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1974-06-18 Resolution
Cst'� K!^ ov s ! ;.,.. t ,RESOLUTION N0._ RESOLUTION TO--ISSUE..-CIGARETTE PERMITS WHEREAS, the following firms and persons have made application, filed the bond, and paid the mulct tax required by lav `for the sale of cigarettes and cigarette papers;:therefore, BE IT RESOLVED BY,'THE CITY-COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond'now on file .in.the office of the City Clerk be and the same are hereby approved, and the City=Clerk be and he is hereby directed to issue `_a permit to sell cigarette papors and cigarettes to the following named Persons and firms: Joel Ludvicek dba/Star Vend Service, 2008 Lower Muscatine Whiteway Supetmairket, 312 S. Clinton Foxhead Tavern, 402 E. Market St. Seaton's Cash h Carry, 133.1 Muscatine Ave. Fraternal Order of Eagles k 695 Hamburg Inn No. 1, 119 Iowa Ave. Kwik Shop, 1814 Lower Muscatine Road Mott's Drug,Store 19 S. Dubuque u ue St.- q Amelong's Skelly Service,.22pp4 N. D bu ue St. Ware & McDonald Oil Co., 8Z8 S. Du�uq e. The Annex, Inc., 819`lst Ave. Green Cross'of`Iowa .City,.-Inc.,118 E. Washington Iowa Memorial Union,:Madison,$ Jefferson S.S. Kresge C., 121 E. Washington Iowa Vending Co.'dba/Knightsof. Columbu;3l8�s Washingtr: Sears Roebuck $ Co.,;1600-Sycamore Knights of Columbus Building Assoc., :328 E.. Washington Clark Super 1.110011 Service Station, SO4 W. Burlington Larry's Texaco g Y Service Station, RR 1, Iowa City Roseland Grocery & Market,_ 322 E. Benton I RESOLi RESOLUTION OF. Al V l F` C � j i fit`• AI ION NO.,;: 74-227 ROVAL OF CLASS B XX4N4KX4&4j1M BEER BE IT RESOLVED BY- 'THE CITY COUNCIL.OF IOWA CITY, IOWA, that a Class B Beer Sunday Sales Permit application is hereby approved for the following named person; or persons at the following described locations` Iowa City Pizza Co., Inc. dba/Shakey's Pizza Parlor & Ye Public House 531 Highway 1 West Said approval shall..be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk, shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required'to the Iowa Beer and Liquor'Control Department. It was moved by White and seconded by deProsse that the Resolution.,as read.be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt X Davidsen Czarnecki X KKKKKENM deProsse ;X White X Passed this 18th day of June , 19 74 Ii, BE IT RESOLVED ;BY THE CITY 'COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations: Iowa City Piazza Co., Inc.'dba/Shakey's Pizza Parlor & Ye Public House 531 Highway 1 West Said.approval shall be.subject to any:conditions,or restrictions hereafter imposed by ordinance -or state law. The City Clerk -shall :cause a recammendation for approval to be en- dorsed upon the application and forward.the same -together with the license fee, certificate of financial responsibility, surety bond and all other information or docents required to the`Iowa:Beer & Liquor Control Department. It was moved by'.White and seconded by dePrncsP that the Resolution as'read be -adopted, and upon roll call there were% AYESt NAYS: ABSENT: Brandt X Czarnecki X Davidsen X eProsse X White X Passed this l8thday of June ,.` 19 74 vo:74-229 BE IT RESOLVED:.BY�THE CITY COUNCIL OF.IOWA-CITY, IOWA, that a Class "C" Beer Permit Application is hereby, approved for the following named per- son or persons at the -following' -described locations: Whiteway Super Market, 212 S.`Clinton, I.C. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City, Clerk 'shall cause a recommendation for approval to be endorsed upon the ,application .and forward-:the:same together with the license fee, surety bond and all other, information or documents required to the Iowa Beer and Liquor Control D�pament. It was moved by White and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: Brandt AS: NAYSs ABSENT: Czarnecki Davids -en deProsse X. White. Passed this 18th -' day. of June , 19 74 =J RGSOGUTJON_ NO. �74'-230 - RESOLUTION OF'APPROVAL`OF CLASSC LI UOR CONTROL LICENSE APPLICATION. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Li described location: quor Control License application is hereby ap- for the following named person or persons at the following descri David L.'_Alberhasky dba/Foxhead Tavern, 402 E. Market Said approval shall be subject to any conditions or restrictions here- after imposed by ordinance or state law:_ The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of sketch of th:financial responsibility, surety bond, e premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by White and seconded by deProsse that the Resolution as read a adopted, and upon roll call there were: 1 RESOLUTION OF'APPROVAL`OF CLASSC LI UOR CONTROL LICENSE APPLICATION. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Li described location: quor Control License application is hereby ap- for the following named person or persons at the following descri David L.'_Alberhasky dba/Foxhead Tavern, 402 E. Market Said approval shall be subject to any conditions or restrictions here- after imposed by ordinance or state law:_ The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of sketch of th:financial responsibility, surety bond, e premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by White and seconded by deProsse that the Resolution as read a adopted, and upon roll call there were: RESOLUTION -NO. 74*2231 RESOLUTION AUTHORIZING MAYOR TO EXECUTE PLANNED USE REPORT FOR GENERAL REVENUE SHARING FOR THE FIFTH ENTITLEMENT PERIOD, JULY 1,-1974 THROUGI-1 JUNE 30, 18-; WHEREAS., the City of Iowa City, Iowa has nego- tiated a report for the Sth period for Revenue Sharing, a copy of said report being attached to this Resolution and by this reference made apart hereof, and WHEREAS,the City .Council deems it in the public interest to authorize execution of said report. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL. 1. That. the Mayor is hereby_ authorized and dir- ected to execute the report with Dept of Treasury, Office of Revenue Sharing.. 2. That the City Clerk shall furnish copies of said report to any ,citizen requesting same. It was moved by Brandt and seconded by White that the Resolut on e a opted, and upon roll call t ere were: AYES:' NAYS: ABSENT: X Brandt X X Czarnecki Davidsen X deProsse X White 19 74 Passed and approved this 18th day of J---- u__ - a f :3 w TG- PLANNED USE' REPORT . GENERAL REVENUE SHARING � r General Revenue Sharing ptowdes federal funds%directly, to local and state governments. The law requires cath Vovernment to publish a report of its plans for the ISO.Of ihasa.funds to inform its citizensandtO CncOurafo Ihttir participation it doc:rt:n.� thpw - thr, money ouglrt to be spent: Within the purposes listed, your government may change this spending plan, a - PLANNEOEXPENDITURES � C1 - CATEGORIES (A) CAPITAL (8) PERATIN ? THE GOVERNMENT OF MAINTENANCE (C) ' IOWR CITY O t PunuC snrery $ $ 360 $ ANTICIPATING A GENERAL REVENUE SHARING PAY. Lu 15 000 c� �t O 2 ENVIRONMENTAL '�`40Z/ 53G w PROIECTION $ 20 000 $ '- MENT OF 3 PURI.IC FOR THE FIFTH ENTIrLEMENTPERIOD.JULY1.1975 TRANspag7nitoN THROUGH JUNE 30. 1975. PLANS TO SPEND THESE S 8 000 $ 210,000 FUNDS FOR THE PURPOSES SHOWN, a HEALTH $ > $ ✓ACCOUNTNO.16 2 1352 130-S 5 RECREATION S15172 IOWR CITY' $ CITY $ `MANAGER 6 LIBRARIES .S CIVIL. CENTER 7 SOCA` SERVICES O FOR AGED OR POIOWR CITY IOWR OH $ S _ 75 000.... JGCio 8 FINANCIAL - ADMINISTRATION $ $ - .. 9 MULTIPURPOSEAND (D)TM nawsrned,a hew bssrh edvlaW t++ta topyN GENERAL GOVT, $ - - this Capon has been published 1, o bbl ^�sp+per drarMtion. 1 Mw needs docur—&q It_ eemm,,U fd ttds 70 EDUCATION $ report and they are open for pubpe aatreery st ()eRarLlnPnt TI SoctAl of Finance Civic Center Iowa City, Iowa DEVELOPMENT - $. (EI ASSURANCES (Refer to Instruction E, 12 HOUSINGS COM. 1. aasure the Secretary of the This" that the MUttITY DEVELOPMENT $ tion and other etsW n tory ratWifmMnta listed b Peel( 7 13 CEVCLOPC Instructions aecortyurylnp this retort era M con�pied %ft DEVCLOPMENT .^b - by, this recipient 9"w mant with to%,,hett to the ei t7 to vi Me" l5pecify) funds reported Mreon Q $ r 3lpnatuts of thiel Esaanrve otTcr f'C IS TOTALS Edgar .Czarnecki , Mayor a $ 183,532. $',300,000NamastTRM-MeuePdH ;c Data IMPORTANT: TIII!; UPPER HALF OF.THIS PAGE MUST BE PUBLISHED Itis not re3i :i I that tfte lower half of this form bepubll hSedE INSTRUCTION H). (F) AUDIT (Refer to instruction F) 1. Are Your accounts audited? (G) TAXES Now avis the evaRaG'e of O � a O NO. - - affect the t.. Mots of T ahnM Rev. Ch S�p t+ as O YES ip+ 1wMd.,ctbnT IT.ce n :Ary a a 2. 11 "YES" thae4 one: Will enable reducbrp rate WA reduceun sn.ot of se. - - of a major tax ® Increase W e major to F]StaleAudit Agency - WIN prerertt increase In rata . © of major tax Ne efts" m re. W,*% n O C.niLed Public Accountant O - U will prevent afhactinp e OPudic Accountant - - rwv major tax ' DO NOT WRITE IN THIS SPACE FOR REVENUE SHARING USE ONLY Iniemat Auditor . f. 2 3 {- S a- 7 S 2 10 11 12 t3 is is 1s 17 is OOther (Specifyl 3. With audit of revenue shatlrtp funds be made in accordance with ORS -Audit Guide and Standards for. Revenue Sharing Recipients", (Oct. 1973)? - - C) 'A © YES ONO D DONT KNOW Cr „3 June 30 1975 4. Your Fecal Year ends on s - C O m IRI PUBUCA710N (3 Refer to instruction H) TM upper pen of this repos was published M the tolbwin - v / 2 newspaper on the stated date at a costo! S Name of Nrrwtpeper• . 30.71 Iowa`City Press -Citizen Datal�x.h., c v w 319 E. Washin¢ton �' w Iowa City, Iowa 52240 C7 3 ;,. a �t ,-g- 45.r - T ya 4 ,�• y�-`S{�E i k fit- t 1 +f C 4' f "��'. iji, •L�r._ }f p W rp• p v to o• ,.. fD OC' H r ►. W. to A p h W to ►e• ►'• p03 M G A C •ty pp�� p `C `Crp rt n M B 6 C) \ wow n r t~o O Hp M n n r. p p p v � t9 a W V F+ O, 00 N V �A• 00 O A 00 00 V w N V r Y r y C` to O to O to to N \ V V CD O V O0 00 L O O N vs v Np M \ A O N a � o. v N In ON . to tp O O t0 O a a J A 6'1 (/► N Ln \ V v N W to W lA tn OLn O O \ A .O A .p w N �4 wco v r+ w 0 totnCD oo w W O . . . N r \ O O O N 000 to t:r.t7bf V N P(,n FCD - v, n rt g 0D to 00o0 O O O O O to V O Ary - V -- V N N VCD tPjf O• to ' Ln O co CD in N to .000 ►.. � V tT 44 4o% N - N N 00 N O _ W W V +-• C% A O to O ,ta -M A- w 0 tp 0 CD Q w 0 to to O 00 CtOr p0 N N - W O- 00 V.O tp00 to y y 0 ca 0- y p �} C'C < X�In �►dj w,rd�± d r d I•+ ef d A -1•+ M- d ,.4 r 0 r I . W N A 7S' Oti 00 9• M W N W. �' M t H• N O. d �Q' W \ u�,:...:. tb - ~ O A Q7• M n n M. O rt N .' N - w n C t••- tail fn faD f�,•S7 W. y O y I.O.. c= fD O w H, d V YAC Q• to a •.Cpm n n � O t0-• OCA Oy W pr 0 pr pi 11 pr 'd'1 N d A G• n Cn>r• M y .. - .0.0 rIpo C f/l•. 'D lD M M. O• M _n P3 o0 C ty M to vi FIC - a Ch v N M r42 P V W Fw NW VON0W W co OOto O N V fq _N N - N \ N. -4 K) V N V •• - - to O V V to W Y 'Y Y Y to I A 0 \ - A O O_in b toto A \atN 00 0* A. Yto -ij N t!t (R Ln CD 00 �-• _ t,3 Ln cA Y Fioio ►� N O Cl CD tp 0 r I O OHO O tT \ u�,:...:. tb t0 V irr O O w A 0%cm- V Fto � O ME h 00 W v ►� to 0 r I 0 \ O tb t0 V O O O ME S1, y' -�a`c 14 RESOLUTION N0. 74 2 3 2 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WHEREAS, the City orf Iowa City, Iowa, has negotiated a contract with Hanson Lind Meyer,Architects , a copy of said contract being attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City-Council.,deems it in the public interest to enter into said contract, for design, of and site selection for equipment maintenance facility. NOW THEREFORE BE: IT RESOLVED BY THE CITY COUNCIL. 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement with HansonLindMeyer, Architects 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same.- It was moved by -Brandt and seconded by White that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt Davidsen Czarnecki XXXXiUkAXW : de Pros s e White Passed and approved this 18th_ day of June 1974 �. ATTEST: Mayor Lu City-Clerk t 4� `< r f,e _t 9%✓ Tt_ s-•a E +s ��', 3 #.1. AGREEMENT IT IS HEREBY AGREED by and between the City of 101:a City, Iowa, a municipal corporation, duly authorized and existing pursuant to the laws of the State. of Iowa, hereinafter called the Owner and Architects j Hansen Lind Meyer, Inc., 116 South Linn Street, Iowa City, Io1:a, hereinafter called the Architect, as follows: WHEREAS, the Owner wishes to construct an equipment maintenance facility in the City of Iowa City, Iowa, the exact location in said city to be determined at a later date, and the construction of said facility hereinafter referred to as the Project, and WHEREAS, the Owner and the Architect wish to enter into an Agreement for the services of said Architect in the construction of said Project: WITNESSETH ARTICLE I COMPENSATION 1) The Architect shall provide professional services for the Project in accordance with the terms and conditions of this Agreement, 2) The Owner shall conpensate the Architect in accordance with the terms and conditions of this Agreement, as follows: a) For the Architect's basic services, as descri.becl in Article III, paragraphs I through 21a inclusive, a basic fee computed at the following percentages of the construction cost, as defined in Article V for the project to be awarded under a single stipulated sum contract, six percent (600-) of the first $500,000.00 of construction cost plus five percent (5%) of the amount of the construction cost exceeding $500,000.00. b) For site selection phase a fee based on employees' time computed at a multiple of 2.5 times the employees' direct personnel expense as defined in Article VI but not to exceed $4,500.00. c) For the Architect's 'additional services as described in Article III, paragraphs 22 through 37 inclusive, a fee computed cls follo::'s: I. Principals' time at the fixed rate of thirty dollars ($30.00) per hour, and for the purposes of this Agreement, the Principals are: Richard P. nansen, ,ioh If. Lind, and Carl D. Meyer, and John D. Benz. ii. Employees' time computed at a multiple of 2.5 times the employees' direct personnel expense as defined in Articic VI. iii. Additional services of professional contiultants and project representatives, if not regular employees of tl:e Architect, engaged for the normal structural, mechanical and electrical engineering services at a multiple of 1.0 tires the amount billed to the Architect for such additional services, Project representatives shall be defined as inspectors requested by the Owner to; inspect. construction work either at the site of the Project or to inspect construction work at the place of assembly of any prefabricated or precast components of the Project. Such inspector shall be assigned to inspect the quality and method of the work. Itisunderstood that the use of project representatives does not relieve either party from any of its responsibility under this Agreement nor operates as a guarantee by the Architect as to the %,"ork. d)• For the Architect's reimbursable expenses, ariouf:ts expended as defined in.Article vII. e) The times and furtherconditions or payme,,, sha11 be as described in Article VIII._ f) It is understood and agreed that the Architect shall arrange for and shall compensate for all costs and expenses for project consultants employed by the Architect and that all such fees and expenses shall be paid out of the basic fee of the Architect, as set forth in paragraph (a) and shall not be additional expenses of the Owner. 