HomeMy WebLinkAbout2010-12-07 Resolution4b 3
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO.
10-506
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/her filing an application, having endorsed thereon
the certificates of the proper city officials as to having complied with all regulations and
ordinances, having a valid beer, liquor, or wine license/permit, to wit:
Studio 13 - 13 S. Linn Street
Summit - 10 S. Clinton Street
.Passed and approved this 7th day of December
2010
~~
MAYOR
Approved by
ATTEST: ~~~~ ~ ~~ ~.~~~ ~-~~-
CIT CLERK City Attorney's Office ~ (~~,~~
It was moved by Champion and seconded by Wright the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
g Dickens
x Hayek
~ Mims
_
x Wilburn
~_ Wright
M~U - -
4c 1
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. ~ n-SOS
RESOLUTION SETTING PUBLIC HEARING FOR JANUARY 10, 2011, ON A
PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 416
DOUGLASS COURT.
WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the
University of Iowa and the City to encourage home ownership and reinvestment in designated
neighborhoods surrounding the University of Iowa; and
WHEREAS, the City has received a $1.25 million I-Jobs grant to assist in the acquisition and
rehabilitation of twenty-five single family homes to provide affordable housing in designated
neighborhoods surrounding the University of Iowa; and
WHEREAS, Resolution 09-384 authorized the City to acquire and rehabilitate properties
consistent with the grant agreement for I-Jobs funds for the UniverCity Neighborhood
Partnership Program; and
WHEREAS, the City purchased and rehabilitated a single family home located at 416 Douglass
Court, Iowa City; and
WHEREAS, the City has received an offer to purchase 416 Douglass Court for the principal
sum of $84,500 (the amount the City paid to acquire the home), plus the "carrying costs", which
are all costs incurred by the City to acquire the home, maintain it and sell it, including
abstracting and recording fees, interest on the loan to purchase the home, mowing and snow
removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate
the home; and
WHEREAS, this sale would provide affordable housing in a designated area surrounding the
University of Iowa; and
WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase
of the home.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. The City Council does hereby declare its intent to convey a single family home located at
416 Douglass Court, Iowa City, Iowa, also known as Lot 32, Wise Addition, for the sum of
$84,500, plus the "carrying costs".
Resolution No. 10-507
Page 2
2. A public hearing on said proposal should be and is hereby set for January 10, 2011, at
7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street,'
Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to
cause notice of said public hearing to be published as provided by law.
It was moved by Champion and seconded by Wright the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_ Bailey
x Champion
_~~ Dickens
~_ Hayek
x Mims
X Wilburn
~_ Wright
Passed and approved this 7th day of December , 2010.
n
MAYOR
ATTEST: ~ ,c~c,~.u~ ~ ~~~t-~
CITY LERK
Approved by
City Attorney's Office
M F~
4d 1
Prepared by: Denny Gannon, Assistant City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142
RESOLUTION NO. ~ n-SnR
RESOLUTION ACCEPTING THE WORK FOR THE WATER MAIN, STORM
INTAKES, AND PAVING PUBLIC IMPROVEMENTS FOR AUDITOR'S PARCEL
2004016 (WOOLF AVENUE EXTENSION), AND DECLARING PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE.
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City:
Storm intakes and water main improvements for Auditor's Parcel 2004016 (Woolf Avenue
Extension), as constructed by Maxwell Construction, Inc. of Iowa City, Iowa.
Paving improvements for Auditor's Parcel 2004016 (Woolf Avenue Extension), as
constructed by Streb Construction Co., Inc. of Iowa City, Iowa.
WHEREAS, the maintenance bonds have beeri filed in the City Engineer's office; and
WHEREAS, the traffic control signs have been installed.
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 and
that all dedications and public improvements are previously set aside as not being open for public
access are hereby formally accepted and declared open for public access and use.
Passed and approved this 7th day of ecember , 2010.
/~
MAYOR
Ap roved by
-y~~ ~ ts0~ ~~ r~'~
ATTEST:®~ A
CITY CLERK City Attorney's Office ~~,/~ /~~
It was moved by C:ham~i on and seconded by wri~,ht the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
~_
x
X
~_
~_
_~_
x
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
Pweng/res/woolfaveext-ACPTW ORK-10.doc
12/10
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CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 5 2240- 1 826
(319) 356-5000
(319) 356-5007 FAX
www. icgov.org
ENGINEER'S REPORT
December 1, 2010
Honorable Mayor and City Council
City of Iowa City, Iowa
Re: Auditor's Parcel 2004016 (Woolf Avenue Extension)
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the water main, storm intakes, and paving improvements
for Auditor's Parcel 2004016 (Woolf Avenue Extension) has been completed in substantial
accordance with the plans and specifications of the Engineering Division of the City of Iowa City.
The required maintenance bonds are on file in the City Engineer's Office for the storm intakes,
and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and
for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa.
I recommend that the City of Iowa City accept the above-referenced improvements.
Sincerely,
__
Ronald R. Knoche, P.E.
City Engineer
pwenglen g rpt-woolfal veext.doc
^;'_,_r®~ CtTY O~F tOWA CITY 7
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Date: December 2, 2010
To: City Council
From: Wendy Ford, Economic Development Coordinator
Re: Towncrest Urban Renewal Plan Public Hearing Continuation
At your October 11 Council meeting, you passed a Resolution of Necessity, setting into play the
process to approve the proposed Towncrest Urban Renewal Plan and setting a public hearing
on such Plan for November 16.
This item was originally on your Nov. 16 agenda, but was deferred to give the Planning and
Zoning Commission time to consider it. The Commission did consider it at their Nov. 18 meeting
and has recommended it for your approval. This Urban Renewal Plan will enable Tax Increment
Financing to be used in the Towncrest Redevelopment Area.
Staff will be present at the Dec. 7 meeting, should you have any questions.
cc: Jeff Davidson
Bob Miklo
Sara Greenwood-Hektoen
Memo to CC re PH 3.doc
Section 3. That the Towncrest Urban Renewal Plan Area, is both a slum and blight and
economic development area within the meaning of Iowa Code Chapter 403; that such areas are
eligible for designation as an urban renewal area and otherwise meets all requisites under the
provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation,
redevel ment, development, or a combination thereof, of such area is necessary in the interest
of the pub ~c health, safety or welfare of the residents of this City.
Section .That the Towncrest Urban Renewal Plan, attached hereto as Exhibit A and
incorporated herei by reference, be and the same is hereby approved and ad ted as the
"Towncrest Urban R ewal Plan for the Towncrest Urban Renewal Plan a"; the Towncrest
Urban Renewal Plan fo uch area is hereby in all respects approved; and e City Clerk is
hereby directed to file a ce ~fied copy of said Towncrest Urban Renewa Plan with the
proceedings of this meeting.
Section 5. That the Townc t Urban Renewal Plan for the owncrest Urban Renewal
Plan Area shall be in full force and e ct from the date of this res ution until the later of the
date of termination set forth in the Tow rest Urban Renewal Pl n or the date on which
payment of all obligations issued or advan s made to carry o the purposes thereof shall be
fully provided for. Said Towncrest Urban Re ewal Plan shal e forthwith certified by the City
Clerk, along with a copy of this Resolution, to e Recorder or Johnson County, Iowa, to be
filed and recorded in the manner provided by la
PASSED AND APPROVED this da}~ , 2010.
Mayor
ATTEST:
City Clerk
-3-
M ~~
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Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 {319) 356-5248
RESOLUTION NO. t n-S~g
A RESOLUTION DETERMINING THE TOWNCREST URBAN RENEWAL AREA OF
THE CITY TO HAVE CONDITIONS OF SLUM AND BLIGHT AND TO BE AN
ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION,
CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION
THEREOF, OF SUCH AREA 15 NECESSARY IN THE INTEREST OF THE PUBLIC
HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY;
DESIGNATI ANDUADOPTINGATHEPTOWNCIRESTF URBAN URENEWALN PLAN
PROJECT,
THEREFOR.
WHEREAS, the Council has reasonable cause to believe that the area described below
satisfies the eligibility criteria for designation as an urban renewal arc under Iowa law; and
WHEREAS, a proposed Towncrest Urban Renewal Plan for the area described below
has been prepared, which proposed Plan is on file in the office the City Clerk and which is
incorporated herein by reference; and
WHEREAS, this proposed Urban Renewal Plan includes and consists of:
Lots 1-4, Block 5; Block 6; Lots 1-4, Block 7; the N 100' of Lat 1 & the E 22' of the N
100' of Lot 2, Block 14; and the S 75' of Lot 8 & the E 10' of the S 7S' of Lot 7, Block 15, and
to the centerline of a21 adjacent rights-of way, East Iowa City Subdivision, Iowa City, Iowa,
according to the plat thereof; and
Lots 5-19, Block l; Lots 8-10, Block 2; and Lots 7-9, Block 3, and to the center line of
alI adjacent rights-of--way, Towncrest Addition, Iowa City, Iowa as shown on the plat thereof
recorded at Book 4, Page 323 of the Johnson County Recorder; and
Commencing at the northwest corner of Lot 12, Block 1, Towncrest Addition, then
north 200', then east 107.5', then south 200', then west 107.5', and to the centerline of the
adjacent rights-af--way; and
Blocks 1 & 2, and Lots 1 & 2, Block 3, and to the centerline of all adjacent rights-or-
way, Towncrest Addition Part Two Revised, Iowa City, Iowa, as shown on the plat thereof
recorded at Book 6, Page 6 of the Johnson County Recorder; and
Commencing at the NE corner of Lot 1, Black 1, Towncrest Addition Part Two
Revised, thence E 160', thence S 148', thence W 160', thence N 148', and to the centerline of
the adjacent Muscatine Avenue right-of--way; and
The real estate north of and adjacent to Muscatine Avenue between First Avenue and
Waters First Addition, excluding the Memory Gardens Cemetery.
This area contains approximately 49.3 acres.
Resolution No. 1
Page 2
WHEREAS, it is desirable that these areas be redeveloped as part of the overall
redevelopment area covered by said proposed Urban Renewal Plan to be known hereafter as the
"To~vnerest Urban Renewal Plan;" and
WHEREAS, the Iowa statutes require the City Council to submit the proposed
Towncrest Urban Renewal Plan to the Planning and Zoning Commission for review and
recommendation as to its conformity with the General Plan for development of the City as a
whole, prior to City Council approval of such urban renewal project and an urban renewal plan
therefore; and
WHEREAS, creation of the Towncrest Urban Renewal Plan Area and adoption of the
Towncrest Urban Renewal Plan therefore ltas been approved by the Planning and Zoning
Commission for the City as being inconformity with the general plan for development of the
City as a whole, as evidenced by its written report filed herewith and incorporated herein by the
reference; and
WHEREAS, by a resolution adopted on October 11, 2010, this Council directed that a
consultation beheld with the designated representatives of all affected taxing entities to discuss
the proposed Towncrest Urban Renewal Plan and the division of revenue described therein, and
that notice of said consultation and a copy of the proposed Towncrest Urban Renewal Plan be
sent to all affected taxing entities; and
WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the
City council and all required responses to the recommendations made by the affected taxing
entities, have been timely made as set forth in the report of t}te Economic Development
Coordinator filed herewith and incorporated herein by the reference, which report is in all
respects approved; and
WHEREAS, by said resolution this Council also set a public hearing on the adoption of
the proposed Towncrest Urban Renewal Plan for this meeting of the Council, and due and
proper notice of said public hearing was given, as provided by law, by timely publication in the
Press Citizen, which notice set for the time and place for this hearing and the nature and
purpose thereof; and
WHEREAS, in accordance with said notice, all persons or organizations desiring to be
heard on said proposed Plan, both for and against, have been given an opportunity to be heard
with respect thereto and due consideration has been given to all comments and views expressed
to this Council in connection therewith and said public hearing has been closed.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF TI-IE CITY
OF IOWA CITY, IOWA:
Section 1. That the findings and conciusiotts set forth or• contained in the proposed
"Towncrest Urban Renewal Plan" for the area of the City of Iowa City, Iowa legally described
and depicted in the Plan and incorporated herein by reference {which area shall hereinafter be
known as the "Towncrest Urban Renewal Plan Area"}, be and the same are hereby adopted and
approved as the findings of this Council for this area.
Section 2. This Council further finds that the Towncrest Urban Renewal Plan conforms
to the general plan for the development of the City as a whole; and.
Resolution No. 10-509
Page 3
Section 3. That thc'I'owncrest Urban Renewal Plan Area, is both a shun and blight and
economic development area within the meaning of lo~va Coclc Chapter 403; that such areas are
eligible for designation as an w•ban renewal area and othet~vise meets all requisites under the
provisions of Chapter 403 of the Cade of Iowa; and that the rehabilitation, conservation,
reclcvelopcncnt, development, or a combination thereof, of such area is necessary in the interest
of the public health, safety or welfare of the residents of this City.
Section 4. That. the Towncrest Urban Renewal Plan, attached hereto as T;xhibit A and
incorporated herein by reference, be and the same is hereby approved and adopted as the
"Towttcrest Urban Renewal f lan f"or the "I'ownerest Urban Renewal Plan Area"; the "I'owncrest
[h~ban Renewal Plan for such area is hereby iu all respects approved; and the City Clerk is
hereby directed to file a certifies! copy of saki 'I'owncrest Urban Renewal flan with the
proceedings of this meeting.
Section 5. That the Towncrest Urban Renewal Plan for the Totivncrest Urban Renewal
Plan Area shall be in full force and effect from the date of this resolittian until the later of the
date of termination set forth in the Towncrest Urban Renewal Plan or the date on which
payment of alt obligations issued or advances made to carry out the purposes thereof shall be
fully provided far. Said Towncrest Urban Renewal Plan shall be forthwith cet•tified by the City
Clerk, along with a copy of this Resolution, to the Recorder for Joluisou County, Iowa, to be
filed and recorded in the matuter pt'ovidecl by law.
PASSED AND APPROVED this 7th day of December , 2010.
Mayor
ATTEST:
C-"ity Clerk.
Appr ved by:
,~ , ,
City Attorney /~ ?rf~lj~t
Resolution No. 10-S~g-
Page 4_
Bailev and seconded by Wilburn _ the Resolution be
It was moved by
adopted, and upon ro}I call there were:
AYES;
x
_X..__
__~8__-
X
x
_x
_._K-_.
NAYS: ~ ABSENT:
Bailey
______ Champion
Dickens
Hayek
Mims
Wilburn
_`____ Wright
wpdata/glossary/resotuUon-k.doc
,_,-r®,~ CITY 4F tC~WA CITY
. ,~~,~~ M D RA
ME
~~
Date: December 3, 2010
To: City Council ~~
From: Wendy Ford, Economic Development Coordinator ~' U
Re; Consultation with taxing entities on the Towncrest Urban Renewal Area
As requirements far adopting the Towncrest Urban Renewal Plan, the purpose of this report is
to document the following:
A Resolution of Necessity to consider an urban renewal plan for Towncrest was adopted by City
Council on October 11, 2010.
On October 9, notice of a consultation to be held between the City of fovea City and all affected
taxing entities concerning the proposed Towncrest urban renewal area was published, and
individual letters of invitation were also sent to the taxing entities.
The consCi~atHall /Rod Sul a~cofbhe JohnOsaOn Cou~ty i3oard of Supelrvisoas attendedonference
Room in y
State law requires that the taxing entities must submit any written recommendations for
modification to the proposed division of revenue within 7 days after the consultation. There were
no submissions.
The Resolution of Necessity also requires that the Planning and Zoning Commission review the
proposed urban renewal plan for its conformity with the Comprehensive Plan. The commission
did so at their meeting on November 18, 2010 and by a vote of 7 - 0 found #hat the plan
conforms to the Iowa City Comprehensive Plan, and recommends it for adoption. (See attached
memo from Ann Freerlcs, Chair of the Planning and Zoning Commission.)
r CITY OF IOWA CITY
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Date: December 3, 2010
To: City Council
Ann Freerks, Chair, Planning and Zoning Commission
From:
Re: Planning and Zoning Commission Review of the Towncrest Urban Renewal Area
At its regular meeting of November 18, 2010, the Planning and Zoning Commission reviewed
the Towncrest Urban Renewal Area Plan for its conformity with the Iowa City Comprehensive
Plan. By a vote of 7 to 0, the Planning and Zoning Commission found that the Towncrest Urban
Renewal Plan conforms to the Iowa Ci#y Comprehensive Plan. A detailed discussion of the
Commission's review is contained in the November 18 meeting minutes (attached}.
PRELIMINARY
PLANNING AND ZONING COMMISSION
NOVEMBER 18, 2010 - 7:00 PM -FORMAL
CITY HALL, EMMA HARVAT HALL
MEMBERS PRESENT: Ann Freerks, Josh Busard, Charlie Eastham, Elizabeth Koppel,
Michelle Payne, Wally Plahutnik, Tim Weitzel
MEMBERS ABSENT: None
STAFF PRESENT: Bob Miklo, Sara Greenwood Hektoen, Wendy Ford, Christina
Kuecker
OTHERS PRESENT:
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 7.0 to forward a recommendation to the City Council stating that
the Towncres# Urban Renewal Plan conforms to the Iowa City Comprehensive Plan.
The Commission voted 6.0 (Eastham abstaining} to recommend approval of REZ10-
00015, arezoning to establish a Design Review Overlay ~ODR) Zone for approximately
49.3 acres of property located near the intersection of 1' Avenue and Muscatine Avenue
(Towncrest).
A. CALL TO ORDER:
The meeting was called to order at 7:00 PM.
B. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
C. TOWNCREST URBAN RENEWAL PLAN AND DESIGN REVIEW OVERLAY DISTRICT:
1. Discussion of the Towncrest Urban Renewal Plan and establishment of an Urban
Renewal Area for approximately 49.3 acres of property located near the
intersection of 1$' Avenue and Muscatine Avenue.
Planning and Zoning Commission
November 18, 2010 -Formal
Page 2 of 8
Eastham stated that he is the President and Board Member of anon-profit which owns property
adjacent fo the urban renewal project area as well as the area up for rezoning. Eastham said
that the City Attorney has advised him that he can deliberate on the Towncrest Urban Renewal
Plan, but not in the rezoning matter. Greenwood Hektoen noted that there are specific
provisions with regards to the Urban Renewal Plan that address conflicts of interest and
Eastham's situation does not apply.
Mikio said that he wanted to point out that bath of the items before the Commission are related
and cover the same territory in the Towncrest area, and both are the result of approximately two
years of discussion with area property owners, residents, and business owners that participated
in neighborhood meetings. Mikio said the goal of those meetings was to find ways to revitalize
the Towncrest area. Mikio said that the Urban Renewal Plan will provide financial incentives for
investment in the area. The Design Review Overlay District would provide guidance for new
construction or major rehabilitations to ensure that they are consistent with the concepts being
developed in the Urban Renewal Plan. Mikio introduced Wendy Ford, Economic Development
Coordinator, to speak on the Urban Renewal District.
Ford said that staff has been working with both businesses and residents in the neighborhood
for a little more than two years, and feels that they have had ~ successful program for public
input and are very satisfied with the public input they have received. Ford said that many
businesses have left the area, particularly the medical businesses, in order to relocate to newer
developments. The area has suffered from some disinvestment over the years; while residential
values have remained steady over the past four years, commercial property values and
associa#ed property tax receipts for the area have actually dropped.
Ford said that the public meetings, which were held both as group forums and as one-on-one
meetings, showed a strong desire to retain local businesses in the Towncrest area, with special
focus on the medical services and businesses that the area has enjoyed In the past. She said
that a desire to increase the diversity of the businesses in the area and to add to the
neighborhood identity was also vocalized. Ford said that there was an expressed desire to add
green space and to improve both vehicular and pedestrian traffic in the area.
The objectives of the plan are to meet some of the stated desires of the neighborhood and to
encourage support and development that will expand the taxable value in the area. Ford said
the goal was to encourage revitalization, and to reverse the deterioration of some of the
commercial and residential properties in the area. Ford said that establishing the Urban
Renewal Plan will allow the City to provide Clty Council-approved financial assistance for
projects deemed worthy of reinvestment or redevelopment. She said that under City Council
direction, staff was able to come up with a program of financial incentives that included not only
Tax Increment Financing {TIF), but also two new programs. One of the programs is for facade
renovations and improvements which came about as a result of the realization that
redevelopment of the Towncrest area may take quite some time. Ford no#ed that it is likely that
some properties will not change hands as these redevelopment efforts take place. This
program is Intended to show the "new flavor" of the area and demonstrate that the City is willing
to help with projects that are less substantial but still create an improvement of the overall look
and feel of the area. The second program is agap-financing program which would allow for
financial assistance in situations where private financing and Investment has been secured but
there is still a gap between what financing is available and the money needed to complete the
project. Ford said that the idea is to have a program in place for projects that would tip the
balance in Towncrest and would improve the neighborhood.
Planning and Zoning Commission
November 18, 2010 -Formal
Page 3 of 8
Ford noted that the second part of the gap-financing program was a program that would provide
some up-front assistance with pre-design/development costs. This would be a matching
program intended to eliminate as many hurdles as possible for property owners looking to
reinvest in the area. Ford said that there wilt also be TIF financing available for larger-scale
redevelopment and she would be happy to explain that if the Commission was interested in
hearing more about it. Freerks said a brief explanation might be instructive for members of the
public who are not familiar with the program. Ford explained that TIF Districts essentially allow
the increase in property taxes resulting from an improvement in a property to be partially
rebated to the property-tax payer. Greenwood Hektoen noted that TIF allows the City to handle
the Increase in a number of different ways, one of which is a rebate to the property owner.
Eastham noted that there are several single family lots on the east side of First Avenue between
Wayne and Muscatine that are included in the project area. Eastham asked staff to comment
on that. Mikio said that those properties are currently zoned RS-5, l_ow-Density Single-Family.
Mikio said that the primary reason those homes were included in the redevelopment area was
because part of the discussions centered around making Towncrest more visible and accessible
to arterial streets. Mikio said that the concept plan shows the possibility of a connecting stree#
between First Avenue with Towncrest Drive. Mikio said the thought was that if a developer buys
those properties for redevelopment then the City could investigate putting the stree# through;
Mikio said that it was also possible that the City itself could purchase the homes at some point
in order to put the street through. Mikio cautioned that there was no guarantee that either
scenario would happen. He said that the properties are being included in the TIF District so that
if they are targeted for redevelopment they will be able to take advantage of those benefits. He
said they are also included in the Overlay District; however, as single family homes the current
structures would be exempt from any architec#ural review requirements.
Freerks opened the public hearing.
