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HomeMy WebLinkAbout1978-09-19 Resolutionj•. I1ICROFIL14ED BY JORM.MICROLAB CEDAR RAPIDS AND DES I-I01NES, IO'W'A RESOLUTION NO. 78-421 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY„ IOWA, that a Class C BeerSunday Permit application is d` persons at hereby approv 9 name person or P ed for the following '. p the following described location:' QuikTrip Corporation dba/QuikTrip #503, 123 West Benton Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City for shall cause a recommendation for approval to on thea lication and forward the same together endorsed u pp be P i ' with the license fee„ bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department.' It was moved by. Roberts and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X , f deProsse X' , Erdahl x , 1 i 1 Neuhauser X i f Perret x Roberts X Vevera z Passed and approved this 19th day of September 19'78 a or Proalom � I Attest: 7Z gO ' �2Rd& . ,�)s��r4. , City CILrrx '^r 6 ' / 4 I tAICROrILMED BY JORM MICR+LA9. -. CEDAR RAPIDS • 'IES MOINES t•1ICROFILI4ED'BY JORM MICROLAB CEDAR, RAPIDS AND DES MOINES, IOWA y L. r RESOLUTION NO. 78-422 I RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following, firms and persons have made appli- for the sale of cation and paid the mulct tax required by law , and cigarette papers; therefore, cigarettes 9 ' BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that be and he/she the applications be granted and the City Clerk issue a permit to the following named is hereby directed to and firms to sell cigarette papers and cigarettes: persons t P & P of Iowa City, Inc. db/The Pleasure Palace, 315 Kirkwood .ry ;(andseconded by Ne_ uh_ a_ us It was moved er by Roberts and roll call there .. that the Resolution as read be adopted, l upon ' were: AYES: NAYS: ABSENT: Balmer_ X SI deProsse X Erdahl X 4 Neuhaus_ X 1 Perret X i X ¢pp Robert_ , S X SSSS, Vever�_ 19th day of Sept b er Passed and approved this _ ems_ 19 78 t F Ma or Pro _fom y } Attest: City Clerk / 1 , 6172 r e I4ICRO(]LI4CD BY JORM MICR&Ael ' I CEDRR RAPIDS •'IES MOINES MICROFIL14ED BY JORM MICROLAB CEDAR RAPIDS AND UES MOINES, INA' MICROFILMED BY JORM MICROLAB •' CEDAR RAPIDS AND DES MOINES, IOWA 4 RESOLUTION NO. 78-425 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT FOR CAPITOL HOUSE APARTMENTS WHEREAS, the owner, Capitol States Associates has filed with the City Clerk o Iowa City, Iowa, an application for approval for a large scale residential development for the following described premised located in,Iowa City, Johnson County, Iowa, to -wit: All of Lot 5, Lot 6, Lot 7, in Block 103 of the Original Town of Iowa City, Iowa, according-to.the recorded plat thereof. i{ f or WHEREAS,' said property is owned by the above-named party and no dedications are required. WHEREAS, the Department of Community Development and the Public ; Works Department have.examined the proposed large scale residential development and have approved the same; and, i WHEREAS, the, said large scale residential development has been examined by the Planning and Zoning Commission and after due deliberation , said Commission has recommended "that it be accepted and approved. WHEREAS, said large scale residential development is found to conform with requirements of the City, ordinances of the City of Iowa City, Iowa. /7a8 K= T MICROFILME JORM MICR+LAB CEDAR RAPIDS • DES 1401NES J M!CROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND DES MOINES, 10'+!A RESOLrim No. 78-426 RESOLUPION AUTHORIZING EX=ION OF CONTRACT WITH STANLEY CONSULTANTS WHEREAS, the City of Iowa City, Iowa, has negotiated acontract I J with Stanley Consultants Inc. , a copy of said contract being attac to a Resp u s reference made apart irxso and, WHEREAS, the City Council deems it in the public interest to enter into said contract to provide design' and land acquisition services on the Ralston Creek South Branch Dam. NON, THEREFIORE, BE IT RESOLVED BY THE CITY COUNCIL: ir 1.' That the Mayor and i � Clerk are herebyand directed .authorized j to execute the contract - with Stanley Consultants, Inc. of Muscatine, IA. S 2 That the City Clerk shall furnish �Pies of said contract to any citizen requesting same. S� J It was (roved by deProsse and seconded by Neuhauser the Resolution be adopted,ar upon roll call there were: I AYES: NAYS: ABSENT: X BALMER — r X deProsse X ERDAHL ; X NEUHAUSER X PERRET X ROBERTS I. X VEVERA Passed and approved this 19th day of September , 1978. Ma r Pro om ATTEST: City Clerk Received & Approved h By The Legal Dopartmant -7 L -IV v 7/5- 141CROf ILMCO BY' , JORM MICRmLAB ' CCDAR RAPIDS •DCS 1101 NCS( h1ICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES 110INES, IOWA Y AGREEMENT This Agreement, made and entered into this I N1 day of Se nibcc 197 by and between the City of Iowa City, a municipal corporation, herein- after referred to as the City, and Stanley Consultants, Inc., of Muscatine, Iowa, hereinafter referred to as the Consultant.: Now therefore, it is hereby agreed by and between the parties hereto that the City,'I does retain and employ the said Consultant to 'act for and represent it in all matters involved in the terms of this Agreement. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: I The Consultant shall not commit any of the following employment practices j and agrees to prohibit the following practices in any subcontracts. I� a. To discharge from employment or refuse to hire any individual { because of 'their race, color, religion, sex, national origin, !!!!i disability, age, marital status, or sexual preference. b. To discriminate against any individualinterms, conditions, or i privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual preference. I. SCOPE OF SERVICES The City of Iowa City is planning constructionof a storm water detention t. structure(s)'on the south branch of Ralston' Creek at the east City limits. R This Project is described in'a report entitled Ralston Creek Watershed - Existing Conditions, Problems Needs prepared_ by Powers and c, _and Associates and Lindley and Sons,_ Inc., and dated March 21, 1977. 