3) It is understood and agreed that there shall be no changes or modifications of the Architect's employment and no work clone heyond the enumerated provisions of Article TIl,. paragraphs 1 through 21 inclusirc, except upon written order by the ,authorized representative of the i� Lind, and Carl D. Meyer, and John D. Benz. ii. Employees' time computed at a multiple of 2.5 times the employees' direct personnel expense as defined in Articic VI. iii. Additional services of professional contiultants and project representatives, if not regular employees of tl:e Architect, engaged for the normal structural, mechanical and electrical engineering services at a multiple of 1.0 tires the amount billed to the Architect for such additional services, Project representatives shall be defined as inspectors requested by the Owner to; inspect. construction work either at the site of the Project or to inspect construction work at the place of assembly of any prefabricated or precast components of the Project. Such inspector shall be assigned to inspect the quality and method of the work. Itisunderstood that the use of project representatives does not relieve either party from any of its responsibility under this Agreement nor operates as a guarantee by the Architect as to the %,"ork. d)• For the Architect's reimbursable expenses, ariouf:ts expended as defined in.Article vII. e) The times and furtherconditions or payme,,, sha11 be as described in Article VIII._ f) It is understood and agreed that the Architect shall arrange for and shall compensate for all costs and expenses for project consultants employed by the Architect and that all such fees and expenses shall be paid out of the basic fee of the Architect, as set forth in paragraph (a) and shall not be additional expenses of the Owner. 3) It is understood and agreed that there shall be no changes or modifications of the Architect's employment and no work clone heyond the enumerated provisions of Article TIl,. paragraphs 1 through 21 inclusirc, except upon written order by the ,authorized representative of the ARTICLE II SITE SELECTION PHASE When preliminary planning decisions regarding building arca, joint use space and site size are agreed to, the Architect shall commence the site selection phase. The intent of this phase is to examine the coi-runity arca in a broad scope contact to determine those areas or general zones of the co;- ,miry context in whicli a suitable site may be found. The end result of this phase kill be to establish a target area to be considered in more detail as containing more probable or potential sites. 1) The information to be evaluated during this phase %;ill in- clude: a) Existing and proposed major street networks, b) Existing and emerging patterns of community development, c) Zoning and land use considerations, d) Location of other city activities and facilities with strong relationship to the new facility, e) Identification of service area needs of the new facilit;. 2) After initial screening,sites with the highest potential will be evaluated in detail as prospective sites for the new facility, select(. -,j sites shall berankedin order of preference andwill be evaluated in detail based on the following factors: a) Natural Factors 1) Geology. 2) Topography 3) Hydrography 4) Generalized Soil Information and Subsurface Conditions 5) Vegetation 6) Climatic Factors b) Cultural Factors 1) Land use, Zoning 2) Traffic Accessibility of Major Streets 3) Utility Service 4) Existing Construction 5) On Site Easements 6) Historic 7) Comparative Development Costs -. S X j o G i.... �r� � � a ^r Sk N .t•. ".'y'�' 7, y 4:. i r Agreement ...;x: ARTICLE II SITE SELECTION PHASE When preliminary planning decisions regarding building arca, joint use space and site size are agreed to, the Architect shall commence the site selection phase. The intent of this phase is to examine the coi-runity arca in a broad scope contact to determine those areas or general zones of the co;- ,miry context in whicli a suitable site may be found. The end result of this phase kill be to establish a target area to be considered in more detail as containing more probable or potential sites. 1) The information to be evaluated during this phase %;ill in- clude: a) Existing and proposed major street networks, b) Existing and emerging patterns of community development, c) Zoning and land use considerations, d) Location of other city activities and facilities with strong relationship to the new facility, e) Identification of service area needs of the new facilit;. 2) After initial screening,sites with the highest potential will be evaluated in detail as prospective sites for the new facility, select(. -,j sites shall berankedin order of preference andwill be evaluated in detail based on the following factors: a) Natural Factors 1) Geology. 2) Topography 3) Hydrography 4) Generalized Soil Information and Subsurface Conditions 5) Vegetation 6) Climatic Factors b) Cultural Factors 1) Land use, Zoning 2) Traffic Accessibility of Major Streets 3) Utility Service 4) Existing Construction 5) On Site Easements 6) Historic 7) Comparative Development Costs 1) Space Relationships and Natural Features d) Economic Factors 1) Initial Land Costs 2) Long Term Operational Costs 3) Unique Costs Associated with Spec. 'Ac Site 3) The above evaluation will not include subsoil testing or graphic site concepts. A written report with recommendation will be providad. 4) When so directed by the Owner, the Architect shall prepare drawings and sketches suitable for presentation illustrating the project on a specific site. S) The City recognizes that Article III, paragraph la, b and c must be completed by the Architect prior to the commencement of the site selection phase. ARTICLE III BASIC SERVICES The Architect's basic services consists of the services described in this Article in numbered paragraphs l through 21 inclusive, and include normal structural, mechanical and electrical engineering services as follows: SCHEMATIC DESIGN PHASE 1) The Architect shall consult with the Otirner to ascertain the requirements o£ the Project in the following manner: a) Discussion with key personnel from City staff and/or others to determine locational criteria for the new facility based on types of functions that will be housed here and their needs ;in terms of efficiency and centrality with respect to the.area they serve. b) Based on the program of space needs being currently developed to establish a -minimum site size for material and equipment storage parking requirements, drives and green areas for both present and future'needs. This then forms a determination of the`size of site needed to accommodate the proposed facilitic c) From this information a set of general criteria will be established relating tosizeof site required and general `perameters for the location of that site that best serves the £unction the Central Equipment and Repair Facility is intended to'accommodate. 2) The Architect shall prepare Schematic Design Studies consisting of drawings and other documents illustrating the scale and relationship of Project components for approval by the Owner. s) The Architect shall submit to the Owner, a Statement of Probable ConStruCtion Cost, based on: current area, volume or other unit costs. .1� ' e { Vt1 -4- Agreement t c) AestheticFactors 1) Space Relationships and Natural Features d) Economic Factors 1) Initial Land Costs 2) Long Term Operational Costs 3) Unique Costs Associated with Spec. 'Ac Site 3) The above evaluation will not include subsoil testing or graphic site concepts. A written report with recommendation will be providad. 4) When so directed by the Owner, the Architect shall prepare drawings and sketches suitable for presentation illustrating the project on a specific site. S) The City recognizes that Article III, paragraph la, b and c must be completed by the Architect prior to the commencement of the site selection phase. ARTICLE III BASIC SERVICES The Architect's basic services consists of the services described in this Article in numbered paragraphs l through 21 inclusive, and include normal structural, mechanical and electrical engineering services as follows: SCHEMATIC DESIGN PHASE 1) The Architect shall consult with the Otirner to ascertain the requirements o£ the Project in the following manner: a) Discussion with key personnel from City staff and/or others to determine locational criteria for the new facility based on types of functions that will be housed here and their needs ;in terms of efficiency and centrality with respect to the.area they serve. b) Based on the program of space needs being currently developed to establish a -minimum site size for material and equipment storage parking requirements, drives and green areas for both present and future'needs. This then forms a determination of the`size of site needed to accommodate the proposed facilitic c) From this information a set of general criteria will be established relating tosizeof site required and general `perameters for the location of that site that best serves the £unction the Central Equipment and Repair Facility is intended to'accommodate. 2) The Architect shall prepare Schematic Design Studies consisting of drawings and other documents illustrating the scale and relationship of Project components for approval by the Owner. s) The Architect shall submit to the Owner, a Statement of Probable ConStruCtion Cost, based on: current area, volume or other unit costs. 4) The Architect ''shall prepare from the approved Schematic Design Studies, for approval by the Owner, the Design Development Documents, con- sisting of drawings and other documents to fix and describe the size and character of the entire Project as to structural, mechanical and electrical systems, materials and such other essentials as may be appropriate. 5) The Architect shall submit to the Owner a further Statement of Probable Construction Cost. CONSTRUCTION DOCUMENTS PHASE 6) The Architect shall prepare from the approved Design Develop- ment Documents, for approval by the Owner, Working Drawings and Specifications setting forth in detail the requirements for the construction of the entire Project, including the necessary bidding information, and shall assist in the preparation of bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and the -Contractor. 7) The Architect shall advise the Owner of any adjustments to previous Statements of Probable Construction Costs indicated by changes in requirements or general market conditions. 8) The Architect shall assist the Owner in filing the required documents for the approval of governmental authorities having jurisdiction over the Project. BIDDING OR NEGOTIATION PHASE 9) The Architect, following the Ot,mer'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 in awarding and preparing construction contracts. CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 10) The Construction Phase will commence with the award of the Construction Contract and will terminate when .final payment is made by the Owner to the Contractor 11) The Architect shall. provide Administration of the Construction Contract as set forth in said Contract and the extent of the duties and the responsibilities and the. limitations of the authority of the Architect 12)' The Architect, as the representative of the O:.ner during the Construction Phase, shall advise and consult with the Owner and all of the Owner's instructions to the Contractor shall be issued through the Architect, except as may be modified hereafter. The Architect shall have the authority to act on behalf of the Owner to the extent provided in AM Form No. 201. unless. otherwise modified in writing. 13) The Architect shall at all times have access to the 1•'ork wherever it is in preparation or progress. 14) The Architect shall make periodic visits to the site to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of -his on-site observations as an Architect, he shall endeavor to guard the Owner against defects and de- ficiencies in the Work of the Contractor. The Architect shall not be required to make exhaustive or continuous on-site inspections to cbeck the quality or quantity of the PJork. The Architect shall riot b(- for efor construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he shall not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents 15) Based on such observations at the site, as provided in para- graph 14, and on the Contractor'sApplications for Payment, the Architect shall determine the amount owing to.the Contractor and shall issue Certi- ficates for Payments in such amounts as the Contractor may be entitled to under the provisions of Chapter 573 of the Code of the State of lo:+a. The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the Architect's observations at tlic,- site and on the data comprising the Application for Paynent, that then Fork has progressed to the point indicated; that to the best of the Architect's knowledge, information and belief, the quality of the 1,4,ork is in accordance t:ith the Construction Contract Documents (subject to an evaluation of tits Work as a functioning whole upon Substantial Completion, to the results Of 'X_ h - 3f F l777777 i'a Aureement as assigned thereunder shall not be modified without the written consent of the Architect.' 12)' The Architect, as the representative of the O:.ner during the Construction Phase, shall advise and consult with the Owner and all of the Owner's instructions to the Contractor shall be issued through the Architect, except as may be modified hereafter. The Architect shall have the authority to act on behalf of the Owner to the extent provided in AM Form No. 201. unless. otherwise modified in writing. 13) The Architect shall at all times have access to the 1•'ork wherever it is in preparation or progress. 