Kent Campion, 800 Second Avenue, said that he lives approximately two blocks northwest of
Towncrest in the RS-5 zone; his property backs up to the area in question. He said that he had
lived there for six years and had not been aware of any public meetings on this subject until the
letter he received just last week. He said that as a property owner he is naturally concerned
about the density of the development being proposed and its effects on property owners in the
area. He said that he has small children and wants to protect the value of his home, so he
wanted to talk about the type of development the City envisions for that area if it was not
premature to do so.
Mikio explained that the discussions about redevelopment have been primarily focused on the
Towncrest office park area, the Town and .Campus Apartments, and the commercial areas
south of Muscatine Avenue. Mikio said that there has been very little discussion about Hy-Vee
and Walgreen's because they are in pretty good shape. Mikio said that it is likely the City will be
coming back before the Commission with some rezoning proposals, and if those proposals
included properties on the west side of First Avenue, Campion would likely be notified by letter.
Mikio said that the plan is to encourage a mix of uses: commercial, office, medical office, and
residential. He said there is also a desire to have service-oriented businesses such as
restaurants and convenience retail. He said that while the Towncrest area was not envisioned
as a major shopping center, there was hope that there would be service and retail businesses to
serve the offices in the area. Mikio said that there was also a desire for more residential in the
form of apartments or condominiums on the upper levels of buildings.
Campion said that he has concerns about parking in the area if there is to be upper level
Planning and Zoning Commission
November 18, 2010 -Formal
Page 4 of 8
occupancy. He said that the view from his back yard changes dramatically if the changes result
in him looking at the back end of rental properties. Freerks noted that the underlying zoning far
the area he is concerned about is already CC-2 and is not proposed for change. She explained
that right now someone could purchase the properties Campion has discussed and redevelop
them with residential in the upper levels of the buildings. Freerks noted that the City does have
parking requirements that would have to be followed for any development. Miklo said that in
addition to the residential and commercial parking regulations that are already in place, it is
likely that if the area experienced large-scale redevelopment that there would be new parking
facilities or even possibly a new parking structure. Miklo noted that the lots Campton is
concerned about are probably maxed out in terms of development as not much more could be
fit onto them. He said the only way he could see those lots redeveloping was if there was some
sort of structured parking included in the plans. Campion asked where he can get more
information on this project. Freerks advised him that he could speak with staff at any time, and
that he would receive notices on the matter. Ford noted that the City website includes a section
on plans for the Towncrest redevelopment. Eastham noted that the City Council would be
considering this matter if the Commission voted to approve it this evening.
There were no further comments on the matter and the public hearing was closed.
Eastham moved that the Commission forward a recommendation to the City Council
stating that the Towncrest Urban Renewal Plan conforms to the fovea City
Comprehensive Plan.
Weitzel seconded.
Freerks invited discussion on the matter.
Payne said that she lives near the Towncrest_ area and she thinks this would be a very positive
thing for the neighborhood. She said she was at several of the community meetings and heard
residents and property owners express a desire for redevelopment and improvements like the
ones in this plan.
Plahutnik said that he visits Towncrest regularly as his physician's offices are located there. He
said that the area does need to be improved. Plahutnik said that it seemed that the general
idea is to redevelop the area in such a way as to benefit the entire neighborhood. Plahutnik
said that he hoped in the end that the development would be one that was community based
and would serve some of the needs of.the immediate area. He said the idea is to have the
commercial redevelopment make the residential areas a better place to live. Plahutnik noted
that all members of the Commission very seriously consider the impact on neighbors of any
rezoning that is before them. He said that he regards the zoning that is in place at the time of
purchase to be a sort of compact that is made with the property owner; a pretty compelling
reason is needed to break that compact, and if there is a down side to the neighbors then there
needs to be an overriding benefit to the community. Freerks noted that many of the
Commissioners have themselves lived through rezoning issues that affected their properties.
Eastham said that he has lived near the Towncrest area and received services at the medical
offices located there. He said he has attended some of the public meetings held on the matter
and is quite supportive of the concepts laid out in the plan. He said that he expects over the
next several years to see significant redevelopment of the area into an attractive neighborhood
feature. Eastham gave specific examples of the ways in which this plan conforms to the
Comprehensive Plan, saying he was very happy to support it.
Planning and Zoning Commission
November 18, 2010 -Formal
Page 5 of 8
Weitzel said that he too supported the plan. He said the design plan manual is very good and
the quantitative analysis of the area shows that it is time to take a look at redevelopment.
Declining property values represent potential problems and liabillties for the entire community
and the design plan before the Commission brings creative solutions to the table. He said that if
the redevelopment takes off it will be a bene#it to the community.
Freerks said she goes through the area regularly as her son attends Southeast Junior High.
She said that the area has some "good bones," in that it is centrally located and is close to
schools, parks, and trails. She said that these positive attributes can be worked with and
improved upon to make the area an even better one for the community. Freerks said that
redevelopment will be a long process. She said that at the public planning meetings she heard
a lot of support for the concepts being discussed this evening. Freerks said that the
redevelopment will be a benefit not only for this neighborhood but for the larger community.
She said that the plan is consistent with the Comprehensive Plan and she will be voting in favor
of it.
There were no further comments.
A vote was taken and the motion carried 7-0.
2. REZ10.00015: Discussion of rezoning to establish a Design Review Overlay (ODR)
Zone for approximately 49.3 acres of property located near the intersection of 18t
Avenue and Muscatine Avenue (Towncrest).
Eastharn recused himself.
Kuecker explained that acommunity-visioning process had been taking place for the Towncrest
area over the last two years. She said that support has been expressed for mixed uses in the
area -commercial, office, retail and residential. She said that staff had put together some
preliminary design concepts based on resident input and had shared that with the public during
the Southeast District planning meetings. The City then contracted with RDG Planning and
Design, to come up with a design plan manual for the area. She said this manual describes a
vision for how Towncrest can develop over time, with a focus on what is seen from public
spaces such as streetscapes, landscaping and building facades. Kuecker explained that there
had been a great deal of public input on the design plan before the Commission. She said that
as Towncrest lacks an identifying feature and it is difficult to know where you are going unless
you are familiar with the area, one of the significant design features is signage. Kuecker said
that another important aspect of the plan is design and architectural standards. She said that
RDG demonstrated how certain buildings could look with different architectural materials and
features. Kuecker said that RDG focused on "re-skinning" existing buildings as public input had
indicated that there was too much value in the existing buildings for them to be razed; a facelift
provides more immediate, short-term benefits.
Kuecker said that RDG also explored how open space could be incorporated into the area,
designing a green, and informal performance space, and an informal water feature, as well as
hard-scaping and landscaping. She said that there was public support for an identifying open
space feature as an asset to the area.
Kuecker said that Design Review Overlay District was one way of ensuring that design features
for the area remain consistent over time. She said projects occurring in the Towncrest area
Planning and Zoning Commission
November 18, 2010 -Formal
Page 6 of 8
would have to go through a design review committee to make sure they are consistent with the
architectural standards of the design plan manual. She said the idea is to make sure that as
redevelopment occurs over the next couple of decades all of the buildings look like they came
from the same famiess thee e~developedaaslsomething otheethan single family t from the design
rewew process un Y
Plahutnik asked if anyone had ever considered renaming the area as it was being reimagined in
order to give it a name that better fits it. Miklo said that it was possible that a business owners
association could develop as a result of these redevelopment efforts, and that it could address
issues of branding and public relations for the area. Payne said that her impression from the
publisa'd she heard complaintds that Hy-Vee was known as Fklslt Aveinue Hy-Vee r aher than the
She
Towncrest Hy-Vee.
Freerks opened the public hearing.
No one wished to speak and the public hearing was closed
Payne moved to approve REZ10-00015, a rezoning to establish a Design Review Overlay
(ODR) Zone for approximately 49.3 acres of property located near the intersection of 1'`
Avenue and Muscatine Avenue (Towncrest).
Koppes seconded.
Freerks invited discussion.
Weitzel noted that the rezoning represents the mechanics that allows the Urban Renewal Plan
to come to fruition.
Plahutnik said that this rezoning is riot chiseled into a stone tablet, and can be tweaked and
improved and changed as needed.
Freerks said that she is glad #hat the single-family homes are not included in the design review
portion. She said she thought it was important to allow the area to develop incrementally. She
thinks the rezoning is necessary to create a more unified plan.
A vote was taken and the motion carried 6.0 (Eastham abstaining).
Miklo noted that a question had come up at Monday's informal meeting about traffic on Wayne
Avenue. He said that he had discussed the issue with Transportation Planners who are aware
of traffic and parking issues in that neighborhood. He said that they are involved in discussions
about traffic calming and the possible implementations of four-way stops at some busier
in#ersections.
D. CONSIDERATION 01= MEETING MINUTES: OCTOBER 21 2010:
Plahutnik motioned to approve the minutes.
Koppes seconded.
A vote was taken and the motion carried 7-0.
Planning and Zoning Commission
November 18, 2010 -Formal
Page 7 of 8
E. OTHER:
Plahutnik said that he had noticed that the Floodplain Regulations had been passed by the City
council. He suggested Commissioners all give themselves a pat on the back even though Julie
Tallman did most of the work and answered every single question the Commission had put to
her. Weitzel said that he hoped Housing and Inspection Services continues to be diligent in
helping people through the process and letting them know when they need to flood-proof.
F. ADJOURNMENT:
Weitzel motioned to adjourn.
Payne seconded.
The meeting was adjourned on a 7-0 vote.
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Towncrest
Urban Renewal Plan
Zoio
Table of Contents
Section 1 - Introduction
Section 2 -District Designation
Section 3 -Base Value
Section 4 -Urban Renewal Plan Objectives
Section 5 -Description of Urban Renewal Area
Section 6 -Proposed Urban Renewal Activities
Section 7 -Proposed Projects
Section 8 -Conformance with Land Use Policy and Zoning Ordinance
Section 9 -Relocation of Families
Section 10 -Financial Data
Section 11 -Urban Renewal Plan Amendments
Section 12 -Property Acquisition/Disposition
Section 13 -Effective Period
Addendum No. 1 -Legal Description
Addendum No. 2 - Towncrest Urban Renewal Project Area Map
Section 1- Introduction
This Urban Renewal Plan has been developed to help local officials reduce slum and
blighted areas and promote economic development within lows City, Iowa. The primary
goal of the plan is to stimulate, through public involvement and comtnittnertt, private
investment in the revitalization of the Towncrest Urban Renewal Project Area for
commercial and residential uses.
The goals outlined in this Towncrest Urban Renewal Plan include the following, which
include goals detailed in the Iowa City Comprehensive Plan - 1997, as amended:
^ Diversify and increase the property tax base by (1) encouraging the retention and
expansion of existing industry and (2) attracting industries that have growth potential
and are compatible with existing businesses;
^ Increase employment opportunities consistent with the available labor force;
^ Provide and protect areas suitable for future commercial development;
^ Cooperate with local and regional organizations to promote economic development
within Iowa City;
^ Improve the environmental and economic health of the community through the
efficient use of resources;
^ Consider financial incentives and programs to facilitate achieving the above goals;
^ Focus commercial development in defined commercial center, including small scale
neighborhood commercial centers; and
^ Foster strong community neighborhoods with a mix of housing, churches, schools
recreation facilities, commercial areas, and historic landmarks.
In order to make development sites attractive to new and expanding businesses,
communities are frequently called upon to provide financial incentives, and programs.
Other development sites in the metro area, which already cater to commercial and office
uses, make tax increment financing available to qualifying businesses. As is consistent
with the Iowa City Comprehensive Plan, the City has concluded it is in the interest of its
citizens to encourage the development of commercial and office zoned land in order to
provide competitive development sites for these uses.
The City has identified portions of the Towncrest Urban Renewal Project Area to be slum
or• blighted areas, as defined by Iowa Code 403.17(2009). It is in the interest of its
citizens to provide financial incentives and programs in order to encourage revitalization
of such areas.
Therefore, the City intends to make available the use of tax increment financing as a
means to finance the construction of some of the necessary public infrastructure
improvements within the Towncrest Urban Renewal Project Area, referred to hereinafter
as the "Urban Renewal Project Area" or "Area". In addition, the City may make available
the use of tax increment financing to provide direct grants, loans or rebates for qualifying
commercial or residential developments that help achieve the goals and objectives set
forth herein.
To gain public input for the Plan, City staff began meeting with community stakeholders
in October of 200$ and continued through September of 2010 and discovered that
existing conditions were less than ideal. The planting process began with abroad-based
community meeting where staff listened to the concerns of residents, businesses, and the
non-profit community. Early on, stakeholders noted the following needs:
• To retain local businesses, with special attention to medical services that have been a
part of the Urban Renewal Project Area's historic character;
• To firmly establish a neighborhood identity;
• To encourage a more diverse mix of businesses;
• To address the deterioration of commercial and residential rental properties;
• To improve streetscapes and traffic circulation; and
• To create new green spaces.
Once the community expressed the broader themes for redevelopment, City staff met
with individual businesses and organizations located within the Urban Renewal Project
Area. These interviews provided staff with the suggestions necessary to flame a more
detailed plan for dte Urban Renewal Project Area. After these meetings it was decided
that any plan developed by the city should:
• Be developed in phases and implemented over time;
• Encourage mixed-use commereial/residential development;
• Adopt architectural and landscape standards to assure cluatity development;
• Seek to improve traffic circulation for vehicles and pedestrians alike;
• Provide better access and visibility from Muscatine and First Avenues;
• Create a central green space for community gatherings and to open views to
Muscatine Avenue;
• Provide a central parking facility for employee and long term parking in order to
create a mare pedestrian oriented streetscape, while providing angled store-front
parking for customers and patients;
• Consider a zoning change to allow adjacent properties to convert to townhomes over
time.
• Redevelop decaying commercial and residential rental properties located within the
Urban Renewal Project Area
To achieve the pt•imary objectives of this Plan, the City of Iowa City shall undertake the
urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers
granted to it under Chapters 15A and 403 of the 2009 Code of Iowa, as amended.
Section 2- District Designation
With the adoption of this Plan, Iowa City designates this Urban Renewal Area as a slum
and blighted area, as well as an economic development district that is appropriate foi•
residential, office and commercial development.
Section 3- Base Value
4
If the Towncrest Urban Renewal Area is legally established and debt is certified prior to
Decembec• 1, 2010, the taxable valuation within the district as of January 1, 2009, will be
considered the "base valuation". if the debt is not certified until a later date, the "base
value" will be the assessed value of the taxable property in the Urban Renewal Area as of
January 1 of the calendar year preceding the calendar year in which the City first certifies
the amount of any debt.
Section 4- Urban Renewal Plan Objectives
The overall goal of this Plan is to formulate and execute a workable program using public
and private resources to develop the Urban Renewal Project Area for retail, office,
housing, and other commercial or residential uses. The following objectives, based on
community and stakeholder input, have been established far the proposed Urban Renewal
Project Area:
^ To encourage and support development that will expand the taxable values of
property within the Urban Renewal Project Area;
^ To reverse the deterioration of commercial and residential properties within the
Urban Renewal Project Area.
^ To encourage the revitalization of commercial and residential activity iu the Urban
Renewal Project Area, in particular the revitalization of medical-related offices,
office, retail, restaurants, housing, and business and personal service establishments;
^ To provide for the orderly physical and economic growth of the City;
^ To make public improvements as deemed necessary by the City to support
commercial and residential activity within the Urban Renewal Project Area;
^ To provide financial incentives and assistance to qualifying projects and businesses as
necessary.
Section 5- Description of Urban Renewal A~•ea
The legal description of this proposed Urban Renewal Project Area is included in the
Plan as Addendum No. 1 -Legal Description.
The location and general boundaries of the Towncrest Urban Renewal Plan Area are
shown on Addendum No. 2 --Location Map: Towncrest Urban Renewal Project Area.
Section 6- Proposed Urban Renewal Activities
To meet the objectives of this Plan and to encourage the development of the Area, the
City intends to utilize the powers conferred upon it pursuant to Iowa Code Chapters lSA
and 403 (2009) and to make available financial incentives, including but not limited to,
tax increment financing for the following activities;
1. Undertake and carry out urban renewal projects though the execution of
contracts and other instruments.
5
2. Make or have made surveys and plans necessary for the implementation of the
Urban Renewal Plan or specific urban renewal projects.
3. Make loans, forgivable loans, grants, or rebates to private persons or
businesses for economic development purposes on such terms as may be
determined by the Iowa City Council, in its sole discretion.
4. Provide for the installation of infiastructure and roadway improvements.
5. Use any or all other powers granted by the Urban Renewal Act to develop and
provide for improved economic conditions in Iowa City.
6. Encourage the incorporation of energy efficient building techniques such as
those specified in the Iowa Green Building Standards, or those attaining
LEED certification, through the use of tax increment financing, in the sole
discretion of the City Council.
Section 7- Proposed Projects
Proposed projects involve activities necessary to facilitate growth in the Urban Renewal
Area and provide incentives to encourage new development to locate in the area.
Projects inchiding water, sewer, street and other infiastructure may be constructed. In
addition, the City may consider providing direct or indirect financial incentives to private
persons or businesses as incentives to locate in the Area. ,
Private Site Improvements
Private site improvements may include, but are not limited to, demolition of existing
buildings and site preparation; design and construction of buildings; grading for building
construction and amenities; paving and parking; landscaping; and installation of on-site
utilities. Private site improvements will be required to follow the design guidelines set
forth in the Towucrest Design Plan, created by the City's landscape architecture
consultant RDG Planning and Design.
Tax increment financing may be granted to qualifying entities to finance these private site
improvements, at City Council's discretion. Any development projects receiving tax
increment financing or other public funding assistance will be subject to review by the
Staff Design Review Committee. Design review approval will be based on compliance
with the design guidelines noted above. In addition, the City Council may designate
~~
Towncrest a "Design Review District, whereby all improvements to buildings or
property within the district would be subject to Design Review according to the
aforementioned design guidelines.
Public Infrastructure Improvements
6
Public infrastructure improvements may include, but are not limited to, storm water
management facilities, public streets and sidewalks, sanitac•y sewers, storm sewers, and
open space and streetscape improvements. Tax increment financing may be available to
finance the construction of these improvements, in whole or in pact, at the City Council's
discretion.
Financial Licentives
At the City Council's discretion and as permitted by Iowa Code Section 403.19 (2009),
tax increment financing may be available for providing direct grants, loans or property
tax rebates for qualifying projects and businesses in the Urban Renewal Area. Tax
increment financing may be used for, but is not limited to, financing the private site
improvements and public infrastructure improvements listed above. Qualifying projects
and businesses shall be determined by the City Council on a case by case basis.
Section 8- Conformance with Land Use Policy and Zoning Ordinance
Comprehensive Plan
The Urban Renewal Project Area is located within the area designated by the Iowa City
Comprehensive Plan as the Southeast Planning District. The Iowa City Comprehensive
Plan designates the Urban Renewal Project Area as appropriate for general commercial
and residential uses.
Current and Proposed Zoning and Land Uses
The Project Area is cuiyently zoned CC-2, CO-l, RM-20 and RS-8, as defined by the
lows City Zoning Code. The cui7•ent land uses consist of commercial, public, and
residential uses. The proposed land uses include mixed-use, retail, office, and other
commercial and residential uses permitted in the CC-2 and CO-1 zones. The City may
amend its zoning code to create a new Design Review District and/or a new, mixed-use
zoning classification appropriate for Towncrest and may rezone the area to be so
designated. Any rezoning to this area, including the creation of a new zoning category
under the Zoning Code, will be consistent with the Comprehensive Plan.
Section 9- Relocation of Families
Benefits
Upon the City's vet•ification of a property owner's eligibility for• tax increment financing,
qualified tenants in the designated Urban Renewal Project Area shall be compensated by
the property owner for one month's rent and for actual reasonable moving and related
expenses, where said displacement was due to action on the part of the property owner to
qualify for said tax increment financing.
Eligihllity
7
"Qualified tenant" means the legal displaced occupant of a residential dwelling unit
which is located within the designated Urban Renewal Project Area where the person or
family has occupied the same dwelling unit continuously for twelve (12) months prior to
the City making tax increment financing available to a project within the Urban Renewal
Project Area. There are no relocation provisions made for displacement from commercial
units.
Actual Reasonable Moving and Related Expenses
A qualified tenant of a dwelling is entitled to actual reasonable expenses for:
a. Transportation of the displaced person and personal property from the
displacement site to the replacement site. Transportation costs for a
distance beyond twenty-five (25) miles are not eligible;
b. Packing, crating, unpacking and ttncrating of personal property;
Disconnecting, dismantling, removing, reassembling and reinstalling
relocated household appliances and other personal property;
d. Discontinuing, transfet7•ing or reconnecting utility services, including
cable television.
Least Costly Approach
The amount of compensation for an eligible expense shall not exceed the least costly
method of accomplishing the objective of the compensation without causing undue
hardship to the displaced tenant and/or landlord.
Section 10- Financial Data
Constitutional Debt Limit: $ 136,552,095
2. Current general obligation debt: $ 84,995,000
3. Proposed amount of indebtedness to be incurred: A specific amount of tax
increment debt to be incurred (including direct grants, loans, advances,
indebtedness, or bonds) for projects over time has not yet been determined. The
City Council will consider each request for financial assistance or a pt•oject
proposal on a case-by-case basis to detet•mitte if it is in the City's best interest to
participate. It is estimated that the City's cost for initial anticipated projects
discussed herein will be in the $10 to $1S million range.
Section 11-Urban Renewal Plan Amendments
This Urban Renewal Plan may be amended from time to time to include change in the
area, to add or change land use controls or regulations, to modify goals or types of
renewal activities, or to amend property acquisition and disposition provisions.
If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after
providing public notice, holding a public hearing on the proposed change, and
undertaking other required actions, all in conformance with applicable state and local
laws.
Section 12- Property Acquisition/Disposition
Other than easements and right-of--ways, no property acquisition by the City is
anticipated.
Section 13. Effective Period
This Urban Renewal Plan will become effective upon its adoption by the City Council of
Iowa City and will remain in effect as a plan until it is repealed by the City Council. The
use of tax increment financing revenues (including the amount of grants, loans, advances,
indebtedness or bonds which qualify for payment for the division of revenue provided in
Section 403.19 of the Code of Iowa) by the City for activities carried out under the Urban
Renewal Plan shall be limited as deemed appropriate by the Council and consistent with
all applicable provisions of law.
