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HomeMy WebLinkAbout2003-12-16 Resolution I I RESOLUTION NO. 03-366 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Gabe's -- 330 E. Washington Street Quality Inn&Suites and Highlander Conference Center -- 2525 N. Dodge Street It was moved by Champion and seconded by 0'Donnell that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X __ Vanderhoef X Wilburn Passed and approved this 16th day of December ,2003 CIT'~CLI~RK City Attorney's Office clerk\res\danceprm.doc Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 03-367 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO AGREEMENTS FOR THE PROPERTY LOCATED AT 716 NORTH DUBUQUE STREET, IOWA CITY, IOWA. WHEREAS, on May 30, 1997, the owner executed an Agreement for the use of HOME Investment Partnership Funds in the amount of $100,000; and WHEREAS, on May 30, 1997, the owner executed another Agreement for the use of City of Iowa City General Funds in the amount of $$5,000; and WHEREAS, these loans have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 716 North Dubuque Street, Iowa City, Iowa from an Agreement recorded June 2, 1997, Book 2279, Page 52 through Page 75, and an Agreement, Book 2279, Page 76 through Page 94 of the Johnson County Recorder's Office. Passed and approved this 16th dayof December ., 20 03 Approved by CITY'CLERK City Attorney's Office It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon tell call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppd rehab/res/716ndubuque.doc Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIENS The City of Iowa City does hereby release the property at 716 North Dubuque Street, Iowa City, Iowa, and legally described as follows: The north 65 feet of Lot 5 and the north 65 feet of the west 20 feet of Lot 6, all in Block 73, in Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the owner, D & K Properties, L.L.C., to the City of Iowa City in the total amount of $185,000 represented by an Agreement recorded June 2, 1997, Book 2279, Page 52 through Page 75, and an Agreement recorded June 2, 1997, Book 2279, Page 76 through Page 94 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded d,g~ument. MAYOR Approved by CITY'CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~'/~, day of ~e¢~J~,e~- , A.D. 20 o~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its Cib/Council, as contained in Resolution No.~adopted by the City Coundl on the t/,~ day ~ ~a,.~.. ,20 ~.~ and that the said Ernest W. Lehman and Madan K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdreheb\ .tel Notary Public in and for Johnson County, Iowa I Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 03-368 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 430 NORTH VAN BUREN STREET, IOWA CITY, IOWA. WHEREAS, on February 24, 1997, the property owner of 430 North Van Buren Street executed a Mortgage for the amount of $5,463; and WHEREAS, on October 28, 1998, the owner executed another Mortgage for the amount of $5,700; and WHEREAS, these loans have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 430 North Van Buren Street, Iowa City, Iowa from a Mortgage recorded September 29, 1998, Book 2586, Page 207 through Page 211, and from a Mortgage recorded October 30, 1998, Book 2607, Page 17 through Page 21 of the Johnson County Recorder's Office. Passed and approved this 161;h day of December' ,20. 03 MAYOR CITY'CLERK City Attorney's Office It was moved by £hamp'~on and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner × Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIENS The City of Iowa City does hereby release the property at 430 North Van Buren Street, Iowa City, Iowa, and legally described as follows: The North 50 feet of Lot 2, in the North 50 feet of the West 20 feet of Lot 1, Block 36, Iowa City, Iowa. from an obligation of the owner, Colleen F. Keith, to the City of Iowa City in the total amount of $11,163 represented by a Mortgage recorded September 29, 1998, Book 2586, Page 207 through Page 211, and from a Mortgage recorded October 30, 1998, Book 2607, Page 17 through Page 21 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded d.,o.~cument. MAYOR Approved by ClTY"~LERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this fl,, day of J.~.~.~l.~¢- , A.D. 20 c~ . before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~, adopted by the City Council on the ~. day ~3~.e.., 20 (;, % and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. I ~ , Nnfn.ry Public in and for Johnson County, Iowa ppdcdb9/430 n van burefl.dOc I~& ~,1 SOND~ FO~ I ~ ~lCommt~ Num~ 159~1~ I~"1 My c~lssi~ ~ims I 12-16-03 4f(3) Prepared by: Denny Gannon, Asst. City Engr., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 03-369 RESOLUTION ACCEPTING THE WORK FOR THE 2003 PARKING RAMP MAINTENANCE AND REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2003 Parking Ramp Maintenance and Repair Project, as included in a contract between the City of Iowa City and Paragon Constructors, Inc., of Minneapolis, Minnesota, dated May 20, 2003, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $273,826.75. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this ].6th day of December ,20 03 MAYOR Approved by CITY'CLERK '~C~tyVA"ff'o~n e J~s Office It was moved by Champion and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn 12-16-03 4f(4) Prepared by: Ron Gaines, Public Works/Eng., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 03-370 RESOLUTION ACCEPTING THE WORK FOR THE 2002 CURB RAMP PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2002 Curb Ramp Project, as included in a contract between the City of Iowa City and Knish Corporation of Fadbault, Minnesota, dated September 25, 2002, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $75,705.56. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 16th day of December ,20. 03 MAYOR Approved by CITg-CLERK Ci~' It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB03-00037) RESOLUTION NO. 03-371 RESOLUTION APPROVING FINAL PLAT OF LINDEMANN SUBDIVISION PART TWO A, IOWA CITY, IOWA. WHEREAS, the owner, Southgate Development, on behalf of Robert Lindemann, Chades Lindemann, and Ruth Kabela Estate, filed with the City Clerk the final plat of Lindemann Subdivision Part Two A, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Northeast Corner of the Southwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S00°05'18"E, along the East Line of said Southwest Quarter, and the West Line of Windsor Ridge Part Fifteen, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 212, of the Records of the Johnson County Recorder's Office, 1,704.93 feet, to the Northeast Corner of Lindemann Subdivision, Part Two, in accordance with the Plat thereof Recorded in Plat Book 44, at Page 124, of the Records of the Johnson County Recorder's Office; Thence S89°54'42"W, along the North Line of said Lindemann Subdivision, Part Two, a distance of 777.57 feet; Thence N00°05'18"W, along said North Line, 94.91 feet; Thence S89°20'05"W, along said North Line 951.64 feet, to the Northwest Corner thereof, and a Point on the East Line of Auditor's Parcel 95-004, in accordance with the Plat thereof Recorded in Plat Book 35, at Page 17, of the Records of the Johnson County Recorder's Office; Thence N00°39'55"W, along said East Line, and the East Line of Scott Boulevard East, Part Four, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 155, of the Records of the Johnson County Recorder's Office, 229.64 feet; Thence S89°06'58"W, along said East Line, of Scott Boulevard East, Part Four, a distance of 3.56 feet, to the southeast Corner of a Tract of Land conveyed by Warranty Deed, as Recorded in Book 1211, at Page 60, of the Records of the Johnson County Recorder's Office; Thence N00°21'18"E, along the East Line of said Conveyed Tract, and the East Line of Lymann Subdivision, in accordance with the Plat thereof Recorded in Plat Book 31, at Page 246, of the Records of the Johnson County Recorder's Office, a distance of 530.00 feet, to the Northeast Corner of said Lymann Subdivision; Thence N01°00'12"W, along the East Line of a Tract of Land Conveyed by Warranty Deed, as Recorded in Book 453, at Page 167, and the Tract of Land Conveyed by Warranty Deed, as Recorded in Book 446, at Page 261, both of the Records of the Johnson County Recorder's Office, 280.14 feet, to the Southeast Corner of the Tract of Land conveyed by Warranty Deed, as Recorded in Book 1029, at Page 395, of the Records of the Johnson County Recorder's Office; Thence N00°51'17"W, along the East Line of said Conveyed Tract, 108.92 feet, to the Northeast Corner thereof, and the Southeast Corner of Hoyle's First Addition, in accordance with the Plat thereof Recorded in Plat Book 32, at Page 60, of the Records of the Johnson County Recorder's Office; Thence N00°49'22"W, along the East Line of said Hoyle's First Addition, 325.98 feet, to the Southwest Corner of a Tract of Land Conveyed by Warranty Deed, as Recorded in Book 329, at Page 313, of the Records of the Johnson County Recorder's Office; Thence S87°41'43"E, along the South Line of said Conveyed Tract, 100.66 feet, to the Southeast Corner thereof; Thence N00°59'43"W, along the East Line of said Conveyed Parcel, 218.00 feet, to the Northeast Corner thereof, and a Point on the North Line of Said Southwest Quarter; Thence S87°41'43"E, along said North Line, 436.00 feet, to the Northwest Quarter of Tract Two of a '% survey in the SW 1/4, Sec. 7-79-5", in accordance with the Plat thereof Recorded in Plat Book 8, at Page 35, of the Records of the Johnson County Recorder's Office; Thence S02018'17"W, along the West Line of said Tract Two, a distance of 321.40 feet; Thence S87°41'43"E, along the South Line of said Tract Two, and the South Line of Tract One, of said Recorded Survey, 496.30 feet, to the Southeast Corner of said Tract One; Thence N02°18'17"E, along the East Line of Tract One, a distance of 321.40 feet, to the Northeast Corner thereof, and a Point on the North Line of said Southwest Quarter; Thence S87°41'43"E, along said North Line, 713.05 feet, to the Point of Beginning. Resolution No. 03-371 Page 2 Said Tract of land Contains 63.22 Acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2003) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 16th dayof December ,20 03 . MAYOR Approved by CITY'CLERK City/~[t~ney's~Office It was moved by Vanderhoef and seconded by Champ'ion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdad min~r es~Jindema nn 2a.d~c Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB03-00038) RESOLUTION NO. 03-372 RESOLUTION APPROVING FINAL PLAT OF LINDEMANN SUBDIVISION PART THREE, IOWA CITY, IOWA. WHEREAS, the owner, Southgate Development, on behalf of Robert Lindemann, Charles Lindemann, and Ruth Kabela Estate, filed with the City Clerk the final plat of Lindemann Subdivision Part Three, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Outlot B of Lindemann Subdivision Part Two, and Outlot E of Lindemann Subdivision Part Two A, in accordance with the recorded plats thereof, Iowa City, Johnson County, Iowa, said parcel of land contains 18.21 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desired of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2003) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa, at the expense of the owner/subdivider. Resolution No. 03-372 Page 2 Passed and approved this ]6th day of December ,20 O;] MAYOR It was moved by Champion and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ppdad m/res~indema n n3.dcc Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB03-00039) RESOLUTION NO. 03-373 RESOLUTION APPROVING FINAL PLAT OF LINDEMANN SUBDIVISION PART FOUR, IOWA CITY, IOWA, WHEREAS, the owner, Southgate Development, on behalf of Robert Lindemann, Charles Lindemann, and Ruth Kabela Estate, filed with the City Clerk the final plat of Lindemann Subdivision Part Four, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Outlot F of Lindemann Subdivision Part Two A, Iowa City, Johnson County, Iowa, in accordance with the Recerded Plat thereof. Said tract of land contains 14.85 acres, more or less, and is subject to easements and restrictions of recerd. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desired of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to cenform with Chapter 354, Code of Iowa (2003) and all .other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a cepy of this resolution, which shall be affixed to the final plat after passage and approval by law, The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa, at the expense of the ownedsubdivider, Resolution No 03-373 Page 2 Passed and approved this 1F;-I-h day of I')PrPmhpr' ,20 03 Approved by CITY-CLERK C~ty'Attorney's 10ffice It was moved by Wi'l burn and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdadm/ms4indeman n4.doc 12-16-03 10 Prepared by: Marcia Klingaman, Planning, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. 03-374 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE GOOSETOWN NEIGHBORHOOD ART PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the Iowa City Public Art program provides for investment in public art annually; and WHEREAS, the City Council of Iowa City approved the original concept of focusing Public Art Funds on Neighborhood Art projects at their March 11, 2003 meeting by adopting Resolution No. 03-85; and WHEREAS, the City Council of Iowa City approved the general concept of the Goosetown Neighborhood Art proposal at their meeting of October 14, 2003 by adopting Resolution No. 03- 317. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Agreement between the City of Iowa City and the artist John Coyne for the design, fabrication and installation of the Goosetown Neighborhood Art Project, a copy of which is attached hereto, is hereby approved as to form and content. 2. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 16th day of Decernber ,2003. Ap.,~oved by ~ ATTEST:'~(,-z~ ~A)'~. ~z-~.~4.? ~~/'~'(~')~ '~-'~- CITY"-CLERK City Attorney's Office It was moved by Pfab and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner X Lehman X O'Donnell X Pfab × Vanderhoef X Wilburn wpdata/neighbodgoosetnneighborart doc CITY Of IOWA CITY PUBLIC ART PROGRAM GOOSETOWN NEIGHBORHOOD ART PROJECT AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AGREEMENT is made on December 16, 2003between the City of Iowa City, hereinafter referred to as the OWNER, and John Coyne, hereinafter referred to as the ARTIST. The OWNER'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. The contractor shall be the company or companies hired by the ARTIST to construct the artwork for the project. WHEREAS, the OWNER, on the recommendation of the COMMITTEE and after public input, has accepted the proposal for the Goosetown Neighborhood Art Project created by the ARTIST and hereinafter referred to as the ART WORK, for the street sign art projects to be placed in the Goosetown neighborhood. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services 1.1 General a. The ARTIST shall perform all services and furnish all supplies, materials and equipment as necessary for the design, execution, fabrication, transportation and consultation on the installation of the ART WORK at the sites. b. The ARTIST shall at all stages of execution, fabrication and installation coordinate their work with the OWNER or the OWNER'S REPRESENTATIVES. 1.2 Execution of the Work a. The ARTIST shall furnish the OWNER'S REPRESENTATIVE a tentative schedule for completion of fabrication and installation of the ART WORK, including a schedule for the submission of progress reports, if any. The schedule must be approved by OWNER'S REPRESENTATIVE. After written approval of the schedule by the OWNER'S REPRESENTATIVE, the ARTIST shall fabricate and transport the ART WORK in accordance with such schedule. Such schedule may be amended by written agreement between the OWNER'S REPRESENTATIVE and the ARTIST. b. The OWNER shall have the right to review the ART WORK at reasonable times during the fabrication thereof. The ARTIST shall submit to the OWNER progress reports in accordance with the schedule provided for in Section 1.2 (a). c. The ARTIST shall complete the fabrication and ensure installation of the ART WORK in substantial conformity with the approved Proposal. d. The ARTIST shall present to the COMMITTEE in writing for further review and approval any significant changes in scope, design, color, size, material or texture of the ART WORK not permitted by or not in substantial conformity with the Proposal. A significant change is any change in the scope, design, color, size, material, texture or location of the site of the ART WORK which affects installation, scheduling, site preparation or maintenance for the ART WORK or the concept of the ART WORK as represented in the Proposal. 