14) The Architect shall make periodic visits to the site to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of -his on-site observations as an Architect, he shall endeavor to guard the Owner against defects and de- ficiencies in the Work of the Contractor. The Architect shall not be required to make exhaustive or continuous on-site inspections to cbeck the quality or quantity of the PJork. The Architect shall riot b(- for efor construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he shall not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents 15) Based on such observations at the site, as provided in para- graph 14, and on the Contractor'sApplications for Payment, the Architect shall determine the amount owing to.the Contractor and shall issue Certi- ficates for Payments in such amounts as the Contractor may be entitled to under the provisions of Chapter 573 of the Code of the State of lo:+a. The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the Architect's observations at tlic,- site and on the data comprising the Application for Paynent, that then Fork has progressed to the point indicated; that to the best of the Architect's knowledge, information and belief, the quality of the 1,4,ork is in accordance t:ith the Construction Contract Documents (subject to an evaluation of tits Work as a functioning whole upon Substantial Completion, to the results Of any subsequent tests required by the Construction Contract Documents, to minor deviations from the Construction Contract Documents correctable prior to completion, and to any specific qualifications stated .in the Certificate for Payment); and, that the Contractor is entitled to pa;•r;ent in the amount certified, less any amounts which must be retained pursuant to the provisions of Chapter 573 of the Code of Iowa. By issuing a Certificate for Pa)-mert, the Architect shall not be deemed to represent that lie has made any examination to ascertain how and for what purpose the Contractor has used the ponies paid on account of the Contract Sum. 16)' The Architect and the Owner shall consult on the interpretations of the requirements of the Construction Contract Documents and shall also consult on all claims of the Owner or Contractor, relating; to the execution and progress of the Work or the performance under the Construction Contract, and on all other matters or questionsrelated thereto, but final decision on any of said matters shall rest in the -Owner. The Architect's decisions, however, in matters relating to artistic effect shall be final if consisic^t with the intent of the Contract Documents. 17) The Architect shall have authority to reject hork rchich does not conform to the Contract Documents. The Architect shall also have authority to require the Contractor to stop the 11ork whenever in his reasonable opinion it may be necessary for the proper performance of the Contract. The Architect shall not be liable to the Owner for the consequences of any decision made by him in good faith, either to exercise or not to exercise his authority to stop the Work, as long as the Architect in ;Laking that decision exercises that degree of knowledge, skill and ability that similarly situated Architects of ordinary ability and skill possess and exercise. 18) The Architect shall review and approve shop dras:ings, samples, and other submissions of the Contractor only for conformance with tl:e (Jc.-ign concept of the Project and for compliance with the ittforr.;ation riven in the Contract Documents. 19) The Architcct'shall prepare Change Ordcrs. Change OrJers shall become effective only after the Change nrdler has been signed try tht- Owrer's represep tative. - s � r: -7- Agreement any subsequent tests required by the Construction Contract Documents, to minor deviations from the Construction Contract Documents correctable prior to completion, and to any specific qualifications stated .in the Certificate for Payment); and, that the Contractor is entitled to pa;•r;ent in the amount certified, less any amounts which must be retained pursuant to the provisions of Chapter 573 of the Code of Iowa. By issuing a Certificate for Pa)-mert, the Architect shall not be deemed to represent that lie has made any examination to ascertain how and for what purpose the Contractor has used the ponies paid on account of the Contract Sum. 16)' The Architect and the Owner shall consult on the interpretations of the requirements of the Construction Contract Documents and shall also consult on all claims of the Owner or Contractor, relating; to the execution and progress of the Work or the performance under the Construction Contract, and on all other matters or questionsrelated thereto, but final decision on any of said matters shall rest in the -Owner. The Architect's decisions, however, in matters relating to artistic effect shall be final if consisic^t with the intent of the Contract Documents. 17) The Architect shall have authority to reject hork rchich does not conform to the Contract Documents. The Architect shall also have authority to require the Contractor to stop the 11ork whenever in his reasonable opinion it may be necessary for the proper performance of the Contract. The Architect shall not be liable to the Owner for the consequences of any decision made by him in good faith, either to exercise or not to exercise his authority to stop the Work, as long as the Architect in ;Laking that decision exercises that degree of knowledge, skill and ability that similarly situated Architects of ordinary ability and skill possess and exercise. 18) The Architect shall review and approve shop dras:ings, samples, and other submissions of the Contractor only for conformance with tl:e (Jc.-ign concept of the Project and for compliance with the ittforr.;ation riven in the Contract Documents. 19) The Architcct'shall prepare Change Ordcrs. Change OrJers shall become effective only after the Change nrdler has been signed try tht- Owrer's represep tative. Agreement , r. 20) The Architect shall conduct inspections to determine the bates of Substantial Completion and Final Completion, shall receive ritten ntces and related documents assembled by the Contractor, and shall issue a final Certificate for Payment. i 21) The Architect shall not be responsible for the acts or omissivas of the Contractor, or any Subcontractors, or any of the Contractor's or Subcontractor's agents or employees, or any other persons performing any Of the Work. 21a) The Architect will provide services to assist the Owner in planning the operation of the Project after construction is completed. Such services shall be limited to consultation with the Owner during the Planning Phase to determine the operation of the facility and the equipment necessary for said operation and to explain the operation and to explain the operation of the equipment as is necessary to commence operation of the maintenance facility. PROJECT REPRESENTATION BEYOND BASIC SERVICES 22) If more extensive representation at the site than is described under paragraphs 10 through 21a inclusive is required, and if the Owfler and the Architect agree, the Architect shall provide one or more mull or Part-time Project Representatives to assist the Architect. 23) Such Full or. Part-time Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefore as set forth in Article I, paragraph 2, subparagraph (c) of this Agreement. 24) The duties, responsibilities and limitations of authority of such Full or Part-time Project Representatives shall be agreed upon by the parties. 25) Through the on-site observations by the Full or Part-time Project Representatives of the 1,1ork in progress, the Architect shall endeavor to provide further protection for the Qwner against defects in tl-.c It'orl:, but the furnishing of such project representation shall not rake the Architect responsible for the,Contractor's failure to perform the Pork in accordance with the Contract Documents. 26) Making measured drawings of existing construction when re- quired .for planning additions or alterations thereto, 27) Revising previously approved Drawings, Specifications or other docuirents to accomplish changes not initiated by the Architect which Previous approval shall consist of the approval by the Owner of Plans, Designs or Specifications for the proposed Project, submitted in writing by the Architect. 28) Preparing Change Orders and supporting data where the change in the Basic Fee resulting from the adjusted Contract Sum is not commensurate with the Architect's.services required. A change order shall constitute additional services when it shall be a change from a Plan, Design or Speci- fication previously approved by the Owner, after submission by the Architect in writing. Such Change Orders shall be prepared only when requested by the Owner or the Owner's representative and a request in writing; by tine Owner or the Owner's representative shall be authority for the Change Order, 29) Preparing documents for alternate bids requested by the Ourer which require different Specifications or Design involving additional cost to the Architect. 30) Providing Detailed Estimates of Construction Costs, sl) Providing consultation concerning replacement of any 1`ork damaged by fire or other cause during construction, and furnishinv professional services of the type set forth in Article III as may be re- quired in connection with the replacement of such liOrk. 32) Providing professional services made necessary by the default Of the Contractor in the performance of the Construction Contract. 33) Providing Contract Administration and Observation of construction after the Contract Time has been exceeded by more than twenty percent (20%) through no fault of the Architect. 34) Furnishing the Owner a set of reproducible record paints of drawings, showing signigicant changes made during the construction proccss, based on marked up prints, drawings and other data furnished by the Cc.spzractor to the Architect 'Xa"fql x_ Agreement ADDITIONAL SERVICES 26) Making measured drawings of existing construction when re- quired .for planning additions or alterations thereto, 27) Revising previously approved Drawings, Specifications or other docuirents to accomplish changes not initiated by the Architect which Previous approval shall consist of the approval by the Owner of Plans, Designs or Specifications for the proposed Project, submitted in writing by the Architect. 28) Preparing Change Orders and supporting data where the change in the Basic Fee resulting from the adjusted Contract Sum is not commensurate with the Architect's.services required. A change order shall constitute additional services when it shall be a change from a Plan, Design or Speci- fication previously approved by the Owner, after submission by the Architect in writing. Such Change Orders shall be prepared only when requested by the Owner or the Owner's representative and a request in writing; by tine Owner or the Owner's representative shall be authority for the Change Order, 29) Preparing documents for alternate bids requested by the Ourer which require different Specifications or Design involving additional cost to the Architect. 30) Providing Detailed Estimates of Construction Costs, sl) Providing consultation concerning replacement of any 1`ork damaged by fire or other cause during construction, and furnishinv professional services of the type set forth in Article III as may be re- quired in connection with the replacement of such liOrk. 32) Providing professional services made necessary by the default Of the Contractor in the performance of the Construction Contract. 33) Providing Contract Administration and Observation of construction after the Contract Time has been exceeded by more than twenty percent (20%) through no fault of the Architect. 34) Furnishing the Owner a set of reproducible record paints of drawings, showing signigicant changes made during the construction proccss, based on marked up prints, drawings and other data furnished by the Cc.spzractor to the Architect ARTICLE IV 011MER'S RESPONSIBILITIES 1) The Owner shall provide full information regarding his re- quirements for the Project. 2) The Owner shall designate, when necessary, a representative authorized to act in his behalf with respect to the Project. Tile Owner or his representative shall examine documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's work. 3) The Owner shall furnish a Certified Land Survey of the site, giving, as applicable grades and lines of streets, alleys, pavements and adjoining property; right of ways, restrictions, casement, encroachments zoning, deed restrictions boundaries and contours of the site; 1 ' dimensions and complete data Pertaining to existing buildin}s, oth„I ;,- provements and trees; and full information concerning available service and utility lines both public and private. 4) The Owner shall furnish the services of a soils engineer, ti},en Y b such services are deemed necessar y the Architect, including reports, test borings, test pits, soil bearing values and other necessary operations for determining subsoil conditions. 5) The Owner shall furnish structural, mechanical, Che r..ical and other. laboratory tests, inspections and reports as required by Ini; or the Contract Documents. 6) The Olmer shall furnish such legal, accounting and insurance counselling services as may be .necessary for the Project, and such anditilii: services as may be required to ascertain hots or for that purpose!; the Coll - tractor has used t}te monies paid to him tinder the Construction Contract. 7) The services, information, surveys and report, rcyuireci h? paPagraphs J through G inclusive shall be furnished at the Oi,ner's -11- Agreement ^^ and the Architect shall be entitled to rely upon the accuracy thereof. S) If the Owner observes or otherwise becomes aware of any or defect in the Project or non-conformance with the Contract Documents he shall give prompt written notice thereof to the Architect. 9) The Owner shall furnish information required of him .15 cxpc•di- tiously as necessary .for the orderly progress of the Work. ARTICLE V CONSTRUCTION COSTS 1) Construction Costs, to be used as a basis for determining the Architect's Fee for all Work designed or specified by the Architect, including labor, materials, equipment and furnishings, shall be determined as follows with precedence in the order listed: 2) For completed construction, the total cost of all such perk; 3) For wort: not constructed, the lowest bona fide bid receive, from a qualified bidder for any or all of such work; or 4) For work for which bids are not received, (a) the latest Detailed Cost Estimate, or`(b) the Architect's latest Statement of Probable Construction Cost. 5) Construction Cost does not include the feel; Of the Archil^ t and consultants, the cost of the land, right-of-ways, or other costs :•:hich are the responsibility of the Owner, as provided in paragraphs 3 through 6 inclusive, of Article IV of this Agreement. 