Addendum No.1
Leal Description of the
Urban Renewal Project Area
The Towncrest Urban Renewal Area includes the following:
Lots l-4, Block 5; BIock 6; Lots 1-4, Block 7; the N 100' of Lot 1 & the E 22' of the N
I00' of Lot 2, Black 14; and the S 7S' of Lat 8 & the E 10' of the S 75' of Lot 7, Block
1S, and to the centerline of all adjacent rights-of-way, East Iowa City Subdivision, Iowa
City, Iowa, according to the plat thereof; and
Lots 5-19, Block 1; Lots 8-10, Block 2; and Lots 7-9, Block 3, and to the center line of all
adjacent rights-of-way, Towncrest Addition, Iowa City, Iowa as shown on the plat
thereof recorded at Book 4, Page 323 of the Johnson County Recorder; and
Commencing at the northwest corner of Lot 12, Block 1, Towncrest Addition, then north
200', then east 107.5', then south 200', then west 107.5', and to the centerline of the
adjacent rights-of-way; and
Blocks 1 & 2, and Lots 1 & 2, Block 3, and to the centerline of all adjacent rights-or-way,
Towncrest Addition Part Two Revised, Iowa City, Iowa, as shown on the plat thereof
recorded at Book 6, Page 6 of the Johnson County Recorder; and
Commencing at the NE corner of Lot 1, Block 1, Towncrest Addition Part Two Revised,
thence E 160', thence S 148', thence W 160', thence N 148', and to the centerline of the
adjacent Muscatine Avenue right-of-way; and
The real estate north of and adjacent to Muscatine Avenue between First Avenue and
Waters First Addition, excluding the Memory Gardens Cemetery.
This area contains approximately 49.3 acres.
la
Addendum No. 2
Towncrest Urban Renewal Project Area Map
M~.
10
RESOLUTION NO. 10-510
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $2,000,000 MIDWESTERN DISASTER AREA REVENUE
BONDS (EPS PROPERTIES LLC PROJECT) SERIES 2010, WITH
THE PROCEEDS FROM THE SALE OF THE BONDS TO BE
LOANED TO EPS PROPERTIES LLC, AN IOWA LIMITED
LIABILILTY COMPANY; THE EXECUTION AND DELNERY OF A
BOND PURCHASE AGREEMENT AND ASSIGNMENT TO
SECURE SAID BONDS; THE EXECUTION AND DELNERY OF A
LOAN AGREEMENT BETWEEN THE CITY AND EPS
PROPERTIES LLC; THE ASSIGNMENT BY THE CITY TO THE
ORIGINAL PURCHASER OF THE RIGHTS AND INTEREST OF
THE CITY IN AND TO SAID LOAN AGREEMENT; THE SALE OF
SAID BONDS; AND RELATED MATTERS.
WHEREAS, the City of Iowa City, Iowa, (hereinafter "Issuer") apolitical subdivision organized
and existing under the Constitution and laws of the State of Iowa, a municipal corporation organized and
existing under the Constitution and laws of the State of Iowa, is authorized and empowered by Chapter
419 of the Code of Iowa, as amended, (hereinafter "Act") to issue Midwestern Disaster Area revenue
bonds and loan the proceeds from the sale of said bonds to one or more parties to be used to defray all or
a portion of the cost of acquiring, constructing and improving land, buildings and improvements for a
"project," as that term is defined in the Act specifically including a project which is suitable for a purpose
that is eligible for financing from Midwestern Disaster Area bonds authorized under the federal
Emergency Economic Stabilization Act of 2008, Pub. L. No. 110-185, together with any other financing
necessary or desirable in connection with such purpose and located within Issuer; and
WHEREAS, the Issuer has been requested by EPS Properties LLC, a limited liability company
organized under Chapter 489 of the laws of Iowa (hereinafter "Borrower"), to authorize and issue its
Midwestern Disaster Area Revenue Bonds (the "Bonds") pursuant to the provisions of the Act for the
purpose of financing all or a portion of the cost of acquiring, constructing and improving an interest in
3.51 acres of land and a new 10,000 square foot medical office building located in the 2600 block of
Northgate Drive, Iowa City, Iowa, together with all incidental items and paying the costs of issuance of
the Bonds (hereinafter "Project") which Project will be owned and operated by Borrower; and
WHEREAS, it is necessary and advisable that provisions be made for the issuance of Midwestern
Disaster Area Revenue Bonds, Series 2010 (EPS Properties LLC Project), of the Issuer in an aggregate
principal amount not to exceed $2,000,000 (the "Bonds") as authorized and permitted by the Act to
finance the cost of the Project to that amount; and
WHEREAS, the Issuer will loan the proceeds of the Bonds to the Borrower pursuant to the
provisions of the Loan Agreement dated as of December 1, 2010, (the "Loan Agreement") between the
Issuer and the Borrower the obligation of which will be sufficient to pay the principal of, redemption
premium, if any, and interest on the Bonds as and when the same shall be due and payable; and
WHEREAS, the Bonds will be sold pursuant to and secured as provided by a Bond Purchase
Agreement and Assignment to be dated as of December 1, 2010, (the "Bond Purchase Agreement") by
and between the Issuer and Hills Bank and Trust Company (the "Original Purchaser"); and
{00984314.DOC}
WfIEREA5, the rights of the Issuer in and to the Loan Agreement are assigned to the Original
Purchaser under the Bond Purchase Agreement; and
WHEREAS, notice of intention to issue the Bonds has been published and the City Council has
conducted a public hearing pursuant to such published notice, all as required by the Act and Section
147(f) of the Internal Revenue Code of 1986, and has determined that it is necessary and advisable to
proceed with the financing of the Project; and
WHEREAS, Borrower has represented to the Issuer that it has received, on November 24, 2010,
an allocation of Midwestern Disaster Area Bonds from the Iowa Finance Authority and a determination
that Borrower will use the Project and is replacing a trade or business that suffered a loss as result of the
flooding of 2008 included in Presidential Declaration of Disaster No. 1763 dated May 27, 2008, as
amended June 13, 2008.
WHEREAS, the Issuer, at the direction of the Borrower, has arranged for the sale of the Bonds to
the Original Purchaser;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows:
Section 1. Authorization of the Bonds. In order to finance the cost of the Project, the Bonds
shall be and the same are hereby authorized, determined and ordered to be issued in an aggregate
principal amount not to exceed $2,000,000. The Bonds shall initially be issued as a single fully registered
Bond, numbered R-l, and shall be dated as of the date of issuance and delivery thereof and shall be
executed, shall be in such form, shall be payable, shall have such prepayment provisions, shall bear
interest at such rates, and shall be subject to such other terms and conditions as are set forth therein and in
the Bond Purchase Agreement and Loan Agreement. The Bonds and the interest thereon do not and shall
never constitute an indebtedness of or a charge against the general credit or taxing power of the Issuer,
but are limited obligations of the Issuer payable solely from revenues and other amounts derived from the
Loan Agreement and the Project and shall be secured by an assignment of the Loan Agreement and the
Project and the revenues derived therefrom. Forms of the Bond Purchase Agreement, the Bond and the
Loan Agreement are before this meeting and are by this reference incorporated in this Bond Resolution,
and the City Clerk is hereby directed to keep them on file.
Section 2. Bond Purchase Agreement• Sale of the Bonds. In order to provide for the sale of
the Bonds to the Original Purchaser and the conditions with respect to the delivery thereof, the Mayor and
City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer, the Bond
Purchase Agreement in substantially the form submitted to the City Council, which is hereby approved in
all respects. The sale of the Bonds to the Original Purchaser is hereby approved and the Mayor and City
Clerk are hereby authorized and directed to deliver the Bonds to the Original Purchaser. The periodic
advancing by the Original Purchaser of funds on behalf of the Issuer from time to time at the office of the
Original Purchaser shall constitute payment in full for the Bonds pursuant to Section 5.03 of the Bond
Purchase Agreement. The Original Purchaser shall be authorized as the Issuer's depository and agent to
make such advances pursuant to the Bond Purchase Agreement to effect the making of the loan of the
proceeds of sale of the Bonds to the Borrower pursuant to Section 5.03 of the Bond Purchase Agreement.
Section 3. Re~ayment of Loan. The Loan Agreement requires the Borrower in each year to
pay amounts as loan payments sufficient to pay the principal of, redemption premium, if any, and interest
on the Bond when and as due and the payment of such amounts by the Borrower to the Original Purchaser
pursuant to the Loan Agreement is hereby authorized, approved and confirmed.
{00984314.DOC}
2
Section 4. Loan Agreement. In order to provide for the loan of the proceeds of the Bonds to
acquire, construct and improve the Project and the payment by the Borrower of an amount sufficient to
pay the principal of and premium, if any, and interest on the Bonds, the Mayor and City Clerk shall
execute, and deliver in the name and on behalf of the Issuer the Loan Agreement in substantially the form
submitted to the City Council, which is hereby approved all respects.
Section 5. Miscellaneous. The Mayor, Mayor Pro Tempore, City Clerk and any Deputy
City Clerk are hereby authorized and directed to execute, attest, seal and deliver any and all documents
and do any and all things deemed necessary to effect the issuance and sale of the Bonds and the execution
and delivery of the Loan Agreement and the Bond Purchase Agreement, and to carry out the intent and
purposes of this resolution, including the preamble hereto.
Section 6. Severability. The provisions of this resolution are hereby declared to be
separable and if any section, phrase or provisions shall for any reason be declared to be invalid, such
declaration shall not affect the validity of the remainder of the sections, phrases and provisions.
Section 7. Repealer. All resolutions and parts thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Section 8. Effective Date. This resolution shall become effective immediately upon
adoption.
Passed and approved this 7th day of December, 2010.
CITY OF IOWA CITY, IOWA
(Corporate Seal)
MATTHEW J. HA ayor
Attest:
MARIAN K. KARR, City Clerk
{00984314.DOC}
Resolution No. 10-510
Page 4
It was moved by champion and seconded by Mime the Resolution be
adopted, and upon roll call there were:
AYES:
_ ~
x
x
x
X
~_
x
NAYS: ~ ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
wpdata/glossary/resolution-ic. doc
Midwestern Disaster Area Bonds
Marian Karr
From: Wendy Ford
Sent: Wednesday, December 01, 2010 8:55 AM
To: 'Dean A. Spina'
Cc: Marian Karr
Subject: RE: Midwestern Disaster Area Bonds
Page 1 of 2.`p°°°,
Dear Dean,
Thanks for the great information. We will continue to promote this option for new and expanding business
in Iowa City.
I am also passing the information along to council via Marian Karr.
~iJen~~
From: Dean A. Spina [mailto:Dspina@bradleyriley.com]
Sent: Wednesday, December 01, 2010 8:44 AM
To: Wendy Ford
Subject: Midwestern Disaster Area Bonds
Wendy:
At the EPS Properties public hearing last evening, questions were raised about the use of Midwestern
Disaster Area bonds in the future.
The Bonds were authorized in the amount of $2.615 Billion to be issued on or before December 31,
2012. The amount used has been small, and it is likely that at the end of 2010, there will still be available
capacity of over $2.2 Billion for the remainder of the program.
Thus, future projects in Iowa City may come forth through 2012. {An effort will be made to extend the
2012 date, as during the first two years the bonds have been available we also had the recession and the
usage has been less than hoped for.}
Most office, retail, industrial and warehouse construction can qualify for the bond financing; with regards
to residential rental property, there is a low income requirement. Existing property can be purchased with
bond financing IF at least 50% of the bond amount that is spent on acquisition is spent on rehabilitation.
Thank you for your assistance.
Dean A. Spina
Attorney
BRADLEY & RILEY PC
ATTORNEYS & COUNSELORS
2007 First Avenue SE
PO Box 2804
Cedar Rapids, Iowa 52406-2804
Phone: (319) 861-8725
Fax: (319) 363-9824
VCard I Email I www.bradleyriley.com
12/1/2010
PO Box 2804
Cedar Rapids, Iowa 52406-2804
Phone: (319) 861-8725
Fax: (319) 363-9824
VCard I Email I www bradle~ley.com
Please consider the environment before prillt~inK this ernnil.
Notice:
Since email messages sent between you and Bradley 8 Riley PC and its employees are transmitted over the Internet, Bradley &
Riley PC cannot assure that such messages are secure. You should be careful in transmitting information to Bradley & Riley PC
that you consider confidential. If you are uncomfortable with such risks, you may decide not to use a-mail to communicate with
Bradley & Riley PC. This message is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2515, is
intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the
attorney-client privilege. It should also not be forwarded to anyone else. If you received this message and are not the addressee,
you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you.
IRS Circular 230 Disclosure: To ensure compliance with the requirements imposed by the IRS, we inform you that (1) any tax
advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used,
for purposes of avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another
party any transaction or matter addressed herein or any attachments hereto.
Mai _:,~','° '~
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. ~ o-s> >
RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A COMMUNITY
DEVELOPMENT BLOCK GRANT FOR THE CONSTRUCTION OF A LEVEE ON THE
WEST SIDE`OF THE IOWA RIVER BETWEEN MCCOLLISTER BOULEVARD AND THE
CRANDIC RAILROAD AND TO SIGN THE GRANT AGREEMENT.
WHEREAS, on November 1, 2010 the Iowa Department of Economic Development
awarded the City of Iowa City $3,800,000 in Community Development Block Grant
(CDBG) Disaster Recovery Enhancement Funds for the construction of a levee along the
west side of the Iowa River between McCollister Boulevard and the Crandic Railroad; and
WHEREAS, the City Council finds that the public interest will be served by accepting the
funds and entering into a grant agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
The City Manager is authorized to accept the CDBG Disaster Recovery Enhancement
Funds and, upon review by the City Attorney, to sign the grant agreement. The City Clerk
is authorized to attest to the grant agreement if an attestation is required.
Passed and approved this 7th day of December, 2010.
MAYOR
ATTEST: 1 ~~~~ ~ . `~2it~
CI-~~LERK
City Attorney's Office
Resolution No. 10-511
Page 2
It was moved by Mims and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES:
x
X
x
x
x
x
x
wpdata/glossary/resolution-ic. doc
NAYS: ~ ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
12-07-10
r 11
~~~®~~ CITY CAF t4WA CtT
E~C~
Date: December 2, 2010
To: City Council
From: Jeff Davidson, Director of Planning and Co munity Development "~~/
David Purdy, Flood Recovery Specialist ,~~
Re: December 7, 2010 City Council meeting; three CDBG-funded levees
On the December 7, 2010 City Council meeting agenda are three resolutions to accept
Community Development Block Grant awards, and authorize the City Manager to sign grant
agreements for three levee projects. The projects are the East Side Levee, the West Side
Levee, and the Taft Speedway/No Name Road Levee.
At the July 27, 2009 City Council Work Session, we discussed the three levee projects, and you
directed staff to apply for funding. Applications were submitted to the state on July 31, 2009.
During the first round of funding, the Iowa Department of Economic Development decided to
focus on storm water and wastewater projects, and the levees were not funded. In the summer
of 2010, the state received additional funds for hazard mitigation projects. Iowa City's levee
projects met the guidelines for the new funds and we were awarded the funds on November 1,
2010.
Following is a summary of the three levee projects and the general guidelines of the grants. The
cost estimates are very rough at this time. The West Side Levee is more accurate because
preliminary design has already been completed. The other levee estimates will become more
accurate if you approve proceeding with preliminary design.
East Side Levee from Highway 6 to Crandic Railroad
The East Side Levee, shown in Figure 1, will protect both the Gilbert Street commercial area
south of Highway 6 and South Gilbert Street, a major arterial, from future flooding. Total cost will
be approximately $4,000,000 with CDBG funds paying for $3,900,000.
West Side Levee from McCollister Boulevard to Crandic Railroad
This levee, shown in Figure 2, would protect the area west of the Iowa River from the Crandic
Railroad to McCollister Boulevard, including Baculis and Thatcher Mobile Home Parks and
Commercial Court. It would protect 190 homes (approximately 450 people) and 40 businesses
from future flooding. Design for this levee is nearly complete. $150,000 in design costs were
paid for through Community Disaster Grant funds. Total construction cost for the levee is
estimated to be approximately $4,200,000 with CDBG funds paying for $3,800,000.
Taft Speedway / No Name Road Levee
This levee, shown in Figure 3, would elevate Taft Speedway and No Name Road, and protect
the Idyllwild neighborhood from future flooding. The property tax base for Idyllwild is
approximately $20 - $22 million. This project would also maintain open access to the Peninsula
during flood events.
December 2, 2010
Page 2
There are nine homeowners remaining between Taft Speedway and the Iowa River who would
be located on the river side of the levee. All of these homeowners were offered buyout funds,
but declined. At the time they were offered buyout funds, they were apprised that the City
Council had directed staff to pursue funds for the Taft Speedway / No Name Road Levee.
The cost is estimated at $11,760,000, with CDBG funds paying for $8,011,800. The remaining
local share is approximately $3.75 million, but could be lower depending on the final design.
This project will eliminate the need for the $3 million Foster Road Elevation, which is funded in
the FY11 budget. It is proposed to use the Foster Road funds to make up the funding shortfall
for this project. The design, engineering, and construction of this levee will take longer than the
other two, because it will have a road built on top of it, and it will need to be coordinated with the
Dubuque Street Elevation project.
Grant Guidelines
Staff has received questions from the affected neighborhoods on how the design process will
proceed. Iowa Department of Economic Development staff have indicated that there is some
flexibility with the final design of the levees, but the projects will be required to meet the
floodplain protection goal of three feet above the 100-year floodplain. Any costs above the
CDBG amounts awarded will need to come from the City. If Council decides to accept the grant
awards, we will develop a public process for gathering input on the proposed projects, and
evaluating the design alternatives.
Conclusion
The City Council has indicated a desire to seek flood recovery funds for public infrastructure
projects, pursue the buy-out of residential floodplain properties, and pursue options to protect
neighborhoods which cannot be part of the buy-out process. The levees fall under the latter
category. If Council decides to proceed with accepting the levee awards, staff will seek public
input and explore all possibilities regarding flexibility of the design and construction of each
project.
We look forward to discussing these projects with you at your December 6th work session.
Copy to:
Tom Markus, City Manager
Dale Helling, Assistant City Manager
Marian K. Karr, City Clerk
Eleanor M. Dilkes, City Attorney
Rick Fosse, Director of Public Works
Steve Long, Community Development Coordinator
Ron Knoche, City Engineer
W:\wpdata\PPDDIR\MEMOS/Levee projects memo to Council 12.1.2010
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Page 1 of 1
Marian Karr
From: A BECKER [beckera@q.com]
Sent: Wednesday, December 01, 2010 7:02 AM
To: Council
Subject: Support for Taft Speedway/No Name Road Levee
Council members:
As a resident/owner in Idyllwild, I am writing this letter in support of the proposed Taft Speedway/No
Name Road Levee. This levee is crucial for protecting our homes from another flood.
Thank you for everything you and the city staff have done to help us recover from the devastation of the
flood of 2008.
I hope we can work together to prevent this from ever happening again.
Thank you for your consideration.
Amy J. Becker
52 Pentire Circle
Iowa City
December 1, 2010
12/1/2010
Page 1 of 1
Marian Karr
From: bigshoo@aol.com
Sent: Tuesday, November 30, 2010 10:37 PM
To: Council
Subject: Flood mitigation levees
My name is Joellen Shoemaker. I live at 27 Pentire Circle in Idyllwild Condominiums and I had four (4)
feet of water in my lovely unit in 2008. I wish to add my name to others who are asking the Iowa City
Council to use the recent funding for flood protection by building levees on Taft Speedway and No Name
Road. I like fish as well as anyone, but I really don't need them swimming through my living room.
Thank you for your consideration in this very important matter
Joellen Shoemaker
12/1/2010
Marian Karr
From: wilcoxfam4@lycos.com
Sent: Tuesday, November 30, 2010 8:54 PM
To: Council
Subject: Taft Speedway/Idyllwild levee project-destruction of a neighborhood
Dear Iowa City Council Members:
I am contacting you about my opposition to the Taft Speedway earthen levee. The earthen
levee would destroy the Taft Speedway neighborhood because the levee would tear into the
front yards of all nine homes on Taft Speedway. In addition, because of the height and
width of the levee it would be a monstrosity in the neighborhood both for Taft Speedway
and for Idyllwild. Both neighborhoods have done a tremendous job in rebuilding after the
2008 flood.
The Taft Speedway neighborhood is well maintained and very unique with a lot of natural
beauty including many trees in the front yards of homes. All of this will be destroyed if
an earthen levee is built.
In the grant proposal for the levee for question #5, page 2,the description starts off
with the reason for applying for the funds and it is "...provide an alternate access to
the Peninsula neighborhood...". Although the rest of the sentence says flood protection
for Idyllwild, it appears that this statement and others throughout the proposal place
more emphasis on Peninsula access than on protecting Idyllwild. The city should be looking
at an alternate access to the Peninsula that does not include the Taft Speedway earthen
levee.
When the Peninsula neighborhood was being considered,I attended meetings that the city
held. The major concern for residents already living on Taft Speedway and Foster Road was
access out of the Peninsula. City staff indicated that it was their concern too and
stated numerous times that a new road out of the Peninsula would be built along the
trailer court and intersect with Laura Drive.
Apparently no alternate access road was built and now the city wants to use the flood to
secure funding for an access that should have been done years ago with city funds. I
realize that at that time there was a different City Council that approved the Peninsula
project, but many of the city staff who had knowledge about the Peninsula project are
still employed by the city. I find it appalling that the city is using a very emotional
topic of the flood, and in essence taking the back door approach to fix a problem that
they knew existed many years ago.
I am not opposed to temporary structures to protect Idyllwild such as Hesco barriers.
Building the concrete base for the temporary Hesco barriers would provide flood protection
for Idyllwild yet still maintain the beauty of both neighborhoods.
Sincerely,
Catherine (Cathy) Wilcox
119 Taft Speedway St
1
Thatcher Mobile Home Park
2254 S. Riverside Drive
Iowa City, IA 52246
N
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December 1, 2010 -' ,,~
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Iowa City Council a
N `''
410 E. Washington Street o
Iowa City, IA 52240 ~
Dear Council Members:
We are writing to let you know we support the levee from McCollister Boulevard to
Crandic Railroad on the west side of the Iowa River.
We own the Thatcher Mobile Home Park which has 60 homes and about 200 residents. In
addition to protecting the 60 homes in our park, the levee would also protect the adjacent
mobile home park which has about 130 homes and the nearby commercial area north of
these parks.
When the levee is completed we will be able to expand our park by adding additional
sites. This will not only expand the availability of affordable housing in Iowa City but
also add to the City's tax base.
We have met with City staff several times to discuss the project and are excited about the
opportunity to protect people from future flooding.
Thanks to you and city staff for seeking funds for this project.
Sincerely,
/'
~: ~?~~ ~j ~j ~~ ~~~
ammes Mary Beth Hammmes
Page 1 of 1
Marian Karr
From: Hawkeye Campus Properties [Maintenance@HawkeyeCampus.Com]
Sent: Wednesday, December 01, 2010 3:53 PM
To: Council
Subject: Taft Speedway Levee
Attachments: Letter to City about Taft Speedway.docx
This correspondence will become a public record.
