HomeMy WebLinkAbout1986-08-26 Resolutionrnfrc,
RESOLUTION NO- 86-266
RESOLUTIOI3 TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Dancing Permit as provided by law is. hereby granted
to the following named person and at the following described
locations upon his filing an application, having endorsed
thereon the certificates of the proper city officials as to
having complied with all regulations and ordinances, and
having a valid Class "$" Beer Permit or liquor control license,
to wit:
Highlander Inc., dba The Highlander Inn and Supper Club
Dickson rod ca t ere
it was moved by Zuber and seconded by
that the Resolution as res :e a�tedo and upon
were:
Ambri C��
Baker
CourtneYDickson
McDonald
Strait
Zube�
AYES: NAYS: ABSENT:
Passed and approved this 26th day of Au(m
1916.
ayor
Attest:7� '� >r1�
C yCer
1396
i1fid
RESOLUTION NO. 86=267
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Dancing Permit as provided by law is hereby granted
to the following named person and at the following described
locations upon his filing an application, having endorsed
thereon the certificates of the proper city officials as to
having complied with all regulations and ordinances, and
having a valid Class "B" Beer Permit or liquor control license,
to wit:
Pineapple Management Company dba Holiday Inn - Iowa City
It was moved by Zuber and seconded by Dickson
that the Resolution as regia eadopted, and upon roll -Ma ere
were:
AYES: NAYS:
Ambrisco
x
Baker
X
i
Courtney
X
Dickson
k
McDonald
X
Strait
X
Zuber
X
ABSENT:
Passed and approved this 26th day of August ,
19 gam.
Attest:'g�27i�.{'
City Clerk
ME
WA
I
RESOLUTION NO. 86-268
RESOLUTION AFFIRMING AN EMPLOYEE DISMISSAL
WHEREAS, by authority of Chapter 400.19 of the Code of Iowa and after
consideration of the facts, the City Manager has determined that certain
disciplinary action is appropriate; and
WHEREAS, based on said determination, disciplinary action has been taken;
and
WHEREAS, the City Manager has reported to the City Council the reasons for
such action by the Manager; and
WHEREAS, Chapter 400.19 of the Code of Iowa further requires the City
Council to affirm or revoke such disciplinary measures taken by the City
Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that the disciplinary action taken by the City Manager with
regard to the dismissal of employee !49836 as indicated in the attached
report to the City Council be, and the same is hereby affirmed.
It was moved by Zuber and seconded by Dickson
the -Resolution be a op e , an upon roll call there were:
AYES: NAYS: ABSENT:
Y — AMBRISCO
X BAKER
X COURTNEY
X DICKSON
x_ MCDONALD
X STRAIT
X ZUBER
Passed and approved this 26th day of Aueust 1986.
t
M OR
ATTEST: zTy ,,..) 3")
AlvtAPProv1pd m
NOTICE TO THE CITY COUNCIL
OF DISCIPLINARY ACTION TAKEN BY THE CITY MANAGER
NAME AND TITLE: Employee #49836, Cashier - Parking Systems
TYPE OF DISCIPLINE: Dismissal
REASON FOR DISCIPLINE: Misconduct and Violation of Previous Disciplinary
Agreement
On August 9, 1986, employee #49836 violated the personnel rules of the
city "committing an infraction that the rules state would result in disci-
pline. Employee #49836 had previously been suspended for similar miscon-
duct and at that time signed a disciplinary agreement stating that future
actions of this kind would result in immediate dismissal. As a result,
the employee's employment has been terminated.
When affirmed by the Council, non -probationary employees have the right of
appeal to the Civil Service Commission where a full hearing may be held.
F o L E 0
AUG 25 1986
MARIAN K. KARR
CITY CLERK (1)
RESOLUTION NO. 86-269
RESOLUTION ADOPTING A REVISED FEE
FOR REVIEW OF BOARD OF ADJUSTMENT APPLICATIONS.
WHEREAS, the City of Iowa City has charged certain fees for the processing
of Board of Adjustment applications; and
WHEREAS, the City Council established such fees by resolution, so that
changes .may be made in the amount of fees, from time to time; and
WHEREAS , the City Council has determined that the fee charged for combined
special exception shoulons of a d be rece vised special
nearlonre repreor for sent the than one
incurred by the City for processing the applications. P expenses
NOW, THEREFORE, BE IT RESOLVED that the revised "Schedule A, Fees for
Review of Planning, Zoning and Board of Adjustment Applications," attached
hereto, shall be adopted effective September 1, 1986.
It was moved by McDonald and seconded by Dickson
the Resolution be a op e , an upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X COURTNEY
XDICKSON
X MCDONALD
XSTRAIT
X ZUBER
Passed and approved this 26th day of August
1906.
ATTEST:,/ �/ J
Rrcelved A Approved
By The Lepel Deps enf
Psi �
nAj-•
/1//.t
—f
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SCHEDULE A
FEES FOR REVIEW OF PLANNING, ZONING AND BOARD OF ADJUSTMENT APPLICATIONS
Revised August 26 1986
Subdivision
Preliminary
- Minor*
Preliminary
- Major
Final
Combination
- preliminary/final
Planned Development (PDH)
Preliminary
Final
Combination
- preliminary/final
Large Scale
Residential Development (LSRD)
Preliminary
Final
Combination
- preliminary/final
Large Scale
Non -Residential Development
(LSNRD)
Preliminary
Final
Combination
- preliminary/final
Combination
- PDH, LSR0. LSNRD, or
Subdivision
Preliminary
Final
Combination -
preliminary/final
Rezoning and
Voluntary Annexation
Actions of the Board of Ad ustment
Variance
Special exception
Combination -
variance(s) 6 special
exception(s) or
more than one special
exception action
Other actions
Street Vacations
Disposals of Public Property
*Minor - subdivisions without streets.
$450
$450 + $10/lot
$450
$500 + $10/lot
$450 + $10/lot
$450
$500 + $10/lot
$450
$450
$500
$450
$450
$500
$450 + $10/lot
$450
$500 + $10/tot
$300
$150 (refundable if
$250 granted)
$250 + $50/additional action
(variance fee refundable if
$gran
100ted)
$100
$50 + appraisal costs
+ land costs
FEES FOR REVIEW OF PLANNING, ZONINGDULE AND BOARD OF ADJUSTMENT APPLICATIONS
I
Revised August 26, 1986
Subdivision
Preliminary - Minor*
Preliminary - Major
$450
Final `
$450 + $10/lot
Combinat on - preliminary/final
$450
3500 + Sl /lot
Planned De elo ent PON
i
Preliminary
Final
$430 + f10/lot
Combination - reliminary/final
$450
+ 310/lot
Lar a Scale Resi ntial Development LSRD
/3500
Prelii
Final
$450
$450
Combination - prelimin ry/final
$450
$500
Lar a Scale Non -Resident 1 Develo me LSNRD
Preliminary
Final
$450
Combination - preliminary/fin 1
$450
$500
Combination -PDH LSRD LSN or Subdivision
Preliminary
Final
$450 + $10/ lot
Combination - prelimin y/final
$450
$500 + $10/lot
Rezoning and Volunt r Annexation
$300
Actions of the 0 and of Ad ustment
Variance
$150 (refundable if
Special ext ption
granted)
Other acti ns
$250
. Conbinat n- variance, special exceptions
1 StreetVacat11 o�s
$100
$250 + $50/additional action
$100
Disposals of Public Property
$50 + appraisal costs
3
+ land costs
*Minor - subdivisions without streets.
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5 0 -
RESOLUTION NO. _86-270
RESOLUTION RESCINDING PRIOR RESOLUTION NO. 86-247 AND AUTHORIZING
APPLICATION FOR TWENTY-FOUR SECTION 8 EXISTING HOUSING VOUCHERS AND
REQUESTING FUNDS.
WHEREAS, the City of Iowa City is eligible to receive and has made applica-
tion for Rental Rehabilitation Grant Funds under Section 17 of the United
States Housing Act of 1937; and
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City
Housing Authority who has received an invitation to submit an application for
twenty-four (24) Section 8 Housing Vouchers; and
WHEREAS, the Iowa City Housing Authority presently has a contract with the
Department of Housing and Urban Development to administer the Section 8
Existing Housing Program, contract IKC9033V and wishes to expand that pro-
gram.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the Mayor and City Clerk are hereby authorized and directed to
respectively sign and attest said application to the Department of Hous-
ing and Urban Development for twenty-four (24) Section 8 Existing Housing
vouchers.
2. That said application shall be a request for funds under the Section 8
Housing Assistance Payments Plan for existing units.
3. That the City Clerk is hereby authorized and directed to certify appro-
priate copies of this resolution together with any necessary certifica-
tions as may be required by the Department of Housing and Urban
i Development.
It was moved by McDonald and seconded by Strait
I the Resolution be a op an upon ro call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
X Dickson
X McDonald
X Strait
X Zuber
Passed and approved this 26th day of August 1986.
AlivIl,
Appro , N
ATTEST:_%11Q1// 7
CITY CLERK
131/3
I
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RESOLUTION NO. 86-271
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF TIIE IONA CITY RECREATION CENTER NEAT
RECOVERY PROJECT'
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY
CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT
OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract,
and estimate of cost for the construction of the above-named project was published as
required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That the plans, specifications, form of contract, and estimate of cost for
the construction of the above-named project are hereby approved.
2. That the amount of bid security to accompany each bid for the construction ,
of the above-named project shall be in the amount of ten percent (10% payable to
Treasurer, City of Iowa City, Iowa.
3. That the City Clerk is hereby authorized and directed to publish notice for
the receipt of bids for the construction of the above-named project in a newspaper
published at least once weekly and having a general circulation in the city not less
than four (4) nor more than twenty (20) days before the date established for the
receipt of bids.
4. That bids for the construction of the above-named project are to be received
by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center,
until 10:30 A.M. on the 8th day of s nth, 19�. Thereafter, the
bids wi a opened y the City Engineer or is es gnee, and thereupon referred to
the Council of the City of Iowa City, Iowa, for action upon said bids at its next
meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. ,
on the 9th day of September 1986 .
It was moved by Strait and seconded by Dickson that the
resolution as read be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
X Dickson
X McDonald
X Strait
X Zuber
Passed and approved this 26th day of August 1986 .%
A"6� t2c-Ca�v
MA OR
ATTEST: �� ".,'I
C TY CLE(� RK,(�'J
hrod 8, Ap vea
i}a lip. .rhneM
LCO i��anc.-., c 8�o�o�•G
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Res. U86-272
Iowa City, Iowa
The City Council of Iowa City, Iowa, met in regular session on the
26th day of Aueust , 1986, at 7:30 P.M. at the City Hall in the
City. The meeting was called to order by Ambr PrQi , Mayor, and the
following named Council Members were present: Ambrisco Baker Courtney,
Dickson, McDonald, Strait Zuber
The Council investigated and found that notice of intention to issue
$4,500,000 Industrial Development Revenue Bonds, Series A (Millard Warehouse,
Iowa City Project) had, as directed by the Council, been duly given according to
law.
The Mayor announced that the purpose of the meeting was to hold and
adjourn to the 9_t1i_ day of Sep+tamher, , 1986, a public hearing on
the proposal to issue not to exceed $4,500,000.00 aggregate principal amount of
the City's Industrial Development Revenue Bonds, Series A, (Millard Warehouse,
Iowa City Project), as described by Chapter 419, Code of Iowa, and of the
Internal Revenue Code of 1954, as amended, for the purpose of financing all or a
portion of the costs of acquiring, constructing, improving or equipping
facilities which are suitable for the use of any industry or commercial
enterprise engaged in processing, storing, warehousing or distributing products
of agriculture which will be located within the corporate boundaries of the City
and is further empowered by the Act to issue revenue bonds and loan the proceeds
from the sale of said bonds to one or more parties for the purpose of refunding
outstanding revenue bonds previously issued by the City for the purpose of
acquiring land and constructing a building and other improvements which shall be
suitable for the use of any industry or commercial enterprise engaged in
processing, storing, warehousing or distributing products of agriculture, which
will be located within or near the corporate boundaries of the City (hereinafter
referred to as the "Project", and to loan the proceeds of the Bonds to Millard
Warehouse, Iowa City, a Nebraska General Partnership (hereinafter referred to as
the "Company"). It is proposed that the proceeds from the sale of said Bonds be
loaned by the City to the Company with loan payments sufficient to pay principal
of, interest and premium, if any, on such Bonds as the same shell fell due.
The Mayor then asked if there was any person or persons present to
express views for or against the proposal to issue said Bonds, notice of said
hearing having been published as required by law. Written objections or other
comments were filed by the following:
(List names of persons filing objections and attach copies of same. If none,
insert the word "None").
Wi
RESOLUTION NO. 86-272
PUBLIC HEARING AND RESOLUTION ADJOURNING TO SEPTEMBER 9,
1986, THE PUBLIC HEARING AND THE DECISION WHETHER OR NOT TO
PROCEED WITH THE ISSUANCE AND SALE OF NOT TO EXCEED
$4,500,000.00 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS, SERIES A (MILLARD WAREHOUSE, IOWA
CITY PROJECT) OF THE CITY OF IOWA CITY, IOWA.
WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the
"City"), is a municipal corporation organized and existing under the laws and
constitution of the State of Iowa, and is authorized and empowered by Chapter
419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue revenue
bonds for the purpose of acquiring, constructing, improving or equipping
facilities which are suitable for the use of any industry or commercial
enterprise engaged in processing, storing, warehousing or distributing products
of agriculture which will be located within the corporate boundaries of the City
and Is further empowered by the Act to issue revenue bonds and loan the proceeds
from the sale of said bonds to one or more parties for the purpose of refunding
outstanding revenue bonds previously issued by the City for the purpose of
acquiring land and constructing a building and other improvements which shall be
suitable for the use of any industry or commercial enterprise engaged in
processing, storing, warehousing or distributing products of agriculture, which
will be located within or near the corporate boundaries of the City (hereinafter
referred to as the "Project"), and to loan the proceeds of the Bonds to Millard
Warehouse, Iowa City, a Nebraska General Partnership (hereinafter referred to as
the "Company") for the purpose of constructing the Project, improving the
Project, and refunding Prior Issues; and
WHEREAS, a Notice of Hearing on the proposal to issue not to exceed
$4,500,000.00 aggregate principal amount of Industrial Development Revenue
Bonds, (Millard Warehouse, Iowa City Project) Series A (the "Bonds") of the City
of Iowa City, Iowa, has been published as required by law; and
WHEREAS, a Resolution was adopted on—pumist 2fi
1986
adjourning said public hearing to September 9
1986; and
WHEREAS, a public hearing has been held at the time and place as
specified in said Notice of Hearing and objections or other comments relating to
such Bonds have been heard and it 1s deemed to be in the best interests of the
City that the public hearing be adjourned to September 9
1986 at
the time and place specified in the original Notice of Hearing at which time any
I
tom. �—• --�-RNFENOW
I
and all additional objections or other comments relating to such Bonds will be
heard and the City will determine whether or not to proceed with the issuance of
I said Bonds as proposed.
NOW, THEREFORE, be it resolved by the City Council of the City of Iowa
City, Iowa, as follows:
Section 1, That the public hearing required by the Act and Section
103(K) of the Internal Revenue Code of 1954, as amended, and pursuant to
published notice be adjourned to cantamhar 4 , 1986, at 7:30
P.M. in the Council Chambers, Civic Center, 410 East Washington Street, in the
City.
Section 2, All Resolutions and Orders, or part thereof, in conflict
herewith are, to the extent of such conflict hereby repealed and this Resolution
i' shall be in full force and effect immediately upon its adoption.
t ADOPTED AND APPROVED this 26th day of August , 1986.
CITY OF IOWA CITY, IOWA
(SEAL)
1 �
or
ATTEST:
Cit Clerk
I, the undersigned, being first duly sworn, do hereby depose and
certify that I am the duly appointed, qualified, and acting Clerk of the
aforementioned City and that as such I have in my possession or have access to,
the complete corporate records of said City and of its Council and officers;
that I have carefully compared the transcript hereto attached with the aforesaid
corporate records; and that said transcript hereto attached is a true, correct
and complete copy of all the corporate records in relation to the adoption of
the Resolution to Adjourn and decide whether or not to proceed with the issuance
and sale of not to exceed $4,500,000 aggregate principal amount of Industrial
Development Revenue Bonds, (Millard Warehouse Project) Series A.
WITNESS my hand and the corporate seal of said City hereto affixed
this 26th day of Aug:st , 1986.
(SEAL)
i%InA:�„eJ X 2Snn,�,
City Clerk
(mwiac)
/y/y
RESOLUTION NO. 86-273
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND
CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE
BRIDGE DECK REPAIR PRLUECI (PHASE I) TO CWIER BROS. COaSI'ROC—
WHEREAS, Cramer Bros. Construction Company of Des Maines, Iowa,
has submitted the best bidof 256,957.10 for the construction of the—
above-named project.
IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
1. That the contract for the construction of the above-named project is
hereby awarded to Cramer Bros. Construction Company of Des Moines Iowa
subject to the con It on tat awar ee secure a equate performance bond,
insurance certificates, and contract compliance program statements.
2. That the Mayor is hereby authorized to sign and the City Clerk to
attest the contract for the construction of the above-named project, subject
to the condition that awardee secure adequate performance bond, insurance
certificates, and contract compliance program statements.
It was moved by McDonald and seconded by Strait that
the resolution as read e adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
x Ambrisco
x Baker
x Courtney
x Dickson
X McDonald
x Strait
x Zuber
Passed and approved this 26th day of August , 19 86 ,
ATTEST:'.,_ ) ,(J. 7e.
.
CITY CLERK
Ivod A A proved
0 Legal ft,
s/ao/86
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OFFICIAL PUBLICATION
ADVERTISEMENT FOR BIOS
13RIDGE BECK REPAIR PROJECT PHA5E a)
Sealed proposals will be received by
the City Clerk of the City of Iwa
City; Iowa, an 11 10:30 A.M. an the
19th 'day of Au us[ 1986, and
°maned Iaudlate y t ere. ter by the
City Engineer
PropdSo is will be acted
upon by the City Council at a meeting
to be held in the Council Chambers at
7: 30 P.M. on Au ust 26 1986, or
at sucn later Ire a p ace as may
then be fired.
The work will Involve the following;
Repair and overlay of bridge floors,
overlay or reconstruction of bridge
approaches, repair of Gilbert Street
berm and placement of revetaent and
all other work -as Included in the
plans and specifications.
All work is to be one in strict
compliance,vlth the plans and specifi-
cations Prepared by NNW: Inc.. aM
Brice Petrides.Donohue 6 Asfpt la les
ase. c are ere o are ten
approv y the City Council, and are
on file for public examination In the
Office of the City Clerk.
Whenever reference Is made to the
-Standard Spec i ficat Ions', It shall be
the *Standard specifications for
Highway and Bridge Construction',
Series of 1987, Iowa Department of
Tra,fsportatlrn, Ames, Iowa.
Each proposal shall be completed on a
form furnished by the City and must be
accompanied JA a sealed envelope,
separate fret the one containing the
proposal, by either of the following
farms of bid security: (I) a certified
Or cashier's check drawn on a solvent
Iowa bank or a bank chartered under the
laws of the United States or a Corti.
fled "lhare draft drawn an a credit
unlon in Iowa or chartered under the
lava of the United States, in on amount
equal to 101 of the bid, or (2) a bid
bond e.ec-ut@ by a corporation author.
ized to contract as a surety in the
State III iwa. In a penal sum of 10 i
Of the bid. The bid security sha"e
made payable to the TREASURER OF THE
CITY OF IOWA CIT1, -IM, and shall be
forfeited to the City of lova City as
liquidated damages In the trent the
successful bidder fails to enter into a
contract within ten (10) days and post
bond satisfactory to the City Insuring
the faithful* performance of the
contract and maintenance of laid work,
If required, pursuant to the provisions
of this notice and the other contract
docpnentf. Checks of the (west NO or
more bidders may be retained for a
Period of not to exceed fifteen e.5)
days until a contract Is awarded or
raj etion Is rade. Other checks will
be returned after the canvass and
tabu Tat ion 'af bids is completed and
reportedto the City Council,
Payment to the Contractor will be
made as specified In - the 'Standard
SOeciflCAtlon/', Article 1109.06.
The successful bidder will be
required to furnish a bond In in amount
equal to °non hundred percent (1001) of
the .contract price. said bond to be
issuep bf a responsible surety approved
by the illy Council am shall guarantee
labatrotctnsaitiMor and protect and aveninn
City from calms and dam @I of any
klnd caused by the operation of the
contract, and shall also guarantee the
maintenance of the improvement fa a
periodofwoo ye,r1U from and
after Its 40V a on and acceptance by
r.. r...
The fo?lowlhg limitations shall. apply
The plans, speciflcatTons, and pr—
Posed contract documents ray be examined
at the Office of the City Clerk. Copies
of said plans and specifications and
fore of Froposal blanks may be secured
at the Office of Francis X. Farmer, P.E.,
City Engineer of Iowa City, Iowa, by
hona fide bidders. Return all plans and
specifications to the City Engineer's
Office In good condition within fifteen
(15) days after the opening of bids.
Prospective bidders are advised that
the City of low City desires to employ
minority contractors and subcontractors
on City projects.
The Contractor awarded the contract
shall submit a list ,If proposed
subcontractors along with wantitles,
snit Prices and amounts before starth,g
construction. If no minority business
emterbrises (MBE) are utilized, the
Contractor shall furnish documentation
of all efforts to recruit HBE's.
A listing of minority contractors Is
available and can be obtained form the
Civil Rights Specialist, at the low,
City Civic Center, by calling
319/356.5022.
By virtue of statutory authority,
Preference 0111 be given to products
a„d Prrrislons grown mut coal Produced
within the State of low, and to Iowa
domestic labor, to the extent lawfully
required under Iowa Statutes. The low
Reciprocal Preference Act (SF 2160)
applies to the contract with respect to
bidders who are not Iowa residents.
The City reserves the right to reject
any orall proposals and to walve.
technical atlas and irregularities.
Published on uporder of the City
[f7o=yfUnn+c lel. of low, C1t
Y. low.
r4tM'E AN KARR,�iT� RK
14M July 2610fa•
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RESOLUTION NO. 86-274
RESOLUTION REJECTING BIDS FOR THE CONSTRUCTION
OF THE LANDFILL FORCE MAIN AND LEACHATE PUMPING
FACILITIES PROJECT PROJECT, DIRECTING CITY CLERK
TO AMOUNTUBOFSHBIDOTICE TO SECURITY TOIDACCOMPANYTAEACHHING
BID,
AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
WHEREAS, Sulzberger Excavating, Inc. of Muscatine, Iowa
submitted the one (1) and onl
4,829.50 for t
construction of the Landfill Force iMain and d of 6Leachate Pumping
Facilities Project; said bid exceeded the engineer,
estimate by approximately 24%. s
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
I. That the bid for the
construction of the above -
referenced
project is hereby rejected.
2• That the City Clerk is hereby authorized and
directed to publish notice for the receipt of bids for the
construction of the above -referenced project in a newspaper
Published at least once weekly and having a general
circulation in the City not less than four (4) nor more than
twenty (20) days before the date established for the receipt
of bids.
3. That the amount of bid security to accompany each
bid for the construction of the above -referenced project
shall be in the amount of ten percent (30%) payable to
Treasurer, City of Iowa City, Iowa.
I
4• That bids for the construction of the above -
referenced project are to be received by the City of Iowa
City, Iowa, at the Office of the City Clerk, at the Civic
Center, until 10:30 A.M. on the 25th day of September, 1986.
Thereafter, the bids will be opened by the City Engineer or
his designee, and thereupon referred to the Council of the
City Of Iowa City, Iowa, for action upon said bids at its
next meeting to be held at the Council Chambers, Civic
Center, Iowa City, Iowa, at 7:30 P.M. on the 7th day of
October, 1986.
/7 14 W/
T
It was moved by Dickson and seconded by
Courtney that the resolution as read be adopted,
and upon roll call there were:
AYES: NAYS; ABSENT:
x_ Ambrisco
x_ Baker
x_ Courtney
�Y_ Dickson
x—McDonald
moi_ Strait
_ x Zuber
1986. Passed and approved this 26th day o3 August ,
& MAO,
JO 0 ON NAME M
•
ATTEST: -h' - I,.,%
CITY CLERK
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SHIVE•HATTERY ENGINEERS
Highway 1 8 Interstate 80, P.O. Box 1050 Iowa City
Iowa City, IA 52244 Cedar Rapids
319-354-3040 Davenport
Waterloo
Des Moines
August 20, 1986 Dubuque
Rock Island
City of Iowa City
410 East Washington
Iowa City, Iowa 52240
Attention: Mayor and City Council
Dear Mayor and Council:
Re: Iowa City Landfill Force
Main and Leachate Pumping
Facilities
On Tuesday, August 19, 1986, only one bid for the above referenced project was
received in the amount of 8164,829.50, The bid price was approximately 24
percent over the most recent engineer's opinion of cost.
Upon discussions with the bidding contractor and other planholders, it was
disclosed that the time of completion and the limited suppliers for the lift
station equipment for this project were the prime factors for the lack of
multiple bidders and bid overrun.
In discussions with the lift station suppliers, it was discovered that one non -
bidding supplier would have bid the project if they could have competitively
Purchased the necessary pumping equipment. This was denied since the represen-
tative for the pump manufacturer also represented the lift station manufacturer.
Based on supplier information, the expected delivery time for the pump units
would be approximately 10 days longer than the total project completion time of
60 days.
Discussions with non -bidding contractors also indicated that the completion date
was too short for them with delivery date problems and tight schedules. Several
contractors
timethatrwouldted enable themitobid havehmore flexibilityect if yinameeting9theccontract,
Based on this information, our recommendation would be that the City extend the
completion date and rebid the project. The City should also consider purchasing
the pumping equipment separately and revising the project to include the
installation of owner's pumping equipment which would allow a minimum of two
Pump station suppliers to bid which should make that cost more competitive.
FLH:ceh
cc: Frank Farmer, City of Iowa City
Scott Byram, Shive-Hattery
Sincerely yours,
SHIVE-HATTE Y ENGINEERS, INC.
Francis L. Hallada, P.E.
Environmental Department Manager
CIVIL • INDUSTRIAL • ELECTRICAL • MECHANICAL • STRUCTURAL . GEOTECHNICAL . ENVIRONMENTAL • TRANSPORTATION
/Vad
1ko
ADVERTISEMENT FOR BIDS
IOWA CITY LANDFILL FORCE MAIN AND
LEACHATE PUMPING FACILITIES PROJECT
Sealed proposals will be received by
the City Clerk of the City of Iowa City,
Iowa, until 10:30 A.M. on the 19th day of
August, 1986, and opened immediately
thereafter by the City Engineer.
Proposals will be acted upon by the City
Council at a meeting to be held in the
Council Chambers at 7:30 P.Mon August
26, 1986, or at such later time and place
as may then be fixed.
The work will involve the following:
Construction of a sanitary landfill
leachate pumping station; approximately
8,000 lineal feet of 3 -inch diameter force
main, leachate storage lagoon; manholes;
surface restorations; and miscellaneous
associated work.
All work is to be done in strict
compliance with the plans and
specifications prepared by Shive-Hatttery
Engineers, Inc., Iowa City, Iowa, which
have heretofore been approved by the City
Council, and are on file for public
examination in the Office of the City
Clerk.
Whenever reference is made to the
"Standard Specifications", it shall be the
"Standard Specifications for. Highway and
Bridge Construction", Series of 1984, Iowa
Department of Transportation, Ames, Iowa.
Each proposal shall be completed on a
form furnished by the City and must be
accompanied in a sealed envelope, separate
from the one containing the proposal, by
either of the following forms of bid
security: (1) a certified or cashier's
check drawn on a solvent Iowa bank or a
bank chartered under the laws of the
United States or a certified share draft
drawn on a credit union in Iowa or
chartered under the laws of the United
States, in an amount equal to 10 percent
of the bid, or (2) a bid bond executed by
a corporation authorized to contract as a
surety in the State of Iowa, in a penal
sum of 10 percent of the bid. The bid
security shall be made payable to the
AB -1
NoL(,
—t
7r
TREASURER OF THE CITY OF IOWA CITY, IOWA,
and shall be forfeited to the City of Iowa
City as liquidated damages in the event
the contract within ten (10) days and post
bond satisfactory to the City insuring the
faithful performance of the successful
i' bidder fails to enter into a contract and
maintenance of said work, if required,
pursuant to the provisions of this notice
and the other contract documents. 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 is 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
as specified in the "Standard
Specifications% Article 1109.06.
The successful bidder will be required
to furnish a bond in an amount equal to
one hundred percent (100%) of the contract
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 two (2) years
from and after its completion and
acceptance by the City.
The following limitations shall apply
to this project:
Working Days: 60
Completion Date: November 21, 1986
Liquidated Damages: $150.00 Per Day
Technical questions regarding the
plans, specifications, and proposed
contract documents may be directed to
Scott Byram, P.E., Shive-Hattery
Engineers, Inc., Iowa City, Iowa,
(319)354-3040. Return all plans and
specifications to the City Engineer's
office in good condition within fifteen
( ( 15) days after the opening of the bids.
