this 28th day of June , 19 77
3130 1
CIGARETTE PERMITS - July
•
1, 1977 through June 30, 1978
78-58 - IIy-Vee Food Store ;1, 227 E. Kirkwood
78-59 - Hy -Vee Food Store #2, 310 N. First Ave.
78-60 - Comer's Inc., 13 S. Dubuque
78-61 - Watt's Food Market, 1603 Muscatine Ave.
78-62 - 7 -Eleven Food Store, 820 First Ave.
78-63 - Federal Building Snack Shop, 400 S. Clinton
78-64 - Fraternal Order of Moose Lodge, 2910 Muscatine Ave.
78-65 - Hawkeye Dairy Store, 701 E. Davenport St.
78-66 - Ken's Pizza Parlor, 1950 Lower Muscatine (Regal Vending)
78-67 - Tilt & T'e'll, Inc., 1705 First Ave. (Regal Vending)
78-68 - Rossie's Cafe, 329 S. Gilbert (Regal Vending)
78-69 - Lazy Leopard, 122 Wright St. (Regal Vending)
78-70 - Valentino's, 115 E. College (Regal Vending)
78-71 - Robin Hood Room, Sycamore Mall (Regal Vending)
78-72 - That Bar/That Deli, 325 E. Market (Regal Vending)
78-73 - Waterfront Lounge, 21 W. Benton (Regal Vending)
78-74 - Highland Ave. D -X, 1310 S. Gilbert (Regal Vending)
78-75 - American Legion Roy L. Chopek Post #17 (Regal Vending)
78-76 - Fairview, Route 4 (Regal Vending)
78-77 - Pizza Hut, 1921 Keokuk (Regal Vending)
78-78 - Applegate's Landing, 1411 S. Gilbert (Regal Vending)
78-79 - Serendipity Pub, 1310 Highland (Regal Vending)
78-80 - Hamburg Inn, 119 Iowa Ave. (Regal Vending)
78-81 - Bill's I-80 DX, Route 2 (Regal Vending)
78-82 - Doc's Riverside Drive Standard, 801 S. Riverside Dr
7B-83 - Iowa Memorial Union, U. of Iowa
78-84 - Finkbine Golf Course, U. of Iowa
•78-85 - Moore Business Forms, Inc., S. Riverside Dr. (Canteen Corp.)
78-86 - Owens Brush Co., Lower Muscatine Rd. (Canteen Corp.)
78-87 - K -Mart, Store No. 4315, 901 Hollywood Blvd. (Canteen Corp.)
78-88 - Westinghouse Learning Corp., I-80 & Hwy. 1 (Canteen Corp.)
78-89 - American College Testing Program, Inc. (Canteen Corp.)
.78-90 - Thomas & Betts Co., Hwy. 218 S. (Canteen Corp.)
78-91 - Ii. P. Smith Co., Box 906 (Canteen Corp.)
78-92 - Knights of Columbus, 328 E. Washington (Regal Vending)
76-93 - Ken's Distributing Co., Inc., 424 highway One (Regal Vending)
78-94 - East-West Oriental Foods, 615 Iowa Ave.
78-95 - Nickelodeon, 208 N. Linn
78-96 - Maxwell's, 121 E. College
78-97 - Russ' Super Standard, 305 N. Gilbert St.
RESOLUTION NO. 77-221
RESOLUTION APPROVING CLASS C
LIQUOR CONTROL LICENSE APPLTMTM
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class C Liquor Control License application
is hereby approved -Tor the following named person or
persons at the following described location:
Louis Pasteur's, Ltd. dba/Louis Pasteur's,
5 S. Dubuque
Said approval shall be subject to any conditions tor re-
strictions hereafter imposed by ordinance or State law.
The City Clerk shall cause a recommendation for approval
to he endorsed upon the application and forward the same
together with the license fee, certificate of financial
responsibility, surety bond, sketch of the premises and all
other information or documents required to the Iowa Beer
and Liquor Control Department.
It was moved by Foster and seconded by Selzer
that the Resolution as rea_J a adopted, and upon -7751=5
there were:
NAYS:
ABSENT:
Passed and approved this 2eth day of Jimp , 19 77
3/3/
AYES:
Balmer
x_
deProsse
x
Foster
_x
Neuhauser
x
Perret
x
Selzer
x
Vevera
x
NAYS:
ABSENT:
Passed and approved this 2eth day of Jimp , 19 77
3/3/
RESOLUTION NO. 77-222
OF
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
a Class C Li uor Sunday Sales Permit application is hereby
approved for a f6llowifig named person or persons at the
following described location:
Louis Pasteur's Ltd. dba/Louis Pasteur's, 5 S. Dubuque
Said approval shall be subject to any conditions or restrictions
hereafter imposed by ordinance of state law.
The.City Clerk shall cause a recommendation for approval to
be endorsed upon the application and forward the same together
with'the license fee, bond, and all other information or docu-
ments required to the Iowa Beer and Liquor Control Department.
It was moved by Foster and seconded by Selzer
that the Resolution as read be a op e , and upon roll ca ere
were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Foster x
Neuhauser x
Perret x
Selzer x
Vevera x
Passed this 28th day of June , 19 77
I
3/
Form �56:
tree
10 STATE HIGHWAY COMMISSION
Application for use of
�)
Highway Right of Way for
\
Utilities Accommodation
�ounty Johnson
Permit No.
Applicant% Northwestern Bell Telephone Company
(Name of Owner)
615 3rd Avenue, S. E. Cedar Rapids Iowa 52401
(Address) (City) (State) (yip
Iowa State Highway Commission
Ames, Iowa
Gentlemen':
Approval is hereby requested for the use of Primary Highway 116 Bypass in Sec. 23
(Number)
T • 79N R 6W Johnson County miles,
—RAM in the city of Iowa City
(Direction) (Place, Town, Etc.)
at Highway Stations) No. 634+10 to 635+10 for the accommodation of atbt telephone cable
line for the transmission of voice signals
The Installation shall consist of - placing a telephone cable along Highway 116 Bypass from
Station 634+10 to 635+10. (Detailed Description)
J. 0. 28965 Print #1
sand will be located as shown on the detailed Wet attached hereto.
`AGREEMENTS: The utility company, corporation, applicant, permittee, or licensee, (hereinafter referred to as the Permittee)
-agrees that the following stipulations shall govern under this permit.
1. The location, construction and maintenance of the utility Installation covered by this application shall be In accordance with the current
Iowa State Highway Commission Utility Accommodation Policy.
`.
2. The installation shall meet the requirements of local municipal, county, state, and federal laws, franchise rules, and regulations, regula-
tions and dlrecjives of the Iowa State Commerce Commission, Utilities Division, the Iowa State Department of Health, all rules and regula-
tions of the Iowa State Highway Commission, and any other laws or regulations applicable.
3. The Permittee shall be fully responsible for any future adjustments of Its facilities within the established highway right of way caused
..`[by highway construction or nfaintenance operations.
4. The Iowa State Highway Commission shall give the Permittee at least 48 hours written notice of any proposed construction or maintenance
work, on either existing or newly acquired right-of•way, that is likely to conflict with the Installation belonging to the Permittee, In order that
the Permittee may arrange to protect its facilities.
S. The State of Iowa and the Iowa State Highway Commission assume no responsibility for damages to the Perminee's property occasioned by
any construction or maintenance operations on said highway.
-6. The Permittee shall take all teasonable precaution during the construction and maintenance of said Installation to protect and safeguard
the lives and property of the traveling public and adjacent property owners.
7. The Permittee agrees to give the State Highway Commission forty-eight hours' notice of Its intention to start construction on the highway
s �right-ef-way. Said notice shall be made In writing to the Engineer whose name is shown below.
8. The Permittee agrees to at all limes give the Iowa State Highway Commission timely notice of Intention to perform routine maintenance
within the right-of-way. Said notice shall be to the Engineer whose name Is shown below.
9. The Permittee, and Its contractors, shall carry on the construction or repair or the accommodated utility with serious regard to the safely
� . of the public. Traffic protection shall be In accordance with Part VI of the current Iowa State Iilghway Commission Manual on Uniform
' Traffic Controls.
Highway Commission personnel may supervise nagging operations where considered necessary by the Engineer. The original place-
ment or signs and removal on completion of the work shall be accomplished by the (Permittee) (Highway Commission). 2
(class out one) 31✓,
10. operations In the construction and maintenance of said utility Installation shall be carried on In such a manner as to cause a minimum
of intetfefence to or distraction of traffic on sat
Orway.
It: The Permittee shall be responsible for any damage that may result to said highway because .Rhe construction operation, or maintenance
of said utility, and shall reimburse the State of Iowa or the Iowa State Highway Commission for any expenditure that the Stale of Iowa or the
Iowa State Highway Commission may have to make on said highway because of said Permlltee's utility having been constructed, operated,
and maintained thereon.