'The, project is further described in an unpublished report_ entitled Ralston " Creek 'Iowa City, Watershed Improvements 1977 dated November 9 iP 1976 by Powers-Willis:and Associates. 5 The Consultant is to provide the following services: i 1. Design Phase a. Preliminary Design b. Final Design r j 2. Bidding and Construction Phase ,1 6 3. Additional Services of the Consultant , 4. Property Acquisition S. Property Survey 1. DESIGN PHASE t a. Preliminary Design The objective of this portion of the study is to review past work on this Project and update or modify such work as maybe necessary to optimize the location, size, and design details of the storm water detention structure(s). Such work shall include the following: 1. Review past studies and reports. 2. Review stream gauging data on Ralston Creek. 3. Develop flood routing model and calibrate' with stream' gauging data. t416ROrILMCD BY i J JORM MICR6LAB ( CEDAR RAPIDS • HS Id01NrS filCROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA' 4. Review of preliminary culvert design. 5. Review of preliminary spillway design. 6. Calculate and plot water levels fora 5, 10, 25, 50 and 100 year storm. 7. Develop tail water rating curves. B. Discuss this project as necessary with the Iowa Natural Resources Council. 9. Briefly study a single dam alternative. 10. 'Confirm roadway location and width requirements. 11. Preparepreliminary cost estimate. i 12. Provide recommendations to the City regarding the amount of acquired under easement and land to be purchased or recommend land use policies for the area upstream' of the structure. The Consultant shall' coordinate closely with the Department of Planning to coordinate the and Program Development and the City Engineer the City's comprehensive plan and with utilities in +, Consultant's work with the area including storm sewers, sanitary 'sewers, etc. The Consultant and land owners in the area shall also coordinate with all utility companies to receive their input., i During property acquisition procedures, landowners in the area of the may ask fora waiver from the Storm { storm water detention structure(s) e ant i Water' Management Ordinance. Tholiciesoonua of the Stoprovirm waiver recommendations to the City regarding p owners.. Water Management Ordinance for upstream property information shall be prepared in a preliminary report and ;} All of the above the Consultant shall furnish five (5) copies of the document to the City s for approval. b. Final Design After City approval of the preliminary report and upon written authoriza- final design phase which tion to proceed, the Consultant will begin the will include: 1. act forms, including the proposal Preparation of required contr technical specifications, a forms and notice to bidders, drawings, to complete the construction and other documents as needed contract documents. e C onsultant's latest an es in the an changes e t of 2 Advise the Ci Y construction costs caused by , o opinion of the probable project design requirements, construction costs or changes in scope, other conditions. ultan t shall assure .that the contract documents meet e'Cons d Th n an 3, o acts l all requirements of, local and Federal affirmative The Consultant will coordinate equal opportunity, programs, City's Human Relatment.to assure that all ions Depart with the required non-discrimination and equal opportunity statements This and programs are included in the, contract' documents. anthe contractable Project Is being funded wit all�eotlherntlapplicable include s should documents ument regulations. 4. The Consultant shall furnish the City with five (5) copies of for the final review by the City. the plans and specifications During the preliminary and final design phase, the Consultant shah vink' Council and other app 9 closely with the Iowa Natural Resources The Consultant shall be respons ible for obtaining' agencies as necessary. "approval from the Iowa Natural Resources Council for this design. i 141CROFILMED BY _ 1 " JORM MICR6LAE3 — CEDAR RAPIDS • DES MOINES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES NUINLS, IOWA During this phase of the Agreement there will be a need for soil borings. o The Consultant will provide the City with a scope of services for such borings and the City will be responsible for hiring and compensation of a soils consultant of the City's choice. 2. BIDDING AND CONSTRUCTION PHASE The Consultant shall provide the following services in this phase upon written authorization from the City: a. Assist the City in securing bids and providing bid documents for contractors. b. Tabulation and analysis of bid results and furnishing recommendations on the award of the construction contracts. C. Assistance on the preparation of the formal documents for award of the contract. d. Review shop drawings and samples, the results of tests and inspections, and other data which any contractor is required to submit for general conformance with the design concept of the project and general compliance with the information given in the contract documents; determine the general acceptability of substitute materials and equipment proposed by contractor(s); and receive and review (for general content as required by the specifications) maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by contractor(s) in accordance with the contract documents. This review does not relieve, the construction contractor or supplier from =responsibility. for n errors, correctness" of details, or conformance with the contract(s). e, The Consultant and the City shall discuss interpretation of the requirements of the construction contract documents. .The Consultant shall have the authority to act on behalf of the City; however, final decisions on any matter shall rest with the City. I f: Review and process application for progress payments. t g., Conduct an inspection to determine if the project is substan- tially complete and a final inspection to determine if the project y has been completed in accordancewith the contract documents and if each contractor has fulfilled all of his obligations thereunder so that the Consultant may approve, in