Prospective bidders are advised that
the City of Iowa City desires to employ
AB -2
/V t w/
minority contractors and subcontractors on
City projects.
The Contractor awarded the contract
shall submit a list of proposed
subcontractors along with quantities, unit
prices, and amounts before starting
construction. If no minority business
enterprises (MBE) are utilized, the
Contractor shall furnish documentation of
all efforts to recruit MBE's.
A listing of minority contractors is
available and can be obtained from the
Civil Rights Specialist, at the Iowa City
Civic Center, by calling (319)356-5022.
By virtue of statutory authority,
preference will be given to products and
provisions grown and coal produced within
the State of Iowa, and to Iowa domestic
labor, to the extent lawfully required
under Iowa Statutes. The Iowa Reciprocal
Preference Act (SF 2160) applies to the
contract with respect to bidders who are
not Iowa residents.
The City reserves the right to reject
any or all proposals and to waive
technicalities and irregularities.
Published upon order of the City
Council of Iowa City, Iowa.
RI N KARR,
VA TY CLERK —'
AB -3
/016
W,
_N�
RESOLUTION NO. 86-275
RESOLUTION APPROVING, AND AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST, A PERMANENT STORM SEWER EASE-
MENT FROM CHARLES A. BARKER OF IOWA CITY, IOWA.
WHEREAS, the City of Iowa City desires to construct a storm sewer outlet on
property owned by Charles A. Barker as part of the North Dubuque Road Im-
provements Project, and
WHEREAS, Charles A. Barker has agreed to grant a Permanent Storm Sewer Ease-
ment in exchange for approximately 34 square yards of P.C.C. pavement for his
driveway that abuts North Dubuque Road.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the Permanent Storm Sewer Easement attached hereto and made a part
hereof is hereby approved as to form and content.
AND BE IT FURTHER RESOLVED that the Mayor is hereby authorized to accept and
sign the easement from Charles A. Barker.
It was moved by Strait and seconded by Dickson
the Resolution be a op e , an upon ro call there were:
AYES: NAYS:
ABSENT:
X
X
Ambrisco
X
Baker
X
Courtney
X
Dickson
X
McDonald
X
Strait
Zuber
Passed and approved this 26th day of _8ueust 1986.
y
A
ATTEST: Iia(/
CIT CLERK
B APPM�u;
r'�J,,a .
F
PERMANENT STORM SEWER EASEMENT
THIS AGREEMENT, made and entered into by and between Charles A. Barker,
hereinafter referred to as "GRANTOR(S)" and the City of Iowa City, Iowa, a
municipal corporation, hereinafter referred to as "CITY."
IT IS HEREBY AGREED AS FOLLOWS:
1. THE UNDERSIGNED Grantor(s) state that he is the owner(s) of certain real
estate to -wit as described in Exhibit "A" attached to this easement and
by this reference made a part hereof.
2. The GRANTOR(S) hereby grant and convey to the CITY an exclusive permanent
easement for the purposes of constructing, operating, maintaining, re-
pairing, using and reconstructing storm sewer in the area described and
shown in "Exhibit A" attached hereto and incorporated by reference
herein.
3. The GRANTOR(S) hereby convenant that they are lawfully seized and pos-
sessed of the real estate described above, and that they have a good and
lawful right to convey this easement.
4. The CITY'shall have the right to make excavations and to grade as it may
4 find reasonably necessary for the construction, operation, repair, main-
tenance and reconstruction of the storm sewer.
• I
5. The CITY shall have the right to trim and remove all trees and bushes
which may interfere with the exercise of the CITY's rights pursuant to I
this Easement; however, if valuable timber is removed, it shall continue
to be the property of the OWNERS.
I
6. The CITY shall have the right of ingress and egress to and from the
easement area by such route as shall occasion the least practical damage
and inconvenience to the OWNERS.
7. The GRANTOR(S) reserve the right to use the real estate above-described
for purposes which shall not interfere with the CITY's or public's full
enjoyment of the rights granted in this easement; provided, however, that
the•GRANTOR(S) shall not erect or construct any building or other struc-
ture, or drill or operate any well, or construct any reservoir or other
obstructions within the easement, nor shall GRANTOR(S) allow or cause any
substantial fill or cut over said easement without the consent of said
CITY, which consent shall not be unreasonably withheld.
B. The CITY agrees to promptly backfill any trench made by it and repair any
damages within the area subject to the easement.
9. The CITY shall indemnify GRANTOR(S) against any loss or damage which may
occur in the exercise of the easement rights by the CITY, except for loss
which may be occasioned by a diminution in business during the temporary I
use of the area for construction, repairs, maintenance and/or reconstruc-
tion.
10. The provisions hereof shall inure to the benefit of and bind the succes-
sors and assigns of the respective parties hereto, and all covenants
shall apply to and run with the land. This perpetual easement shall be
recorded at the time of its execution.
11. The CITY agrees to pave the GRAM'OR's driveway at 1515 North Dubuque Road.
with 6 inch thick non -reinforced portland cement concrete 16 feet wide from
the edge of the street to the property line at no cost to the GRANTOR.
Dated this 29th day of July 1986
NTOR(S) 4{,1
{, CITY OF(I/O/WAA CITY, IOWA
Charles A. Darker / l�am J� mbrisco, Mayor
STATE OF IOWA
COUNTY OF JOHNSON
SS:
ATTEST:
Cit Cler
On this 29th day of Jul , 1986 , before me, the undersigned, a
Notary REic in and or e State of Iowa, County of Johnson, personally
appeared Charles A. Barker , to me known to be
the identical person(s) named in an who executed the foregoing instrument
and acknowledged that they executed the same as their voluntary act and deed.
46 C. w >?u16%'d9
Notary Public n and'for the state of l6wa
My commission expires 9/5/87 Iryl
SeptemMr 5,1%1
STATE OF IOWA )
SS:
COUNTY OF JOHNSON )
On this 26th day of Au san or le t , A.D., 1986 before me, the under-
signed, a 16fary Publ c in State of Iowa, personally appeared
William Ambrisco and Marian K. Karr to me personally known, who,
being by me duly sworn, d d say t at they are the his or
and C't respectively, of sa mun c pa corpora ion
executing t e within and foregoing instrument to which this is attached, that
the seal affixed thereto is the seal of said municipal corporation; that said
instrument was signed (and sealed) on behalf of said municipal corporation by
authority of its City Council; and that the said Mao and
a
as such officers acknow ge a execu on of said
ins rumen o be the voluntary act and deed of said municipal corporation, by
it and by them voluntarily executed.
i�Ma v 1 n
iotary Public n an for sa d County and State
DESCRIPTION OF PROPERTY:
Commencing at a stone located at the intersection of the middle line of the
Dubuque Road and the half section line running east and west through Section Two
(2), T.ownship.Seventy-Nine (79) North, Range Six (6) {Vest of the 5th P.M., thence
west along half section line Six Hundred Seventy Five (675) feet, thence Borth
Five Hundred Eighty Nine (589) feet, thence east parallel with said half section
line to the middle of the Dubuque'Road, thence southwesterly along the middle of
said road to the place of beginning containing 10.14 acres.
DESCRIPTION OF CONSTRUCTION EASEMENT:
Commencing at the NE corner of the above described tract; thence west along the north
property line to the west RUV line of Dubuque Road to the point of beginning; thence
southwest *along said ROW line 90'; thence northwest 25'; thence northeasterly along
a line 251 distant from and parallel to said RaV line to the north property line;
thence Easterly to the point of beginning.
DESCRIPTION OF PERMANENT EASENENr:
Commencing at the SE property line of the above described tract; thence west along
the south property line to the west ROIV line of -Dubuque Road; thence northeast nlong
said ROW line 515' to tine point which is the point of beginning; thence northwest
201; thence northeast 16' along a line parallel' to said ROIV line; thence southeast
20' to a point on said ROIV line; thence southwesterly along said RCSV line 16' to the
point of beginning. 'this easement being
centered on and .:8' either side of the City's
storm sewer.
PROPERTY OWNER: Charles A. Barker
Address: 1515 Dubuque Road
IV,27
'r
CO- r'.At
RESOLUTION NO. 86-276
RESOLUTION APPROVING THE OFFICIAL FINANCIAL REPORT
FOR CITY STREETS AND PARKING AND THE OFFICIAL STREET
CONSTRUCTION PROGRAM PROJECT STATUS REPORT FOR THE
FISCAL YEAR ENDING JUNE 30, 1986.
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Official Financial
Report for City Streets and Parking and the Official Street Construction Program
Project Status Report for the period beginning July 1, 1985, through June 30, 1986,
be approved.
It was moved by Dickson and seconded by Courtney
that the Resolut on be adopted, and upon roll call there were:
AYES; NAYS: ABSENT:
X Ambrisco
x Baker
x Dickson
x Courtney
X McDonald
�LStrait
x Zuber
Passed and approved this 26th day of August 1986.
l R
r ATTEST:
C P.
yr •n�
i fl/ai�P�
/Vak
a
irAM
1
Iowa Deparl.enl of Trane Melon III
Fal. 210015 5.79
�r< OF TagNSQ
C
6 �
W _a_O
IOWA
1
OFFICIAL
STREET CONSTRUCTION PROGRAM
PROJECT STATUS REPORT
FOR
❑ CITIES - Pop. 1,000.4,999 (one-year)
tl CITIES - Pop. 5,000 & over (five-year comprehensive)
CITY IvWe City, Iown
COUNTY Johnson
FROM JULY 1, 1985
TO
JUNE 30, 1986
t 1, Marian K. Karr
city clerk of the City."
of Iowa City I04ra , do hereby cattily that the city council has
•( by resolution approved this official report as Its fiscal July 1, 1285 to June 30, 1986 one•yearlflve•year comprehensive Street Construc•
1
tion Program thil Month AtIM'St , Day 26 , Year 1986,
I
City Clerk _ Mirimt K. Karr 111 ✓ f' j f
MaUing Address 410 S. WIlshins,ton Street IC1Ja City Iowa 52240 !
Daytime Phone No. (319 356-5041 Houregvalleble 0;00 A.M. - S:OD P,bf, j
u,.. cava
Wil IiomAml)risco C/V �, y'l/,.�.._.r
Mayor
MEMBERS OF THE COUNCIL
I
W111i'DII Anulrkco
I .
Larry Raker
narrei C.mirtnev
i
Kntr, Ttick�rnt
Io{ut bk9hnalrt
r�nrrn St��+r
Rrnrst 711hrr
L
iOn or before September 10 of each year two copies of [his report shell be filed with the Iowa Department of Transportation.
I D157RIBUTION'. Whit. •price of banapmltllon Inv; Yallaw - Dar Oapr. Pint • bbnlct Tuntponatlan Pining, Q
/�a2a
`q
R.U.T. S
SHEET 1 OF
CITY Iowa City
Johnson .
COUNTY
PROJECT LIMITS
STATE
;SURFACE
PDRM 2200140410
-
PROJECT STATUS REPORT
'r
STATE
=TYPE OFCONSTRUCTION
"-FUNCTIONAL- ""---`--'"
STREET CONSTRUCTION PROGRAM-"""'"--"---"
1. RIGHT OF WAY
CLASSIFICATION
July 1, 19JOpB 19 86_
. ZORADEAND DRAIN
OA ARTERIAL EXTENSION
Accomplishments —TO 30,
O'PAVE
OS ARTERIAL CONNECTOR EXTENSION
TYPE
-4. RECONSTRUCTION
OS TRUNKEXT. OF
-
.. S. PAVEMENT WIDENING
07 TRUNK CRURAL
Pop. 1,000 • 4,999
S. RESURFACING ,�
. COLLECTOR SYSTEMS
❑
?.SHOULDER WIDENING
10 MUNICIPAL ARTERIAL
1 year program
'- S: SURFACE RESTORATION
_ SYSTEMS -
PO 5,000 & Over
p'
�'. 9. BRINE OR CULVERT ONLY
10. INTERSECTION LIGHITINO
11 MUNICIPAL COLLECTOR
SYSTEMS
W 5 year program
11. STREET LIGHTING
12 MUNICIPAL SERVICE
-
`q
R.U.T. S
SHEET 1 OF
CITY Iowa City
Johnson .
COUNTY
OIUOpullon; WNIIn OIIIu of Tune.Inv.;Yellow. City Copy; Pink. OIe1rcl Planner 3
PROJECT LIMITS
STATE
;SURFACE
PROJECT
TOTAL COST
.PROJ.
STREET
'FUNC.
TYPE OF
LENGTH
(DOLLARS)
NO.
NAME
TO
CLASS.
- WIDTH
TYPE
CONST.
(MILES)
-
COMPLETED
Burlington
507,000 -Const,
1
Street
Bridge over a River
10
Concrete
9
342 X 50
76,000 Desi
57
Railroad
eartlen ro line
0,
.
Crossing
Operator, I Interstate
11,12
Rubber
12
N/A
0
Oy
2
I roveJrents
Railroad Du ue to Clin
on St
Asphalt
�
10
11,
Varies
Asphalt r
'6, 12
3.0
191,000
6-
3 .."
Resurface
OUSC. to ions)
12-
Street10
G
11T
ha
Bricklt
271,000
*'•' "
4
Curb Repair
rmydsc. loca it,ons
1
Varies
Concrete
4
unknown
City crews.
100
5Clinton
St
Washington St '
Concrete
4
0.08
113.000 `
1006
6
Burlington St
Capitol St. I Clinton St.
10
61
Concrete
4
0.08
? 36,000
100•
Bradford St.P,
r 7
First Avenue
Intersection ignalizati
11
-
--
12
N/A
18,000
100
Kirkwood Ave.
ds 'g
w
P Dodge St.
Intersection 3ignalizatior
10
--
-
12
N/A
0
0
107,000
9
Benton Street
Bridge over Iown River
10
-
Concrete
9
476 X S6
Design only
0
�sl�
>
Bridge Deck ver
Flexogrid
ts
.10
urlington S
Ralston Cree
10
Epoxy
9
59X4A
0
Project started
11
uque St.
Park Road own Avenue
10
45
Concrete
4
0.68
July 14 1986
OIUOpullon; WNIIn OIIIu of Tune.Inv.;Yellow. City Copy; Pink. OIe1rcl Planner 3
FORM 2MI4
PROJECT STATUS REPORT
.1
STATE
TYPE OF CONSTRUCTION'---
FUNCTIONAL
STREET CONSTRUCTION PROGRAM
1. RIGHT OF WAY
CLASSIFICATION
PROJECT LIMITS
2. GRADE ANO DRAIN
04 ARTERIAL "TENSION
Accomplishments July 1, 19 85 ToJune 30,19-8b-
3 PAVE
05 ARTERIAL CONNECTOR EXTENSION
-
CRIEWINSTAUCTION
0 TRUNK
S. PAVEMENT WIDENINU
-jEXT.OF
07 TRUNK fAURAI.
poll. 1,000 - 4,999
CRESURFACING ,
I. SHOULDER WIDENING
COLLECTOR SYSTEMS
10 MUN ICIPAL ARTERIAL
❑ 1 year program'
&SURFACE RESTORATION
SYSTEMS
TYPE
'a BRIDGE OR CULVERT ONLY
11 MUNICIPAL COLLECTOR
Pop. 5,000& over
10. INTERSECTION LIGHTING
SYSTEMS
5
II. STREET LIGHTING
12 MUNICIPAL SERVICE
year program
ILMISCELLAINEOUS
SYSTEMS
Gilbert St-
P I
INIVIbullon: Milo -Offl000f T,.* In,; Y.How .01I, Cap,; Pink- 01,0101 PMW41
STREET."
PROJECT LIMITS
STATE
SURFACE
PROJECT
TOTAL COST
NO
NAME
FUNC.
CLASS.
TYPE OF
CONST.
LENGTH
(MILES)
(DOLLARS).
COMPLETED
FROM TO
WIDTH
TYPE
Bridge over I alston Creek
Design
12
Gilbert St-
(Deck pairl
10
Concrete
9
83 X 48
0
West line of
2,
13
Melrose Ave nu)
West. h
SrfNew 218
M
lo
So
Concrete
3
0.52
0
o
Bridge overt eartland
14
Dodge Street
Railroad (Djck Repair)
10
Concrete
9
194 X 52
Or
'Design-,
'O"Piff
Railroad Crossing
is
First Avenue
Ism lMalnenas at Heartland
roa
llr
4S
Rubber
12
N/A
0.
O,:�,
Culvert for creek channel
covin
.16
located t west of
11
Concrete
9
PwRtRat
9
Benton St
Orchard St It
0
0 -S
Bridge over (rzindic R.R.&
Hwy. #6 (deck repair)
17
Woolf Avenue
12
----
Concrete
9
171 X 24
0
18
Dubuque Road
Dodge Street Oakes Drive
12T28
Concrete
4
0.36
0
0
1, 5,
>..0
Dodo Street
DrihuqjRF, Road Gavernar qt
6
1 0.40
0
0
West approx.
~20Taft
Speedway
Dubuque St. 2700 feet
12
.218
Concrete
2, 3
0.55
0
0
Benton Street
„21
Wn=Trek
11110
Intersection si,malizatior,
10
--
10
N/A
0
11�
}P32!
r
22
6ott Blvd.
Court Street6chester
10
31
Concrete
0.95
0
0
INIVIbullon: Milo -Offl000f T,.* In,; Y.How .01I, Cap,; Pink- 01,0101 PMW41
i
. • ` . 'A�T�•L�Y•/�-Jtl ii E' Yv'y� 0�1tiYiYlwSK..-V•Wi./�'�L�^I�IN�+��i'H�Y�FTi/�.Y
y 1 -
I
FORM zx: R U.T.5
Geo PROJECT STATUS REPORT
-
- STATE - ,
'TYPEOF CON5TflUCT10N---FUNCTIONAL''-- --• ----- -'-=- -' STREET CONSTRUCTION PROGRAM-"-''----• `-- -- '- •�
'3'
SHEET — '$_ --
1. RIGHT OF WAY.' CLASSIFICATION OF
Z. GRADE AND DRAIN OI ARTERIAL EXTENSION Accomplishments July 1, 19 85 To June 30, 19 86
3. PAVE
"05 ARTERIAL CONNECTOR EXTENSION
RECONSTRUCTION. as TRUNKlE%T.OF
-5. PAVEMENT WIOENIN4 07 TRUNK RURAL Pop.1,000 - 4,999 ,. CITY Iowa City, IONS
. 9. COLLECTOR SYSTEMS
SHOULDER
I. SHOULDER WIDENING 10 MUNICIPAL ARTERIAL ❑ 1 year. pfeg'
S SURFACE RESTORATION ram
SYSTEMS
:r S. BRIDGE OR CULVERT ONLY 11 MUNICIPAL COLLECTOR Pop. 5,009&OVef
- 1G INTERSECTION LIGHTING - SYSTEMS t_- r
' 11. STREET LIGHTING . `11 MUNICIPAL SERVICE 0 s year program COUNTY `IOi1ASOn
l: 12 MISCELLANEOUS' SYSTEMS
i
`•`PROD '
..' STREET '..
PROJECT LIMITS
...
STATE
; SURFACE
PROJECT
TOTALCOST•-
.'}
NO
NAME
FUNC.
'
TYPE OF
LENGTH
(DOLLARS)
%.
FROM
TO
WIDTH
TYPE -
CLASS.
CONST.
(MILES)
COMPLETED
j
MOanon Trek
'23
1, 2,
Rohret Road
Blvd.
New 218
10
31
Concrete
3
0.28
0
0 '^
r'
1,
p.. / j'.
Y /
DlHrlpulMn Whit' .OIIIcwITnnA Inr; YNlaw CITY C0P1: PInK •plMrld %mnM p I
irI
Ar
IOWA
FORM22pppa DEPARTMENTO TRANSPOaTATION
ypp
1
�1, Iowa Department
Of Transportation
OFFICIAL FINANCIAL REPORT
for
CITY STREETS AND PARKING
i City Iowa Cit
4 County Johnson
From July 1, 1985
to
June 3o, 1986 - -.
a;
Marian Karr`
l
Ioera” city
City clerk of the City
r 1 do hereby certify that the city council hes by resalutlon approved ¢
this report as its official 1986 Fiscal Year Street Finance Report this 26th
August'.. day o19
f - r
? sp I I CItyClark
Mailing Address 410 P W akin 61`on St, , a "+•
��-I Y�mtTa j�24o !1 ,
1:
Dzip CW.
aytime Phone Nc. i31Q1356-5041 d
Hours Av liable 4'00 arm -
I,,., cy9.I 5 00 n m'
LVit Q Q� +.. �/J�(/�� � I�`_ -• . I
William Ambrisco Mayor
Kate Dickson
Members of the Council
Ernest Zuber,.
Osor a Strait'
- Larry Deker
Jghn McDonald
Darras rel t•nev r
On OF before September to, lass, two Copies of this report shall be filed with the Iowa Department of Transportation, ,
r I
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This report conebts of RUT NUMSERa 7i_ 9,jg�_- qn ,
i
en}RIeUTIOM White copy • Omp, pl Tnmpotlelpn lnrmlpn; Y,pne copy • oiptl<t inmpprt,llpn Pl,nn,r; Pln, Ce
Py OplOenmtl CopY-War„hot t
• /y
IOW EPARTMENT OF TRANSPORTATION
189
I-
.,FOrN!22
+ STREET FINANCE REPORT
,
RUT -2A
. FROM ALL SOURCES FOR STREET PURPOSES
City _IOWA Pf C
COLUMN 1 COLUMN 2 COLUMN 3
COLUMN 4
County Johnson
" ' """
Official Census Figure 50,508
ROAD USE GENERAL OTHER
City No. 3 7. 1 'S
TAX FUND ... _ .... FUND FUNDS"
.TOTALS
cemPMled by o.o.T,
"' -' - (ROUND FIGURES TO NEAREST DOLLAR)
A. 1. Ending Balance Last Street Finance Report
146 (966. 704) 19,390.,_(800,801)_-
2. Adjustment (Explain onRUT -2B)
—
800 801)_
.3.
3. Actual Book Balance, July 1, 1965
146
ACTUAL RECEIPTS
'.1.
1
—� (966.704) 19,390,
(800 801)
rl
B Road Use Tax ...........................
1
7,�7 7�
(
2. Property Taxes.........
-
.:
259
...-2,787,526- ,.
j^
3. Special Assessments . .. ................
686 7
---s�,
,$.960 I '.
f.
4. Mist, (Itemize on Next Page) ...............
e)
1 R- 990
- 900
,.•,-:'
'• .
S. Proceeds From Bonds Sold .................
O6
= 309 406
2.140. 00
2 2,140,500 ,
B Interest Earned... ...... .......
—18,294 6.625
24.919
! -
C Total Receipts (Lines 81 thru B6) .
1 ,80 -81 2,728.537 1,262,274._
- i
5.796.625 )
•
D. TOTAL FUNDS AVAILABLE.....
1,952,177
........
(Line A3. Line C)
1,761,837 t831
1, >664,_
4,995:824
t,
ACTUAL EXPENDITURES
E. ,Maintenance,
-
.1.Road way Maintenance . ................
866.376 - -
-
2. Snow Arid ice Removal ,,,,,,,,
164,975
_ 866,376 I . -.
,,,,,,..
6. Storm Sewers „
_ 164,975: "•I -
j
t...............
4. Traffic Services...
297.561
-
S. Street Cleaning... ...............
62.425
297 561
62. 25
F. Construction or Reconstruction
_
t. ,..
En Ineering ...
e
2- Right of Way Purchased
103.776 -
I '
—103 776
...............•
3. Roadway Construction
55.357
55.357
4. Storm Sewers •
14.1 G5 1,208,294
— „� •,,,:
1.222:439
51Tra111cServlces
98at
6—
98,161
6. Sidewalks .......
G. Administration .............
_' 43.316
24
43 316
+
...............
H. saeeiugnting................. ...
0 8
�� 7,683
253,849,
p •;
. l.' Trees : ...
— 25�4
J. 'Equipment Purchased .... ..................
'
K. Misc. (Itemize on Next Page) .............
-
`.
. • •
-, L. Bonds and Interest Paid
..•.••••••••..
Paid on Bonds Retired ....,,,
T. Interest Paid on Bond
A67�R00
A67�500
M. Non -Street Purposes .
438.68
- — 1
_ 438,681 i
+
N. 'Total Expondltutes (Lines E thru M .,.........
1.647 510 1,770.429 1.306.181
4 72b.120 ..,_
0. BALANCE, June 30, 1886,,,,,,,,,,,,,,,
304,817(8,596)(24,517)
271,704
t'
P. TOTAL FUNDS ACCOUNTED FOR.
(Line N. Line O)
11952,327 1.761,033 1.281,664.
41995,824-;.
—
.(•) Road -Use Tax Expenditures (col. 1) for these
six Items must be divided to extension of rural systems, municipal arterial, collector and local
etreels on Form RUT 2-B (••) Debt Service, Project and Special Assessments,
r
Utility Funds, etc. Include the be lances for Funds which are used
entirely for streets. Read Your New Instructions.
1 comomes er o.o
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aIETPIaUTION: WhIN COPY • 011ln of Tnmportalon Inr,hlory; Yellow COPY • Ol,lrlq TNn,PVNenn Planner; Plne COPY- City; OolUenroe COPY • W.001.1
"e
RUT 2.8
,;IOWA OE RTMENT TRANSPORTATION ,
FORM2200aS }14..
',�.; ). . � e t. r - 4 nay ±cvew — ......,.................... , .....:.,•....
r
Line B-4 Totals b:
r• Itemisation of Miscellaneous Expenditures (Line K.) (See Instructions.)
b..f
Line K Totals
1 completed by O.o T.
FT '11
11 adldemed copy• WOnIlh$*l
^ DISTRIBUTION: While Copy•Olen otTnmpenetlpn lnwnlery,Yell.COPY•abblpl Tnneppilelpn PNnner, PO COPY •a Y.
I
STREET FINANCE REPORT
;• municipality, .Irma City ... ..
.. -.
'.CONSTRUCTION
& RECONSTRUCTION
EXPENDITURES FROM ROAD USE TAX ACCOUNT
'(USE FIGURES FROM COL. 1, RUT -2A ONLY)
do Noi�-1
Municipal
compleledhyOO.T. �. Ext. of Rural Systems Municipal Municipal
Collector
,.
Local
Arterial
Trunk
gTrunk Collector - -
Func. Class 05 Func. Class 07 Func. Class 10 Func. Class 11
-
Func. Class 12 Total
A
1Englneering-'
At -.2 RlGht of Way Purchased
14 145
t3. Roadway Construction.
Irp.�;Starm Sewers
y5. Traffic Services
l y B. SIdew"lus ..., ...
14,145
,y. Total
Comments: (Including street expenditures by subdividers.)
itemization of Miseallmeous Receipts (Line E114) (See Instructions)
'
COLUMN 2 COLUMN a -
_moo .� ea ....
s 7.317
�L -.... .._.._.,.,_.....,.....
•,
297.341 1
` ..
Crnnta
51
',�.; ). . � e t. r - 4 nay ±cvew — ......,.................... , .....:.,•....
r
Line B-4 Totals b:
r• Itemisation of Miscellaneous Expenditures (Line K.) (See Instructions.)
b..f
Line K Totals
1 completed by O.o T.
FT '11
11 adldemed copy• WOnIlh$*l
^ DISTRIBUTION: While Copy•Olen otTnmpenetlpn lnwnlery,Yell.COPY•abblpl Tnneppilelpn PNnner, PO COPY •a Y.
I
WA
L,AIowa Department of Transportation
800 Lincoln Way, Ames, Iowa 50010 515/239-1073
Ref. No: 701.229
To: City Clerk
From: Patrick R. Cain, Director
Office of Transportation Inventory
Subject: Project Status Report, Road Use Tax Fund
We acknowledge receiving -the City's Proje Status Report
for the period July 1, to June 30, as required
by Section 312.12 of the ode of Iowa.
PRC:WD:cjh
cc: Transportation Planners
F n 1 1 L E D
21 1988
MARIAN K. KARR
CITY CLERK (1)
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Iowa Department of Transportation
800 Lincoln Way, Ames, Iowa 50010 515/239-1489
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'' j Ref. No: 701.516
TO: City Clerk 01801986
FROM: Patrick R. Cain, Director
Office of Transportation Inventory
Planning and Research Division i
SUBJECT: Street Finance Program - Road Use Tax Fund
We acknowledge receiving the city's Street Finance Report for the
period from July 1, 1985 through June 30, 1986, as required by the i
Code of Iowa, Chapter 312, Section 14. This report, when combined
with those submitted from other cities in Iowa, will provide the Iowa
Department of Transportation and the Federal Highway Administration
with a documented record of street receipts and expenditures in Iowa
cities.
PRC:WD:cjh
cc: District Transportation Planner
OCT 21 1980" D
MARIAN K. KARR
CITY CLERK il)
T
1�
/y.2 9
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RESOLUTION NO. 86-277
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST A
SUBORDINATION AGREE14ENT BETWEEN THE CITY OF IOWA
CITY, IOWA, AND HILLS BANK & TRUST.