12. The Permittee shall indemnify and save harmless the State of Iowa and the Iowa State Highway Commission from any and all causes or
action, sults at law or in equity, or losses, damages, claims, or demands, and from any and all liability and expense of whatsoever nature for,
on account of, or due to the acts or omissions of said Pormittee's officers, members, agents, representatives, contractors, employees or
assigns arising out of or in connection with its (or their) use or occupancy of the public highway under this permit.
13. Non-compliance with any of the terms of the Highway Commission policy, permit, or agreement, may be considered cause for shut -down
of operations or withholding of relocation reimbursement until compliance Is assured, or revocation of the permit. The cost of any work caused
to be performed by the State in removal of non -complying construction will be assessed against the Permittee.
I14. A copy of the approved permit shall be available on the job site at all times for examination by Highway officials.
IHi. The following special requirements will apply to this permit:
APPLICANT:.
Northwestern Bell Telephone Company
. . Name of Owner
1615 3rd Ave., SE., Cedar Rapids, Iowa 52401
Address
By 44 Engineer
Signature B. Snoddy Trete
JUN = 5 1977
Date
APPROVAL OF CITY OR TOWN
.: (If proposed line is within an incorporated town or city, the Council of said town or city must grant approval for Installation.)
"The undersigned city or town joins in the grants embodied in the above permit executed by the Iowa State Highway
`Commission on condition that all of the covenants and undertakings therein running to the Iowa Slate Highway Commission
'I shall insure to the benefit of the undersigned city or town. The permit is approved by the below delegated city or town official."
By
Signature Tills
I "APPROVAL BY THE STATE FOR PRIMARY HIGHWAYS
I. Resident Maintenance Engineer
I APPROVAL BY THE STATE FOR BRIDGE ATTACHMENTS AND INTERSTATE HIGHWAYS
Date
" Recommended Date
Resident Maintenance Engineer
:Approved
District Maintenance Engineer Date
Assistant Maintenance Engineer Date
Notice of intention to start construction on the highway right-of-way shall be sent to:
Engineer Address Telephone —
,Notice of intention to start maintenance on the highway right-of-way shall be sent to:
6 copies of this application will be required for all installations.
Address
Telephone
RESOLUTION NO. 77-223
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF
MERCER PARK BALLDIAMOND LIGHTING, and,
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT-
ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC
INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and
estimate of cost for the construction of the above-named project is to be held
on the 12thday of July , 1977 , at 7;30 P.M. in the Council
Chambers, Civic Center, Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice of
the public hearing for the construction of the above-named project in a newspaper
published at least once weekly and having a general circulation in the city, not
less than four (4) nor more than twenty (20) days before said hearing.
3. That the plans, specifications, form of contract, and estimate of cost for
the construction of the above-named project are hereby ordered placed on file
by the City Engineer in the office of the City Clerk for public inspection.
It was moved by Foster and seconded by Selzer
that the Resolution as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Balmer
x
deProsse
x
Foster
x
Neuhauser
x
Perrot
x
Selzer
x
Vevera
Passed and approved this 28th day of
June , 19 77
i/
// � Mayor !'n I TFM
ATTEST: ( .r,/i rte_ ��� � %r i Received & Approved
City Clerk'r By The Lega�nt
31J
I
IN
• RESOLUTION NO. 77-224 .
RESOLUTION AWARDING CONTRAC!' TO
L.L. FELLING CO. OF IOWA CITY
FOR CONSTRUCTION OF FY78 ASPHALT
RESURFACING CONTRACT:;
AUTTTORIZING 971E MAYOR TO SIGN AND
THE CITY CLERK TO CERTIFY SAID CONTRACT,
AND APPROVING PERFORDL\NCL• BOND AND
INSURANCE CERTIFICA'T'ES
WHEREAS, the bid of L. L. Polling Co.
of _ Iowa City in the amount of , 218•�jS,gS
for the construction of FY78 Asphalt Resurfacing Project
within the City of Iowa City, Iowa, be and is hereby accepted, the
same being the lowest responsible bid received for said work, and,
WHEREAS, L. L. Pelling Co. has furnished
adequate performance bond and insurance certificates for the construction
of the above-named project,
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CI'T'Y OF IOWA CITY, IOWA:
A. The Mayor and City Clerk are hereby directed to execute a contract
with the said L. L. Pelling Co. of Iowa City
for the FY78 Asphalt Resurfacing Project
ot
said contract nto be binding on the City until approved by this
Council.
B. 'Phut the performance bond and insurance certificates for the
construction of the above-named project are approved by the Council.
It was moved by deProsse and seconded by PPrret
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
x
x
x
x
Balmer
deProsse
Foster
Neuhauser
Ferret
Selzer
Vevera
Passed and approved this 28th day of J e 19 77
,� ek",
Mayor Pro Tem
Zx
City Clerk
Rcceivod P, App.oved
By The Legalpartment
315.3
9
0
NOTICE TO BIDDERS
11
Sealed proposals will be received by
the City Manager or his authorized repre-
sentative of the City of Iowa City, Iowa,
until 10:00 A.M. on the 21st day of June,
1977, and opened immediately thereafter.
Proposals will be acted upon by the City
Council at a meeting to be held in the '
Council Chambers at 7:30 o'clock P.M. on
the 28th day of June, or at such later
time and place as may then be fixed.
The proposed improvements will consist
of an asphaltic concrete surface with
necessary leveling: A bituminous seal coat
and surface treatment and miscellaneous con-
struction on streets or portions thereof,
within the City of Iowa City, Iowa.
The kinds of materials and estimated
quantities of materials proposed to be used
in conjunction with said improvements are
as follows:
3939 tons Surface course, Type A
(3/8" mix)
1921 tons Leveling binder, Type A
(3/8" mix)
1865 tons Cover aggregate
3826 gals
37,300 gals
34 each
Tack coat
Binder bitumen
Manhole adjustment
A-1
3153
0
All work is
compliance with
prepared by Buse
0
to be done in strict
the plans and specifications
owa zty, owa, w ich have heretosore been
approved by the City Council,, and are on
file for public examination in the Office
of the City Clerk.
Wherever reference is made to the
specification in the plans or. contract pro
posal, it shall be understood to include
the "Standard Specifications for Construc-
tion on Primary, Farm to Market, and Sec-
ondary Roads and Maintenance Work on the
Primary Road System", Series.of 1972, Iowa
State Highway Commission.
Each proposal shall be made on a form
furnished -.by. theCityand mustbeaccom-
panied by a check drawn on, and certified
by, an Iowa Bank and filed in a sealed
envelope separate from the one containing
the proposal, and in the amount of $15.000
made payable to the City Treasurer
t- e City of Iowa City, Iowa, and may be
cashed by the Treasurer of the City of Iowa
City, Iowa, as liquidated damages in the
event the successful bidder fails to enter
into a contract within ten (10) days and
post bond satisfactory to the City insur-
ing the faithful performance of the contract.
Checks of the lowest two or more bidders
may be retained for a period of not to
exceed fifteen (15) days until a contract
is awarded or rejection made. Other
checks will be returned after the canvass
and tabulation of bids is completed and
reported to the City Council.
Payment to the Contractor will be made
in cash from such funds of the City that
may be legally used for such purposes on
the basis of monthly estimates in amounts
equal to ninety percent (90%) of the work
accomplished as outlined in "Method of
Payment".
By virtue of statutory authority; pre-
ference will be given to products and pro-
visions grown and coal produced within the
State of Iowa, and preference will be given
to Iowa domestic labor in the construction
of the improvement.
A-2
0 0
The successful bidder will be re-
quired to furnish a bond in an amount equal
to one hundred percent (100%) of the con-
tract price, said bond to be issued by a
responsible surety approved by the City
Council and shall guarantee the prompt
payment of all materials and labor and
protect and save harmless the City from
claims and damages of any kind caused•
by the operation of the contract, and shall
also. guarantee the maintenance._ of. the _._.
improvement for a period of 1 years
from and after its completionandaaccep-
tance by the City.
The work under the proposed contract
will be commenced within 'ten ( 10 )
days after signing of the contract and
shall be completed September 1, 1977
Time is an essential element of the
contract_. Liquidated damages in the amount
of One Hundred Dollars
($100.00 ) will be assessed in accor-
dance with "Base Specifications" Article
1108.08 for each calendar day required for
project completion after the above designa-
ted date.
The plans and specifications governing
the construction of the proposed improve-
ments have been prepared by_ Eugene A. Dietz,
P.E.
City Engineer o
Iowa city,�owa ic�i plans and specifi-
cations, also prior proceedings of the City
Council referring to and defining said pro-
posed improvements are hereby made a part
of this notice by reference and the pro-
posed contract shall be executed in com-
pliance therewith.
The plans, specifications and proposed
contract documents may be examined at the
Office of the City.Clerk. Copies of the
said plans and specifications and .form of
proposal blanks may be secured at the
Office of Eugene A. Dietz P.E. ,
City Engineer .o, owa Ry, owa, by ona
fide bidders.
A-3
The City reserves the right to reject
any or all proposals and to waive techni-
calities and irregularities.
Published upon order of the City Council
of Iowa City, Iowa.
ae to us
City Clerk of Iowa City,
Iowa.