Dear Council,
Please consider our attached letter.
Thank you for your time,
Mark and Elizabeth Phelps
115 Taft Speedway, Iowa City
12/1/2010
December 1, 2010
Dear Council Members,
We are the residents of 115 Taft Speedway and the property has been in our family for over 25
years. We were involved when Planning and Zoning originally did not recommend the Idyllwild
Development to be built, but was overridden by the Council of that time. We live along the river and
take our chances with Mother Nature and we accept that, but by constructing a levee and condemning
us to the wet side, you are putting us in an unfair situation. We have several concerns about the
application that was submitted by the City for the Taft Speedway levee construction and would
appreciate your attention to the items outlined below.
1. In the application submitted, there is no base flood elevation (BFE) for what the new levee
height will be when completed.
2. The current Taft Speedway road sits at approx. 650 BFE and bringing it to 652 or above will
drastically change flood insurance rates/premiums for the residents on the south (wet) side
of the proposed levee. Our personal flood insurance premium will increase $1700/year if
the levy is constructed at 653 BFE and will increase more for higher levee heights. Will the
City be responsible for the differences in our annual premiums?
3. From the research that we have done in levee construction and types that are approved by
the Army Corps of Engineers, driving on the top of a levee or the use of the levee as a road is
not normally permitted. We have seen how levees with transportation traffic and weight
have failed at Lake Delhi and the train tressel levee in Coralville that breached in 2008, so
why would we consider this? Also, levee breaches can come from sand boils occuring from
the upward pressure of the water flowing through the soil under the levee (under seepage)
exceeding the downward pressure from the weight of the soil above it. This under seepage
resurfaces on the land side of the levee causing failure to the levee. The Taft
Speedway/Idyllwild area consists mostly of sandy based loose soil. How much grubbing (soil
removal for the levee base) is going to be needed and how will this affect the Taft Speedway
resident's access to utility services?
4. Currently, our sewer and water taps are located on the north (Idyllwild) side of Taft
Speedway. There is no other road in Iowa City that requires residents to dig through a levee
for maintenance, hook-ups or repair for their utility services. If the levee is constructed, the
City must take responsibility for all taps/connections for water and sewer, so the residents
of Taft Speedway are not burdened with these additional costs that are not found in any
other neighborhood or development in the Iowa City area.
5. Currently Idyllwild is a private development of which their streets drain into their ponds for
drainage management. They have an easement under Taft Speedway and through the lot at
105 Taft Speedway where a 36 inch tube to the river controls the levels of their ponds.
However, this can also work in the opposite direction like we saw in 2008 after their
sandbag perimeter failed due to the water rising in the ponds and pushing back through the
street drains and flooded from the inside out. Since this is a private storm drain system, how
will new valuing and maintenance be addressed so this won't happen again- even if a levee
is in place?
6. It is also our understanding from the application that Idyllwild would sit in a bowl type of
situation if a levee is constructed. There would be no natural gravity fed drainage available
and the idea is to use pumps to drain the development and its streets of their normal
rainwater. We have seen just this last year, extreme amounts of rain in a short time period,
even as proposed with two pumps- could the system keep up with flash flooding from inside
the development? Does the City have any portable or back up pumps that could get there in
a timely fashion incase of mechanical failure? Equipment fails- it is just a matter of when. So
when pump equipment does fail, will the City be responsible for Idyllwild homes being
flooded due to ground saturation, continued rainfall and inadequate equipment? Flood
insurance will only cover natural disasters- not street flooding and homeowner's insurance
may not cover or will have a coverage limit for a scenario like this.
7. The City's application also mentions the levee construction being used to protect the
Peninsula neighborhood's access. Foster Road is the only access to the peninsula. Taft
Speedway intersects No Name Road which just goes back to Foster Road, there would still
not be any secondary access for Foster Road. If the Peninsula Neighborhood is worried
about Foster Road protection, Foster Road can be elevated much easier and considerably
less cost than Taft Speedway.
8. Does the City have maintaining the levee in their future budgets? There are piles of tree
debris from 2008 on 103 and 105 Taft Speedway that the City gained from the buyout
programs that have not been taken care of as of today's date.
9. Please also keep in mind the affects of the Coffer Dam installed by the University of Iowa
with its close proximity to the Park Road Bridge at the time of flooding, we believe this had a
huge impact on the residents upstream, causing significantly higher water levels than if the
coffer dam was not in place.
We think these items need to be addressed before any future planning is done and proper
notification to the residents of Taft Speedway is a must. As we saw this year, continued pressure
to the Army Corp of Engineers to update their drainage schedules is the best protection of all.
We have a dam already in place that can protect most residents from the point of the dam down
to where the Cedar River meets the Iowa River. The Dubuque Street elevation project is an
important project so that 10,000 cfm can be released from the dam with no interruption of
traffic patterns on Dubuque Street.
If anyone would like to visit with us on this, we would be more than happy to share our
experiences since we went through the 1993 flood and were the last to leave the Taft
Speedway/Idyllwild area during the 2008 flood.
Thank you for your time,
Mark and Elizabeth Phelps
John S. Chase
20:1.0 DEC - I PM y:
229 Taft Speedway St.
Iowa City, Iowa 52245
December 1, 2010 ~~C - 11i"~.'
To the City Council of Iowa City Iowa.
Dear Iowa City Council Members:
I want you all to know that I am truly against making Taft Speedway and No
Name Road into a earthen levee . It will totally ruin the area as a place to
live. The dust,dirt, noise, and traffic from construction will be unbearable on
both sides of the road. I am not apposed to the people living in Idyllwild
seeking flood protection for their homes. Just NOT an earthen levee made
out of our street.
I think we all should look at other alternatives. One that I thought would be
most appealing to most people would be to put in a cement wall on Idyllwild
property covered with stone veneer like we have on Dubuque 5t. and Foster
Road retaining walls.
That would make Idyllwild like a gated community which some people
.might really like. It would also give good curb appeal. I urge you all to look
at other options for their flood protection.
I want you all to also know that the best flood protection for the whole city
is that we need to get with the Army Corps of Engineers and make them
revise the operating guidelines of the Coralville Dam. I know that last year
we were headed for another flood and the Uof I and Johnson County
Emergency Management stepped in and got the Corps of Engineers to open
the gates. They need to let the water flow at 10,000 cfps when the water is
flooding down the Iowa into the Reservoir. It will buy enough time for the
inflow to go down and the reservoir will do it's job of retaining water, not
holding it.
Sincerely,
John S. Chase
Page 1 of 2
Marian Karr
From: Brian Witzke (bwitzke1 @gmail.com]
Sent: Wednesday, December 01, 2010 9:47 PM
To: Council
Subject: vitally important to delay levee vote
To the City Council,
As a professional geologist in Iowa City (Research Geologist, Iowa DNR-Geological and Water
Survey; Adjunct Assoc. Prof., Dept. Geoscience, Univ. Iowa), I am compelled to write to you
concerning the upcoming vote on the proposed Taft Speedway/Idyllwild levee construction. Of
course, I write to you as a private citizen, and my concerns do not reflect any particular or
offical position of the DNR or University with which I am affiliated. The construction of a levee
or floodwall to protect the Idyllwild-Parkview floodplain developments involves considerably
larger issues and properties than seems evident from recent newspaper accounts of Council and
City discussions. All discussion seems to have focussed only on Idyllwild and the nearby houses
along the river. However, the proposed levee or floodwall will absolutely affect other properties,
especially UPSTREAM. The question is, how much? The public needs to know.
The proposed levee would significantly constrict the floodplain during major flood events,
eliminating the Idyllwild-Parkview floodplain from storage and flood flow, and thereby alter the
nature of flooding along the opposing floodplain (City Park) and upstream floodplain area
(especially Parkview Terrace development/"Mosquito Flats"). In a simplistic explanation, the
levee-constricted floodplain would act as a sort of "partial dam" through flood channel
constriction that would create increased flood heights upstream. The potential significance of
increased upstream flooding requires and deserves special attention by the Council and the City
before any construction decisions are made. I would suggest that the following steps be taken to
ensure that a fully informed decision is made, and that all potentially affected parties need to be
involved in this decision, especially the large number of residents in the Parkview
Terrace/Normandy Drive ("Mosquito Flats") area -- a residential floodplain development that has
already suffered significant damage in the two previous floods. This is not just an issue for the
Idyllwild development and its immediate area -- a levee construction will alter the nature and
response of the floodplain over a much larger area of the city. And it has been this issue that has
not been part of the public discourse needed for this far-reaching decision.
1) A detailed evaluation is needed of a comprehensive flood model for the entire stretch of the
floodplain, upstream, downstream, and opposite the proposed levee. The City has announced
that a flood model exists, but further details have been unclear. Perhaps such aflood-model
evaluation has already taken place, although there is no record of this available to the public.
Any effects on the Parkview Terrace area need special attention. Even if the proposed levee
results in only a few inches of increased flood height in that area, the effects would be notable
for those residents. New detailed LIDAR-derived elevation contours are essential for the model
(which I assume were used).
2) The completed comprehensive flood model needs to made available for all citizens and
interested parties. An informed citizenry is essential for the community and for the democratic
process in making vital decisions.
3) Any areas of increased flooding (at any scale) that may result from the construction of the
proposed levee need to be clearly identified, and all such property owners need to be notified of
12/2/2010
Page 2 of 2
the results of the flood model. If increased risk is to be assumed by any upstream properties, the
property owners need to be in consulted and mechanisms established for resolving any potential
conflicting interests between the Idyllwild floodplain private developments and the Parkview Terrace
developments (and any other affected properties).
4) Any potential liability that may ensue from the City's action in the construction of a levee, especially
to any properties upstream, needs to be considered by the City's legal staff. It certainly seems possible
that the City may face future liabilities for any increase (no matter how small) in upstream flooding
potentially created by a levee construction.
5) Any vote by the Council on the proposed levee needs to be delayed until the above issues are
considered.
Thank you for considering these ideas in your deliberations over this important decision. I have been a
long-term Iowa City resident, and, as a citizen and geologist, I (along with other friends and colleagues)
warned the City Council of the flood dangers of the Idyllwild development before it was constructed.
The State Geologist (Iowa Geological Survey) vehemently warned the City Council of the flood dangers
involved in the "Mosquito Flats" (and University floodplain) developments in the 1960s. It has been
disheartening to see all those many warnings ignored in the past, and to see the damage and despair
created by those ill-conceived plans when the floodwaters rose. I hope there will be no further poorly-
conceived plans involving Iowa City's floodplain -- let's get it right this time, and let's keep the citizens
of Iowa City informed and involved along the way.
Sincerely,
Brian J. Witzke
1011 N. Summit St.
Iowa City 52245
319-321-1435
work email: bwitzke(a,dnr.iowa.~ov
12/2/2010
Marian Karr
From: Joel Wilcox [jfwilcox@gmail.com]
Sent: Thursday, December 02, 2010 7:07 AM
To: Council
Subject: Do not accept funds for Taft Speedway proposal
Dear City Council:
I wrote a letter earlier that was hopeful that there might be flexibility, if funds were
accepted, to shape the Taft Speedway project along lines which would protect Idyllwild
without ruining the greater Taft Speedway neighborhood. I have learned from city
officials that the proposal must apparently be funded as proposed or turned down.
I ask you to turn down and not accept funds for the Taft Speedway proposal for the
following reasons:
1) The proposal was not adequately vetted in the community as the life-changing concepts
in it were developed, nor before it was submitted, nor is it still clear what the proposal
will actually do and needs further communication for which there is no time.
2) The City does not have in hand the actual grant agreement.
3) City staff have been trying to determine as late as the past day
(12/1/2010) how much flexibility the City has to work the proposal into something
palatable to the people affected by it on both sides of Taft Speedway St. --
interpretation, intent, purpose, scope, and communication via the State appear to be
dysfunctional
4) The project as written is probably not capable of being executed as written, and its
being executed as written appears to be the only option for accepting the funds.
5) Executing this proposal might ultimately have the effect of condemning, more or less,
the waterfront homes on Taft Speedway, a historic neighborhood.
6) The proposal makes claims which are false and may be actionable and would put the City
in jeopardy (examples: a matter is not "urgent"
when the threat it is designed to prevent is a .2% or even a .5% probable event; no
minority persons are claimed to be adversely affected, whereas there are three in the Taft
Speedway neighborhood).
7) Research suggests that levees have a poor benefit-cost analysis over time. The
University of Iowa has rejected levees as a method of flood prevention on the waterway.
Compounding the issue is the unusual use of the levee as a road substrate such that there
may be unacceptable risk in the proposal's requirement to develop a levee with a road on
top.
8) This is not a good proposal as written. It should never have been made. The timing of
the funding suggests it was the act of a failing regime in Des Moines which probably never
evaluated what was in it and can't administer the monies now competently or in a
reasonable time frame
9) There are better ways to do flood mitigation in the area that would be acceptable to
more of the residents and protect and promote the value of all of the properties in the
area, not just Idyllwild's at the expense of Taft Speedway's.
10) It would create a permanent scar of shame across the flood plain that would
memorialize the tyranny of fear among a majority over the lives of a few.
Sincerely,
Joel Wilcox
119 Taft Speedway St.
1
Marian Karr
From: wilcoxfam4@lycos.com
Sent: Wednesday, December 01, 2010 11:45 PM
To; Council
Subject: Vote No For Taft Speedway Proposal
Dear Iowa City Council Members:
I recently received information from Iowa City staff that the grant proposal has to be
accepted as written. Therefore, I am contacting you again to vote No to accepting the
funds for the proposal. The following are reasons why the city should not accept the
funds:
The grant proposal was hastily written to meet the deadline. There are issues in it that
should have required more public input or further study prior to being submitted.
The grant proposal was written to protect a condominium association that functions as a
private entity at the expense of single family home owners.
The grant drastically affects my home, my neighbors, and our neighborhood.
I realize that it is difficult to turn down grant funds, but if the city accepts the
funds, the city becomes accountable for the project. It does not seem right that any
funds, especially funds from tax payers, should be used to pit one neighborhood against
another and ultimately destroy a perfectly fine and long established neighborhood.
Please vote No for this grant.
Sincerely,
Catherine(Cathy)Wilcox
1
Page 1 of 1
~ ~~
Marian Karr
From: James Petran [petrans@earthlink.net]
Sent: Friday, December 03, 2010 9:49 AM
To: Council
Subject: Old Man River
This correspondence will become a public record.
James Petran
petransC~earthlink.net
Dear Council members, As I have recently read a couple articles in the local
news pertaining to levees surrounding the Iowa River, so I thought I would
throw in my two cents worth. It seems the discussion revolves around a small
number of property owners asking the government to protect them from
mother nature at all costs. The money is available to build levees so we better
spend it....which as we all know is seldom fiscally responsible and in this
instance does not address the greater good of the community. As a resident of
the Manville Heights neighborhood, I often walk and bike around city park,
enjoying the natural habitat that the Iowa River lends to this area of our city.
The prospect of destroying the beauty of this area with an ugly rock wall would
forever change the character of the river. I only need suggest that you drive
down Rocky Shore Drive and look at the levee currently being built, it is nothing
short of an eyesore that scars the landscape. And I would hate to think that this
is what would be looking at from our wonderful city park. Please do not
overlook the aesthetic value that a river gives to a community, it is not just a
drainage ditch, but a natural thing of beauty that made people want to settle
here in the first place. Thanks for taking the time to read this, James Petran
12/3/2010
rn ~B
12
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 10-512
RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A COMMUNITY
DEVELOPMENT BLOCK GRANT FOR THE CONSTRUCTION OF A LEVEE ON THE
EAST SIDE OF THE IOWA RIVER BETWEEN THE CRANDIC RAILROAD AND
HIGHWAY 6 AND TO SIGN THE GRANT AGREEMENT.
WHEREAS, on November 1, 2010 the Iowa Department of Economic Development
awarded the City of Iowa City $3,900,000 in Community Development Block Grant
(CDBG) Disaster Recovery Enhancement Funds for the construction of a levee along the
east side of the Iowa River between the Crandic Railroad and Highway 6; and
WHEREAS, the City Council finds that the public interest will be served by accepting the
funds and entering into a grant agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
The City Manager is authorized to accept the CDBG Disaster Recovery Enhancement
Funds and, upon review by the City Attorney, to sign the grant agreement. The City Clerk
is authorized to attest to the grant agreement if an attestation is required.
Passed and approved this 7th day of December, 2010.
/~'C(il , ~ ~.
MAYOR
ATTEST: ~ i~~ -~~•~ ~- "
CITY - LERK
~.~c~ I a ~,~ ~ro
City Attorney's Office
Resolution No. 10-512
Page 2
It was moved by Wright and seconded by
adopted, and upon roll call there were:
AYES:
-~_
x
x
x
x
_~-
~_
NAYS:
Wilburn the Resolution be
ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
wpdata/glossary/resolution-ic. doc
M~q
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO.
10-513
RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A COMMUNITY
DEVELOPMENT BLOCK GRANT FOR THE CONSTRUCTION OF A LEVEE ON TAFT
SPEEDWAY AND NO NAME ROAD AND TO SIGN THE GRANT AGREEMENT.
WHEREAS, on November 1, 2010 the Iowa Department of Economic Development
awarded The City of Iowa City $8,011,800 in Community Development Block Grant
(CDBG) Disaster Recovery Enhancement Funds for the construction of a levee to elevate
Taft Speedway and No Name Road; and
WHEREAS, the City Council finds that the public interest will be served by accepting the
funds and entering into a grant agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
The City Manager is authorized to accept the CDBG Disaster Recovery Enhancement
Funds and, upon review by the City Attorney, to sign the grant agreement. The City Clerk
is authorized to attest to the grant agreement if an attestation is required.
Passed and approved this 7th day of December, 2010.
r~~ ~`7
MAYOR
ATTEST: -
CtT LERK City Attorney's Office
Resolution No. 10-513
Page 2
It was moved by Bailey and seconded by
adopted, and upon roll call there were:
AYES:
X
~-
x
x
x
x
~.-
NAYS:
Wilburn the Resolution be
ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
~~
14
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO.
10-514
RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A COMMUNITY
DEVELOPMENT BLOCK GRANT TO FLOODPROOF 3 WELL HOUSES AND TO SIGN
THE GRANT AGREEMENT.
WHEREAS, on November 1, 2010 the Iowa Department of Economic Development
awarded the City of Iowa City $142,182 in Community Development Block Grant (CDBG)
funds to floodproof 3 well houses at the water treatment plant site;
WHEREAS, these funds will serve as a 25% match to a Hazard Mitigation Grant Program
award to floodproof the well houses; and
WHEREAS, the City Council finds that the public interest will be served by accepting the
funds and entering into a grant agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
The City Manager is authorized to accept the CDBG funds and, upon review by the City
Attorney, to sign the grant agreement. The City Clerk is authorized to attest to the grant
agreement if an attestation is required.
Passed and approved this 7th day of December, 2010.
/~~~
MAYOR
~~ ~ ~~~~9J I ~ ~ ~ ~ ( o
ATTEST: ~ .~~.~___.1~'~~
CITY ERK City Attorney's Office
Resolution No. 10-514
Page 2
It was moved by Wilburn and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
~_
x
~_
~_
x
x
x
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
wpdata/glossary/resolution-ic. doc
M-~~
Prepared by: Tammy Neumann, Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5210
RESOLUTION NO. 10-515
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND MMS CONSULTANTS INC. OF
IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR
COURT HILL TRAIL PHASE 3 OF 3 FROM SCOTT BOULEVARD EAST TO
WINDSOR RIDGE.
15
WHEREAS, the City of Iowa City was awarded a grant by the Iowa Department of Transportation
to construct a trail as an extension of the Court Hill trail project; and
WHEREAS, the City of Iowa City desires the services of a consulting firm to prepare preliminary
and final design drawings and specification for bidding and construction of the Court Hill Trail
Phase 3 of 3 from Scott Boulevard east to Windsor Ridge; and
WHEREAS, the City of Iowa City has negotiated an agreement for said consulting services with
MMS Consultants, Inc., to provide said services; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with MMS
Consultants, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE. CITY OF IOWA
CITY, IOWA THAT:
1. The Consultant Agreement attached hereto is in the public interest, and is approved as
to form and content.
2. The Mayor and the City Clerk are hereby authorized and directed to execute the
attached Consultant Agreement.
Passed and approved this 7th day of December , 20.10.
MAYOR
ATTEST: ~~ i ~rJ ~J
CITY ~ERK
It was moved by Wilburn and seconded by
adopted, and upon roll call there were:
Approved by
~u/i!%C ~O ~-~=~YL,ti'v7JZ~7~ T~~/GJZef1 ~J
City Attorney's Office / 13 d ~i ~
Dickens the Resolution be
AYES: NAYS: ABSENT:
x Bailey
~_ Champion
~ Correia
_
x Hayek
x O'Donnell
g Wilburn
X Wright
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 7th day of December, 2010, by and
between the City of Iowa City, a municipal corporation, hereinafter referred to as the City
and MMS Consultants, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant.
Whereas the City requests assistance with preparation of plans and specifications for
Court Hill Trail -Phase 3 of 3 from Scott Boulevard east to Windsor Ridge.
NOW THEREFORE, it is agreed by and between the partied hereto that the City does
now contract with the Consultant to provide services as set forth herein.
I. SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely
and satisfactory manner. All phases of services will include the necessary work for
compliance with Iowa Department of Transportation (Iowa DOT) State Recreational
Trails Program funding requirements.
Concept Statement
The Consultant, with input from City staff, shall prepare the project conceptual
layout and prepare the Iowa DOT Concept Statement for Local Systems Federal-
Aidprojects.
Design Development Phase
A. Design Surveys
The Consultant shall perform surveys as necessary to prepare strip topography
along the project route.
B. Base Map Preparation
Base maps to facilitate the trail design will be prepared from the topographic
survey information. The maps will be prepared along the proposed alignment
and will include existing topography features, right-of--way and easement
lines, buried utilities based on field locates, and above-ground surface features
affected by the proposed construction.
^ Collect field data. This includes, but is not limited to a topographic survey
with all applicable features identified. Both surface and below-surface
elements shall be surveyed for the project area.
^ Coordinate with Utilities. This includes making aOne-Call for utility locates
and including these utilities in the plan set.
C. Preliminary Design
1. Based on approved design concept plan, prepare a geometric
layout plan of the proposed trail.
2. Prepare horizontal and vertical alignments to be used as the basis
for final design.
3. Identify final design constraints for phased construction and review
construction phasing plan as necessary to coordinate with access
and construction.
