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HomeMy WebLinkAbout1973-04-03 Resolutionpermit be and the same is hereby cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 56.25 , payable to the Ted M. Bissell for refund of beer permit No. 72-3370' It was moved by _ rlonnPl1 and seconded by White that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: SIGNED: —X-- Brandt Connell X Czarnecki -L_ Hickerson White Passed this 3 22 day of April 19 73 Signed this day of 19 , 1 RESOLUTION NO. 73-135 RESOLUTION TO REFUND BEER PERMIT WHEREAS, the Ted M. Bissell dba/The Beer Deoott 407 1/2 R c;lbPrt has surrendered beer permit No. 72-3370 expiring 12-1-73 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 56.25 , payable to the Ted M. Bissell for refund of beer permit No. 72-3370' It was moved by _ rlonnPl1 and seconded by White that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: SIGNED: —X-- Brandt Connell X Czarnecki -L_ Hickerson White Passed this 3 22 day of April 19 73 Signed this day of 19 , 1 BE IT RESOLVED BY THE CITY COUNCIL Op IOWA CITY, IOWA, that a Class C Beer and Liquor Control License application is hereby ap proved for the following named person or persons at the following described Location: George's Gourmet Ltd. 112 S. Clinton Street i; 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 financial responsibility, surety bond; sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department." White It was moved by omwill and that the Resolution as rea adoptedsn�ed hI ,andpona there were: AYES: NAYS: ABSENT: Brandt x Connell x Czarnecki -- x Ili ckerson K White x' Passed this 3 _day of_ April 19 73 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B Beer Permit Application is hereby approved for the fallowing named per- son or persons at the following described locations: Charles D. E. Perret dba/The Sanctuary 405 S: Gilbert St. 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 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 documents required to the Iowa Beer &Liquor Control Department. It was moved by White and seconded by Connell that the Resolution as read be'adopted, and upon roil call there were: I AYES: NAYS: ASSENT: i J. C. White Excavating Co. of Des Moines, Iowa in the amount of $ 78;250.00 , for the construction of Contract No. 2, Demolition & Site Clearance, City University Project, within the City of Iowa City, Iowa, described in the plane and specifications heretofore: adopted by thisCouncilon March 27 . 1973 be and is her accepted, the same being the lowest responsible bid received for .aaid work. The Mayor and City Clerk are hereby directed to execute a contract with the said J. C. White Excavating Co of Des Moines, Iowa for said demolition & site clearance, said contract not to be binding on the City until approved by Chia Council. It was moved by _ (nnnpl 1 and seconded by White that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt _� Connell X_ Czarnecki Hickerson v x White Passed and approved this 3 day of April 19 73 , INVITATION` FOR BIDS FOR DEMOLITION AND SITE CL=ARANCE, CONTRACT NUMBER W D CITY -UNIVERSITY PROJECT, 10,1A R-14, AND WORK INCIDENTAL THERETO 114 AND FOR THE CITY OF IOWA CITY; _IOWA Sealed bids will be received by the City Manager or his authorized representa- tive of the City of Iowa City, Iowa at his office located in the Civic Center, 410 East Washington Street, Iowa City, Iowa, until 10:00 a.m. on the 9,h day of M dY e A 1977 , at which time and place all bids will be pub- licly opened and read aloud. Bids will be acted upon by the City Council at a meetinq to be held in the Council Chambers in the Civic Center at 7:30 p.m. on y;( 19 73 or at such later time and place as may then be fixed. The work includes Demolition and Site Clearance of 14 parcels in the downtown area, including two 3 -story masonry buildings, three 2 -story 'masonry buildings, three one-story masonry buildings, two wood frame houses, miscellaneous metal buildings and other types of structures. There are two old basements to be removed. There are some party or common walls that are to have the foundations waterproofed with gunnite and mastic and the walls painted with a'cement base compound. The excavations are to be backfilled. Contract documents including drawings and technical specifications are on file at the office of the City Clerk at the Civic Center in Iowa City, Iowa. ! Copies of the contract documents may be obtained from'Shive-Hattery ; Associates, Highway One and Interstate 80 or P. 0. Box 572, Iowa City, Iowa; or P. 0, Box 1803, Cedar Rapids, Iowa, by depositing $25.00 with the Engineer for each set of 'documents so obtained. ' Each such deposit will be refunded if the drawings and contract documents are returned in good condition within ten (10) days after the bid opening. Each parcel .or group of parcels will be released to the Contractor by a written "Notice to Froceed". The work described in each "Notice to Proceed'' shall be com- pleted within sixty (60) consecutive calendar days from receipt of said Notice. Par- cels will be relea ed as they become available. The entire contract is intended to be completed by �j r To bee' 3 L /5173 Each bid shall be made on a form furnished by the City and must be acccmpanied by a.check drawn on, and certified by, an 'Iowa Bank and filed n a sealed envelope separate from the one containing the bid, and in the 'amount o()L)t7.DD, made payable to the City Treasurer of the City of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of, the contract. The Bid must be submitted in two (2) copies on forms furnished by the City, sealed and plainly