writing, final payment to each contractor. h. Issue all instructions of the City to the contractor; prepare routine change orders as required for approval by the City; and require special instruction and testing of the work' as the Consultant deems necessary. I.: Make visits at appropriate Intervals to the site of the project to familiarize himself generally with the progress, and quality of the work'and determine in general if the work is proceeding in accordance with the construction contract documents. On the basis of on-site observations, the Consultant shall endeavor to guard the City against defects or deficiencies' in the work of the contractor and may disapprove or reject work as 'failing to conform to the construction contract. The Consultant shall not be required to make exhaustive or continuous on-site observations to check the quality or quantity of work. The Consultant shall not be responsible for the construction means, , methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the work. He'shalI not be responsible for any failure of the'Contractor(s) to carry out the work in accordance with the construction contract(s). i . I41CROFILMED BY DORM MICR&AB CEDAR R.MIDS BES MOINES h1ICROFIL14ED BY JORM MICROLAB CEDAR RAPIDS AND UES MOINES, IOWA i+W 4 n 3. ADDITIONAL SERVICES OF THE CONSULTANT If authorized in writing by the City, the Consultant shall furnish or obtain from others the additional services of the following types which are not considered normal or customary basic services. These will be paid for as stated in Section V, Compensation for Services. a. Preparation of applications and supportingdocuments for governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; and assistance in obtaining` approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. b. Assist the City as expert witness in litigation arising from the development or construction of the Project. C. Preparation of operating and maintenance manuals, extensive assistance in; the utilization of any equipment or system, and training personnel for operation in maintenance. ?' d. Preparation of original contract drawings modified to reflect significant changes made after the contract(s) award or during construction progress. These Mylar reproducibles shall be provided for the City's files and use and be based on data s' furnished to Consultant by the Contractor or City, or furnished by the Resident Project Representative if provided, by the Consultant. The Consultant shall not be liable for use of, such documents on other projects. e. Services resulting from significant changes in general scope of the Project or its design including, but not limited to, changes in size; complexity, and revising previously accepted studies, reports, design documents, or contract documents when such revisions are due to causes beyond the Consultant's control. f. Technical observation of construction by a full-time Resident Project Representative and supporting staff. The duties, t responsibilities' and the limitations on the authority of the f Resident Project Representative and assistants are as set forth i in Exhibit A and are made a part of this Agreement before such services begin: C I Through more extensive on-site observations of the work in 4 progress and field checks of materials and, equipment, by the Resident Project Representative and assistants, the Consultant shall endeavor to provide further protection for the City against defects and deficiencies in the work. g. Providing field "stake out" of work beyond the initial stake out { under the survey phase of this Agreement. I, h. Any other services not otherwise provided for in this' Agree- ment, including, without limitation,,' the services normally provided by the City as described; In the, III of this Agreement. 4. PROPERTY ACQUISITION The City will acquire property for this Project under provisions of the j Federal Uniform Relocation Assistance and Real Property Acquisition policy guidelines. The Consultant services under this portion of the Agreement shall Include the following: a. Determine alternative acquisition boundaries and policies and recommend'a strategy to the City. Also see Preliminary Design Phase. b. Hold discussions with property owners to apprise them of the Project and answer questions. C. Coordinate appraisal and purchase negotiations. It will be the responsibility of the City 'to'hire and compensate appraiser(s) as necessary, to fulfill the obligations of the Federal Uniform Relocation Act. MICROFILMED BY =i JORM MICR6L AB I ' CF.DAR PN'105 SCS MDL•!CS fAiCROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND DES MOINES, IuWA i^•r 5 d. Assist in acquisition proceedings e. Determine potential crop loss due to flooding. 5. SURVEYS The Consultant shall provide the following surveying services: a. Construction staking - one time field stakeout of construction. Additional field stake outs shall be done as part of the Additional Services of the Consultant. b. The Consultant shall provide a scope of services for additional surveying so that the City may hire a local surveying Consultant to do the following work as necessary: 1. Provide topographic mapping with two foot contours. 2. Establish bench marks. I 3. Do stream profile and cross sections. 4. Prepare metes and bounds description of the entire parcel 1 owned by each property owner and the parcel to be acquired by outright acquisition or easement. 5. Flag the high water line. 6. Survey existing property linesand survey property for acquisition or easement. The City of Iowa City will be responsible for the hiring and compensation i of the -local Consultant. The City of Iowa City will be responsible :for making all offers and { negotiations of compensation, leases, etc. If. GENERAL TERMS ! 