1.3 Delivery and Installation a. The ARTIST shall notify the OWNER'S REPRESENTATIVE in writing when the fabrication of the ART WORK is completed and the ARTIST is ready for its delivery and installation at the site. b. The ARTIST agrees to notify the OWNER'S REPRESENTATIVE, no fewer than (15) fifteen days prior to the ARTIST'S intended time of delivery to determine the particulars of delivery time, location and agent designated by the OWNER. c. The ARTIST shall deliver and consult with the OWNER'S REPRESENTATIVE on the installation of the completed ART WORK at the sites in compliance with the schedule approved pursuant to Section 1.2 (a). d. The ARTIST shall be responsible for all expenses, labor and equipment to prepare the site for the timely installation of the ART WORK. 1.4 Post Installation a. The ARTIST shall be notified of any dates and times for presentation ceremonies relating to the ART WORK. b. Upon installation of the ART WORK, the ARTIST shall provide to the OWNER'S REPRESENTATIVE written instructions for appropriate maintenance and preservation of the ART WORK. 1.5 Final Acceptance a. The ARTIST shall advise the OWNER'S REPRESENTATIVE in writing when all services in Sections 1.1 through 1.4 have been completed in substantial conformity with the Proposal. b. The OWNER'S REPRESENTATIVE shall notify the ARTIST in writing of OWNER'S final acceptance of the ART WORK. c. Final acceptance shall be effective on one of the two dates, whichever occurs earlier: (1) the date of the OWNER'S REPRESENTATIVE'S written notification to ARTIST of final acceptance; or, (2) the 30th day after receipt by OWNER'S REPRESENTATIVE of written notice given by ARTIST under Section 1.5 (a) unless prior to the expiration of the 30 day period, OWNER'S REPRESENTATIVE gives the ARTIST written notice specifying and describing the services which have not been completed. 1.6 Risk of Loss The risk of loss or damage to the ART WORK shall be borne by the ARTIST until final acceptance by the OWNER, and the ARTIST shall take such measures as are necessary to protect the ART WORK from loss or damage until final acceptance. 1.7 Liability, Indemnification and Insurance a. The ARTIST agrees to indemnify, defend and hold OWNER and its officers, employees, and agents harmless from any and all loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from ARTIST'S operations, duties or responsibilities under this agreement, whether such be by ARTIST himself or by any subcontractor or by anyone directly or indirectly employed by ARTIST. b. Upon final acceptance of the ART WORK, the OWNER shall, to the extent permitted by law, and without waiving any immunities available thereunder, indemnify and hold harmless the ARTIST against any and all claims or liabilities thereafter made in connection with the ART WORK, the site, the project or this agreement, except claims by the OWNER against the ARTIST and claims which may occur as a result of the ARTIST'S breach of the warranties provided in Article 4. c. The ARTIST and all employees of the ARTIST shall each effect and maintain insurance to protect the ARTIST from claims under workers compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of their employees or of any person other than their employees; and from claims for damages because of injury to or destruction of tangible property; including loss of use resulting therefrom; and from claims arising out of their performance of professional services caused by errors, omissions, or negligent acts for which the ARTIST is legally liable. 1.8 Title Title of the ART WORK shall pass to the OWNER upon OWNER'S final acceptance of the completed ART WORK. Article 2. Compensation and Payment Schedule 2.1 Fixed Fee The OWNER shall pay the ARTIST a fee not to exceed Eleven Thousand one hundred dollars ($11,100) plus a contingency fee of One thousand one hundred ten dollars ($1110.00), which shall constitute full compensation for all fees, services, expenses, and materials to be performed and furnished by the ARTIST under this agreement. The 10% contingency fee of $1110.00 over the initial quoted fee of $11,100 will be Paid as part of the final payment only with acceptable documentation that, in the determination of the OWNER'S REPRESENTATIVE these additional unexpected costs were incurred. The fee shall be paid in the following installments, expressed as percentages of $11,110.00 each installment to represent full and final, non refundable payment for all services and materials provided prior to the due date thereof: a. Twenty percent (20%) within thirty (30) days after execution of this agreement. b. Thirty Percent (30%) within thirty (30) days after acceptance by OWNER'S REPRESENTATIVE that completion of all molds has occurred. c. Thirty percent (30%) within thirty (30) days after acceptance by OWNER'S REPRESENTATIVE that all castings have been completed and ready for installation. d. Twenty percent (20%) and any portion of the contingency if approved within thirty (30) days of final acceptance by OWNER'S REPRESENTATIVE. 2.2 ARTIST'S Expenses The ARTIST shall be responsible for the payment of all mailing or shipping charges on submissions to the OWNER'S REPRESENTATIVE, the cost of transporting the ART WORK to the site and the costs of all travel by the ARTIST and the ARTIST'S agents and employees necessary for the proper performance of the services required under this agreement. Article 3. Time of Performance 3.1 Duration The services to be required of the ARTIST as set forth in Article 1 shall be completed in accordance with the schedule for completion of the ART WORK as proposed by the ARTIST and approved by the OWNER'S REPRESENTATIVE pursuant to Section 1.2, provided that such time limits may be extended or otherwise modified by written agreement between the ARTIST and the OWNER'S REPRESENTATIVE. 3.2 Site Delays If, when the ARTIST completes fabrication or procurement of the ART WORK in accordance with the approved schedule and notifies the OWNER that the ART WORK is ready for installation, the ARTIST is delayed from installing the ART WORK within the time specified in the schedule as a result of the site not being sufficiently prepared to permit installation of the ART WORK, the OWNER shall provide storage, or reimburse the ARTIST for reasonable transportation and storage costs incurred for the period between the time provided in the schedule for commencement of installation and the date upon which the site is sufficiently complete to reasonably permit installation of the ART WORK. 3.3 Early Completion of ARTIST Services The ARTIST shall bear any transportation and storage costs resulting from the completion of the ARTIST'S services prior to the time provided in the schedule for installation. 3.4 Time Extensions The OWNER'S REPRESENTATIVE shall grant a reasonable extension of time to the ARTIST in the event that there is a delay on the part of the ARTIST in performing its obligations under this Agreement due to conditions beyond the ARTIST'S control or Acts of God which render timely performance of the ARTIST'S services impossible or unexpectedly burdensome. Likewise the ARTIST shall grant a reasonable extension of time to the OWNER in the event that there is a delay on the part of the OWNER in performing its obligations under this Agreement due to conditions beyond the OWNER'S control or Acts of God which render timely performance of the OWNER'S services impossible or unexpectedly burdensome. Failure to fulfill contractual obligations due to conditions beyond either pady's reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such condition. Article 4. Warranties 4.1 Warranties of Title The ARTIST represents and warrants that: (a) the ART WORK is solely the result of the artistic effort of the ARTIST; (b) except as otherwise disclosed in writing to the OWNER'S REPRESENTATIVE, the ART WORK is unique and original and does not infringe upon any copyright; (c) that the ART WORK, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the ART WORK is free and clear of any liens from any source whatever. 4.2 Warranties of Quality and Condition The ARTIST represents and warrants that: (a) the execution and fabrication of the ART WORK will be performed in a workmanlike manner; (b) the ART WORK, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the ART WORK; and (c) maintenance recommendations submitted by the ARTIST to the OWNER'S REPRESENTATIVE hereunder, if followed, will achieve their intended result. The warranties described in this Section 4.2 shall survive for a period of five years after the final acceptance of the ART WORK. The OWNER shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST shall, at the request of the OWNER, and at no cost to the OWNER, cure reasonably and promptly the breach of any such warranty which is curable by the ARTIST and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the ART WORK). Article 5. Reproduction Rights 5.1 General To the extent not limited by this Section 5.1, the ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all other rights in and to the ART WORK except ownership and possession. In view of the intention that the ART WORK in its final dimension shall be unique, the ARTIST shall not make any additional duplicate reproductions of the final ART WORK, nor shall the ARTIST grant permission to others to do so except with the written permission of the OWNER. The ARTIST grants to the OWNER and its assigns a royalty-free, irrevocable license to make two or three dimensional reproductions of the ART WORK for educational and/or non-commercial purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner. 5.2 Notice All reproductions by the OWNER shall contain a credit to the ARTIST and a copyright notice substantially in the following form: ~ [ARTIST'S NAME], date of publication. 6 5.3 Credit to OWNER The ARTIST shall use best efforts to give a credit reading substantially, "an original ART WORK owned and commissioned by the City of Iowa City, Iowa" in any public showing under the ARTIST'S control or reproductions of the ART WORK. 5.4 Registration The ARTIST may cause to be registered, with the United States Register of Copyrights, a copyright of the ART WORK in the ARTIST'S name. Article 6. ARTIST'S Rights 6.1 Identification The OWNER shall, at its expense, prepare and install at the site a plaque identifying the ARTIST, the title of the ART WORK, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 6.2 Maintenance The OWNER recognizes that maintenance of the ART WORK on a regular basis is essential to the integrity of the ART WORK. The OWNER shall take reasonable steps to assure that the ART WORK is properly maintained and protected, taking into account the instructions of the ARTIST provided in accordance with Section 1.4 (b). 6.3 Alteration of the Work or of the Site a. Except as provided under subsection 7.3(b), below, The OWNER agrees that it will not intentionally damage, alter, modify or change the ART WORK without the prior written approval of the ARTIST. b. The OWNER reserves the right to alter the location of the ART WORK; relocate the ART WORK to another site; and remove the ART WORK from public display. The following provisions shall apply to relocation or removal: (i) While the OWNER shall attempt to remove ART WORK in such a way as to not affect the ART WORK, it is the parties' understanding that such removal may result in damage, alteration, modification, destruction, distortion or other change of the ART WORK. The ARTIST acknowledges that this provision shall qualify under 17 U.S.C. Section 113, (d) so as to waive rights under 17 U.S.C. Section 106A. (ii) If, at the time of removal, it is determined that the ART WORK may be removed without damage, alteration, modification, destruction, distortion or other change, OWNER shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On completion of the ART WORK, the ARTIST agrees to file the records, including ARTIST'S identity and address, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The ARTIST further agrees to update information with the Register of Copyrights so as to permit notification of intent to remove the ART WORK. 6.4 Permanent Record. The OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this Agreement and the location and disposition of the ART WORK. Article 7. ARTIST as Independent Contractor. The ARTIST shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the OWNER. The ARTIST shall not be supervised by any employee or official of the OWNER, nor shall the ARTIST exercise supervision over any employee or official of the OWNER. Article 8. Assignments, Transfer, Subcontracting 8.1 Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any such transfer shall be null and void and shall be cause to annul this Agreement. 8.2 Subcontracting by ARTIST The ARTIST may subcontract portions of the services to be provided hereunder at the ARTIST'S expense provided that said subcontracting shall not negatively affect the design, appearance, or visual quality of the Proposal and shall be carried out under the personal supervision of the ARTIST. The ARTIST must obtain approval from the OWNER'S REPRESENTATIVE prior to hiring any subcontractor. If the OWNER'S REPRESENTATIVE does not approve the hiring of any subcontractor, another subcontractor must be submitted for approval by the OWNER'S REPRESENTATIVE. Article 9. Termination If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this agreement, the other party shall thereupon have the right to terminate this agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. In the event of default by the OWNER, the OWNER shall promptly compensate the ARTIST for all services performed by the ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the ARTIST under this agreement shall at the OWNER'S option become its property, provided that no right to fabricate or execute the ART WORK shall pass to the OWNER and the OWNER shall compensate the ARTIST pursuant to Article 2 for all services performed by the ARTIST prior to termination; or the ARTIST shall refund all amounts paid by the OWNER in exchange for all finished and unfinished related art works. Notwithstanding the previous sentence, the ARTIST shall not be relieved of liability to the OWNER for damages sustained by the OWNER by virtue of any breach of this Agreement by the ARTIST, and the OWNER may reasonably withhold payments to the ARTIST until such time as the exact amount of such damages due the OWNER from the ARTIST is determined. Article 10. Compliance The ARTIST shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the ARTIST'S services under this agreement. Article 1 1. General Terms 11.1. The ARTIST shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 11.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.2 It is understood and agreed that the retention of ARTIST by OWNER for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the ARTIST shall have the right to employ such assistance as may be required for the performance of the Project, subject to the terms of Section 8.2 of the Agreement. 11.3 It is agreed by the OWNER that all records and files pertaining to information needed by the ARTIST for the project shall be available by said City upon reasonable request to the ARTIST. The OWNER agrees to furnish all reasonable assistance in the use of these records and files. 