marked. Any alteration of the Bid Form may be cause for rejec- tion. 13703 Iv -1 Re v. i Attention is called to the Fact that no less than the minimum salaries and wages as set forth in the contractdocuments must be paid on thisproject, and that the Contractor must ensure that employees and applicants for employment are� not discriminated against because of their race, color, religion, sex or national origin. The bidder is required to submit an Affirmative Action Plan if his 6l6 is over $10,000.0o.within Fifteen (15) days after notification by the City. The City will not execute this,00ntract`until the Contractor's Affirmative Action ` Program is accepted by D H.U.D. The City of |owa cit' reserve the right to reject any and all bids or to waive any informalities in the bidding. / The City of 16wa City will paythe Contractor, in current funds, subject to additions and deductions as provided in the contract documents. � . Bids may be held by the City of |owa City for a period of not to exceed sixty ^ 60\ dayss`from the -date the opening of bids fothe purpose of reviewing the 6��sand investigating the qualifications of the bidders, prior to awarding or the `- contract. This notice is given by order of the City Council of the City of Iowa City. CITY OF IMA C|TY Dated By i ` . � City Clerk � Published in the Iowa City PRESS CITIZEN on � and N' 10219 Rev. ]_]~72 Rev. 2~14~73 |\/-2 entrance to the University of Iowa Transit Facility. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1) That parking is hereby prohibited on the west side of Madison 'St. between Harrison and Prentiss Streets for a distance of twenty feet either side of the entrance to the University of Iowa Transit Facility. 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 Connell and seconded by White that the Resolution as read be adopted, and ,upon roll call, there were: AYES: NAYS: ABSENT: x Brandt x Connell X Czarnecki X Hickerson _—x - White Passed and approved this 3 day of April 1973 Mayor .ATTEST: City Clerk RESOLUTION NO. 73-140. RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WHEREAS, the City of Iowa City, Iowa, desires to construct-remodeling improvements in the Civic Center and requires architectural services in connection with preparation of plans and specifications to construct said facilities, and, WHEREAS, it is necessary to enter into a contract for the construction of said improvements in the Civic Center in the City of Iowa City, Iowa, and to set out the terms of said costs and appointment, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, ICWA, that, the Mayor and City Clerk are hereby authorized and,directed to enter into a. contract for architectural services xirkzfor design of Civic Center Remodeling Project with William Nowysz & Associates, Iowa City, Iowa. It was moved by White and seconded by Connell that the. resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Connell x Czarnecki Hickerson x White x Passed and approved this 3rd day of April 19 73 Mayor- AIT EST: City ClqZ'fk A G R E E M E N T IT IS ri .2EBY AGREED by and between the City of Iowa City, Iowa, a municipal corporation, duly authorized and-existing.pursuant to the law':. of t:w State of Iowa, hereinafter called the Owner an6 William Nowysz & Associates, Architects, 116 South Linn Street, Iowa City, Iowa, here ina_;-e- called the Architect, as follows: _47HEREAS, the Owner wishes to remodel the Civic Center office located at 410E Wasb;ngton st; in the.City of Iowa City, Iowa, and the construction of said Remodeling 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: W I N E S S E T H 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 compensate the Architect in accordance with the; terms and conditions of this Agreement, as follows: a) For the Architect's basic services', as described in Article II, paragraphs 1 through 21a inclusive, abasic fee computed at -the following percentages of the construction.cost, as defined in Article IV, for the pro -act to be awarded under -- A single stipulated sum contract 8 per cent Separate stipulated sum contracts 9 per cent A single cost plus fee contract 8 per cent _Separate cost plus fee contracts 9 per b) For the Architect's additional services,,as described in ;i ?.rticic 11, paragraphs 22 through 40 inclusive, a fee computed as follows: i. Principals' time at the fixed rate of .twenty jI! dollars' .($20.00)_ -par hour, and for the purposes o: this agreement, the Principal is: W-:lliam'Nowysz ii. Employees' time computed at a multiple of•2.0 times the employees' direct personnel expense as _2 Agreement defined in Article V; iii. Additional services of professional consultants and project representatives, if not regular employees of the Architect, engaged for the normal structural, mechan- icaI and electrical engineering services at a multiple of 1_225 times 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 prefabricatedor precast components of the project. Such inspector shall be assigned-tolinspect the quality and method of the work. It is understood that the use of project representatives does notrelieve either. party from _ any of its responsibility under' this Agreement nor operate as a guarantee by the Architect of'the work. Time spent on space Utilization studies and programming requirements of the existing building which result in no construction on which a fee could be based shall be considered as additionalservicea. c) For the Architects reimbursable expenses, amounts expended as defined in Article VI. d) The times and further conditions of payment shall be as described in Article .VII. e) It is understood and agreed