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3�s3
FMLIJTION No. 77-225
RESOLUMON AUTHORIZING EXECIlrION OF AGREEMENT
FOR OVERWIDTH PAVING IN MOUNT PROSPECT ADDN. III.
G
WHEREAS, the City of Iowa City, Iowa, has negotiated an aereement
with Wilbert Frantz, Mt. Prospect III Addn. , a copy of said a re�ement
being atter to s Resolutr.on and s reference made a part hereof,
and,
WHEREAS, the City Council deems it in the public interest to enter
into said agreement for _City payment for all street pavement in excess
of 28 feet for Hollywood Boulevard east of Sycamore Street. This Pavement
will be 32 feet wide, and the City share will be $1600.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed
to execute the agreement with Wilbert Frantz, Mt. Prospect III Addn.
2. That the City Clerk shall furnish copies of said agreement
to any citizen requesting same.
It was moved by Balmer and seconded by deProsse the
Resolution be adopted, upon roll call there fere:
AYES: NAYS: ABSENT:
X Balmer
M_ deProsse
X Foster
X Neuhauser
X Porret
X Selzer
Vevera
passed and approved this 28th da of June r 1977-
/J
L -
Ma i- Pro Tem
ATPEST: X cC
City Clerk
Received & Approved
sy The Legal D ^irt-rnl
31
•
AGREEMENT J
WHEREAS, Wilbert Frantz
is the Developer of Mount Prospect Addition - Part III
subdivision, and Addition to the City of Iowa City, Iowa,
according to the recorded Plat thereof, and
WHEREAS, the City Council and the Planning & Zoning
Commission of Iowa City, Iowa, have required as a condition
of the approval of said subdivision, that the Developer shall
improve Hollywood Boulevard by paving said
street 32 feet wide, back-to-back of the curb, and
WHEREAS, the City of Iowa City has agreed to reimburse
the Developer for the cost of said improvement which is in
excess of 28 feet in width and said cost has been determined
to be less than Ten Thousand Dollars ($10,000.00), and that
no bids are required, pursuant to Chapter 384 of the Code of
Iowa, and the City of Iowa City has determined that the cost
of Sixteen Hundred Dollars
01600.00 ) is a fair and reasonable price for the cost of
the additional pavement required.
IT IS THEREFORE AGREED, by and between that parties as
follows:
1. That the Developer shall contract for the paving of
said street and shall be responsible for seeing that it is
paved, pursuant to the Ordinances, rules, regulations and
specifications of the City of Iowa City, Iowa.
2. That upon completion of the paving improvement and
the acceptance of the work and the street by the City of Iowa
City, that the City of Iowa City shall pay to the `Developer,
the sum of $11.75 per square yard but
not to exceed Sixteen Hundred Dollars $1600.00 as full
payment for its share of the improvement in excess of the width
of 28 feet.
3. It is understood and agreed by and between the parties
that nothing herein contained, nor shall the entering into of
this agreement by the City of Iowa City be deemed to constitute
Hercived R Approved
By The Legal Department
3/sof
0
in any way a waiver of any of the Ordinances, rules, regulations
or specifications of the City of Iowa City, and all of the laws
of the State of Iowa.
ZS tfv
Dated at Iowa City, Iowa, this 71�1 day of ,
A.D., 1977
CITY OF IOWA CITY, IOWA
BY01Ct l (/- Wil" /�Z"(
Mayor RD TEM 1
BY RUL
City Clerk
�/% Cf�-xadVlAc-N�V. �hJ'
i
BY Ze'as
Press ent
By
Secretary
RESOLUTION NO. 77-226
RESOLUTION APPROVING PRELIMINARY AND FINAL
LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR
PLAN OF AMERICAN COLLEGE TESTING PROGRAM, INC.
WHEREAS, the owner,American College Testing Prog., Inch has
filed with the City Clerk of Iowa City, Iowa, an application
for approval for a large scale non-residential development
for the following described premises located in Iowa City,
Johnson County, Iowa, to -wit:
The East 473.22 feet of the Northeast quarter of Section 2,
Township 79 North, Range 6 West of the Fifth Principal Meridian,
Iowa City, Johnson County, Iowa, lying Southerly of the Southerly
right-of-way line of Dubuque Road (formerly Old Solon Road).
more particularly described as follows:
Beginning at the East quarter corner of Section 2, Township 79
North, Range 6 West of the Fifth Principal Meridian, Iowa City,
Johnson County Iowa. (For purposes of this description, the East
line of the Northeast quarter of said Section 2 is assumed to
bear North); thence South 890 58' 00" West 473.22 feet alms Kite
South line of the Northeast quarter of said Section 2 to aoint;
thence North 648.00 feet to a point of intersection with the
Southerly right-of-way line of Dubuque Road (formerly Old Solon
Road); thence South 890 50' 00" East 49.48 feet along said South-
erly right-of-way line of Dubuque Road to the point of curvature
at said road station 34+15.4; thence continuing along said
Southerly right-of-way line of Dubuque Road 512.40 feet along a
480.8 foot radius curve concave Northwesterly to a point of inter-
section with the East line of the Northeast quarter of said
Section 2; thence South 890.51 feet along said East line of the
Northeast quarter of said Section 2 to the point of beginning;
and containing 7.9 acres more or less.
Received & Approvcd
By The Legal Daparfmanl
Xle,
Resolution k 77-226
Page 2
WHEREAS, said property is owned by the above-named
party and XO dedications are required; and,
WHEREAS, the Department of Community Development and
the Public Works Department have examined the proposed large
scale non-residential development and have approved the same;
and,
WHEREAS, the said large scale non-residential develop-
ment has been examined by the Planning and Zoning Commission
and after due deliberation said Commission has recommended
that it be accepted and approved.
WHEREAS, said large scale non-residential development
is found to conform with requirements of the City ordinances
of the City of Iowa City, Iowa.
Resolution No. 77-226
Page 3
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
1. That the said plat is hereby approved as a large
scale non-residential development.
2. That the said large scale non-residential develop-
ment shall conform with all the requirements of the City of
Iowa City, Iowa, pertaining to large scale non-residential
developments.
3. That the City Clerk of the City of Iowa City, Iowa,
is hereby authorized and directed to certify a copy of this
resolution to the Office of the County Recorder of Johnson
County, Iowa, after final passage and approval as authorized
by law.
Passed and approved this 28th day of June , 1977
It was moved by deProsse and seconded by Foster
that the Resolution as read be adopted, and upon roll call
there were:
ATTEST:
0
AYES: . NAYS: ABSENT:
x Balmer
x deProsse
x Poster
x NeWiauser
x Perret
x Selzer
x Vevvera
,
Mayor Pro Tem
ity er
AGREEMENT FOR EXCHANGE 01' LAND FOR
STREET REALIGNMENT PURPOSES AND DEDICATION
OF ADDITIONAL LAND FOR RIGIIT-OF-WAY PURPOSES
a Ftk.
THIS AGREEMENT executed this 2 -2nd day of June 1977,
by and between TIME AMERICAN COLLEGE TESTING PROGRAM, INC., an Iowa
nonprofit corporation (hereinafter referred to as ACT) and its successors
and assigns, CITY OF IOIVA CITY, IOWA, a municipal corporation, (here-
inafter referred to as CITY); and
WHEREAS, ACT desires to convey upon request of the City at some
future time a certain tract of land and to dedicate a seven foot wide
strip of land to the City for additional right-of-way at the present
time; and,
WHEREAS, the City desires to obtain said land and to exchange
therefor, at same future time, a similar tract of land presently
located in the City's right-of-way known as the Old Solon Road and
now also known as Dubuque Road.
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS HEREIN CONTAINED,
THE PARTIES AGREE AS FOLLOWS:
1 1. That incorporated into and hereby made a part of this Agreement
is the Large Scale Nonresidential Development Plan now on file with the
City and said Plan shall constitute a reference and identification for
the tracts and strip of land referred to in this Agreement.
2. That a strip of land, seven feet in width, and located as shown
within the proposed forty foot right-of-way on said Plan for Dubuque
Road is, by this Agreement dedicated to the City, in order flint the new
total right-of-way for the said Dubuque Road sha)l be extendrd from its
present thirty-three foot width to forty feet from the centorline.
Received Il, Approved
By Tho I.ec al Dcpartnent
,
D LE D
,IUN2 21977
ABBNE STQLFUS
CITY CLERIC
3is6 1
-z-
3. That ACT shall at .some future time, upon request from the City,
convey to said City the tract of land identified as Parcel A on the Plan.
4. That at the same time and contemporaneous with conveyance of
Parcel A, the City shall convey the tract of land identified as Parcel
B on the Plan to ACT.
S. That it is contemplated that the exchange of Parcel A and B
shall occur at such time in the future as the City determines that it
wishes to realign said Dubuque Road and said exchange shall be without
monetary consideration.
6. That until such time as the exchange contemplated herein is
accomplished, ACT shall have full and unimpeded access to and across
said Parcel A for purposes of ingress and egress and ACT's enjoyment
of same shall not be obstructed by the City.