4. Prepare anticipated trail project schedule and opinion of probable
construction cost.
^ Prepare preliminary plan and cost estimates for review.
Three sets of this approximately 50% complete set shall be
submitted
5. Prepare a report to the Iowa City engineer to analyze the amount of
sedimentation in the storm basin on the east side of Scott
Boulevard.
6. Prepare and submit required initial submittals to the City and Iowa
DOT for preliminary design approval.
^ Recommend an appropriate method of construction to Parks
and Recreation Department and Engineering Staff.
^ Review preliminary plan with Iowa Department of
Transportation officials.
7. Meet with City staff representatives to review preliminary project
design and obtain review comments.
^ Review preliminary plan with Parks and Recreation
Department and Engineering staff.
Construction Document Phase
A. Final Design
Determine the pavement structures including type, thickness of surfacing,
subgrade design, drainage design, typical joint designs, and related pavement
details.
B. Typical Pavement Sections
The final design typical pavement sections will be developed for the project.
These sections will show the pavement section, subgrade and grading
requirements.
C. Final Plan and Profiles
The final design and drafting of the trail plan and profiles will be prepared on
base maps prepared for the project. This will include all detailed information
required by the Iowa DOT and shall be in accordance with SUDAS, Chapter
8, Section 2, Table 2.1, current edition.
D. Final Design Cross-Sections
Prepare the final design of the individual cross-sections for the project. Cross-
sections will be developed at a maximum of 50-foot intervals with additional
cross-sections included as necessary. Cross-sections will show the existing
ground as well as final grading, foreslopes, backslopes, special subgrade
treatment, and other pertinent information.
E. Final Design Plans
Layout plans and appropriate detailed design drawings showing the project
and component parts shall consist of plans, elevations, sections, and other
drawings for bidding and construction purposes. Final design and drafting of
trail plan and profile sheets will include complete detailed information for
location of existing utilities, typical cross-sections, and individual cross-
sections. Plan and profile sheets will be prepared at a 20 scale.
F. Final Storm Drainage Design
Final design and drafting of the storm drainage system, storm sewer inlets,
manholes, culverts, ditches, and other storm drainage appurtenances on the
project will be developed. The design of the storm sewer system will be
based on current Iowa DOT accepted standards and Iowa City design
standards.
G. Erosion Control
Final design and drafting of temporary and permanent erosion control
measures to be provided on the project during construction will be completed.
H. Signing and Pavement Markings
Final design and drafting of applicable trail signing and pavement markings.
I. Lighting
Lighting will be designed and included. No additional trail lighting is
included.
Sitting Nodes
Sitting nodes consisting of benches and appurtenances will be designed and
included. Buildings and kiosks are not included.
K. Final Design of Incidental Components.
Prepare Construction Sequence Plan.
Prepare Traffic Control Plan.
Design work considered incidental to the project and not stated herein,
necessary to construct a final completed project shall be the responsibility of
the Consultant and no additional compensation shall be provided.
L. Specifications
The Iowa DOT standard specifications for highway and bridge construction
will be utilized as the technical specifications for the project. The Iowa DOT
standard contract documents will also be utilized for this project.
Supplemental specifications and special provisions required by the project
will be prepared and incorporated with the standard documents.
M. Final Quantities
The final bid quantities will be determined and included with the project
specifications bidding form.
N. Final Cost Opinion
The final bid quantities will be determined and included with the project
specifications bidding form.
Prepare Construction Cost estimate.
O. Submittals, Reviews, and Revisions
Prepare and review 90% plans and specifications with Parks and Recreation
Department and Engineering staff. Three sets of the 90% plans shall be
submitted.
Submit plans to the City and Iowa DOT per the Iowa DOT Project
Development submittal dates (I.M. No. 3.005). Comments and revisions
resulting from this review will be incorporated into the final plans prior to
their completion.
P. Final Plan and Specification Submittal
Submit final plans, specifications, contract documents, and opinion of
probable construction costs to the City and Iowa DOT for final approval.
Prepare Construction Cost estimate.
Q. Assemble Plan Documents
Following final plan revisions, assemble title sheet, project quantities and
references sheet, location plan, pavement detail sheets, grading plan and
profile sheets, typical section and tabulation sheets, and cross-section sheets.
R. Permitting
Prepare and submit IDNR NPDES on behalf of the City of Iowa City
Iowa DNR NPDES erosion control permit application and stormwater
pollution prevention plan shall be prepared by the Consultant. Consultant
shall submit for City of Iowa City work in flood plain permit. Permits beyond
these are not anticipated for this project. Should additional permitting be
required for this project these services may be provided as additional services.
Bidding Phase
Provide reproducible drawings to the Iowa DOT for utilization in their
bidding procedure. The Consultant shall respond to questions as received and
prepare addenda as necessary.
Assist with bidding process as requested.
Recommend award of project as requested.
Construction Phase
Consultant shall attend and participate in the preconstruction meeting with
the City and Contractor prior to construction.
1. Attend and present at public meetings if required.
2. Finalize plans and specifications as bid documents including erosion
control and traffic control plan. The plans shall include, but be limited to
the following elements: New P.C.C. Recreation Trail, Scott Boulevard
Pedestrian Crossing drainage structures, predesigned Pedestrian Bridges,
access road to Rita's Ranch Dog Park, slope protection and creek channel
protection, removal and replacement of pavement as required, restoration
of existing landscaping as required, traffic control, and both typical and
special details as required and traffic signing and pavement markings.
Submit Final Plans to IDOT for letting.
4. Final Plan submittal shall include 3 hard copies of the plans;
specifications, and cost estimate. It shall also include electronic
submittals.
5. Present to City Council as requested.
6. Assist with bidding process as requested.
7. Recommend award of project as requested.
The following scope items are not currently part of this agreement. If authorized under a
Supplemental Agreement, the Consultant shall furnish or obtain from others the
following services
1. Printing and distribution of plans and specifications during the letting
process.
2. Legal boundary surveys.
3. Property acquisition assistance.
4. Construction staking.
5. Construction Inspection.
The City of Iowa City will provide existing planimetrics, contours, aerial photography,
standard specifications and standard details. They will also supply hard copies of
existing water, storm sewer, sanitary sewer plats, storm detention basin plans, and road
plans for the project area.
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
All Scope of Services items shall be completed within 18 months from the date this
agreement is executed. Final submittal deadline shall be established per the Iowa City
Council schedule but the targeted final submittal deadline is Apri129, 2011. 50% Plans
shall be submitted a minimum of 8 weeks prior to the final submittal deadline. 90%
Plans, Specifications, and Cost Estimate shall be submitted a minimum of 4 weeks prior
to the final submittal deadline. The project schedule is as follows:
Design Development and Construction Document Phases: November 2010 -
Apri12011
Bidding Phase: July 2011 -August 2011
Construction Phase: September 2011- May 2012
March 2012: Signing and painting
May 2012: Final Review
III. GENERAL TERMS
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
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.
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.
B. Should the City terminate this Agreement, the Consultant shall be paid for all
work and services performed up to the time of termination. However, such sums
shall not be greater than the "lump sum" amount listed in Section IV. The City
may terminate this Agreement upon seven (7) calendar days written notice to the
Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
Parties to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be
exclusive, but the Consultants shall have the right to employ such assistance as
maybe required for the performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed
by the Consultant for the project shall be available by said City upon reasonable
request to the Consultant. The City agrees to furnish all reasonable assistance in
the use of these records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend meetings of the City
Council relative to the work set forth in this Agreement. Any requests made by
the City shall be given with reasonable notice to the Consultant to assure
attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use
relative to specific projects covered under this Agreement. In such event, the
Consultant shall not be liable for the City's use of such documents on other
projects.
I. The Consultant agrees to fizrnish all reports, specifications, and drawings with the
seal of a professional engineer affixed thereto or such seal as required by Iowa
law.
J. The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance
with this Agreement shall constitute grounds for the City to withhold payment of
the amount sufficient to properly complete the Project in accordance with this
Agreement.
K. 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.
L. Original contract drawings shall become the property of the City. The Consultant
shall be allowed to keep Mylar reproducible copies for the Consultant's own
filing use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project
will be paid by the City.
N. Upon signing this agreement, Consultant acknowledged 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
O. The Consultant agrees at all times material to this Agreement to have and
maintain professional liability insurance covering the Consultant's liability for the
Consultant's negligent acts, errors and omissions to the City in the sum of
$1,000,000.
IV. COMPENSATION FOR SERVICES
The Consultant shall be paid according to the hourly rate schedule attached and
incorporated herein by this reference, with the maximum fee for each phase listed below.
Billing statements and written progress reports shall be submitted monthly for payment
by the City.
A. Design Development and Construction Document Phases: $87,000.00, plus a
maximum fee of $2,000 for the storm basin sedimentation analysis.
B. Bidding Phase: $4,500.00.
C. Construction Phase: $20,000.00.
V. MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in accordance with the
generally accepted standards of the Engineering Profession.
B. It is further agreed that there are no other considerations or monies contingent
upon or resulting from the execution of this Agreement, that it is the entire
Agreement, and that no other monies or considerations have been solicited.
FOR THE CITY FOR THE CONSULTANT
(~ 1 ~ n ~D. its n ~,~
Title Mayor Title: Pi'e,J 6~ui, E-
Date: December ~~~ot~ Date: /i/~ilem~~-~ ~~~ Zalc~
ATTEST: ,~ ~ ~ r~ °~4~?~~
City Clerk
Z01 D Rates All Departments - --.
Work Code Description Amount /Hour
g1 Administrative Assistant $53.00
g2 Clerical $53.00
g3 Clerical Support Specialist $38.00
g6 Expert Witness $170.00
g1 Senior Cad Technician $107:00
g2 CAD Technician I $60.00
g3 CAD Technician II $53.00
11 Engineer I $107.00
12 Engineer II $95.00
13 Engineer III $83.50
14 Engineer IV $72.00
41 Engineering Technician I $83.00
42 Engineering Technician II $70.50
43 Engineering Technician 111 $63.00
44 Engineering Technician IV $54.00
51 Geologist $73.50
52 Wetland Scientist $71.50
53 Soil/Wetland Technician $55.00
21 Landscape Arch I $107.00
22 Landscape Arch II $90.00
23 Landscape Arch III $68.50
24 Landscape Arch IV $55.00
31 Land Surveyor I $107.00
32 Land Surveyor II $91.50
33 Land Surveyor III $80.00
34 Land Surveyor II GPS/Robotics $116.50
35 Land Surveyor IGPS/Robotics $132.00
38 Land Surveyor III GPS/Robotics $105.00
45 Research Administrative Assistant $63.00
71 Survey Chief $79.00
72 Survey Tech I $65.00
73 Survey Tech II $56.00
74 Survey Tech IGPS/Robotics $90.00
75 Survey Chief GPS/Robotics $104.00
76 Survey Tech II GPS/Robotics $81.00
Friday, January 29, 2010 Page I of 1
'~
/lo
Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5410
RESOLUTION NO. i ~-5 ~ 6
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE WATER PLANT
WELLHOUSE SOURCE PROTECTION PROJECT.
WHEREAS, the City of Iowa City desires to protect the water supply source wells during flood
events; and
WHEREAS, the project will construct flood mitigation improvements in the Water Works Prairie
Park for Collector Well 1, Collector Well 2, and the Sand Pit Pumping Station; and
WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final
design services, provide bidding services, and provide construction phase engineering services
for construction of the Water Plant Wellhouse Source Protection Project; and
WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with
Howard R. Green Company, to provide said services; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with Howard R.
Green Company.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. 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
Consultant's Agreement.
Passed and approved this 7th day of December , 20 l0
/~'d~~ ~
MAYOR
ATTEST:T~ ~~~J ...~ `~~~/~~
CITY CLERK
Approved by
!Ci y Attorney's Office i~/Z~~,IJ~
Pweng/resrMrplantwel Ihouse[lesignagt. doc
Resolution No. 10-516
Page 2
It was moved by wri~ht and seconded by Mims the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
_~-
x
x
x
X
~_
~_
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 7th day of December , 2010,
by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City
and Howard R. Green Company (HR Green), of Cedar Rapids, Iowa, hereinafter referred to as
the Consultant.
WHEREAS, the City desires to implement flood mitigation improvements at the Water Works
Prairie Park well field site for CW 1, CW 2, and SPPS, all according to the Preliminary
Engineering Report, Flood Mitigation Study, Water Source Well Houses dated August 25, 2009.
WHEREAS, the Consultant shall perform design, bidding, and construction phase engineering
services for said project.
NOW THEREFORE, it is agreed by and between the parties hereto that the City does now
contract with the Consultant to provide services as set forth herein.
SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner. The Consultant shall adhere to and follow all the requirements set forth in 44
CFR 13.36(1) as outlined in Exhibit A, and Community Development Block Grant Guidelines, as
outlined in Exhibit B, which are incorporated within.
Preliminary and General Work
Conduct a kickoff meeting with City to review the project scope, schedule, and fee, and
to discuss key elements.
2. Conduct a kickoff meeting with HR Green project team to review the project scope,
schedule, fee, and key elements.
3. Collect maps, drawings, specifications, reports, and other pertinent information from
City.
4. Perform design survey and base mapping services of the project areas, to include
topographic and utility location surveying.
5. Provide project management throughout the project.
Design Phase Services
Prepare construction drawings, anticipated as 22 sheets to include the following:
1. Cover Sheet with Index, Vicinity Map, and Location Map
2. Symbology and Reference Data
3. CW 1 Site Demolition Plan & Details
4. CW 1 Bui-ding Demolition Plan & Details
5. CW 2 Site Demolition Plan & Details
6. CW 2 Building Demolition Plan & Details
-2-
7. SPPS Site Demolition Plan & Details
8. SPPS Building Demolition Plan & Details
9. CW 1 Civil Site Plan & Details
10. CW 2 Civil Site Plan & Details
11. SPPS Civil Site Plan & Details
12. Structural Plans, Sections & Details
13. Structural Details
14. CW 1 Electrical Site Plan & Details
15. CW 2 Electrical Site Plan & Details
16. SPPS Electrical Site Plan & Details
17. CW 1 Electrical Building Plan & Details
18. CW 1 Electrical One-Line Diagram, Schedules & Details
19. CW 2 Electrical Building Plan & Details
20. CW 2 Electrical One-Line Diagram, Schedules & Details
21. SPPS Electrical Building Plan & Details
22. SPPS Electrical One-Line Diagram, Schedules & Details
2. Prepare construction specifications and contract documents.
3. Prepare an opinion of probable cost for the project at the 50% and 90% complete
milestones. Perform cost trending to identify elements of the current design that have
either increased or decreased the construction and/or engineering cost or time.
4. Perform QA/QC review of drawings, specifications, contract documents, and opinion of
probable cost at the 50% and 90% complete milestones.
5. Submit 6 copies of the drawings, specifications, contract documents, and opinion of
probable cost at the 50% and 90% complete milestones to City staff for review. Submit
copies of review documents to City staff one week prior to each project status meeting.
6. Conduct project status meetings with City staff to review the 50% and 90% complete
documents, discuss content and schedule of remaining work, and receive comments
and approvals of these efforts. Incorporate City comments as agreed upon in the
project status meetings.
7. Prepare final drawings, specifications, and contract documents incorporating comments
as agreed upon in the 90% complete review meeting.
8. Provide a final opinion of probable cost for the project to file with the completed
documents.
9. Furnish 6 copies of the final drawings, specifications, contract documents, and opinion
of probable cost to City.
10. Prepare and submit permit applications necessary for approval of construction of the
proposed improvements. These include IDNR Water Supply Construction Permit;
IDNR/USACOE Joint Nationwide Permit for Construction in Floodplain; and City
Floodplain Development Permit for Construction in Floodplain.
11. Develop a final project schedule for advertisement, bidding, and construction
completion.
-3-
Bidding Phase Services
1. Print the required number of drawings, specifications, and contract documents for
distribution to prospective bidders, suppliers, and plan rooms for the project. Anticipated
to be 40 sets of documents.
2. Advertise for bids for the construction of the project by mailing an informal Notice of
Project to prospective bidders and suppliers. City shall publish the legal Notice of Public
Hearing and Notice to Bidders for the project in a local newspaper.
3. Furnish copies of drawings, specifications, and contract documents to prospective
bidders, suppliers, plan rooms, and other interested parties.
4. Receive and process deposits for bidding documents and maintain a record of parties to
whom bidding documents have been issued.
5. Correspond with prospective bidders, suppliers, and other interested parties with
questions and comments during the bid period.
6. Prepare and issue addenda as appropriate to interpret, clarify, or expand bidding
documents.
7. Coordinate and conduct apre-bid meeting and distribute minutes of the meeting to all
plan holders.
8. Attend the bid opening and assist City with opening of bids.
9. Prepare bid tabulation sheets and distribute to City and all plan holders.
10. Assist City in evaluating bids and awarding a construction contract. Issue a Notice of
Award to contractor.
11. Prepare construction contract documents and submit to contractor for completion.
12. Review and submit the executed contract documents to City for approval.
Construction Phase Services
1. Coordinate and conduct a preconstruction conference with representatives of City,
contractor, subcontractors, engineer, and other public and private utility companies, and
distribute minutes of the meeting to all attendees. Issue a Notice to Proceed to
contractor.
2. Establish control points and benchmarks for the contractor's use in his detailed staking
of the project.
3. Review any necessary shop drawings, samples, and manufacturer's data furnished by
contractor. The shop drawing reviews will be completed in accordance with the project
specifications.
4. Provide general correspondence with City, contractor, subcontractors, and suppliers
throughout the project duration, estimated as 4-month construction duration. Act as
City's representative, consult with and advise City, issue instructions to contractor, and
have the authority to act on behalf of City. Interpret the intent of the drawings,
specifications, and contract documents to protect City against defects and deficiencies
in construction on the part of contractor, however, the Engineer cannot guarantee the
-4-
performance of any contractor. Three hours per week for the estimated construction
duration of 4 months, or 17 weeks, is planned. A total of 52 hours is budgeted.
5. Provide intermittent engineering review of the work of the contractor as construction
progresses to ascertain that the contractor is conforming to the design concept. Two
site visits per month by the project engineer are proposed during the 4-month
construction duration. A total of 64 hours and 8 trips are budgeted.
6. HR Green will not provide routine resident project representative construction
observation of the work of the contractor to assure proper verification of methods and
materials used -City staff will provide these services.
7. Attend regularly scheduled jobsite construction progress meetings conducted by the
contractor, estimated at a frequency of once per month for the 4-month construction
duration included in the intermittent engineering review.
8. Review contractor's applications for monthly progress payments and final payment, and
when approved submit to City for payment. Estimated at a frequency of once per month
for the 4-month construction duration. A total of 8 hours is budgeted.
9. Review contractor's requests for change orders, advise City of the merit and
reasonableness of requests, and when finalized submit to City for approval. Estimated
at a frequency of once per month for the 4-month construction duration. A total of 8
hours is budgeted.
10. HR Green will not attend monthly City Council meetings for this project. City staff shall
report on the progress of the project and present contractor's applications for payments
and change orders for approval.
11. Submit to City a statement of substantial completion for the project.
12. Conduct one pre-final inspection and develop a punchlist of items remaining to be
completed by contractor. Estimated as one trip by project engineer. A total of 12 hours
and one trip are budgeted.
13. Conduct one final inspection to verify completion of punchlist items by contractor. A
total of 8 hours and one trip are budgeted.
14. Submit to City a statement of final completion for the project, and obtain from City
written final acceptance of the completed project.
15. Prepare record drawings based on construction records provided by contractor and
reviewed by resident project representative construction observer. Provide to City both
reproducible hard copy drawings and electronic AutoCAD files on CD.
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
A. Notice to proceed by: December 8, 2010
B. Preliminary work and information collection by: December 17, 2010
C. 50% complete review meeting by: January 21, 2011
D. 90% complete review meeting by: February 25, 2011
E. Submit final documents to City and permit agencies by: March 4, 2011
F. Advertise for Bids by: March 4, 2011
G. Hearing and letting, bid opening, award contract by: April 15, 2011
-5-
H. Pre-construction conference, notice to proceed by: May 6, 2011
I. Project completion by: September 7, 2011
III. GENERAL TERMS
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
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.
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.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work
and services performed up to the time of termination. However, such sums shall
not be greater than the "not to exceed" amount listed in Section IV. The City may
terminate this Agreement upon seven (7) calendar days' written notice to the
Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
Parties to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be
exclusive, but the Consultant shall have the right to employ such assistance as
may be required for the performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed by
the Consultant for the project shall be available by said City upon reasonable
request by the Consultant. The City agrees to furnish all reasonable assistance in
the use of these records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City
shall be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative
to specific projects covered under this Agreement. In such event, the Consultant
shall not be liable for the City's use of such documents on other projects.
The Consultant agrees to furnish all reports, specifications, and drawings, with the
seal of a professional engineer affixed thereto or such seal as required by Iowa
law.
-6-
The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance with
this Agreement shall constitute grounds for the City to withhold payment of the
amount sufficient to properly complete the Project in accordance with this
Agreement.
IV.
K. 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.
L. Original contract drawings shall become the property of the City. The Consultant
shall be allowed to keep mylar reproducible copies for the Consultant's own filing
use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project
will be paid by the City.
N. Upon signing this agreement, Consultant acknowledged 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.
O. The Consultant agrees at all times material to this Agreement to have and maintain
professional liability insurance covering the Consultant's liability for the
Consultant's negligent acts, errors and omissions to the City in the sum of
$1,000,000.
COMPENSATION FOR SERVICES
City shall pay Consultant a fee not to exceed $160,576.00, based on hourly rates plus
reimbursable expenses according to the attached Billing Rate Schedule, generally broken
down as follows in each phase of the project:
o Design Phase, including Preliminary and General Work (D) $94,226.00
o Bidding Phase (B) $18,767.00
o Construction Phase (CA) $47,583.00
o Resident Protect Representative Construction Observation (CO) $0.00
o TOTAL Fee (D + B + CA) $160,576.00
These fees are further broken down by facility (CW 1, CW 2, SPPS) by the percentage of
each facility's opinion of probable construction cost to the total opinion of probable
construction cost of all facilities. This breakdown is as follows:
CW 1
49.32%
• D 46,472.00
• B 9,256.00
• CA 23,468.00
• TOTAL 79,196.00
CW 2 SPPS TOTAL
25.62% 25.06% 100.00%
24,141.00 23,613.00 94,226.00
4,808.00 4,703.00 18,767.00
12,191.00 11,924.00 47,583.00
41,140.00 40,240.00 160,576.00
V. MISCELLANEOUS
-7-
A. All provisions of the Agreement shall be reconciled in accordance with the
generally accepted standards of the Engineering Profession.