11.4 At the request of OWNER, the ARTIST shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the OWNER shall be given with reasonable notice to ARTIST to assure attendance. 11.5 Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 11.6 Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by OWNER. 11.7 Upon signing this agreement, ARTIST acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. Article 12. Entire Agreement This writing embodies the entire agreement and understanding between the parties hereto, and there are ne other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Article 13. Modification No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the OWNER. 9 ARTIST OWNER .~Coyne - est W. Lehman, Mayor Al-rEST Marian K. Karr City Clerk City Attorney's Office GOOSETOVCN ART IN THE NEIGHBORHOOD PROPOSAL IDEA Goosetown proposes a two-part neighborhood art project: 1) graphically attractive street signs identifying (~oosetown and the date of its origin; ~ b~,ti~,.~t;,,~ pr,_,g,~m. Though each of these paris is distinctly different from the other, we think of them as coordinated efforis to create a more artful environment throughout the neighborhood, and by doing so to develop a greater sense of neighborhtw, d histo 'ry, identity, and eommtmity, as explained in the following sections. SIGNAGE If you ask somcono "Where do you live?' they will probably tell you what street they live on. Street signs provide us with that immediate sense of identification with the place where we live. We would like to expand that sense of identification beyond individual streets to the Goosetown neighborhtx~d as a whole and to symbolize that identification with distinctive Goosetown signs, not displacing the street signs but adding to them. Our hope would be that this would not only promote greater neighborhood cohesiveness for the future but also serve as a way of preserving the cultural heritage of Goosetown by reminding us that this is a neighborhood with a rich history. Too often, it sc, cms, the places we live in aren't neighborhoods to those who don't live there--they are ~unply streeis we drive through to get frem one place to another. By identifying Goosetown on our street signs, we can perhaps contribute to a greater sense of community in Iowa City as a whole by making us all just a little less anonymous. P~eje~ Go~l: The signs we propose would be fastened to the top of existing street signs but would be distinct l¥om them so as not to create contusion (see attachment). Our vision is for a two- sided cast metal, bas-relief sign with the name, Goosetown, and date, 1856, in English on one side and the Czech name, Husi Mesto, and date on the reverse. The casting would be done in bronze by a local artist/artisan. ~1% font would be highly polished for greater visibility; the background would bo treated with a darker pigment for contrast Then the signs would be treated with an industrial strength poly coating that will preserve the sheen of the metal for 10-15 years. At that time, a second application can be brushed on, if desired. If not retreated, the signs will slowly gain a patina, but will not deteriorate. The tn'rial of each of these cast signs will carry a two-dimensional metal silhouette of a goose, flie symbol of our neighborhood past and present. We approached three people/businesses able to do the casting work, including a Goosetown soulptor who is very. interested in winning the bid for this project. He came to our last meeting to give us his background, interests, and credentials, to answer questions about the casting process, make sketches of possible decorative symbols, talk about the upkeep and longevity of the signs, and share an example of his work with us. We were impressed with his knowledge--graduate work in so~lpture, with his resources~ has his own foundry south of town, and with the fact that he lives in Goosetown. He restated his interest in winning the bid. The two other sources are local businesses able to fabricate metal projeots and willing to work within the ~orl.gtraints of the la'eject. The attached article from the Rock Island (Ill.) A~nts and D~stxatch illustrates a similar project and their .success story using signs to designate neighborhoods that are significant to a city's histop.¢. (hilp://www. qconline.congquest2001/community/oldchic.shtml) If the project were approvext by thc City, bids would be requested, work would begin, and ,sometime in the spring or sammaer months a call would be made for a work force to help fasten/heR the signs to the e:4~sting poles. (Our Ooosetown ,sculptor is exploring the fasteners uscd in Rock Island.) Costs: We estimate the need for some 20-25 signs for placement on existing street signs. On the basis of our exploration with the three fabricators, the bid would oome within the range of the $10,000-$15,000 award for our neighborhood. If the bid were to mine in under this amount, remaining funds would support the following part of the project. Goosetown Streetsign Proposal Submitted by John Coyne 1127 E. Davenport St. Iowa City, IA 52245 (319) 339-1742 This Project is for 25 bronze commemorative street markers that will be a permanent part of the (~oosetown neighborhood. I have included 4 sketches along with my portfolio. Bronze Each sign will weigh approximately 4 lbs. Price of bronze is approximately $2.50 per pound. Total price, including extra bronze for 5 extra pieces = $300. Mold Making Materials for mold making including sand, resin, catalyst, core wash, flasks, oil clay and wax -- $320. Installation Special brackets are available through the City of Iowa City for Chasing Materials for finishing and chasing includes abrasives, cut-off wheels, chemicals for patination and clear coat -- $230. Labor The projected time for each piece is 20 hours, which includes modeling, mold making, casting, chasing and installation. At $15 an hour, for 30 bronze castings, which will take approximately 500 hours = $9,000. Total bid mount includes labor and a 10% contingency fee = $12,210. CITY OF IOWA CITY PUBLIC ART PROGRAM GOOSETOWN NEIGHBORHOOD ART PROJECT AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AG"~EEMENT is made on between City of Iowa City, hereinafter referre~,,to as the OWNER, and John Coyne, ~inaftE to as the ARTIST. The OWNER'S REF~ESENTATIVE shall be the Director of the I of Planning and Community Developm~(~t or his/her designee. The COMMITTE shall be the Public Art Advisory Committee~1'he'~ontractor shall be the company or hired by the ARTIST to construct the artwork for~e project. the OWNE~, on the recommendation CC and after public WHEREAS, input, has accepted the proposah,{or the Goosetown Nei Art Project created by the ARTIST and hereinafter referred tO,as the ART WORF the street sign art projects to be placed in the Goosetown neighborhood. A copy of saic ;al as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal").\, NOW, THEREFORE, in mutual promises and undertakings contained herein, the parties agree as Article 1. Scope of Services 1.1 General a. The ARTIST shall perform services ~nd furnish all supplies, materials and equipment as necessary for the desk 'ication, transportation and consultation on the installation of the ART WORK b. The ARTIST shall at all of execution )rication and installation coordinate their work with the OWNER or the i ; REPRE: rIVES. 1.2 Execution of the Work a. The ARTIST shall the OWNER'S a tentative schedule for completion of fabrication installation of the ART a schedule for the submission of progress re rts, if any. The schedule must ipproved by OWNER'S REPRESENTATIVE. Aftel written approval of the by the OWNER'S REPRESENTATIVE, the -IST shall fabricate and transport the WORK in accordance with such schedule, schedule may be amended by written between the OWNER'S IVE and the ARTIST. b. The ;hall have the right to review the ART WORK at reasonable times during the fabrication The ARTIST shall submit to the OWNER progress reports in accordance with provided for in Section 1.2 (a). c. The shall complete the fabrication and ensure installation of the ART WORK in substantial conformity with the approved Proposal. d. The ARTIST shall present to the COMMITTEE in writing for further review and approval any significant changes in scope, design, color, size, material or texture of the ART WORK not permitted by or not in substantial conformity with the Proposal. A significant change is any change in the scope, design, color, size, material, texture or location of the site of the ART WORK which affects installation, scheduling, site preparation or maintenance for the ART WORK or the concept of the ART WORK as represented in the Proposal. 1.3 Delivery and Installation a. The ARTII shall notify the OWNER'S REPRESENTATIVE in writing when the fabrication of the WORK is completed and the ARTIST is ready for its delivery and installation at the site. b. The ARTI~ to notify the SENTATIVE, no fewer than (15) fifteen days prior to the intended time y to determine the particulars of delivery time, location and; nt designated by the c. The ARTIST shall consult the OWNER'S REPRESENTATIVE on the installation of the completed in compliance with the schedule approved pursuant to Section 1.2 (a). d. The ARTIST shall be for all expenses, labor and equipment to prepare the site for the timely installation of th~ 1.4 Post Installation a. The ARTIST shall dates and times for presentation ceremonies relating to the ART WORK. b. Upon installation ART WORK,'~e ARTIST shall provide to the OWNER'S REPRESENTATIVE writte~ instructions for approp~ate maintenance and preservation of the ARTWORK. / 1.5 Final Acceptanc? a. The ARTIST shall advise the OWNER'S REF~ESENTATIVE in writing when all services in Sectio,~ls 1.1 through 1.4 have been completed'~n substantial conformity with the Proposal. ,,~,, ........ b. The/OWNER'S REPRESENTATIVE shall nob'fy the AI~TIST in writing of OWNER'S final accepta~/ce of the ART WORK. c. ,I acceptance shall be effective on ,o,n, ,e_.o~f the..,?o dat.e..s., .'~h. hichever occurs earlier: (1) the d of the OWNER'S REPRESENTATIVE'S written notification to ARTIST of final acceptar or, (2) the 30th day after receipt by OWNER'S REPRESENTATIVE of written notice by ARTIST under Section 1.5 (a) unless prior to the expiration of the 30 day period, OWNI REPRESENTATIVE gives the ARTIST written notice specifying and describing the servi,C/es which have not been completed. 3 1.6 Risk of Loss The risk of loss or damage to the ART WORK shall be borne by the ARTIST until final acceptance by the OWNER, and the ARTIST shall take such measures as are necessary to protect the ART WORK from loss or damage until final acceptance. 1.7 Liability, Indemnification and Insurance a. The ARTIST agrees to indemnify, defend and hold its officers, employees, and agents harmless from any and all loss, cost, damage ant (including reasonable attorney's fees and court costs) resulting from, arising out of, incurred by reason of any claims, actions or suits upon or alleging bodily injury, incl~ death, or property damage arising out of or resultin from ARTIST'S operations, under this agreement, whether such be ARTIST himself or by any or by anyone directly or indirectly IST. b. Upon final acceptance of to the extent permitted by law, and without waiving any indemnify and hold harmless the ARTIST against any and all claims in connection with the ART WORK, the site, the project or this claims by the OWNER against the ARTIST and claims which may occur as ARTIST'S breach of the warranties provided in Article 4. c. The ARTIST and all employees ARTIST shall each effect and maintain insurance to protect the ARTIST from clain ~der workers compensation acts; claims for damages because of bodily injury includinc ~njury, sickness or disease, or death of any of their employees or of any person othe~ and from claims for damages because of injury to or destruction including loss of use resulting therefrom; and from claims arising of professional services caused by errors, omissions, or neglig is legally liable. 1.8 Title Title of the ART WORK sha~ pass to the OWNER u OWNER'S final acceptance of the completed ART WORK. / Article 2. Compensation/arid Payment Schedule 2.1 Fixed Fee ~r' /r The OWNER shall,P'ay the ARTIST a fee not to exceed Eleven 'l~ousand one hundred dollars ($11,100) plus a COntingency fee of One thousand one hundred t~q dollars ($1110.00), which shall constitute full compensation for all fees, services, expend, s, and materials to be performed and furnished by the ARTIST under this agreement. The~10% contingency fee of $1110.00 over the initial quoted fee of $11,100 will be paid as part of the final payment only with acceptable documentation that, in the determination of the OWNER'S REPRESENTATIVE these additional unexpected costs were incurred. The fee shall be paid in the following installments, expressed as percentages of $11,110.00 each installment to represent full and final, n,,o~ refundable payment for all services and materials provided prior to the due date there .~_~,~ a. Twenty percent (20%) within thirty (30) days after execution of this agreement. b. Thirty Percent (30%) within thirty (30) days after acceptance by OWNER'S REPRESENTATIVE that completion of all molds has occurred. c. Thirty percent (30%) within thirty (30) days after acceptance by OWNER'S REPRESENTATIVE that all castings have been completed and ready for installation. d. Twenty percent (20%) and any portion of the contingency if approved/within thirty (30) days of final acceptance by OWNER'S REPRESENTATIVE. ./ 2.2 ARTIST'S Expenses The ARTIST shall be responsible ' the of all mailing g charges on submissions to the OWNER'S the cost the ART WORK to the site and the costs of all travel by Ihe ARTIST and the agents and employees necessary for the proper performance f the services required und~ agreement. Article 3. Time of Performance 3.1 Duration The services to be required of the T as set in Article 1 shall be completed in accordance with the schedule for corn of the WORK as proposed by the ARTIST and approved by the OWNER'S REPRE: ~ursuant to Section 1.2, provided that such time limits may be extended or other~ by written agreement between the ARTIST and the OWNER'S REPRESENTATI\ 3.2 Site Delays If, when the ARTIST completes fabricati( of the ART WORK in accordance with the approved schedule and the that the ART WORK is ready for installation, the ARTIST is delayed installinc WORK within the time specified in the schedule as a result of the site ~ being to permit installation of the ART WORK, the OWNER shall storage, reimburse the ARTIST for reasonable transportation and storage for the between the time provided in the schedule for commencement and the late upon which the site is sufficiently complete to reasonably permit 3.3 Early COral Services The ARTIST shall bear ~y transportation and ge resulting from the completion of the ARTIST'S services ,~'rior to the time provided in de for installation. 3.4 Time Extensions / / The OWNER'S RF/,~RESENTATIVE shall grant a reasonable ~sion of time to the ARTIST in the event that ~ere is a delay on the part of the ARTIST in ~,rni~g its obligations under this Agreement/tue to conditions beyond the ARTIST'S control or Acts of God which render timely performAQ~',,~e of the ARTIST'S services impossible or unexpectedly burdensome. Likewise the ARTIST shall grant a reasonable extension of time to the OWNER in the event that there is a delay on the part of the OWNER in performing its obligations under this Agreement due to conditions beyond the OWNER'S control or Acts of God which render timely performance of the OWNER'S services impossible or unexpectedly burdensome. Failure to 5 fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such condition. Adicle 4. Warranties 4.1 Warranties of Title The ARTIST represents and warrants that: (a) the ART WORK is solely result of the artistic effort of the ARTIST; (b) except as otherwise disclosed in to the OWNER'S REPRESENTATIVE, the ART WORI unique and original and not infringe upon any copyright; (c) that the ART or a duplicate thereof, has been accepted for sale elsewhere; and (d) the ART WORK i free and clear of any any source whatever. 