6) Labor furnished by the Owner for the Project shall be i::cl::ded in the Construction Cost at current market rates. Materials and equipment furnished by the Owner shall: be included at current market prices, except that used materials and equipment shall be included as if purchased new for the Project. 7) Statements of Probable Construction Cost and Detailed Cost Estimates prepared by the Architect represent his hest judgment as a design professional familiar with the construction industry. It is reco-nized, ho:•rc�ver, that neither the Architect nor the O:.mer has any control o%•er the cost of labor and materials or equipment, over the contractor,' me;.hod; of determining bid prices or over competitive bidding or market ctm,!itior;s. Accordingly, the Architect cannot and does not guarantee that hi�ls not vary from any Statereent-of Probable Construction Co:=t or otizr_r estimate prepared by him. s) 1:lien a fixed limit of Construction Cost is established as a condition of this Agreement, or at a later date as an amendment to this Agreement prior to the approval of the Plans and Specifications, it shall include a bidding contingency of ten percent (10%) unless another a" -Dunt is agreed upon in writing at the time. When such a fixed limit is establishel, the Architect shall be permitted to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, and to make reasonable adjustments in the scope of the Project to bring it within the fixed limits. The Architect may also include in the Contract Documents alternate bids to adjust the. Construction Cost to the fixed limit. 9) If the lowest bona fide bid, the Detailed Cost Estisate or the Statement of Probable Construction Cost exceeds such fixed limit of Construction Cost (including the bidding contingency) established as a condition of this Agreement, the Owner shall a) give irritten approvel of an increase in such fixed limit; b) authorize rebidding the Project within a reasonable time, or c) cooperate in revising the Project scope and qualit; as required to reduce the Probable Construction Cost. In the case of c} the Architect, without additional charge, shall modify the Drawings and Specifications as necessary to bring the Construction Cost within the fixed limit. The providing of this serviceshallbe the limit of the Architect's responsibility in this regard, and having done so, the Architect shall be entitled to his fees in accordance with this Agreement. ARTICLE VI DIRECT PERSONNEL EXPENSE 1) Direct Personnel Expense of employees engaged on the Project by the Architect includes architects, engineers, designers, job captains, draftsmen, specification writers and typists, in consultation, research and design, in producing Drawings, Specifications and other documents pertaining to the Project and in services during construction on the site. 2) Direct Personnel Expense :includes cost of salaries and of mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and Vacations, pensions and similar benefits. -12 Agreement <, f s) 1:lien a fixed limit of Construction Cost is established as a condition of this Agreement, or at a later date as an amendment to this Agreement prior to the approval of the Plans and Specifications, it shall include a bidding contingency of ten percent (10%) unless another a" -Dunt is agreed upon in writing at the time. When such a fixed limit is establishel, the Architect shall be permitted to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, and to make reasonable adjustments in the scope of the Project to bring it within the fixed limits. The Architect may also include in the Contract Documents alternate bids to adjust the. Construction Cost to the fixed limit. 9) If the lowest bona fide bid, the Detailed Cost Estisate or the Statement of Probable Construction Cost exceeds such fixed limit of Construction Cost (including the bidding contingency) established as a condition of this Agreement, the Owner shall a) give irritten approvel of an increase in such fixed limit; b) authorize rebidding the Project within a reasonable time, or c) cooperate in revising the Project scope and qualit; as required to reduce the Probable Construction Cost. In the case of c} the Architect, without additional charge, shall modify the Drawings and Specifications as necessary to bring the Construction Cost within the fixed limit. The providing of this serviceshallbe the limit of the Architect's responsibility in this regard, and having done so, the Architect shall be entitled to his fees in accordance with this Agreement. ARTICLE VI DIRECT PERSONNEL EXPENSE 1) Direct Personnel Expense of employees engaged on the Project by the Architect includes architects, engineers, designers, job captains, draftsmen, specification writers and typists, in consultation, research and design, in producing Drawings, Specifications and other documents pertaining to the Project and in services during construction on the site. 2) Direct Personnel Expense :includes cost of salaries and of mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and Vacations, pensions and similar benefits. } Agreement ARTICLE 11 IJ REIMBURSABLE EXPENSES 1) Reimbursable Expenses are in addition to the Ices for Basic and Additional Services and include actual expenditures made by the Architect, his employees, or his consultants in the interest of the Project for the following incidental expenses listed in the following paragraphs: 2) Expense of transportation and living when traveling in connection with the Project, for long distance calls, and telegrams for extraordinary work requested by the Owner. 3) Expense of reproduction, postage and handling of Drawings and Specifications,excluding copies for Architect's office use and duplicate sets at each phase for the Owner's review and approval; and fees paid for securing approval of.authorities-having jurisdiction over the Project. 4) If authorized in advance by the Owner, the expense of Overtime work requiring higher than regular rates; perspectives or models for the 0wner's use; and fees of special consultants for Other than normal structural, mechanical and electrical engineering services. ARTICLE VIII PAYMENTS 1) Payments on account of the Architect's Basic Services shill be made as follows: 2) Payments shall, be made monthly in proportion to services Performed to increase -the conpensation for Basic Services to the following percentages of the Basic fee at the completion of each phase of the liork— Schematic Design Phase------_--_ -------- 150 Design Development Phase ---------------- Construction Documents Phase ------------ 35;: Bidding or Negotiation Phase ------------ a -------- Construction Phase SOo ------------- 100% 3) Payments for Additional Services of the Architect as defined in paragraphs 26 through 37 inclusive, and for Reimbursable Expenses as de- fined in Article VII and for the site selection phase, shall be made monthly upon presentation of the Architect's statement of services rendered. 4) No deductions shall he made from the Architecr.'s compensation Oil account of penalty, liquidated damages or other sums withheld from ha;ments to Contractors. 5) If the Project is suspended for more than three months, or abandoned in whole or in mart, the Architect shall be paid his cor,Tnsation for services as set forth j 1 � � l •� `4 hs y 4 r x J r ;5 Article VIII, paragraph 2, performed prior to re- ceipt of written notice from the Owner of such suspension'or abandonment, to- gether with Reimbursable Expenses then due and all terminal expenses resulting from such suspension or abandonment. 6) If Dfly sum due the Architect is not paid on or before sixty (60) days from the date due and payable, the City agrees to pay interest to the Architect thereafter at the rate of seven percent (71U) per annum until the sum due is paid in full. ARTICLE IX ARCHITECT'S ACCOUNTING RECORDS Records of the Architect's Direct Personnel, Consultant and Reimbursable Expenses pertaining to the Project, and records of accounts between the Owner and the Contractor, shall be kept on a generally recognized accounting basis and shall be available to the Owner or his authorized representative at rutually convenient times. ARTICLE X TERMINATION This Agreement may be terminated by either party upon seven (7) day-, written notice, should the other party fail substantially to perform in accordance with its terms, through no fault of the other. In the event of termirarior (1 -le to the fault of other than the Architect, the Architect shall be paid his ce:npen_ sation for services performed to termination date, including iZeimbursable Expenses then due and all terminal expenses. ARTICLE XI" OMMER'S REPRESENTATIVE It is hereby understood and agreed, and the Owner, by entering into this Agreement, hereby stipulates that the Owner's representative shall be, Ray S. {tells, City Manager of the City of Iowa City, Iowa. ARTICLE XII OWNFRSHIP Drawings and Specifications, as instruments of service, are and shall remain the property of the Architect, whether the Project for which they are rade is executed or not. Said Drawings and Specifications may be used by the Owner or his representatives for reference for extension of the Project in the future. They are not to be used by the Owner on other projects, except by ayrec- ment in writing and with appropriate compensation to t:he Architect. ARTICLE XIII SUCCESSORS AND ASSIGNS The Owner and the Architect each binds himself, his partners, st1CCCSSo2:s, assigns and legal representatives, to the other party to thi; and to t!te partners, successors, assigns and !cfia1 representatives i of such other party with respect to all covenants of this.Agreement. Neither the 0i%ner nor the Architect shall assign, sublet or transFer his interest in this Agreement without the written consent of the other. ARTICLE XIV EXTENT OF AGREEMENT This Agreement represents the entire and integrated Agreement between the Owen er and the Architect, and supersedes all. prior negotiations, representations or agreements, either 'written 'or oral, This Agreement may be amended only by written instrument, signed by both the Owner and the Architect. ARTICLE XV APPLICABLE LAW Unless otherwise specified, this Agreement shall be governed by the laws of the State of Iowa. Dated at Iowa City, Iowa, this 18th day of June , A.D., 1974. CITY OF IOIvA CITY, IOIVA By: Attest: :/j City Clerk i HANSEN LIND MEYER, INC. By: By: y 1 of such other party with respect to all covenants of this.Agreement. Neither the 0i%ner nor the Architect shall assign, sublet or transFer his interest in this Agreement without the written consent of the other. ARTICLE XIV EXTENT OF AGREEMENT This Agreement represents the entire and integrated Agreement between the Owen er and the Architect, and supersedes all. prior negotiations, representations or agreements, either 'written 'or oral, This Agreement may be amended only by written instrument, signed by both the Owner and the Architect. ARTICLE XV APPLICABLE LAW Unless otherwise specified, this Agreement shall be governed by the laws of the State of Iowa. Dated at Iowa City, Iowa, this 18th day of June , A.D., 1974. CITY OF IOIvA CITY, IOIVA By: Attest: :/j City Clerk i HANSEN LIND MEYER, INC. By: By: - F X R, i^{r F .N 7•a f� i t t w a S tiL ' RESOLUTION N0. 7 4' 2 3 3 i RESOL UTION AUTHORI2INGrEXECUTION OF CONTRACT WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with Powers -Willis &Associates a copy of said contract being attached to this Resolution and by this reference made apart hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract, for design of Veterans Administration Hospital Entrance Project. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL. 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement with Powers-WillisAssociates Consulting Engr 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting some. It was moved by dt and seconded b the Resolution be adopted, and'upon roll call there were:iraPrnS that AYES: NAYS: ABSENT: X Brandt XXMM Davidsen Czarnecki HOOMMMM White' Passed and approved thisi$_ t day of June 74 19 ATTEST: Mayor City C1`erk ",'t �v 's. `.iih -fy:.."' 7.y�. , � ✓ fi .,s -..�s <. t �:.` !- �. �"�`:s `t 5 _ ,_� z ai _ ' o a , . (` awl 6�V� 5 f L /fit+ j j Y j v Y nCREEMEN r This Agreement, made and entered into this ISth day of__,1i,,�, 19 74, by and between the City of Iowa City, a municipal corporation, referred to as the City and hereinafter - and -Powers-Willis _As -sor; at ca _ doing business as_ Consul t i with main ngn9-inecr_s offices at Iowa'City. Iowa hereinafter Consultant. referred to as the NO -W THE EioRr, it is hereby agreed by and between the parties hereto that the City does hereby retain and employ the said Consultant to act for and represent it in all engineering matters :involved in the terms of this Agreement. Such contract of employment to be subject to the follo:ainE terms and conditions and stipulations, to wit: l) Consultant shall not commit any of the following employment: practices and agrees to prohibit the following practices in any subcontracts, a) To discharge from employment or refuse to hire any individual because of his race, color, religion or national origin. b) To discriminateagainst any individual in terms, conditions or privileges of employment because of his race, color, religion or national origin. 