7. That at the time of the execution of this Agreement, ACT is
purchasing the entire tract shown on the Plan, on a real estate install-
ment contract, and will secure, by separate instrument, the joinder of
the titleholders in the present dedication of the seven foot strip of
land. Said dedication instrument shall then be presented to the City
And made a part of this Agreement.
8. In the event that the City desires conveyance of Parcel A
within ten years, ACT shall do all things necessary to perfect: title
including but not limited to any action quieting title as may be
required.
CITY OF IOWA CITY, IOWA THE MIBRICAN COLUGr TrSTTNG
PROGRMI, INC.
i l
1
by.( it �U(' ,i (�'l by_."- L .
mayor /J f' 7EM '"`Pr—esu—d0%n1:
Attest: �/�LC! JiCA� by �(Olv�h. ✓ ��
City Clerk J Vi e-Prosi(lent, Business
and Finance
0
sTATB OF IOWA )
SS:
COUNTY OF JOHNSON )
I, Robert IV. Janson, a notary public in and for said county,
in the state aforesaid, do hereby certify that Oluf N. Davidson
and Marvin F. Brecht, to me personally known to be president and
1 Vice President respectively of The American College 'Testing Pro-
gram Inc., a -corporation, and also known to me to be the persons
whose names are subscribed to the foregoing instrument, appeared
before me this day in person and acknowledged that as such president
and Vice President respectively they signed, sealed and delivered
the said instrument as the free and voluntary act of said corpor-
ation, for the uses and purposes therein set forth, and that they
were duly authorized to execute the same by the Board of Trustees
of said corporation.
Given under my hand and notarial seal this 22nd/ day of June, 1977.
"ll
Robert W. Jansen, No aiy Public
My commission expires September 30, 1979.
ATT1;S,•
By:/
M?'
l yor rRa
State of Iowa
SS
County of Johnson)
On this aO Ev'�dd(�aay of otic In the year
/577, before me, a notary public
in and for said county of state of
residing therein, duly commissioned and sworn,
personally appeared Carol deProsse known to me to be
the Mayor Pro Tem, and Abbie Stolfus , known to me to be the
city clerk of the City of Iowa City , the corporation
that executed the within instrument, and acknowledged to me that
such corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first abr:e
written.
tu
Notary Public in and for Johnson-
County, State of Iowa
0
AGREEMENT
This Agreement made by and between 'Cho American College Testing
Program, Inc. the owner hereinafter called the "Owner", and the City
of Iowa City, Iowa, a municipal corporation hereinafter called the
"City".
WITNESSETH:
Section 1. Consideration and Covenant.
In consideration of the City approving the proposed Large Scale
Non -Residential Development plan, The American College Testing Program,
Inc., the Owner agrees as a covenant running with the land that the
City shall not issue any building permit on said land unless and until
water mains, storm water facilities and sanitary sewers have been in-
stalled on said land on which building permit has been requested, as
required by the City of Iowa City, Iowa, under its subdivision ordinance
for the installation and construction of public improvements.
Section 2. Construction of Improvements.
All such improvements as stated in Section 1 of this Agreement shall
be constructed and installed by the Owner according to the plans and
specifications of the City of Iowa City, Iowa, with inspections by the
City Engineer or designate. Said inspections shall consist of occasional
inspection of the work in progress, but shall not relieve or release the
Nmer from its responsibility to construct said improvements pursuant
to said plans and specifications.
Section 3. Sidewalks.
The Owner agrees that within one year from the date of the approval
of the Large Scale Non -Residential Development plan, to install sidewalks
along Dubuque Road at least 4 feet in width and according to the plans
and specifications of the City of Iowa City, and with inspections by the
City Engineer or designate as specified in Section 2.
Section 4. Building Permit and Escrow Monies.
It is further provided, however, that in the event the Owner, its
�'�JUN2o21977
4;00'IE STOLFUS
By ;; i.:;; 7 :,fr.::nl CITY CLERK
\..N!
page 2
assigns or successors in interest, should desire a building permit on
said land for which water uains, storm water facilities and sanitary
sewers are not installed, the Owner, 'its assigns or successors in interest,
shall deposit with the City Clerk in escrow an amount equal to the cost
of said improvements plus 10 per cent thereof as determined by the City
Engineer's Office of the City of Iowa City, Iowa. When said funds are
deposited then in that event the Building Inspector of the City of Iowa
City, Iowa, shall issue a building permit provided that the applicant
complies with all other requirements and ordinances of said city.
Section S. Occupancy Permit.
Prior to the issuance of an occupancy permit for any building
erected pursuant to Section 4, the City in its discretion may require
the Owner its assigns or successors in interest, to construct and in-
stall such improvements as stated in Section 1.
Section 6. Use of Escrow Monies.
If after the issuance of an occupancy permit, the improvements as
stated in Section 1 have not been constructed and installed, the City
may use any funds deposited in escrow to construct and install such
improvements. Should the cost of the construction and installation of
said improvements exceed the amount of said escrow, the City shall have
a lien and charge against the land on which said improvements dre made.
The City shall refund to the depositor any escrow monies not used
by the City after the construction and installation of such improvements.
Section 7. Waiver.
In the event the Owner, its assigns or successors in interest, should
sell or convey the land without having had constructed or installed the
water mains, storm water facilities and sanitary sewers; or if the Owner,
its assigns or successors in interest should fail to construct sidewalks,
the City shall have the right to install and construct. said improvements
and the costs of said imporvements shall be a lien and charge against
all the land on which improvements are made and which may be assessed for
improvements under the provision of Chapter 384 of the Code of Iowa. The
n
0
page 3
0
cost of such improvements need not meet the requirements of notice,
benefit or value as provided by law of the State of Iowa for assessing
such improvements. It is further provided that this requirement to so
construct said improvements is and shall remain a lien from date until
properly released as hereinafter provided.
The City agrees when such improvements have been installed to the
satisfaction of the City it will immediately file in the Office of the
County Recorder of Johnson County, Iowa, a good and sufficient release
to the land so that this Agreement will not constitute a cloud upon
the title of the land.
Dated this day of June, 1977, at Iowa City, Iowa.
CITY OF Ia4A CITY By: American College Testing Program, Inc.
.etP%J. P ° Presidents
Mayor Pro Tem
Vice -President for Business and
Finance.
Ci y Clerk
STATE OF. IOWA )
SS:
CpUNTY OF JOHNSON )
I, Robert IV. Jansen a notary public in and for
said county, in tie state a oresaid, o hereby certify that Oluf
M. Davidson and Marvin F. Brecht:
to, me personally known to be president Qtnd Vice President respeti
cvely
of The American College'Testing Propyam PPtpHation, trod also known to
me to be the persons whose names are subscribed to the foregoing instrument,
appeared before me this day in person and acknowledged that .1 such
president and Vice.President respectively they signed, scaled, and delivered
the said instrument as the free and voluntary act of said corporation, for
the uses and purposes therein set forth, and that: they were duly authorized
to execute the same by the Board of Trustees of said corporation.
Given under my hand and notarial seal this22nd day of June, 1977.
Notary P`ulJil i
tty commission expires September 30 , 1979.
BY4l�
/`�\Mar
State of Iowa )
SS
County of Johnson)
On this ay of In the year
19,7-7, before me u-M WQ-Q-•dj-) a notary public
in and for said county of state of
lj-� residing therein, duly commissioned and sworn,
personally appeared Carol deProsse , known to me to be
the Mayor Pro Tem, and Abbie Stolfus known to me to be the
city clerk of the City of Iowa City the corporation
that executed the within instrument, and acknowledged to me that
such corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed
- my official seal the day and year.in this certificatefirst abode
written.
Notary Public in and fo'r Johnson,
County, State of Iowa t'
I ' • 7ti� rte' J UN 2L 19E D
E A S E M E N T ABBIE STOLFUS
CITY CLERK
This agreement, made and entered into by and between American College Testing
Program, Inc., grantor, which expression shall include agents or assigns, and
the City of Iowa City, Iowa, hereinafter referred to as City, which expression
shall include their agents or assigns, witnesseth:
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the receipt of which is
hereby acknowledged, grantor hereby grants and conveys to City an easement for
the purposes of replacement, maintenance and use of sanitary sewer mains as
City shall from time to time elect for conveying sanitary sewer with all necessary
appliances and fittings for use in connection with said pipe lines, together
with adequate protection therefore, including all the area located within ten
(10) feet to either side of the line described as follows:
SANITARY SEWER EASEMENT, AMERICAN COLLEGE TESTING PROGRAM, INC., IOWA CITY,
IOWA
A 20 foot wide strip of land centered on the following described centerline:
Beginning at the East quarter corner of Section 2, Township 79, Range 6 West
of the 5th Principal Meridian, Johnson County, Iowa;
thence South 55° 00' West 19.5 feet to a point (this is an assumed bearing
for purposes of this description only);
thence North 58° 15' West 133.0 feet to a point;
thence North 84° 00' West 264.0 feet to a point;
thence North 110 00' West 231.0 feet to a point;
thence North V 45' West 219.0 feet to a point (hereinafter designated as
Point "A");
thence continuing North V 45' West 112.0 feet to end of centerline herein
described.
also beginning at point "A" as previously described;
thence South 81° 00' East 252.0 feet to end of centerline herein described.