4.2 Warranties of Quality and Condit The ARTIST represents and warrants (a) and fabrication of the ART WORK will be performed in a workmanlike (b) as fabricated and installed, will be free of defects in material and any defects consisting of inherent qualities which cause or accelerate the ART WORK; and (c) maintenance recommendations submitted by hereunder, if followed, will achieve their intended result. The warranties described in this Section 4.2 .urvive for a period of five years after the final acceptance of the ART WORK. The OWI~ give notice to the ARTIST of any observed breach with reasonable promptness, hall, at the request of the OWNER, and at no cost to the OWNER, cure the breach of any such warranty which is curable by the ARTIST and which is consister with professional conservation standards (including, for example, cure of repair brication of the ART WORK). / Article 5. Reproduction Rights / 5.1 General / To the extent not limited by/this Section 5 1, the all rights under the Copyright Act of 1976, 17 U.S.C., 1~1 et. seq., an~t all other ,,,~ in and to the ART WORK except and possessi¢~. In view of the intention that th~,ART__ WORK in its final dimension ownership shall be unique, the AI~TIST shall not make any additional ~uplicate reproductions of the final ART WORK, nor shall/the ARTIST grant permission to other~ to do so except with the written permission of the OWNER. The ARTIST grants to the OWNE~ and its assigns a royalty-free, irrevocable license/~'o make two or three dimensional reproductions of the ART WORK for educational and/o,r/'non-commercial purposes, including but not II~nited to reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and developmer){ projects, or other similar publications, provided th'~t these rights are exercised in a professioni~l manner. 5.2 Notice /' All reprod¢ctions by the OWNER shall cont.a, ina credit to the ARTIST and a copyright notice substanti II~n the following form: - [ARTIST S NAME], date of publication. 5.3 Credit to OWNER The ARTIST shall use best efforts to give a credit reading substantially, "an original ART WORK owned and commissioned by the City of Iowa City, Iowa" in any public showing under the ARTIST'S control or reproductions of the ART WORK. 5.4 Registration The ARTIST may cause to be registered, with the United States of Copyrights, a copyright of the ART WORK in the ARTIST'S name. Article 6. ARTIST'S Rights 6.1 Identification The OWNER shall, at its expense, and install site a plaque identifying the ARTIST, the title of the ART WORK, the year of con and shall reasonably maintain such notice to the extent as may be 6.2 Maintenance The OWNER recognizes that maintenance ~ WORK on a regular basis is essential to the integrity of the ART WORK. The take reasonable steps to assure that the ART WORK is properly maintained and taking into account the instructions of the ARTIST provided (b). 6.3 Alteration of the Work or of the Site a. Except as provided under I(b), below, The OWNER agrees that it will not intentionally damage, alter, or chan¢ the ART WORK without the prior written approval of the ARTIST. b. The right ocation of the ART WORK; relocate the ART WORK to another site; remove the ART public display. The following provisions shall apply to removal: (i) While tt-OWNER shall attem ART WORK in such a way as to not affect the ART WOF it is the parties' that such removal may result in damage, alteration, destruction, distortion ;r change of the ART WORK. The ARTIST acknowledge~ this provision shall qualify U.S.C. Section 113, (d) so as to waive rights under U.S.C. Section 106A. at the time of removal, it is determined that the ART WORK (ii) may be removed without ~, alteration, modification, destruction, d~tortion or other change, OWNER shall gi~ as required by 17 U.S.C. Section 113 (d) (2,),and (3). On completion of the ART W£ the ARTIST agrees to file the records, including ARTIST'S identity and address, with Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The ARTIST fudh~ agrees to update information with the Register of Copyrights so as to permit notification of'-- to remove the ART WORK. 7 6.4 Permanent Record. The OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this Agreement and the location and disposition of the ART WORK. Adicle 7. ARTIST as Independent Contractor. The ARTIST shall perform all work under this Agreement as an inde not as an agent or an employee of the OWNER. The ARTIST shall not be 3ervised by any employee or official of the OWNER, nor the ARTIST exercise s~ ;rvision over any employee or official of the OWNER. Article 8. Assignments, Transfer, 8.1 Neither this Agreement nor any herein shall be by the ARTIST. Any such transfer shall be null and void and sha cause to annul reement. 8.2 Subcontracting by ARTIST The ARTIST may subcontract portions of ~e servi~ to be provided hereunder at the ARTIST'S expense provided that said subc¢ not negatively affect the design, appearance, or visual quality of the Proposa be carried out under the personal supervision of the ARTIST. The ARTIST obtain approval from the OWNER'S REPRESENTATIVE prior to hiring any ctor. If the OWNER'S REPRESENTATIVE does not approve the hiring of any subcontractor must be submitted for approval by the Article 9. Termination /, / If either party to this agreement shall ~llfully or ne ~ently fail to fulfill in a timely and proper manner, or otherwise violate, any of t)~e covenants, reements or stipulations material to this agreement, the other party shall ther/eupo? have the terminate this agreement by giving written notice to the defaulting p,,~rty of its intent terminate specifying the grounds for termination. The defaulting party ~,hall have thidy (30~ s after receipt of the notice to cure the default. If it is not cured, then ~is agreement shall ~inate. In the event of default by the OWNER, the OWNER shall pr~ptly compensate ti ST for all services performed by the ARTIST prior to termination. IN the event of default all finished and unfinished drawings, sketches, photogr~'phs, and other work products and submitted or prepared for submission by the ARTIST under this agreement shall. OWNER'S option become its property, provided that n~ right to fabricate or execute 1 ~T WORK shall pass to the OWNER and the OWNE,~ shall compensate the ARTIST ~ ~nt to Article 2 for all services performed by the ARTI~I' prior to termination; or the ARTIST ~11 refund all amounts paid by the OWNER in exchan,~e for all finished and unfinished related ~r~works. Notwithstanding the previous sentence, th~ ARTIST shall not be relieved of liabilit! to~,~e OWNER for damages sustained by the OW/NER by virtue of any breach of this Agre~ ~nen ~'by the ARTIST, and the OWNER may reasonably withhold payments to the ARTIST until such rinse as the exact amount of such damages d~e the OWNER from the ARTIST is determined. / Article 10. Compli n~ The ARTIST shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the ARTIST'S services under this agreement. 8 Article 11. General Terms 11.1. The ARTIST shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 11.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.2 It is understood and agreed that the retention of ARTIST by OWNER the purpose of the Project shall be as an independent contractor and shall be but the ARTIST shall have right to employ such assistance as required for the performance of the subject to the terms of Section 8.2 ~ Agreement. 11.3 It is agreed by the ER that all records and files to information needed by the ARTIST for the be available reasonable request to the ARTIST. The -_-R agrees to furnish all reanable assistance in the use of these records and files. 11.4 At the request of OWNER, ; ARTIST shall a meetings of the City Council relative to the work set forth this Any requests made by the OWNER shall be given with reasonable to AF to assure attendance. 11.5 Should any section of this Agre~ invalid, it is agreed that the remaining portion shall be deemed severabk the invalid portion and continue in full force and effect. 11.6 Fees paid for securing horities having jurisdiction over the Project will be paid by OWNER. 11.7 Upon signing this ARTIST a'~knowledges that Section 362.5 of the Iowa Code prohibits a City employee f~om having an interest in a contract with the City, and certifies that employee or offibter of the City, which includes members of the City Council ancO/ boards and com~nissions, has an interest either direct or indirect, in this agr.,Cel t, that does not fa~ within the exceptions to said statutory provision enume~ed in Section 362.5. '~ Article 12. Entire Agre~/rCent ~ ~h~e~rltein~ e~bodie, L, /the entire agreement and understand g between the parties hereto, and o o her ~reements and u nderstanding~,doerr;l~)r~dw~'gttebn, with reference to the subject matter hereof that~re not merged herein and superseded here~y. Article 13. Modif~tion ~\ No alteration, change, or modification of the terms of the Agreement'shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the OWNER. ARTIST OWNER John Coyne Ernest W. Lehman, Mayor ATrEST Marian K. Ka.~ City Clerk j/ City Attorney's Office 12-16-03 11 Prepared by: Marcia Klingaman, Planning, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237~ RESOLUTION NO. 03-375 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE LONGFELLOW NEIGHBORHOOD ART PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the Iowa City Public Art program provides for investment in public ad annually; and WHEREAS, the City Council of Iowa City approved the original concept of focusing Public Art Funds on Neighborhood Art projects at their March 11, 2003 meeting by adopting Resolution No. 03-85; and WHEREAS, the City Council of Iowa City approved the general concept of the Longfellow Neighborhood Art proposal at their meeting of October 14, 2003 by adopting Resolution No. 03- 316. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Agreement between the City of Iowa City and the artist Will Thomson for the design, fabrication and installation of the Longfellow Neighborhood Art Project, a copy of which is attached hereto, is hereby approved as to form and content. 2. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 16th day of . MAYOR ClTY'"CLERK City Attorney's Office It was moved by Champion and seconded by Vande~'h0ef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab }{ Vanderhoef X Wilburn wpdata/neighbodlongfellowneighborad doc CITY Of IOWA CITY PUBliC ART PROGRAM LONGFELLOW NEIGHBORHOOD ART PROJECT AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AGREEMENT is made on 'i2~. ~,, Zoo"~ between the City of Iowa City, hereinafter referred to as the OWNER, and Will Thomson, hereinafter referred to as the ARTIST. The OWNER'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. The contractor shall be the company or companies hired by the ARTIST to construct the artwork for the project. WHEREAS, the OWNER, on the recommendation of the COMMITTEE and after public input, has accepted the proposal for the Longfellow Neighborhood Art Project created by the ARTIST and hereinafter referred to as the ART WORK, for two art projects to be placed in the Longfellow neighborhood. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services 1.1 General a. The ARTIST shall perform all services and furnish all supplies, materials and equipment as necessary for the design, execution, fabrication, transportation and consultation on the installation of the ART WORK at the sites. b. The ARTIST shall at all stages of execution, fabrication and installation coordinate their work with the OWNER or the OWNER'S REPRESENTATIVES. 1.2 Execution of the Work a. The ARTIST shall furnish the OWNER'S REPRESENTATIVE a tentative schedule for completion of fabrication and installation of the ART WORK, including a schedule for the submission of progress reports, if any. The schedule must be approved by OWNER'S REPRESENTATIVE. After written approval of the schedule by the OWNER'S REPRESENTATIVE, the ARTIST shall fabricate and transport the ART WORK in accordance with such schedule. Such schedule may be amended by written agreement between the OWNER'S REPRESENTATIVE and the ARTIST. b. The OWNER shall have the right to review the ART WORK at reasonable times during the fabrication thereof. The ARTIST shall submit to the OWNER progress reports in accordance with the schedule provided for in Section 1.2 (a). c. The ARTIST shall complete the fabrication and ensure installation of the ART WORK in substantial conformity with the approved Proposal. d. The ARTIST shall present to the COMMITTEE in writing for further review and approval any significant changes in scope, design, color, size, material or texture of the ART WORK not permitted by or not in substantial conformity with the Proposal. A significant change is any change in the scope, design, color, size, material, texture or location of the site of the ART WORK which affects installation, scheduling, site preparation or maintenance for the ART WORK or the concept of the ART WORK as represented in the Proposal. 1.3 Delivery and Installation a. The ARTIST shall notify the OWNER'S REPRESENTATIVE in writing when the fabrication of the ART WORK is completed and the ARTIST is ready for its delivery and installation at the site. b. The ARTIST agrees to notify the OWNER'S REPRESENTATIVE, no fewer than (15) fifteen days prior to the ARTIST'S intended time of delivery to determine the particulars of delivery time, location and agent designated by the OWNER. c. The ARTIST shall deliver and consult with the OWNER'S REPRESENTATIVE on the installation of the completed ART WORK at the sites in compliance with the schedule approved pursuant to Section 1.2 (a). d. The ARTIST shall be responsible for all expenses, labor and equipment to prepare the site for the timely installation of the ART WORK. 1.4 Post Installation a. The ARTIST shall be notified of any dates and times for presentation ceremonies relating to the ART WORK. b. Upon installation of the ART WORK, the ARTIST shall provide to the OWNER'S REPRESENTATIVE written instructions for appropriate maintenance and preservation of the ART WORK. 1.5 Final Acceptance a. The ARTIST shall advise the OWNER'S REPRESENTATIVE in writing when all services in Sections 1.1 through 1.4 have been completed in substantial conformity with the Proposal. b. The OWNER'S REPRESENTATIVE shall notify the ARTIST in writing of OWNER'S final acceptance of the ART WORK. c. Final acceptance shall be effective on one of the two dates, whichever occurs earlier: (1) the date of the OWNER'S REPRESENTATIVE'S written notification to ARTIST of final acceptance; or, (2) the 30th day after receipt by OWNER'S REPRESENTATIVE of written notice given by ARTIST under Section 1.5 (a) unless prior to the expiration of the 30 day period, OWNER'S REPRESENTATIVE gives the ARTIST written notice specifying and describing the services which have not been completed. 1.6 Risk of Loss The risk of loss or damage to the ART WORK shall be borne by the ARTIST until final acceptance by the OWNER, and the ARTIST shall take such measures as are necessary to protect the ART WORK from loss or damage until final acceptance. 1.7 Liability, Indemnification and Insurance a. The ARTIST agrees to indemnify, defend and hold OWNER and its officers, employees, and agents harmless from any and all loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from ARTIST'S operations, duties or responsibilities under this agreement, whether such be by ARTIST himself or by any subcontractor or by anyone directly or indirectly employed by ARTIST. b. Upon final acceptance of the ART WORK, the OWNER shall, to the extent permitted by law, and without waiving any immunities available thereunder, indemnify and hold harmless the ARTIST against any and all claims or liabilities thereafter made in connection with the ART WORK, the site, the project or this agreement, except claims by the OWNER against the ARTIST and claims which may occur as a result of the ARTIST'S breach of the warranties provided in Article 4. c. The ARTIST and all employees of the ARTIST shall each effect and maintain insurance to protect the ARTIST from claims under workers compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of their employees or of any person other than their employees; and from claims for damages because of injury to or destruction of tangible property; including loss of use resulting therefrom; and from claims arising out of their performance of professional services caused by errors, omissions, or negligent acts for which the ARTIST is legally liable. 