WHEREAS, the City of Iowa City is the owner and holder of a certain de-
ferred payment loan which at this time
is in the amount of $3,897.00
executed by Charles K. Ford and Judith L. Ford, dated February 22, 1985,
and recorded
;•,
February 28, 1985, in Book 754, at page 1, in the Johnson
County Recorders Office covering the following described
real estate:
#'
The West 43 feet of the following described tract, to -wit:
Commencing at a the
d<1
point on south side of Outlot 4, in Iowa
City, Iowa, due south of the center
wall of a certain brick
building now situated on said Outlot 4, which point is about 292
feet east of the southwest corner of said Outlot 4, thence west
118 feet, thence north to Ralston
Creek, thence east along
Ralston Creek to a point due north of the point of beginning,
thence south to the point of beginning.
".
WHEREAS, Hills Bank & Trust of Iowa City, Johnson County, Iowa, is about
to loan the
sum of $56,250.0 on a promissory note to be executed by
Charles K. Ford secured by a mortgage covering
g;
above, and the real estate described
WHEREAS, Hills Bank & Trust has requested that the City execute the at-
tached subordination
agreement thereby making' said rehabilitation loan
held by the City subordinate to the lien
of said mortgage about to be made
by Hills Bank & Trust.
WHEREAS, there is sufficient value in the above-described real estate to
secure said rehabilitation loan
as a second lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
That the Mayor is authorized to execute and the City Clerk to attest said
Subordination: -Agreement between the
City of Iowa City and Hills Bank &
Trust of Iowa City, Johnson County, Iowa.
/y.2 9
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`94
It was moved by Zuber and seconded by Strait the Resolution
be adopted, and upon ro ca there were:
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
X COURTNEY
x D I C KSON
R MCDONALD
X STRAIT
ZUBER
Passed and approved this 26th day of August 1986.
M
ATTEST:'
C1 CLERK
P9C+1v*d & Approved
OY � LrpJ� DeAlrAmrd
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SUBORDINATION AGREEMENT
AGREEMENT,made this 26 day of August, 1986, between the
City of Iowa City, Johnson County, Iowa, herein referred to as the
City, and Hills Bank and Trust Company, Johnson County, Iowa.
IT IS AGREED AS FOLLOWS:
WHEREAS, the City is the owner and holder of a certain
rehabilitation loan which at this time is in the amount of $4;330._QO
executed by Charles K. Ford and Judith L. Ford, dated February
22, 1985, and recorded February 28, 1985, in Book 754, at page 1
in the Johnson County Reocorder's Office covering the following
described real estate:
The West 43 feet of the following described tract, to wit:
Commencing at a point on the south side of Out Lot 4, In
Iowa City, Iowa due south of the center wall of a certain
brick building now situated on said Out Lot 4, which point
is about 292 feet East of the southwest corner of said Out
Lot 4, thence west 118 feet, thence north to Ralston Creek,
thence east along Ralston Creek to a point due north of the
point of beginning, thence south to the
Point of beginning.
WHEREAS, Hills Bank and Trust Company is about to loan the
sum of $55,000.00 on a promissory note to be executed by Charles
K. Ford, a single person, secured by a mortgage covering the real
estate described above.
I
1 WHEREAS, to Induce Hills Bank and Trust Company to make
such loan It Is necessary that the rehabilitation loan held by the
city by subordinated to the lien of the mortgage about to be made
by Charles K. Ford, a single person.
For the reasons set forth above, and In consideration of the
mutual covenants and promises of the parties hereto, the City agrees
as follows:
irAd
61
1. Subordination. The City hereby covenants and agrees
with Hills Bank and Trust Company that the above-mentioned
rehabilitation loan held by the City is and shall continue to be subject
and subordinate to the lien of the mortgage about to be made by
Charles K. Ford, a single person.
2. Consideration. In consideration of the City subordinating
the rehabilitation loan held by it to the mortgage of Hills Bank and
Trust Company, Hills, Iowa, Johnson County, shall make the above-
mentioned loan to Charles K. Ford, a single person.
3. Mortgagee. The mortgage to Charles K. Ford, a single person,
shall be in the amount of $55,000.00 with interest at 11 percent due and
payable in monthly installments and the City hereby acknowledges the
notice of the mortgage and acknowledges it as a lien superior to the
rehabilitation loan of the City.
4. Binding effect. This agreement shall be binding upon and
inure to the benefit of the respective heirs, legal representatives,
successors, and assigns of the parties hereto.
ATTEST:
)9&aLa�d 7e tiJ
City Clerk
STATE OF IOWA )
ss
JOHNSON COUNTY)
CITY OF IOWA CITY r
`
Mayor
pecetved S Approved
M
mrd
Lego) g I Pa L
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On this 26th day of August 1986 before me, the
undersigned, a Notary Public in and for the State of Iowa, personally
`
eared a
t PP 1Villiam J. Ambrisco and Marian K. Karr
cto me personally known, who, being by me duly sworn, did say that they
are the Mayor and City Clerk respectively, of said municipal corporation
executing the within and foregoing instrument to which this is attached,
that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation
by authority of its City Council; and that the said or
and City Clerk , as such officers acknowledge the execution of
said instrument to be the voluntary act and deed of said municipal corporation,
by It and by them voluntarily executed,
l 51r el `�` �mu"o lt. t
Notary Public in and for said State
/yI 9
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IF
Hills Bank
and Trust Company
July 31, 1986
City of Iowa City
Planning E Program Develpment Dept.
410 E Washington
c/o Pamela Barnes
Iowa City, la 52240
Dear Council Members:
Iowa City Office • 319-336-1277
Hills Bank and Trust Company is in the process of refinancing a loan for
Charles K. Ford. In order to be able to show a valid first lien on the
property, we need to satisfy entry 207 of the abstract of title, which sets
forth the terms and conditions effecting a rehabilitation loan dated February
22, 1985, and recorded February 28, 1985 in Book 754, Page 4.
This entry states that the property may not be transferred without repayment
of the loan, unless prior written consent of the City of Iowa City is received.
At this time, the deed is in Charles K. Ford and Judith L. Ford, husband
and wife. Judith L. Ford would like to sell her interest to Charles K. Ford.
Thus, we would like to refinance the loan under Charles K. Ford, a single
person, and also record the deed as Charles K. Ford, a single person.
We would like to request the following two items:
1. A written consent from the City of Iowa City approving a transfer of
deed from Charles K. Ford and Judith L. Ford, husband and wife, to Charles
K. Ford, a single person. We would also like to know that this transfer will
in no way affect any default as to the rehabilitation loan dated February 22,
1985.
2. Since we will be taking a new first mortgage on the property at 918
Iowa Avenue, we will be releasing our first mortgage that we now have.
Upon doing this, the City's rehabilitation loan will then be in the first position.
In order to be able to assist Mr. Ford with his refinancing, we will want to
have a first and valid lien on the property. Thus, we would like to have
the City of Iowa City subordinate their first lien. At this time, Hills Bank
and Trust has the first lien with the city having a second lien. Once all
the documentation Is completed, we would then be in the some position as
we were in the beginning.
ii
t� 131 Main Street. Hills, Iowa 52235,319-679-2291
• 10092nd Street. Corelville, Iowa 52241, 319-351.8000
v
t
• 1401 South Gilbert Street, Iowa City, Iowa 52240,319-338-1277
• 15 East Cherry Street, North Liberty, Iowa 52317,319-626-2381 11** -a O
I
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City of Iowa City
July 31, 1966
Page 2
If there is any additional information that you would like to have
before making any decisions, please let me know and I will be sure
to forward that to you.
dSincerely,
9
f�
Kevin J. Bernhardt
Assistant Cashier
KJB:rd
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RESOLUTION NO. 86-278
RESOLUTION APPROVING THE REVISED CITIZEN PARTICIPATION PLAN, A POLICY
GUIDE FOR CITIZEN PARTICIPATION IN THE COMMUNITY. DEVELOPMENT BLOCK
GRANT PROGRAM IN IOWA CITY, TO REFLECT THE 1983 AMENDMENTS TO THE
COMMUNITY DEVELOPMENT ACT (URBAN RURAL RECOVERY ACT, PUBLIC LAW
98-181).
WHEREAS, the Committee on Community Needs (CCN) was established by the Iowa
City City Council in 1976 to coordinate communications between citizens and
Policy makers with regard to all matters concerning the Community Development
Block Grant (CDBG) program, and
WHEREAS, the CCN developed a Citizen Participation Plan, as a formal means of
involving citizens in the City's CDBG program, which plan was adopted by the
City Council by Resolution No. 82-263 on May 26, 1982, and
WHEREAS, in accordance with Section 104(b)(5) of the 1983 Amendments to the
Community Development Act (Urban Rural Recovery Act, Public Law 98-181) a
provision has been proposed for addition to the Citizen Participation Plan
providing that citizens shall be given reasonable notice and opportunity to
comment on any proposed substantial changes in the use of CDBG funds, and
WHEREAS, CCN has recommended approval of such provision, and
WHEREAS, the Iowa City City Council and the CCN recognize that such a plan is
important in ensuring that citizens are provided adequate information and
opportunities for the use of CDBG funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT the
Citizen Participation Plan as so amended, a copy of which is attached hereto,
is hereby adopted as a policy guide to citizen participation in the CDBG pro-
gram in Iowa City.
It was moved by McDonald and seconded by Zuber
Resolution be adop e , an upon ro call there were:
AYES:
NAYS: ABSENT:
x
AMBRISCO
—X
BAKER
x
COURTNEY
x
DICKSON
x
—x
MCDONALD
STRAIT
x —
ZUBER
Passed and approved this 26th day ofn m e�- t 1986.
ATTEST: _�%jzi. ,,,
CITY -CLERK
Recelvrd ; Appmvew
By The Ind 01pIMmen1
/y3d
Iowa City, Iowa
Community
Development
Block Grant
Program
CITIZEN
PARTICIPATION
PLAN
T
COMMUNITY DEVELOPMENT BLOCK GRANT
CITIZEN PARTICIPATION PLAN
A GUIDE TO CITIZEN PARTICIPATION
IN
IOWA CITY
COMMITTEE ON COMMUNITY NEEDS
AUGUST - 1986
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CITIZEN PARTICIPATION PLAN
i
Introduction - Need for a Citizen Participation Plan
The Committee on Community Needs (CCN)
Cit
Council in January of 1976 to coordinate scommunicationestablished bbetweentheocit iizensCitand
Policymakers with regard to all matters concerning the Community Development
Block Grant (COBG) Program. The Committee is made up of 11 residents who
represent a cross section of the community and who serve three-year terns,
During the first seven years of the CDBG Program, the Department of Housing
and Urban Development (HUD) required communities receiving CDBG funds to have
a written Citizen Participation Plan,. Such a plan was intended to ensure
that all citizen participation requirements set by HUD were carried out.
In 1981, Congress changed some of the regulations of the CDBG program, in-
cluding the deletion and addition of certain citizen participation require-
ments. The need for a formal Citizen Participation Plan was one of the
requirements eliminated.
Having worked with a plan for the past nine years, CCN feels that a Citizen
Participation Plan is valuable in ensuring that citizens are provided ade-
quate information and can have input on the use of CDBG funds. The Committee
therefore recommends that the City Council adopt the followingCitizen Par-
ticipation Plan, as amended by the 1983 amendments to the Community Develop-
ment Act (Urban Rural Recovery Act PL -98-181), for the City of Iowa City,
/y3o
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CITIZEN PARTICIPATION ACTIVITIES
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As required by Resolution No, 76-136, CCN will meet regularly on a monthly
ot
basis to discuss, to monitor and make recommendations on all aspects of the
CDBG program and her concerns and problens suggested by citizens.
Activities Related to the Annual Filing of a rnmr _. .
I. Information will be provided through the media, �general public meetings,
and neighborhood meetings on the amount of CDBG funds available annually,
and eligible activities for the use of these funds.
2. Notice of public hearings and meetings on all aspects of the CDBG Program
Statement will be published with dates, times, places, topics, timeta-
bles, and procedures included in the Iowa Cit press -Citizen, or other
appropriate newspapers, at least ten days prior o
meet-
ing. In addition, press releases will be sent out public ng or tices placed on the radio and cablevision, and noticesicsent y out ice no-
tices
neighborhood residents as appropriate.
3. the Neighborhood meetings will be held to provide specific infornbation about
ientCDBG locationsa and timesoptoaallowThese broadmeetinpart 9 willipation of allaresidents
who might be affected. The meetings will be designed to allow citizens
to gun ive input in the planning, implementation, ce and assessment of the
be�madettoDinvolve lowPenArmoderatam and eeincome^personsParticular
effortswil
minor-
ity groups in the CDBG program.
4. Technical assistance will be provided by the CDBG Division staff to CCN
and neighborhood groups.
5. CCN will hold a public meeting to provide information regarding the CDBG
program to citizens, and to permit citizen input regarding the City's
community development and housing needs.
6. Following neighborhood meetings and a public meeting, a draft statement
of the City's community development objectives and a list of proposed
activities for the program year will be publish
public hearing. ed prior to a City Council
7. A City Council public hearing will be held to obtain citizen comments on
the Program Statement detailing the proposed use of CDBG funds.
8. After consideration of citizen comments received on the proposed Program
Statement, the final program statement of community development objec-
tives and planned activities as approved by the City Council will be
published,
(A table outlining the procedures for preparing the annual Program Statement
s attached.)
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AMENDMENT TO FINAL PROGRAM STATEMENT: CITIZENS' PARTICIPATION:
The following provision is added to the Iowa City's Citizen Participation
Plan in accordance with Section 104(b)(5) of the 1983 amendments to the
Community Development Act (Urban Rural Recovery Act PL -98-181).
9. Citizens shall be provided reasonable notice and opportunity to comment
on any proposed substantial change in the use of CDBG funds. A substan-
tial change includes: the addition or deletion of an activity, change in
the amount expended for an activity by more than 25%, plus or minus, and
change in the location of an activity described in the final statement.
General Citizen Participation Practices
1. Any complaints or questions about the CDBG program received by CCN at
Public meetings or by telephone or mail will be answered in a timely and
responsive manner by written response within a 15 -day period after they
are received. (Details of formal "Complaint Procedures for Citizens" are
attached.)
2. All information concerning the CDBG program will be accessible to the
Public in the offices of the Department of Planning and Program Develop-
ment during regular office hours (8:00 a.m, to 5:00 p.m. Monday through
Friday). All official documents may be reviewed at the Iowa City Public
Library or the City Clerk's office at th
Street, Iowa City, Iowa 52240, e Civic Center, 410 E. Washington
3. CDBG projects will be monitored for timely and efficient completion and
Grantee Performance Reports reviewed by CCN.
4. Public hearings will be held on any amendments, budget revisions, per-
formance reports or changes in the CDBG program or the Housing Assistance
Plan. These meetings will allow all residents to review and comment on
proposed changes.
5. CCN will assist citizens to develop programs, where possible, to meet
community needs by:
a) Acting as advocates for such programs, where these are eligible for
CDBG funding,
b) Referring concerns and problems raised by citizens to City Council or
the City Manager as appropriate.
C) Suggesting other funding sources or self-help activities.
6. CCN will try to increase citizens' awareness of the opportunities to
bring their concerns to CCN or directly to the City Council at Council
meetings.
iy3o
PROCEDURES FOR PREPARATION OF THE ANNUAL CDBG PROGRAM STATEMENT
i
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Publish information on CDBG funds
available and eligible activities
Identify neighborhoods to be targeted for improvements
Hold neighborhood and general public
meetings on community development
and housing needs
CCN and Staff
prepare draft Program Statement
Publish draft Program Statement of community
development objectives and proposed activities 1
Hold City Council public hearing
for comments on draft Statement
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Hold neighborhood meetings for additional comments f
as appropriate
Publish final Program Statement after City Council
approves Program Statement for filing with HUD
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/V1&
COBB PROGRAM
COMPLAINT PROCEDURE FOR CITIZENS
1. Review Committee
Purpose: A Review Committee is hereby established to review the
complaint of any person aggrieved by the handling and implementation
of the Community Development Block Grant Program. The Committee
shall function in an advisory role and shall make recommendations to
the City Manager. The City Manager shall receive and review the
recommendation of said Committee and respond within ten days of
receipt.
b, Desi nation of Committee: The Committee on Community Needs (CCN)
s a ac as he
Revieww Committee. The Chair of CCN shall preside at
all meetings conducted by CCN while convened as the Review Committee.
All meetings shall be open to the public. A quorum of the CCN must
be present in order to hear a complaint. All persons wishing to
appear before the Review Committee shall have an opportunity to be
heard.
c. Powers and Duties: The Committee shall have the power and duty to
review teconpiaints of any persons aggrieved during the process of
preparing, implementing or monitoring the Iowa City Community Devel-
opment Block Grant Program,
d, Standards: In exercising its powers and duties the Committee shall
e guided by the standards set by the Department of Housing and Urban
Development under Title I of the'Housing and Community Development
Act, 1974, as amended, and by the Code of Ordinances of the City of
Iowa City,
2. Procedure
a. Filing: Any aggrieved person shall file a grievance with the City
Manager, Civic Center, 410 E. Washington Street, Iowa City, Iowa
52240. Grievances shall be filed in a timely manner, and must be
received by the City Manager within one year of the alleged occur-
rence. Any grievance shall be filed in writing and shall contain a
concise statement of the grievance and an explanation of the action
desired.
!I Tel, Review The City Manager shall forward the grievance to the
Rev eev w Committee within seven days of receipt, The Review Committee
shall set a reasonable time for a hearing within 15 calendar days
following the receipt of the grievance from the City Manager. The
Committee shall notify the complainant in writing of the time and
place of the hearing. At the hearing, the complainant may appear in
person, by agent, or by attorney. The Committee shall forward its
recommendation in writing to the City Manager within ten calendar
days following the general hearing.
/530
all
6
(If a grievance is resolved prior to the date of the hearing, the
aggrieved party shall request in writing that the grievance be with-
drawn.)
Appeal: If the complainant is unsatisfied with the recommendations
made by the Review Committee to the City Manager, appeal may be made
to the City Council. If the outcome of such an appeal is still
unsatisfactory, complainant may appeal to the U.S. Department of
Housing and Urban Development.
i
'T
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RESOLUTION NO. 86-279
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH von BRIESEN AND REDMOND, S.C., BY STEVEN B. RYNECKI, FOR LABOR
NEGOTIATION SERVICES.
WHEREAS, the City of Iowa City and von Briesen and Redmond, S.C., by Steven
B. Rynecki, have negotiated an agreement providing for labor relations serv-
ices, and
WHEREAS, the City Council deems it in the public interest to enter into this
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the City Manager is hereby authorized to enter into an agreement, attached
hereto, with von Briesen and Redmond, S.C., by Steven B. Rynecki, for labor
negotiation and related services for a one year period beginning August 15,
1986.
It was moved by McDonald and seconded by Zuber
the Resolution be a opte , an upon ro call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
X Dickson
X McDonald
X Strait
X Zuber
Passed and approved this 26th day of August 1986.
MA OR
ATTEST:
CIff CLERK
Ived 8 Ap ved
IM ft" 8�W
1451
I
LABOR RELATIONS SERVICES AGREEMENT
WHEREAS, the City of Iowa City, Iowa, hereinafter referred to as
the "City Is desirous of retaining labor negotiations and other labor
consulting services, and
WHEREAS, von Briesen & Redmond, S.C., by Steven B, Ryneck(,
411 East Wisconsin Avenue, Suite 700, Milwaukee, Wisconsin 53202-4470, _
Provides and offers such services,
NOW, THEREFORE, in consideration of the mutual promises
hereinafter contained,
IT IS AGREED that: i
1. City retain von Briesen & Redmond S.C. b
Rynecki, to represent City in labor ' ' Y Seven B.
relations and personnel matters as negotiations and certain other labor
requested by the City.
2• von Briesen & Redmond, S.C. perform such services which
may include, among others: '
i
(a) Negotiation and drafting of labor agreements; '.
(b) Analysis and recommendations on salaries, benefits
and personnel policies for unorganized employees;
(c) Representation in arbitration proceedings i...
appearances; 9 and court i
I
(d) Representation before the U.S. Department of Labor,
Equal Employment Opportunity Commission and other
federal and state administrative agencies regarding
employment related matters;
i
(e) Contract administration, grievance and
arbitration
proceedings, personnel administration
communications assistance, supervisor employee
safety consultation and employee benefit reviewining,
(f) Consultation and advice in the handling of strikes,
slowdowns and other work stoppages.
3• (a) Such services will be
von Briesen & Redmond peS.Cr.mandand billed for by
Paid
at the hourly rate established under tor hed City
endu
attached hereto. Overhead expense such as cher cam
services and use of equipment and library (except
computerized research facilities) are Included in
such hourly rates and are not separate charges.
14131
WA
IN WITNESS WHEREOF, the parties have signed this agreement this
'fv *l --day of U , 1986.
von BRIESEN & REDMOND, S.C. CITY OF IOWA CITY
By: Steven B. Rynecki � BY1 Steph n J. Atki s, City Manager
�1�11 IP!!.
s
a
/403/
§1
(b)
von Briesen & Redmond, S.C. will bill City for its
services and expenses
on a monthly basis, such
invoice to contain a
listing of the activities and
services performed and
the expenses incurred.
4.
This
agreement shall be In effect for a one year period
beginning
August
15, 1986 and continue in
effect and be binding on the
parties,
their
successors and assigns.
Any amendments to or
modifications of
this agreement shall be in
writing and signed by both
parties.
IN WITNESS WHEREOF, the parties have signed this agreement this
'fv *l --day of U , 1986.
von BRIESEN & REDMOND, S.C. CITY OF IOWA CITY
By: Steven B. Rynecki � BY1 Steph n J. Atki s, City Manager
�1�11 IP!!.
s
a
/403/
§1
ADDENDUM — FEE SCHEDULE
Pursuant to paragrpah 3(a) of the attached Labor Relations
Services Agreement between the City of Iowa City, Iowa and von Rations
esen
c Redmond, S.C. by Steven B. Rynecki the rate for labor relations
consulting services is established at $90.00 per hour up to a maximum
of $13,500.00 per year. This fee arrangement shall only apply to
services related to negotiating, through mediation of up to three(
3
labor agreements per year
unit, [one (1) for the police department bargaining
one (1) for the AFSCME bargaining unit and one (1) for the fire
department bargaining unit]. If less than three contracts are to be
negotiated in any year, then the fee for one contract shall be no more
than $5,500.00 and the fee for two contracts shall be no more than
$10,500.00. Fees for other services shall be charged at $95.00 per hour.
Time spent in travel outside the hours of 8:00 a.m. and 6:00 p.m. shall
not be charged.
Accepted:
City of Iowa City, Iowa
ephenftuns City Manager
Dated:
von BRIESEN fs REDMOND, S.C.
Steven B. Rynecki
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1
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—f
IV
1
RESOLUTION NO. 86-280
RESOLUTION AUTHORIZING JOINT AGREEMENT BETWEEN THE IOWA CITY LIBRARY
BOARD OF TRUSTEES AND THE CITY COUNCIL OF THE CITY OF IOWA CITY TO
COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAIN-
ING.
WHEREAS, the Public Employment Relations Board has recognized that Library
Boards are the em loyers of Library employees within the meaning of Chapter
20 of the 1985 Code of Iowa, and
WHEREAS, this same Chapter 20 permits cooperation and coordination of bar-
gaining between two or more bargaining units, and
WHEREAS, coordination would be beneficial to both parties given the Iowa City
Council's financial responsibility and the Iowa City LibraryBoard's adminis-
trative responsibilities for library service in Iowa City, and
WHEREAS, procedures are necessary to make this coordination effective, and
WHEREAS, the Iowa City Library Board of Trustees and the City Council of the
City of Iowa City wish to enter into a joint agreement to coordinate negoti-
ating procedures for purposes of collective bargaining, a copy of which
agreement is attached to this resolution as "Exhibit A," and by this refer-
ence made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the Mayor be authorized to sign, and the City Clerk to attest, this
resolution, and the attached joint agreement between the Iowa City Li-
brary Board of Trustees and the City Council of the City of Iowa City,
Iowa, to coordinate negotiating procedures
bargaining. for purposes of collective
It was moved by McDonald
the Resolution be adopt a and seconded by Dickson
P nd upon roll call there were:
AYES: NAYS: ABSENT:
_X X Ambrisco
- Baker
�- Courtney
__ Dickson
X McDonald
_X Strait
Zuber
Passed and approved this Z(--_ day of Au.-ust
1986.
MA OR
ATTEST: 1 el De~~~ i
CITY CLtHK
/y3.1.
T
/y3 a,
`7
EXHIBIT A
JOINT AGREEMENT BETWEEN IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE
CITY COUNCIL OF IOWA CITY TO
COORDINATE NEGOTIATING PROCEDURES FOR
PURPOSES OF COLLECTIVE BARGAINING.
An
agreement made
1986, by and betweendthetCitdthis 9 Counci 26th day f Au ist
Trustees of the f�owa City,Iowa
Iowa City Public Libraar an a Boar o
Y. Iowa City, Iowa.
WHEREAS, the Public Employment Relations Board has recognized that Library
Boards are the emplofeI of
j
20 of the 1985 Code Library employees within the meaning of Chapter
WHEREAS, this same Chapter 20 permits cooperation and coordination of bar-
gaining between two or more bargaining
units, and
WHEREAS, coordination would be beneficial to both parties given the Iowa City
Council's financial responsibility and the
I
Iowa City Library Board's adminis-
trative responsibilities for library service in
Iowa City, and
WHEREAS, procedures are necessary to make this coordination effective.
INOW,
THEREFORE, BE IT AGREED AS FOLLOWS:
1. Both bodies will bargain in coordination with the duly appointed repre-
sentatives of their respective employee
organizations.
2. The Library Board will designate the City Manager of Iowa City or his
designee as the bargaining representative
brary Board of Trustees. for the Iowa City Public Li-
y
3. The and Library Director or her designee will be a member of the negotiating
the
inarissuess Ofllspecificent
Library Board of Trustees
co cernlowa to library
ployees. y operations
and/or library em -
4. The Iowa City Public Library Board of Trustees will be notified of all
executive sessions of the City Council
of Iowa City called for the
pose of discussing contract negotiations. Pur-
5. Subsequent to any negotiated contract, the Library Director will be
represented on any grievance
contract. committee formed as a condition of that
6. This agreement shall cover the period from date of adoption through the
co act covering library employees
which will begin July 1, 1987.
r
President, I �a City r y Boar of Trustees
ayor, y o ow
/y3 a,
`7
'r )
RESOLUTION NO. 86-281
RESOLUTION AMENDING THE ADMINISTRATIVE CLASSIFICATION PLAN AND CLAS-
SIFICATION OF POSITIONS IN THE HUMAN RELATIONS DEPARTMENT.
WHEREAS, Resolution No. 86-221 adopted by the City Council on July 1, 1986,
established a classification/compensation plan for Administrative employees;
and
WHEREAS, Resolution No, 86-59 adopted by the City Council on March 11, 1986,
establishing an operating budget for FY87 authorizes all permanent positions,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
1. The Administrative pay plan' be amended by:
a. The deletion of one Personnel Generalist position, grade 51.
b, The addition of one Personnel Administrator position, grade 55.
2. The authorization of personnel in the Human Relations Department be
amended by:
a. The deletion of one full-time Personnel Generalist position.
b. The addition of one full-time Personnel Administrator position.
C. The addition of one full-time Personnel Assistant position.
It was moved by Zuber and seconded by Strait
the Resolution be adopted, an upon ro call there were:
AYES: NAYS: ABSENT:
_lC_ Ambrisco
Baker
.2I. Courtney
—� Dickson
McDonald
—1L_-
Strait
�— Zuber
Passed and approved this 26th day of August 1986.
1AY0R
ATTEST:L',.AK _r/.i1.')
Iteeehfed i Approvee
By The Legal Dopa M
i'13 3
—f
1P
City of Iowa City
MEMORANDUM
DATE: August 18, 1986
TO: City Council
FROM: City Manager
RE: Reorganization - Department Human Relations
The attached represents a proposed reorganization of the City's human
relations activities. The purpose of the recommendation is to restructure
the human relations activities as a direct component of the City Manager's
office and to provide a better opportunity for more direct supervision of
these activities and hopefully to better utilize existing staff expertise
at a reduced cost.
The basic elements of the proposal would require the Assistant City
Manager to assume a greater role in the planning, initiation and admin-
istration of all City human relations functions. To accomplish this pro-
posal, the Director of Human Relations position would remain unfilled,
the Personnel Generalist position would be upgraded to the newly created
position of Personnel Administrator reporting directly to the Assistant
City Manager. Work responsibilities of the new Personnel Administrator
would provide day-to-day supervision of the City's human relations pro-
gram with overall management of these matters under the Assistant City
Manager. A new second Personnel Assistant position would be created.
The reorganization is proposed for the following reasons:
I believe it will be necessary in the future to have more involvement
on the part of the City Manager's office in the collective bargaining
process, as well as to develop sufficient depth within the City organi-
zation with respect to experience in the bargaining process. This
proposal is undertaken due to what I believe to be the skills of
current City staff members with respect to collective bargaining and
to take advantage of my previous experience in the personnel functions.