2) The Consultant shall assist in the preparation of notice to contractors and shall provide assistance in. the preparation of plans and specifications for prospective bidders, if any construction be the end product of this Agreement. It is further agreed that the end product of this Agreement shall be determined'at the time of signing of this Agreement - and entered hereon. The end product of this Agreement is agreed to be and include, to -wit: The preparation of plans showing the,elevation cross section and other appropriate design criteria along with a preliminary cost estimate for review by the Iona State Ilighway Commission and the City of Iowa City, for the re- construction of the entrance at the Veterans Administration llospi.tal and Highway x218. This project will include channelization, widening and a retaining wall but will not include traffic signals. Agreement—, - 3) The City shall`provicle the: services of a competenL"attorney, experienced in legal matters:pertainin to the t ' $ :ype of work required.Uy:the;.Project._The Consultant 'shall :cooperate and assist said attorney `and shall comply with all- reasonable requests made by "'said attorney during the course of discharge of his duties as attorney for the City. fit) The Consultant shall complete and furnish plans for -approval within 45 days from the above date this 'Agreement is entered into. 1-11 c consultant shall be ready for advertising for bids within 15 days after an acceptable plan has been approved by the City. S) Should the City abandon the Project before the Consultant shall complete the work contemplated by this Agreement, said Consultant shall be paid on the basis of direct hourly rates as herein attached for the various classes of personnel actively engaged on the project for all work completed and for all work and services performed up to the time of termination. It is further agreed that upon 30 days notice, either party may terminate this Agreement, but such termination does not indicate or release either party from any rights or legal actions they may have as a result of such termination. 6) This Agreement and each and every portion thereof shall be hi i,di:,,; upon the successors and the assigns of the parties hereto. Provided, howe:•E-r, tez:t no assignment shall be made without the written consent of all parties to said Agreement. 7) It is understood and agreed that the employment of the Consultant by the City for the purposes of said Project shall be exclusive, but the Consultant shall have the right to employ such assistants:as may be required for the performance of the Project. Said Consultant shall be responsible for tate compensation, insurance and all clerical detail involved in their employment. 8) The Consultant, upon request of the City, hereby agrees to furnish a resident project representative in order to provide more extensive representation at the Project site during the construction phase. Upon completion of any construction, said Consultant shall furnish said City with a complete set of plans showing the final construction as recorded by the Consultant's resident project representative. Said plans shall be mylar sepia and shall become the property of the City. Should the City perform the resident en-ineerilt-, Lhu Consultant shall furnish the original tracinos as aforementioned except the Cit} Will make the necessary changes to reflect the project as constructed. through the more_continuous on-site observations O the wort; in progre_s a.d field checks of materials and equipment ,by the Resident Project 1:epresetetrczs (il ons is I to be furnished) tite Consultant will endeavor to provide further protection for the City against defects aid deficiencies ill the. work, hitt tlt(� iurniniting of site[! resident }project representation shall not: make Lhe Cotl;:ultant re::iJ. nsi.ble for Lite Contractor's failure to per the conr.t-rilet-ion work: in acr.',;-flance with the Contract Documents. agreement t- .: 9) TheConsultant agrees to 'furnish an y%resident.. ell by the City, in accordance-zY1tlt,the above detazledouLlinelof~Lheg Celled for Resident-enginearzngshall;zncluile: Project. a) Setting of lines and grades as construction J,rocG^ecis. b) Keeping a daily record or log of the contractor's acti•v•r' throughout construction of the Project, the and cost of an ,_ 1-zcs y extra work.. An en -ikons on t}lc nature! Engineer prior to commencin • e extra work will be ,'tuthori.7od by tht! City S the t•�orlc. c) Supervision of inspectors, proportioning engineers nn.d other technical personnel. d) Revision of contract drawings to show location and n2turu of improvements as actually constructed. C) Reviewing and checking all reports by testing laboratoricns on equipment and materials tested. f) Such additional services as Lhe said Project. City may request illrelatio,t on 10) Consultant further agrees to furnish the City with a list of r11i employment positions expected to be required to perform residattt cr:= pursuant to this Agreement including the hour], f>int:ering rate oL' pay bud;,Lted for such employment. } 11) It is agreed by the City that all records and files p,.rtai.ning to information needed for said Project will be made available b request of the Consultant. The •City further agrees to furnish all City`reasUpon assistance in thnable e use of these records and files. y said City upon 12) It is further agreed that no nor,will perform contrary to an Party to this Agreement w-111 be required, Ordinances of the Cit* y State, Federal or County law or any oC the } of Iowa City, Iowa. 13) orscope further agreed that in the event of any disa meaning pe o� this Ag grcement as to the Agreement that cannot be Worked out 1:0 tilt! satisfaction of -both parties concerned, the disagreement shill.] Ltr c :.c rred t- a three member Arbitration Panel with one member selected by the_ e Ci. „ t selected by the Consultant and' the third to be .selected by Each part Will be }'> l-ec } finally and fully th two rbitrecs. Panel and said panel shall have full authority to allocate the costs y the deci;:ion of the Arbitration Or arbitration bet ..^. ween the parties. Nothing herein shall be construed az; =. ucl1 preventing subsegment appeal to a Court of law from the decision of the Arbiters but such costs and expenses of said appeal shall be borne by the appealing party. �4) The Consultant shall assist and where reasonably attorney for the City or the 'rianager of the Cit be Tequxred b } t tt preparation of, letting or analysis of contracts�dealingSeithsa for any Any requirements made by the above; named representatives of the?Citid lr��ect_ be given with reasonable time to appraise the Consultant so that City shall attend. Such requests shall be made in writing to the Consultant. 15) Said Consultant shall exercise general services in the a(1mlni':tration Of all construction contemplated by the Project. 16) The Consultant agrees to furnishA•rcr and upon demand b.- the City, copies , upon termination of this of all basic survey notes and Agrer-mrnC i, charts, computation; and any other data Pursuant to this Agreement prepared or obtained by the Con:t%ltant ree;n�nt, without the cost and without restriction 01 tat:ion as to their use. ]7) Consultant agrees to furnish all plans of engineeri.n.; with the :;e:11 of a P_,-_0 . sional en<.i n_er affixed thereto where: such seal is required by 7. sec ii 18) `the accordance with the scheduletthatrfollowse. ,CC xceult:antalal. f^ �e and money in to satisfactorily perform 'an accordance c?xtli this' lgreenenCrsh llLc1oces - r iue grounds for the City y Consultatr` COMP1 to withhold payment in' an amount emeatci_ettt tc , Lt_uta p_ete the Project inaccordancewith this Agreement. 1 roperly 19) Should any section of this contract be found to be i.nvalict a.greed that all other sections shall remain in full force a though severable from the it part invalid, and cfEcct ;u: 20) The City agrees that should said basic Project as describe City require an el Proved b t d Iterein,. after the } ch:uci;r, i.n rh y the City,: the City will a Plans and specificaticrc:c haw been Itvur?y rates as an herein attac,lecl for the various e,, of t on the perba!;L- tctdirect • e"ga`;ecl on the �.• ., project. Said changes, after said final } in a written Agreement signed by all approval to L-, is R Parties or the' PI rel btain� de crib+? P--ra w ra' A reeme nt. Said AQent their represenLati.�•c - thaL are to `LJisnctly refer understood to this Aoreement�andntincorporatchsnges slcall do 'rt Liui tci}' and that changes" me by a reference thereit,,. or intent of the P g is defined to mean a basic cllanc;re in the ccescri LP" -on roject as hereinbefore described. �' _o 21) The City further agrees that should said Cit date beyond the date specified herein, the Consultant shall be onti.t: receive his actual costs incurred beyond } ealC11d the completion 3ond such limit. 1cd Co 22) Actual cost for the purpose of this contract shall be defitced materials cost, plus actual payroll cost-, social security Said Consultant shall upon as thereof. P n demaad, furnish receipts therefore ror�certified remEtnt d`tCt^qf; CUpyes 23) All traveling expense incurred while specifically dealinf, Project by the Consultant shall be paid by the Cil Consultant shall, upon demand, furnish receipts therefore or certiCicSnid '" City at actual co:,l.'. Sitid thereof. pie, 24) The City hereby agrees t -o pay for the services Stipulated Itr:r.ci basis of the following fees: n cI., 1 h e a. For su",eys, Plans and specifications and general servicers cl,cln,. constrc.tction, but e-rcluding resident supervision a,cd i.nslr.:ct ;,:❑ ' sub -surface exploration, traffic Onneer right-of-way, a:percentage' o£ const -ruction cost`cinCrtccordanC<. �., the following schedule: ith First $50,000.00 of construction cost Next $150,000.00' of construction cost ....... 11` Next $300,000.00 of construction cost 8-1/211Next $500,000,00 of construction cost 71 Over $1,000.000.00 of construction cost. S-1/2� Construction cost is defined as the total cost of the Project exclusive of. the cost of engineering, legal service, land Of -way and overhead of Owner. and rig;tt_ b. For resident supervision inspection and land surveys, a fee hz::ed upon 2.2 times the direct personnel payroll expense. All fceh ,;cd Will he based on actual Cost-* by the Engineer. .,...[tom C CC[ ICRL.. :., .. �•-i ' J i 1 5( C 4 t'Sk i � 2G3 1 e^.' S 4 •� ti 25) PAY.tEVT The' fee shaZZ be due =and ? r 1 p yaUle as follows. a. Duran p p g pre aration«oE lans,and specifications and progress,. the a sura .equal. to ei tit proportionately with computed on tlie'estimated constructionycosL' accordi0n,)tof ttic basic fee above, invoiced monthly. R para.: a;;t "243,l b- Upon presentation of completed plans and specifications a ninety per cent (90y,) of the basic fee computed On Lhe este CSU -mated to Construction cost according to paragraph "2l+a" above, less all ar:v„t,E previously paid. c. Upon final completion and acceptance of the work Lila balance of the basic fee consisting of the total 'basic fee computed on actual cOnstruccion cost according to paragraph 1124at' above, less all mounts previously paid. d. Fees for resident supervision will be billed anayalesum due Che Consultant is not paid on or beforecisixtyE�(60)onchda)'lyf.ro f Lhany e date due and payable, the City agrees to pay interest to tii� i:n�,ineNxs thereafter at the, rate of seven per cent- (7j,) per annum uliLil Lhe sum due is paid in full. 26) All provisions of this Agreement where not specifically defined otha�wisE. shall be reconciled in accordance with the highest ideals of the engineering profession and the Code oI'Fthics, therefore , as set forth in the 1972 Suggested Guide for the .Selection and Com Compensation of Consultin En published b fi.. Engineers and Land Sun eyo; s Y,the Iowa En. p- _._ ----- ----oineering Society_ -- The undersigned do hereby covenant and state that this contract is executed in triplicate as though each were an original and that there are no oral agree-ments that have not been reduced to writine in this instrument. It is further covenant and stated that there are no other considerations or monies contingent upon or resulting from the execution of this have any of the above been implied by or for any party to this Anor —;rus,r.:•n _, FOR THE CITY: Mayor, jtit,/ of Attest:. City Cleric City FOR THE CONSULTt NT: Executive Vice President WHEREAS, it is deemed that certain changes in the plana and specifications are necessary due to construction changes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the contract dated July 2, 1973 entered into by the City of Iowa City and Burger Construction Co. for the construction of the remodeling of the Civic Center should be decreased as follows: A. Adjustments to Finish Hardware & Drapery (593.10) B. Removal of Floor Outlets Add 120.00 Total Deduction $(873.10) 2. That the Mayor and City Clerk are hereby authorized and directed to execute an amendment to said contract incorporating the above amendments. It was moved by Brandt resolution as read be adopted, AYES: NAYS: ABSENT: X X X X X and seconded by White that the and upon roll call there were: Brandt Czarnecki Davidsen deProsse White Passed and approved this 18th day of June 1974 / ATTEST:Mayor City C ORDER CONTRACTOR ` i Alii DOCUMENT 6701 `FIELD OTHER PROJECT: Civic Center Remodeling (name, address) 410 E. Washington St. I TO (Contractor) Iowa City, Iowa [—Attn: Dick Burger Burger Construction Co. P.O. Box 1089 Iowa City Iowa CHANCE ORDER NUMBER: 17 ARCHITECT'S PROJECT NO: 7301 CONTRACT FOR: Complete Remodeling L J CONTRACT DATE: July 2, 1973 You are directed to make the following changes in this Contract: Remove and blank over approximately ten floor outlets installed as per plan and specifications for the Civic Center Remodeling. The original Contract Sum was . . . . . . . . . . . . . . . . . . . ! Net change by previous Change Orders . . . . . . . . . . . . . . . . The Contract Sum prior to this Change Order was . . . . . . . . . . . . . The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order . The new Contract Sum including this Change Order will be . . . . . . . . . The Contract Time will be (increased) (decreased) (unchanged) by The Date of Completion as of the date of this Change Order therefore is William Nowysz & Asso. 11169"112 E. W_ashi ton St. Addres4 j -- I o Za ZA1.v DATE A SO Burger Construction Co TITY"TTh 10 89 — --- Address Iowa City, Iowa DATE AIA DOCUMENT G701 ' CHANGE ORDER ..APRIL 1970 EDITION • AIA19 . 0) 1970 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N\V, WASHINGTON, D.C. 20006 ADD: 120.00 S 183,850.00 S +18,980.19 5 202,830.19 S 120.00 s 202,950.19 ( ) Days. Ci ty of Iowa Ci ty off%'NFR - --- owa City, Iowa Addrvs, O1i PAC;£ PROJECT: Civic Center Remodeling (name, address) 410 E. Washington St. Iowa City, Iowa TO (Contractor) Attn: Dick Burger Burger Construction Co. P.O. Box 1089 Iow C't I CHANGE ORDER NUN'113ER: 16 ARCHITECT'S PROJ[C1 NO: 7301 CONTRACT FOR: Complete Re mo de l i n o L a T y, ow a _] CONTRACT DATE: July 2, 1 9 7 3 You are directed to make the following changes in this Contract: Adjustments to Finish Hardware allowance and Drapery allowance: Finish Hardware - (expended) $2,316.27 Drapery Allowance - (expended) $8,690.63 Credit $683. 