1.8 Title Title of the ART WORK shall pass to the OWNER upon OWNER'S final acceptance of the completed ART WORK. Article 2. Compensation and Payment Schedule 2.1 Fixed Fee The OWNER shall pay the ARTIST a fee not to exceed Eleven Thousand five hundred dollars ($11,500) as a total of individual costs included in the proposal (Exhibit A) plus a contingency fee of One Thousand one hundred fifty dollars ($1150) which shall constitute full compensation for all fees, services, expenses, and materials to be performed and furnished by the ARTIST under this agreement. The 10% contingency fee of $1150.00 over the initial quoted fee of $11,500 will be paid as part of the final payment only with acceptable documentation that, in the determination of OWNER'S REPRESENTATIVE, these additional unexpected costs were incurred. The fee shall be paid in the following installments, each installment to represent full and final, non refundable payment for all services and materials provided prior to the due date thereof: a. $1500.00 within thirty (30) days after execution of this agreement. b. $3000.00 within thirty (30) days after acceptance by OWNER'S REPRESENTATIVE that completion of sign frames and powder coating has occurred c. $3000.00 within thirty (30) days after acceptance by OWNER'S REPRESENTATIVE that completion of sculptural elements for signs and trail sculpture, signs and labels has occurred d. $4000 upon completion and any podion of contingency funds if approved within thirty (30) days of final acceptance by OWNER'S REPRESENTATIVE.. 2.2 ARTIST'S Expenses The ARTIST shall be responsible for the payment of all mailing or shipping charges on submissions to the OWNER'S REPRESENTATIVE, the cost of transporting the ART WORK to the site and the costs of all travel by the ARTIST and the ARTIST'S agents and employees necessary for the proper performance of the services required under this agreement. Article 3. Time of Performance 3.1 Duration The services to be required of the ARTIST as set forth in Article 1 shall be completed in accordance with the schedule for completion of the ART WORK as proposed by the ARTIST and approved by the OWNER'S REPRESENTATIVE pursuant to Section 1.2, provided that such time limits may be extended or otherwise modified by written agreement between the ARTIST and the OWNER'S REPRESENTATIVE. 3.2 Site Delays If, when the ARTIST completes fabrication or procurement of the ART WORK in accordance with the approved schedule and notifies the OWNER that the ART WORK is ready for installation, the ARTIST is delayed from installing the ART WORK within the time specified in the schedule as a result of the site not being sufficiently prepared to permit installation of the ART WORK, the OWNER shall provide storage, or reimburse the ARTIST for reasonable transportation and storage costs incurred for the period between the time provided in the schedule for commencement of installation and the date upon which the site is sufficiently complete to reasonably permit installation of the ART WORK. 3.3 Early Completion of ARTIST Services The ARTIST shall bear any transportation and storage costs resulting from the completion of the ARTIST'S services prior to the time provided in the schedule for installation. 3.4 Time Extensions The OWNER'S REPRESENTATIVE shall grant a reasonable extension of time to the ARTIST in the event that there is a delay on the part of the ARTIST in performing its obligations under this Agreement due to conditions beyond the ARTIST'S control or Acts of God which render timely performance of the ARTIST'S services impossible or unexpectedly burdensome. Likewise the ARTIST shall grant a reasonable extension of time to the OWNER in the event that there is a delay on the part of the OWNER in performing its obligations under this Agreement due to conditions beyond the OWNER'S control or Acts of God which render timely performance of the OWNER'S services impossible or unexpectedly burdensome. Failure to 5 fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such condition. Article 4. Warranties 4.1 Warranties of Title The ARTIST represents and warrants that: (a) the ART WORK is solely the result of the artistic effort of the ARTIST; (b) except as otherwise disclosed in writing to the OWNER'S REPRESENTATIVE, the ART WORK is unique and original and does not infringe upon any copyright; (c) that the ART WORK, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the ART WORK is free and clear of any liens from any source whatever. 4.2 Warranties of Quality and Condition The ARTIST represents and warrants that: (a) the execution and fabrication of the ART WORK will be performed in a workmanlike manner; (b) the ART WORK, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the ART WORK; and (c) maintenance recommendations submitted by the ARTIST to the OWNER'S REPRESENTATIVE hereunder, if followed, will achieve their intended result. The warranties described in this Section 4.2 shall survive for a period of five years after the final acceptance of the ART WORK. The OWNER shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST shall, at the request of the OWNER, and at no cost to the OWNER, cure reasonably and promptly the breach of any such warranty which is curable by the ARTIST and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the ART WORK). Adicle 5. Reproduction Rights 5.1 General To the extent not limited by this Section 5.1, the ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all other rights in and to the ART WORK except ownership and possession. In view of the intention that the ART WORK in its final dimension shall be unique, the ARTIST shall not make any additional duplicate reproductions of the final ART WORK, nor shall the ARTIST grant permission to others to do so except with the written permission of the OWNER. The ARTIST grants to the OWNER and its assigns a royalty-free, irrevocable license to make two or three dimensional reproductions of the ART WORK for educational and/or non-commercial purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner. 5.2 Notice All reproductions by the OWNER shall contain a credit to the ARTIST and a copyright notice substantially in the following form: - [ARTIST'S NAME], date of publication. 5.3 Credit to OWNER The ARTIST shall use best efforts to give a credit reading substantially, "an original ART WORK owned and commissioned by the City of Iowa City, Iowa" in any public showing under the ARTIST'S control or reproductions of the ART WORK. 5.4 Registration The ARTIST may cause to be registered, with the United States Register of Copyrights, a copyright of the ART WORK in the ARTIST'S name. Article 6. ARTIST'S Rights 6.1 Identification The OWNER shall, at its expense, prepare and install at the site a plaque identifying the ARTIST, the title of the ART WORK, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 6.2 Maintenance The OWNER recognizes that maintenance of the ART WORK on a regular basis is essential to the integrity of the ART WORK. The OWNER shall take reasonable steps to assure that the ART WORK is properly maintained and protected, taking into account the instructions of the ARTIST provided in accordance with Section 1.4 (b). 6.3 Alteration of the Work or of the Site a. Except as provided under subsection 7.3(b), below, The OWNER agrees that it will not intentionally damage, alter, modify or change the ART WORK without the prior written approval of the ARTIST. b. The OWNER reserves the right to alter the location of the ART WORK; relocate the ART WORK to another site; and remove the ART WORK from public display. The following provisions shall apply to relocation or removal: (i) While the OWNER shall attempt to remove ART WORK in such a way as to not affect the ART WORK, it is the parties' understanding that such removal may result in damage, alteration, modification, destruction, distortion or other change of the ART WORK. The ARTIST acknowledges that this provision shall qualify under 17 U.S.C. Section 113, (d) so as to waive rights under 17 U.S.C. Section 106A. (ii) If, at the time of removal, it is determined that the ART WORK may be removed without damage, alteration, modification, destruction, distortion or other change, OWNER shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On completion of the ART WORK, the ARTIST agrees to file the records, including ARTIST'S identity and address, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The ARTIST further agrees to update information with the Register of Copyrights so as to permit notification of intent to remove the ART WORK. 6.4 Permanent Record. The OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this Agreement and the location and disposition of the ART WORK. Article 7. ARTIST as Independent Contractor. The ARTIST shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the OWNER. The ARTIST shall not be supervised by any employee or official of the OWNER, nor shall the ARTIST exercise supervision over any employee or official of the OWNER. Adicle 8. Assignments, Transfer, Subcontracting 8.1 Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any such transfer shall be null and void and shall be cause to annul this Agreement. 8.2 Subcontracting by ARTIST The ARTIST may subcontract portions of the services to be provided hereunder at the ARTIST'S expense provided that said subcontracting shall not negatively affect the design, appearance, or visual quality of the Proposal and shall be carried out under the personal supervision of the ARTIST. The ARTIST must obtain approval from the OWNER'S REPRESENTATIVE prior to hiring any subcontractor. If the OWNER'S REPRESENTATIVE does not approve the hiring of any subcontractor, another subcontractor must be submitted for approval by the OWNER'S REPRESENTATIVE. Adicle 9. Termination If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this agreement, the other party shall thereupon have the right to terminate this agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. In the event of default by the OWNER, the OWNER shall promptly compensate the ARTIST for all services performed by the ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the ARTIST under this agreement shall at the OWNER'S option become its property, provided that no right to fabricate or execute the ART WORK shall pass to the OWNER and the OWNER shall compensate the ARTIST pursuant to Article 2 for all services performed by the ARTIST prior to termination; or the ARTIST shall refund all amounts paid by the OWNER in exchange for all finished and unfinished related art works. Notwithstanding the previous sentence, the ARTIST shall not be relieved of liability to the OWNER for damages sustained b.y the OWNER by virtue of any breach of this Agreement by the ARTIST, and the OWNER may reasonably withhold payments to the ARTIST until such time as the exact amount of such damages due the OWNER from the ARTIST is determined. Article 10. Compliance The ARTIST shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the ARTIST'S services under this agreement. Article 11. General Terms 11.1. The ARTIST shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 11.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.2 It is understood and agreed that the retention of ARTIST by OWNER for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the ARTIST shall have the right to employ such assistance as may be required for the performance of the Project, subject to the terms of Section 8.2 of the Agreement. 11.3 It is agreed by the OWNER that all records and files pertaining to information needed by the ARTIST for the project shall be available by said City upon reasonable request to the ARTIST. The OWNER agrees to furnish all reasonable assistance in the use of these records and files. 11.4 At the request of OWNER, the ARTIST shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the OWNER shall be given with reasonable notice to ARTIST to assure attendance. 11.5 Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 11.6 Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by OWNER. 11.7 Upon signing this agreement, ARTIST acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. Article 12. Entire Agreement This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Article 13. Modification No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the OWNER. ARTIST~~ Will Thomson Ernest W. Lehman, Mayor ATTEST Marian K. Kart City Clerk ty Attorney Longfellow Neighborhood Public Art Project Proposals The Longfellow Neighborhood Art Project had its genesis at a Longfellow Neighborhood Association general meeting last January. The idea of some sort of neighborhood art program was discussed, and generated enough interest to warrant a meeting of a group of interested Longfellow residents in February At that meeting, and at another in April, a good deal of brainstorming occurred. ideas for art in the neighborhood, such as dressing up some of Longfellow's many bridges, sculptures on street signs, or some sort of gateway art at one or two of our busiest intersections, such as Lucas and Burlington, percolated up. But at the April meeting we began to focus more on lhe historic aspects of the Longfellow neighborhood, and how to use art to tell our story. We also wanted to do something significant for our only "park", the Longfellow Nature Trail. The group zeroed in on the following specific historic areas to represent with our art project: · The old cannery site on Sheridan Ave. · The AME Church on S. Governor St. · The GrantWood House · The Rundell St. tro[leyline · The CivilWar encampment · The old brickyard at the Longfellow School site · The site of Strohm's Orchard, on which much of our neighbhorhood is built, at Governor and Bowery. The group contacted LNA resident and artist Will Thomson, who took our ideas and put them to paper. When Will presented his sketches to the group in June, we were ecstatic. The results, represented by the attached sketches, blend the art and history of Longfellow in an attractive, inviting style, one which blends with our neighborhood. The "Waterfowl in Flight" sculpture for the Longfellow Nature Trail head along Sheridan Ave. is a perfect focal point for our neighborhood wildlife area. After a very brief discussion, the neighborhood decided to submit both proposals for funding: the Waterfowl sculpture and the historic markers, since the costs appear to be very reasonable. If funded, the projects will be installed by neighborhood volunteers, coordinated by Will Thomson, with the project under the general oversight of the Longfellow Neighborhood Association. We intend to place the "sign art" on the public right-of-way near each designated historic spot, with the advance agreement and cooperation of nearby property owners - no art will be placed where it isn't wanted. Our timeline would have installation begin sometime in later spring of 2004. Methods, materials, descriptions, and costs are as follows: 1. Historical Markers: Each of six to eight historical neighborhood markers (cannery, trolley, orchard, Civil War Camp, brickyard, Wood House, AME Church, etc.) will be fabricated as follows: frame: a mounting frame will consist of a perforated metal (53%, 1" squares) welded to a 1" x 2" square tubular steel frame, as shown in drawings. This mount will have a "roofline" and Arts and Crafts style design motif, with room for a neighborhood logotype, all will be powderceated enamel and affixed in the ground with legs imbedded in concrete past the frostline. Siting will in all cases be in the easement between street and sidewalk and will be coordinated with the City's Public Works and Forestry departments. Signage: the perforated screen panel will be a mounting surface for a metal relief textured panel sculpture of the subject of the site, i.e. the Rundell Street sign will have a Iow-relief cutout of a trolley car, ca. 1910. Beneath these sculptural images will be a metal sign panel, affixed with security bolts to the screen. This panel will be a short statement about the historic heritage of the site. An alternate method will be to have an anodized or etched metal panel with image and label on the same panel Cost: one complete piece, standard, signage and artwork, will not exceed $750.00 per unit. Production: entirely local talent. Welding in Coralville, Powder-coating in Cedar Rapids, signage and artwork in Iowa City (Armadillo Arts Studio and Signs and Screenprintem, signage). 