The future will require a more direct involvement on the part of the
City staff in collective bargaining, and the time to build that skill
level within the organization appears to be now. We do intend to
pursue a one-year contract with our labor counsel, as opposed to the
traditional two years.
2. The use of existing staff skills is a critical component in the pro-
posed reorganization. I believe the Assistant City Manager and Per-
sonnel Generalist have demonstrated a thorough knowledge of the
personnel policies of the City and have demonstrated further that they
have an enlightened attitude about the role of the employee in the
iV.33
T
City Council
August 18, 1986
Page 2
delivery of our municipal services. Based on these factors, I believe
that we can, over the long run, have a more effective human relations
management system within the City. Both are well known to all other
City employees and with the level of confidence that I believe exists,
the organizational changes can be of benefit to all concerned.
3. In future years, it is likely that our program of municipal services
will continue to receive scrutiny.• Our overall ability to finance our
program of services in the future years will continue to experience
some degree of financial jeopardy and amendments to this program of
service are likely to occur. This often translates into difficult
employee/employer relations situations. The critical financial review
and amended service package can best be undertaken with the knowledge
that personnel/human relations matters are given the highest of priorities
4. I believe we are all aware that there is a changing mood on the part
organized labor. Employees are encouraging management to allow them
an opportunity to participate in the many decisions affecting their
employment and the products (municipal services) provided by their
employer. This attitude is helpful and if properly directed, can go
a long way toward assisting us in overcoming some of our long-range
financiato
employee lwishes eas well asms. In dmoreer toeffectiveausegof thehskillseofsthe be
Assistant Cit Mana e d P 1
of
J g r an ersonne Generalist, the proposed reorgani—
zation is recommended.
We must recognize that personnel costs are the most significant component
of our City's budget, and therefore every effort needs to be undertaken to
manage these costs and continue to apply the enlightened human relations
policies that have become a tradition in our community. Productivity im-
provements are also necessary and implementation of such programs can best
be accomplished by individuals known to the organization. I believe the
use of the Assistant City Manager and the Personnel Generalist, in her
expanded capacity as the new Personnel Administrator, will assist us in
improving our financial position and allow employees adequate involvement
in helping determine the future of the City organization. Your favorable
consideration of the attached resolution is requested.
Attached is a cost analysis which shows that the City will realize a sig-
nificant savings from this reorganization.
cc: Civil Service Commission
Human Rights Commission
Assistant City Manager
Personnel Generalist
/yI3
T
Current Annual
Solar
Cost
Director of Human
Sal awry
Relations (est.)
-$40, 040
Personnel Generalist
Personnel Assistant
' 24,481
- 22,006
Total Staff
3 $86,527
1104,232
Pro osea Annu al
Solar
Cost
Personnel Administrator
Personnel Assistant (2)
6
Assistant City Manager
- 40,12
40,122
(Plus rate) -
3,087
Director of Human Relations
Personnel Generalist
-0-
-0-
Total Staff
3
$75,365
191,941
Benei'i is
$ 6,587
5,953
5,165
$17,705
$ 6,548
9,798
230
.0-
-0-
$16,576
1$f,33
RESOLUTION NO. 86-282
RESOLUTION RESCINDING PRIOR RESOLUTION NO. 86-234 AND AUTHORIZ-
ING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AND AMENDED AGREEMENT FOR THE PROVISION OF ARCHITECTURAL
SERVICES WITH NEUMANN MONSON, P.C., ARCHITECTS, FOR THE DESIGN
OF THE JOINT CITY/SCHOOL DISTRICT SWIMMING POOL FACILITY AT
MERCER PARK IN IOWA CITY.
I
WHEREAS, the City of Iowa City and the Iowa City Community School District
did, with the assistance of a Joint Swimming Pool Committee established by
said bodies, undertake to study the feasibility and plan the development
of a new joint swimming pool facility to be located at Mercer Park in Iowa
City and adjacent to Southeast Junior High School; and
WHEREAS, upon the recommendation of the Joint Swimming Pool Committee, the
City and the School District did enter into a Memorandum of Agreement,
dated May 6, 1986, stating their intent to jointly develop and operate the
said joint swimming pool facility, pursuant to Agreement under Chapter 28E
of the Iowa Code; and
WHEREAS, upon the further recommendation of the Joint Swimming Pool Com-
mittee, the City Council of the City of Iowa City did call a special
election upon the proposal to issue $3,715,000 of general obligation bonds
to finance the renovation of the City Park Pool Facility and to finance
the City's share of the construction of the joint pool facility at Mercer
Park; and
WHEREAS, at said special election held on June 3, 1986, the electorate of
Iowa City approved the issuance of general obligation bonds for said
purposes; and
WHEREAS, an Agreement was negotiated and prepared with Neumann Monson,
P.C., Architects, for the provision of architectural services in connec-
tion with the design of the new joint swimming pool facility, which Agree-
ment was approved for execution by the City pursuant to Resolution No.
86-234 passed and approved on July 15, 1986; and
WHEREAS, due to concerns about insurance coverage it was necessary for the
parties to renegotiate and amend certain provisions of said Agreement; and
WHEREAS, this City Council has been advised and does believe that it would
be in the best interests of the City of Iowa City to execute and enter
into said Agreement, as amended, for the provision of said architectural
services, a copy of which is attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that prior Resolution No. 86-234 be and the same is hereby
rescinded.
AND BE IT FURTHER RESOLVED that the Agreement, as amended, for the provi-
sion of architectural services by and between the City and Neumann Monson,
P.C., a copy of which is attached hereto and by this reference made a part
hereof, is hereby approved as to form and content.
Resolution No. 86-282
Page 2
AND BE IT FURTHER RESOLVED that the Mayor is hereby authorized and di-
rected to execute, and the City Clerk to attest, said Agreement for and on
behalf of the City of Iowa City, Iowa.
It was moved by Dickson and seconded by Courtney the Resolution
be adopted, and upon ro ca there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X COURTNEY
X DICKSON
X MCDONALD
X _ STRAIT
X ZUBER
Passed and approved this Z6th day of Auust 1986.
—MAYbAR
811 Cal
rte.
IV3�1
I
THE AMERICAN INSTITUTE OF ARCHITECTS
G
1
i
I
AIA Document 8141
Standard Form of Agreement Between
Owner and Architect
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH I
I
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION I
AGREEMENT 1
i.
made as of the day of in the year of Nineteen
Hundred and
BETWEEN the Owner: CITY OF IOWA CITY
II 410 EAST WASHINGTON STREET
IOWA CITY, IOWA 52240
and the Architect: NEUMANN MONSON, P.C.
226 SOUTH CLINTON STREET
IOWA CITY, IOWA 52240
! For the following Project:
(Include detailed description of Pro)ect location and scope.)
S, CONSTRUCTION OF AN INDOOR/OUTDOOR SWIMMING POOL ADJACENT TO SOUTH EAST JUNIOR
HIGH SCHOOL AND MERCER PARK AND DEMOLITION OF MERCER PARK SWIMMING POOL IN
y
IOWA CITY.
Ei
r
The Owner and the Architect agree as set forth below.
COa211 hl ti V, 1916, 111111, 11ft, 1111, 19ID, 1%1, 1%1, 11%, 1%I, 1910, 1111, m 1911 b the Amiilun Imlllvle
at ArtlnNn, n2f New Yn4 A.enue, N.W., Wnhinpan, D.C. 7N06, erOrpdunion al the melaht hatln or
mbOmOel a9alellan at III Prarltlenl .Ohaul POmlellen et The AtA Y101ne1 the eaPY111hl le.l of the UnlTed
Shia Md.111 be whim 1. 1,111 Prmeeutlnn.
AIA OOWMtNf Illt • OWNgdR�111tl Cf AGeIIMINf •til IlfNllI {DI rIDN • LUIY 1917 •AIM
Ill, AMIRICAN INSIIIUIL OI MCN1tECt1, /IH N{W YOMI AYINU[, N.W., WA1111NGION, D.C. 20001 111111_7977 1
(This Page Is Blank)
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five
phases described in Paragraphs 1.1 through 1.5 and
include normal structural, mechanical and electrical
engineering services and any other services included
In Article 15 as part of Basic Services.
1.1 SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished
by the Owner to ascertain the requirements of the Project
and shall review the understanding of such requirements
with the Owner.
1.1.2 The Architect shall provide a preliminary evalua-
tion of the program and the Project budget requirements,
each in terms of the other,
EE
S /59
1.1.3 The Architect shall review with the Owner allerna-
live approaches to design and construction of the Project.
1.1.4 Based on the mutually agreed upon program and
Project budget requirements, the Architect shall prepare,
for approval by the Owner, Schematic.Design Documents
consisting of drawings and other documents illustrating
the scale and relationship of Project components.
1.1.5
-asla, so Jer w o
1.2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Docu-
ments and any adjustments authorized by the Owner In
the program or Project budget, the Architect shall pre-
pare, for approval by the Owner, Design Development
Documents consisting of drawings and other documents
to fix and describe the size and character of the entire
Project as to architectural, structural, mechanical and elec-
trical systems, materials and such other eremenis as may
be appropriate.
1.2.2
seg l�/I
1.3 'CONSTRUCTION DOCUMENTS PHASE
1.3.7 Based on the approved Design Development Doc•
umenis and any further adjustments in the scope or qual•
ity of the Project or in the Project budget authorized by
the Owner, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Draw.
Ings and Specifications selling forth In detail the require.
Inents for the construction of the Project.
1.3.2 The Architect shall assist the Owner in the prepara.
tion of the necessary bidding information, bidding forms,
the Conditions of the Contract, and the form of Agree.
ment between the Owner and the Contractor.
1.3.3 The Architect shall advise the Owner of any adjust.
ments to previous Statements of Probable Construction
Cost indicated by changes in requirements or general
market conditions.
1.3.4 The Architect shall assist the Owner in connection
with the Owner's responsibility for filing documents re-
quired for the approval of governmental authorities hav-
ing un d' on v the Project.
1.4 BIDDING OR NEGOTIATION PHASE
1.4.1 The Architect, following the Owner's approval of
the Construction Documents and of the latest Statement
of Probable Construction Cost, shall assist the Owner in
obtaining bids or negotiated proposals, and assist in
awarding and preparing contracts for construction.
1.5 CONSTRUCTION PHASE—ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1.5.1 The Construction Phase will commence with the
award of the Contract for Construction and, together with
the Architect's obligation to provide Basic Services under
this Agreement, will terminate when final payment to the
Conlraclor is due, or in the absence of a final Certificate
for Payment or of such due date, sixty days after the Date
of Substantial Completion of the Work, whichever occurs
first.
1.5.2 Unless otherwise provided in this Agreement and
incorporated in the Contract Documents,the Architect
shall provide administration of the Contract for Conslruc.
lion as set forth below and in the edition of AIA Docu•
ment A201, General Conditions of the Contract far Con.
struction, current as of the dale of this Agreement,
1.5.3 The Architect shall be a representative of the
Owner during the Construction Phase, and shall advise
and consult with the Owner. Instructions to the Contrac-
tor shall be forwarded through the Archilecl..ilsaAapL
--oalµJo.dw.aaLaLpanu;daa I s, r• I n I
ate /913
1.5.4 The Architect shall visit the site at intervals ap.
propriale to the stage of construction at as otherwise
agreed by the Architect irw•ar ... 9 to become generally
familiar with the progress and quality of the Work and to
determine in general if The Work Is proceeding in accord•
ante with The Contract Documents. •F{awwvlrr{he.Arcbi„ JEE
`Ml♦`•Gf-4:11-t�a�r. On the basis of such an -site ohserva• /1/
lions as an architect, the Architect shall keep the Owner
Informed of the progress and quality of the Wolk, and
shall endeavor to guard The Owner against defects and
deficiencies in the Work of The Contractor,
1.5.5 The Architect shall not have control or charge of
and shall not be responsible for construction means,
methods, Techniques, sequences or procedures, or for
safety precaullonl and programs in connection with the
Work, for the acts or omissions of The Contractor, Sub.
AIA OOCUMINT 1141 • OWNLbAACHNICT ACII[EMENI • IIIIhfHNlll EDITION • IUIY 1977 •AIM • O 1717
I14E AMERICAN INSOIUI[ a] ARCIIII[CIS, 1111 NEW PORK AVENUE, N.W., WA1111NGION, D.C. 2rco1 0141-1977 3
fi
contractors or any other persons performing any of the
Work.
1.5.6 The Architect shall at all times have access to the
Work wherever it is in preparation or progress.
1.5.7-Ae-Mck:teea sh,D data—.n iho
to d he Cd 16
slid sl all issue Gemi—`- I- -let Payment
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1.5.8
&Ad bell
le 8 lee e Ge
hem mile COMI def Deeti"
n� ,,,red i rFe r"e.rlf.,m fes, o, ..n• „d F, F,.
I
....r F. 1 1h,j IF A F'1 I F d k
1,5,9 The A;sF•... _I. 1l ke It. arp t 1h.
aL.16, r s.. . n_.. _ ,1
,I._ _.r_._._-_ .a, dar—bV F 'end
1.5,10
he CC title
ia-ce 3EE,RT1�
1.5.11 Tke d -1 -1 -ax
�.,
es Lit fllte�ffleoef-
ree�
+•SEE l5.1$
13.12 The Architect shall have authority to reject Work
which does not conform to the Contract Documents.
Whenever, In the Architect's reasonable opinion, it is
necessary or advisable for the implementation of the intent
of the Contract Documents, the Architect wil I have author.
ray to require special inspection or testing of the Work in
acculdance with the provisiuns of the Contract Docu•
merits, whether or not such Work be then fabricated, in.
stalled or completed.
1.5.13 The Architect shall review and approve or lake
other appropriate action upon the Contractor's submittals
such as Shop Drawings, Product Data and Samples, but
only for conformance with the design concept of the
Work and with the information given in the Contract
Documents. Such action shall be taken with reasonable
promptness so as to cause no delay. The Architect's ap•
proval of a specific Item shall not indicate approval of an
assembly of which the item is a component.
1.5.14 The Architect shall prepare Change Orders for
the Owner's approval and execution in accordance with
the Contract Documents.
1.5.15 The Architect shall conduct inspections to deter-
mine the Dates of Substantial Completion and final com-
pletion, shall receive and forward to the Owner for the
Owner's review written warranties and related documents
required by the Contract Documents and assembled by
the Contractor, and shall issue a final Certificate for Pay.
ment.
1.5.16 Theextent of the duties, responsibilities and lim.
itations of authority of the Architect as the Owner's rep.
resentative during construction shall not be modified or
extended without written consent of the Owner, the Con.
tractor and the Architect.
1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.6.1 It the Owner and Architect agree that more ex-
tensive representation at the site than is described in
Paragraph 1.5 shall be provided, the.Architecl shall pro•
vide one or more Project Representatives to assist the
Architect in carrying out such responsibilities at the site.
1.6.2 Such Project Representatives shall be selected, em•
ployed and directed by the Architect, and the Archllecl
shall be compensated therefor as mutually agreed be.
tween the Owner and the Architect as set forth In an ex•
hibit appended to this Agreement, which shall describe
the duties, responsibilities and limitations of authority of
such Project Representatives,
1.63 Through the observations by such Project Repre.
sentatives, the Architect shall endeavor to provide further
protection for the Owner against defects and deficiencies
in the Work, but the furnishing of such project represents•
lion shall not modify the rights, responsibilities or obliga.
lions of the Architect as described In Paragraph 1.5.
1,7 ADDITIONAL SERVICES
The following Services are not Included In 8311c
Services unless so identified In Article 15, They shall
be provided If authorised or confirmed in writing by
the Owner, and they shall be paid for by the Owner
as provided in this Agreement, In addition to the
compensation for Basle Services.
4 8141.1977 AIA OOCUMINI 141. DYVII(RARCIIIIECT ACRI(AI(N1 . 11111 I((N111 10111ON. JULY 117) . AIM .01117
1111 AAIIRICAN INnIJUIR Of ARCIIIIICIS. 11J7 N(W YORK AV(NUI, NW, LVASIIINCTOII, OC. IM
i
1,7.1
1.7.2 Providing financial feasibility or other special
studies.
1.7.3 Providing planning surveys, site evaluations, envi.
ronmemal studies or comparative studies of prospective
sites, and preparing special surveys, studies and submis.
sions required for approvals of governmental authorities
or others having jurisdiction over the Project.
1.7.4 Providing services relative to future facilities, sys-
tems and equipment which are not intended to be con-
structed during the Construction Phase.
1.7.5 Providing services to investigate existing conditions
or facilities or to make measured drawings thereof, or to
verify the accuracy of drawings or other information fur.
nished by the Owner.
1.7.6 Preparing documents of alternate, separate or
sequential bids or providing extra services In connection
with bidding, negotiation or construction prior to the
completion of the Construction Documents Phase, when
requested by the Owner.
1.7.7 Providing coordination of Work performed by
Separate contractors or by the Owner's own forces.
1.7,8 Providing services in connection with the work of
a construction manager or separate consultants retained
by the Owner.
1.7,9 Providing Detailed Estimates of Construction Cost,
analyses of owning and operating costs, or detailed quan-
lily surveys or inventories of material, equipment and
labor.
1.7.10
SEE 1.TA1
1.7.11 Providing services for planning tenant or rental
spaces.
1.7.12 Making revisions in Drawings, Specifications or
other documents when such revisions are Inconsistent
with written approvals or Instructions previously given,
are required by the enactment or revision of codes, laws
or regulations subsequent to Ilse preparation of such clot•
uments or are due to other causes not solely within the
control of the Architect.
1.7,13 Preparing Drawings, Specifications and supporting
dataIndproviding other services In connection with
Change Orders to the extent that the adjustment in the
Basic Compensation resulting from the -adjusted Con-
struction Cost is not commensurate with the services re•
quked of the Architect, provided such Change Orders are
required by causes not solely within the control of the
Architect
1.7.14 Making investigations, surveys, valuatlons, inven-
tories or detailed appraisals of existing facilities, and serv-
ices required In connection with construction performed
by the Owner.
1.7,15 Providing consultation concerning replacement of
any Work damaged by fire or other cause during con-
`1
struction, and furnishing services as may be required in
connection with the replacement of such Work.
1.7.16 Providing services made necessary by the default
Of the Contractor, or by major defects or deficiencies in
Use Work of the Contractor, or by failure of performance
of either the Owner or Contractor under the Contract for
Construction.
1.7.17
SEE
1,7.18
SEE
1.7.19 Providing services after Issuance to the Owner of
the final Certificate for Payment, or in the absence of a
final Certificate for Payment, more than sixty days after
the Date of Substantial Completion of the Work.
1.7.20 Preparing to serve or serving as an expert witness
in connection with any public hearing, arbitration pro-
ceeding or legal proceeding.
1.7.21 Providing services of consultants for other than
Ilie normal architectural, structural, mechanical and elec-
trical engineering services for the Project.
1.7.22 Providing any other services not otherwise In.
eluded in this Agreement or not customarily furnished in
accordance with generally accepted architectural practice.
7,8 TIME
1.8.1 The Architect shall perform Basic and Additional
Services as expeditiously as is consistent with professional
skill and care and the orderly progress of the Work. Upon
request of the Owner, the Architect shall submit for the
Owner's approval a schedule for the performance of the
Architect's services which shall be adjusted as required as
the Project proceeds, and shall include allowances for peri-
ods of time required for the Owner's review and approval
of submissions and for approvals of authorities having
Jurisdiction over the Project. This schedule, when approved
by the Owner, shall not, except for reasonable cause, be
exceeded by the Architect. %SE f
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full Information regarding
requirements for the Project including a program, which
shall set forth the Owner's design objectives, constraints
and criteria, Including space requirements and relation•
ships, flexibility and expandability, special equipment and
systems and site requirements.
2.2 If the Owner provides a budget for the Project It
Shall include contingencies for bidding, changes in the
Work during construction, and other cosh which are the.
responsibility of the Owner, including those described In
this Article b . The Owner shall,
at the request of the Architect, provide a statement of
funds available for the Project, and their source.
AIA DOCUM/N11141 • OWNII1-AACIIIIECT ACarIMINr • IIIIAItEN III Io1110N • pltY 19x1 • AIAA • m n17
IIIc AMIAICAN Irra111UI[ 01 Ax(111IICIS, Ir3
3 NIW IOMx, AvlNUI, It 11, 1=1rICION, D.C. XWfi 8141-1977 5
/7 0 f/
2.3 The Owner shall designate, when necessary, a rep•
resentative authorized to act in the Owner's behalf with
respect to the Project. The Owner or such authorized
representative shall examine the documents submitted by
the Architect and shall render decisions pertaining thereto
Promptly, to avoid unreasonable delay in the progress of
the Architect's services.
gneo, specified, selected or specially provided for
I Architect.
3. 3 Consouc 0 Cost does not include the comp
tan n ul the Architect and the Architect's consul)
the n,I of the land, rights,of.way, or other costs s�,lI
are t c "Pon slbit'I of the Owner as provided ill
t A
cle 2.
3.2 RE
3.2.1 Est
ments o+
Estimates
Architect,
design pN
try. It is r
nor the 0
rials or en
45161LITY FOR CONSTRUCTION COST
rations of the Owner's Project bud t, State.
Probable Construction Cosl am Derailed
f Construction Cost, if any, prep ed by the
present the Architect's best ju ment as a
sional familiar with the constr clion indus-
o nized, however, that neither, rhe Architect
n has control over the cost f labor, mate -
P nt, over the Contractor's elhods of de.
d P ces, or over compelitiv f )din k
or negotiating o
cannot and does
negotiated prices
Proposed, establish
or from any Slatem
other cost estimate
lett.
lions. Accordin 8. mar et
g the Architect
warrant or rept sent that bids or
not vary from he Project budget
or approved b the Owner, if any,
I of Probable onstruction Cost or
evaluation epared by the Archi.
111619iff %P $41•
3,2.2 No fixed limit o Construe on Cost shall be estab.
tithed as a condition
of lis Agr ment by the furnishing,
set proposal or establishmen of a ojeu budget under Sub -
2.7 The Owner shall furnish all legal, accounting 1.1.2 or ParagrI
and in•krg7?angraph
surance counseling services as may be necessary at any
time for the Project, Including such auditing
h 2 or otherwise, unless such
fixed limit has been agree u n in writing and signed by
the parties hereto. If
services as
i the Owner may require to verify the Contractor's A lica.
lions for Payment or to
such fixed limit has been estab-
lished, the Architect shall to e can.
ascertain how or for whatppur•
poses the Contractor uses the moneys paid by or on be.
tingencies for design, Iliddi nd price escalation, to de•
termine what materials,
hall of the Owner,
a of ent, component systems
and types of construclio are be included in the Con.
2.8 The services, Information, suNe s and reports -ots-
y, P
Iract Documents, to ma teas able adjustments in the
scope of the Project
be entitle at she Owner's expense, and the Archilect shall
be entitled to rely u on the
an to Inclu in the Contract Docu•
menls alternate bids to djust she onstruction Cost to the
fixed limit. Any such
accuracy and completenessshall
thereof. SEE %.�:8
xed limit s II be Increased in the
amount of an Incr se in the C
2.9 It the Owner observes or otherwise becomes aware
tract Sum occurring
execution Contract for nstruction.
of any fault or defect In the Project or nonconformance
with the Contract Documents, prompt
3'2e7 I(heBiddit g or Negotiation ase has not cam.
t ee months after th Architect
thenCo
written notice
thereof shall be given by the Owner to the Archilect.
he
2.10 The
Construction submits
the Canslructian Documents to the net, any Project
or fixed limnyi�hange
Owner shall furnish required and
services and shall render approvals and decisions as ex.
Jus ebuddtof einsru I etion gener slevellofbprices
to rell
in the constru tion industry
Arcpedhitect'sously
er necessary for the orderly progress of she
Architect's services and of the Work.
between the to of submis.
sion of the nstruction Dacuments to t Owner
s
the date on hich and
rop
ARTICLE 3 Y 4 o39
CONSTRUCTION COST
p
FE osa s are sought.
3,2A If a roject budget or fixed limit of onsh
Cost (adju led as provided In Subparagraph 2.3)
cee, b the lowest bona fid
ite bid or nego le
tlt Owner shall (1) give written appr I
eas In such fixed limit, (21 authorize reld i
sit ing of the Project within a reasonable II
P Jett Is abandoned, terminate in accordan
aph 10.2, or (q) cooperate in revising the
and quality as required to reduce the Conslr
In Iha case of (q), provided a fixed limit of or
Catl has been established as a condition of lhisr
I, the Architect, without additional charge, shall
1e Drawings and Specifications as necessary to n
3.1.1 The CHOP Cost a the total cost or nei
estimated cost to the a I elements of the Project the
designed or act ie Iitect. J Par
3.1,2 The Co clion Cost sha sco
market rat ncluding a reasonable allolude ,for over, lit
head profit, the cost of labor and r,terials hed Ii
e Owner and any equipment which' has been I v
6 2171.1977
`-EtMINT • TNIRTEENIII COITION • JULY 1917 • AIAt,
FECES, 1771 NEW YORK AVENUE, N.W., wAsNlMGION, OC
Is ex.
f pro.
of an
or re.
(3) If
with
—t
Ice fixed Ilmit. The providing of such service sl Abo-
the him Arclsilecl's responsibiiily_UErgf/ nl the
eslablislcmenl o 'cod Ifm' aving done so, the
Architect shall be m ns if for all services
perform, ordance with in mewl, whether
ce Construction Phase Is commence ,
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct sal-
aries of all the Architect's personnel engaged on the Proj-
ect, and the portion of the cost of their mandatory and
customary contributions and benefits related thereto, such
as employment lazes and other statutory employee bene-
fits, Insurance, sick leave, holidays, vacations, pensions
and similar contributions and benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Com-
pensation for Basic and Additional Services and Include
actual expenditures made by the Architect and the Archl- 6.3 PAYMENTS WITHHELD
lea's employees and consultants In the interest of Ilia
Project for. the expenses listed In the following Sub-
paragraphs:
5.1.1 Expense of transportation in connection with the
Project; living expenses In connection with out-of-town
travel; long distance communications, and fees paid for
securing approval of authorities having jurisdiction over
the Project. SEE /x:-30
5.1.2 Expense of reproductions, postage and handlingg of
Drawings, Specifications and other documents, excluding
reproductions for the office use of the Architect and the
Architect's consultants. S�rE ��.
5.1.3 Expense of data processing and photographic pro-
duction techniques when.used In connection with Addi-
tional Services.
514 10 11 1 11
or extended through no fault of the Architect compensa.
tion for any Basic Services required for such extended
Period of Administration of the Construction Contract
shall be computed as set forth in Paragraph 14.4 for Addi-
tional Services.
6.1.4
fnn
SEE
6.2 PAYMENTS ON ACCOUNT OF
ADDITIONAL SERVICES
6.2.1 Payments on account of Ilia Architect's Additional
Services as defined In Paragraph 1.7 and for Reimbursable
Expenses as defined in Article 5 shall be made monthly
upon presentation of the Architect's statement of services
rendered or expenses Incurred.
6.3.1 No deductions shall be made from the Architect's
compensation on account of penally, liquidated damages
or other sums withheld from payments to contractors, or
on account of Ilia cost of changes In the Work other than
those for whichLhe Architect is held legally liable.
614 PROJECT SUSPENSION OR TERMINATION
6.41 If Ilse Project Is suspended or abandoned in whole
i
or n part for more than three months, the Architect shall
be compensated for all services performed prior to receipt
noticeof written the
ension or
Abandonment, togetherwithReimbursable Expenses sesthen
10.4aIf Ilia Projecta11 resumedsafter being sdutpendeJalolr
more than three months, the Architect's compensation
shall be equitably adjusted.
�raYr~aral`"ra"WgLiB�r IL'"'g"r""i" .j'LeE r , 3CR ARTICLE 7
5.1.5 Expense of renderings, models an'd mock-ups re-
quested by the Owner.
5.1.6 Expense of any additional insurance coverage or
limits, Including professional liability Insurance, requested
by the Owner In excess of that normally carried by the
Architect and the Architect's consultants.
ARTICLE
PAYMENTS TO THE ARCIIITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6,1.1 An Initial payment as set forth In Paragraph 14.1 Is
Ilse minimum payment under this Agreement.
6.1.2 Subsequent payments for Basic Services shall he
made monthly and shall be in proportion to servlces per.
formed within each Phase of servicces, on the basis set
forth in Article 14. .3 E$ /J,, 33
6.1.3 If and to the extent that the Contract Time Initially
established In Ilse Contract for Construction Is exceedeJ
AIA
na
ARCIIITECT'S ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses per.
talning to Additional Services and services performed On
Ilse Isasis of a Multiple of Direct Personnel Expense shall
be kept on Ilse basis of generally accepted accounting
principle, and shall be avallable to the Owner or the
Owners authorized representative at mutually convenient
limes.