1. The ! Consultant or the City may terminate this Agreement upon seven i (7) days notice. If the Agreement is terminated, the Consultant i shall, be 'paid on the basis of work status satisfactorily completed under Phases 1, 2, 3; 4 and 5 and accepted by the City. The portion of work completed under each phase not, yet accepted by the City shall be determined mutually by the Cit and t If the ' Y he Consultant. t. City and the he Consultant are unable to agree on the percentage , Of completion, each side shall' pick an arbitrator. ' These two arbitrators shall pick a third arbitrator and the City and the Consultant shall, be bound by the decision of the arbitrators: 2.' Records of the Consultant's Standard Time Charges pertaining to the Project shall be kept a generally recognized nized acco untin 9 basis and , be available to the City or its authorized'. representative at mutually convenient times. It Is agreed' that the Department of Housing and Urban Development, the Comptroller General of the United States, or any other 'duly authorized representative shall have access to any books; documents, papers, and records of the Consultant which are directly pertinent to this specific contract for i the purpose of making audit examinations, excerpts, and trans- criptlons'. It 1s agreed such examinations by any party shall be made at the Muscatine, Iowa office. 3. This Agreement' shall be binding upon the successor and the assigns of the parties hereto; provided, however, that no assignment shall be made wlthoutthe written consent of, all parties to said Agreement. 4. It is understood and agreed that the'empioyment of the Consultant by the City for the purposes of said Protect shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. Said, Consultant shall be responsible for the compensation, .com ens of o n � Insurance, and all clericaldetail involved in their employment. r 141CROFILMED BY q JORM MICR+LAB CFOAR RAPM' • IT' MOINCS Q!CROFILI4ED BY JORM LIICROLAB CEDAR RAPIDS AND ULS 1401NLS, IOWA o 5. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the Ordinances of the City of Iowa City, Iowa. 6. The Consultant shall attend such meetings of the City Council relative to the work set forth in this contract as may be requested by the City. Any requirement made by the above named representatives of the City shall be given with reasonable notice to the Consultant so that he/she may attend. 7. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required, by law.' 8. The City agrees to tender to the Consultant all fees and money in accordance with this Agreement except that failure by the Consultant to satisfactorily perform in accordancewith this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly' complete the Project in accordance with =this Agreement: 9. Should' any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as '- though' severable from the part invalid. III. CITY'S RESPONSIBILITY , The City shall: I, 1. Provide full', information as to the requirements for the Project. $I " 2. Designate Richard J. Plastino to act as the City's € representative with respect to the work to be performed under this Agreement and such person shall have complete authority to;, transmit instructions, receive information, interpret and a' define the `,City's 'policies, and decisions with respect to materials, equipment, elements and systems pertinent to the e work covered by this, Agreement: 3. Assist the Consultant by placing at his disposal all available .� information pertinent to the site of the .project including previous reports and any other data relative to design and construction of the Project. 4. Make all provisions for the Consultant to enter upon public and private land as required for the Consultant toerform his p work under this Agreement. 5. Examine all studies, reports,, sketches, estimates, specifica- tions, drawing proposals,. and other documentsP resented b the Consultant and render in writing decisions pertaining to the documents within fifteen (15) days after receipt so as not to delay the work of the Consultant.' r IV. TIME OF COMPLETION The Consultant will complete the various phases of this Agreement from the times listed below: Phase 1a - Preliminary Design The preliminary design phase will be completed within ninety (90) days after signingpf this Agreement: , Phase 1b - Final Design This phase will be completed within sixty (60)` days after written authorization' to proceed. :41CRO'FILMED BY . JORM 'MICR6LA13 I CEDAR RAPT S • DF.S. M011415 f•11CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES 14U1NES, IOWA Phase 2 Bidding and Construction Phase There will be no specific time limits on the bidding and construction phase. Phase 4 - Property Acquisition There will be no specific time limits on' the property acquisition phase. Phase 5 - Property Survey There will be no specific time limits on the property survey phase. V. COMPENSATION FOR SERVICES Compensation to the Consultant and other conditions of service shall be in accordance with "Schedule of HourlyFees and Charges for Professional Services" in effect at the time the work is performed. A copy of the current schedule is attached as Exhibit B. Estimates of cost and fee limitations for phases of services outlined above are as follows: Phase 1a - Design Phase - Preliminary Design Estimated cost of this phase based on completion of the phase before March 31, 1979, is $24,800. Phase 1b - Design Phase - Final Design, Estimated cost of this phase based on completion of the phase before March '31, 1979 is $18,500. The total fee for Phase 1a plus 1b of the n Project shall not exceed $43,300. Phase 2 - Bidding and Construction Phase { The total fee ,for this phase of the Project shall not exceed $10,250 Q' { based on completion of the work before March 31, 1980. A prorated J ad 1ustment of this fee limitation,. will be made to reflect f ees and li charges in effect for work performed on this phase after March 31, a i 1980 v Phase 3 - Additional Services of the Consultant 1 This phase of services on the Project has no fee limitation. +' Phase 4 - Property Acquisition r The total fee for this phase of the Project shall not exceed $16,200 t 7 based on completion of the work before March 31, 1980. A prorated adjustment of this fee limitation will be made to reflect fees and charges in effect for work performed on this phase after March 31, y 1980. 