Grantor further grants to City:
1. The right of grading said strip for the full width thereof and
to extend the cuts,and fills for such grading into and on said lands
along and outside of said line to such extent as City may find
reasonably necessary;
Rec:ived & Approved
By Th: Legal D,p rtmenl
SHIVE-HATTERY B, ASSOCIATES
3is6
0
-2-
2. The right to support said lines across ravines and watercourses with
such structures as City shall from time to time elect;
3. The right from time to time to trim and cut down and clear away any and
all trees and brush now or hereafter on said strip and to trim and to cut
down and clear away any trees on either side of said strip which now or
hereafter in the opinion of the City may be a hazard to said lines or may
interfere with the exercise of City's rights hereunder in any manner;
provided, however, that all trees which City is hereby authorized to cut
and remove, if valuable for timber or wood, shall continue to be the
property of grantors, but all tops, lops, brush and refuse wood shall be
burned or removed by City;
4. The right of ingress to and egress from said strips over and across
said lands by means of roads and lanes thereon, if such there be;
otherwise, by. such route or routes as shall occasion the least
practicable damage and inconvenience to grantors; provided that
such Fight of ingress and egress shall not extend to any portion
of said lands which is isolated from said strip by any public road
or highway now crossing or hereafter crossing said lands;
5. The right to install, maintain and use gates in all fences which
now cross or shall hereafter cross said strips;
6. The right to mark the location of said strips by suitable markers
set in ground; provided that said markers shall be placed in fences
or other locations which will not interfere with any reasonable use
grantor shall make of said strips.
a) City shall not fence said strip;
b) City shall promptly backfill any trench made by it on said
strip and repair any damage it shall do to grantors' private
roads or lanes on said lands.
c) City shall indemnify grantors against any loss and damage which
shall be caused by the exercise of said ingress and egress, con-
struction, and maintenance or by any wrongful or negligent act,
omission of City or of its agents or employees in the course of
their employment.
Grantors reserve the right to use said strips for purposes which will not interfere
with City's full enjoyment of the rights hereby granted; provided that grantors shall
not erect or construct any buillding or other structure, or drill and operate any well,
or construct any reservoir or other obstruction on said area, or diminish or sub-
stantilly add to the ground cover over said pipe lines.
Grantors do hereby covenant with City that they are lawfull seized and possessed
of the real estate above described; that they have a good and lawful right to
convey it, or any part thereof.
The provisions hereof shall inure to the benefit of and bind the successors and
assigns of the respective parties hereto, and all covenants shall apply to
and run with the land.
-3 -
Dated this Ist . day of June, A.D., 1977.
GRANTORS American College Testing
Program, Inc.
Iowa City, Iowa
STATE OF IOWA
SS
JOHNSON COUNTY
On this 1st day of June, 1977, before me, a Notary Public in and for the State
of Iowa, personally appeared Marvin Brecht , to me personally known to be
the person who executed -the above and foregoing agreement and acknowledged the
execution the same to be his own voluntary act and deed.
WITNESS my hand and Notarial Seal this 1st day of June,1977
MLK/Jbw
NotaryPufil�nd For the State of Iowa
SHIVE•HATTERY&ASSOCIATES
RESOLUTION NO. 77-227
RESOLUTION ACCEPTING PRELIMINARY PLAT'
FOR LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN,
PLANNED AREA DEVELOPMENT PLAN AND PLAT OF
TY'N CAE ADDITION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY. IOWA, that the
approval of the preliminary plat fbk Lame Scale Residential Devel-
nnment Plan. Planned Area Development Plan and Plat of TIn Cae _
that waivers be granted to that: ated by a horizontal
(a) buildings need not be separ
of the highest building,
distance equal to the height
and
(b) a turn -around on Cambria Court need not meet the
requirements of the Subdivision Code with respect
to the diameter of the turn -around;
It was moved by
deProsse and seconded by Balmer
that the resolution as read be adopted and upon roll call there were:
AYES: NAyS: ABSENT: Balmer
e rosse
x
x Foster
x Neu auser
x Perrot
x elzer
x evera
Passed and approved this �a«i_ day of June 197 7•
MAYOR 1'X4 TGM
ATTEST: Received & Approved
CITY CLERK By The Legal Dapartm nt
5 4-58
A
RESOLUPION N0. 77_228
RESOLUTION AUTHORIZING AN AMENDMENT TO THE AGREEMENT
BETWEEN THE CITY OF IOWA CITY, THE IOWA CITY LIBRARY
BOARD AND THE AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, LOCAL 183, AFT, -CIO.
WHEREAS, the Agreement between the City of Iowa City, the Iowa City
Library Board of Trustees and the American Federation of State, County and
Municipal Enployees, Local 183, AFL-CIO set the date on or before which
notice is to be given to reopen their agreeirent for FY 79 at August 15, and
WHEREAS, the parties mutually agree to extend the date on or before
which notice is to be given to August 30, 1977.
NOW, MMEFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
IOWA CITY:
1. That the Mayor Pro Tem and the Negotiator are authorized to sign,
and the City Clerk to attest, an airendment to the agreement which is
attached hereto and by this reference made a part hereof.
2. That the Mayor Pro Tern is hereby authorized to sign, and the City Clerk
to attest, this resolution.
It was moved by deProsse and seconded by Perret
that the Resolution as read be adopted, and upon roll call there there:
AYES: NAYS: ABSENT:
X
Balmer
X
deProsse
X
Foster
X
Neuhauser
X
Perret
X
Selzer
X
Vevera
Passed and approved this 28th day of Ju
1977.
00.'a w. dQ 4A�J'0�
MAYOR PRO TIM
ATTEST:
CITY CLERK
RECEIVED &APPROVED
BY THE LEGAL DEPARTMENT
3
1
AMENDMENT TO
AGREEMENT
BETWEEN
THE CITY OF IOWA CITY,
THE IOWA CITY LIBRARY BOARD OF TRUSTEES
and
THE AMERICAN FEDERATION OF
STATE, COUNTY, AND MUNICIPAL EMPLOYEES,
LOCAL 183, AFL-CIO
We mutually agree to extend the date on or before which notice is
to be given to reopen our above entitled agreement for FY79 (beginning
July 1, 1978) to August 30, 1977.
DATE /
THE CITY OF IOWA CITY: THE AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES,
•� AFL-CIO, LOCAL 183:
BY: • I �C� __ �!��� BY:
Carol deProsse, Mayor Pro Tem
BY: (0
,Gl-')a. / h�P1r'IUti.
Candy Morgan, Negotiator
ATTEST: , _ i
Abbie Stolfus, City C erk
LIBRARY BOARD OF IOWA CITY, IOWA:
BY :
Presider.
BY: Gnfi(��/ GSUiI GrGr:/
Sdcretary
BY:
"Ve 17
t MCEIVED k APPROVED
00 LEOAL DEPART1 NT
ROLUTION N0. 77-229 -A-ce-Z-17
RESOLUTION AMENDING SALARIES AND COMPENSATION FOR
CLASSIFIED PERSONNEL, RESOLUTION NO. 77-215 >
AND PROVIDING FOR VARIOUS POSITION C=6
WHEREAS, the City of Iowa City, Iowa employs certain
classified personnel, and
WHEREAS, it is necessary to amend the classification
plan included in Resolution No. -77-215
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL
OF THE
amended
CITY OF IOWA CITY, IOWA, that Resolution No.
by:
1. Removing the position of Buyer from pay range 6
and adding this position to pay range 7.
2. Removing the positions of Recreation Program
Supervisor and Therapeutic Recreation Specialist from pay
range 7 and adding those positions to pay range S.
3. Establishing the position of Plan Checker with a
salary range of $896 to $1112, current range 10.