73 Credit $309.37 TOTAL DEDUCT $993.10 The original Contract Sum was . . . . . . . . . . . . . . . . . . Net change by previous Change Orders . . . . . . . . . . . . . . . The Contract Sum prior to this Change Order was . . . . . . . . . . . . The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order The new Contract Sum including this Change Order will be . . . . . . . . The Contract Time will be (increased) (decreased) (unchanged) by The Date of Completion as of the date of this Change Order therefore is William Nowysz & Asso. g -t-o. LL$ t_ ress Dn_r Burger Construction C ,NTRACTOR - Address Iowa _City . I ow DATr b 183,850.00 S +1',,191.19 c 198,041.19 $ -993.10 c 197,048.09 t Co . Ci ty of o ti'Nt K _ _ J_Qwa, C1 t Addres% DATE AIA DOCUMENT G701 . CHANGE ORDER • APRIL 1970 EDITION • AIAs • D 1970 • 1HE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N\V, WASHINGTON, D.C. 2000(1 I OW d C i ty ,v, Iowa OPi Y�f.! y� ,j sY�-wt a CHAN(E OWNER := • " ARCHITECT ORDER .-CONTRACTOR FIELD' AIA DOCUMENT G701 OTHER PROJECT: Civic Center Remodeling (name, address) 410 E. Washington St. Iowa City, Iowa TO (Contractor) Attn: Dick Burger Burger Construction Co. P.O. Box 1089 Iow C't I CHANGE ORDER NUN'113ER: 16 ARCHITECT'S PROJ[C1 NO: 7301 CONTRACT FOR: Complete Re mo de l i n o L a T y, ow a _] CONTRACT DATE: July 2, 1 9 7 3 You are directed to make the following changes in this Contract: Adjustments to Finish Hardware allowance and Drapery allowance: Finish Hardware - (expended) $2,316.27 Drapery Allowance - (expended) $8,690.63 Credit $683. 73 Credit $309.37 TOTAL DEDUCT $993.10 The original Contract Sum was . . . . . . . . . . . . . . . . . . Net change by previous Change Orders . . . . . . . . . . . . . . . The Contract Sum prior to this Change Order was . . . . . . . . . . . . The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order The new Contract Sum including this Change Order will be . . . . . . . . The Contract Time will be (increased) (decreased) (unchanged) by The Date of Completion as of the date of this Change Order therefore is William Nowysz & Asso. g -t-o. LL$ t_ ress Dn_r Burger Construction C ,NTRACTOR - Address Iowa _City . I ow DATr b 183,850.00 S +1',,191.19 c 198,041.19 $ -993.10 c 197,048.09 t Co . Ci ty of o ti'Nt K _ _ J_Qwa, C1 t Addres% DATE AIA DOCUMENT G701 . CHANGE ORDER • APRIL 1970 EDITION • AIAs • D 1970 • 1HE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N\V, WASHINGTON, D.C. 2000(1 I OW d C i ty ,v, Iowa OPi Y�f.! Notice is hereby given that the City of Iowa City proposes to rezone from RlA R3A , the following described property to -wit: The north 465.0 feet of the SEh of the NE]s of the NE', of section 4, township 79 north, range 6 west of the Fifth P.M., Johnson County, Iowa as requested by Amerex Corporation, 660' X 465' tract of land located north and south of Haywood Drive and west of Laura Drive Notice is further given that pursuant to Section 414.4 of the 1971 Code of Iowa, a hearing by the City Council of Iowa City, Iowa, on the said proposed rezoning will be held at the CQugcil Chambers in the City Hall of Iowa City, Iowa, at 7:30 PM on June 1 th � 19 /4 , and any person having objections to said proposed action may appear and file objections at said hearing. Dated at Iowa City, Iowa this 22nd day of May , 19 74 City Clerk Publish once 9 May 30th 19 74 r v v'+ c c.• _ O IA .+ S S 0 .. �! k-n ... lD. 1 _ O WHEREAS. the Ordinances of the City of Iowa City, Iowa, allow the City Council to prohibit parking by resolution on designated streets, and, WHEREAS, parking on F Highway 6 By - the City Council deems it in the public interest to prohibit irst Avenue as realigned, between Bradford Street and ass NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1) That parking is hereby prohibited at all times, on both sides of First Avenue as realigned, between Bradford Street and Highway 6 Bypass. 2) That the City Manager is hereby authorized and directed to cause appropriate signs to be posted to effectuate the provisions of this Resolution. It was moved by deProsse and seconded by White that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X x Brandt CbdUWM Davidsen Czarnecki x Hlekoe*M deProsse x White Passed and approved this 18thday of ATTEST: City Clerk June 74 19 RESOLUTION NO. 74-236 RESOLUTION WHEREAS, Stanley Cross, the owner thereof, has filed application for approval of a re -subdivision of part of Lots 1 and 2, and all of Lots 3 and 4, Block 30, East Iowa City, Johnson County, Iowa, and has also filed a plat thereof, and WHEREAS, said application has been approved by the Planning and Zoning Commission of Iowa City, Iowa, and said Commission has recommended approval thereof by the City Council, and WHEREAS, all requirements of the ordinances of the City of Iowa City and the laws of the State of Iowa have now been satisfied and performed by said owner, and WHEREAS, said real estate is owned by the owner and dedication has been made with his consent. BE IT RESOLVED by the City Council of Iowa City, Iowa, that the approved plat and re -subdivision are hereby approved and dedication is hereby accepted. BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is authorized and directed to certify and forward a copy of this resolution to the County Recorder of Johnson County, Iowa. were entered: Name Ave Nav Brandt x Czarnecki X Davidsen _ de Pros se _x White The foregoing resolution was adopted upon the roll call vote set forth above at a regular meeting of the City Council of Iowa City, Iowa, held on the 18th day of June, 1974. Mayo ATTEST: City Clerk,' IN P A", " r4 7 F i✓( y h :4 li h i ♦ c Iowa-City,Iowa, June 18 , 1974 The Council of Iowa City, Iowa, met on the above date, in regular session, pursuant to law and the rules of said Council and in accordance with the terms of a notice of meeting, a. copy of which was served on each member of the Council within the time required by law and accepted in'writing by,each.member thereof, said Notice of Meeting'being'as follows: NOTICE Iowa City, Iowa, June 18 1974 TO: Brandt, Czarnecki, Davidsen, deProsse, White €Council Members Iowa City, Iowa You are hereby notified that a meeting of the Council of Iowa City, Iowa, will be held on. the 18th day of -June `, 197,4,. -at the,-_-;CivicCenter in Iowa City,.Iowa,:at 7:30 o'clock P. M., for the purpose of adopting a�Resolution'Directing the Advertisement for Sale of $40b.000.00 Street Construction Bonds and Fixing a Date for Hearing on the Issuance Thereof, and for such other business -in connection therewith as may come before -the meeting. Respe ful'�lysubmitted, AHLERB y ra�s,r fit a c yip i a The meeting was called to order by Edgar Czarnecki Mayor, and on roll call the following Council members were present: Brandt, Czarnecki, Davidsen, deProsse, White Absent: None Council Member Brandt introduced the following Resolution entitled ;"RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF,$4001000.00 STREET CONSTRUCTION BONDS AND FIXING A DATE FOR HEARING ON THE ISSUANCE THEREOF" and moved its adoption. Council Member Davidsen seconded -the motion- to adopt The roll was called and the vote' -was, .•AYESx Brandt Czarnecki Davidsen deProsse, White NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: The meeting was called to order by Edgar Czarnecki Mayor, and on roll call the following Council members were present: Brandt, Czarnecki, Davidsen, deProsse, White Absent: None Council Member Brandt introduced the following Resolution entitled ;"RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF,$4001000.00 STREET CONSTRUCTION BONDS AND FIXING A DATE FOR HEARING ON THE ISSUANCE THEREOF" and moved its adoption. Council Member Davidsen seconded -the motion- to adopt The roll was called and the vote' -was, .•AYESx Brandt Czarnecki Davidsen deProsse, White NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 7.4-237 RESOLUTION DIRECTING_.THE ADVERTISE- MENT FOR' `SALE -OF $4001000.00 STREET CONSTRUCTION BONDS, AND' FIXING�A -DATE FOR._HEARING-ON'THE ISSUANCE THEREOF WHEREAS, the City of Iowa City, Iowa, has entered into contracts forthe construction of street improvements including traffic control'debices,`and it is necessary at this time that said Municipality issue its general obligation Street Construction Bonds 'for the purpose of providing funds to pay a part of the cost of.'said improvements; and WHEREAS,.before said Street Construction Bonds, in the total amount of $400,000.00;,may be issued and sold, it is necessary to.hold-a public hearing on the issuance thereof and to advertise a public,sale-therefor: NOW, THEREFORE, BE IT --RE SOLVED_BY:.THE CITY COUNCIL OF THE CITY OF'IOWA CITY:, IOWA: That there be offered.at public sale pursuant to advertisement as required by law,. $4001-000.00 Street Construction Bonds,;to be dated August 11 1974. BE IT FURTHER`RESOLVED, that the:Clerk is hereby directed to publish notice of .sale of .said'bonds'for two successive weeks in theIowa City 'Press Citizen a legal newspaperV printed wholly in he English language, published in the City of.Iowa'City, County of Johnson, State of Iowa, such -,newspaper being located in the County where the bonds are to be offered for sale, said notice to state that this Council on the 11th day of July 1974; at 12:00 o'clock noon xXX., will hold a meeting to`receive and act upon bids for said bonds;_said notice -to be in substantially the following form: AHLERS. COC . DES MOINES. IOWA Ca-r t S T 5 T �P yq4 1 3 a .4 RESOLUTION NO. 7.4-237 RESOLUTION DIRECTING_.THE ADVERTISE- MENT FOR' `SALE -OF $4001000.00 STREET CONSTRUCTION BONDS, AND' FIXING�A -DATE FOR._HEARING-ON'THE ISSUANCE THEREOF WHEREAS, the City of Iowa City, Iowa, has entered into contracts forthe construction of street improvements including traffic control'debices,`and it is necessary at this time that said Municipality issue its general obligation Street Construction Bonds 'for the purpose of providing funds to pay a part of the cost of.'said improvements; and WHEREAS,.before said Street Construction Bonds, in the total amount of $400,000.00;,may be issued and sold, it is necessary to.hold-a public hearing on the issuance thereof and to advertise a public,sale-therefor: NOW, THEREFORE, BE IT --RE SOLVED_BY:.THE CITY COUNCIL OF THE CITY OF'IOWA CITY:, IOWA: That there be offered.at public sale pursuant to advertisement as required by law,. $4001-000.00 Street Construction Bonds,;to be dated August 11 1974. BE IT FURTHER`RESOLVED, that the:Clerk is hereby directed to publish notice of .sale of .said'bonds'for two successive weeks in theIowa City 'Press Citizen a legal newspaperV printed wholly in he English language, published in the City of.Iowa'City, County of Johnson, State of Iowa, such -,newspaper being located in the County where the bonds are to be offered for sale, said notice to state that this Council on the 11th day of July 1974; at 12:00 o'clock noon xXX., will hold a meeting to`receive and act upon bids for said bonds;_said notice -to be in substantially the following form: AHLERS. COC . DES MOINES. IOWA 1 4 OFFICIAL NOTICE OF SALE CITY OF 'IOWA CITY, IOWA STREET;CONSTRUCTION.BONDS Sealed bids -will be received until 12:00 o'clock Noon, on the llth day,of.,7uly, 1974, at -the office of the City Manager in the 'Civic Center, Iowa City, Iowa, for the purchase of $400,000.00 Street.Construction Bonds of the City of Iowa City,j:Iowa,'at which time such bids will be referred to the City Council of Isaid City at>'its meeting to be then held at the Council Chambers in.the Civic Center in said City. Open bidding will be concluded not later than 12:30 o'clock P.M., and, after the=best open bid has been determined, the sealed bids will be publicly opened and the bonds will be sold to the highest bidder for `cash. Sealed bids will be fully protected. STREET CONSTRUCTION BONDS, in the principal amount of $400,000.00 .to be dated August 1, 1974, in the denomination of $5,000:00 each, and, -to mature as'follows: $100,000.00 on May 1, 1976 $100"000.00 on.May 1,.1977 $1004,000.m pn May 1,_'1978 $10.0,000.00. on May 1, 1979 Said bonds will bear; interest payable May 1, 1975, and semiannually,thereafter'and will be 'registrable as to principal only. None of said bonds will be.optional for redemption prior to maturity. _Both principal and interest will be payable atthe office_; J3 jvv� j., bank or trust,.company:in,, ' the,,,Cit 'of Chicago, Illinois or Des Moines: . City'of F. Iowa..without expense- to the Purchaser. Should delivery be delayed.beyond sixty (60) days from date of sale for any reason*-_withoutthe fault of the City, or except failure of performance' -by, the Purchaser, the Purchaser may withdraw his check and thereafter his interest in and liability for�'the bonds will cease. When the bonds are ready for delivery, thefC I ity will give the successful bidder five (5) days'_.noticeof"the delivery date and the City will expect payment in -,'full in immediately available funds on that date, otherwise,reservihg the right at its Option to determine,that .the bidder has failed to comply with his Offer.of purchase, The City will furnish the printed bonds,_andthe*approving .opinion of Messrs. Ahlers, ,, Cooney, Dorwei-lerAllbee &.Haynid, Lawyers, Des Moines, Iowa, together -,with th-e-.transcript and usual closing papers, including non -litigation certificate. Said Opinion will be printed on th6_'bonds and`will recite that, based on existing statutes, and decisions,, interest on said bonds is exempt from l present income.taxes. Each bidder must furnish -a separate,certified ,certified or:cashier's check drawn on a solvent state or national bank or trust company as bid security in the amount of $8,000.00 payable to the order of the City Treas'urer,.of said City as a guarantee of good faith, this amount to be retained pending full performance by the successfuj:.bidder and to be forfeited to the Cit as agreed liquidated damages upon failure y of the purchaser to take upand pay for the -bonds-when ready in accordance with . his bid, which must be reduced to'writing on the Official Bid Form. The City -Council reserves the right to waive informalities in any bid, to reject any or all . bids and to determine in its sole discretion the be st bid. The City'couhcil has :authorized the preparation of an Official Statement conta-inin4:,pertinent information relative to the City. For copies, of� I -that:,Statement and the 1 information, any prospective Bid Form, or for any additional Official purchaser is referred. -to J. B. Pugh., I Jr., Director of Finance at.the.