3 Phase'5 - Property Survey This phase of service on the Project has no fee limitation. General E Items listed in Section 11 of Exhibit B are included In the not to exceed figures listed above. I The fees listed' in this section will be billed and due payable t shat list the classifica- monthly. With g the Consultant each billing I worked and the hour) rate for each phase of the tion the hours Y tion, contract. Billings shall be broken down into the following cate- gories: 1. Design Phase a. - Preliminary and Final Design 'I t Y t41CRUILKED BY .. .Ii JORM'. MICR+LAB COAR RAPIDS • PES MOVIES I;i1CROFILMED BY JORM MICROLAB CEDAR RAPIDS A14D UES MOItIES, IOWA 2. Bidding and Construction Phase 3. Additional Services of the Consultant 4. Property Acquisition 5. Property Survey The undersigned do hereby state that this Agreement is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. FOR THE CITY: STANLEY, CONSULTANTS, INC. MAY R roil o / � l D ATTEST: CITY CL RK —T— f}Ss154j-ld T SEC2ETA2y STATE OF IOWA JOHNSON COUNTY On this doll, day of , !, y 1978, before me, a Notary Public duly ; commission d and quali led in apd*or said•County and ,State, personally, appeared ��Mayoryoi the City of Iowa City, Iowa, and Vicki J. Brei Deputy ity Clerk of said City, each being to me personally known to be the Identical persons and officers named in the foregoing'Instrument who . I ; executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal 5 at Iowa City, Iowa,the day and year last above written. " Notary Public, in and fo J Johnson County, Iowa 1 STATE OF I 0 W A COUNTY OF ) IYIVSCA7 nJE � On thisahJday of SFp7Em66R. , 1978, before me, the undersigned, a Notary Public in and for sold County and Bald State, personally appeared m, i3RIGHT and �,E. AA SFAL to me personally known, who being by me duly !,sworn, did say that they are the La-PaELPW and .4"isYavr SECpBTA&Y, respectively, of said 'r corporatlon;' that (Ao, aa4.bas_beoa-praaei) (the seal affixed thereto is the seal of said) corporation; that said instrument was sig ned and sealed on behalf of said corporation by authority of Its Board ofDirectors' and _ that the : said UIc = • Pner f ofur and AS&ISTAbr SFe�C-rARY as such officers, acknowledged the execution of said Instrument to be the voluntary act and deed of said corporation, by It and by them voluntarily executed. No ry Public in and for said County and State n S�11C8CP4� � .11;9V.,U D LEG LL „ i X TIMlL bbl Nt l t�,Y;lt C MICROFILMED BY JORM MICR6LAB 1 CEDAR RAPIDS • DES MOINES MICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES PIOINLS; 10'dA • Y 4 EXHIBIT .,A., _. TO TERMS AND CONDITIOfvo BETWEEN THE OWNER AND THE CONSULTANT FOR PROFESSIONAL SERVICES ' Dulies, Responsibilities and Limitations of the Authority of Die Resident Project Represenmtive(sl ' A, GENERAL - Tire Resident Project Representative is the CONSULTANT's 10, Records: Agent and shall act under the supervision and direction of the CONSULTANT. a. Maintain at Ihcjob site orderly lilrs for courspondenw B. DUTIES AND RESPONSIBILITIES repor is of job conlemnces, 51,01) drawings and other submissions,, reproductions Of Original contract documents including all ad 7 The Resident Project Representative shall -clench, bings change authorizations, field orders, and additional draw. 1. Schedule: Review the. progress schedule prepared by the for issued subsequent to the award of the, contract(s), the CONSULTANT's interpretations of Ihaconsbrction p tonuadorlsl compliant cewilh the contracts) and givowrit• ten advice to the CONSULTANT concerning its acceptability. conlract(s), progress reports, and other PROJECT related documents. - t ' 2. Conferences: Attend pre -construction conferences At. range a schedule of progress meetings and other job confer• b, Keep a diary or log book; recording hours on the job site; weather conditions, list of visiting officials, daily activities, " i j ences as required in consultation with the CONSULTANT and notify in advance those expected to attend. Maintain and.. decisions, observations in general and specific est procedures, r s, more detail as. in the cads 1)l observing the test circulate copies of records of the meetings. ! c. Record the names, addresses and telephone numbers of all bees fall 3. Liaison: contractors, subcontractors and major material suppliers. ? a: Sarva as [lie CONSULTANT's liaison with the Contractors) d. Maintain a set of drawings on which authorized changes are noted, and deliver to the CONSULTANT r working principally through the Contractor(s)' superinten• Alert the Contractors), through his superintendent,to at the completion of the PROJECT.'.dent(s): Sthe hazards involved in accepting and acting upon instructions 17, Reports.. - " from others, except such instructions transmitted through the CONSULTANT; a•! Furnish the CONSULTANT periodic reports as required of ' progress of the PROJECT and the Contractor(s), compliance 9 br Cooperate with the Contractor(s) in his dealings with Iha with the approved progress schedules). various local agencies having jurisdiction over the PROJECT in b•'. Carrier with 1110 CONSULTANT in advance of scheduled order to completeservice connections to public utilities and facilities. major Tests, inspections. or start ofimportant phases of the' ,a PROJECT. r.e. Assist the CONSULTANT in obtaining from file OWNER 12• Payment Requisitions :additional details or information, when required, at the job silo for proper execution of the work. Review applications for payment with the Contractor(s) for 4. Approvals: When required, assist the CONSULTANT in ob• compliance with the established procedure for their submission and forward them with. recommendations to the CONSULT• laining from the Contractor(s) a list of his proposed suppliers ANT, noting particularly their relation to the work completed F and subcontractors. and. materialsand equipment delivered at the site.. 5. Samples: Assist the CONSULTANT in obtaining field sam. 13, Guarant0s, Certificates. Maintenance and Operation Pies of materials delivered to the silo which are required to be Manuals ". f r furnished, and keepd 1 record o actions coons mken by the CONSULT• .ANT, wocr,(ioem le thebleak Guarantees, During life cenance i 6. Shop D ! p rawmgs: sales and required aml0nmtco and 0 era i p for Manuals andnother required dela to be furnished by the Conlrador(s) and upon acceptance 1 a. Receive reviewed shop drawings and other submissions from of the PROJECT, deliver this material to the CONSULTANT r; 1 the CONSULTANT; record ilia data received, maintain a file of for his review and forwarding to ilia OWNER, j the drawings and submissions, and check the construction for 14. Completion: 1 compliance with them. b. Alen the Conlractor(s)' superimendont(s) when he observes a. Prior to inspection for substantial completion, submit to the Contractor(s) a list of observed items requiring rorreclions. j materials or equipment being installed before review of shop drawings or samples,, where such is required, and advise ilia b. Conduct final inspection in the company of the CONSULT 1 r CONSULTANT when he Imlieves it isnecessary to disrp• ANT and the OWNER and prepare a final list of items to be corrected. i prove work as failing to conform to Ilia construction con. I Imclls). C. Verily that all items on the final list have been corrected and ` 7. Review of Work, Inspections and Tests: make recommendations to the CONSULTANT .concerning a. Conduct onsite observations of tileacceptance work in progress for r Ilia CONSULTANT as a basis for determining that the PRO. ' JECT is proceeding^. In accordance with the construction contmn(s): C. LIMITATIONS OF AUTHORITY b. Disapprove of or rojecl walk observed which is diflaclive; Except upon written Inslmclions of, the CONSULTANT tiro Resident Project Representative: I.e, it is unsatisfactory, faulty, or does not conform to the requirements al Iho f:00dIr1lClian conhactld). I. Shall 001 0ulh0rizo any dnvinlion Item the conslruciinn e. Vmily that tests, including equipment and sVstnms start. : contract(s) at aplunv0 any, subslihrtn, niaturials at equipmanl tip, which one required by 1110 construction contract(s) are con• not undo ort any of file ospanstblor(s) rad the Com dueled and that, 1110 Contraclorls) maintains adequate records tr tor( tractorlsl. the subcontractors or the Cmdmdor(sl' superinlen•, the dont. thereof;' observe;. record and report to the CONSULTANT p appropriate details relative Io the test procedures and startups. ° 3, Shall not expedite Iho work for the Conl raclor(sl.4. . d,Accompany visiting inspectors represonting public or other !!i ise on at issue es 10 it not methods, lror ilea agenciesg jurisdiction over the PROJECT, record Ilia out. quencestions of means, techniques, proceve dures of coma of these inspeciious and report to the CONSULTANT. construction unless such is specifically called for in the Con• 1 struelion Commct(s). B. Interpretation. of Construction Contract:' Transmit to ilia ConlrnUnl(s) Ilia CONSULTANT's filler prolat ions Ilia 5. Shall not authorize the OWNER to occupy the PROJECT in of can. slnicliun conlmdlsl. - !, whole Of In par l: - 6. Shall not participate in specialized field or laboratory. B, Modifications Consider and evaluate the Contractor(sY sug• lasts ',. or inspections conducted by others. ations report for with recom in lie ions tos' f specifications and report them with recommmudelions to the'. CONSULTANT. 7, Shall not assist contractor(s) in maintaining up lo -date copy '! of Record Drawings. • 10 '. kv-n.-....__P1LI4ED BY ,. JORM MICR+LAB '. CpAR PAPI?S' I.')ES MOVIES - DORM MICR+LAB CCDM P.APIOS DES'. MOINES I1ICROFILMED BY JORM MICROLABCEDAR RAPIDS AND UES 140INES, IUWA ti I. Exhibit B i STANLEY CONSULTANTS ' SCHEDULE OF HOURLY FEES AND CHARGES FOR PROFESSIONAL SERVICES FY 1978-79 I. Compensation for oihee-based persannullocated in the contiguous United Status for time used it, the perlmmance of the work shall be in accordance with the following Hourly Fees: Classification HourlyRale Classification cation Hourly Rate , . SC -1 8.50 SC -8 27.60 iS SC -2° .10.00 SC -9 31.40 . SC i i:. -3 12.70 SC -10 35.70 SC -4 '. 15.00 I SC. 11 41.50 SC -5' 17.90 SC -12 .54.30 I SC -6 21.00 SC -13 68.00 } SC -7 24 10 SC -14 84.00 f! j' Travel time in the Interest at the work and away from [tic assigned office, either local or intercity, will be charged in accordance , with the foregoing schedule. When traveling by public carrier, the maximum charge will be eight hours per ' 4 day. j II. Compensation for items of expense and other charges Incurred In connection with the performance of the work be ,. In accordance with the following schedule: shall + f Commercial Travel Net Cost Living Expenses (away from assigned office) Nei Cost SC or Personal Car 50.18/mile Telephone and Telegraph Nei Cost Carry -all Survey Vehicles 50.20/milo Equipment Rental C y Net Cost 'SC Airplane - Norm at Charge 50.28/passonger mile Laboratory Work Net Cost SC Airplane • Minimum Charge S0.60/afr mile Soils Testing and Analysis Nei Cost 'ATS Terminal and Outside Computer Special Outside Consultation Net Cost First Preparation 53.75/page Outside Photographic Work Nei Cost • Revisions or Addenda 52.50/page Duplicating Work (schedule supplied upon request) r Mag Card Typing $3.50/ a o IIL. Computer use for which special or customized programs aro established shall be charged at a cost per unit. Computer use for which such programs have not been established shall be charged on an hourly basis. Unit and hourly charges Include costs of programming and computer operation. Roles lot special programs and customized programs and (. current houdy.charges will be provided upon request. . , ' IV. Statements Will. be submitted and payable monthly. ff V. Stanley Consultants will Indemnify, defend, keep and save harmless our Client, its agents, officials, arid employees against all sults or claims that may be based on any bodily Injury or damage to property that is the result of an error, omission, or negligent pct of Stanley Consultants, or any person employed by Stanley Consultants. I I . VI Certificates of insurance coverage 9e will be supPlwtl . upon request. VII Exceptions to or deviations from any of the foregoing terms shall be valid only as specifically and mutually �I agreed upon. VIII, All charges are subject 10 revision at Ilia beginning of our next fiscal yonr •April 1, 1978, 14r 4/24/78 tY 14ICROFILME0 BY _ DORM MICR+LAB CCDM P.APIOS DES'. MOINES t•11CROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND UES MOINLS, IuwA EQU.kL OPPOR'NSll-y CLAUSE 1; The Company states that it is an equal opportunity employer and shall not commit any of the following employment practices, and agrees to prohibit the following practices in any subcontracts. a. To refuse to hire or to discharge from employment any individual because of their race, color, religion, sex or national origin. b. To discriminate against any individual'in terms, conditions, privileges of employment or any other way discriminate because of race, color, religion, sex or national origin. 