ARTICLE B
OWNERSIIIP AND USE or DOCUMENTS
8.1 Drawings and Speclficaliom at Instruments ill terv-
Ice are and shall remain the property of the Architect
whether the Project for which they ane made It executed
or not. The Owner shall be permitted In r.Uln enples, In•
cluding reproducible copies, of Drawings and Speclllca-
tlons for Information and reference In connecunn with Ilia
Owner's use and occupancy of Ihr Prnlecf, 6m
814E-1977 7
-I
ARTICLE 9 SEE /z-.,37
ARBITRATION
9. All claims, disputes and other matters in quest!
bet en the parties to this Agreement, arising out o or
relatin to this Agreement or the breach thereof, sh be
decide y arbitration in accordance with the C struc.
lion Indu ry Arbitration Rules of the America Arbi_
tion Assoc, !on then obtaining unless the pa es mutu-
ally agree at mise. No arbitration, arising 1 of or re.
lating to this reement, shall include, by nsolidation,
joinder or in any [her manner, any addil' nal person not
a party to this Agr men, except by wri en consent can.
I'Ag
Ining a specific re rence to this r ment and. signed
by the Architect, the net, and an Cher person sought
to be Joined. Any cons t to arbit lion involving an ad.
ditional person or person shall 1 constitute consent to
arbitration of any dispute of escribed therein or with
any person not named or d ribed therein. This Agree.
ment to arbitrate and any a men, to arbitrate with an
additional person or peri ns ly consented to by the
parties to this Agreemen shall be ecifically enforceable
under the prevailing ar Italian law.
9.2 Notice of the d and for arbilra ' n shall be filed in
writing with the o er party to this A ement andwith
the American Ar Italian Association. T demand shall
be made wilhi reasonable time after the lafm, dispute
or other mal r In question has arisen. Inn event shall
The deman or arbitration be made after the ale when
institution f legal or equitable proceedings sed on
such cla' dispute or other mailer In question old be
barred y the applicable statute of limitations.
9.3 he award rendered by the arbitrators shall be al,
an Judgment may be entered upon It in accordance w
plicable law in any court having Jurisdiction thgrpof.
ARTICLE 10 Sff X38
TtRMINATION OF AGREEMENT
1 . ThisAgreement may be terminated by either ty
upon s days' written notice should the r party
fall substan to perform in accordant its terms
through no fault It party Will In lerminalion.
10.2 This Agreement be mated by the Owner
upon al least seven days' notice to the Architect
In Ilse event Ih'al the Pr ' ct is pe tently abandoned.
10.3 In the eve termination not t s uIt of the Ar-
chitect, the Elect shall be compensated fo services
perform o lerminalion date, together with Re, rs-
abl penses Ihen due and all Termination Expenses
ined In Paragraph 10.4.
ru. lerminalion Expenses include expenses directly at.
nibula o termination for which the Architect i t
otherwise co Is aced, plus an amount corn as a
percentage ofthe I Basic and Additi Compensa.
tion earned to the time rminali , s follows:
.1 20 percent if lerminali curs during the Sche.
matic Design Phis , r
.2 10 percent' rmination occurs dur the Design
Devel ent Please; or
.3 ercent if termination occurs during any su
quent phase.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.101-imme 'Pee,
ti>.r.hHe 1 SEE 15: 3
11.2 Terms in this Agreement shall have the same mean.
ing as those in AIA Document A201, General Conditions
of the Contract for Construction, current as of the dale
of this Agreement. SEE 15.4{0
11.3 As between the parties to this Agreement: as to all
acts or failures to act by -either party to this Agreement,
any
ations shall commence to
run and anable y allegedof statute
taction shall be deemed to
have accrued in any and all events not later than the rele.
vant Dale of Substantial Completion of the Work, and as
to any acts or failures to act occurring after the relevant
Date of Substantial Completion, not later than the dale of
issuance of the final Certificate for Payment.
11.4 The Owner and the Architect waive all rights
against each other and against the contractors, consult.
ants, agents and employees of the other for damages cov-
ered by anyproperly insurance during construction as set
forth in the edition of AIA Document A201, General Con.
ditions, current as of the date of this Agreement. The
Owner and the Architect each shall require appropriate
similar waivers from their contractors, consultants and
agents.
ARTICLE 12
SUCCESSORS AND ASSIGNS
12.1 The Owner and the Architect, respectively, bind
themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and
to the partners, successors, assigns and legal representa.
tives of such other party wish respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall
assign, sublet or transfer any Interest in this Agreement
without the written consent of the other.
ARTICLE 13
EXTENT OF AGREEMENT
13.1 This Agreement represents the entire and Integrated
agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agree.
ments, either written or oral. This Agreement may be
amended only by written Instrument signed by both
Owner and Architect.
ENT • THIRTEENTH stal • Any 1111117 AIA*.01917
NIW YORK AVENUE. N.W., WASHINGTON. OC. IM
—t
e,:
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments
to the Architect, and the other Terms and Conditions of this Agreement, as follows:
14.1 AN INITIAL PAYMENT of —0- dollars
shall be made upon 9zeculion of this Agreement and credited to the Owner's account as follows`•. , - 1
14.2 BASIC COMPENSATION
14.2,1 FOR BASIC SERVICES, as described In Paragraphs 1,1 through 1.5, and any other services included In Article 15
as part of Basic Services, Basic Compensation shall be computed as follows:
Inee lnsrhub or
Aon +PPlr. It reearary.J
tompenunan, Intludina tired amounU, mulApler
m putenl+au. and fidentityPh++er to which prrltulu meUadr of <omprnu•
n
TWO-HUNDRED-THIRTY-FOUR THOUSAND, TWO HUNDRED DOLLARS AND NO/10o ($234,200.00)
In addition to the above amount for services, $18,000 shall be included as a
not -to -exceed total for reimbursable expenses.
14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic
Services shall be made as p1rovided in Subparagraph 6.1.2,'so that Basic Compensatlon for each' Phase shall
equal the following percentages of the total Basic Compensation payable:
lineup ury adfalonN rhasn n 4w plrlr.l' .'
Schematic Design Phase.
Design Development Phase:
Construction Documents Phase:
Bidding or Negollallon Phase:
Construction Phase:
FIFTEEN
percent (15
ye)
TWENTY
Percent (go
9'n)
FORTY
Percent (40
%)
FIVE
Percent (os
%)
TWENTY
percent °r
100
%
14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, As described in Paragraph 1.6, Compensation shall
be computed separately In accordance with Subparagraph 1.6.2,
2ala6 8141.1977 9
-r
I
14.4 COMPENSATION FOR ADDITIONAL SERVICES
14.4.1 FOR ADDITIONAL SERVICES OF 1"HE ARCHITECT, as described in Paragraph 1.7, and any other services in.
cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen•
sation shall be computed as follows;
I/landere inu,e ants of camprnption, inc!.Wng ralm and/ar mullipin of Direcl Personnel Gpenle lar Prineipa/f end emPlaleer. end identify P,inciprh <4nY rmPloyeu, I/ /eauited. Identify specare service/ to which pslricolal methods of mmpmluion apply, it necelnry.)
HOURLY RATES FOR PERSONNM_ INVOLVED IN THE WORK IN ACCOFZOANCE WITH THE
ENCLOSED SCHEDULE.
14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, Including additional structural, mechanical and electrical
engineering services and those provided under Subparagraph 1.711 or Identified in Article 15 as part of Addl. Ilonal Services, a multiple of .ONE AND I5�100 f
to the Architect for such services.' 1.15 I limes the amounts billed
fhdmlllysprcrre typo of eansYllenn In Nude Is. If Ifel iledI
14.3 FOR REIMBURSABLE EXPENSES, as described In Article 5, and any other Items Included in Article 15 as Reim.
bursable Expenses, a multiple of ONE AND 3/100
pended by the Architect, the Architect's employees and consultants in the interest11s ofsththe amounts
e Project, ex.
14.6-P..,...W.._...._._., ..
14.7 The Owner and the Architect agree In accordance with the Terms and Conditions of this Agreement that:
14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation
shall be equitably adjusted.
14.7.2 IF THE SERVICES covered by IhisAgreement have not been completed within
(24) months of the dale hereof through no fault of the Architect, the amounts of compensation,
multiples set forth herein shall he equltably adjusted, rates and
10 5141-1977
n
iy3�/
—f
T
� wkpF
i
AU VOCUMINI II11 . OWNq.MCH17l CT AGII/MINI .
i, 1111 AMIAICAN INIIIIUII OI MCHITtCIt, 1117 NIW
I
-t
ARTICLE 15
OTHER CONDITIONS OR SERVICES
9UIT 1111 • AIAQ .411917
WAHIINGION. O.C. 2m
1
I
i.
r
L
i
I
This Agreement entered into as of the day and year first written above.
OWNER CITY OF IOWA CITY ARCHITECT
NEUMANN NONSON, P.C.
y 410 EAST WASHINGTON STREET 226 SOUTH CLINTON STREET
I IOWA CITY, LOWA 52240 IO CITY, I WA 52240
BY/13Y
12 1141.1977 AIA DOCUMENT alit • OWN[R-ARCIIIIIC) ACREEMENf a IIIIIIIININ EDITION . WIT 1111 a AIM • ID 1111
THE AMERICAN INS ISUlf Of ARCIIIIICIS, 1717 NEW YORK AVENUE, N.W., WASHINGTON, O.C. 7010{
A/9
Article 15 - Other Conditions or Services
SUPPLEMENTARY CLAUSES AND PROVISIONS
15.1 BASIC SERVICES: The Architect shall be responsible for the design of
an indoor/ou oor swimming pool and associated facilities such that
the total construction cost shall not exceed $3,198,100. If the
lowest bona fide bid exceeds the amount of $3,198,100 or any other
j fixed limit as mutually agreed upon by Owner and Architect, the Owner
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 construction
cost.-, In case of (3), the Architect, without additional charge,
shall modify the drawings and specifications as necessary to bring
the construction cost within the fixed limit.
For the purposes of this Agreement, the specific person of Kevin
Monson shall be in charge as the project director. Changes in as-
signment shall be grounds for termination of this Agreement.
The Director of Parks and Recreation will be the Owner's representa-
tive with respect to the work to be performed in this Agreement. He
shall have complete authority to transmit instructions receive
information, process change orders, interpret and define policies and
decisions with respect to materials, equipment, elements and systems
pertinent to this project.
The Architect shall recognize that, due to the nature of this pro-
thetcourse of many other
thisindividuals will
The CitynwilleProvide additionad to some extent luccon-
struction supervision beyond that supervision required to be provided
by the Architect under the terms of this contract,
The Indoor/Outdoor Swimming Pool will be designed by the Architect.
It is understood that the work will be divided ipto two parts, Part
I will include the schematic design phase (paragraph 1.1), Part It
will include the design development phase (paragraph 1.2); construc-
tion documents phase (paragraph 1,3); bidding or negotiation phase
(paragraph 1.4); construction phase (paragraph 1.5); and constructioq
observation services (Appendix 1, paragraph 1.2.1.5). The phases of
services are included in this document as defined in AIA Document
8141-1977, Specific tasks for Part I and Part II are detailed in
Appendix 1 (Scope of Services), which is appended hereto and made a
part of this contract,
15.2 CONTRACT EXECUTION: Initiation of
approve y e e ectorate of the
Therefore, no work may begin on
Proceed is given to the Architect
understood that the Owner is under
in Part If until the written notice
to the Architect,
work on Part II is contingent upon
bond referendum, on June 3, 1986,
Part II until written notice to
by the Owner. It is expressly
no obligation for costs incunfed
to proceed to Part II is issued
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15.3 BASIC SERVICES: The Request for Proposal for Architectural and
Engineering Services, due by November 20, 1985, and the proposal
presented by Neumann Monson, P.C., received by the City Clerk on
November 20, 1985, are hereby made part of this Agreement. The
Architect will provide services and prepare documents as necessary
for the completion of the project described in these documents. The
City of Iowa City has adopted a Minority/Women's Business Enterprise
Commitment of 3%. The Architect will make every reasonable attempt
to meet this requirement.
15.4 BASIC SERVICES: The Architect, consultant(s), contractor(s) , subcon-
rac or s , vendor(s), etc., shall comply with all applicable fed-
eral, state, and local laws regarding equal employment opportunities
and non-discrimination.
15.5 BASIC SERVICES: At the completion of all Part I services, the Archi-
tect will present the documents developed to the Owner and the City
Council of Iowa City at a mutually agreed time, as deemed necessary
by the Owner.
15.6 BASIC. SERVICES: After final approval by the Owner, the Architect
will r revisions in drawings, specifications, and other
documents if requested by the Owner as part of Basic Services. Major
revisions to these documents requested by the Owner shall be made by
the Architect as additional services. Upon the Owner's request for
revisions, the Architect will advise Owner if the requested revision
is
with othe workminor
onomajormajor
revi ions requestedbyctheOwnerwill
not
proceed
ithout
written notice to proceed.
15.7 BASIC SERVICES: The Architect will research swimming pool facility
s a e-of- a-art and accumulate supplemental information to develop
design criteria.
15.8 BASIC SERVICES: In Part 11 Services, in addition to the services
liste in Paragraphs 1.2; 1.3; 1.4; 1.5; and 1.6, and the tasks in
Appendix 1 of this Agreement, it is agreed that the Architect will
notify the Owner when the Construction Documents Phase is 50% com-
plete and will meet with the Owner to review all portions of the
completed drawings including architectural, structural, civil, me-
chanical, electrical, and landscaping work.
The Architect will attend meetings and sessions as mutually agreed
upon as necessary during the construction stage.
15.9 PARAGRAPH 1.1.2:
Delete material indicated.
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15.10 PARAGRAPH 1.1.5:
Delete the entire paragraph, substitute:
The Architect will submit five copies of the Schematic Design studies
and. three sets of Statement of Probable Construction Costs based on
current area, volume or other unit costs.
15.11 PARAGRAPH 1.2.2:
Delete the entire paragraph, substitute:
The Architect will submit five copies of the Design Development
Documents and three sets of further Statement of Probable Construc-
tion Cost.
15.12 PARAGRAPH 1.3.5:
Add new paragraph.
The Architect shall submit five copies of the Construction Documents
and three sets of copies of the revised Statement of Probable Con-
struction Costs.
15.13 PARAGRAPH 1.5.3:
Delete last sentence.
15.14 PARAGRAPH 1.5.4:
Alter the first sentence as follows: Delete "in writing" and substi-
tute "herein." ,
Delete the second sentence, add sentences:
The Architect along with appropriate consultant(s) shall attend
regular scheduled and any specified meetings with Owners and Repre-
sentatives and contractor's representatives as required by the cir-
cumstances of the project. The Architect shall keep meeting minutes,
prepare a report of meeting and distribute copies to Owner offices
and contractors concerned.
15.15 PARAGRAPH 1.5.5:
Delete material indicated.
15.16 PARAGRAPHS 1.5.7 through 1.5.9:
Delete the entire paragraphs.
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15.17 PARAGRAPH 1.5.10:
Delete the entire paragraph, substitute:
The Architect shall interpret the requirements of the construction
contract documents. Interpretations and decisions of the Architect
shall be consistent with the intent of and reasonably inferable from
the Contract Documents and shall be in written or graphic form. The
Architect shall have the authority to act on behalf of the Owner. The
Owner shall be consulted by the Architect concerning interpretation
and decisions and be provided with a written copy of same.
15.18 PARAGRAPH
Delete the entire paragraph.
15.19 PARAGRAPH 1.5.14:
Delete material indicated.
15.20 PARAGRAPH 1_7,1:
Delete the entire paragraph,
15.21 PARAGRAPH 1.7.10:
Delete the entire paragraph.
15.22 PARAGRAPH 1,7,17:
Delete the entire paragraph.
15.23 PARAGRAPH
Delete the entire paragraph.
15.24 PARAGRAPH
Add the following sentences:
The Architect will complete the tasks described in Part I Services in
Appendix 1 and will submit this information to the Owner by 5:00
p.m., July 16, 1986. Initial preparation of plans and specifications
and bid documents shall be completed within 60 days after this con-
tract is executed, and notice to proceed is issued.
15.25 PARAGRAPH
Delete the entire paragraph.
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15.26 PARAGRAPH 2.5:
Delete the entire paragraph, substitute:
As part of the Basic Services in Part I, the Architect shall provide
geotechnical services consisting of borings and any other reports or
tests as required by law or the Contract Documents will be furnished
by the appropriate Contractor as specified in the Contract Documents.
15.21 PARAGRAPH 2.6:
Delete the entire paragraph, substitute:
As part of the Basic Services in Part Ii, the Architect shall review
structural, and othr
inspec-
tions, and reports iasl'required by 1 w ore
ethe aContract Documents, and
make appropriate comment or report to the owner. Such tests, inspec-
tions and reports to be conducted and furnished by. the appropriate
contractor as specified in the Contract Documents.
15.28 PARAGRAPH 2.8:
Delete material indicated, substitute:
...required by paragraph 2.7 shall be...
15.29 Article 3:
I
Delete entire article. '
I
15.30 PARAGRAPH 5.1.1:
Add last sentence.
No charges for transportation or communications shall be made for
services rendered by architect's personnel from the Sioux City, Iowa,
office.
15.31 PARAGRAPH 5.1.2:
Add these words to the last sentence:
....and two sets of documents to be supplied to the Owner,
15.32 PARAGRAPH 5.1.4:
Delete the entire paragraph, substitute:
All rates of pay for employees of the Architect working on this
project will be paid at regular straight time rates.
6
15.33 PARAGRAPH 6.1.2.
Add the following sentence:
I
Services performed will be identified in the monthly progress report
which will form the basis for monthly invoices.
15.34 PARAGRAPH
Delete the entire paragraph.
15.35 OWNERSHIP OF DOCUMENTS - PARAGRAPH 8.1.:
Delete the material indicated, and add the following:
The owner may use or re -use said drawings and specifications in
connection with this or similar projects, and architect shall not
assert any right or claim under design. patent, or copyright laws to
prevent such use by owner. Architect shall have no liabilitfor
such use or' re -use by owner. y
15,36 P------ pH Z=-%
Delete the entire paragraph.
15.37 ARBITRATION ARTICLE 9.:
Delete entire article and title and substitute the following:
DISPUTE RESOLUTION:
All claims, counterclaims, disputes and other matters in question
between Architect and the Owner arising out of or relating to this
Agreement or breach hereof will be decided by arbitration if the
parties mutually agree, or otherwise in a court of competent juris-
diction.
In any case in which Architect and the Owner mutually agree to submit
a matter to arbitration, such arbitration shall be conducted pursuant
to applicable statutes of the State of Iowa at the time in effect
and, to extent nce with the
CommercialeArbitration Rules ermitted batsthe time aid utin,effectesin cofathe American
Arbitration Association, unless the parties agree otherwise. The
party desiring such arbitration shall give notice to that effect to
the other party and shall in such notice appoint as one of the
arbitrators a disinterested person of recognized competence in the
field involved. Within ten (10) days thereafter, the other party
shall by notice to the original party appoint as an arbitrator a
second disinterested person of recognized competence in such field.
The arbitrators thus appointed shall appoint as a third arbitrator a
disinterested person of recognized competence in such field, and such
three arbitrators shall as promptly as possible determine such mat-
ter, provided that, if the second arbitrator is not appointed as
aforesaid, the matter shall be decided by the first arbitrator.
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The Architect and the Owner shall be entitled to present evidence to
the arbitrators or arbitrator as the case may be. The decision of
the arbitrators or arbitrator shall be in writing and shall be final
and binding upon Architect and the Owner, and judgment thereon may be
entered in any court of competent jurisdiction.
The fees and expenses of
P the arbitrators shall be divided equally
between Architect and the Owner, provided, however, that if the
arbitrators determine that either party has acted in bad faith in
referring any matter to arbitration or in the conduct of arbitration,
the arbitrators may, to the extent permitted by law, assess the party
acting in bad faith with more than one-half of the fees and expenses
of the arbitrators and all or a portion of the other party's
expenses, including attorney's fees.
No arbitration, arising out of or relating to thi.s Agreement, shall
include, by consolidation, joinder or in any other manner, any addi-
tional person or entity not a party to this Agreement except by
written consent of the Owner, Architect, and person or entity sought
to be joined. Any consent to arbitration involving an additional
person or entity shall not constitute consent to arbitration of any
dispute not described herein. Nothing herein shall be construed to
bind the parties to arbitration nor to bar legal remedies in law or
in equity with regard to civil liability, breach of contract or other
issues arising from this Agreement.
15.38 TERMINATION OF CONTRACT: ARTICLE 10.:
Delete entire article, except title and substitute-
The
owner contract
time bywrittentnotice tto the Architect. in The Architect whole or in hall betpaan
id
his costs, including contract close-out costs, reimbursable expenses,
and profits on work performed up to the effective date of termina-
tion. The Architect shall promptly submit his termination claim. If
the Architect has anyproperty in his possession belonging to the
Owner, the Architect will account for same, and dispose of it in the
manner the Owner directs.
15.39 PARAGRAPH 11:1.:
Delete the entire paragraph, substitute:
This Agreement shall be governed by the substantive laws of the State
Of Iowa, and not the laws of conflict of the State of Iowa.
15.40 PARAGRAPH 11.2.:
Add these words to the last sentence:
...and included as a part of this Agreement by reference.
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15, 41
COMPENSATION: PARAGRAPH 14.6.:
Delete the entire paragraph, substitute:
If owner wrongfully fails to pay any amount due to architect within
30 days from the date when due, the architect may increase the amount
wrongfully withheld by an amount equal to one percent per month, or
portion thereof, for which said payment is delinquent.
All rates used by the Architect as the basis of estimated compensa-
tion are subject to City audits. If such rates are determined to be
different as a result of audit, payments already made to the Archi-
tect shall be subject to appropriate refunds to the Owner accord-
ingly).
15.42 AUDIT AND INSPECTION OF RECORDS: The Architect shall keep and main-
s n a recons pert nen o this project for a period of three
years after completion and acceptance of the project and shall permit
the representatives of the Owner to inspect and audit all data and
records of the Architect relating to his performance under the con-
tract until the expiration of three (3) years after final payment
under this contract.
15,43 The Architect further agrees to include in all its subcontracts
hereunder provisions to the effect that the subcontractor (1) agrees
to keep and maintain all records pertinent to this project for a
period of threeyears after completion and acceptance of the project,
and (2) agrees that the Owner, or Owner's duly authorized representa-
andeacceptancemoflthe the
projject, have accesst
(o to after completion
ine any directly pertinent books, documents and the right reco
exam-
such subcontractor, involving transactions related papers,
the to
tor,
15.44 PROHIBITED INTERESTS: No member, officer, or employee of the Owner
oro aoca pu c body during his tenure or one year thereafter
shall have any interest, direct or indirect, in this contract or the
Proceeds thereof.
15,45 E UAL EMPLOYMENT OPPORTUNITY: In connection with the execution of
s con roc , e Arch tect shall not discriminate against any
employee or applicant for employment because of race, religion,
action toxensuretthatlapplicantsTareoenployed,sand ithe kemployeestare
ion, coloated rrisextorinationalmorigin. ith S cheact ons shall incld to their ude, but
not be limited to, the following: employment upgrading, demotion, or
transfer; recruitment or recruitment advertising; 'lay-off, or termi-
nation; rates of pay, or other forms of compensation; and selection
for training, inclung apprenticeship,
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15.46
MINORITY/WOMEN'S BUSINESS OPPORTUNITIES: In connection with the
per ormance o is con ract, he Arc i ect will cooperate with the
Owner in meeting its commitments and
goals with regard to the maximum
utilization of minority/women's business enterprises, and will use
reasonable efforts to ensure that MBEs and WBEs shall have practica-
ble_opportunity to canpete for subcontract work under this contract,
The Owner has set a 3% for
goal of MBE/WBE for this contract.
15.47
If any of the MBE or WBE subcontractors default on the contract, the
Architect will make a good faith effort to replace them with another
i
MBE or WBE subcontractor certified by the Owner as a bona fide MBE or
WBE for the remaining amount of
work of the defaulted subcontract.
15.48
PROGRESS REPORTS: The Owner will review the work progress by the
Architect and will be responsible for project guidance and direc-
tives,
provided however, that such review by owner shall not relieve
architect of its professional responsibilities
i
undertaken in this
contract.
15,49
This paragraph is unused.
j 15.50
The Architect will submit a monthly written statement of the status
of work within each phase.
15.51 SUBCONTRACT APPROVAL: Subcontracting, assignment, or transfer of all
or part of the uties, activities and responsibilities the Architect
is obligated to perform by the terms of this agreement are prohibited
except with prior written approval of the Owner. In the event the
Owner gives such approval, the party or parties to whom such work is
subcontracted, assigned, or transferred shall be bound and obligated
by the terms and conditions of this agreement as fully and completely
as the Architect, and the Architect shall thereafter, in writing, to
the satisfaction -of the Owner, identify the work to be performed by
such party or parties, The Architect shall have full responsibility
for the work performed by such party or parties.
15.52 This paragraph is unused.
15.53 MAINTENANCE OF RECORDS: The period of access and examination for
records w c re a e o (1) appeals under the "Arbitration" clause of
this contract; (2) litigation or the settlement of claims arising out
of the performance of this contract; or (3) costs and expenses of
this contract as to which exception has been taken by the owner,
shall continue until such appeals, litigation, claims or exceptions
have been disposed of.
15.54 PATENT RIGHTS: The Architect will save harmless and fully indemnify
I he Owner an all of its employees or agents from all damages, costs,
or expenses in law and equity, that may at any time arise, or be set
up, for any infringement of the patent rights of any person or per—
sons by architect in the design of the pool facility. The Owner will
give to the Architect prompt notice in writing of any suit or pro—
ceedidg and permit the Architect, through his counsel, to defend same
and will give all information, assistance, and authority available.
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15.55 ADMINISTRATION: The Director of Parks and Recreation or his designee
W1a mints er this contract for the Owner and will
Project Representative and will be serve as the
responsible for liaison between
the Owner and Architect.' The project director will be responsible
for representing the firm and its consultants and for all contacts
with the Owner.
15.56 The Project Director will direct and manage all services provided by
the Architect and its consultants.
15.57 All communication and contact between the Owner and Architect will be
the
only through the Office of the Director of Parks and Recreation and
ered'unofficialect runless othreserwiseeauthorized contacts will be consid-
15.58 INDEMNIFICATION: The Architect shall be responsible for and in-
dem� fy, defend, and hold harmless the Owner, its officers, and
employees from all claims and suits for loss of or damages to prop-
erty, or personal injuries, including death to persons, and from all
iJudgments said recovered therefor, and from all expens es incurred in
ngecourt costsclaims or and attorneyfeesand oothrcier expenses varion, ioutuof
errors, omissions, or negligent acts of the Architect or its consult-
ants in connection with the performance of this contract.
15.59 The Architect shall, without additional compensation, correct or
revise any errors or deficiencies in plans, reports and other serv-
ices performed by the Architect, and in addition, the Architect shall
be responsible for damages incurred by the Owner as a result of the
errors, omissions and negli
tractors, gent acts of the Architect and its subcon-
15.60 SAVINGS CLAUSE: If any provision of this agreement is held invalid,
e rema n er of this agreement shall not be affected thereby if such
remainder would then continue to conform to the terms and require-
ments of applicable law.
15.61 CONTRACT NON-PERFORMANCE: In the event of the Architect's non-com-
Muluchin
w ti t e prov s ons of this contract, the Owner shall impose
ontract sanctions asit may determine to be appropriate, in -
g, but not limited to;
A. Withholding of payments to the Architect under the contract until
the Architect complies, and/or
B. Cancellation, termination, or suspension of the
whole or in part. contract, in
15.62 If at any time it is determined by the Owner that, due to a negligent
or intentional act or Omission of the architect, there is any out-
standing right or claim of right in or to theproject pro erty b a
subcontractor of, or supplier, or service provider to theparchitect,
the Architect will acquire, extinguish or modify said right or claim
in a manner acceptable to the Owner.
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15.63 This paragraph is unused.
15.64 PROFESSIONAL RESPONSIBILITY: Although the Architect does not guaran-
tee performance by the construction contractor and subcontractors,
nothing in this Agreement nor any language used in any contract in
connection with this project shall be construed as relieving the
Architect from the obligation to perform its duties under this Agree-
ment in a professional and competent manner.
Approvals by the City shall not be deemed to be an assumption of
responsibility and liability by the City for any defect in the de-
signs, working drawings and specifications or other engineering
documents prepared by the Architect, their agents, employees and
other•.subcontractors, it being the intent of the parties that ap-
proval of the City signifies the City's approval of only the general
design concept of the improvements to be constructed.
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APPENDIX 1
SCOPE OF SERVICES
I
Part I Services shall include in Basic Services:
1.1.1 The Architect shall provide preliminary work resulting in:
1.1.1.1 Schematic design of the swimming pool, building(s) and site,
1.1.1.2 Detailed estimate of specific activities in areas (sq. ft.)
V of the facility,
1.1.1.3 Detailed cost estimate of the total project, including:
a, site preparation
b, construction of the structure(s)
c, purchase and installation of equipment
d. site improvements
e. other pertinent items
1.1.2 The Architect will provide facility programming services which will
include an analysis of the Owner's needs and programming requirements
of the. project..
