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