2. The Company agrees to comply with the contractualobligations for participants on Federal or Federally -assisted construction and/or non -construction projects as set forth in Executive Orders 11246 and 11375 and rules and regulations inssued pursuant thereto. (See EXHIBIT a. The City agrees to provide the best information available on the Federal requirements for Federal or Federally -assisted projects. �. b The City 'agrees "to provide technical assistance to the Company to come into compliance with the Federal regulations. c. The Company agrees to provide the City with a copy of its re Affirmative Action Program if the Federal regulations require such. 1 3. In accordance with the Affirmative Action Program of the City of Iowa City, the Company hereby agrees to file the "Statement of " Intent: Nondiscrimination and Equal Opportunity Statement" attached hereto when submitting its bid. (See ERHIBIT B) 1 I i rY. IdICROFILtdEU BY ' JORM MICR#LAB CEDAR RAPM05 • PE. MO NES h11CR0F1Lh1ED BY JORM MCROLAB CEDAR RAPIDS AND DES t•1UJNLS, IUWA City of Iowa City MEMORANDUM DATE: September 14, 1978 TO: Neal Berlin and City Council l FROM: Dick Plastino, Director of Public Works,', J, RE: _Contract with Stanley Consultants for the South Branch Detention Structure Professor Harrison Kane of the University of Iowa and myself interviewed Shive-Hattery, Shoemaker-Haaland Professional Engineers, and Stanley Consultants for this project. Both Professor Kane and myself concurred on the selection of Stanley Consultants. They have provided us with excellent work on the Environ- mental Review Record for the south branch dam and the firm has 'a highly qualified staff with a great deal of support in many disciplines. Compensation was determined as follows: Scope of services was prepared by the City. The Consultant further defined the scope of services and prepared a work schedule listing number of hours worked by each classification 5 of employ. The, City then reviewed:the number of hours to determine whether the Consultant was either too high or too low on anticipated workload. The number of hours were then ; multiplied times the standard time charge and this provided a not to exceed. The City is protected by the not to exceed and at the same time will accrue any savings on, portions of the project that do not require the anticipatednumber of manhours. The contract provides for five phases. These are: 1. Design Phase (Preliminary and final) t 2. Bidding and Construction Phase 3. Additional Services of the Consultant 4. Property Acquisition 5. Property Survey We are finding that the property acquisition' under Federal guidelines, is by far the most difficult portion of any Federally funded 'job. This contract, provides extensive help to the City staff in property acquisition. We are working with four property owners on this project and if all goes well this winter a project will be bid and built in the summer of 1979. 111CRDFILMED BY JORM MIOR#LAB.. .. CEDAR RAPIDS ..6 1401'IFS 11ICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA (AGREEMENTS/CONTRACTS I 6",+ Attached are 'unexecuted copies of 1 .y 7'Y 7"/,;2,4 - as signed b the Mayor. B Y , 1 -After their execution by the second party, please. route 1) .�/.(�n�ee�t� �t.,,..r� cin-rr✓ I 3) 12 4) y 5)I n is to be rea P onsible ,for HH i completion of this procedure. f I i Abbie Stoifus,'CMC City Clerk F I I f L j .1 g HICRDFILIdEO BY., y' I .I JORM MICR+LAE3 CEDAR RAPIDS PES MOINES CEDAR RAPIDS AND DES MOINES,'IOWA RESOLUTION NO. 78-427 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF THE GOVERNOR ROBERT LUCAS SQUARE AND FOUNTAIN PROJECT = WHEREAS, McComas-Lacina ConstructionCo, of Iowa ,City, Iowa, has submitted the best bid for the construction of the above- named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the contract for the construction of the above-named project is hereby awarded to McComas-Lacina Construction Co. of Iowa City, Iowa, for the 'amount of $108,595.00, subject to the condition that awardee secure adequate performance bond and insurance certificates and subject to completion of financial arrangements by the Lucas Square Committee. It was moved by Neuhauser and seconded by Perret that the Resolution as reaTFe a opte ,and upon roll caTT there were: AYES: NAYS: ABSENT: BALMER ! - x dePROSSE x ERDAHL 11 x NEUHAUSER —x PERRET —x ROBERTS — —_ x VEVERA Passed and approved this 19th day of September, 1978. ��. OH N R. BALMER, MAYOR PR0 TEM ATTEST: 1/co'i 9 . 13rt,� VICKI J. REI, DEPUTY CITY CLERK i I Received 8, Approvmd I By The Legal Department % 7 lA� 7/6 141CROFILMED BY J4{ JORM MICR46LAB i '[ CEDAR PDPI.DS •, DFS MOINES. ' h11CROFILMED BY JORM 141CROLAB CEDAR'RAPIDS AND DES MOINES,, 10WF/ y DIVISION 1, SECTION G FORM OF CONTRACT ' THIS AGREEMENT, made and entered into this 191h day of September 19 78, by and between the CITY OF IOWA CITY, IOWA, by its Mayor upon order by resolution of the City Council of said City, hereafter called the CITY and McComas Lacina Construction Company i hereinafter called the CONTRACTOR. WITNESSETH: That whereas the CITY has heretofore caused to be prepared certain plans j and specifications dated Auoust 1, 1978 and entitled ' ' Governor Robert Lucas ,Square and Fountain, Project which plans and specifications are now on file with the City Clerk of the city of Iowa Lity, !l Iowa and Whereas, the CONTRACTOR has sumbitted a bid to perform the work as described 1 r the terms and conditions under which the CONTRACTOR is willing to perform ( said work; i I NOW, THEREFORE, IT IS AGREED: 1. That the CITY hereby accepts the bid of the CONTRACTOR for the { 4 work and for the sums listed therein -Total Amours[ "s l08 595 00- one hundred eight thousand five hundred ninty-. 