It is moved by Foster and seconded by Perret
that the Resolution as read e adopted and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x de Prosse
x Foster
x Neuhauser
x Perret
_ x Selzer
x Vevera
Passed and approved this 28th day of June 1977.
r(.J
Mayor Pro lem
Ui–t—y–C-1—eric
RECEIVED & APPROVED
BY THE LECAI,.DEPABTMENT
. 3iGo
RESOLUTION NAMING DEPOSITORI*
Iowa Official Form No. 697 Section 453.2 of the Code
Resolution No. 77-230
BE IT RESOLVED by the City Council of
(Insert here board of supervisors, lownshlp trustees, board of school directors, city council, or other governing body)
the City of Iowa City, in County, Iowa: That we do hereby designate
(Insert here county, township, school district, city, or other political subdivision)
the following named banks to be depositories of the City of Iowa City
(Insert here county, township, school district, city, or other political subdivision)
funds in amounts not to exceed the amount named opposite each of said designated
depositories and the City Treasurer is herchy4 authorized to deposit
(Insert hare county treasurer, township clerk, school district treasurer, city treasurer, or other legal custodian)
the City of Iowa City funds in amounts not to exceed in the aggregate the
(Insert hare county, towmhl P, school tllstritt, city, or other political subdivision)
amounts named for said banks as follows, to -wit:
Maximum Deposit Maximum Deposit
NAME OF DEPOSITORY LOCATION in effect under prior under this
resolution resolution
First National Bank 204 E. Washington (f 210001000 ) S 4,000,000
Aawkeye State Bank 229 S. Dubuque (f 2,000,000 ) S 4,000,000
Iowa State Bank & Trust 102 S. Clinton (S 2,000,000 ) S 4,000,000
The vote on the resolution is as follows:
AYES: NAYS:
Perret
Selzer
Vevera
Balmer
deProsse
Foster Neuhause
(f ) S
(S ) S
None
Mayor Pro Tem
Dated at Iowa City ,Iowa, this 28th /J d/aof June ,1977
SEAL (Secretary, Clerk or County udltor)
NOTE: The foregoing resolution should be certified in duplicate to the Treasurer of State, after approved by him, his findings will be endorsed on
one copy, which will be returned to the proper officer for his files.
Section 453.1 De
ppairs ingeneral. All funds
held In the hands of the following officers or
institutions shall be deposited in banks as are
fust approved 6 the a propriate governing
body as indicated: For the treasurer of nate,
by the executive council; for the county trea.
surer, recorder, auditor, sheriff, township clerk,
clerk of the district court, and Judicial magic-
true, by the board of supervisors; for the city
treasurer, by the city council; for the county
Public haspital or merged area hospital, by the
hoard of hospital trustees; for a memorial hos•
CP•C45647 n/76
pital commission; for a school corporation, by
the board of school directors; provided, how•
ever, that the treasurer of state and the trea•
surer of each political subdivision shall invest
all funds not needed for current operating ex.
pensee In time certincates of deposit In banks
listed as approved depositories pursuant to this
chapter or In investments permitted by section
452.10. The list of public depositories and the
amounts severally deposited therein shall be a
matter of public record. The term --bank--
means
bank"means a bank or a private bank, as defined in
section 524.103.
Section 453.3 Increase conditionally pro.
hibited. The maximum amount so permitted to
be deposited in a named bank shall not be in.
creased except with the approval of the trea•
surer ofstate.
Section 454.6 Duty of freasweu, It shall be
the duty of all school treasurers, city trea•
surers, or other financial officers designated by
the city council, and township clerks of the
county to keep on file with the county trca•
surer a list of such depositories.
. 410
-COMM Gc[. �• /'JJ/yjKAI
CIVIC O IOWA CIY. E.WA 5224D NST.
IOWA 103 40NA 5371D
e
c y � 31045/-1800
m
IOW[. CI[Y,'ATYI'
.....w.,•July S, 1977
Maurice E. Baringer
Treasurer of State of Iowa
Des Moines, Iowa 50319
Dear Mr. Baringer:
After review of your letter by the Finance Director and the City
Council, our deposits were raised to $4,000,000 for each of the
three depositories.
Enclosed please find the two executed and certified copies of the
Resolution Naming Depositories adopted on June 28, 1977.
Thank you for your letter.
Yours very truly,
Abbie Stolfus
City Clerk
k
Enc. /
cc/Finance v
3/0 11
k . 16
CITY BUDGET AMENWIENT AND CERTIFICATfON RESOLUTION
TO the Auditor of County, Iowa, V In hr L.St ite V'mq eller:
Eb
The Council of the City Of q:'tyl :1 014il ... in saidi vitilMlet oil
77, a, .... . . P. it copy (T n11 IS1 i c P, ( ncCulltilMlics Oli.,i
Aline .... I the pluve and hour set ill ill(- notic
certificate and is codified w; to ImM I'll tin". IJI-011 Lit) tit,- 111olios'.'I attlelidn't-lit, it was cunnid rs were
nw"I'l 6alw
heard for or rlgai;':lt the Aulelldlues", as follows: NONE-
................ .. . .. ........... -- .. .... .... .. . .. ..... . ... .... . ....
I-- .... I.." ......... .. . .... .. S—A��
.......... ..... .. ............... .. ......... .. COUNTY AUDITOR
........... .... ... . .............. ........
The Council, after hearing all tnxI)jjycl-s wisIflng, to he heard and considering the slalelliell(s Illadu by thells, gave final con-
si&ratinn in the proposed amendments) to the budget. and modifications proposed I at the healing. if :111Y'. Thereopm, tile
following re--ollition was introduced; RI.,,soj,u,rio,\s ND. .. 77-23l ..............
77
A RESOLUTION AMEDING THE CURRENT BUDGET ['OR THE. MCAL YEAR ENDING JUNE 30. 19� ......... (As
A'MENDED LAST ON ...... .. . . .,. ., 10.76 .)
Be It Resolved by the Council of OIL City of - .... T0391l..Ci.ty . .... . I Iowa:
Section 1. Following notice published........._._._.._June-I.G..... - ....... � . .- - - I ... - . . . - 1 1f07. ,and the public henrinir held
June 21, 19...7-7, tile cal.1,11t budget (:Is llj-,vj()jlsIy ,tended) is aisicilded as, set
...............
out herein:
Section 2. The cash balnuces and revenue c-sthinates are amended as fellows:
Fluid
Caneril New available balance . . . . . .
Debt Service
C�rii ....................... t a I P r o j
Enterprise
.............. .
Utility
New total revenue estimate
New available balance
I New0
I tal revenue estimate
New available balance . -
New total revenue estimate
Now availabli, balance . .
New total revenue estimate
.... 8.34.,1.145 --- - ...... ..... ..........
$ 4G,8GU...... ....
$ 7,5 .1,1.17
2.12-21171 .. . .... . .........
1,640,358
$ . ...........
4,651,751
$ .. .. ... ....
$ ............. . ... ......... .... .. ... ..........
Section 3. The following changes (transfers of alilirorwhiLions between Prugrains, and increases in total appropriations) are
hereby authorized:
Program
Community Protection
Ifunian Development (or)
Mental & Physic lleall,11 S.P.
Education & Culture S.P.
Leisure Time Opportunities S.P.
Home and Community Environment (nr)
Physical Environment S.P.
l"'collorillit Nvell-Being S.P.
TriMSIMOUV011 S.P.
Policy At Administration
Change Approlwiatios
!roll, $
3,101,939
. to $.
. . 3, 11.3, f3O8..
fl.011, $.
1,591,678
... to $ ........
1,60,0-16 .............
front $
to
.. - .... ............
from $
to
... .......................
from
to
.. .......... ............
from
11,878,257.__....._..
to $......13,29!1,,304
.............
from
.. . ....
to
from $
to $
... .. . ...... . .........
rroni, .
..... .... . .
to $.
. ... ... . . .... .....
front $
._.2,.004,189
to $ .....
.... .... .........
Passu( this .....28th .. ....... .. .... day of ...........__._Jane........................ .. .. ..... ........_., 19 77......
t - J-c.gkw�....
i ay, pro im
Moved by Balfrer, and seconded by deProsse, that the ordinance be adopted, and upon roll
Attest:. Call there Were: Vote (IiA by anniv.4):
Ayes: .. p —Selzer'.. Vevera, .................
deProsse, Foster, Neuhauser
..... ..........
None
. ... . ...... ... I ..........
Ci s' Clerk
I hurbv ccrtify flia above trnnsartion% In be it true c,,I,y or the iwoovvdlnjs of Ow rile colln(ii cud fit.. rei.c,lutions passed in
the 0jovi, mitter.
Ir/ ....... . ... ........ .
I
An overall inrri-ns-, it, the 1,11111"M or a un;"r chaug'. in the proposed 11-ansfel-4 ljvtw,-c., linii"-ainu w.viall will zeiluire it new
notice and hearing.
/6z
iaru Ott inial Penn No. r.5'bC it•... np•1
A51rN1)AlENT 0P CifRItENT CITY I:IIUCI:'1'
N 0 T I C Ii
The Council of the City of _ Iowa City,_ TO•na in ,Tohnsolt sunt.
(mune(s) of county or ("antics)
Iowa, will meet fit the Civic Center at 7:30 pin oil June 21 Irl 77
...--(pl ace of meeting) (hour)
... (hour)
for the Purpose of nnuaulim,; the current LudgeL of ILC city for the Cixeld year clling.lune 3t1, 1x77 , by rhan;;inr rstimales
of revenue anti expentliture appropriulions in lLe following funds and pragrom:s unit for lite following rrn::nlls:
Bund Change in Revenue E." imntes
General Avnilnble balance frmn $ 752,34.4 .. to $ 834,145 . , ..
Current revenue estimate from $ .....7,,336,000 to $ 8,369,763
Total from $.._......_8,088,.344... to $ .9,2031908._.
to permit the expenditure of unanticipated unencumbered cash
Itcason:....._.halances and unanticipated receipts
Debt ServlCe Available Lnlance from $..... .._._. .44,G83__..._ _ to $., 46,860
................._........... .. ........_.. ..... ......., _....