2. Garden Sculpture, Longfellow Trail: proposal: a steel garden sculpture of birds landing (see skelch) to be mounted at gateway of Longfellow trail. materials: three large birds (24 to 30" span) will be made from welded steel and mounted to an elevated curve of metal, its base embedded in a concrete footing. This "curve" of metal is a three sided welded semi-spiral of steel, built to support enough weight that it could cantilever 200 to 300 lbs (precautionary). Once this unit is welded up and finished, the birds are welded to its outer tip and the whole is set in a concrete footing at the entry to the trail. Cost: approx. $4000.00 production: the unil would be fabricated in two or lhree parts: curved support arm welded locally, birds sculpted and fabricated in studio, and the whole assembled on site. Artists' fee for both projects: (construction, coordinating, transporting, etc.) $1,500, We should note one other project that the neighborhood is interested in: a Neighborhood Sculpture Project for the Longfellow School Grounds, funded by the neighborhood residents and the Longfellow Association. This project would produce a sculpture of cast-cement and foundry glass and we hope to involve school-age children in the design, creation, and implementation, thus making it a chance to take ownership in a major group project. Total cost is estimated at about $300. Narrative written by Michael Wright and Will Thomson. CITY OF IOWA CITY PUBLIC ART PROGRAM LONGFELLOW NEIGHBORHOOD ART PROJECT AGREEMENT BY AND BETVVEEN OWNER AND ARTIST THIS AGREEMENT is made on the City of Iowa City, hereinafter referred to as the OWNER, and Will hereinafter referred to as the ARTIST. The OW~IER'S REPRESENTATIVE shall be th~ Director of the Department of Planning and Comlnunity Development or his/her design~ The COMMITTEE shall be the Public Ad Advisory t or companies hired by the ARTIST :he artwork for the project. WHEREAS, on the recommenda COMMITTEE and after public input, has acce roposal for the Lon hborhood Art Project created by the ARTIST and .~rred to as the ART W~ for two art projects to be placed in the Longfellow neighborhood, of said proposal is attached hereto as Exhibit "A" (hereinafter "Proposal"). NOW, THEREFORE of the mutual promises and undertakings contained herein, the parties Article 'i. Scope of Services 1.1 General a. The ARTIST shall 9rvices and furnish all supplies, materials and equipment as necessary for the d, [ion, fabrication, transportation and consultation on the installation of the ART W~ b. The ARTIST shall, all stages fabrication and installation coordinate their work with the OWNER OWNER'S 1.2 Execution of the Work a. The ARTIST furnish the OWNER'S ,ENTATIVE a tentative schedule for completion of fabric and installation of the ART K, including a schedule for the submission of reports, if any. The schedule be approved by OWNER'S REPRESENTATIVE., After written approval of the Ale by the OWNER'S REPRESENTATIVF_/' the ARTIST shall fabricate and transport WORK in accordance with such schedu,l~. Such schedule may be amended by written between the OWNER'S REPR~IESENTATIVE and the ARTIST. b. The,.~)WNER shall have the right to review the ART WORK at reasonable times during the fabrication thereof. The ARTIST shall submit to the OWNER progress reports in accordance with the schedule provided for in Section 1.2 (a). c. The ARTIST shall complete the fabrication and ensure installation of the ART WORK in substantial conformity with the approved Proposal. 2 d. The ARTIST shall present to the COMMITTEE in writing for further review and approval any significant changes in scope, design, color, size, material or texture of the ART WORK not permitted by or not in substantial conformity with, the Proposal. A significant change is any change in the scope, design, color, size, material, te~xture or location of the site of the ART WORK which affects installation, scheduling, site preparation or maintenance for the ART WORK or the concept of the ART WORK as represented in .'he Proposal. 1.3 Delivery and Installation a. The ARTIST sh notify the OWNER'S ENTATIVE in writing when the fabrication of the ART RK is completed and ARTIST is ready for its delivery and installation at the site. b. The ARTIST notify the OWNEF REPRESENTATIVE, no fewer than (15) fifteen days prior to the "S intended delivery to determine the particulars of delivery time, location and agent by th c. The ARTIST shall consul ith the OWNER'S REPRESENTATIVE on the installation of the completed ART in compliance with the schedule approved pursuant to Section 1.2 (a). d. The ARTIST shall be responsibl all expenses, labor and equipment to prepare the site for the timel) )RK. 1.4 Post Installation a. The ARTIST shall be of any and times for presentation ceremonies relating to the ART WORK. b. Upon installation of the the shall provide to the OWNER'S REPRESENTATIVE written for and preservation of the ART WORK. 1.5 Final Acceptance a. The ARTIST shall the OWNER'S ~TATIVE in writing when all services in Sections 1.1 1.4 have been completed in conformity with the Proposal. b. The OWNER'S PRESENTATIVE shall notify the ARTIST in writing of OWNER'S final acceptance of c. Final acceptan, shall be effective on one of the two dates, whichever occurs earlier: (1) the date of the REPRESENTATIVE'S written notification to ARTIST of final acceptance; or, (2) 30th day after receipt by OWNER'S REPRESENTATIVE of written notice given under Section 1.5 (a) unless prior to the expiration of the 30 day period, OWNER'S REPRES~ gives the ARTIST written notice specifying and describing the services which have completed. 3 1.6 Risk of Loss The risk of loss or damage to the ART WORK shall be borne by the ARTIST until final acceptance by the OWNER, and the ARTIST shall take such measures as are necessary to protect the ART WORK from loss or damage until final acceptance. .. 1.7 Liability, Indemnification and Insurance a. The ARTIST agrees to indemnify, defend and hold and its officers, employees, and agents harmless from any and all loss, cost, damage ~ expense (including reasonable attorney's fees and resulting from, arising out or incurred by reason of any claims, actions or suits upon or alleging bodily injury, in death, or property damage arising out of or resultin ARTIST'S operations, or under this agreement, whether such be 'ARTIST himself or by any or by anyone directly or indirectly -3T. b. Upon final acceptance of th~ RT WORK, the OWl I, to the extent permitted by law, and without waiving any indemnify and hold harmless the ARTIST against any and all claims made in connection with the ART WORK, the site, the project or this ~ent, exce by the OWNER against the ARTIST and claims which may occur as of ARTIST'S breach of the warranties provided in Article 4. c. The ARTIST and all employees of ARTIST shall each effect and maintain insurance to protect the ARTIST from claims 9r workers compensation acts; claims for damages because of bodily injury including per~ ~jury, sickness or disease, or death of any of their employees or of any person other tha nployees; and from claims for damages because of injury to or destruction of ta including loss of use resulting therefrom; and from claims arising out of 2rofessional services caused by errors, omissions, or negligent acts for wh legally liable. 1.8 Title Title of the ART WORK shall pass the OWNER upon final acceptance of the completed ART WORK. Article 2. Compensation and Schedule 2.1 Fixed Fee The OWNER shall pay the a fee not to exceed Eleven Thc five hundred dollars ($11,500) as a total of ind costs included in the proposal (Exhibit ~lus a contingency fee of One Thousand one fifty dollars ($1150) which shall full compensation for all fees, services, and materials to be performed and furnisi' by the ARTIST under this agreement. 10% contingency fee of $1150.00 over the quoted fee of $11,500 will be paid as final payment only with that, in the determination of OWNER'S REPRESENTATIVE, these additional were incurred. The fee shall be paid in the following installments, each installment to represent full and final, non refundable payment for all services and materials provided prior to the due date thereof: 4 a. $1500.00 within thirty (30) days after execution of this agreement. b. $3000.00 within thirty (30) days after acceptance by OWNER'S REPRESENTATIVE that completion of sign frames and powder coating has occurred c. $3000.00 within thirty (30) days after acceptance by OWNER'S REPRESENTATIVE that completion of., elements for signs and trail sculpture, signs and labels has occurred d. $4000 upon coml .~tion and any portion )~gency funds if approved within thirty (30) days of final ~RESENTATIVE.. 2.2 ARTIST'S Expenses The ARTIST shall be respo sible for the of all mailing or shipping charges on submissions to the OWNER'S the cost of transporting the ART WORK to the site and the costs of all by the and the ARTIST'S agents and employees necessary for the ~nce of the ~rvices required under this agreement. Article 3. Time of Performance 3.1 Duration The services to be required of as set forth in Article 1 shall be completed in accordance with the schedule fo )letion of the ART WORK as proposed by the ARTIST and approved by the OWNER' pursuant to Section 1.2, provided that such time limits may be exter modified by written agreement between the ARTIST and the OWNER'S 3.2 Site Delays if, when the ARTIST cor )letes procurement of the ART WORK in accordance with the approved sch~ Jle and notifies OWNER that the ART WORK is ready for installation, the delayed from the ART WORK within the time specified in the schedule as a res site not being ufficiently prepared to permit installation of the ART WORK, the shall provide ~e, or reimburse the ARTIST for reasonable transportation and costs incurred for period between the time provided in the schedule for of installationan date upon which the site is sufficiently complete to reasor~ably [' WORK. ] 3.3 Early CompleX(on of ARTIST Services The ARTIST sh~ll bear any transportation and costs resulting from the completion of the ARTIST'S sbrvices prior to the time provided in for installation. 3.4 Time Extensions The OWNEF~"S REPRESENTATIVE shall grant a reasonable extension of time to the ARTIST in the event that there is a delay on the part of the ARTIST in performing its obligations under this Agreement due to conditions beyond the ARTIST'S control or Acts of God which render timely performance of the ARTIST'S services impossible or unexpectedly burdensome. Likewise the ARTIST shall grant a reasonable extension of time to the OWNER in the event that there is a delay on the part of the OWNER in performing its obligations under this Agreement due to conditions beyond the OWNER'S control or Acts of God which render timely performance of the OWNER'S services impossible or unexpectedly burdensome. Failure to 5 fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such condition. Article 4. Warranties 4.1 Warranties of Title The ARTIST represents and wa~ (a) )RK is solely the result of the artistic effort of the ARTIST; (b) as otherwise in writing to the OWNER'S REPRESENTATIVE, the is unique and inal and does not infringe upon any copyright; (c) that the ART [/ORK, or a duplicate has not been accepted for sale elsewhere; and (d) free and liens from any source whatever. 4.2 Warranties of Quality and )ndition The ARTIST represents and wa ~nts that: (a) thand fabrication of the ART WORK will be performed manner; (b) WORK, as fabricated and installed, will be free of defects in material workmansl including any defects consisting of inherent qualities which cause or deterio of the ART WORK; and (c) maintenance recommendations submitted OWNER'S REPRESENTATIVE hereunder, if followed, will achieve their intended The warranties described in this Secti~ survive for a period of five years after the final acceptance of the ART WORK. The ~IER shall give notice to the ARTIST of any observed breach with reasonable promptness, shall, at the request of the OWNER, and at no cost to the OWNER, cure reason; promptly the breach of any such warranty which is curable by the ARTIST and which ~nsistent with professional conservation standards (including, for example, cure of rel ~ir or refabrication of the ART WORK). Article 5. Reproduction Rights 5.1 General To the extent not limited Section 5.1, the 'IST retains all rights under the Copyright Act of 1976, 17 U.S.C. et. seq., and all hts in and to the ART WORK except ownership and possess~c In view of the intention the ART WORK in its final dimension shall be unique, the ST shall not make any duplicate reproductions of the final ART WORK, nor shall ARTIST grant permission do so except with the written permission of the OW The ARTIST grants to ER and its assigns a royalty-free, irrevocable license two or three dimensional :tuctions of the ART WORK for educational and/or n/~n-commercial purposes, including but no"N, imited to reproductions used in advertising, calend~rs, posters, brochures, media, publicity, catiN,ogues, museum, educational and development projects, or other similar publications, provided tl~t these rights are exercised in a professional/Cnanner. ~ / 5.2 Notice / All reproductibns by the OWNER shall contain a credit to the ARTIST and a copyright notice substantially in the following form: - [ARTIST'S NAME], date of publication. 6 5.3 Credit to OWNER The ARTIST shall use best effods to give a credit reading substantially, "an original ART WORK owned and commissioned by the City of Iowa City, Iowa" in any public showing under the ARTIST'S control or reproductions of the ART WORK. 5.4 Registration The ARTIST may cause to be registered, with the United Register of Copyrights, a copyright of the ART WORK in the ARTIST'S name. Article 6. ARTIST'S Rights 6.1 Identification The OWNER shall at its ,~nse, prepare and in~ at the site a plaque identifying the ARTIST, the title and the ~letion; and shall reasonably maintain such notice to the extent as practicable. 6.2 Maintenance The OWNER recognizes tha WORK on a regular basis is essential to the integrity of the ART WORK. shall take reasonable steps to assure that the ART WORK is properly maintained ar taking into account the instructions of the ARTIST provided in ~ ,n 1.4 (b). 6.3 Alteration of the Work or of a. Except as provided under 7.3(b), below, The OWNER agrees that it will not intentionally damage, alter, or ~nge the ART WORK without the prior written approval of the ARTIST. b. The OWNER ht to · the location of the ART WORK; relocate the ART WORK to another site; remove the WORK from public display. The following provisions shall apply to (i) While the attem remove ART WORK in such a way as to not affect the ART it is the parties' anding that such removal may result in damage, alteration, modifi~ destruction, 3r other change of the ART WORK. The ARTIST acknowledges ~rovision shall 17 U.S.C. Section 1 13, (d) so as to waive rights under (ii) If, :he time of removal, it is ned that the ART WORK may be removed without da~ alteration, modification, distortion or other change, OWNER shall give as required by 17 U.S.C. Section 3 (d) (2) and (3). On completion of the ART WORK ARTIST agrees to file the records, ~cluding ARTIST'S identity and address, with the ister of Copyrights as provided under 1~ I.S.C. Section 113 (d) (3). The ARTIST further to update information with the Rec Copyrights so as to permit notification of intent to remove the ART WORK. 7 6.4 Permanent Record. The OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this Agreement and the location and disposition of the ART WORK. Article 7. ARTIST as Independent Contractor. The ARTIST shall perform all'v under this Agreement as contractor and not as an agent or an employee the OWNER. The not be supervised by any employee or official of the nor shall the ARTI exercise supervision over any employee or official ~ER. Article 8. Assignments, Subcontracting 8.1 Neither this Agreement no~ ~ny interest herein be transferred by the ARTIST. Any such transfer shall be null and and shall be caL to annul this Agreement. 