B. It is further agreed that there are no other considerations or monies contingent
upon or resulting from the execution of this Agreement, that it is the entire
Agreement, and that no other monies or considerations have been solicited.
FOR THE CITY
Title: Mayor
Date: December 7, 2010
ATTEST: Ge~s~ ~ • ~C%~
Cit Clerk
FOR THE CONSULTANT
By:
Title: 1~~~ ~l^e.I/ Gi~T
Date:
Approved By:
f ~ ~' ~'i~
City Attorney's Office ~ ~ ~ ~~;
pw\forms\co n sag mt.frm
0:\PROJ\529190P041ADMIN\agt-111110-1owa_City-Plant_Site_Flood_Mitigation, doc
EXHIBIT A
The City is referred to as "contractor and recipient" below and Consultant as "subcontractor and
subrecipient." City and Consultant agree to abide by the following provisions, as applicable:
1) Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), as amended.
Contracts and subgrants of amounts in excess of $100,000 shall comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.)
and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations
shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA).
Contractors and subcontractors agree:
a. That any facility to be used in the performance of the contract or subcontract or to benefit
from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating
Facilities;
b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42
U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33
U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as
all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all
other regulations and guidelines issued thereunder;
c. That, as a condition for the award of this contract, the contractor or subcontractor will notify
the awarding official of the receipt of any communication from the EPA indicating that a facility to
be used for the performance of or benefit from the contract is under consideration to be listed on
the EPA List of Violating Facilities;
d. To include or cause to be included in any construction contract or subcontract which exceeds
$100,000 the aforementioned criteria and requirements.
2) Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333)
Where applicable, all contracts awarded by recipients in excess of $2,000 for construction
contracts and in excess of $2,500 for other contracts that involve the employment of mechanics
or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of
Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be
required to compute the wages of every mechanic and laborer on the basis of a standard
workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the
worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours
worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to
construction work and provides that no laborer or mechanic shall be required to work in
surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
3) Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c)
All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients
and subrecipients shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as
supplemented by Department of Labor regulations (29 CFR part 3, 'Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or subrecipient shall be
prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he is otherwise entitled.
The recipient shall report all suspected or reported violations to HUD.
4) Davis-Bacon Act, as amended (40 U.S.C. 276a to 276a-5)
When required by Federal program legislation, all construction contracts awarded by the
recipients and subrecipients of more than $2,000 shall include a provision for compliance with
the Davis- Bacon Act (40 U.S.C. 276a to 276a-5) and as supplemented by Department of Labor
regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing
Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to
pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors shall be required to
pay wages not less than once a week. The recipient shall place a copy of the current prevailing
wage determination issued by the Department of Labor in each solicitation and the award of a
contract shall be conditioned upon the acceptance of the wage determination. The recipient shall
report all suspected or reported violations to HUD.
5) Debarment and Suspension (E.O.s 12549 and 12689)
No contract shall be made to parties listed on the General Services Administration's List of
Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with
E.O.s 12549 and 12689, "Debarment and Suspension," as set forth at 24 CFR part 24. This list
contains the names of parties debarred, suspended, or otherwise excluded by agencies, and
contractors declared ineligible under statutory or regulatory authority other than E.O. 12549.
Contractors with awards that exceed the small purchase threshold shall provide the required
certification regarding its exclusion status and that of its principal employees.
6) Drug-Free Workplace Requirements
The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals)
of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide
drug-free workplaces. Each potential recipient must certify that it will comply with drug-free
workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24,
subpart F.
7) Equal Employment Opportunity
Contractor shall comply with E.O. 11246, "Equal Employment Opportunity," as amended by
E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"
and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
During the performance of the contract, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex or national origin. The Contractor will take affirmative action to
insure that applicants are employed and that employees are treated during employment, without
regard to their race, color, religion, sex or national origin. Such action shall include, but not be
limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the municipality setting
forth the provisions of the non-discrimination clause.
(b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
(c) The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice, to be provided by the
property Owner, advising the labor union of workers' representative of the Contractor's
commitments under this section and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations and relevant orders of the Secretary of Labor.
(e) The Contractor will furnish all information and reports required by Executive Order 11246
amended as of September 24, 1965, and by the rules, regulations and orders of the Secretary of
Labor, or the Secretary of Housing and Urban Development, pursuant thereto, and will permit
access to his books, records, and accounts by the property owner, the City, the Secretary of
Housing and Urban Development and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations and orders.
(f) In the event of the Contractor's non-compliance with the non-discrimination clauses of this
contract or with any of such rules, regulations or orders, this contract may be cancelled, terminated
or suspended in whole or in part and the Contractor may be declared ineligible for further
Government contracts or Federally funded constructed contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies involved as provided in Executive Order 11246 of September 24, 1965, or
by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law.
(g) The Contractor will include the provisions of paragraphs (a) through (g) in every subcontractor
purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the property owner may direct as a means of
enforcing such provisions, including sanctions for non-compliance; provided, however, that, in the
event the Contractor becomes involved in, or is threatened with litigation with a subcontractor or
vendor as a result of such direction, the Contractor may request the United States to enter into
such litigation to protect the interest of the United States.
In addition to the federal EEO requirements above, Contractor agrees that its employees and
agents shall not discriminate against any person in employment or public accommodation because
of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or
physical disability, marital status, or age. "Employment" shall include but not be limited to hiring,
accepting, registering, classifying, promoting, or referring to employment. "Public accommodation"
shall include but not be limited to providing goods, services, facilities, privileges and advantages to
the public.
8) Lobbying and Influencing Federal Employees
(1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the making of any Federal grant and the amendment or modification of any
Federal grant.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL,
"Disclosure of Lobby Activities," in accordance with its instructions.
9) Nonsegregated Facilities
The federally-assisted construction contractor certifies that she or he does not maintain or
provide, for his employees, any segregated facilities at any of his establishments and that she or
he does not permit his employees to perform their services at any location, under his control,
where segregated facilities are maintained. The federally-assisted construction contractor
certifies that she or he will not maintain or provide, for his employees, segregated facilities at any
of his establishments and that she or he will not permit his employees to perform their services at
any location under his control where segregated facilities are maintained. The federally assisted
construction contractor agrees that a breach of this certification is a violation of the Equal
Opportunity Clause in this contract.
As used in this certification, the term "segregated facilities" means any waiting rooms, work
areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms
and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation, and housing facilities provided for employees which are segregated by
explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin
because of habit, local custom, or any other reason. The federally-assisted construction
contractor agrees that (except where she or he has obtained identical certifications from
proposed subcontractors for specific time periods) she or he will obtain identical certifications
from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are
not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain
such certifications in his files.
10) Section 3 of the Housing and Urban Development Act of 1968
Contractor agrees to comply with Section 3 requirements, the regulations set forth in 24 CFR 135,
and to include the following language in all subcontracts executed under this Agreement:
A. The work to be performed under this contract is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The
purpose of Section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD-assisted projects covered by Section 3 shall, to the
greatest extent feasible, be directed to low- and very low-income persons, particularly persons
who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which
implement Section 3. As evidenced by their execution of this contract, the parties to this
contract certify that they are under no contractual or other impediment that would prevent them
from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the contractor's
commitments under this Section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference, shall set forth
minimum number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
contractor will not subcontract with any subcontractor where the contractor has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part
135.
E. The contractor will certify that any vacant employment positions, including training positions,
that are filled (1) after the contractor is selected but before the contract is executed, and (2)
with persons other than those to whom the regulations of 24 CFR part 135 require employment
opportunities to be directed, were not filled to circumvent the contractor's obligations under 24
CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination
of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to
comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with
section 7(b).
11) Women and Minority Owned Business Enterprises
Contractor shall use its best efforts to afford minority and women-owned business enterprises (at
least fifty-one (51) percent owned and controlled by minority group members or women) the
maximum practicable opportunity to participate in the performance of this Agreement.
12) Federal Labor Provisions
Applicability
The Project or Program to which the construction work covered by this contract pertains is being
assisted by ##e-United-Mates~f-Amexira~nd-the-fol~wing-F-ederaJ-Labor-Standards-P-r-ovasions- --
are included in this Contract pursuant to the provisions applicable to such Federal assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the
work will be paid unconditionally and not less often than once a week, and without subsequent
deduction or rebate on any account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full
amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor and such laborers
and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits
under Section I(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv);
also, regular contributions made or costs incurred for more than a weekly period (but not less
often than quarterly) under plans, funds, or programs, which cover the particular weekly period,
are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the
wage determination for the classification of work actually performed, without regard to skill,
except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than
one classification may be compensated at the rate specified for each classification for the time
actually worked therein: Provided, That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed. The wage determination (including
any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-
Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible, place where it can be easily seen by the
workers.
(ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and
which is to be employed under the contract shall be classified in conformance with the wage
determination. HUD shall approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification
in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and HUD or its designee agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the
action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C.
20210. The Administrator, or an authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt and so advise HUD or its designee
or will notify HUD or its designee within the 30-day period that additional time is necessary.
(Approved by the Office of Management and Budget under OMB control number 12150140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and HUD or its designee do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its
designee shall refer the questions, including the views of all interested parties and the
recommendation of HUD or its designee, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day
period that additional time is necessary. (Approved by the Office of Management and Budget
under OMB Control Number 12150140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in
the classification under this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall
either pay the benefit as stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs rea-
sonably anticipated in providing bona fide fringe benefits under a plan or program, Provided,
That the Secretary of Labor has found, upon the written request of the contractor, that the
applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require
the contractor to set aside in a separate account assets for the meeting of obligations under the
plan or program. (Approved by the Office of Management and Budget under OMB Control
Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with the same prime contractor, or
any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements,
which is held by the same prime contractor so much of the accrued payments or advances as
may be considered necessary to pay laborers and mechanics, including apprentices, trainees
and helpers, employed by the contractor or any subcontractor the full amount of wages required
by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice,
trainee or helper, employed or working on the site of the work, all or part of the wages required
by the contract, HUD or its designee may, after written notice to the contractor, sponsor,
applicant, or owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have ceased. HUD or its
designee may, after written notice to the contractor, disburse such amounts withheld for and on
account of the contractor or subcontractor to the respective employees to whom they are due.
The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act
contracts.
3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work preserved for a period of three years
thereafter for all laborers and mechanics working at the site of the work. Such records shall
contain the name, address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs anticipated for
bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B)
of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the
wages of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis-Bacon
Act, the contractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics affected, and records
which show the costs anticipated or the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approved by the Office of Management and Budget under OMB Control
Numbers 1215-0140 and 1215-0017.)
(ii) (a) The contractor shall submit weekly for each week in which any contract work is performed
a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the
agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or
owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall
set out accurately and completely all of the information required to be maintained under 29 CFR
5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is
available for this purpose and may be purchased from the Superintendent of Documents
(Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC
20402. The prime contractor is responsible for the submission of copies of payrolls by all
subcontractors. (Approved by the Office of Management and Budget under OMB Control
Number 1215-0149.)
(b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the per-
sons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained
under 29 CFR 5.5 (a)(3)(i) and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on
the contract during the payroll period has been paid the full weekly wages earned, without re-
bate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR
Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in the
applicable wage determination incorporated into the contract.
(c) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compli-
ance" required by subparagraph A.3.(ii)(b).
(d) The falsification of any of the above certifications may subject the contractor or subcontractor
to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the
United States Code.
(iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i)
available for inspection, copying, or transcription by authorized representatives of HUD or its
designee or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, HUD or its designee may, after written notice to the
contractor, sponsor, applicant or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to
submit the required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually registered in a bona
fide apprenticeship program registered with the U.S. Department of Labor, Employment and
Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her
first 90 days of probationary employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has been certified by the Office of
Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be greater than the
ratio permitted to the contractor as to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. Where a contractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage rates (expressed in percentages
of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less than the rate specified in
the registered program for the apprentice's level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the applicable classification. If the
Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the event the Office
of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an apprenticeship program, the contractor will
no longer be permitted to utilize apprentices at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The ratio
of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not
less than the rate specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage determination unless the Administrator of the
Wage and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage determination for
the work actually performed. In addition, any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. In the event the Employment
and Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen
under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements
of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The contractor shall comply with the
requirements of 29 CFR Part 3 which are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses
contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or
its designee may by appropriate instructions require, and a copy of the applicable prevailing
wage decision, and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in this paragraph.
7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference in this contract
9. Disputes concerning labor standards. Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this contract.
Such disputes shall be resolved in accordance with the procedures of the Department of Labor
set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and HUD or its designee, the U.S.
Department of Labor, or the employees or their representatives.
10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that
neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a
person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the
Davis-Bacon Actor 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD
programs pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to
be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing
Administration transactions", provides in part: "Whoever, for the purpose of ...influencing in any
way the action of such Administration..... makes, utters or publishes any statement knowing the
same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years,
or both."
11. Complaints, Proceedings, or Testimony by Employees. No taborer or mechanic to whom
the wage, salary, or other labor standards provisions of this Contract are applicable shall be dis-
charged or in any other manner discriminated against by the Contractor or any subcontractor
because such employee has filed any complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any proceeding under or relating to the labor
standards applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are
applicable only where the amount of the prime contract exceeds $100,000. As used in this
paragraph, the terms "laborers" and "mechanics" include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of
the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in subparagraph (1)
of this paragraph, in the sum of $10 for each calendar day on which such individual was required
or permitted to work in excess of the standard workweek of 40 hours without payment of the
overtime wages required by the clause set forth in sub paragraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon
its own action or upon written request of an authorized representative of the Department of La-
borwithhold or cause to be withheld, from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or any other Federal contract with the
same prime contract, or any other Federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act which is held by the same prime contractor such sums as may
be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of
this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the sub-
contractors to include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set
forth in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety. The provisions of this paragraph C are applicable only where the amount
of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined
under construction safety and health standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to
Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the
Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq.
(3) The Contractor shall include the provisions of this paragraph in every subcontract so that
such provisions will be binding on each subcontractor. The Contractor shall take such action with
respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary
of Labor shall direct as a means of enforcing such provisions.
13) Civil Rights Provisions
As applicable, the Subcontractor agrees to comply with:
10
a. Title VI of the Civil Riqhts Act of 1964 as amended
Title VI, codified at 42 U.S.C. § 2000d, prohibits racial discrimination by recipients of
federal funds as follows: No person in the United States shall, on the ground of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving Federal financial
assistance.
b. Title VIII of the Civil Riqhts Act of 1968 as amended
Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Act of 1988,
which is codified at 42 U.S.C. § 3604, prohibits discriminating against persons in the sale
or rent or a dwelling based on disability. Discrimination includes a refusal to make
reasonable accommodations in rules and policies, when such accommodations may be
necessary to afford such person equal opportunity to use and enjoy a dwelling.
c. Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended
Section 109 is codified at 42 USC 5309 and provides that no person shall on the ground
of race, color, national origin, religion, or sex be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity funded in
whole or in part with CDBG funds.
d. Americans with Disabilities Act of 1990 as amended
The Americans with Disabilities Act of 1990, as amended, prohibits private employers, state
and local governments, employment agencies and labor unions from discriminating against
qualified individuals with disabilities in job application procedures, hiring, firing,
advancement, compensation, job training, and other terms, conditions, and privileges of
employment. The ADA covers employers with 15 or more employees, including state and
local governments.
e. Section 504 of the 1973 Rehabilitation Act
The Subcontractor agrees to comply with all Federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which
prohibits discrimination against the individuals with disabilities or handicaps in any Federally
assisted program. The Contractor shall provide the Subcontractor with any guidelines
necessary for compliance with that portion of the regulations in force during the term of this
Agreement.
f. Age Discrimination Act of 1975
This prohibits discrimination on the basis of age in programs or activities receiving Federal
financial assistance.
g. Executive Order 11063
This Executive Order signed by President Kennedy "prohibits discrimination in the sale,
leasing, rental, or other disposition of properties and facilities owned or operated by the
federal government or provided with federal funds."
EXHIBIT B
Consultant (referred to as "Provider" hereinafter) agrees to adhere to and follow all the
requirements set forth in 44 CFR 13.36(1) as follows:
(1) Administrative, contractual, or legal remedies in instances where Provider violates or
breaches contract terms is set forth in Paragraph 5 above.
(2) The Agreement may be terminated for cause and for convenience by either party as
provided in Paragraph 5 above. Should the City terminate this Agreement, Provider shall be paid
for all work and services performed up to the time of termination. Provider shall submit any claim
for payment within thirty (30) days of termination, and the City shall not be obligated to
reimburse Provider for any cost or expense for a claim submitted after thirty (30) days of
termination. Provider shall return all abstracts to the City within ten (10) days of termination.
(3) Provider shall comply with Executive Order 11246 of September 24, 1965, entitled 'Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction
contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees)
(4) Provider shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as
supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants
for construction or repair)
(5) Provider shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as
supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in
excess of $2000 awarded by grantees and subgrantees when required by Federal grant
program legislation)
(6) Provider shall comply with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29
CFR Part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2000,
and in excess of $2500 for other contracts which involve the employment of mechanics or
laborers)
(7) With respect to the City's requirements and regulations pertaining to reporting, Provider's
only "report" requirement is to continue the abstract and to submit claims for reimbursement in
the manner requested by the City.
(8) The City has no requirements and regulations pertaining to patent rights with respect to
any discovery or invention which arises or is developed in the course of or under such contract.
(9) The City has no regulation or requirement pertaining to copyrights and rights in data.
(10) Provider shall provide access to the City, FEMA, the Comptroller General of the United
States, or any of their duly authorized representatives to any books, documents, papers, and
records of the contractor which are direct-y pertinent to that specific contract for the purpose of
making audit, examination, excerpts, and transcriptions.
(11) Provider shall retain all required records for three years after the City makes final
payments and all other pending matters are closed.
(12) Provider shall comply with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40
CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000)
(13) Provider shall comply with the standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871)
(14) Upon signing this agreement, Provider acknowledged 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.
_!.. ~'n
Y 1` ~,'
CONSULTANT AGREEMENT
THIS AGREEM NT, made and entered into this day of , 2010,
by and between e City of Iowa City, a municipal corporation, hereinafter re erred to as the City
and Howard R. G een Company (HR Green}, of Cedar Rapids, Iowa, her Wafter referred to as
the Consultant.
WHEREAS, the City desires to implement flood mitigation improvem is at the Water Works
Prairie Park well fiel site for CW 1, CW 2, and SPPS, ail ac rding to the Preliminary
Engineering Report, Flo d Mitigation Study, Water Source Well Hous s dated August 25, 2009.
WHEREAS, the Consulta t shat[ perform design, bidding, and onstruction phase engineering
services for said project.
NOW THEREFORE, it is ag ed by and between the pa es hereto that the City does now
contract with the Consultant to ovide services as set forth erein.
I. SCOPE 01= SERVICES
Consultant agrees to perform the foil wing services for he City, and to do so in a time{y and
satisfactory manner. The Consultants all adhere to d follow all the requirements set forth in 44
CFR 13.36(i} as outlined in Exhibit A, nd Commu ity Development Block Grant Guidelines, as
outlined in Exhibit B, which are inoorpora d within.
Preliminary and General Work
1. Conduct a kickoff meeting with City t eview the project scope, schedule, and fee, and
to discuss key elements.
2. Conduct a kickoff meeting with H Gree project team to review the project scope,
schedule, fee, and key elements.
3. Collect maps, drawings, specif ations, repo s, and other pertinent information from
City.
4. Perform design survey and ase mapping se 'ces of the project areas, to include
topographic and utility loc ion surveying.
5. Provide project manage ent throughout the prof t.
Design Phase Services
1. Prepare construe ' n drawings, anticipated as 22 shee`~S to include the following:
1. Cover Sheet with Index, Vicinity Map, a~d Location Map
2 Symbology and Reference Data
CW 1 Site Demolition Plan & Details
4. CW 1 Building Demolition Plan & Details `
5. CW 2 Site Demolition Plan & Details
6. CW 2 Building Demolition Plan & Details
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7. SPPS Site Demolition Plan & Details
8. SPPS Building Demolition Pian & Details
9. GW 1 Civil Site Plan & Details
10. CW 2 Civil Site Plan & Details
11. SPPS Civil Site Plan & Details
12. Structural Plans, Sections & Details
13. Structural Details
14. CW 1 Electrical Site Plan & Details
5. CW 2 Electrical Site Plan & Details
1 .SPPS Electrical Site Pian & Details
17. CW 1 Electrical Building Plan & Details
18. W 1 Electrica! One-Line Diagram, Schg
19. C 2 Electrical Building Plan & Details/
20. C Electrical One-Line Diagram, S ~E
21. SPP Electrical Building Plan & Deus
ules & Details
ules & Details
22. SPPS lectrical One-Line Diagram, Schedules & Details
2. Prepare construction spe 'fications and contract ~ocuments.
3. Prepare an opinion of proba le cost for the pro ct at the 50% and 90% complete
milestones. Perform cost tre ing to identify ements of the current design that have
either increased or decreased e constructi and/or engineering cost or time.
4. Perform QA/QC review of drawin s, specifi ations, contract documents, and opinion of
probable cost at the 50% and 90% compl e milestones.
5. Submit 6 copies of the drawings, spe ifi ations, contract documents, and opinion of
probable cost at the 50% and 90% co lete milestones fa City staff for review. Submit
copies of review documents to City st one week prior to each project status meeting.
6. Conduct project status meetings wit City tall to review the 50% and 90% complete
documents, discuss content and sc eduie f remaining work, and receive comments
and approvals of these efforts. In orporate ity comments as agreed upon in the
project status meetings.
7. Prepare final drawings, specific tions, and cont ct documents incorporating comments
as agreed upon in the 90% co plete review me ing.
8. Provide a final opinion of pro able cost for the prof ct to file with the completed
documents.
9. Furnish 6 copies of the fin I drawings, specifications, ntract documents, and opinion
of probable cost to City.
10. Prepare and submit pe it applications necessary for app oval of construction of the
proposed improveme s. These include IDNR Water Supp Construction Permit;
IDNR/USACOE Joint ationwide Permit for Construction in loodplain; and City
Floodplain Develop ent Permit for Construction in Floodplain.
11. Develop a final pr ect schedule for advertisement, bidding, and onstruction
completion.
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Bidding Phase Services
2
3.
4.
5.
6.
7.
Print the required number of drawings, specifications, and co tract documents for
distribution to prospective bidders, suppliers, and plan too for the project. Anticipated
to be 40 sets of documents.
Advertise for bi s for the construction of the project by ailing an informal Notice of
Project to prospe tive bidders and suppliers. City sha publish the legal Notice of Public
Hearing and Notic to Bidders for the project in a loc newspaper.