3 i five dollars " 2. That this Contract' consists of the following component parts which are made part of this agreement and Contract as fully' and absolutely as if they were set out in detail in this Con- x tract: a. Addenda Numbers 1 thru l inclusive {{l 9 _ b. Detailed Specifications Division Three - Sections A thru H g c. Plans Dated August, 1,, 1978 d. Advertisement for Bids e. Instructions to Bidders f. Special Provisions I g. Special Conditions 1 h. General Conditions i I -G -I I i 141CROFILMED BY I ,.",1 JORM MICR6LA13 i CEDAR RAPIDS - DCS MOINES • fjjCROFILMED BY JORM MICROLABCEDAR RAPIDS AND DES MOINES, IOWA aY I. Contractor's Bid i j. This Instrument i Above components are complementary' and wall is called for by one shall be as binding as if called for by 3. That payment are to be made to the Contractor in accordance with in the documents made a ` i and subject to the provisions embodied i part of this Contract. 4. That this Contract is executed 'In Quadruplicate. 1 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. IOWA CONTRACTOR McCanas Lacing F.Construction Co. CITY OF Iowa/C�i t/ j (Title) Ma or (Title) y ATTEST: ATTEST: 0 Of lTitle ' � ( d I , r. r 1 1-G-2 I ' BY 'FILMED JORM MICR LAB', CEDAR RAPIDS • US MOINES' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MOINES, !UWA Q4 CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES', IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES NOINES, 10�IA i ORDINANCE ' AN ORDINANCE AMENDING ORDINANCE NO. 2605 TO REQUIRE THAT AN ESTABLISHMENT FOR WHICH A LIQUOR CONTROL LICENSE OR BEER PERMIT IS ISSUED SHALL BE LOCATED - ON THE GROUND FLOOR OF A BUILDING AND SHALL CONTAIN x WINDOWS WHICH PERMIT VISIBILITY OF ITS INTERIOR i' FROM THE PUBLICWAY.' SECTION I. PURPOSE. The purpose of this ordinance is to amend Ordinance No. 2605 to require that an establishment for which a liquor control license or a beer permit is issued shall be located on the ground floor of abuilding and shall contain windows which <permit visibility of its interior ^' from the publicway. a r SECTION II. AMENDMENT. Section IV Conditions for Approval of License of a Permit -Premises is hereby amended by adding the following: ` F. No class "C" liquor control license nor class j "B" beer permit, except for hotels, motels, 1 and private clubs, shall be approved for an establishment' which is not located on the y ground floor of a building and which does not f contain windows which permit visibility of its interior from the publicway. This provision shall not be :applicable to establishments y which were licensed prior to October 1, 1978. II SECTION III.REPEALER. All ordinances and parts of ordinances in, conflict with the provision of this ordinance are hereby repealed. !' SECTION IV. SEVERABILITY. If any section, 'pro- v vision or part of, the, Ordinance shall be adjudged to be invalid or unconstitutional, such adjudica- tion shall not affect the validity of the Ordinance s as a, whole or any section, provision or part thereof not adjudged invalid or unconstitutional. � 9 y ROBERT A.sVEVERA, MAYOR ATTEST: ABBIE STOLFUS, CITY CLERK it / O 7z 141CROFILMED BY - JORM MICR+LA.E1 CEDAR RAPIDS - DES MORIIS. MICROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND ULS M0i?ILS, IOWA f (. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 2605 To REQUIRE THAT AN ESTABLISHMENT FOR WHICH A LIQUOR CONTROL LICENSE OR BEER PERMIT IS ISSUED SHALL BE LOCATED ON THE GROUND FLOOR OF A BUILDING AND SHALL CONTAIN WINDOWS WHICH PERMIT VISIBILITY OF ITS INTERIOR FROM THE PUBLICWAY. SECTION I. PURPOSE. The purpose of this ordinance is to amend Ordinance No. 2605 to require that an establishment for which a liquor control license or a beer permit is 'issued shall be located on the ground floor of a building and shall contain windows which permit visibility of its interior from the publicway. SECTION II. AMENDMENT. Section IV Conditions for Approval of License of a Permit -Premises is hereby amended by adding the following: F. No class "C" liquor control license nor class B" beer" permit, except, for hotels, motels, and private clubs, shall be ,approved for an establishment which is not located on the ground floor of a building and which does not contain windows which permit visibility of its § interior from the publicway. , This 'provision 2 shall not be applicable to establishments which were licensed prior to October 1, 1978. SECTION III. REPEALER.' All ordinances and parts n of ordinances in conflict with the provision of this ordinance are hereby repealed. .� SECTION IV. SEVERABILITY. If any section, pro- vision or part of the Ordinance shall be adjudged i to be invalid or unconstitutional, such adjudica- tion shall not affect the validity of the Ordinance i as a whole or any section, provision or ',part i thereof not adjudged invalid or unconstitutional'. ROBERT A. VEVERA, MAYOR ' ATTEST: ABBIE STOLFUS, CITY CLERK _ y... •y am"" micRor]LMEO BY irl JORM MICR6LAB' .CEDAR RAPIDS - DES MOINES ltlpROFILMED'BY 'JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA Y , j from the desks of the CITY: CLERXrS OFFICE i l-Gum Owl. 94 i it � � /.,7,��rr 7��1-cth� `rtc.Ll•ct_Fj.�,�2 -.. I i I? , ' it i i 141 CROEILIAED BY I JORM MICR+LA9 CEDAR RAPIDS • DES MORTES • CEDAR RAPIDS AND DES MOINES, IOWA MICROFILMED BY JORM MICROLAB y Ordinance No. Page 2 It was moved by and seconded by that the l Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ! ' �., Balmer` _ deProsse i Erdahl — Neuhauser " r: — Perret — Roberts _ Vevera I, First consideration Vote for passage: ` Second consideration Vote for passage: I, 41 I I I t a I RECEIVED k APPROVED HX THE LEGAL DEPARTMENT it t , y MICROFILMED BY � - 1 .. 7 JORM MICR#LAB I l CEDAR RAPIDS DES MOINES� MICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES MOINES, IOWA