8.2 Subcontracting by ARTIST The ARTIST may subcontract po services to be provided hereunder at the ARTIST'S expense provided that ~g shall not negatively affect the design, appearance, or visual quality of the and shall be carried out under the personal supervision of the ARTIST. The ~T must obtain approval from the OWNER'S REPRESENTATIVE prior to hiring ~ubcontractor. If the OWNER'S REPRESENTATIVE does not approve the hiring of any sul: another subcontractor must be submitted for approval by the OWNER'S REPRESE IVE. / Article 9. Termination ? If either party to this agreement ~hall willfull~ negligently fail to fulfill in a timely and proper manner, or otherwise violate, ar~y of the agreements or stipulations material to this agreement, the other party shal~ thereupon have ht to terminate this agreement by giving written notice to the defaul.tlng party of its ~t to terminate specifying the grounds for termination. The defaulting I?arty shall have thirtydays after receipt of the notice to cure the default. If it is not cured, !hen this agreement terminate. In the event of default by the OWNER, the OWNER sh,all promptly compe ARTIST for all services performed by the ARTIST prior to termination. In the event of default the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work prepared and submitted or prepared for submission by the ARTIST under this agreement at the OWNER'S option become its property, provided that no right to fabricate or the ART WORK shall pass to the OWNER and the OWN~:R shall compensate the ARTIS'[ ursuant to Article 2 for all services performed by the ARTIST prior to termination; or I' shall refund all amounts paid by the OWNER in exchange for all finished and unfinished t works. Notwithstanding the previous sentence, the ARTIST shall not be relieved of to the OWNER for damages sustained by the,~OWNER by virtue of any breach of this by the ARTIST, and the OWNER may re~asonably withhold payments to the ARTIST until time as the exact amount of such damages due the OWNER from the ARTIST is determined. Article 10. Compliance The ARTIST shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the ARTIST'S services under this agreement. 8 Article 11. General Terms 11.1. The ARTIST shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 11.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, ~' sexual orientation. 11.1.2 To discriminate against any individual in terms, conditions es of employment because of their race, color, religion, sex, national origin, age, marital status, gender identity, or sexual orientation. 11.2 It is understood and; that the retention of by OWNER for the purpose of the Project shall as an independent and shall be exclusive, but the ARTIST shall have right to employ such as may be required for the performance of the I 9ct to 8.2 of the Agreement. 11.3 It is agreed by JER that all record., files pertaining to information needed by the ARTIST for the iect shall be said City upon reasonable request to the ARTIST. --R agrees to reasonable assistance in the use of these records and files. 11.4 At the request of OWNER, shall attend such meetings of the City Counci~ relative to the work set forth Agreement. Any requests made by the OWNER shall be given with reasonabl~ ice to ARTIST to assure attendance. 11.5 Should any section of this nent be found invalid, it is agreed that the remaining portion shall be deemed from the invalid portion and continue in full force and effect. 11.6 Fees paid for securing ~roval having jurisdiction over the Project will be paid by OWNER. 11.7 Upon signing this cknowledges that Section 362.5 of the Iowa Code prohibits a Ci~ officer or em an interest in a contract with the City, and certifies no employee or of the City, which includes members of the City Council City boards and has an interest either direct or indirect, in this reement, that does not within the exceptions to said statutory provision in Section 362.5. Article 12. ent This writing he entire agreement and between the parties hereto, and there are no other and understandings, oral or .~n, with reference to the subject merged herein and superseded / Article 13. Modific~'tion No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the OWNER. ARTIST OWNER Will Thomson Ernest W. Lehman, Mayor ATTEST Marian K. Karr City Clerk App City Attorney's Office PUBLIC COMMENT PERIOD ON A PROPOSED AMENDMENT TO IOWA CITY'S 2001-2006 CONSOLIDATED PLAN An amendment to Iowa City's 2001-2006 Consolidated Plan (a.k.a. CITY STEPS) has been proposed that would increase the priority for "Neighborhood Facilities" from a "medium" to a "high" priority within the CITY STEPS plan. Additional information on this proposed amendment is available from the Iowa City Planning and Community Development or by calling 356-5230, TDD 356-5491. Citizens wishing to comment on this proposed amendment are encouraged to submit their comments to the Department of Planning and Community Development, 410 East Washington Street, Iowa City, IA 52240. In addition, a public hearing is being held by the Housing and Community Development Commission on November 10, 2003, at 7:00 p.m., City Hall, Emma Harvat Hall, 410 East Washington Street, Iowa City, IA. If you need special accommodations please contact Stephen Long at the Department of Planning and Community Development at 356-5230 or TTY 356-5491. Copies of the current CITY STEPS Plan are available from the Department of Planning and Community Development, 410 East Washington Street. Also, a copy of the CITY STEPS plan is available for review at the Iowa City Public Library 123 S. Linn Street. The 30-day public comment period regarding this CITY STEPS amendment starts with the publication of this notice. 12-16-03 12 Prepared by: Steven Nasby, Community & Economic Dev Coord., 410 E. Washington Street, Iowa City, iA 52240; (319) 356-5248 RESOLUTION NO. 03-376 A RESOLUTION AMENDING IOWA CITY'S 200i-2006 CONSOLIDATED PLAN (A.K.A. CITY STEPS), AS AMENDED BY CHANGING THE PRIORITY FOR NEIGHBORHOOD FACILITIES FROM "MEDIUM" TO "HIGH". WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires that the City of Iowa City, Iowa, prepare and submit a Consolidated Plan for the coordinated use of federal, state and local funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City of Iowa City has disseminated information, received public input and held public hearings regarding Iowa City's 2001-2006 Consolidated Plan and proposed amendments; and WHEREAS, the Housing and Community Development Commission has held a public hearing and recommended changing the priority for "Neighborhood Facilities" in Iowa City's 2001-2006 Consolidated Plan, as amended, from "medium" to "high"; and WHEREAS, the City Council finds changing the priority for "Neighborhood Facilities" in Iowa City's 2001-2006 Consolidated Plan, as amended, from "medium" to "high" helps achieve the goals set forth within said plan; and WHEREAS, Iowa City's 2001-2006 Consolidated Plan, as amended, will continue to help address the needs of Iow and moderate income households; and WHEREAS, the City Council finds that the public interest will be served by amending Iowa City's 2001-2006 Consolidated Plan, as amended, as described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Iowa City 2001-2006 Consolidated Plan, as amended, is further amended to change the priority for "Neighborhood Facilities" from "medium" to "high" and as so amended is hereby adopted and approved. 2. The City Council authorizes the City Manager to submit to HUD all necessary documents related to the submission of Iowa City's 2001-2006 Consolidated Plan, as amended. Passed and approved this 16th dayof December ., 2003. MAYOR Appr~ ATTEST: ~f~x~.~ ~ ~4¢¢ .) /~.- S.o ~ CiTY"~LERK - City Attorney's Office ecodev/res/citysteps.doc Resolution No, 03-376 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon tell call there were: AYES: NAYS: ABSENT: ABSTAIN: X Champion ~( Kanner X Lehman X O'Donnell X Pfab X Vanderhoef Wilbum X 12-16-03 13 Prepared by: Steven Nasby, Community & Economic Dev Coord., 410 E. Washington, Iowa City, IA 52240, (319) 356-5248 RESOLUTION NO. 03-377 RESOLUTION APPROVING FUNDING FOR EXTEND THE DREAM FOUNDATION FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZATION FOR THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the City of Iowa City has a Community Development Block Grant (CDBG) funded Economic Development Fund; and WHEREAS the CDBG Economic Development Fund was approved within Iowa City's Annual Action Plans for FY03 and FY04 as parts of the City's 2001-2006 Consolidated Plan (CITY STEPS), as amended, to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City has disseminated information and the Iowa City City Council Economic Development Committee held a public meeting to discuss said project; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that the proiect submitted by Extend the Dream Foundation for micro-enterprise support be allocated $60,000; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that these funds be in the form of a three-year (3 year) grant; and WHEREAS, the City Council finds that the public interest will be served by an allocation of CDBG funding for said project to create employment opportunities and support micro-enterprise development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, THAT: 1. The City Manager is hereby authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. 2. The City Manager is authorized to execute, terminate or amend an agreement(s) with Extend the Dream Foundation for activities in connection with this allocation of public funds. Passed and approved this 161:h dayof 2003. MAYOR ATTEST: 7~/~Z~,¢2 /~. CITY'CLERK City Attorney's Office ecodev/res/extenddreamdoc Resolution No. 03-377 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTA I N: X Champion X Kanner × Lehman X O'Donnell X Pfab X Vanderhoef Wilbum X City of Iowa City MEMORANDUM DATE: December 9, 2003 TO: City Council FROM: Steven Nasby, Community and Economic Development Coordinato~ft~ ) RE: Recommendation on CDBG Economic Development Funding - Extend the Dream Foundation Extend the Dream Foundation (EDF) is a 501(c)(3) non-profit organization that is operating a business incubator and providing assistance to develop retail micro-enterprises that are operated by persons with disabilities. The storefront is located at 401 $. Gilbert Street. EDF is an umbrella organization designed to assist micro-enterprises through the provision of commercial space and support services. There are currently five micro-enterprise businesses co-located at 401 S. Gilbert Street that are under development. These CDBG funds will provide for a continuation of a project that was funded in FY02. Employment opportunities will include at least five retained jobs (owners) and new one full-time equivalent position. On November 4, the City Council Economic Development Committee voted to recommend $60,000 in funding for this project. CDBG funds will be used for the payment of the lease to allow for the continued operation of the business incubator. The Council Economic Development Committee is recommending financing as a grant that is evenly distributed over three years. A resolution approving the CDBG funds and the financing terms is on the December 16 Council agenda for your consideration. If you have questions regarding this project or need additional information please contact me at 356-5248. A complete copy of the application by FDF is available in the October 30 Council Information Packet. Cc: City Manager Karin Franklin, Director of Planning and Community Development 14 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 03-378 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN ADDENDUM TO THE AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY, THE IOWA DEPARTMENT OF TRANSPORTATION AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE NORTH DODGE STREET PROJECT, STP-1-5(69)--2C-52. WHEREAS, the City of Iowa City and the Iowa Department of Transportation has contracted for engineering consultant design services with Howard R. Green Company by approval of resolution #02-32; and WHEREAS, the City of Iowa City and the Iowa Department of Transportation desires to have the design of the south interchange of Interstate 80 and North Dodge Street to be completed as part of this contract; and WHEREAS, the City of Iowa City has negotiated an Addendum to the existing Agreement for said 'consulting services; and WHEREAS it is in the public interest to enter into said Addendum to the Consultant Agreement with Howard R. Green Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Addendum to the Consultant's agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Addendum to the Consultant's Agreement in triplicate. Passed and approved this 16th day of December* ,20 03 Approved by A CI'I'~2ERK ~ Resolution No. 03-378 Page 2 It was moved by Vanderhoef and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Howard R. Green Company North Dodge Street (Iowa 1) Improvements Project Project No. 177070-J01 Supplemental Agreement No. Three Iowa City, Iowa SUPPLEMENTAL AGREEMENT NO. THREE NORTH DODGE STREET IMPROVEMENTS PROJECT - DUBUQUE, IOWA PROJECT NO: STP-1-8(69)--2C-52 This Supplemental Agreement No.3 made and entered into this I~,'~N . day of 'b~.~,,~, 2003, by and between the Iowa Department of Transportation, hereinafter referred to as the "State," the City of Iowa City, hereinafter referred to as the "Financier," and together with the State hereinafter referred to collectively as the "Owners" and the firm of Howard R. Green Company, hereinafter referred to as the "Consultant." The parties hereto entered into an agreement dated January 28, 2002 for engineering services for the improvement to North Dodge Street (Iowa Highway 1) in Iowa City, Iowa, from North Governor Street to Interstate 80. The Owner desires to have the Consultant perform work related to the improvement of North Dodge Street (iowa Highway 1 ) involving the additional design period services in conjunction with the original contract. The Consultant is willing to provide said services. The scope of services to be performed by the Consultant under this Supplemental Agreement No. Three shall encompass and include all detail work, services, materials, equipment, and supplies necessary to complete the design services as defined and other related items for this project. The schedule for which the scope of services contained in the original agreement and this supplemental agreement shall be performed in accordance with the Iowa DOT "Critical Path for Project Development" schedule, with a targeted letting date of May 18, 2004. Attachment One provides detailed descriptions of the additional scope of services. Attachment Two provides a summary itemized estimated costs and fixed fee. In consideration of these services, the parties agree to the following: The estimated cost of engineering services shall be increased as shown below. Total Labor I Expenses Fixed Fee Contingency SubConsultants Total Original Agreement $502,484.00 $11,030.00 $60,298.00 $51,351.00 $234,582.20 $859,745.20 Supplemental Agreement No. One $37,925.00 $573.00 $4,551.00 $3,850.00 $0 $46,899.00 Supplemental Agreement No. Two $3,395.00 $176.00 $407.00 $357.00 $0 $4,335.00 Supplemental Agreement No. Three $47,137.00 I $767.00 $5,656.00 $0.00 $1,250.00 I $54,810.00 Total Current Contract $590,941.00 I $12,546.00 $70,912.00 $55,558.00 $235,832.20 $965,789.20 Except as specifically amended by this Supplemental Agreement, all the terms and conditions of the original Agreement dated January 28, 2002 shall remain in full force and effect. ! O:\PRO J\177070j0 l\administrative\contract~agmt-112103-1ChwylS3 doc 11/24/03 Howard R. Green Company North Dodge Street (Iowa 1) improvements Project Project No. 177070-J01 Supplemental Agreement No. Three Iowa City, Iowa IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed by their proper officials thereunto duly authorized as of the dates below indicated. Consultant: Financier: ~ _ .,,9 Iowa Department of Transportation Signed'~('-/t.