Furnish copies of dr ings, specifications, and cone"tact documents to prospective
bidders, suppliers, pla rooms, and other interested parties.
Receive and process de osits for bidding documents and maintain a record of parties to
whom bidding documents ave been issued.
Correspond with prospective~idders, suppiiers{'and other interested parties with
questions and comments duri the bid period
Prepare and issue addenda as appropriate to~nterpret, clarify, or expand bidding
documents. \
Coordinate and conduct ogre-bid meting a/~d distribute minutes of the meeting to all
plan holders. \ /
8. Attend the bid opening and assist City vJ~t~(opening of bids.
9. Prepare bid tabulation sheets and distrib~t~ to City and ail plan holders.
10. Assist City in evaluating bids and awarding ~COnstruction contract. Issue a Notice of
Award to contractor. // \
11. Prepare construction contract docu nts ands bmit to contractor for completion.
12. Review and submit the executed c tract docum is to City for approval.
Construction Phase Services
1. Coordinate and conduct a pre onstruction conference 'th representatives of City,
contractor, subcontractors, e gineer, and other public an private utility companies, and
distribute minutes of the me ing to all attendees. Issue a otice to Proceed to
contractor.
2. Establish control points a benchmarks for the contractor's se in his detailed staking
of the project.
3. Review any necessary hop drawings, samples, and manufactu is data furnished by
contractor. The shop rowing reviews will be completed in accor once with the project
specifications.
4. Provide general corr spondence with City, contractor, subcontractor and suppliers
throughout the proj ct duration, estimated as 4-month construction d ration. Act as
City's representati e, consult with and advise City, issue instructions to\.contractor, and
have the authority to act on behalf of City. Interpret the intent of the drawings,
specifications, arrd contract documents to protect City against defects and deficiencies
in construction on the part of contractor, however, the Engineer cannot guarantee the
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performance of any contractor. Three hours per week for the estimated construction
duration of 4 months, or 17 weeks, is planned. A total of 52 hours is budgeted.
5. Provide intermittent engineering review of the work of the c tractor as construction
progresse to ascertain that the contractor is conforming to e design concept. lwo
site visits p month by the project engineer are proposed d ring the 4-month
construction uration. A total of 64 hours and 8 trips are b dgeted.
6. HR Green will t provide routine resident project represe tative construction
observation of th work of the contractor to assure prope verification of methods and
materials used - 'ty staff will provide these services.
7. Attend regularly sch uled jobsite construction progre meetings conducted by the
contractor, estimated t a frequency of once per mon for the 4-month construction
duration included in the intermittent engineering revi
8. Review contractor's appli tions for monthly progre s payments and final payment, and
when approved submit to C~ y for payment. Estim ted at a frequency of once per month
for the 4-month construction uration. A total of hours is budgeted.
9. Review contractor's requests f change orders, advise City of the merit and
reasonableness of requests, an when finalize submit to City for approval Estimated
at a frequency of once per month or the 4-mo th construction duration. A total of 8
hours is budgeted.
10. HR Green will not attend monthly Cit Coun it meetings for this project. City staff shall
report on the progress of the project a pr sent contractor's applications for payments
and change orders for approval,
11. Submit to City a statement of substantial c mpletion for the project.
12. Conduct one pre-final inspection and d veto a punchlist of items remaining to be
completed by contractor. Estimated a one t ' by project engineer. A total of 12 hours
and one trip are budgeted.
13. Conduct one final inspection to verif completion f punchlist items by contractor. A
total of 8 hours and one trip are bu geted.
14. Submit to City a statement of fin comp-etion forth project, and obtain from City
written final acceptance of the c mpleted project.
15. Prepare record drawings base on construction record provided by contractor and
reviewed by resident project r presentative construction bserver. Provide to Gity both
reproducible hard copy draw gs and electronic AutoCAD files on CD.
II. 71ME OF GOMPLETION
The Consultant shall complet~ the following phases of the Projecl~ in accordance with the
schedule shown. \
A. Notice to pros ed by: ecember 8, 2010
B. Preliminary ork and information collection by: ecember 17, 2010
C. 50% comp) to review meeting by: J uary 21, 2011
D. 90% com ete review meeting by: February 25, 2011
E. Submit final documents to City and permit agencies by: March 4, 2011
F. Advertise for Bids by: March 4, 2011
G. Hearing and letting, bid opening, award contract by: April 15, 2011
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H. Pr -construction conference, notice to proceed by: May 6, 2011
I. Pr~ject completion by: 1 September 7, 2019
1(I. GENERAL BERMS
A. The C sultant shall not commit any of the f (lowing empleyment practices and
agrees t prohibit the following practices in an subcontracts.
1. To ischarge or refuse to hire any i dividual because of their race, color,
religi ,sex, national origin, disabil' y, age, marital status, gender identity,
or sex I orientation.
2. To discri inate against any indi idual in terms, conditions, or privileges of
employme because of their ace, color, religion, sex, national origin,
disability, ag marital status, g nder identity, or sexual orientation.
B. Should the City terrain e this Agree ent, the Consultant shall be paid for all work
and services performed p to the t' e of termination. However, such sums sha11
not be greater than the " t to ex ed" amount listed in Section lV. The City may
terminate this Agreement upon even (7) calendar days' written notice to the
Consultant.
C. This Agreement shall be bindi upon the successors and assigns of the parties
hereto, provided that no as g ent shall be without the written consent of all
Parties to said Agreement.
p. It is understood and agree that th retention of the Consultant by the City for the
purpose of the Project hall be a an independent contractor and shalt be
exclusive, but the Cons font shall h ve the right to employ such assistance as
may be required far the erformance of he Project.
E. It is agreed by the City hat al! records an files pertaining to information needed by
the Consultant fort project shall be a ailabie by said City upon reasonable
request by the Cons Itant. The City agrees to furnish all reasonable assistance in
the use of these rec rds and files.
F. It is further agree that no Party to this Agree ent shall perform contrary to any
state, federaE, or I cal law or any of the ordinanc of the City of Iowa City, Iowa.
G. At the request o the City, the Consultant shall att d meetings of the City Council
relative to the ork set forth in this Agreement- A y requests made by the City
shall be given ith reasonable notice to the Consults t to assure attendance.
H, The Consult nt agrees to furnish, upon termination o this Agreement and upon
demand by e City, copies of all basic notes and sketc es, charts, computa#ions,
and any o er data prepared or obtained by the Co sultant pursuant to this
Agreemen without cost, and without restrictions or limitati n as to the use relative
to specifi projects covered under this Agreement. In suc event, the Consultant
shall not e liable for the City's use of such documents on oth r projects.
I. The C nsultant agrees to furnish all reports, specifications, anc~drawings, with the
seal a professional engineer affixed thereto or such seal as required by Iowa
law.
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J. The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance with
this Agreement shall constitute grounds for the City to withhold payment of the
amount Sufficient to properly complete the Project in accordance with this
Agreement.
K. Shoul any section of this Agreement be
remaini portion shall be deemed severable
in full for and effect.
L. Original con act drawings shall become the
shalt be allo d to keep mylar reproducible
use. /
M. Fees paid for sec ring approval of aukho
will be paid by the y.
1V
I invalid, it is agreed that the
the invalid portion and continue
erty of the City. The Consultant
>,s far the Consultant's own filing
having jurisdiction over the Project
N. Upon signing this agr ment, Consult t acknowledged that Section 362.5 of the
Iowa Code prohibits a C officer ore ployee from having an interest in a contract
with the City, and certifie that no e ployee or officer of the City, which includes
members of the City Cou it and C' y boards and commissions, has an interest,
either direct or indirect, in thi agree ent, that does not fall within the exceptions to
said statutory provision enum ate in Section 362.5.
O. The Consultant agrees at all tim material to this Agreement to have and maintain
professional liability insurance covering the Consultant's liability for the
Consultant's negligent acts, er o and omissions to the City in the sum of
$1,000,000.
COMPENSATION FOR SERVICES
City shall pay Consultant a fee not to exceed 160,576.00, based on hourly rates plus
reimbursable expenses according t the attache Billing Rate Schedule, generally broken
down as follows in each phase oft e project:
v Design Phase, including reliminary and Ge ral Work (D) $94,226.00
o Bidding Phase (B) $18,767.00
o Construction Phase (C ) $47,583.00
o Resident Project Re r sentative Construction 0 nervation CO 0.00
o TOTAL Fee (D + g + CA) $'160,576.00
These #ees are further bro en down by facility (CW 1, CW SPPS) by the percentage of
each facility's opinion of probable construction cost tot total opinion of probable
construction cost of all fa ilities. This breakdown is as follows:
CW 1 CW 2 SPPS TOTAL
49.32% 25.62% 25.06% 100.00%
p 46,472.00 24,141.00 23,613.00 4,226.00
g 9,256.00 4,808.00 4,703.00 ,767.00
CA 23,468.00 12,191.00 11,924.00 4 583.60
TOTAL 79,196.00 41,140.00 40,240.00 160, 76.00
V. MISCELLAN
- / -
A. Al! provisions of the Agreement shall be reconciled in accordance with the
generally accepted standards of the Engineering i'r fession.
B. It is further agreed that there are no other con derations or monies contingent
upon or resulting from the execution of this greement, that it is the entire
Ac}{eement, and that no other monies or conside ations have been solicited.
FOR THE CITY
By:
Ti#le:
Date:
ATTEST:
OR THE CONSULTANT
7 ~ v°' p
By' s ,'
Title: '~ ~ ~ ,;~~'"~, ~~
Appr ved ay:
~ City Attorney's Offiics ~ ~ /~ d/~ ~
pw\f o rms\co nsa g mt. [rm
O:~PROJ\529190P04WOMIN~ag1-t 111 t C-Iowa_City-Pfan;_Si?e_Floud_MA~gaiio^ dir.
EXHIBIT A
The City is referred to as "contractor and recipient" below and Cons Rant as "subcontractor and
subrecipient." City and Consultant agree to abide by the following rovisions, as applicable:
1) Clean Air Act (42 U.S, .7401 et seq.} and the Federal Wa er Pollution Control Act (33 ,
U.S.C. 1251 et seq.}, as mended.
Contracts and subgrants o amounts in excess of $100,00 shall comply with all applicable
standards, orders or regulat ns issued pursuant to the Ci an Air Act (42 U.S.C. 7401 et seq.}
and the Federal Water Polluti Control Act as amended (33 U.S.C. 1251 et seq.). Violations
shall be reported to HUD and t Regional Office of the nvironmental Protection Agency (EPA).
Contractors and subcontractors ag ee:
a. That any facility to be used in the erformance of e contract or subcontract or to benefit
from the contract is not listed on the vironmental rotection Agency (EPA) List of Violating
Facilities;
b. To comply with aU the requirements o ec
U.S.C. 1857 et seq. and Section 308 of the
U.S.C. 1251 et seq. relating to inspection, m
all other requirements specified in Section 11
other regulations and guidelines issued there
c. That, as a condition for the award of this c
the awarding official of the receipt of any con
be used for the performance of or benefit fro
the EPA List of Violating Facilities;
d. To include or cause to be included in an
$100,000 the aforementioned criteria and ec
on 14 of the Clean Air Act, as amended, 42
to I Water Pollution Control Act, as amended, 33
It ring, entry, reports, and information, as well as
nd Section 308 of the Acts, respectively, and all
er;
qtr ct, the contractor or subcontractor will notify
iunc ation from the EPA indicating that a facility to
the c ntract is under consideration to be listed on
contract or subcontract which exceeds
rements.
2) Contract Work Hours and Safety Sta ards Act (40 U. C. 327 through 333}
Where applicable: all contracts awarde by recipients in exc ss of $2,000 for construction
contracts and in excess of $2,500 for her contracts that inv ve the employment of mechanics
or laborers shall include a provision f r compliance with Sectio s 102 and 107 of the Contract
Work Hours and Safety Standards A t (40 U.S.C. 327-333), as upplemented by Department of
Labor regulations (29 CFR part 5). nder Section 102 of the Act, ach contractor shall be
required to compute the wages of very mechanic and laborer on e basis of a standard
workweek of 40 hours. Work in a ess of the standard workweek is ermissible provided that the
worker is compensated at a rate f not less than 1 1!2 times the bast rate of pay for all hours
worked in excess of 40 hours in he workweek. Section 107 of the Act s applicable to
construction work and provide that no laborer or mechanic shall be re wired to work in
surroundings or under workin conditions which are unsanitary, hazardo s or dangerous. These
requirements do not apply to e purchases of supplies or materials or a les ordinarily
available on the open marke , or contracts for transportation or transmissio of intelligence.
3) Copeland "Anti-Kickbac 'Act (18 U.S.C. 874 and 40 U.S.C. 276c)
All contracts and subgrant in excess of $2,000 for construction or repair away ed by recipients
and subrecipients shall c mply with the Copeland 'Anti-Kickback" Act (18 U.S. .874), as
supplemented by Depa ent of Labor regulations (29 CFR part 3, "Contractors nd
Subcontractors on Publ' Building or Public Work Financed in Whole or in Part by oans or
Grants from the United States"). The Act provides that each contractor or subreeipi t shall be
prohibited from induct g, by any means, any person employed in the construction, co pletion, or
repair of public work, o give up any part of the compensation to which he is otherwise ntitled.
The recipient shall r port all suspected or reported violations to HUD.
4) Davis-Bacon Act, as amended (40 U.S.C. 276a to 276a-5)
When required by Federal program legislation, all construe#ion contracts awarded by the
recipients and subrecipients of more than $2,000 shall in Jude a provision for comp{iance tivith
the Davis- Bacon`~,ct {40 U.S.C. 276a to 276a-5) and as upplemented by Department of Labor
regulations (29 CF part 5, "Labor Standards Provision Applicable to Contracts Governing
Federally Financed nd Assisted Construction"). Under his Act, contractors shall be required to
pay wages to laborer and mechanics at a rate not les than the minimum wages specified in a
.wage determination m e by the Secretary of Labor. ! addition, contractors shall be required to
pay wages not less than nee a week. The recipients all place a copy of the current prevailing
wage determination issue by the Department of Lab r in each solicitation and the award of a
contract shall be conditione upon the acceptance o the wage determination. The recipient shall
report all suspected or repo d violations to HUD.
5) Debarment and Suspension ( .O.s 12549 and 689)
No contract shall be made to pa s listed on the eneral Services Administration's List of
Parties Excluded from Federal Pro urement or onprocurement Programs in accordance with
E.O.s 12549 and 12689, "Debarme t and Sus ension," as set forth at 24 CFR part 24. This list
contains the names of parties debarr , suspe ded, or otherwise excluded by agencies, and
contractors declared ineligible under st tutory r regulatory authority other than E.O. 12549.
Contractors with awards that exceed the m I purchase threshold shall provide the required
certification regarding its exclusion status that of its principal employees.
6) Drug-Free Workplace Requirements
The Drug-Free Workplace Act of 1988 (4 U. C. 701) requires grantees (including individuals)
of federal agencies, as a prior condition f bein awarded a grant, to certify that they will provide
drug-free workplaces. Each potential re ipient m st certify that it will comply with drug-free
workplace requirements in accordance ith the A and with HUD's rules at 24 CFR part 24,
subpart F.
7) Equal Employment Opportunity
Contractor shall comply with E.O. 1 246, "Equal Empl yment Opportunity," as amended by
E.Q. 11375, ~~Amending Executive Order 11246 Relatin to Equal Employment Opportunity,"
and as supplemented by regulatio sat 41 CFR part 60, ' ffice of Federal Contract Compliance
Programs, Equal Employment 0 portunity, Department of abor."
During the performance of the c nkract, the Contractor agrees s follows:
(a) The Contractor will not discr' inafe against any employee o applicant for employment
because of race, color, religio sex or national origin. The Cont ctor will take affirmative action to
insure that applicants are em Dyed and that employees are treat during employment, without
regard to their race, color, rel' ion, sex or national origin. Such acts n shall include, but not be
limited to the following: emp yment, upgrading, demotion, or trans r; recruitment or recruitment
advertising; layoff or termin ion rates of pay or other forms of compe sation; and selection for
training, including apprenti ship. The Contractor agrees to post in co spicuous places, available
to employees and applica s for employment, notices to be provided by he municipality setting
forth the provisions of the on-discrimination clause.
(b) The Contractor will, in all solicitations or advertisements for employee placed by or on behalf
of the Contractor, state t at all qualified applicants will receive consideratio for employment
without regard to race, lor, religion, sex or national origin.
(c} The Contractor will end to each labor union or representative of workers ith which he has a
collective bargaining reement or other contractor understanding, a notice, be provided by the
property Owner, advi ing the labor union of workers' representative of the Con actor's
commitments under his section and shall post copies of the notice in conspicu s places available
to employees and pplicants for employment.
(d) The Contract will comply with all provisions of Executive Order 11246 of Se tember 24, 1965,
and of the rules; regulations and relevant orders of the Secretary of Labor.
(e) The C ntractor wil! furnish all information and reports requir d by Executive Order 11246
amended a of September 24, 1965, and by the rules, regula ons and orders of the Secretary of
Labor, or the ecretary of Housing and Urban bevefopmen ,pursuant thereto, and will permit
access to his oks, records, and accounts by the grope owner, the City, the Secretary of
Housing and Ur an Development and the Secretary of bor for purposes of investigation to
ascertain compli ce with such rules, regulations and ders.
(f) In the event oft e Contractor's non.compliance wi fhe non-discrimination clauses of this
contract or with any f such rules, regulations or ord rs, this contract may be cancelled, terminated
or suspended in whol or in part and the Contracto may be dec}ared ineligible for further
Government contracts r Federally funded constr cted contracts in accordance with procedures
authorized in Executive rder 11246 of Septem er 24,.1965, and such other sanctions may be
imposed and remedies in Ived as provided in xecutive Order 11246 of September 24, 1965, or
by rule, regulations or orde of the Secretary o Labor, or as otherwise provided by law.
(g} The Contractor will inclu the provisions f paragraphs (a} through (g) in every subcontractor
purchase order unless exemp d by rules, r gulations ar orders of the Secretary of Labor issued
pursuant to Section 204 of Exe tive Orde 11246 of September 24, 1965, so that such provisions
will be binding upon each subcon ractor vendor. The Contractor will take such action with
respect to any subcontract or purc ase rder as the property owner may direct as a means of
enforcing such provisions, including a ctions for non-compliance; provided, however, that, in the
event the Contractor becomes involy in, or is threatened with litigation with a subcontractor or
vendor as a result of such direction, Contractor may request the United States to enter into
such litigation to protect the interes oft United States.
In addition to the federal EEO re uirement above, Contractor agrees that its employees and
agents shall not discriminate a inst any pe on in employment or public accommodation because
of race, religion, color, creed, ender identity, ex, national origin, sexual orientation, mental or
physical disability, marital sta s, or age. "Emp oyment" shall include but not be limited to hiring,
accepting, registering, class' ing, promoting, or eferring to employment. "Public accommodation"
shal{ include but not be lim~ ed to providing goods, services, facilities, privileges and advantages to
the public.
8) Lobbying and Inffuen ing Federal Employees
(1) No Federal aggro fated funds shall be paid, by o on behalf of the contractor, to any person
for influencing or atte pting to influence an officer ore ployee of any agency, a Member of
Congress, an officer r employee of Congress, or an e loyee of a Member of Congress in
connection with the aking of any Federal grant and the mendment or modification of any
Federal grant.
(2) If any funds o er than Federal appropriated funds have een paid or will be paid to any
person for influe ing or attempting to influence an officer or mployee of any agency, a Member
of Congress, an fficer or employee of Congress, or an emplo ee of a Member of Congress in
connection with ny Federal grant, the contractor shall complet and submit Standard Form-LLL,
"Disclosure of obby Activities," in accordance with its instruction .
9) Nonsegrega d Facilities
The federally assisted construction contractor certifies that she or h does not maintain or
provide, for is employees, any segregated facilities at any of his est lishments and that she or
he does no permit his employees to perform their services at any coca 'on, under his control,
where seg egated facilities are maintained. The federally-assisted cons ction contractor
certifies t at she or he will not maintain or provide, for his employees, se egated facilities at any
of his es blishments and that she or he will not permit his employees top rform their services at
any loc ion under his control where segregated facilities are maintained. e federally assisted
constr tion contractor agrees That a breach of this certification is a violation f the Equal
Oppo unity Clause in this contract.
As sed in this certification, the term "segregated facilities" means any waiting rooms, work
a as, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms
and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation, and housing facilities provided for employees which are segregated by
explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin
because of habit, local custom, or any other reason- The federally-assisted construction
contractor agrees that (except where she or he has obtained identic I certifications from
proposed subcontractors for specific time periods) she or he will obt in identical certifications
from proposed subcontractors prior to the award of subcontracts e eeding $10,000 which are
not exempt fr the provisions of the Equal Opportunity Clause a that she or he will retain
such certificatio sin his files.
10) Section 3 of the using and Urban Development Act of 19 8
Contractor agrees to omply with Section 3 requirements, the r ,gulations set forth in 24 CFR 135,
and to include the folio ing language in all subcontracts execu d under this Agreement:
A. The work to be perfor ed under this contract is subject o the requirements of Section 3 of the
Housing and Urban De lopment Act of 1968, as ame ded, 12 U.S.C. 1701 u (Section 3). The
purpose of Section 3 i to ensure that employ nt and other economic opportunities
generated by NUD assista ce or HUD-assisted pr tects covered by Section 3 shall, to the
greatest extent feasible, be ected to low- and ver low-income persons, particularly persons
who are recipients of HUD asst tance for housing.
B. The parties to this contract afire to comply with UD's regulations in 24 CFR part 135, which
implement Section 3. As eviden d by their e ecutian of this contract, the parties to this
contract certify that they are under n contractu I or other impediment that would prevent them
from complying with the part 135 regu tians.
C. The contractor agrees to send to sac labo organization or representative of workers with
which the contractor has a collective ba ai ing agreement ar other understanding, if any, a
notice advising the labor organization r workers' representative of the contractor's
commitments under this Section 3 clause nd witl post copies of the notice in conspicuous
-.places at the work. site where both emp ye sand applicants for trainin~c__and employment __
__
positions can see the notice. The notice all d cribs the Section 3 preference, shall set forth
minimum number and job titles subje t to hir availability of apprenticeship and training
positions, the qualifications for each; and the n me and location of the person(s) taking
applications for each of the positions; nd the anticip ted date the work shall begin.
D. The contractor agrees to include is Section 3 use in every subcontract subject to
compliance with regulations in 24 FR part 135, and grees to take appropriate action, as
provided in an applicable provisi of the subcontract r in this Section 3 clause, upon a
finding that the subcontractor is in violation of the reg ations in 24 CFR part 135. The
contractor will not subcontract ith any subcontractor wh re the contractor has notice or
knowledge that the subcontract r has been found in violation f the regulations in 24 CFR part
135.