-CjVic Center, I - Iowa City, Iowa, or the Municipal Finance consultants.of.,the City, Paul D. Speer & Associates, Inc.,, 20 North:Wacker Drive, Chicago, Illinois 60606. Telephone: Area 312 - 346-0858. By order of the City Council of the City of Iowa City, Iowa. tWEILER, A a& HA' A I WYERS. DES MOINES. IOWA BE IT FURTHER RESOLVED, that at said time and place hereinbefore fixed for the sale of said bonds, this Council will holda public hearing on the matter of the issuance of $4001000 -00 -Street Construction Bonds, at which time and place thee-Councii will hear, any objections offered to the Municipality's issuance thereof, and the Clerk is hereby directedto publish notice of the issuance of said bonds, said notice to be published once at least ten days prior to the date fixed for said ,hearing... PASSED AND APPROVED, this 18t], day of June 1974. Mayor ATTEST:, I I KD rJ 71 BE IT FURTHER RESOLVED, that at said time and place hereinbefore fixed for the sale of said bonds, this Council will holda public hearing on the matter of the issuance of $4001000 -00 -Street Construction Bonds, at which time and place thee-Councii will hear, any objections offered to the Municipality's issuance thereof, and the Clerk is hereby directedto publish notice of the issuance of said bonds, said notice to be published once at least ten days prior to the date fixed for said ,hearing... PASSED AND APPROVED, this 18t], day of June 1974. Mayor ATTEST:, I I KD rJ BE IT FURTHER RESOLVED, that at said time and place hereinbefore fixed for the sale of said bonds, this Council will holda public hearing on the matter of the issuance of $4001000 -00 -Street Construction Bonds, at which time and place thee-Councii will hear, any objections offered to the Municipality's issuance thereof, and the Clerk is hereby directedto publish notice of the issuance of said bonds, said notice to be published once at least ten days prior to the date fixed for said ,hearing... PASSED AND APPROVED, this 18t], day of June 1974. Mayor ATTEST:, I I `Zr "`� 3h3h. 5�,''t s:. i'y gi y. NOTICE oF1 HEARING ON ISSUANCE OF $400f"000.00 STREET CONSTRUCTION BONDS OF -,THE CITY OF IOWA CITY, IOWA Notice is"hereby given that in the Council Chambers in the Civic Center, at 7;30 o'clock P.M. on the 9Lh day of July , 1974, the Council of Iowa City, Iowa, will hold`a hearing on the matter of the issuance of $400,000.00 Street Construction Bonds for the purpose of defraying a part of the cost of constructing street improvements including','traffic control devices under contracts heretofore awarded. At any time prior to the date fixed for said hearing petitions may be filed as provided for by Chapter 23 of the Code of Iowa, 1973. This notice is given by order of the Council of the City of Iowa :City, Iowa. =7 AHLERB COONEY DOI Ei HAYNIE, LAWYERS DES MOINES. IOWA :'f+ h,`� DATE: June 17, 1974 TO: Members of the City Council FROM: Ray S. Wells, City Manager RE: Functional Consolidation of City -County Police Communications & Detention Facilities The attached draft copy is excerpted from a proposed grant application that has been proposed by our Public Safety personnel working in close cooperation with the .Johnson County Sheriff. Council may recall that the original efforts to analyze possibilities for feasible functional consolidation of local public safety operations commenced over a year ago. That effort has proceeded on a continuing basis and is now the subject for attention of the Johnson_County Regional Planning Commission (Justice $ Human Relations Committee) and the East Central Iowa Regional Crime Commi- ssion. Several formal studies and potential grant applications are now in process. The particular application suggested at this time is not deemed to be in dis- harmony with any future programs for coordinated services. In fact, the proposed application would serve as a focal point for the advocacy of continued efforts to this end. The recommended grant, if approved, would constitute phase one of a series of phases designed to implement a long-range goal of complete functional consolidation of those areas of public safety which have a commonalty with all local agencies pres- ently responsible for the safety and protection of the Johnson County population. Council approval of the concept at this point would allow the staff to proceed to submit a refined application to the Johnson County Regional Planning Commission. State and regional officials have indicated that early funding is a definite possi- bility in that certain funds earmarked for local cooperative communication efforts are available for distribution before July, 1974. CITY - COUNTY COMBINED DISPATCH AND JAIL OPERATIONS DRAFT COPY -- REVISED 9-29-73 The basic concept involved in combined dispatch operations is to promote more efficient public safety communications throughout Johnson County, and hopefully realize some economies in such operations. The facility envisioned would permit handling county -wide public safet related communications from one location, y emergency telephone number as soon as it can hbes�mtl imem plemented utilize the 911 changes as possible throughout the count p nted for as many ex- uld efficient arrangement than a hotline transfer hfrom othe be a more suitable and Police Department to the Sheriff's Department. Implementation of the dispatch center would come about by Johnson Count The City of Iowa City, and the Cit y' under Chapter 28E for the joint exersiseooflvover ille entering into an agreement specific working agreement for such functions. powers, along with a A communications center would be established at the Sheriff's Office. Dispatch operations at the Iowa City Police Department would be tran to the communications center at the Sheriff's Office, sferred The lockup at the Iowa City Police Department would be discontinued wi Prisoners being booked directly at the county jail.th all Specific points in this proposal include: I• PHYSICAL FACILITIES A. The dispatch center will be located in the Sheriff's present room which will be suitabl y remodcommunicationscatlons eled, to include: -2- 1. Enlarging the present communications room by about one-third. This will necessitate relocating the entrance to the Sheriff's Office to the north about 15 feet. 2. Install adequate wiring. 3. Completely enclose the room and securing it against unlawful entry and or sabotage. 4. Install suitable air conditioning. 5. Install carpeting. 6. Install new paneling. 7. Install a security type service window. 8. Revise the burglar alarm system (discussed in the section on radio equipment). B. Depending on financing arrangements, new control center equipment will be installed at the communication center to permit more efficient dispatching and monitoring functions. If at all possible, this equipment will be completely installed before the center is put in operation. All new equipment which might be purchased for use in the center will be completely suitable for use in future expansion of the system and for use in a joint law enforcement center. (Discussed in a sepprate section). C. The room directly adjacent to the present communications room will be dedicated to housing transmitters, alarm relays, and some telephone equipment. D. Other changes which must be considered include: 1. Improvement of the lower driveway at the Sheriff's Office to handle increased traffic. 2. The installation of low light level closed circuit television monitors to better insure building security. 3. Electric door locks for after hours security. II. OPERATIONS A. Until the implementation of 911, only those phones currently answered by the Sheriff's Office and the City Police Department will terminate at the joint dispatch center. B. In order for the dispatch center to maintain effective communications with the Iowa City Police Department, an intercom system using land lines would be installed between the two facilities. This will be an operational line for Police use only. C. A dedicated phone line system might also be considered between the dispatch center,. the Coralville Police Department, and the University Security Control. D. Record keeping operations will be maintained by each individual depart- ment until such time as functional consolidation can be accomplished in a joint law enforcement center. However, complaint forms shall be recorded for each department and dis- tributed to the departments for record keeping purposes. In addition, proceedures will be established to maintain a file of all warrants and wanted individuals. E. The dispatch center will be open 24 hours a day to handle walk-in traffic. F. Iowa City will maintain the Tracis System ELIE III. SUPERVISION A. Overall policy supervision will be vested in the Director of Public Safety of Iowa City, the Johnson County Sheriff and the Chiof of Police or Coralville, who shall draft and approve suitable policy and operating proceedures. B. General overall day-to-day supervision of the dispatch center shall be the responsibility of a designated member of the Sheriff's Department. Ne shall handle such things as scheduling, training, and adherence to established operating policy. C. Individual Police officers and Deputies shall exercise no control or super- vision over the dispatch center operations and shall not give orders to dispatchers. It is understood, however, that designated supervisory officers of the Police Department and the Sheriff's Office may geve necessary instructions and advice to dispatchers, which are consistent with established policy, in all cases necessary to the efficient operation of the dispatch center. Supervision of jail operations performed by any of the dispatchers will be vested only in designated members of the Sheriff's Department. IV. PERSONNEL ARRANGEMENTS A. The City of Iowa City shall furnish a complement of four full-time and one-half time dispatchers who will serve as the primary dispatchers. These personnel shall be grated peace officer status by Iowa City and shall be deputized by the county (to permit them to be used for jail duties if necessary), they will be subject to the basic ILEA training for peace officers and be paid salaries equivalent to the jailer -dispatchers employed by the;coun These dispatchers shall serve as primary dispatchers with jail duty as a secondary function. It is understood that the one-half time dispatcher shall be used to cover absences of full-time personnel due to vacations, sickness, holidays, overtime, and training. It is further understood that if one-half time is not sufficient for this person, the city will pay anything additional up to full-time to cover this position. B. The county will furnish a complement of four full-time jailer -dispatchers to supplement those operators supplied by the city. The county officers shall be deputized, they shall be included under the civil service system and must receive ILEA training. The county officer assigned to the day shift shall assume dispatch functions as his primary duty and jail duties will be secondary, since the county already has a full- time day jailer employed at the present time. The county officer on duty the evening shift shall assume jail responsibilities as first priority and dispatch duties secondarily. The county officer on duty during the midnight shift shall assume dispatch duties as first priority and jail duties secondarily. C. The city of Coralville will furnish the equivalent of one full-time jailer -dispatcher under a revised contract for radio services with Johnson County, and this person will be an employee of the county. -6 - This dispatcher will work the evening shift, and his primary duty will be dispatch work. D. The normal work shift for all employees covered by this proposal shall be 8 hours. E. Normal work weeks will be desequated through future discussions of the supervisory board. receptionist during the day time hours to handle F. Iowa City would maintain a the walk-in traffic at the Civic Center. G. The Police Station would be closed after 5:00p.m., and the Civic Center phone line (354-1800) would be answered at the dispatch center. H. In addition, for after hours walk-in traffic at the Civic Center there would be a "hot line" phone connected to the dispatch center. I. The Police Station would be alarmed to provide security to records and contents. V. JAIL OPERATIONS A. Under the proposed system, Johnson County will assume responsibility for all jail operations in the county. B. The city Police lockup would be discontinued and all city prisoners will be booked directly at the jail. C. A better photo identification system must be implemented at the jail since the city will no longer perform this function and all agencies must rely on the photos taken at the jail. -7- D. As indicated earlier, all personnel will undergo basic training at the Iowa Law Enforcement Academy, in addition to regular jail oriented in-service training. E. Johnson County will assume primary responsibility for transporting all prisoners to court and all associated guard duty. It is understood, however, that when the number of prisoners at any one given time exceeds that which the county personnel can handle, Iowa City or Coralville Police may be called upon for such assistance. F. Iowa City Police will provide patrol security and on-call assistance to the county jail, I i SAVINGS AND EXPENSES Iowa City Will Save: One Night Receptionist - No Longer Needed $5,550.00 Two Weekend Receptionists 4,400.00 450 Prisoners Book @ $5.00 2,250.00 Bond, Transport & Court For Prisoners 3,250.00 $15,450.00 Iowa City Will Spend: Increased Salaries (Approximately $50.00 per/mo.) $2,400.00 Additional z Time Dispatcher 3,600.00 Expenses 6,000.00 $9,450.00 Johnson County Will Save: Tracis $1,200.00 SAVINGS AND EXPENSES Iowa City Will Save: One Night Receptionist - No Longer Needed $5,550.00 Two Weekend Receptionists 4,400.00 450 Prisoners Book @ $5.00 2,250.00 Bond, Transport & Court For Prisoners 3,250.00 $15,450.00 Iowa City Will Spend: Increased Salaries (Approximately $50.00 per/mo.) $2,400.00 Additional z Time Dispatcher 3,600.00 Expenses 6,000.00 $9,450.00 Johnson County Will Save: Tracis $1,200.