1.1.3 It will be necessary for representatives of the Architect to work very
closely with the City of Iowa City staff. Progress reports (verbal)
will be required weekly to the Owner.
1.1.3.1 The Architect will investigate and identify existing site
problems and consider various alternative site plans for the
facility as they relate to design criteria.
1.1.4 The Architect will be required to develop a detailed site design in
coordination with the Owner's staff. The Architect will also be
required to prepare a preliminary layout of the design which will
consist of drawings and other documents, to sufficiently illustrate
the proposed concept for the approval of the Owner.
1.1.5 The Architect will also provide the following:
1.1.5.1 A soils testing program to provide information required to
design and construct facilities as per the Architect's draw-
ings and specifications.
1.1.5.2 This paragraph is unused.
1.1.6 The Architect will be responsible for and be required to:
1.1.6.1 Prepare project development scheduling, site development,
planning, detailed site utilization studies, on-site utility
studies, and coordinate consulting/review/approval.
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.1.1.6.2 The Architect will, with respect to' the schematic design
phase of the project, be responsible for architectural sche-
matic design (wherever possible utilizing data already avail-
able from the Owner), civil design concepts, structural
design concepts , electrical design concepts, mechanical
design concepts, landscape design concepts, interior design
concepts, statement of probable construction costs, agency
consulting/review/approval, Owner supplied coordination, and
presentation of project development scheduling.
Part II Services shall include in Basic Services:
1.2.1 The Architect shall be responsible for and be required to:
., .
1.2.1.1 With respect to the design development phase. of the project,
be responsible for architectural design development, civil
design development, which is to include but not to be limited
to engineering and design for stone sewers, traffic ways,
structural design development, electrical design development,
mechanical design development, landscape design development,
interior design development, outline specification, statement
of probable construction cost, agency consulting/review/ap-
proval, and project development scheduling.
1.2.1.2 The Architect will prepare working design and construction
documents consisting of Plans, specifications and bid docu-
ments. Such documentation will be prepared to facilitate
bidding and construction of logical and appropriate systems.
It will be the responsibility of the Architect to write all
specifications and bid documents for the construction of the
swimming pool facility, and specifications and bid documents
for all equipment of a special nature.
1.2.1.3 The Architect will, with respect to the construction docu-
ments phase of the project, prepare the following: architec-
tural working drawings, civil construction documents,
structural construction documents, mechanical construction
documents, electrical construction documents, landscape
construction documents, interior construction documents,
specifications, statement of probable construction cost, and
will be responsible for agency consulting/review/approval and
document checking/coordination. All construction documents
will be submitted to the owner for approval.
1.2.1.4 The Architect will, with respect to bidding, be responsible
for bidding documents and addenda, and for any negotiations
required prior to contract award.
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1.2.1.5 The Architect will, with respect to construction contract
administration, be responsible for construction observation,
shop drawings, (submittals and review), construction cost
accounting, supplemental documents, quotation requests and
change orders, testing and inspection coordination, part-time
project representation, project close-out, civil engineering,
structural engineering, mechanical engineering, electrical
engineering, landscape architecture and interiors, and prepa-
ration of record drawing of construction as actually accom-
plished.
1.2.1.6 The Architect will prepare the design of special furnishings
for the facility. Special attention must be paid to the
energy efficiency (construction and operation) of the pro-
ject. Solar energy techniques and state-of-the-art insulation
techniques should be explored as part of basic services.
1.2.1.7 The Architect will provide interior design and other similar
services for or in connection with the selection, procure-
ment, and installation of fixed equipment.
1.2.1.8 The Architect will provide a manual which will include
warranties, operating, and maintenance requirements for new
equipment systems, including solar or hot water heating
systems, based upon the recommendations of the appropriate
manufacturers.
1.2.1.9 At the completion of each construction stage, the Architect
will prepare and submit to the Owner a set of reproducible
record drawings showing significant changes in the work made
during construction based on marked -up prints, drawings and
other data furnished by the Contractor to the Architect.
1.2.2 The Architect shall:
1.2.2.1 Conduct regular weekly progress meetings with Contractor and
Owner and prepare minutes of same.
1.2.2.2 Receive and reply to all correspondence from Contractor.
1.2.2.3 Review the Contractor's construction schedule.
1.2.2.4 Recommend any changes to the work that may be needed or
desirable for the expeditious completion of the project,
Issue all change orders to the Contractor and review cost
proposals for same. All change orders shall first be ap-
proved by the Owner.
1.2.2.5 Provide review and analysis of any claims for delay and/or
additional compensation filed by the Contractor.
1.2.2.6 Review Contractor's monthly payment requisitions and recom-
mend appropriate payment approvals to the Owner.
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1.2.2:7 Review all shop drawings, samples, catalog cuts, brochures,
guarantees, and certificates for compliance with contract
documents.
1.2.2.8 Be responsible for all areas as outlined in this document.
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TYPICAL FEE-SCHEUULE - SWIMMING POUL Enclosed Type
Base Fee % Construction Phase
Construction Cost (Not including Field & Project
Const. Phase) Maximum
Management Fee %
$ 50,000 Multiple of
Hourly rate
100.000 8.8 See Note 3 10.75
150,000 8.6 Is 0
10.50
200,000 8.4 10.25
250,000 8.2
10.00
300,000 8.0 9.75
400,000 7.8
9.bo
500,000 7.6
9.6
600,u0u 7.4
9.OU
700,000 7.2
13.75
l'UOU'OOU 7.0
8.50
1.500,000 6.8
8.25
2,000,000
6.6
39500,000 6.4
7.75
-5,000,000 6.2
7.50
NOTES:
1. Fees are negotiable depending on specific
factors.
2. The complexity of the project (remodeling, renovation) may increase the
19 base fee depending on specific conditions.
3. In addition:to the base fee, we provide project management and
Inspection services at the following hourly field
Project Management u rates (local services only):
(Shop drawing, certification of p $45/hour
Field payments, etc.)
Inspection Services $150/per trip
Observation of construction)
Depending on Contractors performance and project complexity, total cost of
AIE Services, during the Construction Phase, may be less than the
percentage difference between Base and Maximum Fee. In no case shall the
fee exceed the Maximum Fee.
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NEUMANN MONSON, P.C.
IOWA CITY, IOWA
SCIDAILE OF IIOUNLY RAZES
The various personnel of the firm have been classified according to
experience and technical training, and the followingschedule of charges for
services will apply for all work performed during 19U6.
For the York undertaken in subsequent year, this schedule may be
negotiated upward as a direct result of salary escalation.
Classf ication
Clerical
Grade A Technician
Grade U Technician
Grade C Technician
Grade 1 Pre—Professional
Grade 2 Pre—professional
Grade 3 Professional
Grade 4 Professional
Grade 5 Professional
Principal
Senior Principal
Revised May, 1904
Hourly Rate
$2U.Uo
22.UU
26. OU
29.OU
2U.UU
3U.00
40.UU
45.00
50.00
55.Uu
60. U0
lvs3 l
I
ak
parks & recreation
department
to:The Honorable Mayor and Members
of the City council
MEMO
f rom: Terry G
re: Changes in Swimming Pool Contracts d a t e
for Architectural Services
Trueblood, Director
August 22, 1986 �C
Included in your packet of materials for the Council meeting of August 26th
are contracts to be entered into with the architectural firm of Neumann -
Monson. The contracts are for architectural services relative to the con-
struction of the new swimming pool at Mercer Park, and the renovation of
City Park pool.
Similar contracts were approved b You at
86
However, based on certain concerns expresseduboury the�architects'ore Neumann-
1attoy
of Jul, r e
and insurance carrier, some language changes were necessary bef
Monson could approve the contracts. Attached to this memorandum are copies
of several pages from the previous contracts approved by you, with ttn chanes
theenew contractsCeandnthe City Attorney changes
has has
approved by you on July 15th.
them. Other than these changes, the con tracts remain identical to those
With regard to the pool construction schedule, our plans now are to move
ahead as rapidly as possible, but the contract delays have affected the
original schedule as presented by the architects. lie still hope to open
the new pool facility sometime during late summer of 1987, but the City Park
of not Pool project might have to be delayed, in order to prevent any possibility
summer swimmiingnseason. Aool finaladecisionothe will beneral reachedbveryfor
soonheand87
new construction schedules developed. As plans progress, the Council will
be kept informed.
Attachment
cc: Stephen Atkins, City Manager
Parks and Recreation Commission Members
city of iowa city
Article 15 - Other Conditions or Services
SUPPLEMENTARY CLAUSES AND PROVISIONS
15.1 BASIC SERVICES: The Architect shall be responsible
an indoor/outdoor slimmingP for the design a
the total construction cstoshall d not soexceed ciated facilities such thaW3�(i8/00
lowest bona fide bid exceeds the amount of-�� 1f the
fixed limit as mutually agreed upon by Owner and Architect, th— eor �er��9g�Bv
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 req
cost: uired to reduce the probable construction
In case of (3), the Architect, without additional
shall modify the drawings and specifications as necessary charge,
to bring
the construction cost within the fixed limit:
For the purposes of this Agreement, the specific person of Kevin
Monson shall be in charge as the project director. Changes in as
-
of
shall be grounds for termination of this Agreement.
The Director of Parks and Recreation will be the Owner's representa-
tive with respect to the work to be performed in this Agreement. He
shall have complete authority to transmit instructions, receive
information, process change orders, interpret and define policies and
decisions with respect to materials, equipment, elements and systems
pertinent to this project.
The Architect shall recognize that, due to the nature of this pro-
ject, many other individuals will be involved to some extent during
the course of this project. The City will provide additional con-
struction supervision beyond that supervision required to be provided
by the Architect under the terms of this contract.
The Indoor/Outdoor Swimming Pool will be designed by the Architect.
It is understood that the work will be divided into two parts. Part
I will include the schematic design phase (paragraph 1.1).
will include the design development phase (paragraph 1.2); coPart II
nstruc-
tion documents phase (paragraph 1.3); bidding or negotiation phase
(paragraph 1.4); construction phase (paragraph 1.5); and construction
observation services (Appendix 1, paragraph 1.2,1.5). The phases of
services are included in this document as defin@@d in AIA Document
8141-1977. Specific tasks for Part I and Part n
! I are detailed i
Appendix 1 (Scope of Services), which is appended hereto and made n
part of this contract.
15.2 CONTRACT EXECUTION: Initiation of
agey e e ectorate of the
Therefore, no work may begin on
proceed is given to the Architect
understood that the Owner is under
in Part II until the written notice
to the Architect,
work on Part II is contingent upon
bond referendum, on June 3, 1986.
Part II until written notice to
by the Owner. It is expressly
no obligation for costs incurred
to proceed to 'Part II is issued
oL3y
ki
15.26 PARAGRAPH 2.5:
Delete the entire paragraph, substitute:
UM
3
As part of the Basic Services in Part I, the Architect shall provide
r geotechnical services consisting of borings and any other
reports or tests as required by law or the Contract Documents will be
furnished by the appropriate Contractor as specified in the Contract
Documents.
PARAGRAPH 2.6:
Delete the entire paragraph, substitute:
� Nvi.�sw
As part of the Basic Services in Part II, the Architect shall,,}}-ppew�
PMs, structural, mechanical, chemical, and other laboratoryet'sts,
inspections, and reports as required by law or the Contract Docu-
nen s� # Such tests, inspections and reports to be conducted and
furnished by the appropriate contractor as specified in the Contract
Documents.
PARAGRAPH 2.8:
Delete material indicated, substitute:
...required by paragraph 2.7 shall be...
15.29 Article 3:
Delete entire article.
15.30 PARAGRAPH 5.1.1: .
Add last sentence.
No charges for transportation or communications shall be made for
services rendered by architect's personnel from the Sioux City, Iowa,
office.
15.31 PARAGRAPH 5.1.2:
Add these words to the last sentence:
...and two sets of documents to be supplied to the Owner.
15.32 PARAGRAPH 5.1.4:
Delete the entire paragraph, substitute:
All rates of pay for employees of the Architect working on this
project will be paid at regular straight time rates.
1y3y
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15.33 PARAGRAPH 6.1.2.:
Add the following sentence:
Services performed will be identified in the monthly progress report
which will form the basis for monthly invoices.
15.34 ' PARAGRAPHS:
Delete the entire paragraph.
15.35 OHNERSHIP OF DOCUMENTS - PARAGRAPH 8.1.:
Delete th'"P..,w
15.36
PARAGRAPH 8.2.:
Delete the entire paragraph.
15.37 ARBITRATION ARTICLE 9.:
Delete entire article and title and substitute the following:
DISPUTE RESOLUTION:
All claims, counterclaims, disputes and other matters in question
between Architect and the Owner arising out of or relating to this
paritration if artiesnmutuallyt or eagree, orf otherwise will be incad ed oust bcanpetent jurise
diction. of
In any case in which Architect and the Owner mutually agree to .submit
a matter to arbitration, such arbitration 'shall be conducted pursuant
I to applicable statutes of .the State of Iowa at the time in effect
and, to the extent permitted by said statutes, in accordance with the
Commercial Arbitration Rules at the time in effect of the American
Arbitration Association, unless the parties agree otherwise, The
party desiring such arbitration shall give notice to that effect to
the other party and shall in such notice 'appoint as one of the
arbitrators a disinterested person of recognized competence in the
field involved. Within ten (10) days thereafter, the other party
shall by notice to the original party appoint as an arbitrator a
second disinterested person of recognized competence in such field.
The arbitrators thus appointed shall appoint as a third arbitrator a
disinterested person of recognized competence in such field, and such
three arbitrators shall as promptl as Possible determine such mat-
ter, provided that, if the matter shall ebe decided secony rb yttheofirst arbitrator. as
1�13y
iy351
I
iy351
15.41 COMPENSATION: PARAGRAPH 14.6.:
—I
Delete the entire paragraph substitute -
rates used by a Architect as the basis of estimated compensa-
tion are subject to City audits. If such rates are determined to be
different as a result of audit, payments already made to the Archi-
tect shall be subject to appropriate refunds to the Owner accord-
ingly.
15.42. AUDIT AND INSPECTION OF RECORDS: The Architect shall keep and main -
t;
n a recor s
pertinent to this project for a period of three
years after completion and acceptance of the project and shall permit
the representatives of the Owner to inspect and audit all data and'
records of the Architect relating to his performance under the con-
tract until the expiration of three (3) years after final payment
under this contract.
15.43 The Architect further agrees to include in all its subcontracts
hereunder provisions to the effect that the subcontractor (1) agrees
to keep and maintain alI.records pertinent to this project for a
period of three years after completion and acceptance of the project,
and (2) agrees that the Owner, or Owner's duly authorized representa-
tive, shall, until the expiration of three (3) years after completion
and acceptance of the project, have access to and the.right to exam-
ine any directly pertinent books, documents, papers, and records of
such subcontractor, involving transactions related to the subcontrac-
tor.
15.44 PROHIBITED INTERESTS: No member, officer, or employee of the Owner
or of a local pub is body during his tenure or one year thereafter
shall have any interest, direct or indirect, in this contract or the
proceeds thereof.
15.45 EQUAL EMPLOYMENT OPPORTUNITY: In connection with the execution of
this con rac, , the AFERTEct shall not discriminate against any
employee or applicant for employment because of race, religion,
color, sex or national origin. The Contractor shall take affirmative
action to ensure that applicants are employed, and the employees are
treated during their employment, without regard to their race, relig-
ion, color, sex or national origin. Such actions shall include, but
not be limited to, the following: employment upgrading, demotion, or
transfer-, recruitment or recruitment advertising; lay-off, or termi-
nation; rates of pay, or other forms of compensation; and selection
for training, including apprenticeship.
15.46 MINORITY/WOMEN'S BUSINESS OPPORTUNITIES: In connection with the
per ormance of this contract, a rc ect will cooperate with the
Owner in meeting its commitments and goals with regard to the maximum
utilization of minority/women's business enterprises, and will use
reasonable efforts to ensure that MBEs and WBEs shall have practica-
ble opportunity to compete for subcontract work under this contract.
The Owner has set a goal of 3% for MBE/WDE for this contract.
I f1& el
r
I
N
I
15.47 If any,of the MBE or WBE subcontractors default on the contract, the
Architect will make a good faith effort to replace them with another
MBE or WBE subcontractor certified by the Owner as a bona fide MBE or
WBE for the remaining amount of work• of the defaulted subcontract.
15.48 PROGRESS REPORTS: The Owner will review the work progress by the
Architect ad5w1 be responsible for project, guidance and dire
tiv sj:��jj��jj
15.49 nt ifscL�w rrE4 s
�7riirPar4�rs�ti it wnslSe
15.50 The Architect will submit a monthly written statement of the status
of work within each phase.
15.51 SUBCONTRACT APPROVAL: Subcontracting, assignment, or transfer of all
or part of the u es, activities and responsibilities the Architect
is obligated to perform by the terms of this agreement are prohibited
except with prior written approval of the Owner. In the event the
Owner gives such approval , the party or parties to whom such work is
subcontracted, assigned, or transferred shall be bound and obligated
by the terms and conditions of this agreement as fully and completely
as the Architect, and the Architect shall thereafter, in writing, to
the satisfaction of the Owner, identify the work to be performed by
such party or parties. The Architect shall have full. responsibility
ffo�r' the work performed by such party or parties.
15.52?he�sllnmM�lliewl�P ��, Kn�(sed. -
15.53 14AINTENANCE OF RECORDS: The period of access and examination for
recor s w c relate to (1) appeals under the "Arbitration" clause of
this contract; (2) litigation or the settlement of claims arising out
of the performance of this contract; or (3) costs and expenses of
this contract as to which exception has been taken by the owner,
shall continue until such appeals, litigation, claims or exceptions
have been disposed of.
15.54 PATENT RIGHTS: The Architect will save,,.harmless harmless and
fullyindemnify the Owner and all of its employees or agents from all
damages, costs, or expenses in law and equity, that may at any time
arise, or be set up, for any infringement of the patent rights of any
person or person&&- -- -- - ••- ••-
.• 4L- M1. _ L
90-65, so A -44 -Mg qF484911i hy 00
"&W4-7 The Owner will give to the Architect prompt notice in writing
of any suit or proceeding and permit the Architect, through his
counsel, to defend same and will give all information, assistance,
and authority available.
iy3
10
15.55 A014INISTRATION: The Director of Parks and Recreation or his designee
will administer this contract for the Owner and will serve as the
Project Representative and will be responsible for liaison between
the Owner and Architect. The project director will be responsible
for representing the firm and its consultants and for all contacts
with the Owner.
15.56
The Project Director will direct and manage all services provided by
the Architect and its
consultants.
15.57
All communication and contact between the Owner and Architect will be
only through the Office
of the Director of Parks and Recreation and
the Project Director, respectively. Other contacts
will be consid-
ered unofficial unless otherwise authorized.
15.58
INDEMNIFICATION: The Architect shall be responsible for and
in emn y, a end, and hold
harmless the Owner, its officers, and
employees from all claims and suits for loss
of or damages to prop-
erty, or personal injuries, including death to persons, and from all
Judgments recovered therefor,
and from all expenses incurred in
defending said claims or suits, or enforcingthis
includ-
ing court costs and attorney fees and otheexpensv
errors, Omissions, esarisingoutof
or negligent acts of the Architect or its consult-
ants in connection with the
performance of this contract.
15.59
The Architect shall, without additional compensation, correct or
revise any errors or deficiencies
in plans, reports and other serv-
ices performed by the Architect, and in addition, the Architect
h
shall
be responsible for damages incurred by the Owner
a result of the
errors, omissions and negligent acts of the Architect and its subcon-
tractors.
15.60 SAVINGS CLAUSE: If any provision of this agreement is held invalid,
the rema nder of this agreement shall not be affected thereby if such
remainder would then continue to conform to the terms and require-
ments of applicable law.
15.61 CONTRACT NON-PERFORMANCE: In the event of the Architect's non -com-
p iance w th the prov sons of this contract, the Owner shall impose
such contract sanctions as it may determine to be appropriate, in-
cluding, but not limited to:
A. Withholding of payments to the Architect under the contract until
the Architect complies. and/or
B. Cancellation, termination, or suspension of. the contract, in
whole or in part, , ,!
15.62 y me it is determine he `OwRert a
If at antit�r any
standing right or claim of right in or to the project property;#44s.
ct
modify said right or claim �nha mannereacceptablegotor
the extie90� i� sho
�F�.Lo`�tj! � •��(.� atm A+
'T
11
15.63 `_7liit ora r iSKrlKse ju
15.64 PROFESSIONAL RESPONSIBILITY: Although the Architect does not guaran-
tee per ormance y e construction contractor and subcontractors,
nothing in this Agreement nor any language used in any contract in
connection with this project shall be construed as relieving the
Architect from the obligation to perform its duties under this Agree-
ment in a professional and competent manner.
Approvals by the City shall not be deemed to be an assumption of
responsibility and liability by the City for any defect in the de-
documehtsorprepareddrawings
the and specifications
their or agents, p�oyeeserand
proval of therCityrsigniifiesithetCity'she tappr valthe
ofparties
the generhat al
design concept of the improvements to be constructed. the A..r�r..r
s eei.�■ . . . _
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12
APPENDIX 1
SCOPE OF SERVICES
Part I Services shall include in Basic Services:
1.1.1 The Architect shall provide preliminary work resulting in:
1.1.1.1 Schematic design of the swimming pool, building(s) and site,
1.1.1.2 Detailed estimate of specific activities in areas (sq. ft.)
of the facility,
1.1.1.3 Detailed cost estimate of the total project, including:
a. site preparation
b. construction of the structure(s)
c. purchase and installation of equipment
d. site improvements
e, other pertinent items
1.1.2 The Architect will provide facility programming services which will
include an analysis of the Owner's needs and programning requirements
of the project.
1.1.3 It will be necessary for representatives of the Architect to work very
closely with the City of Iowa City staff. Progress reports (verbal)
will be required weekly to the Owner.
1.1.3.1 The Architect will investigate and identify existing site
problems and consider various alternative site plans for the
facility.as they relate to design criteria.
1.1.4 The Architect will be required to develop a detailed site design in
coordination with the Owner's staff. The Architect will also be
required to prepare a preliminary layout of the design which will
consist of drawings and other documents, to sufficiently illustrate
the proposed concept for the approval of the Owner.
1.1.5 The Architect will also provide the following:
1.1.5.1 A soils testing program
.io..mWqwir to provide information required to design and
construct facilities as per the Architect's drawings and
specifications.
i;Jiis4craa _� iJ wdgsed
1.1.5.2 - .. �� ..jr
1.1.6 The Architect will be responsible for and be required to:
1.1.6.1 Prepare project development scheduling, site development,
planning, detailed site utilization studies, on-site utility
studies, and coordinate consulting/review/approval.
OT
Ire fixed I'm"* The providing of such service sir
IF
Bit Archilecl's responsibilily� ora the
eslablbbmenl o ed I(m a g done so, the
Architect shall be a en,, for all services
perfornse o,dance with I 1 "'t, whether
se Construction Phase Is commence .
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct sal-
aries of all the Architect's personnel engaged on the Proj-
ect, and the portion of the cost of their mandatory and
customary contributions and badefils related thereto, such
as employment taxes and other statutory employee bene-
fits, Insurance, sick leave, holidays, vacations, pensions
and similar contributions and benefits.
ARTICLE S
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Com-
pensation for Basic and Additional Services and Include
actual expenditures made by the Architect and the Archl-
lecl's employees and consultants in the Interest of the
Project for, the expenses listed in the following Sub-
paragraphs:'
5.1.1 Expense of transportation In connection with the
Project; living expenses In connection with out-of-town
travel; long distance communlcationst and lees paid for
securing approval of authorities having jurisdiction over
the Project. SEE /5.30
5.1.2 Expense of reproductions, postage and handling of
Drawings, Specifications and other documents, excluding
reproductions for the office use of the Architect and the
Architect's consultants. 51EI6 I.T. a / -
5.1,3 Expense of data processing and photographic pro-
duction techniques when used in connection with Addi-
tional Services.
or extended through no fault of the Architect, compensa-
tion sot any Basic Services required for such extended
Period of Administration of the Construction Contract
shall be computed as set forth in Paragraph 14,4 for Addi-
tional Services.
6.2 PAYMENTS ON ACCOUNT OF
ADDITIONAL SERVICES
6.2.1 Payments on account of the Architect's Additional
Services as defined In Paragraph 1.7 and for Reimbursable
Expenses as defined In Article 5 shall be made monthly
upon presentation of the Architect's statement of services
rendered or expenses Incurred.
6.3 PAYMENTS WITIRIELD
6.3.1 No deductions shall be made from the Architect's
compensation on account of penally, liquidated damages
or other sums withheld from payments to contractors or
on account of the cost of changes In the Work other t{san
those for which Ahe Architect Is held legally liable.
6.4 PROJECT SUSPENSION OR TERMINATION
6.4,1 If the Project is suspended or abandoned In whole
or In part for more than three months, the Architect shall
be compensated for all services performed prior to receipt
of written notice from the Owner of such suspension or
abandonment, together with Reimbursable Expenses then
due and all Termination Expenses as defined in Paragraph
10.4, If the Project is resumed alter being suspended for
more than three months, the Architect's compensation
shall be equitably adjusted,
5.1,4
ARTICLE 7
5.1,5 Expense of rendelings, models and mock-ups re-
quested by the Owner. ARCIIITECT'S ACCOUNTING RECORDS
5.1.6 Expense of any additional Insurance coverage or 7.1 Records of Reimbursable Expenses and expensesper-
limits, including professional liability Insurance, requested taining to Additional Services and services p
e erformed on
by the Owner In excess of that normally carried by Ilse The basis of a Multiple of Direct Personnel Expense shall
Architect and the Architect's consultants. be kept on the basis of generally accepted accounting
ARTICLE 6
PAYMENTS TO TIIE ARCHITECT
6.1 PAYMENTS ON ACCOUNT or BASIC SERVICES
6.1.1 An Initial payment as set lorlh in Paragraph 141 Is
the minimum payment under this Agreement.
6.1,2 Subsequent payments for Basic Services shall he
made monthly and shall be Inproportion to services per-
fnimed within each Phase of services, on the basis set
forth In Article 14. S E'iff IJ -,33
6.1.3 If and to the extent that the Contract Time Initially
established In the Contract for Construction Is exceeded
SEE
r3V
principles and shall be available to the Owner or the
Owner's authorized representative at mutually convenient
times.
ARTICLE 0 \A�
OWNERSIIIP AND USE OF DOCUMENTS t �Q�G
8.1 Drawings and Specifications as Instruments of set v- C�
Ice are and shall remain the property of the Architect
whether the Project for which they are made Is executed
or not. The Owner shall be permilled to retain copies, In.
chiding reproducible copies, of Drawings and Specifica-
tions for Information and reference in connection with Ilse
Owner's use and occupancy of the Pro ect.iL.D.n.Msr.
1977
7111 AMGICAN INirntlrl Or A CINITICH,O1739 NEW YORKr AVINW, N,W.,trunoN•411INGIOr3,lAD.C.�2mm 81414977 7
-I
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RESOLUTION NO. 86-283
RESOLUTION RESCINDING PRIOR RESOLUTION NO. 86-233 AND AUTHORIZ-
ING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AMENDED AGREEMENT FOR THE PROVISIONS OF ARCHITECTURAL
SERVICES WITH NEUMANN MONSON, P.C., ARCHITECTS, FOR THE DESIGN
OF THE IMPROVEMENTS TO AND THE RENOVATION OF CITY PARK POOL IN
IOWA CITY.
WHEREAS, the City Council of the City of Iowa City did, with the assis-
tance of a Joint Swimming Pool Committee established by the City and the
Iowa City Community School District, study swimming pools needs within the
community, and did determine that a new joint swimming pool facility
should be constructed at Mercer Park adjacent to Southeast Junior High
School, and that City Park Pool should be improved and renovated; and
WHEREAS, upon the recommendation of the Joint Swimming Pool Committee, the
City Council of the City of Iowa City did call a special election upon the
proposal to issue $3,715,000 of general obligation bonds to finance the
renovation of the City Park Pool Facility and to finance the City's share
of the construction of the joint pool facility at Mercer Park; and
WHEREAS, at said special election held on June 3, 1986, the electorate of
Iowa City approved the issuance of general obligation bonds for said
purposes; and
WHEREAS,an Agreement was negotiated and prepared with Neumann Monson,
P.C., Architects, for the provision of architectural services in connec-
tion with the design of the improvements to and renovation of the City
Park Pool, which Agreement was approved for execution by the City pursuant
to Resolution No. 86-233, passed and approved on July 15, 1986; and
WHEREAS, due to concerns about insurance coverage it was necessary for the
parties to renegotiate and amend certain provisions of said Agreement; and
WHEREAS, this City Council has been advised and does believe that it would
be in the best interests of the City of Iowa City to execute and enter
into said Agreement as amended, for the provision of said architectural
services, a copy of which is attached hereto and made a part hereof.
i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that prior Resolution No. 86-233 be and the same is hereby
i rescinded.