that the Architect shall arrange for and shall compensate for all costs and expensesforproject consultants employed by the Architect and that all such fees and expenses shall be.paid out of the basic fee of the Architect, as 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 done beyond the enumerated provisions of Article II, paragraphs 1 through 21 inclusive,, except upon written order by the authorized representative of the Owner. ARTICLE II BASIC SERVICES' The Architect's basic services consist of the services described in this Article in numbered paragraphs 1 -through 21 inclusive, and include -3 - Agreement "normal structural, mechanical -and electrical engineering services as Follows: SCHEMATIC DESIGN PHASE 1): The Architect shall consult with the Owner to ascertain the require- ments of the Project and shall confirm such requirements to the Owner. 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. 3). The Architect shall submit to the Owner, a Statement of Probable Construction Cost, based on current, area, volume or other unit costs. DESIGN DEVELOPMENT PHASE 4) The Architect shallpreparefrom the,approved:Schematic Design Studies, for approval by the Owner, the Design Development Documents, consisting 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 Owr%er-a further Statement of Probable Construction Cost. CONSTRUCTION DOCUMENTS PHASE ` 6) The Architect shall prepare from the approved Design Development 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_adjpstments to previous Statements of Probable Construction Costs indicated by changes in require- meats or general market conditions. 8) The Architect' shall assist the Owner in filing the required docu- ments for the approval of governmental,authorities having jurisdiction over the Project. -4 - Agreement BIDDING OR NEGOTIATION PHASE 9) The Architect, following the Owner.'s approval of the Construction Documents and of the latest Statement of Probable Construction Cost,.shall assist the Owner in obtaining bids or negotiated proposals, and in awarding and preparing construction contracts. _ CONSTRUCTION PHASE ADMINISTRATION OF THE CONSTRUCTION CONTRACT - 10) The Construction Phase will commence with the award of the Construco tion 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 Articles 1 through 14 of the latest Edition of the AIA Document A201, General Conditions -of the Contract for Construction, and the extent of the dutiesandthe responsibilities and the limitations of the authority of the Architect as assigned thereunder shall not be modified without the written consent of the Architect: 12) The Architect, as the representative of the Owner during the Construe tion 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_ providedin the General Conditions unless otherwise modified.in writing or in this Agreement. 13) The Architect"shall at all times have access to the Work 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 Docu- ments. On the basis of his on-site observations as an Architect, -he shall. endeavor to guard the Owner against defects -and deficiencies in the Work of the Contractor, The Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the, Work. The Architect shall not be responsible for construction means, methods, - Agreement - 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 paragraph 14, and on the Contractor's Applications for Payment, the Architect shall deter- mine the amount owing to the Contractor and shall issueCertificates 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 Iowa. The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, 'based on the Architect's observations at the site, as provided in paragraph 14, and on the data comprising the Application for Payment, that the Work has progressed to the point indicated; that to the best of the Architect's knowledge, information and belief, ,the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to the(results.of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and, that the Contractor is entitled to payment in the amount, certified, after deduc- tion of any amounts which must be retained pursuanttothe provisions of Chapter 573 of the Code of Iowa. By issuing,.a Certificate for Payment, the Architect shall not -be deemed to represent that he has made any examination to ascertain how and for what purpose the Contractor has used the monies paid on account of the Contract Sum. 16) The Architect and the Owner shall consult on the interpretations of the requirements of ,the -Contract Documents and shall also consult.on all claims of the Owner and the Contractor, relating to the executionand progress of the Work or the performance under the Construction Contract, and on all other matters or questions related 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 consistent with the Agreement intent of the Contract Documents. 17) The Architect shall have authority to reject Work which does not conform to the Contract Documents. The Architect shall also have authority to require the Contractor to stop the Work 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 making that decision exercises that degree of knowledge,'skill and ability that similarly situated Architectsofordinary skill and ability possess and exercise. 18) The Architect shall review and approve shop drawings, samples and other submissions of the Contractor only for conformance.with the design concept of the Project and for compliance with the -information given in the Contract Documents. 19) The Architect shall prepare Change Orders.. Change Orders shall become effective only after the Change Order has been signed by the Owner's representative. 