~¥'~/''? ''''~),,~.,,,~.~ .~,.Z.t,,...~_.J Z/ .~,,. ,-'~ ~'/ Higl~wayDivision Sign~~.Z~,~,~,,,.~epted for Authorization Title Vice President Title F1a vor By ~ ~,, ~'~-- I~cal Systems Engineer, District 6 Date Date December ],6 , 2003 Date ~, ~.,~ , ,Z.~t~3 - ltli or ey's Office 2 O:\PROJ\177070j0 l\administrative\contract\agmt-112103-1ChwylS 3 doc 11/24103 Howard R. Green Company North Dodge Street (Iowa 1) Improvements Project Project No. 177070-J01 Supplemental Agreement No. Three Iowa Ci[y, Iowa ATTACHMENT ONE ADDITIONAL SCOPE OF SERVICES This Supplemental Agreement amends the Scope of Services of the original Agreement for Professional Services - North Dodge Street (Iowa 1) Improvements Project. The changes to the original project scope include additional effod to: complete design of modifications to the southern ramp terminals of the 1-80 interchange with Dodge Street; one additional parcel appraisal; and additional administrative effort associated with these modifications. The following Supplemental Agreement shall include the services to complete the following tasks: Task A - DesiRn Interim Improvements to the Southern Ramp Terminals of the 1-801North Dodge Street InterchanRe ($40,627) Task A. 1 - Survey Complete additional topographic survey along the 1-80/North Dodge Street Interchange ramps to allow for design and construction of interim interchange improvements. Edge of pavement, edge of shoulder, culvert flow lines, ditch elevations and other physical features will be surveyed and incorporated into the existing base map. Northbound and southbound lanes of North Dodge Street will be surveyed between ramp terminals and the bridge over 1-80. Additionally, 400' of the eastbound entrance ramp wil~ be surveyed. Task A.2 - Preliminary Design Task A.2.1 - Concept Design Modifications and Evaluation Modify the concept plan for the 1-80/Nodh Dodge Street Intemhange modifications to mesh with the original Dodge Street project and provide for improved flow from the eastbound 1-80 off-ramp to the north & east. This includes a review of lane geometrics and traffic operational analysis of the southern ramp terminals. The modified concept plan will be prepared & recommendations submitted to the Technical Advisory Committee for discussion. Task A.2.2 - Preliminary Design of Selected Alternative Preliminary design will begin once the concept design is approved. Preliminary design will include refinement of roadway geometrics, signalization, grading, drainage and right-of-way needs. Construction staging and maintenance of traffic will be reviewed in the context of the overall proposed improvements for the North Dodge Street Project. In addition, modification of the Dodge Street roadway between the southern ramp terminals and the bridges over 1-80 will be modified to correct the excessive existing superelevation. Also, permanent traffic signals for the intersection Dodge Street with the southern ramp terminals will be included in the preliminary design. Task A.2.3 - Opinion of Probable Construction Cost Prepare opinion of probable construction cost for the proposed interchange modifications. The cost opinion shall be based on representative project elements and based on recent bid information. Task A.3 - Check Plans The level of detail for this task shall be according to the Guidelines for Design and Development of Local Pubic Agency (LPA) Final Plans for Federal-Aid Projects. Upon completion of the Check plans, the design plans will be approximately 90 percent complete. The submittal of check plans shall be completed on or before the date established in the "Critical Path for Project DeveJopment" schedule. Task A.3.1 Incorporate Comments from Preliminary Design The Consultant will respond to comments resulting from the Iowa DOT Preliminary Plan Review. Recommended modifications will be incorporated into the plan set. o:\P ROJ\17?oT0j0 l~dministrative\cont ract\agmt-112103-1ChwylS3 doc 11/24/03 Howard R. Green Company North Dodge Street (Iowa 1) Improvements Project Project No. 177070-J01 Supplemental Agreement No. Three Iowa City, Iowa Task A.3.2 Check Plan Preparation The Consultant will modify the prepare check plans to incorporate the proposed ramp modifications, which will generally include the following tasks for this project: Typical Sections (B Sheets} - This item consists of final design and drafting of typical cross-sections to be utilized for the improvements. Quantity Sheets (C Sheets) - This item consists of final bid items to be included in the Project as well as final quantity tabulations and the development of the general notes and estimate reference information. This item also includes the final design and tabulation of the erosion control measures to be provided on the Project. Plan and Profiles (D and E Sheets) - This item consists of the final design and drafting of roadway plan and profile sheets, including the detail information required for plan approvals, and construction of the proposed improvements. This task also consists of the final design and drafting for the installation of new utilities and utility adjustments, which can be determined from coordination with the utility companies at the time of design. This also includes final drafting of the existing and proposed right-oF way information. Utility Sheets (F Sheets} - This item consists of final design and drafting of storm sewers, storm sewer inlets, manholes, open ditches, and all other storm drainage related facilities on the Project. Reference Ties and Bench Marks (G Sheets) - This item consists of assembling reference ties to the plan control points and the bench mark data used to develop the plans and to be preserved though out construction of the project. This also includes preserving any Government Corners, which are found in the vicinity of the proposed construction. Staging and Traffic Control (J Sheets} - This item consists of final design and drafting of the construction traffic control plans. Pavement Markinqs and Traffic Si,qnin.q (K Sheets) - This item consists of final design and drafting of the permanent traffic control plans. Geometric Staking Details (L Sheets} - This item consists of the final design and drafting of jointing details, spot elevations, and geometric layouts for all non-typical pavement areas. Includes design for parking lot and entrance modifications. And also includes analyzing the effects proposed improvements will have on drainage, grades and on-site traffic circulation patterns. Traffic Signal Desiqn (N Sheets} - This task consists of the final design and drafting of traffic signals at the designated location. Included in this task will be the signal layout and signal interconnect system plans, wiring diagrams, major equipment, poles, signal heads, quantities, special provisions, conduit, wiring and other elements of the traffic signal installations, as necessary to accommodate the roadway design, as well as phasing and timing of traffic signals. Roadway Lighting Plans (P Sheets) - This task consists of final design and drafting of roadway lighting. Included will be the determination of pole heights, pole spacings, mast arm lengths, light pole base designs, types of luminaries, electrical and wiring diagrams, and power sources meeting the minimum requirements of the City of Iowa City and Iowa DOT. Details will be provided for foundations and anchoring systems for the light structures. Landscapinf:l Plans (R Sheets) - This task consists of final design, plan preparation and drafting of landscape features. Also includes detailed quantity takeoffs, preparation of special provisions, and final cost estimate. Included will be the following surface plan items: 4 O:\PROJ\177070101\administrative\contract~agrnt-112103-1Chwy1S3doc 11/24/03 Howard R. Green Company North Dodge Street (Iowa 1) Improvements Project Project No. 177070-J01 Supplemental Agreement No. Three Iowa City, iowa · Finalize the location, dimensions, elevations of all landscape features such as tree planting areas, planting areas and other features. · Provide typical cross-sections through various areas showing the depth, materials, and method of installation to be used. · Prepare special details to illustrate the desired intent wherever plans and typical details do not adequately convey the design intent of a particular element. Tabulations of Earthwork Quantities (T Sheets) - This item consists of final design and tabulation of the eadhwork quantities. Special Construction Details (U Sheets) - This item consists of the final design and drafting of miscellaneous details not included in the other items. Included are such items as special grading details, culvert details not included in the standard drawings, special storm sewer or manhole details not included in the standard drawings, special paving details and other required details. This task also consists of design of retaining wall structures, including special details, as required. Design Cross-Sections (W, X Sheets) - This item consists of the final design and drafting of individual cross-sections for the Project. Cross-sections will be designed and drawn at 50-foot maximum intervals, with additional cross-sections included as necessary. Cross-sections will show the existing ground elevations as well as the final project grading, including foreslope and backslope information, special subgrade treatment, ditches, pavement replacement, and other pertinent information. Task A. 3.3 - Incorporate Comments from Check Plan Review The Consultant will respond to comments resulting from the Iowa DOT Check Plan Review. Recommended modifications will be incorporated into the final plan set. This task also includes final modifications of Special Provisions. Task A.3.4 - Final Plans The level of detail for this task shall be according to the Guidelines for Design and Development of Local Pubic Agency (LPA) Final Plans for Federal-Aid Projects. The submittal of final plans shall be completed on or before the date established in the "Critical Path for Project Development" schedule. Task B - Contract Mana,clement ($12,933) Task B.1 Development of Project Instructions, Schedule, Detailed Work Plan and Scope Prepare written instruction for project staff, providing background, schedule and budget information and other important elements for the project. Establish a detailed project scope and project schedule indicating critical dates, mirestones, and deliverables. Prepare a detailed work plan with specific staff assignments, by task, corresponding to the schedule. Task B.2 Coordination with the Technical Advisory Committee. Maintain communications with the Technical Advisory Committee (TAC), including the City of Iowa City, and Iowa DOT. Meet with the Technical Advisory Committee to review progress and to discuss specific elements of the project design (assume five (5) meetings in Iowa City). The meetings will also serve to establish schedules, develop project goals, establish initial design parameters, promote a dialog between the various entities, improve the decision-making process, and expedite design development. Prepare minutes of meetings and keep documentation of other communications. For budget purposes, it is assumed that the meetings will be attended by two (2) staff members of the Consultant. Task B.3 Project Monitoring and Progress Reports Maintain the system for monitoring progress and expenditures to allow monthly tracking by task. Prepare and submit monthly progress reports outlining the following: $ O:\PROJ\177070j01~administrative\contract~agmt-ll2103-1ChwylS3.doc 11/24/03 Howard R. Green Company North Dodge Street (Iowa 1) Improvements Project Project No. 177070-J01 Supplemental Agreement No. Three Iowa City, Iowa · Activities during the reporting period, · Activities planned for the following month, · Problems encountered and recommended solutions, and · Overall status. The project duration is assumed to be 6 months. Task B.4 Quality Control Plan Establish review and checking procedures for project deliverables. Designate responsibility for implementation of the plan. Task B.5 Subconsultant Management Prepare subcontracts and work orders for Subconsultants. Monitor Subconsultant activities. Review Subconsultant invoices and submit to the State for payment. Coordinate Subconsultant activities with Hawks Design and Cook Appraisal. There will be one (1) meeting held with Hawks Design. Task C - Real Estate Services ($1,250) Task C.1 Appraisals The Consultant shall obtain the services from an independent fee appraiser for the purpose of determining lease interests, fair market value of land and improvements to be acquired and any severance damage to the remainder. The appraisals shall be completed using Iowa DOT forms and standards. One additional appraisal will be completed for the Sinclair Oil Corporation property. O:\PROJ\177070j01 \administrative\contracflagmt-112103-1Chwyl S3.doc 11/24/03 Howard R. Green Company North Dodge Street (Iowa 1) Improvements Project Project No. 177070-J01 Supplemental Agreement No. Three Iowa City, Iowa ATTACHMENT TVVO ITEMIZED ESTIMATED COSTS AND FIXED FEE 7 O:\PROJ\177070j01 \administrative\contract~agmt-I 12103-1Chwyl S3.doc 11/24/03 Estimated Budget - Howard R. Green Company North Dodge Street (Iowa 1) Improvements Project Iowa City, Iowa Attachment Two Direct Salary Costs: 17,916.52 Indirect Salary Costs: 163.09% of Direct Salary Costs 29,220.05 Subtotal: $ 47,137.00 Expenses: GPS Equipment 600.00 Reproduction/Photography 100.00 Travel: Survey Vehicle 32.50 Car 36.00 Subtotal: $ 767.00 Fixed Fee: 12% of (Direct Salary + Indirect Salary) 5,656.00 Contingency: 10% of (Direct Sal. + Indirect Sak + Expenses) Subtotal Howard R. Green Company: $ 53,660.00 Subconsultants: Cook Appraisal $ t ,260.00 Grand Total: $ 54,810.00 CONSULTANT: Howard R Green Co ATTACHMENT TWO DATE: 11/24/2003 POSITION TOTALS TASK DESCRIPTION i i PIC i SPM PM ] SE Sen Eng TecH Eng Tech II CADD Tech II Crew Chief ~ Survey Tech j Admin As't $ 87 28 $ 48 25 $ 35 39 $~ ~ 2 75 $ 25 24 $ 2 52 $ 19.41 $ ~02i $ 1413 $ 1537 HOURS SALARY TaskA. 1 -Survey ~, 4 i 8 i 16 i 16 i 44 $ 851.32 Task A.2 - Preliminary Design i i ! ~, i i $ ~,.21 - Concept Desi,gn Modifications & Evaluation i 2 2 i i 2 i :, 6 $ 17882 A.22 - Preliminary Design of Selected Alternative i 16 i i 116 i i 116 i i 248 $ 5,54656 A 2 3 - Opinion of Probable Construction Cost i 2 i 12 i i i i 2 16 $ 38824 ~,3 1 - Incorporate Comments from Concept Design 2 i 8 i i 8 i 18 $ 42578 A 3 2 - Check Plan Preparation ' 6 116 i 116 i 238 $ 5,06406 A.33 - Incorporate Comments from Check Plan Review ~= 2 [ i 8 i i 12 r i 22 $ 503 42 A34- Final Plans ~= 2 8 i i 16 i i 26 $ 581 06 Task B.t - Development of Project Instructions, i~ i! Schedule, Detailed Work Plan and Scope 11~ 24i 8ii i i" ! i *!!! 2 34 $ 1.45002 Task B.2 - Coordination with the Technical Advisory i ~, i ~ 2 18 $ 80274 Task B.3 - Project Monitoring and Progress Reports i 16 i i ' 1-ask B,4 - Quality Control Plan 1 i 16 i i Task B.5 - Subconsultant Management 2 ! i 2 ~ i i 2 6 $ 17074 Expenses GPS i i i Mileage - TASK DESCRIPTION Equipment ! Appraisal i Repro/Photo i Survey i Mileage- Car i Misce#aneou., Total $ 30000 i $ 1,250.00 i $ 100 j $ 065 i $ 035 i $ 1.00 Southern Ramp Terminals of the 1-80 In erchan§e 21 i 1°°i 501 i $73250 Fask B - Contract Mana,qemen i i i i 1°°i $35.00 ~'ask C - Real Estate Services i i i ! ! $1.250.00 total Quantity 2[ 1 ! 100! 50! 1001