AND BE IT FURTHER RESOLVED that the Agreement, as amended, for the provi-
sion of architectural services by and between the City and Neumann Monson,
P.C., a copy of which is attached hereto and by this reference made a part
hereof, is hereby approved as to form and content.
AND BE IT FURTHER RESOLVED that the Mayor is hereby authorized and di-
rected to execute, and the City Clerk to attest, said Agreement for and on
behalf of the City of Iowa City, Iowa.
/vss
T
I
Resolution No. 86-283
Page 2
It was proved by Dickson and seconded by _ Courtney the Resolution
be adopted, and —up-5-57-61T—ca—TTthere were:
AYES: NAYS: ABSENT:
X AMBRISCO
R BAKER
X COURTNEY
X DICKSON
X MCDONALD
X STRAIT
X ZUBER
Passed and approved this 26t.] day of pn¢ust , 1986,
ATTEST:
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA'DOCUment 8141
Standard Form of Agreement Between
Owner and Architect
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
AGREEMENT
made as of the day of in the year of Nineteen
Hundred and
BETWEEN the Owner: CITY OF IOWA CITY
410 EAST WASHINGTON STREET
IOWA CITY, IOWA 52240
and the Architect: NEUMANN MONSON, P.C.
226 SOUTH CLINTON STREET
IOWA CITY, IOWA 52240
For the following Project:
(Include deulled description of Prosect location lndlcope.)
RENOVATION OF CITY PARK SWIMMING POOL AND CONSTRUCTION OF A NEW BATH HOUSE.
The Owner and the Architect agree as set forth below
Co"'Ishl 1111, Im. 1111. Int ltsl, 1U1 t%1, in), 116(, I1M, 1110, 1111, O 1111 the A,wirvin InNNure
of AlthNl<U, HIS New Ynrl A.tnuq NYS., WNhlngavn, O.C. 10001. 110rpdu<IIaA 0 IM ANU',tr htuln or
InhuenlHl 1uelHlon al b, Ororidom "1'0ul gal-miIIII, of the AIA 11118111 IM tep)H[hl IIw1 N the Unlled
1blb end will he tuhleel to legal prnutWlon.
AIA DOCUMIINI 1111 • OWN(1•AI(HUtCT AGIn(MINI •III II[N111 (DSI ION • IDLY IM/ • AIA41 t m IU1
lift AM((ICAN IN1(IIUIe Of AICHIIICn, 1111 NOW Y01 AVINUI, M, W., WASHINGTON, O.C. JIM El/l•1977 1
/�13 f
a
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five
phases described in Paragraphs 1.1 through 1.5 and
include normal structural, mechanical and electrical
engineering services and any other services included
in Article 15 as part of Basic Services.
1.1 SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished
by the Owner to ascertain the requirements of the Project
and shall review the understanding of such requirements
with the Owner.
1.1.2 The Architect shall provide a preliminary evalua-
tion of the program and the Project budget requirements,
each in terms of the other, SfrE /59
1.1.3 The Architect shall review with the Owner alterna-
tive approaches to design and construction of the Project.
1.1.4 Based on the mutually agreed upon program and
Project budget requirements, the Architect shall prepare,
for approval by the Owner, Schematic Design Documents
consisting of drawings and other documents illustrating
the scale and relationship of Project components.
1.1.5
1,2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Docu-
ments and any adjustments authorized by the Owner In
the program or Project budget, the Architect shall pre-
pare, for approval by the Owner, Design Development
Documents consisting of drawings and other documents
to fix and describe the size and character of the entire
Project as to architectural, structural, mechanical and elec.
trical systems, materials and such other elements as may
be appropriate.
1.2,2 'ire -'I el Reel yilall 9nhnA Is die Own— a' "'
SeE IJI1
1,3 .'CONSTRUCTION DOCUMENTS PHASE
1.3.1 Based on the approved Design Development Doc-
uments and any further adjustments in the scope or qual-
ity of the Project or in the Project budget authorized by
the Owner, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Draw-
ings and Specifications setting forth in detail the require.
ments for the construction of the Project.
1.3.2 The Architect shall assist the Owner In the prepara-
tion of the necessary bidding Information, bidding forms,
the Conditions of the Contract, and the form of Agree-
ment between the Owner and the Contractor.
1.3.3 The Architect shall advise the Owner of any adjust-
ments to previous Statements of Probable Construction
Cost indicated by changes in requirements or general
market conditions.
1.3.4 The Architect shall assist the Owner in connection
with the Owner's responsibility for filing documents re-
quired for the approval of governmental authorities hav-
ILS
in g1urisdiclio�la1gE the Protect.
1.4 BIDDING OR NEGOTIATION PHASE
1.4,1 The Architect, following the Owner's approval of
the Construction Documents and of the latest Statement
of Probable Construction Cost, shall assist the Owner in
obtaining bids or negotiated proposals, and assist in
awarding and preparing contracts for construction.
1.5 CONSTRUCTION PHASE—ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1.5.1 The Construction Phase will commence with the
award of the Contract for Construction and, together with
the Architect's obligation to provide Basic Services under
this Agreement, will terminale when final payment to the
Contractor is due, or in the absence of a final Certificate
for Payment or of such due dale, sixty days after the Dale
of Substantial Completion of the Work, whichever occurs
first.
1.5.2 Unless otherwise provided in this Agreement and
incorporated in the Contract Documents, the Architect
shall. provide administration of the Contract for Construc.
tion as set forth below and in the edition of AIA Docu-
ment A201, General Conditions of the Contract far Con-
struction, current as of the dale of this Agreement.
1.5.3 The Architect shall be a representative of the
Owner during the Construction Phase, and shall advise
and consult with the Owner, Instructions to the Contrac-
tor shall be forwarded through the Architect.3ffi�ha•/aa19L
In IHn Pnnlrtrl nnrumanle.
"iby
`-arda04y IYW1 f„ 'ap 1 C 16 tJG �/ 3
/f
1.5.4 The Architect shall visit the site at intervals ap-
propriate to the stage of construction or as otherwise
agreed by the Architect ir4.4.... If o become generally
familiar with the progress and quality of the Work and to
determine In general if the Work Is proceeding in accord.
ance with the Contract Documents.11taw41sy9rdS`...1.1 t]EE
sell shall nal hrr •9q '•Rd u ti
tineees ml9Re ilssNo, lisnl la eh9dr •`"-rlt:;_qu.,, /Af• /1
-liq d th9 "'^•u On the basis of such on-site observa-
tions as an architect, the Architect shall keep the Owner
informed of the progress and quality of the Work, and
shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor.
1,5,5 The Architect shall not have control or charge of
and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for
safely precautions and programs In connection with the
Work, for the acts or omissions of the Contractor, Sub -
AIA DOCUMINT 9141 . OWNICAKCIm ICT AGUfAII NI . 11119fl[NIII [OIIION . IULY 1971 . AIM . 4a 1977
THE AMERICAN INSIIIUTE OF ARCNII[CIS, IflS N[W YORK AVENUE, N, W.. WASHINGTON, D.C. 20006 BN1.1977 7
/r/3.S
SEE
contractors or any other persons performing any of the
Workr
TEE
1.5.6 The Architect shall at all times have access to e77
Work wherever it is in preparation or progress.
1.5.7
r... I[ Ine Architect shall have authority to reject Work
which does not conform to the Contract Documents.
Whenever, In the Architect's reasonable opinion, It Is
8111-1977
AIA
THE
necessary or advisable for rhe implementation of the intent
of pre Contract Documents. the Architect will have awhor-
TY torequire special inspection or testing of the Work in
accordance with the provisions of the Contract Docu-
ments, whether or not such Work be then fabricated, in-
stalled or completed.
1.5.13 The Architect shall review and approve or take
other appropriate action upon the Contractor's submittals
such as Shop Drawings, Product Data and Samples, but
only for conformance with the design concept of the
Work and with the information given in the Contract
Documents. Such action shall be taken with reasonable
Promptness so as to cause no delay. The Architect's ap•
proval of a specific item shall not indicate approval of an
assembly of which the item is a component.
1.5.14 The Architect shall prepare Change Orders for
the Owner's approval and execution in accordance with
the Contract Documents
1,5.15 The Architect shall conduct inspections to deter•
mine the Dates of Substantial Completion and final com-
pletion, shall receive and forward to the Owner for the
Owner's review written warranties and related documents
required by the Contract Documents and assembled by
The Contractor, and shall Issue a final Certificate for Pay.
menl.
1.5.16 The extent of the duties, responsibilities and lim.
itations of authority of the Architect as the Owner's rep-
resentative during construction shall not be modified or
extended without written consent of the Owner, the Con•
tractor and the Architect.
1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.6.1 If the Owner and Architect agree that more ex•
lensive representation at the site than is described In
Paderagraph 1.5 shall be provided, the Architect shall pro•
vione Or more Project Representatives to assist the
Architect in carrying out such responsibilities at The site.
1.6.2 Such Project Representatives shall be selected, em-
ployed and directed by the Architect, and the Architect
shall be compensated therefor as mutually agreed be.
'ween he Owner and the Architect as set forth in an ex•
hibtt appended to this Agreement, which shall describe
the duties, responsibilities and limitations of authority of
such Project Representatives.
1,6.3 Through the observations by such Project Repre•
sentatives, the Architect shall endeavor to provide further
deficiencie
in the u
Protection
but Thee furnishing of suchcProjets ct representa.
tion shall not modify the rights, responsibilities or obliga•
lions of the Architect as described in Paragraph 1.5,
1.7 ADDITIONAL SERVICES
The following Services are not Included In Basic
Services unless so identified in Article 15. They shall
be provided If authorized or confirmed in willing by
the Owner, and they shall be paid for by the Owner
as provided in this Agreement, in addition to the
compensation for Basic Services,
MtW YORKr AVWUE, lot
NW,, S ASIIINOrnNIAnr D, ri air
itrr
1.7.1
SEE /I
1.7.2 Providing financial feasibility or other special
studies.
1.7.3 Providing planning surveys, site evaluations, envi-
ronmental studies or comparative studies of prospective
sites, and preparing special surveys, studies and submis.
sions required for approvals of governmental authorities
or others having jurisdiction over the Project.
1.7.4 Providing services relative to future facilities, sys-
tems and equipment which are not intended to be con.
structed during the Construction Phase.
1.7.S Providing services to investigate existing conditions
. or facilities or to make measured drawings thereof, or to
verify the accuracy of drawings or other information fur.
nished by the Owner.
1.7.6 Preparing documents of alternate, separate or
sequential bids or providing extra services in connection
with bidding, negotiation or construction prior to the
completion of the Construction Documents Phase, when
requested by the Owner.
1.7.7 Providing coordination of Work performed by
separate contractors or by the Owner's own forces.
1.7,8 Providing services in connection with the work of
a construction manager or separate consultants retained
by the Owner.
1.7.9 Providing Detailed Estimates of Construction Cost,
analyses of owning and operating costs, or detailed quill-
tity surveys or Inventories of material, equipment and
labor.
1.7.10
SEE /9 v
1.7.11 Providing services for planning tenant or rental
spaces.
1.7.12 Making revisions In Drawings, Specifications or
other documents when such revisions are Inconsistent
with written approvals or Instructions previously given,
are required by the enactment or revision of codes, laws
or regulallons subsequent to the preparation of such doc•
uments or are due to other causes not solely within the
control of the Architect.
1.7.13 Preparing Drawings, Specifications and supporting
data rind providing other services In connection with
Change Orders to the extent that the adjustment In the
Basic Compensallon resulting from the adjusted Con.
struclion Cost Is not commensurate with the services re-
quired of the Archilect, provided such Change Orders are
required by causes not solely within the control of the
Architect.
1.7.14 Making investigations, surveys, valuallont, In
tortes or detailed appraisals of existing facllflles, and sven•erv•
Ices required in connection with construction performed
by the Owner,
l
replacemnt of
any Work damaged Providing bylfire or other tation ncause dur ngecon.
AIA DOCIIM[NI 1111 • OWrlgdlcNtiECI AGI((M[Nr
III[ AMIxIGN IMnmm ... ..._ rNlxl[lrlbl ronin.
struclion, and furnishing services as may be required in
connection with the replacement of such Work.
1.7.16 Providing services made necessary by the default
of the Contractor, or by major defects or deficiencies in
the Work of the Contractor, or by failure of performance
of either the Owner or Contractor under the Contract for
Construction.
1.7.17
' SEE
1.7.18
SEE
/5�_'
1.7.19 Providing services after Issuance to the Owner of
the final Certificate for Payment, or in the absence of a
final Certificate for Payment, more than sixty days after
the Dale of Substantial Completion of the Work,
1.7.20 Preparing to serve or serving as an expert witness
in connection with any public hearing, arbitration pro.
ceeding or legal proceeding.
1.7.21 Providing services of consultants for other than
the normal architectural, structural, mechanical and elec.
trical engineering services for the Project.
1.7.22 Providing any other services not otherwise in.
eluded In this Agreement or not customarily furnished In
accordance with generally accepted architectural practice.
1.8 TIME
1.8.1. The Architect shall perform Basic and Additional
Services as expeditiously as Is consistent with professional
skill and care and the orderly progress of the Work. Upon
request of the Owner, the Architect shall submit for the
Owner's approval a schedule for the performance of the
Architect's services which shall be adjusted as required as
the Project proceeds, and shall Include allowances for peri-
ods of time required for the Owner's review and approval
of submissions and for approvals of authorities having
Jurisdiction over the Project. This schedule, when approved
by the Owner, shall not, except for reasonable cause, be
exceeded by the Architect. TEE
ARTICLE 2 T
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full Information regarding
requirements for We Project Including a program, which
shall set forth the Owner's design objectives, constraints
and criteria, Including space requirements and relation•
ships, flexibility and expandability, special equipment and
systems and site requirements.
2.2 If the Owner provides a budget for the Project It
shall include contingencies for bidding, changes In the
Work during construction, and other costs which are the
responsibility of the Owner, Including those described in
this Article b The Owner shall,
at the request of the Archilect, provide a statement of
funds available for the Project, and Ihelr source.
A • m 1911
D.C. 20006 8141-1977 S
1413-15,
al )
2.3 The Owner shall designate, when necessary, a rep-
resentative authorized to. act in the Owner's behalf with
respect to the Project. The Owner or such authorized
representative shall examine the documents submitted by
the Architect and shall render decisions pertaining thereto
promptly, to avoid unreasonable delay in the progress of
the Architect's services.
2.6
2.7 The Owner shall furnish all legal, accounting and in
surance counseling services as may be necessary at any
time for the Project, including such auditing services as
the Owner may require to verify the Contractores Applica-
tions for Payment or to ascertain how or for what pur-
poses the Contractor uses the moneys paid by or on be-
half of the Owner,
2.8 The services, Information, surveys and reports r9 -
furnished at she Owner's expense, and the Architect shall
be entitled to relyu on the accuracy and completeness
f. Sgt
thereoJj 8
2.9 If the Owner observes or otherwise becomes aware
Of any fault or defect in the Project or nonconformance
with the Contract Documents, prompt written notice
thereof shall be given by the Owner to the Architect.
2.10 The Owner shall furnish required Information and
services and shall tender approvals and decisions as ex-
peditiously as necessary for the orderly progress of the
Architect's services and of the Work.
ARTICLE 3 SEE IXA9
CONSTRUCTION COST
3,1,1 The C'aM ctlon Cost a the total cost or
estimated cost to the a I elements of the Project
designed or specified heel
3.1.2 The Co coon Cost sha lude at current
market at IT luding a reasonable alto for over-
head profit, the cost of labor and materials hed
�Wje Owner and any equipment which' has been
i 6 1141-1977 AIA DOCUMENT 9141.OWNER
1NE AMERICAN INSTITUTE or
selected or specialty provided for
3.3 Construction Cost does not include the cc
sari n of the Architect and the Architect's cons)
theost of the land, rights-of-way, or other costs
are t e responsibility of the Owner as provided i
cle 2.
3.2 RE
3.2.1 Es
ments o'
Estimates
Architect,
design pr
try. It is r
nor the C
rials or ec
451BILITY FOR CONSTRUCTION COST
rations of the Owner's Project bu
Probable Construction Cost ani
Construction Cost, if any, prep
present the Architect's best ju
slonal familiar with the constr c
nized, however, that neither th
I has control over the cost f la
p nt, over the Contractor's eth
d p ces, or over comnputiv md;
or negotiating o.
cannot and does
negotiated prices
proposed, establish
or from any Statem
Other cost estimate
tett.
d by the
lent as a
in indus-
Architect
warrant or repr sent that bids or
not vary from he Project budge)
or approved b the Owner, if any,
t of Probable onstruction Cost or
evaluation ,pared by the Archi-
3.2.2 No fixed limit of
lished as a condition of
Proposal or establishmei
(paragraph 1.1.2 or Parag
fixed limit has been agre
the parties hereto. If su
lished, the Architect SI;
tingencies for designbit
[ermine what materials,
and types of constructio
tract Documents, to ma
scope of the Project an
ments alternate bids to I
I
uc on Cost shall be estab-
Ir
rmens by the furnishing,
oject budget under Sub -
or otherwise, unless such
n in writing and signed by
ixed limit has been estab-
Permitted to include con.
Ind price escalation, to de.
ent, component systems
be Included in the Con•
able adjustments in the
lu in the Contract Docu•
ntructon Cost to th
ixed limit. Any such xed limits ollsbe Intcreased in the
amount of any Incr se in the C tract Sum occurring
after execution of 1 Contract for nstruction.
3.2.3 If the Biddi g or Negotiation ase has not com-
menced within t ee months after III Architect submits
the Construction Documents to the ner, any Project
budget or fixed imit of Construction St shall be ad•
lusted to refiec any change in the gener level of prices
In
the constru tion Industry between the to of submis•
sion of the nslruclion Documents to t Owner and
the date on hich proposals are sought.
3.2.4 If a roject budget or fixed limit of nstruction
Cost (adj led as provided in Subparagraph 2.3) is ex•
ceeded b the lowest bona fide bid or nego ted pro•
posal, t Owner shall (t) give written appr I of an
Increas in such fixed limit, (2) authorize rebiddl or re•
negoti Ing of the Project within a reasonable ti, (3) if
the P ject Is abandoned, terminate in accordan with
Para aph 10.2, or (4) cooperate in revising the oject
sco and quality as required to reduce the Constr Ilon
Ii Co c.
Const has been established asa condition a fixed of thit of s Ag ns ue-
nl the Architect, without additional charge, shall m
the Drawings and Specifications as necessary to comp
int
-I
Ire fixed limit. The providing of such service sh
die Ilm Architect's responsibfill
establishment o ed Tim' m the
Ahitect shall be er ' aving done so, th
rce
pIt aance ensation for all services
I e Construct on Ph, Is s commence enc, whether
ARTICLE 4
DIRECT PERSONNEL EXPENSE.
4.1 Direct Personnel Expense is defined as the direct sal.
aries of all the Architect's personnel engaged on the Proj-
ect, and the portion of the cost of their mandatory and
customary contributions and benefits related thereto, such
as employment taxes and other statutory employee bene.
fits, Insurance, sick leave, holidays, vacations, pensions
and similar contributions and benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
or extended through no fault of The Architect, compensa-
• tion for any 8251c Services required for such extended
period of Administration of the Construction Contract
Shall be computed as set forth in Paragraph 14.4 for Addl-
Ilonal Services.
6.1.4
SEE
6.2 PAYMENTS ON ACCOUNT OF
ADDITIONAL SERVICES
6,2,1 Payments on account of fire Architect's Additional
Services as defined In Paragraph 1,7 and for Relmbsrrsable
5.1 Reimbursable Expenses are in addition to lire Com- Expenses as defined in Article 5 shall be made monthly
pensalion for Basic and Additional Services and Include upon presentation of the Architect's statement of services
actual expenditures made by the Architect and the Archl- rendered
PAYMENTS easesWIT"FIncurred.
Project for hes and expensessllstedSinnthe foInterest
oSube 6.3,1 No deductions shall be made from the Architect's
paragraphs: 8 compensation on account of penally, liquidated damages
or er sums withheld f5.1.1 Expense of transportation in connection with the on acccount of the cost ofrom cha ges In thelWorklother rthor
an
Project; living expenses in connection with out•of-sown those for which Ahe Architect Is held legally liable.
travel; long distance communicalfonsr and fees paid for
securing approval of authorities having jurisdiction over 6.4 PgOIECT SUSPENSION OR TERMINATION
the Project. SEE /J 30 6.4,1 If the Project Is suspended or abandoned In whole
5.1.2 Expense of reproductions, postage and handling of
or In part for more than Three months, the Architect shall
Drawings, Specifications and other documents, excluding be compensated for all service¢ performed prior to receipt
reproductions for the office use of the Architect and the
Of written notice from the Owner of such suspension or
5.1.3 ct's consultants. 5�� �� 31 abandonment, Together with Reimbursable Expenses then
5.1.7 Expense of data processing and photographic pro. 10.4. Ifue dlife Project isoresumedsafter being suspended Pat,
duction techniques when used In connection with Addl•
clonal Services, more than three months, the Architect's compensation
5.1,4 shall be equitably adjusted.
5.1.5 Expense of renderings, models and mock-ups ps re. ARTICLE 7
quested by the Owner. ARCIIITECT'S ACCOUNTING RECORDS
5.1.6 Expense of any additional Insurance coverage or 7.1 Records of Reimbursable Expenses and ez enses per•
limits, Including professional liability Insurance, requested laining to Additional Services and services performed ors
by the Owner in excess of I"at normally carried by the the basis of a Multiple of Direct Personnel Expense $ifall
Architect and the Architecl's consultants. be kept on IIs b
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1,1 An Initial payment as set fortis in Paragraph 14.1 Is
the minimum payment under this Agreement.
6.1.2 Subsequent payments for 8331c Services shall be
made monthly and shall be in proportion to services per.
formed within each Phase of services, on the basis set
forth in Article 14. SEE /J^3
6.1,3 If and to the extent that tile 9 ntract Time Initially
established In the Contract for Construction Is exceeded
principlei andeshalll be f avvallable generally
cthe lcd Owneroor accounting
Owner's authorized representative at mutually convenient
times.
ARTICLE B
OWNERSIIIP AND USE OF DOCUMENTS
0,1 Drawings and Specifications as Instruments of serv-
ice are and shall remain the property of the Architect
whether the Project for which they are made is executed
or not. The Owner shall be permitted to retain copies, In.
cluding reproducible copies, of Drawings and specifica•
Icons for Informatlon and reference In conneclion with the
Owner's use and occupancy of the ProjecL�i.G.riM�
D 1971
.C.�20M
8141.1977 7��.3.5
ARTICLE 9 SEE AT, .57
ARBITRATION
9. All claims, disputes and other matters in quest!
. bet en the parties to this Agreement, arising out o or
rel in to this Agreement or the breach thereof, sh be
decide y arbitration in accordance with the C struc-
tion Indu ry Arbitration Rules of the America Arbitra.
tion Assocs on then obtaining unless the pa is mutu-
ally agree of rise. No arbitration, arising t of or re.
lating to this reement, shall include, by nsolidation,
Joinder or in any ther manner, any a&t— nal person not
a party to this Agr mens except by wrs en consent con-
taining a specific re rence to this Ag r ement and signed
by the Archilecl, the ner, and an their person sought
to be joined. Any cons t to at It tion involving an ad•
ditional person or person shall t constitute consent to
arbitration of any dispute of escribed therein or with
any person not named or of ribed therein. This Agree•
ment to arbitrale and any a ment to arbitrate with an
additional person or pe ns y consented to by the
Parties to this Agreeme shall be ecifically enforceable
under the prevailing at tration law.
9.2 Notice of the d and for arbifra ' n shall be filed in
writing with the o er party to this A ement and with
the American At tratlon Association. T demand shall
be made withl reasonable time after the laim, dispute
or other mat r in quesit IT has arisen. In event shall
the deman or arbitraflon bemade after the at when
institulio f legal or equitable proceedings sed on
such cla dispute or other matter in question uld be
barred y the appIfcabIts statute of limitations.
9.3 he award rendered by the arbitrators shall be al,
an judgment may be entered upon It In accordance w
piicable. law In any court having jurisdictlon thgrpoI.
ARTICLE 10 SEE 4773S
TERMINATION OF AGREEMENT
1 . This,AAgreement may be terminated by either y
upon s days' written notice should the r party
fall substan to perform In accordant Its terms
through no fault a party 1 11130 termination,
10.2 This Agreement ISrooted by the Owner
upon at least severs days' notice to the Architect
In the event that the Pr ct Is pe eny abandoned.
103 In the eve termination not t It of the Ar•
chitecl, the dect shall be compensated fo services
perform o termination date, together with Rei rs•
abl pensee then due and all Terminafiori Expenses
ined In Paragraph 10.4.
Au
THE
,v. termination Expenses include expenses directly at.
tribute o terMquentphase.
ination for which the Architect i t
cc nsated, plus an amount com as a
Percentage of the I Basic and Addili Compensa•
to the time rminati , s follows:
ercent if terminati curs during the Sche.
Design Pha , r
rcent ' rmination occurs dur the Design
l ent Phase; or
rcent if termination occurs during any su
t phase.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1
11.2 Terms In this Agreement !hall have the same mean•
ing as those in AIA Document A201, General Conditions
of the Contract for Constructio`/current as of the dale
of this Agreement. SEE /5.
11.3 As between the parties to this Agreement: as to all
acts or failures to act by either party to this Agreement,
any applicable statute of limitations shall commence to
run and any alleged cause of action shall be deemed to
have accrued in any and all events not later than the rele•
vant Date of Substantial Completion of the Work, and as
to any acts or failures to act occurring after the relevant
Date of Substantial Completion, not later than the date of
Issuance of the final Certificate for Payment.
11.4 The Owner and the Architect waive all rights
against each other and against the contractors, consult•
ants, agents and employees of the other for damages coy
ered by any property insurance during construction as set
forth in the edition of AIA Document A201, General Con•
di tions, current as of the date of this Agreement. The
Owner and the Architect each shall require appropriate
similar waivers from their contractors, consultants and
agents.
ARTICLE 12
SUCCESSORS AND ASSIGNS
12.1 The Owner and the Archllect, respectively, bind
themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and
to the partners, successors, assigns and legal representa•
tives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall
assign, sublet or transfer any Interest In this Agreement
without the written consent of the other.
ARTICLE 13
EXTENT OF AGREEMENT
13-1 This agreement between tty enthepOwnerresents tandhe nthe Architecttire rand
supersedes all prior negotiations, representations or agree•
either
be
amended only wby1ewritten rInstrument signed tbyeboth
Owner and Architect.
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments .
to the Architect, and the other Terms and Conditions of this Agreement, as follows:
14.1 AN INITIAL PAYMENT of _0_ dollars (f1
0.00
shall be made°upon lxeculion of this Agreement and credited Ib the Owner's account as follows:-
1
ollows:• •
14.2 BASIC COMPENSATION
14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15
as.part of Basic Services, Basic Compensation shall be computed as follows:
INere intent bell, of mmpemuion, InAudina filed amounij, multiples or pe,tenNre, and identify Phases to which puemls, methods of compenu•
lion apply, If neceu+rr.l
FIFTY-FOUR THOUSAND, EIGHT HUNDRED DOLLARS AND NO/100 ($54,800.00)
In addition to the above amount for services, $14,000 shall be Included as
a not -to -exceed total for reimbursable expenses.
14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construttlon Cost, payments for Basic
Services shall be made as provided in Subparagraph 6.1.2,'so that Basic Compensailon for each' Phasb shall
equal the following percentages of the total Basic Compensation payable:
Ilncluda any additlanal Ihnel a appropr6teJ' '
Schematic Design Phase: FIFTEEN percent (15 %)
DeslgnDevelopment Phase: TWENTY percent (20 %)
Construction Documents Phase: FORTY percent (40 %)
I Bidding or Negotiation Phase: FIVE percent IDS %)
1 Construction Phase: TWENTY percent (20 %)
100 x
r
i
r, 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described In Paragraph 1.6, Compensation shall
€ be computed separately in accordance with Subparagraph 1.6.2.
' sale AMERICAN INSTIIUIE Or A CIHINCIS.G1)ISMENT NEW YORKIEININ AVENUE, N.W.,EDITIONeWASHINGION,ULY 1171 -AD.C.et277 70006 9141.1912 9
/435
III
14,4 COMPENSATION FOR ADDITIONAL SERVICES
14.4.1 FOR ADDITIONAL, SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in.
cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Co
salion shall be computed as follows: mpen•
there heist 6ash al mmpemtllon. Includinr ,nes andiot M.16pla of Meet Pellonnel Gpeme for P,incipr6 red emplolee4 and identity P,intipile
I and dudfy employee,, If required. Identity specific lnWces to which panlmlar methods of tompemnion apply, 11 necessity.)
ENCLOSHOUR-YERATESSCHFOREE
PERSONNEL INVOLVED IN THE WOW IN ACCORDANCE WITH THF_
y 14.4.2 FOR ADDITIONAL, SERVICES OF CONSULTANTS, Including additional structural, mechanical and electrical
engineering services and those provided udder Subparagraph 1.7,21 or Identified in Article 15 as part of Addl.