20) The Architect shall conduct inspections to determine. the Dates of Substantial Completion and Final Completion,.shall receive written guarantees and relateddocuments-assembled by the Contractor, and shall issue a final Certificate for Payment. 21) ,The Architect shall not be responsible for the acts or omissions of the Ccntractor, 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 Project and the equipment necessary for said operation and to explain the operation of the equipment as is necessary to com-aence operation of the facility. PROJECT REPRESENTATION BEYOND BASIC SERVICES 22) If Wore extensive representation at the site than is described under Agreement paragraphs 1-0 through 21a inclusive is required, and if the Owner and the . Architect agree, the Architect shall provide one or more Full 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 compensa- ted therefor as set forth in Article 1, paragraph 2, subparagraph (b) 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 Work in progress, the -Architect shall endezvor to provide further protection for the Owner against defects in the Work, but the furnishing of such project representation shall not make the Architect responsible for the Contractor's failure.to perform the Work in accordance with the Contract Documents. ADDITIONAL SERVICES - 26) Providing special analyses of Owner's .needs, and programming the requirements of the Project. Providing services pertaining to the design of major heating, ventilation and air conditioning alterations in the Building Remodeling Project. 27) Providing -financial feasibility or other special studies. 28) Providing planning surveys, site evaluations or comparative studies of prospective sites. 29) 'faking measured drawings of existing construction when required for planning additions or alterations thereto. 30) Revising previously approved.Drawings,',Specifications and other documents to accomplish changes not initiated by the Architect.which previous approval shall consist -of the written approval by the Owner of the copies submitted of Drawings, Designs and Specifications for the proposed Project. 31) Preparing Change Orders 'and supporting data where the change in the Basic Fee resulting from the adjusted Contract Sum isnotcommensurate with the Architect's services required. A change order shall constitute additional 41 ;% Agreement services when it shall be a -change from a'Drawing, Design or Specification previously approved by the Owner, after submission by the Architect. Such Change Orders shall be prepared only when requested by the Owner or the Owner's representative and a request in writing by the' Owner or the Owner's representative shall be authority for the Change Order. 32) Preparing documents for alternate bids requested by the Owner which require different Specifications or Design involving additional cost to the Architect. 33) Providing Detailed Estimates of Construction Costs. r3 34) Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing professional services of the type set forth in .article II as may be required in connection with the replacement of such Work. 35) Providing professional services made necessary by the default of the Contractor in the performance of the Construction Contract. 36) Providing Contract Administration and observation of construction after the Contract Time has been exceeded by more than twenty per cent '(202) through no-fault of the Architect. 37) Furnishing the Owner a set of reproducible record prints of draw- ings, showing significant changes made during the construction process, based on marked up prints, drawings and other data furnished by the Contractor to the Architect. •38) Providing services after final payment to the Contractor. 39) Providing interior design and-other'services required for or is connection with the selection of furniture and furnishings. ,40) Providing services as an expert witness in connection with any Public hearing, arbitration proceeding or,the proceedings of a Court of record. ARTICLE III OWNER'S RESPONSIBILITIES 1) The Owner shall provide full information regarding his requirements for the Project. 2) The Owner shall designate, when necessary, a representative authorized " Agreement to act in his behalf with respect to the Project. The Owner or his representative shall examine documents submitted by the Architectandshall 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, easement, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements 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, when such services are deemed necessart by 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, chemical and other laboratory tests, inspections and reports ,as`required by law or the 'Contract Documents. 6) The Owner shall furnish such legal, accounting and insurance counselling services,as may be necessary for the Project, and such auditing services as may be required to ascertain how or for what purposes the Contrac- tor has used the monies paid to him under the Construction Contract. 7) The services,,information, surveys and reports required by paragraphs 3 through ,6 inclusive shall be furnished at the Owner's expense and the Architect shall be entitled to.rely upon the accuracy thereof. 