Current revenue estimate from $............6,228,532... to $ 7,474,357
Total front $ 6,273,215
.... .. '. to $ 7521,... .217. ..... ..
to permit the c penditure of unanticipated unencumbered cash
Reason:...... Valances and unanticipated receipts
Enterprise
Utility
4,311.,9 4,651,
Total frmn $._...... ..21. ... _. In $ .. .. __ %51 .. _.. . _........
to permit the expenditure of unanticipated unencumbered cash
halp
ances and unanticipated receipts
.. Itcuxon:...................................... __..._.. ..._.. ._. .. .... ._ .. .. _._ .. _... _.. ..._.
There will he no increase in his levies to he paid iu the currcut fiscal ycnr maned above.
Program Change of Rapendinit'c APProprialiuus
Community Protection frmn $ . .3,10].,939 to $ 3 17.3,D08
y. . .... .............
_ to permit the expenditure of unanticipated unencumbered cash
pts
I:cnaon:............ _...... bal.anccs and unanticipated ,recL.
Human Development ft•ulll $ _ ,1,,591,678. .._ to $.. 1,607,046
to permit the expenditure of unanticipated unencumbered cash
Reason: ............... bals
ances and unanticipated receipt .
...................._... .. ..... .. ...
]tonic lull Community from S. ,. 11,878,257 to R 13,294,304
to permit the expenditure- of unanticipaLed unencuil6ered cash
Benson:........_......_._halances and unanticipated receipts .... .. .. ....... ............
.................................. .. ...._..__ ..._...__... _ ........ .
1,
Available balance Iron $_. _...... .., .417 52.8 1,
. ... .. _.....__...._.._..640, . ..... 358.. .. ..........._
011,
Current revenue estimate from $.... _.. .. __.. .__ .. _........... to $.. 2,894,393 3 , 393 .. ..... .....
Policy and Administr:dion frons $."_.__.._,2,004,189 2,7516,982
to permit the. expenditure of unanticipated unfencumbered cash
Reason: ........... _........ balances and unanticipated receipts
Any iurrense hl expenditures set out above will he met from the increased nmt•pruperty tax rvvcauev mud wash Lnlunce; not
hudgeted or eonsfi ered in this current hulget. 'I'Lis will provide for a Lshuu•ad Ludgrt.
J. (..-
L
City clerk .a
Instructions: Puhlish only thoac lines which are uriv(l for specific fundi or proi;rams nod which ury filled fit. The above form
of notice may he Can column will(, and alay inchale one or more funds. It must Le published not. less Ilam flour N) days
before the hearing, provided that, in rities of I.•xA than 'Lan papulotion loll in such cities only, such antive map• To. postal in
throe public places. After the public hearing The cuuucil s6ull adapt Ly resolnlions Ihv ault•nllumolus finally dvlvrmined
which action xhuu be nude a matter of recent For detailed iufarnlntiom, sea Chapter :1.41, division II, (:fill,. of Iowa.
Certification of Puhlir:dine: 1 hereby avtify thou th.• nlove notirr was published (po;teil in Ihrre puhlio plorec as estnb-
IIAlle'l by ol'(lillllnve) In 1' _ (. •- .• i. / .
(avian of n.wspnper) ,
nil
i
City Clerk
C MMgC[ • z
///y� CIVIC CENIEF. 410 E WASNINGION ST.
oW K IOWACITY.IO181X) VVA 0
0
IOwA GRT, IOW[•
June 29, 1977
Tom Slockett
Johnson County Auditor
Johnson County Courthouse
Iowa City, Iowa 52240
Dear Mr. Slockett:
Enclosed please find proceedings required to amend the budget
for the City of Iowa City for the fiscal year ending June 30, 1977,
including:
2 copies of Iowa Offical Form No. 653-C, Amendment of Current
City Budget Notice, and Resolution No. 77-231, Amending the
Budget at the June 26th Council meeting.
2 copies of the Proposed FY 77 Budget Amendments, Receipts
and Expenditures
1 copy of Certificate of Publication from Iowa City Press -
Citizen of Notice as published, which proposes to amend the
budget. Also a certification for a correction of the
amendments to the budget notice.
Yours truly,
Abbie Stolfus
City Clerk
FILED
Johnson Co., Iowa
JUN 3 0 1977
/o:- S A
COUNTY AUDITOR
314 2
F/T
I
0
RESOLUTION NO. 77-232
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
A CONTRACT FOR YOUTH SERVICES IN THE IOWA CITY
AREA WITH YOUTH HOMES, INC.
WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest
to provide youth in the Iowa City area with temporary and long-term, twenty-four
hour care for adolescents between the ages of twelve and eighteen, and
WHEREAS, Youth Homes, Inc., operates a youth shelter and two group homes in
the Iowa City area, and
WHEREAS, the City of Iowa City is empowered by State law to enter into con-
tracts and agreements, and
WHEREAS, Youth Homes, Inc., is a private, non-profit program which is organized
and operates under the State laws of Iowa,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the Mayor be authorized to execute the attached contract and by this reference be
made a part hereof, and the City Clerk be directed to certify the said agreement.
It was moved by Perret and seconded by deProsse
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
Balmer
x
deProsse
x
Foster
x
Neuhauser
x
Perret
x
Selzer
x
Vevera
Passed and approved this 28th day of June 1977.
N_�"o Ld - '�o
Mayor Pro Tem
Attest: Jym�"�tzo
City Clerk
RECEIVED DEPAR mENT
BY THE
363
AGREEMENT
This Agreement was made and entered into this 7,i ',4 day of )Ltvv _
1977, by and between the City of Iowa City, Iowa, a municipal corporation, herein-
after referred to as the "City," and the Youth Homes, Inc., hereinafter referred to
as "Youth Homes," for a one-year period beginning July 1, 1977, and ending June
30, 1978.
Such contract of employment to be subject to the following terms and conditions
and stipulations, to wit:
Youth Homes shall not permit any of the following employment practices:
a. To discharge from employment or refuse to hire any individual because of
their race, creed, color, national origin, religion, age, sex, marital
status, sexual orientation, or disability.
b. To discriminate against any individual in terms, conditions, or privileges
of employment because of their race, creed, color, national origin, religion,
age, sex, marital status, sexual orientation or disability.
I. SCOPE OF SERVICES
The Youth Homes agrees to serve the Iowa City community by providing temporary
and long-term, twenty-four hour care (housing and counseling) for adolexcents who
are children in need of assistance, delinquent children, or children facing a crisis
with which they cannot cope.
II. GENERAL TERMS
1. The City of Iowa City shall pay to Youth Homes for the support of the shelter
and two group homes the sum of $8,000/year with the agreement between the parties that
the said money shall be used toward general operating costs. Johnson County Board of
Supervisors will fund Youth Homes in FY 78 in the amount of $17,703.
2. The City will transfer funds to Youth Homes on September 15, 1977.
3. For the purposes of the Agreement, the director shall be considered an
employee of Youth Homes and any fringe benefits received by the director shall be
through the said Youth Homes. The director of Youth Homes shall adhere to personnel
policies formulated by Youth Homes.
4. Youth Homes, acting as its own agent, agrees to defend, indemnify, and
save harmless the City of Iowa City, Iowa, its officers, employees, and agents from
any and all liability or claims of damages arising under the terms of the Agreement,
or for any wrongdoings caused by the Youth Homes staff including, but not limited
to, injuries to persons or properties served by or coining into contact with the
Youth Homes.
5. Youth Homes shall maintain in full force and effect a comprehensive
liability insurance policy executed by a company authorized to do insurance business
in the State of Iowa, in a form approved by the City Manager. The minimum limits of
such policy shall be as follows:
To cover the insured liability for personal injury or death in the amount of
$300;000 and for property damage of $10,000.
The failure of Youth Homes to maintain such a policy in full force and effect shall
constitute immediate termination of this Agreement and of all rights and privileges
contained herein.
6. The Youth Homes will provide an accounting at the end of the contract
period.
7. The Director for Youth Homes will submit quarterly progress reports to
the City Council of Iowa City.
8. This contract may be terminated upon thirty days notice by either party.
All outstanding bills are to be paid upon termination within the thirty -day period
and with no liability of the City beyond that thirty -day period.
FOR THE CITY OF IOWA CITY, IOWA:
Carol W. deProsse, Mayor Pro Tern
ATTEST: �,(� l(,.�/ . f A-C�14
Abbie Stolfus, City' -Clerk
YOUTH HOMES, INC.:
ATTEST: '4/ .,,,- 1
i�:w..W�.._____
�' 'ti
AGREEMENTS/CONTRACTS
12 L
Attached are unexecuted copies of (
as signed by the Mayor.
After their execution by the second party, please route
1) l
Z)
4)
5) ��-
,` is to be responsible for
completion of this procedure.