Isonal Services, a multiple of 'OW AND 15/100 1 1.15 1 limes the amounts billed
to the Architect for such services.'
(ldenllly tpetilk type of wnlulnnu In Asilde 11, Of rcquhed.)
14S FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items Included in Article 15 as Reim.
bumble Expenses, a multiple of OW AND 15/loo ( 1.15 1 times the amounts ex•
z' pended by the Architect, the Architect's employees and consultants In the interest of the Project.
I
k 14.6
lost A lot
3EE l� �l
'r 14,7 The Owner and the Architect agree In accordance with the Terms and Conditions of this Agreement that:
14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounis of compensation
shall be equitably adjusted,
14.7,2 IF THE SERVICES covered by thlsAgreement have not been completed within
(24) months of the dale hereof, through no fault of the Architect, the amounts of compensation, rates and
multiples set forth herein shall be equitably adjusted.
10 1141.1977
OF
Q) nit
D.C. 2M
1111351
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ARTICLE 15
OTHER CONDITIONS OR SERVICES
AIA DOCUMENT (III • OWNEX-AKC141TICI AGNEIMINT • IHI 1(ENIH EDITION • IUEY 1777 - AIA( • 01177
IN( AMERICAN INSTITUTE O7 ARCHIIECIS, 1711 NEW YORK AVENUE. N.W., WAMINGION, O.C. 70006 9141.19:77 11
I
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This Agreement entered Into as of the day and year first written above.
OWNER ARCHITECT
CITY OF IOWA CITY NEUHANN HONSON, P.C.
410 EAST WASHINGTON STREET 226 SOUTH CLINTON STREET
IOWA CITY, IOWA 52240 I_QWA CITY, OLOWA 52240
BY
BY -2 J 2V(V,,,,)
AIA DOCUMENT EI • OWNp•AKCIIIIECI ACRIIMENI • 7NIEIIINIII EDITION • MY 1971 • AIM • m 791)
12 1141-1977 IEE AMERICAN INS IIUIE Of ARCNIIICTS, 1715 NEW YORK AVENUE, N.W., WASNINGION, D.C. 20OD6 Al�
City Park Pool
Article 15 - Other Conditions or Services
SUPPLEMENTARY CLAUSES AND PROVISIONS
15.1 BASIC SERVICES: The Architect shall be responsible for designing the
renovation of an outdoor swimming pool and associated facilities such
that the total construction cost shall not exceed $645,000. If the
lowest bona fide bid exceeds the amount of $645,000 or any other
fixed limit as mutually agreed upon by Owner and Architect, the Owner
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 construction
cost. in ut
shall modify athe se odrawings t andAspecificationsoas necessaryltohbring
the construction cost within the fixed limit.
For the purposes of this Agreement, the specific person of Kevin
Monson shall be in charge as the project director. Changes in as-
signment shall be grounds for termination of this Agreement.
The Director of Parks and Recreation will be the owner's representa-
tive with respect to the work to be performed in this Agreement. He
shall have complete
change authority
interpret andto transmit sdefineons policiesreceive
and
information, p 9
decisions with respect to materials, equipment, elements and systems
pertinent to this project.
The Architect shall recognize that, due to the nature of this pro-
ject, many other individuals will be involved to some extent during
the course of this project. The City will provide additional con-
struction supervision beyond that supervision required to be provided
by the Architect under the terms of this contract.
The Swimming Pool will be designed by the Architect. It is understood
that the work will be divided into two parts. Part i will include
the schematic design phase (paragraph 1.1). Part II will include the
design development phasebiddingorphase u(paragraphute4)5
phase (paragraph 1.3); g g and construction observation
construction phase (paragraph 1.5); The phases of services are
services (Appendix 1, paragraph 1.2.1.5).
included in this document as defined in AIA Document B141-1977.
Secifendix I
tasks forart d Part 1 are made aed n part oi
of this
contract.
15.2 CONTRACT EXECUTION: Initiation of work on Part It is contingent upon
approva by t e e ectorate of the bond referendum, on June 3, 1986.
Therefothat
proceedr is givenrto may
bArchitectPart
the Owner. Iasn notice to
is expressly
ioPart II untiltthe0written noticener is under ntooprocceedotofor Nrtosts 11 isnissued
to the Architect.
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15.3 BASIC SERVICES: The Request for Proposal" for Architectural and
Engineering Services, due by November 20, 1985, and the proposal
presented by Neumann Monson, P.C., received by the City Clerk on
November 20, 1985, are hereby made part of this Agreement. The
Architect will provide services and prepare documents as necessary
for the completion of the project described in these documents. The
City of Iowa City has adopted a Minority/Women's Business Enterprise
Commitment of 3%. The Architect will make every reasonable attempt
to meet this requirement.
15.4 BASIC SERVICES: The Architect, consultant(s), contractor(s), subcon-
raz ors , vendor(s), etc., shall comply with all applicable fed-
eral, state, and local laws regarding equal employment opportunities
and non-discrimination.
15.5 BASIC SERVICES: At the completion of all Part I services, the Archi-
tect will present the documents developed to the Owner and the City
Council of Iowa City at a mutually agreed time, as deemed necessary
by the Owner.
15.6 BASIC SERVICES: After final approval by the Owner, the Architect
will make minor revisions in drawings, specifications, and other
documents if requested by the Owner as part of Basic Services. Major
revisions to these documents requested by the Owner shall be made by
the Architect as additional services. Upon the Owner's request for
revisions, the Architect will advise Owner if the requested revision
is to be a minor or major revision'. The Architect will not proceed
with the work on major revisions requested by the Owner without
written notice to proceed.
15.7 BASIC SERVICES: The Architect will research swimming pool facility
s a e -o - e -art and accumulate supplemental information to develop
design criteria.•
15.8 BASIC SERVICES: In Part II Services, in addition to the services
ste n Paragraphs 1.2; 1.3; 1.4; 1.5; and 1.6, and the tasks in
Appendix 1 of this Agreement, it is agreed that the Architect will
notify the Owner when the Construction Documents Phase is 50% com-
plete and will meet with the Owner to review all portions of the
completed drawings including architectural, structural, civil, me-
chanical, electrical, and landscaping work.
The Architect will attend meetings and sessions as mutually agreed
upon as necessary during the construction stage.
15.9 PARAGRAPH 1.1.2:
Delete material indicated.
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15.10
PARAGRAPH 1.1.5:
Delete the entire paragraph, substitute:
The Architect will submit five copies of the Schematic Design studies
and three sets of Statement of Probable Construction Costs based on
f
current area, volume or other unit costs,
15.11
PARAGRAPH 1.2.2:
Delete the entire paragraph, substitute:
The Architect will submit five copies of the Design Development
Documents and three sets of further Statement of Probable Construc-
tion Cost.
i
15.12
PARAGRAPH 1.3.5:
Add new paragraph.
The Architect shall submit five copies of the Construction Documents
and three sets of copies of the revised Statement of Probable Con-
struction Costs.
15.13
PARAGRAPH 1.5.3:
IDelete
last sentence.
15.14
PARAGRAPH 1.5.4:
Alter the first sentence as follows: Delete "in writing" and substi-
tute "herein."
Delete the second sentence, add sentences:
i
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The Architect along with appropriate consultant(s) shall attend
regular scheduled and any specified meetings with Owners and Repre-
sentatives and contractor's representatives as required by the cir-
cumstances of the project. The Architect shall keep meeting minutes,
prepare a report of meeting and distribute copies to Owner offices
and contractors concerned,
1
15.15
PARAGRAPH 1.5.5:
Delete material indicated,
i
15.16
PARAGRAPHS 1.5.7 through 1.5.9:
Delete the entire paragraphs.
4
15.17 PARAGRAPH 1.5.10:
j Delete the entire paragraph, substitute:
i
The Architect shall interpret the requirements of the construction
contract documents. Interpretations and decisions of the Architect
shall be consistent with the intent of and reasonably inferable from
the Contract Documents and shall be in written or graphic form. The
Architect shall have the authority to act on behalf of the Owner. The
owner shall be consulted by the Architect concerning interpretation
and decisions and be provided with a written copy of same.
15.18 PARAGRAPH 1.5.11:
Delete the entire paragraph.
15.19 PARAGRAPH 1.5.14:
Delete material indicated,
15.20 PARAGRAPH 1.7.1:
Delete the entire paragraph.
15.21 PARAGRAPH 1.7.10:
Delete the entire paragraph.
15.22 PARAGRAPH 1.7.17:
Delete the entire paragraph.
15.23 PARAGRAPH 1.7.18:
Delete the entire paragraph.
15.24 PARAGRAPH 1.8.1:
Add the following sentences:
The Architect will complete the tasks described in Part I Services in
Appendix 1 and will submit this information to the Owner by 5:00
p.m., July 16, 1986. Initial preparation of plans and specifications
and bid documents shall be completed within 60 days after this con-
tract is executed, and notice to proceed is issued,
15.25 PARAGRAPH 2.4:
Delete the entire paragraph.
iy3.5
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15.26 PARAGRAPH 2.5:
Delete the entire paragraph, substitute:
As part of the Basic Services in Part I, the Architect shall provide
geotechnical services consisting of borings and any other reports or
tests as required by law or the Contract Documents will be furnished
j by the appropriate Contractor as specified in the Contract Documents,
i
�15.27 PARAGRAPH 2.6:
Delete the entire paragraph, substitute:
As part of the Basic Services in Part II, the Architect shall review
structural, mechanical, chemical, and other laboratory tests, inspec-
tions, and reports as required by law or the Contract Documents, and
make appropriate comment or report to the owner. Such tests, inspec-
tions and reports to be conducted and furnished by the appropriate
contractor as specified in the Contract Documents.
15.28 PARAGRAPH 2.8:
Delete material indicated, substitute:
,,,required by paragraph 2.7 shall be..,
15.29 Article 3:
f Delete entire article.
{ 15.30 PARAGRAPH 5.1.1:
}� Add last sentence.
No charges for transportation or communications shall be made for
services rendered by architect's personnel from the Sioux City, Iowa,
office.
15.31 PARAGRAPH 5.1,2:
Add these words to the last sentence:
I
...and two sets of documents to be supplied to the Owner.
15,32 PAMGRAPH 5.1.4:
i Delete the entire paragraph, substitute:
All rates of pay for employees of the Architect working on this
project will be paid at regular straight time rates.
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15.33 PARAGRAPH
Add'the following sentence:
Services
form
performed
mthe basis for monthly invoicemonthly progress report
whichwill
15.34 PARAGRAPH 6.1.4.:
Delete the entire paragraph.
15.35 OWUERSHIP OF DOCUMENTS - PARAGRAPH 8.1.:
Delete the material indicated, and add the following:
The owner may use or re -use said drawings and specifications in
connection with this or similar projects,and,
architec copyright 111 not
assert any right or claim under design, p
to
prevent such use by owner. Architect shall have no liability for
such use or re -use by owner.
15.36 PARAGRAPH 8.2.:
Delete the entire paragraph.
15.37 ARBITRATION ARTICLE 9.:
Delete entire article and title and substitute the following:
.DISPUTE_ RESOLUTION:
All claims, counterclaims, disputes and other matters in question
ibetween Architect and the owner arising out of or relating to this
! Agreement or breach hereof will be decided by arbitration if the
i parties mutually agree, or otherwise in a court of competent Juris-
diction.
in any case in which Architect and the Owner mutually agree to submit
a matter to arbitration, such arbitration shall be conducted pursuant
to applicable statutes of the State of Iowa at the time in effect
and, to the extent permitted by said statutes, in accordance with the
Commercial Arbitration Rules at the time in effect of the American
j Arbitration Association, unless the parties agree otherwise. The
party desiring such arbitration shall give notice to t the
the other party and shall in such notice app
oint I arbitrators a disinterested person days rthereafter,othetence otheri party
field involved. Within ten (10) art appoint as an arbitrator a
shall by notice to the original party PP
second disinterested person of recognized t as competence i arbitrator The arbitrators thus appointed shall app
three
tarbitratorssoshalln of rasopromptlyasepo sible determine such matin such field, and h
ter, provided that, if the second arbitrator isnot appointed as
aforesaid, the matter shall be decided by the first arbitrator.
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The'Architect and the Owner shall be entitled to present evidence to
the arbitrators or arbitrator as the case may be. The decision of
the arbitrators or arbitrator shall be in writing and shall be final
and binding upon Architect and the Owner, and judgment thereon may be
entered in any court of competent jurisdiction.
The fees and expenses of the arbitrators shall be divided equally
between Architect and the Owner, provided, however, that if the
arbitrators determine that either party has acted in bad faith in
referring any matter to arbitration or in the conduct of arbitration,
the arbitrators may, to the extent permitted by law, assess the party
acting in bad faith with more than one-half of the fees and expenses
of the arbitrators and all or a portion of the other party's
expenses, including attorney's fees.
No arbitration, arising out of or relating to this Agreement, shall
include, by consolidation, joinder or in any other manner, any addi-
tional person or entity not a party to this Agreement except by
written consent of the Owner, Architect, and person or entity sought
to be joined.Any consent to arbitration involving an additional
dperson
oentity not
isputenotdescshall onsconsent arbitration
ribedherein..Nothingherein shallbeconstruedato
bind the parties to arbitration nor to bar legal remedies in law or
in equity with regard to civil liability, breach of contract or other
i issues arising from this Agreement.
15.38 TERMINATION n; CONTRACT: ARTICLE 10.;
i Delete entire article, except title and substitute:
The Owner may terminate this contract in whole or in part, at any
time by written notice to the Architect. The Architect shall be paid
his costs, including contract close-out costs, reimbursable expenses,
and ffetive date of terma-
tion.Theprofits on work erformed A chitect shall promptly submit to the ehisctermination claim.inif
the Architect' has anyproperty in his possession belongingg to the
Owner, the Architect will account for same, and dispose of it in the
manner the Owner directs.
15.39 PARAGRAPH__:
Delete the entire paragraph, substitute:
This Agreement shall be governed by the substantive laws of the State
Of Iowa, and not the laws of conflict of the State of Iowa.
15.40 PARAGRA_ pHI`:
Add these words to the last sentence:
...and included as a part of this Agreement by reference.
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15.41 COMPENSATION: PARAGRAPH 14.6.:
Delete the entire paragraph, substitute:
If owner wrongfully fails to pay any amount due to architect within
30 days from the date when due, the architect may increase the amount
wrongfully withheld by an amount equal to one percent per month, or
portion thereof, for which said payment is delinquent.
All rates used by the Architect as the basis of estimated compensa-
tion are subject to City audits. If such rates are determined to be
different as a result of audit, payments already made to the Archi-
tect shall be subject to appropriate refunds to the Owner accord-
inglys
15.42 AUDIT AND INSPECTION OF RECORDS: The Architect shall keep and main-
ta n a recor s per nen to this project for a period of three
years after completion and acceptance of the project and shall permit
the representatives of the Owner to inspect and audit all data and
records of the Architect relating to his performance under the con-
tract until the expiration of three (3) years after final payment
under this contract.
15.43 The Architect further agrees to include in all its subcontracts
forkeep randovisions maintain tothe
eeffect that the records pertinentsutoothisctor project agrees
ea
ands(2)oagreesthree
thatrtheafter
Owner , oretion Owner'sand
duly authorizedthe
representa-
tive, shall, until the expiration of three (3) years after completion
and acceptance of the project, have access to and the right to exam-
ine any directly pertinent books, documents, papers, and records of
such subcontractor, involving transactions related to the subcontrac-
tor.
15.44 PROHIBITED INTERESTS: No member, officer, or employee of the Owner
or of a local public body during his tenure or one year thereafter
shall have any interest, direct or indirect, in this contract or the
proceeds thereof.
15.45 E UAL EMPLOYMENT OPPORTUNITY: In connection with the execution of
this contract, the Arch tett shall not discriminate against any
employee or applicant for employment because of race, religion,
color, sex or national origin. The Contractor shall take affirmative
action to ensure that applicants are employed, and the employees are
treated during their employment, without regard to their race, relig-
ion, color, sex or national origin. Such actions shall include, but
not be limited to, the following: employment upgrading, demotion, or
transfer; recruitment or recruitment advertising; lay-off, or termi-
nation; rates of pay, or other fors of compensation; and selection
for training, including apprenticeship,
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15.46 MINORITY/WOMEN'S BUSINESS OPPORTUNITIES: In connection with the
performance oF this contract, he Architect will cooperate with the
Owner in meeting its commitments and goals with regard to the maximum
utilization of minority/women's business enterprises, and will use
reasonable efforts to ensure that MBEs and WBEs shall have practica-
ble opportunity to.compete for subcontract work under this contract.
The Owner has set a goal of 3% for MBE/WBE for this contract.
15.47 If any of the MBE or WBE subcontractors default on the contract, the
Architect will make a good faith effort to replace them with another
MBE or WBE subcontractor certified by the Owner as a bona fide MBE or
WBE for the remaining amount of work of the defaulted subcontract.
15.48 PROGRESS REPORTS: The Owner will review the work progress by the
Architect and will be responsible for project guidance and direc-
tives, provided however, that such review by owner shall not relieve
architect of its professional responsibilities undertaken in this
contract.
15.49 This paragraph is unused.
15.50 The Architect will submit a monthly written statement of the status
of work within each phase.
15.51 SUBCONTRACT APPROVAL: Subcontracting, assignment, or transfer of all
or part of the duties, activities and responsibilities the Architect
is obligated to perform by the terms of this agreement are prohibited
except with prior written approval of the Owner. In the event the
Owner gives such approval, the party or parties to whom such work is
subcontracted, assigned, or transferred shall be bound and obligated
by the terms and conditions of this agreement as fully and completely
as the Architect, and the Architect shall thereafter, in writing, to
the satisfaction -of the Owner, identify the work to be performed by
such party or parties, The Architect shall have full responsibility
for the work performed by such party or parties.
15.52 This paragraph is unused.
15.53 MAINTENANCE OF RECORDS: The period of access and examination for
records w c re a e o (1) appeals under the "Arbitration" clause of
this contract; (2) litigation or the settlement of claims arising out
of the performance of this contract; or (3) costs and expenses. of
this contract as to which exception has been taken by the owner,
shall continue until such appeals, litigation, claims or exceptions
have been disposed of,
15.54 PATENT RIGHTS: The Architect will save harmless and fully indemnify
the Owner an all of its employees or agents from all damages, costs,
or expenses in .law and equity, that may at any time arise, or be set
up, for any infringement of the patent rights of any person or per-
sons by architect in the design of the pool facility. The Owner will
give to the Architect prompt notice in writing of any suit or pro-
ceeding and permit the Architect, through his counsel, to defend same
and will give all information, assistance, and authority available.
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15,55 ADIIINISTRATION: The Director of Parks and Recreation or his designee
will a m nis er this contract for the Owner and will serve as the
Project Representative and will be responsible for liaison between
the Owner and Architect. The project director will be responsible
for representing the firm and its consultants and for all contacts
with the Owner.
15.56 The Project Director will direct and manage all services provided by
the Architect and its consultants.
15.57 All communication and contact between the Owner and Architect will be
only through the Office of the Director of Parks and Recreation and
the Project Director, respectively. Other contacts will be consid-
ered unofficial unless otherwise authorized.
15.58 INDEIINIFICATION: The Architect shall be responsible for and in-
demnify,
n-
emn f� ydefend, and hold harmless the Owner, its officers, and
employees from all claims and suits for loss of or damages to prop-
erty, or personal injuries, including death to persons, and from all
judgments recovered therefor, and from all expenses incurred in
defending said claims or suits, or enforcing this provision, includ-
ing court costs and attorney fees and other expenses arising out of
errors, omissions, or negligent acts of the Architect or its consult-
ants in connection with the performance of this contract.
15.59 The Architect shall, without additional compensation, correct or
revise any errors or deficiencies in plans, reports and other serv-
ices performed by the Architect, and in addition, the Architect shall
be responsible for damages incurred by the Owner as a result of the
errors, omissions and negligent acts of the Architect and its subcon-
tractors,
15.60 SAVINGS CLAUSE: • If any provision of this agreement is held invalid,
e remain er of this agreement shall not be affected thereby if such
remainder would then continue to conform to the terms and require-
ments of applicable law.
15.61 CONTRACT NON-PERFORI4ANCE: In the event of the Architect's non-com-
pliance w t t e prov s ons of this contract, the Owner shall impose
such contract sanctions as it may determine to be appropriate, in-
cluding, but not limited to:
A. Withholding of payments to the Architect under the contract until
the Architect complies, and/or
Cancellation, termination, or suspension of the contract, in
whole or in part,
15.62 If at any time it is determined. by the Owner that, due to a negligent
or intentional act or omission of the architect, there is any out-
standing right or' claim of right in or to the project property, by a
subcontractor of, or supplier, or service provider to the architect,
the Architect will acquire, extinguish or modify said right or claim
In a manner acceptable to the Owner.
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15.63 This"paragraph is unused.
15.64 PROFESSIONAL RESPONSIBILITY: Although the Architect does not guaran-
tee performance by the construction contractor and subcontractors,
nothing in this Agreement nor any language used in any contract in
connection with this project shall be construed as relieving the
Architect from the obligation to perform its duties under this Agree-
ment in a professional and competent manner.
Approvals by the City shall not be deemed to be an assumption of,
responsibility and liability by the City for any defect in the de-
signs, working drawings and specifications or other engineering
documents prepared by the Architect, their agents, employees and
other •.subcontractors, it being the intent of the parties that ap-
proval of the' City signifies the City's approval of'only the general
design concept of the improvements to be constructed.
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APPENDIX 1
SCOPE OF SERVICES
Part I Services shall include in Basic Services:
i
i 1.1.1 The Architect shall provide preliminary work resulting in:
i
1.1.1.1 Schematic design of the swimming pool, building(s) and site,
I
1.1.1.2 Detailed estimate of specific activities in areas (sq. ft.)
of the facility,
1.1,1.3 Detailed cost estimate of the total project, including:
i
j a. demolition
b. construction and renovation of the structure(s)
c. purchase and installation of equipment
d. site improvements 1
e. other pertinent items
1.1.2 The Architect will provide facility programming services which will
include an analysis of the Owner's needs and programming requirements
of the project.
1.1.3 It will be necessary for representatives of the Architect to work very
closely with the City of Iowa City staff. Progress reports (verbal)
will be required weekly to the Owner.
1.1.3.1 The Architect will investigate and identify existing site
problems and consider various alternative site plans for the
facility as they relate to design criteria.
1.1.4 The Architect will be required to develop a detailed site design in
coordination with the Owner's staff. The Architect will also be
required to prepare a preliminary layout of the design which will
consist of drawings and other documents, to sufficiently illustrate
the proposed concept for the approval of the Owner.
1.1.5 The Architect will also provide the following:
1.1.5.1 A soils testing program to provide information required to
design and construct facilities as per the Architect's draw-
ings and specifications.
1.1.5.2 This paragraph is unused.
1.1.6 The Architect will be responsible for and be required to:
1.1.6.1 Prepare project development scheduling, site development,
planning, detailed site utilization studies, on-site utility
studies, and coordinate consulting/review/approval.
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1.1.6.2 The Architect will, with respect to the schematic design
phase of the project, be responsible for architectural sche-
matic design (wherever possible utilizing data already avail-
able from the Owner), civil design concepts, structural
design concepts, electrical design concepts, mechanical
design concepts, landscape design concepts, interior design
concepts, statement of probable construction costs, agency
consulting/review/approval, owner supplied coordination, and
presentation of project development scheduling.
Part II Services shall include in Basic Services:
1.2.1 The Architect shall be responsible for and be required to:
1.2.1.1 With respect to the design development phase of the project,
be 'responsible for architectural design development, civil
design development, which is to include but not to be limited
to engineering and design for storm sewers, traffic ways,
structural design development, electrical design development,
mechanical design development, landscape design development,
interior design development, outline specification, statement
of probable construction cost, agency consulting/review/ap-
proval, and project development scheduling.
1.2.1.2 The Architect will prepare working design and construction
documents consisting of plans, specifications and bid docu-
ments. Such documentation will be prepared to facilitate
bidding and construction of logical and appropriate systems.
It will be the responsibility of the Architect to write all
specifications and bid documents for the construction of the
swimming pool facility, and specifications and bid documents
for all equipment of a special nature.
1.2.1.3 The Architect will, with respect to the construction docu-
ments phase of the project, prepare the following: architec-
tural working drawings, civil construction documents,
structural construction documents, mechanical construction
documents, electrical construction documents, landscape
construction documents, interior construction documents,
specifications, statement of probable construction cost, and
will be responsible for agency consulting/review/approval and
document checking/coordination. All construction documents
will be submitted to the owner for approval.
1.2.1.4 The Architect will, with respect to bidding, be responsible
for bidding documents and addenda, and for any negotiations
required prior to contract award.
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1.2.13 The Architect will, with respect to construction contract
administration, be responsible for construction observation,
shop drawings, (submittals and review), construction cost
accounting, supplemental documents, quotation requests and
change orders, testing and inspection coordination, part-time
project representation, project close-out, civil engineering,
structural engineering, mechanical engineering, electrical
engineprepa-
ration ofnr�ecord sdrawingarchitecture
constructionn as factually and accom-
plished.
1.2.1.6 The Architect will prepare the design of special furnishings
for energy
facility. Special attention must be paid to the
o 9y efficiency (construction and operation) of the pro-
ject. Solar energy techniques and state-of-the-art insulation
techniques should be explored as part of basic services.
1.2.1.7 The Architect will provide interior design and other similar
services for or in connection with the selection, procure-
ment, and installation of fixed equipment.
1.2.1.8 The Architect will provide a manual which will include
warranties, operating, and maintenance requirements for new
equipment systems, including solar or hot water heating
systems, based upon the recommendations of the appropriate
manufacturers.
1.2.1.9 At the completion of each construction stage, the Architect
Will prepare and submit to the Owner a set of reproducible
record drawings showing significant changes in the work made
during construction based on marked -up prints, drawings and
other data furnished by the Contractor to the Architect.
1.2.2 The Architect shall;
1.2.2.1 Conduct regular weekly progress meetings with Contractor and
Owner and prepare minutes of same.
1.2.2.2 Receive and reply to all correspondence from Contractor.
1.2.2.3 Review the Contractor's construction schedule.
1.2.2.4 Recommend any changes to the work that may be needed or
desirable for the expeditious completion of theproject.
Issue all change orders to the Contractor and review cost
proposals for same. All change orders shall first be ap-
proved by the Owner.
1.2.2.5 Provide review and analysis of any claims for delay and/or
additional compensation filed by the Contractor.
1.2.2.6 Review Contractor's monthly payment requisitions and recom-
mend appropriate payment approvals to the Owner.
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•1.2.2:7 Review all shop drawings, samples, catalog cuts, brochures,
guarantees, and certificates for canpliance with contract
documents.
1.2.2.8 Be responsible for all areas as outlined in this document.
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TYPICAL FEE SCHEDULE - SWIMMING POULS - Enclosed Type
Base Fee % Construction Phase
(Not including Field 8 Project Maximum
Construction Cost Const. Phase) Management Fee %
f 50,000 Multiple of i
Hourly rate
100,000 8.8 See Note 3 10.75
i
150,000 8.6 10.50
I
200,000
8.4 " 10.25 I
250,000 8.2 If
10.00
300,000 8.0 n
9.75
400,000 7.8 " L
9.50
500,000 7.6 9.25
6UU,U0u 7.4 9.UU
70U.000 7.2 " 8.75
1,000,000 7.0 8.50
1,5U0,000 6.8 8.25
2,000,000 6.6 B.OU
3,500,000 6.4 7.75
5,000,000 6.2 " " " 7.50
NOTES:
1. Fees are negotiable depending on specific factors.
2. The complexity of the project (remodeling, renovation) may increase the
( q base fee depending on specific conditions.
i4) 3. In addition to the base fee, we provide project management and field
inspection services at the following hourly rates (local services only):
Project Management f45/hour
(Shop drawing, certification of payments, etc.)
Field Inspection Services $150/per trip
(Ubservation of construction)
i
Depending on Contractors performance and project complexity, total cost of
A/E Services, during the Construction Phase, may be less than the
percentage difference between Base and Maximum Fee. In no case shall the
( fee exceed the Maximum Fee.
I
I7O.D
NEUMANN MUNSON, P.C.
IOWA CITY, IOWA
SLIIEUULE OF HOURLY RATES
The various personnel of the firm have been classified according to
experience and technical training, and the following schedule of charges for
services will apply for all work performed during 1986.
For the work undertaken in subsequent year, this schedule may be
negotiated upward as a direct result of salary escalation.
Revised May, 1984
,44 2
classification
Hourly Rate
Clerical
$20.00
Grade
A Technician
22.UU
Grade
6 Technician
26.00
Grade
C Technician
29.00
Grade
1 Pre -Professional
28.00
Grade
2 Pre -Professional
30.UU
Grade
3 Professional
40.UU
Grade
4 Professional
45.UU
Grade
5 Professional
50.UU
Principal
55.00
Senior Principal
6U.UO
Revised May, 1984
,44 2