3) The Owner, if observing or otherwise becoming aware of any fault or defect in the Project or non-conformance with the Contract Documents, shall give prompt written notice thereof to the Architects 9) The Owner shall furnish information required of him as expeditiously, as necessary for the orderly progress of the Work: ARTICLE IV 'CONSTRUCTION COSTS 1) Construction Costs, to .be used as a basis for determining the Agreement Architect's Fee for.all Work designed or specified by,the Architect, includ- ing 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 Work; 3) For work not constructed„ the lowest bona fide bid received 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 Construe - tion Cost. Y 5) Construction Cost does not include the fees of the Architect and consultants, the cost of the land, right-of-ways, or other costs which are the responsibility of the Owner, as provided in paragraphs 3 through 6 inclusive, of Article III of this Agreement. 6) Labor furnished by the Owner for'the Project shall be included 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 Esti- mates prepared by the Architect represent his best judgment as a design professional familiar.with the construction industry. It is recognized, howev er, that neither the Architect nor the Owner has any control over thecostof labor and materials or equipment, over the contractors' methods of determining bid prices or over competitive bidding or market conditions. Accordingly, the Architect cann- ot and does not guarantee that bids will not vary from any Statement of Probable Construction Cost or other cost estimate prepared by him. 8) When a fixed limit of ConstructionCost is established as a condi- tion of this Agreement, or -determined -at a later date as an amendment to this Agreement prior to the approval of the"Drawings and Specifications, it shall include a bidding contingency of ten.per cent (102) unless another amount is agreed upon in writin& at the time the limit is established. When -11 - Agreement such a fixed limit is established, the Architect shall be permitted to determine what materials, equipment, component systems and types of construe - tion are to beincludedin the Contract Documents, and to make reasonable adjust- ents in the scope of the Project to bring it within the fixed limits. The Architect may also includeinthe Contract Documents alternate bids to adjust the Construction Cost to the fixed limit: 9) If the lowest bona fide bid, the Detailed Cost Estimate 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 written' approval 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 quality 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 filed limit. The Providing of this service shall be 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 V 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 at 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. ARTICLE VI REIMBURSABLE EXPENSES 1) Reimbursable.Expenses are in addition to the•Fees:for Basic and additional Services and include actual expenditures made by the Architect_ Agreement' following paragraphs: 2) Expense of transportation anal living:when traveling in connection with the Project and for long-distance calls and 'telegrams. 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 authoritieshaving 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 Owner's use; and fees of special consultants for other than the normal structural, mechanical and electrical engineering services. ARTICLE VII PAYMENTS 1) Payments on account, of the Architect's Basic Services shall be made as follows: 2) Payments shall be made monthly in proportion to services performed to increase the compensation for.Basic Services to the following percentages of the Basic Fee at the completion of each phase of the Work: Schematic Design Phase 15% Design Development Phase. . . 35`/. Construction Documents Phase. . . . . 75% Bidding or Negotiation ,Phase .'. . . . . 80% Construction Phase. . . . . 100% 3) Payments for Additional Services of the Architect as defined in paragraphs 26 through 40 inclusive, and for Reimbursable Expenses as derined in Article'VI, shall be made monthly upon presentation of'the ':Architect's statement of services rendered. 4) . No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors. 5) If theProjectis suspended for more than three months, or abandoned in whole or in part, the Aichitect shall be paid his compensation for services performed prior to receipt of.written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all terminal expenses resulting from such suspension or abandonment. .-13- ,AAgreement ARTICLE VIII ARCHITECT'S ACCOUNTING RECORDS Records of the Architect's Direct Personnel, Consultant and Reimbursable Expenses pertaining to the Project, and records of account 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 mutually convenient times.' ARTICLE IX TERMINATION This Agreement may be terminated by either party upon seven (7) days' -"J 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 termination due to the fault of other than the Architect, the Architect shall be paid his.compensation for service$ performed to termination date, includ ing Reimbursable Expenses then due and all terminal expenses. - ARTICLE X OWNER'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. Wells, City Manager.of the City of Iowa City, Iowa. ARTICLE XI OWNERSHIP Drawings and Specifications, as instruments of service, are and shall remain, the property of the Architect, whether the Project for which they are made 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 agreement in writing ,and with appropriate compensation to the Architect. ARTICLE XII SUCCESSORS AND ASSIGNS The Owner and the Architect each binds himself, his partners, successors, assigns -and legal representatives, to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement: Neither the Owner nor the Architect shall'assign, sublet or transfer his interest in this Agreement