Abbie Stolfus
City Clerk
9
RESOLUTION NO. 77-233
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
CONTRACTS FOR YOUTH SERVICES IN THE IOWA CITY
AREA WITH UNITED ACTION FOR YOUTH
WHEREAS, the City Council of Iowa City deems it in the public interest
to provide assistance to young people in Iowa City who are under stress and
alienated from traditional approaches to youth services and who may possibly
be approaching delinquency, and
WHEREAS, United Action for Youth is an agency which plans and conducts an
Outreach Program to locate youth who are alienated from the traditional approaches
to youth services and help them identify their individual needs and facilitate
meeting the same in the best interest for the individual and the community, and
WHEREAS, the City of Iowa City is empowered by the State law to enter into
contracts and agreements, and
WHEREAS, United Action for Youth is a non-profit corporation organized and
operates under the laws of the State of Iowa,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the Mayor be authorized to execute the attached contract and by this reference
made a part hereof and the City Clerk be directed to certify the said agreement.
It was moved by deProsse and seconded by Balmer
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Balmer
X deProsse
X Foster
X Neuhauser
X Perret
X Selzer
X Vevera
Passed and approved this 28th day of June 1977.
MAYOR PRO TEM
ATTEST:
CITY CLERK
Received & Approved
By TI,! Legal Department
E
0
AGR M -1M T
0
TE1I$ AGREB, MiT made and entered into this ,2,Y CIL day of
1977, by and between the City of Iowa City, a
municiVhl corporation, hereinafter referred to as the City, and United
Action for Youth, hereinafter referred to as U.A.Y., for one year beginning
July 1, 1977, and ending June 30, 1978.
NOW, THERENbRE, it is hereby agreed by and between the parties
hereto that the City does retain U.A.Y. to act for and represent it in
all matters involved in the Agreement. Such contract of employment to
be subject to the following terms and conditions and stipulations, to
wit:
U.A.Y. shall not permit any of the following employment practices:
a. To discharge from employment or refuse to hire any individual
because of their race, creed, color, national origin,
religion, age, sex, marital status, sexual orientation,
or disability.
b. To discriminate against any individual in terms, conditions,
or privileges of employment because of their race, creed,
color, national origin, religion, age, sex, marital
status, sexual orientation, or disability.
I. SOOPE Or SERVICES.
U.A.Y. agrees to provide assistance to young people, especially
those who are alienated from the traditional approaches to youth
service, in identifying their individual needs and opportunities
and facilitate meeting the same in the best interest of the individual
with regard for the commmity.
1. U.A.Y. agrees to comprehensively plan and conduct an'Outreach
Program to locate youths who are experiencing difficulty and
serve and assist troubled youth who are identified as being
under severe stress which if not relieved is likely to result
in delinquent behavior.
a. Staff and maintain a U.A.Y. walk-in center which will be
open weekdays 8:30 A.M. to 4:30 P.M.
b. maintain visibility and have planned and purposeful
contract with youth in the conminity.
G. Develop trust and rapport with young people to enable the
Outreach staff to effectively perform their duties.
d. Maintain records of Outreach workers, including youth
contracts, activities and referrals.
J ��
• -2-
2.
2
2. U.A.Y. agrees to provide appropriate Outreach services to
youths as determined by individual needs. Methods used include:
a. Street counseling through personal interaction in the
youth environment, maintaining a relationship with
individuals, assisting them in clarifying their current
needs, and determining a course of action that is in
their best interest.
b. Crisis intervention by seeking out young people experiencing
a crisis situation and be available to alleviate the
impact of a crisis.
c. Identify and utilize available referral services to
assist young people to meet their needs or improve their
current situation.
d. Consult with and refer youth to other agencies in the
community and remain available as a resource when appro-
priate for individual youth. Written records of all
referrals will be maintained.
e. Follow-up on all Outreach provided to young people to
evaluate individual situations and determine if further
assistance is needed.
3. U.A.Y. agrees to provide an evaluation mechanism through
fiscal and program accountability and reporting including:
forwarding all Board meeting minutes to the City Council for
their information. The U.A.Y. coordinator nay be periodically
requested to attend Council meetings when information and
discussion is pertinent to U.A.Y. The U.A.Y. coordinator will
prepare a monthly report which will be forwarded to the City
Council for their information. U.A.Y. will build and establish
working relationships and communications with other/agencies
in the community.
4. Utilize a questionnaire to solicit feedback which will determine
the effectiveness of Outreach Services every six months from:
a. Clients that will (1) reflect how well their needs have
been met, (2) determine whether they fell: the course of
action was in their best interest, (3) determine the
level of trust and rapport.with the U.A.Y. staff., and (4)
determine if gaps in services exist among agencies.
b. Agencies that refer clients to U.A.Y.
C. Agencies to which U.A.Y. referred clients.
5. The City may retain a consultant to survey the Outreach
Program to determine its effectiveness.
J78
• -3 .
6. Individual objectives of U.A.Y. include:
a. Sponsor on Open House at the Friends Meeting House and
invite members from other agencies by September 30, 1977.
b. Participate in workshops and in training sessions to
strengthen Wtreach.
C. Plan two activities a month to promote Outreach and
provide an opportunity for contact and positive inter-
action with youth in the community.
II. GR E8AL ADMINISTRATION U.A.Y. BOARD OF DIRBCIORS
1. The U.A.Y. Board will be responsible for the general adminis-
tration of the program under the terms of the contract including:
the determination of budget, personnel policy, hiring, purchasing,
and the approval of expenditures.
2. Ube City Council will appoint two qualified voting citizens of
Iowa City to serve as voting members of the U.A.Y. Board.
16S WOV�1 1frY��C�
1. The City of Iowa City shall pay to U.A.Y. the sum of $25,780
for FY78.
2. The City will transfer funds monthly to U.A.Y($2,148.33)
3. U.A.Y. Board will maintain accounting and payroll records for
the agency and submit monthly financial statements to the City
Manager's office which include a record of all expenditures.
4. U.A.Y. may use xerox and printing services available at the
City of Iowa City. U.A.Y. will pay the City for such services.
5. Termination of this contract may occur upon 30 days written
notice by either party stating cause.
6. All outstanding bills are to be paid upon termination within a
30 day period with no liability to the City.
7. Any terns or services not included in this contract: are not
the responsibility of the City.
8. United Action for Youth agrees to defend, indemnify and save
harmless the City of Iowa City, Iowa, and its officers,
employees and agents from any and all liability or claims of
damages arising out of or connected with the responsibilities
of U.A.Y. as detailed in the terms of this agreement or for
any torts or wrongdoings caused by the U.A.Y. staff, including
but not limited to any injuries to persons or property served
by or caning into contact with the U.A.Y. program.
S17
•
9. U.A.Y. shall maintain in full force and effect a comprehensive
liability .insurance policy executed by a crnipany authorized to
do insurance business in the State of Iowa, in a form approved
by the City Manager. The minimum limits of such policy shall
be as follows:
To cover the insured liability for personal injury or
death in the amount of. $500,000 and for property dmnage
of $10,000.
The fail.rue of U.A.Y. to maintain such a policy in :full force
and effect shall constitute inrnediate termination of this Agree-
ment and of all rights and privileges contained herein.
Dated this cff` day of 1977.
CITY OF IOWA CITY, IOWA: UNITED ACTION IOR YOUfi*:
i
Mayor Pr/ottem�'�
City Clerk
lircwl. �s�.-.9C ii/('ii
AGREEMENTS/CONTRACTS
Attached are -C�? unexecuted copies of
as signed by the Mayor.
After their execution by the second party, please route
1)
2) �,..
3)
4)
5
is to be responsible for
completion of this procedure.
Abbie Stolfus
City Clerk
- IL
9. U.A.Y. shall maintain in full .force and effect a comprehensive
liability insurance policy executed by a company authorized to
do insurance business in the State of lowa, in a :I'onn approved
by the City Minager. The minilmun limits of such policy shall.
be as follows:
To cover the insured liability for perso al injury or
dei
in the amount of $500,000 and for property damage
of & .000.
Each policy slkall contain the following eliidorsement:
"It is expressly understoodand eed that this policy
shall insure against all claims, its, damages, costs,
losses and expenses resulting ' any manner from, arising
out of or connedted with the operations and conduct of
U.A.Y. activities\y any agent,', officers, or employees
of U.A.Y."
"It is further understood and agreed that before the
insurance policy to which Xhis endorsement is attached
may be suspended or cancelled the City of Iowa City, Iowa,
will be given thirty (36.) days prior written notice of
such proposed suspension\nnact
ancellation. It is further
understood and agreed: thae obligation of this policy
shall not be affected by cor emission of the named
insured, with respect to any condition or requirement
attached thereto, nor by any d fault of the insured in
payment of the premium, nor in he giving of any notice
required by said policy, or othe vise, nor by the death,
insolvency, bankruptcy, legal inc acity, or inability
of the insured."
The failure of U.A.Y. to maintain such a kolicy in full force
and effect shall constitute immediate tornunation of this Agree-
ment and of all rights and privileges contained herein.
Dated this 28th day of June 1977,
/ CITY OF IOWA CITY, IOWA
By:, BY:
AY7EST ` I Mayor Pro tem
01TED ACTION FOR YOUTH
J
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