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, I(WA: That the contract and bond executed by Union Metal Company Canton Ohio NR $15,880.55 dated June 11 19 74 , for the EmAghl=tzZMxWf furnishing of equipment for 1974 8urlinecnn -- -- �� uaL roles Mast Arms & Street i.i hts within the City of Iowa City, Iowa, as described in the plans and specifica- tions and which have been signed by the Mayor and City Clerk on behalf of the City of Iowa City, Iowa be and the same are hereby approved. It was moved by Brandt and seconded by DavidSen that the resolution as read be adopted, and upon roll call there were: Brandt X ES. NAYS: ABSENT: Connell X Czarnecki X Hickerson X white X Passed and approved this 18th da of y .TllnP 19z,,--, ATTEST: A- - � �IJZ ��.•'k-!.'--� / ' �G.�.% C<��l.i..� L� clrr.-.� L.'.Y. , �i . La.ti -- -iS, S Sv . SS �rY�i�-a-�-j�y.� -v""l /`-'^' .CA'wl�s.d r✓.-✓' (j(ri>-+^tX ,,./ C�.�-�.�.J,///�_ tw CONTRACT THIS AGREEMENT, made and entered into this j, day of 1974 , by and between the City of Iowa City, Iowa, party of the first part, hereinafter referred to as the Owner and Union Metal Manufacturing Co;:'panj_, Canton, Ohio, party of the second part, hereinafter referred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 12th day of April, 1974, for THE FL'RN-ISHING OF EQUIPMENT FOR THE 1974 BURLINGTON STREET TRAFFIC SIGNAL PRLk;fZ;,%, under the terms and conditions therein fully stated and set forth, and 11hereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is taillinl; to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the proposal of the Contractor for the work and for the sums listed below: I'I'%P( DESCRIPTION UN IT 1:xTED;h.=;; QUANTITI• PRICE ADIOLIST DIVISION I - Signal Poles, Mast Arms and Street Lights 1. Pedestal Type Signal Pole Union Afetal Model Design 50202-Y5 1 131.2$ v 131.25 $ 2. Monolever Type Signal Pole 20' pole with 26' mast arm Union Metal Design 50300 series modified to 20' signal mounting height 1 750.00 750.00 3. Monolever Type Combination Street Light and Signal Pole Union Aletal Design 50300 series or approved equal with dimensional data as follows: a. 27' pole with 20' mast arm, 20' signal mounting height and 12' bracket spread 1 565.00 86:.00 C-1 ITEM DESCRIPTION b. 27' pole with 22' mast arm, 20' signal mounting height and 12' bracket spread 1 $ 959.40 c. 27' pole w/241 mast arm, 20' signal mounting ht, and 12' bracket spread 2 967.50 d. 27' pole w/26' mast arm, 20' signal mounting height F, 12' bracket spread 2 976.60 e. 27' pole with 28' mast arm, 20' signal mounting height & 12' bracket spread 4 1,12;.00 f. 27' pole with 30' mast arm, 20' signal mounting height & 12' bracket spread 3 g. 27' pole with 34' mast arm, 20' signal mounting height I, 121 bracket spread I 1,25S.Op TOTAL DIVISION I E\TENDZ:D $ 1=,,':r,n, r7. 2. Prices quoted reflect conditions in effect at t iiac of purchase order for material covered by this proposal is ;uii to acceptance by the Union Metal Mfg. Co., Canton, Ohio. or,it-1, invoiced at prices in effect at time of shipment. Prices quoted are F.O.B. factory. A charge for frcirht 1111::•.,•:' in effect at time of shipment will be prepaid and ruler•,': t 3. The City of Iowa City reserves the right to reg+.iew tiny dclivcc in excess of the above quoted prices. 4. That this Contract consists of the following component parts -hlcL :,-c made a part of this agreement and contract as fully -incl if they were set out in detail in this Contract: a. Addenda Numbers 1 b. Detailed Specifications for Traffic Signal Equipment C. Plans d. Notice of Public Bearing and Notice to Bidders e. Instructions to Bidders f. Special Conditions g. Supplemental General Conditions h. General Conditions i. Proposal j. This Instrument C-2 a S. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 6. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and selas the date first %rritten above. 1;y (TitleO Genera Sales Manager ATTEST: (Title) Contractor/- The By Ojjjt I__ ion Metal Mfg. Cqi;eai) (Title) Vice_ President - Sales ATTEST: l (Title) Company OH-ici.al) C-3 PERFORMANCE AND_PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT The Union fetal Manufacturjn Co men r fere insert the name and address or . e g a 1 tzt .e o tF,e Cont.ractorT— a Principal, hereinafter called the Contractor and The Federal Insurance Company Here insert the tegaL tit" e of t ze Surety as Surety, hereinafter called the Surety, are held and firmly hound onto the City of Iowa City, Iowa, as obligee, hereinafter called th; Owner, in the amount Of Fifteen Thousand right Hundred Fiphty vid S5/ICO Dollars ($ 15,880.55 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated Jure 11 19 74 , entered into a Contract with Owner for ... FURNISFITNG OF EQUIPMENT FOR THL' 1974 BURLINGTON STREET TRAFFIC SIGNAL PROGRAM In accordance with drawings and specifications prepared by tt,� frit}- Of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's PB -1 C E. conditions, or 2. Obtain a bid or bids for submission to Owner for completins; t::e Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the. cost of completion less the balance of the Contract Price; but not exceeding, including other costs and darutges for lahich the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The t:eri:! the Contract Price", as used in this paragraph, shall rae.:n the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of five (5) years from the date on which final payment under the Contract falls due. No right of action shall accrue to or for the use of all)' person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Pb -2 L the Code of Iowa; pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, arc a part of this bond to the same extent as if they were expressly set out herein_ SIGNED AND SEALED THIS A.D.., 19 7t; IN THE PRESENCE OF: Witness 11 DAY OF June e The Federal. T.r.surance Conpa"Y (Surety] 0" t - Richard W. Anderson, Attorney -1n act PB -3 ASSETS United States Treasury Bonds ................. S 100 United States Government Secured New Housing Bonds ........................... 59,271 State and Municipal Bonds ..................... 157,319 Other Bonds ........................................ 51,462 Preferred Stocks ................................... 6,877 Common Stocks .................................... 189,962 TOTAL INVESTMENTS ...................... 464,991 Capital Stock of Affiliates: Great Northern Insurance Co. 13.937 ............... Pacific Indemnity Company 10.972 .................. Colonial Life Insurance Co 63,131 .................... Other................................................. 19,940 Cash.................................................... 1.083 Net 3.653 Premiums Receivable ....................... Reinsurance Recoverable on Paid 79,102 Losses.............................................. Other Assets 10.221 ......................................... 32.751 TOTAL ADMITTED ASSETS ............... S685,844 1 PANY 1973 LIABILITIES AND SURPLUS TO POLICYHOLDERS Unearned Premiums Outstanding Losses and Claims 211.07-1 Ceded Reinsurance Balances Payable ..... 36,196 Dividend Payable to Shareholder............ 4.000 Funds Held under Reinsurance Treaties,.. 14.978 Non-Admi!ted Reinsurance ..................... 7,283 Other Liabilities .................................. 26,7011 TOTAL LIABILITIES ..................... --_ ...... 472.521 Capital Stock ........................................ 13.937 Paid -in Surplus .................................... 9.218 Earned Surplus ..................................... 117.103 Unrealized Appreciation of Investments .......... SURPLUS TO POLICYHOLDERS........ TOTAL................................ _ --- ............_ 5685.84 Investments are valued in accordance with requirements of the National Association of Insurance Commissronc.rs Investments valued at 534,985,000 are deposited with government authorities as required by law Form 2082 (Ed 3-78) A CORRECT STATEMENT } SS�S�'if>)C;SVMfd(j{ )iNAttorney-in-fact Richard t•:, Anderson, - LaHte ;T11.•; .'. Certified Copy of POWER -OF AT�['OFNE32 Wim mU UU Mien bib *-qe Pre�nts, That the FEDERAL INSURANCE COMPANY, 90 John Street, Nein York, New York, a New Jersey Corporation, has constituted and.appointed, and does hereby constitute and appolat John R. Schaeublin John B. Leonard John S. Starrett Stewart P. Witham Richard H. Anderson Dale M. Holwick, Jr. of Canton, Ohio each its true and lawful Attorney -in -Fact to execute under such designation in its name and to adz its cerp orae. seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following claseeb, to -Wit: 1. Bonds and Undertakings (other than Fiduciary Bonds) filed in any suit, matter or proceeding In any Corr, or filed with any Sheriff or Magistrate, for the doing or not doing of anything speci0ed in such I o d o,- Undertaking, in which the penalty of the bond or undertaking does not exceed the sum of One Hundred Thousand Dollars ($100,000.00). 2. Surety Bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or oo—lier indemnity bonds under the laws, ordinances or regulations of any State, City, Tovrn, Village, Board or ether body or organization, public or private; bonds to Transportation Companies Lost Instrument borers, Lyase bonds, Work -men's Compensation bonus, Miscellaneous Surety bonds and bonds an behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. Ili Rl[iItesr 19fjPrrnf, the said FEDERAL INSURANCE COMPANY, has, pursuant to is By -Laws, caused these presents to be signed by its Assistant Vice -President and Assistant Secretary and its corporate seal to lk hereto hereto affixed this 1st day of January 19 73. FEDERAL INSURANCE COMPA.\Y By ;j' STATE OF NEW YORK f George 'McClellan J10e, +` Arsialant V:Ce-Prraident John BlacCrcgor Assistant Seereterj County of New York as: On this 1st day of January 1973, before me personally came John MacGregor, w me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE C0.11PANY, the Corpo tion described in and which executed the foregoing Power of Attorney and the said John MacGregor being by me duly sworn, did depose and say that he resides in the City of Short Hills, in the State of New Jersey; that he is A-wilstant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -lases of said Company and that he signed said Power of Attorney as Assistant Secretary of said Company by like autbority; that he is acquainted with George McClellan and knows him to be Assistant Vice -President of said Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By -Laws and in deponent's presence. uytelslmrn, Aeknmoledged and Sworn to bef are ms p;14;t- � on the date above written �' ••� Ile �OTARy":�� s CP G Notary Public MARY K. BENDICK NOTARY Public, State of New York No. 29-0237960 Qualified in Kings County Certificate filed in New York County Commission Expires March 30, Ibi3 FORM 12474F (REV. 1-73) _ L2074 It eyl RESOLUTION NO. 74- 239 RESOLUTION. AUTHORIZING EXECUTION OF AGREEMENT WITH THOMPSON CONSTRUCTION AND DEVELOPMENT COMPANY, INC. WHEREAS, the City of Iowa City, Iowa, presently owns an easement for certain utility services in the Blane Roc Subdivision, and, WHEREAS, it is deemed to the best_ interests of the City to enter into an agreement for the exchange of said easement in the event of the abandonment of the Blane Roc. Subdivision. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the attached Agreement with Thompson Construction and Development Company, Inc., is hereby approved and the Mayor and City Clerk are authorized to execute said Agreement on behalf of the City. It was moved by Brandt and seconded by Davidsen that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt X Czarnecki X Davidsen X deProsse X White X Passed and approved this 18th day of ATTEST: June , 1974. ~ i , . if� 2 3 • �V RESOLUTION NO. 74- 239 RESOLUTION. AUTHORIZING EXECUTION OF AGREEMENT WITH THOMPSON CONSTRUCTION AND DEVELOPMENT COMPANY, INC. WHEREAS, the City of Iowa City, Iowa, presently owns an easement for certain utility services in the Blane Roc Subdivision, and, WHEREAS, it is deemed to the best_ interests of the City to enter into an agreement for the exchange of said easement in the event of the abandonment of the Blane Roc. Subdivision. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the attached Agreement with Thompson Construction and Development Company, Inc., is hereby approved and the Mayor and City Clerk are authorized to execute said Agreement on behalf of the City. It was moved by Brandt and seconded by Davidsen that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt X Czarnecki X Davidsen X deProsse X White X Passed and approved this 18th day of ATTEST: June , 1974. J � '4 , . if� 2 3 • RESOLUTION NO. 74- 239 RESOLUTION. AUTHORIZING EXECUTION OF AGREEMENT WITH THOMPSON CONSTRUCTION AND DEVELOPMENT COMPANY, INC. WHEREAS, the City of Iowa City, Iowa, presently owns an easement for certain utility services in the Blane Roc Subdivision, and, WHEREAS, it is deemed to the best_ interests of the City to enter into an agreement for the exchange of said easement in the event of the abandonment of the Blane Roc. Subdivision. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the attached Agreement with Thompson Construction and Development Company, Inc., is hereby approved and the Mayor and City Clerk are authorized to execute said Agreement on behalf of the City. It was moved by Brandt and seconded by Davidsen that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt X Czarnecki X Davidsen X deProsse X White X Passed and approved this 18th day of ATTEST: June , 1974. This Agreement is dated this 4 of Iowa City, t _ R i 1 • This Agreement is dated this by and between the City of Iowa City, 18tH day of June INC. 1974, Iowa, a municipal corporation, herein- after referred to as City, and Thompson Construction and Development Company, Incorporated, an Iowa corporation, hereinafter referred to as Thompson, as follows. WHEREAS, Thompson is,presently owner of land located in Section 16, Township 79 North, Range 6 West of the 5th P. M. in Iowa City, Johnson County, Iowa, known as Blane_Roc Subdivision, and, WHEREAS, as part of said Subdivision a sewer easement was dedi- cated to the City of Iowa City running_ generally East and West along the northerly and easterly boundaries of said Subdivision, and, WHEREAS, Thompson and his assigns desire to vacate the Blane Roc Subdivision and resubdivide the property. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. The City agrees to vacate the above specified sewer easement when and if Thompson or its assigns dedicates to the City a satisfactory alternate easement route and relocates, without cost to the City, the utility services presently located in the original easement area 51% 4/'� 46 (Dew,Pl : ay.c,�. w Edi, ti -e i e cc An% J qe_ I reo ti i ke v,t,,•h CITY OF IOWA CITY, IOWA By: Attest:i�.-d�l� City Clerk ■