E. The contractor will certify th any vacant employment posi6on~, including training positions,
that are filled (1) after the c ntractor is selected but before the c ntract is executed, and (2)
with persons other than tho e to whom the regulations of 24 CFR p 135 require employment
opportunities to be directs ,were not filled to circumvent the contrac is obligations under 24
CFR part 135.
F. Noncompliance with HU 's regulations in 24 CFR part 135 may result in auctions, termination
of this contract for defa t, and debarment or suspension from future HUD ssisted contracts.
G. With respect to wo performed in connection with Section 3 cover d Indian housing
assistance, section 7(b} of the Indian Sel#-Determination and Education A sistance Act (25
U.S.C. 450e} also pplies to the work to be performed under this contra t. Section 7(b)
requires that to th greatest extent feasible (i) preference and opportunities fir training and
employment shal be given to Indians, and (ii) preference in the award of contracts and
subcontracts sh I be given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this c ntract that are subject to the provisions of Section 3 and section 7(b) agree to
comply with S ction 3 to the maximum extent feasible, but not in derogation of compliance with
section 7(b).
11 }Women and Minority Owned Business Enterprises
Contractor shall use its best efforts to afford minority and women- Wed business enterprises {at
least fifty-one (51) percent owned and controlled by minority gr up members or women) the
maximum practicable opportunity to participate in the performance f this Agreement.
12) Federal L or Provisions
Applicability
The Project or Pr tarn to which the construction work cov red by this contract pertains is being
assisted by the-l~n+ d States of-Ar~e~ica ~-~.d to-=, .o-~f^It ~ -F~erat-Labor-Standards-Provisions
are included in this C tract pursuant to the provisions ap licable to such Federal assistance.
A. 1. (i) Minimum Wag .All laborers and mechanics mployed or working upon the site of the
work will be paid uncondi Wally and not less often t n once a week, and without subsequent
deduction or rebate on a account (except suc payroll deductions as are permitted by
regulations issued by the Se etary of Labor under the Copeland Act (29 CFR Part 3), the full
amount of wages and bona fi fringe benefits r cash equivalents thereof) due at time of
payment computed at rates not ess than thos contained in the wage determination of the
Secretary of Labor which is atta hed hereto and made a part hereof, regardless of any
contractual relationship which may b alleged t exist between the contractor and such laborers
and mechanics. Contributions made o costs r asonably anticipated for bona fide fringe benefits
under Section I(b)(2) of the Davis-Baco Act n behalf of laborers or mechanics are considered
wages paid to such Eaborers or mechan s subject to the provisions of 29 GFR 5.5(a)(1)(iv);
also, regular contributions made or costs r curred for more than a weekly period (but not less
often than quarterly) under pions, funds, ograms, which cover the particular weekly period,
are deemed to be constructively made or ncur d during such weekly period.
Such laborers and mechanics shall be aid the a propriate wage rate and fringe benefits on the
wage determination for the classific ion of wor actually performed, without regard to skill,
except as provided in 29 CFR 5.5(a) 4). Laborers mechanics performing work in more than
one classification may be compens ed at the rates ecified for each classification for the time
actually worked therein: Provided, hat the employer' payroll records accurately set forth the
time spent in each classification i which work is perfar ed. The wage determination (including
any additional classification and ge rates conformed un r 29 CFR 5.5(a)(1){ii) and the Davis-
Bacon poster (WH-1321) shall b posted at all times by the contractor and its subcontractors at
the site of the work in a promi ent and accessible, place ere it can be easily seen by the
workers.
(ii} {a) Any class of laborers r mechanics which is not listed in th wage determination and
which is to be employed un er the contract shall be classified in co formance with the wage
determination. HUD shall pprove an additional classification and w ge rate and fringe benefits
therefore only when the f lowing criteria have been met: \~
(1) The work to be pert med by the classification requested is not perfaktned by a classification
in the wage determina on; and ~
(2) The classificatio is utilized in the area by the construction industry; and~~,
~.
(3) The proposed age rate, including any bona fide fringe benefits, bears a rd@sonable
relationship to th wage rates contained in the wage determination.
(b} If the contr for and the laborers and mechanics to be employed in the ciassifi ation (if
known), or their representatives, and HUD or its designee agree on the classificatio and wage
rate {including the amount designated for fringe benefits where appropriate), a report f the
action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Depart ent of Labor, Washington, D.C.
20210. The Administrator, or an authorized representative, ill approve, modify, or disapprove
every additional classification action within 30 days of recei t and so advise HUD or its designee
or will not HUD or its designee within the 30-day period at additional time is necessary.
(Approved the Office of Management and Budget and r OMB control number 12150140.)
(c} In the even the contractor, the laborers or mechani s to be employed in the classification or
their represents ' es, and HUD or its designee do not gree on the proposed classification and
wage rate (includi the amount designated for fring benefits, where appropriate}, HUD or its
designee shall refer he questions, including the vie s of ail interested parties and the
recommendation of H D or its designee, to the Ad inistrator for determination. The
Administrator, or an au orized representative, wit issue a determination within 30 days of
receipt and sa advise H or its designee or will otify HUD or its designee within the 30-day
period that additional time i necessary. (Appro d by the Office of Management and Budget
under OMB Control Number 2150140.)
(d}The wage rate (including fri e benefits w ere appropriate} determined pursuant to
subparagraphs (1)(ii)(b) or (c) of is paragr h, shall be paid to all workers performing work in
the classification under this contra from th first day on which work is performed in the
classification.
(iii) Whenever the minimum wage ra e prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit whi is not expressed as an hourly rate, the contractor shall
either pay the benefit as stated in the a e determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent th reo .
(iv) If the contractor does not make aymen to a trustee or other third person, the contractor
may consider as part of the wage of any la orer or mechanic the amount of any costs rea-
sonably anticipated in providing b na fide frin benefits under a plan or program, Provided,
That the Secretary of Labor has found, upon t e written request of the contractor, that the
applicable standards of the Davis acon Act have en met. The Secretary of Labor may require
the contractor to set aside in a parate account as is for the meeting of obligations under the
plan or program. (Approved the Office of Mana ement and Budget under OMB Control
Number 1215••0140.)
2. Withholding. HUD or its esignee shall upon its ow action or upon written request of an
authorized representative of the Department of Labor with old or cause to be withheld from the
contractor under this contr et or any other Federal contrac with the same prime contractor, or
any other Federally-assi ed con#ract subject to Davis-Ba n prevailing wage requirements,
which is held by the sa prime contractor so much of the a creed payments or advances as
may be considered nec ssary to pay laborers and mechanics, including apprentices, trainees
and helpers, employed y the contractor or any subcontractor th full amount of wages required
by the contract. In the event of failure to pay any taborer or mech ic, including any apprentice,
trainee or helper, em toyed or working on the site of the work, all part of the wages required
by the contract, H or its designee may, after written notice t the contractor, sponsor,
applicant, or owner take such action as may be necessary to cau the suspension of any
further payment, a ance, or guarantee of funds until such violations h ve ceased. HUD or its
designee may, aft r written notice to the contractor, disburse such amo is withheld for and on
account of the co tractor or subcontractor to the respective employees t whom they are due.
The Comptroller eneral shall make such disbursements in the case of di ct Davis-Bacon Act
contracts.
3. (i} Payroll and basic records. Payrolls and basic records relating hereto shall be
maintained by the contractor during the course of the work preserved for a peri of three years
thereafter for all laborers and mechanics working at the site of the work. Suc records sha(I
contain the ame, address, and social security number of each such worker, his r her correct
classificatio ,hourly rates of wages paid (including rates of contributions or costs an cipated for
bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B)
of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual
wage paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the
wages of any laborer or mechanic include the amount of any osts reasonably anticipated in
providin benefits under a plan or program described in Secti n I(b)(2)(B) of the Davis-Bacon
Act, the ontractor shall maintain records which show that e commitment to provide such
benefits is nforceable, that the plan or program is financial{ responsible, and that the plan or
program ha been communicated in writing to the laborers r mechanics affected, and records
which show e costs anticipated or the actual cost i curred in providing such benefits.
Contractors em toying apprentices or trainees under app ved programs shall maintain written
evidence of the r istration of apprenticeship programs a d certification of trainee programs, the
registration of the prentices and trainees, and the r tins and wage rates prescribed in the
applicable programs. Approved by the Office of Man Bement and Budget under OMB Control
Numbers 1215-0140 a 1215-0017.)
(ii) (a) The contractor sha submit weekly for each ek in which any contract work is performed
a copy of all payrolls to HU or its designee if the a ency is a party to the contracf, but if the
agency is not such a party, th contractor will sub it the payrolls to the applicant sponsor, or
owner, as the case may be, fo ransmission to H D or its designee. The payrolls submitted shall
set aut accurately and complete all of the infor ation required to be maintained under 29 CFR
5.5(a)(3)(i). This information may submitted i any form desired. Optiona{ Form WH-347 is
available for this purpose and may purchas d from the Superintendent of Documents
(Federal Stock Number 029-005-000 -1 ), U. .Government Printing Office, Washington, DC
20402. The prime contractor is respon ' le f r the submission of copies of payrolls by all
subcontractors. (Approved by the Office f anagement and Budget under OMB Control
Number 1215-0149.)
(b} Each payroll submitted shall be acco pa 'ed by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her gent ho pays or supervises the payment of the per-
sons employed under the contract and haft ce the following:
(1) That the payroll for the payroll per' d contains t e information required to be maintained
under 29 CFR 5.5 (a)(3)(i) and that ch information 's correct and complete;
(2) That each laborer or mechanic ncluding each help r, apprentice, and trainee) employed on
the contract during the payroll per' d has been paid the ll weekly wages earned, without re-
bate, either directly or indirectly, nd that no deductions h ve been made either directly or
indirectly from the full wages ea ed, other than permissibl deductions as set forth in 29 CFR
Part 3;
(3) That each laborer or mec anic has been paid not less than e applicable wage rates and
fringe benefits or cash equi tents for the classification of work rformed, as specified in the
applicable wage determina ion incorporated into the contract.
(c) The weekly submissi of a proper{y executed certification set fo h on the reverse side of
Optional Form WH-347 hall satisfy the requirement for submission o the "Statement of Compli-
ance" required by sub ragraph A.3.(ii)(b).
(d}The falsification any of the above certifications may subject the con actor or subcontractor
to civil or criminal p secution under Section 1001 of Title 18 and Section 1 of Title 31 of the
United States Cod
(iii) The contra or or subcontractor shall make the records required under s paragraph A.3.(i)
available for i spection, copying, or transcription by authorized representativ of HUD or its
designee or the Department of Labor, and shall permit such representativ to interview
employee uring working hours on the job. 1f the contractor or subcontractor fails o submit the
required records or to make them available, HUD or its designee may, after written r otice to the
contractor, sponsor, applicant or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guava tee of funds. Furthermore, failure to
submit the required records upon request or to make suc records available may be grounds for
debarment actin pursuant to 29 CFR 5.12.
4. Apprentices~nd Trainees.
(i} Apprentices. A rentices will be permitted to wor at less than the predetermined rate for the
work they performe when they are employed puts ant to and individually registered in a bona
fide apprenticeship p gram registered with the S. Department of Labor, Employment and
Training Administration, ffice of Apprenticeship T aining, Employer and Labor Services, or with
a State Apprenticeship A ency recognized by the Office, or if a person is employed in his or her
first 90 days of probationa employment as an apprentice in such an apprenticeship program,
who is not individually regi eyed in the progr ,but who has been certified by the OfFrce of
Apprenticeship Training, Emp yet and Labor ervicss or a State Apprenticeship Agency (where
appropriate) to be eligible for p bationary e loyrnent as an apprentice. The allowable ratio of
apprentices to journeymen on th job site in ny craft classification shall not be greater than the
ratio permitted to the contractor a to the e fire work force under the registered program. Any
worker fisted on a payroll at an prenf e wage rate, who is not registered or otherwise
employed as stated above, shall be aid of less than the applicable wage rate on the wage
determination for the classification o w rk actually performed. In addition, any apprentice
performing work on the job site in exc s of the ratio permitted under the registered program
shall be paid nat less than the applic wage rate on the wage determination for the work
actually performed. Where a contracto is rforming construction on a project in a locality other
than that in which its program is regis red, e ratios and wage rates (expressed in percentages
of the journeyman's hourly rate) ecified ~ the contractor's or subcontractor's registered
program shall be observed. Every pprentice ust be paid at not less than the rate specified in
the registered program for the ap entice's leve of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicab wage determination. Apprentices shall be
paid fringe benefits in accorda ce with the prove ions of the apprenticeship program. !f the
apprenticeship program does of specify fringe b nefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determin tion for the applicable classification. If the
Administrator determines th t a different practice revails far the applicable apprentice
classification, fringes shall b paid in accordance with th t determination. In the event the Office
of Apprenticeship Training. Employer and Labor Servic s, or a State Apprenticeship Agency
recognized by the Office, ithdraws approval of an appre ticeship program, the contractor will
no longer be permitted to tilize apprentices at less than t applicable predetermined rate for
the work performed until acceptable program is approved.
(ii} Trainees. Except a provided in 29 CFR 5.16, trainees wil not be permitted to work at less
than the predetermine rate for the work performed unless the are employed pursuant to and
individually registered in a program which has received prior proval, evidenced by formal
certification by the U. , bepartment of Labor, Employment and Tra ing Administration. The ratio
of trainees to journ ymen on the job site shall not be greater th permitted under the plan
approved by the E ployment and Training Administration. Every t inee must be paid at not
less than the rat specified in the approved program for the tra ee's level of progress.
expressed as a ercentage of the journeyman hourly rate specified in the applicable wage
determination. T ainees shall be paid fringe benefits in accordance wi the provisions of the
trainee progra if the trainee program does not mention fringe benefits, rainees shall be paid
the full amount of fringe benefits listed on the wage determination unless th Administrator of the
Wage and Ho r Division determines that there is an apprenticeship program ssociated with the
correspondin journeyman wage rate on the wage determination which provid s for less than full
fringe bene s for apprentices. Any employee listed on the payroll at a trame~ rate who is nat
registered nd participating in a training plan approved by the Employment and Training
Administr ion shall be paid not less than the applicable wage rate on the wage determination for
the work ctually performed. In addition, any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. In the event the Employment
and Training dministration withdraws approval of a traini program, the contractor will no
longer be per fitted to utilize trainees at less than the applica le predetermined rate for the work
performed until an acceptable program is approved.
(iii) Equal empl yment opportunity. The utilization of prentices, trainees and journeymen
under 29 CFR Pa 5 shall be in conformity with the equa employment opportunity requirements
of Executive Order 1246, as amended, and 29 CFR Pa 30.
5. Compliance with opeland Act requirements. Th contractor shall comply with the
requirements of 29 CF art 3 which are incorporate by reference in this contract
6. Subcontracts. The co ractor or subcontractor w I insert in any subcontracts the clauses
contained in subparagraphs through 11 of this par graph A and such other clauses as HUD or
its designee may by appropria instructions requir , and a copy of the appAcable prevailing
wage decision, and also a clau requiring the su contractors to include these clauses In any
lower tier subcontracts, The prim contractor sh be responsible for the compliance by any
subcontractor or lower tier subcont ctor with al the contract clauses in this paragraph.
7. Contract termination; debarmen A bre h of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract d fo debarment as a contractor and a subcontrac#or as
provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and ated Act Requirements. All rulings and
interpretations of the Davis-Sacon and R at d Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference in this ontra t
9. Disputes concerning labor stand rds, Disp tes arising out of the labor standards
provisions of this contract shall not be ubject tot general disputes clause of this contract-
Such disputes shall be resolved in a ordance with he procedures of the Department of Labor
set forth in 29 CFR Parts 5, 6, and 7 Disputes within he meaning of this clause include disputes
between the contractor (or any of it subcontractors) a d HUD or its designee, the U.S.
Department of Labor, or the empl ees or their repress tatives.
10. (i) Certification of Etigibili . By entering into this c ntract the contractor certifies that
neither if (nor he or she) nor any person or firm who has an ~nterest in the contractor's firm is a
person or firm ineligible to be a arded Government contract by virtue of Section 3(a) of the
Davis-Bacon Act or 29 CFR 5. 2{a}(1 } or to be awarded HUD ontracts or participate in HUD
programs pursuant to 24 CF Part 24.
(ii) No part of this contract half be subcontracted to any person or firm ineligible for award of a
Government contract by vi e of Section 3(a) of the Davis-Bacon ct or 29 CFR 5.12(a)(1) or to
be awarded FiUD contract or participate in HUD programs pursuan to 24 CFR Part 24.
(iii) The penalty for maki g false statements is prescribed in the U.S. Criminal Code, 18 U.S.G.
1001. Additionally, U. .Criminal Code, Section 1 01 0, Title 18, S.C., "Federal Housing
Administration transacti ns", provides in part: "Whoever, for the purpose f ...influencing in any
way the action of such Administration..... makes, utters or publishes any tatement knowing the
same to be false..... s all be fined not more than $5,000 or imprisoned nat ore than two years,
or both."
11. Complaints, P ceedings, or Testimony by Employees. No laborer or echanic to whom
the wage, salary, o other labor standards provisions of this Contract are applic le shall be dis-
charged or in any other manner discriminated against by the Contractor or an subcontractor
because such e ployee has filed any complaint or instituted or caused to be ' stituted any
proceeding or h s testified or is about to testify in any proceeding under or relatin to the labor
standards appli able under this Contract to his employer.
B. Contract ork Hours and Safety Standards Act. The provisions of this paragraph B are
applicable onl where the amount of the prime contract exceeds $100,000. As used in this
paragraph, the rms "laborers" and "mechanics" include w tchrnen and guards.
(1) Overtime req 'rements. No contractor or subcontrac r contracting for any part of the
contract work which ay require or involve the employm nt of laborers or mechanics shall
require or permit any uch laborer ar mechanic in any w rkweek in which he or she is employed
on such work to work i excess of 40 hours in such wor eek unless such laborer or mechanic
receives compensation a rate not less than one and ne-half times the basic rate of pay for all
hours worked in excess o 0 hours in such workweek
(2) Viokation; liability for u aid wages; liquidate damages. In the event of any violation of
the clause set forth in subpara raph (1} of this para raph, the contractor and any subcontractor
responsible therefore shall be li ble for the unpaid ages. In addition, such contractor and
subcontractor shall be liable to th United States (i the case of work done under contract for the
District of Columbia or a territory, t such District r to such territory}, for liquidated damages.
Such liquidated damages shall be c mputed wit respect to each individual laborer or mechanic,
including watchmen and guards, em yed in vi lotion of the clause set forth in subparagraph (1)
of this paragraph, in the sum of $10 fo each ca endar day on which such individual was required
or permitted to work in excess of the sta dard orkweek of 40 hours without payment of the
overtime wages required by the clauses fo in sub paragraph (1) of this paragraph.
(3) Withholding for unpaid wages and li idated damages. HUD or its designee shall upon
its own action or upon written request of a uthorized representative of the Department of La-
bor withhold or cause to be withheld, from n moneys payable on account of work performed by
the contractor or subcontractor under any suc contract or any other Federal contract with the
same prime contract, or any other Fed rally- listed contract subject to the Contract Work
Hours and Safety Standards Act which i held by the same prime contractor such sums as may
be determined to be necessary to sati any liab' hies of such contractor or subcontractor for
unpaid wages and liquidated damages as provided i the clause set forth in subparagraph (2) of
this paragraph.
(4) Subcontracts. The contractor or ubcontractor shat insert in any subcontracts the clauses
set forth in subparagraph (1) throng (4) of this paragrap and also a clause requiring the sub-
contractors to include these clause in any lower tier subc ntracts. The prime contractor shall be
responsible for compliance by any ubcontractor or lower ti r subcontractor with the clauses set
forth in subparagraphs (1}throng (4) of this paragraph.
C. health and Safety. The prov lions of this paragraph C are pplicable only where the amount
of the prime contract exceeds $ 00,000.
(1) No laborer or mechanic sh 11 be required to work in surroundil~gs or under working
conditions which are unsanita ,hazardous, or dangerous to his h lth and safety as determined
under construction safety and ealth standards promulgated by the ecretary of Labor by
regulation.
(2) The Contractor shall co ply with all regulations issued by the Secr tary of Labor pursuant to
Title 29 Part 1926 and failu to comply may result in imposition of sanc 'ons pursuant to the
Contract Work Hours and afety Standards Act, 40 USC 3701 et sea.
(3) The Contractor shall i lude the provisions of this paragraph in every s bcontract so that
such provisions will be bi ding on each subcontractor. The Contractor shall ake such action with
respect to any subcontr t as the Secretary of Housing and Urban Develop nt or the Secretary
of Labor shall direct as means of enforcing such provisions.
13) Civil Rights Prov
As applicable, the Subcontractor agrees to comply with
10
a. Title VI of the Civil Rights Act of 1964 as amended
Title VI, codified at 42 U.S.C. § 2000d, prohibits ra ia1 discrimination by recipients of
federal funds as follows: No person In the United St tes shall, on the ground of race,
color, ar national origin, be excluded from participa on in, be denied the benefits of, or
be subje ted to discrimination under any program r activity receiving Federal financial
assistant .
b. Title VIII of th Civil Ri hts Act ofi 1968 as amende
Title Vlli of the ivil Rights Act of 196$, as ar
which is codified 42 U.S.C. § 3604, prohibits
or rent or a dwells g based on disability. D
reasonable accomm dations in rules and pofi
necessary to afford su h person equal opport
Section 109 of Title I f the Housin and C
amended
~ded by the Fair Housing Act of 1988,
criminating against persons in the sale
imina#ion includes a refusal to make
when such accommodations may be
to use and enjoy a dwelling.
~munity Development Act of 1974 as
Section 109 is codified at 42 SC 5309 a provides that no person shall on the ground
of race, color, na#ional origin, r ligion, or ex be excluded from participation in, be denied
the benefits of, or be subjected discri inafion under any program or activity funded in
whole or in part with CDBG fund
d. Americans with Disabilities Act of 1 9 as amended
The Americans with Disabilities Act of 1 0, as amended, prohibits private employers, state
and local governments, employment a en -es and labor unions from discriminating against
qualified individuals with disabiliti s in job application procedures, hiring, firing,
advancement, compensation, job tr fining, a d other terms, conditions, and privileges of
employment. The ADA covers emp yens with 15 or more employees, including state and
local governments.
e. Section 504 of the 1973 Rehabplita#ion Act
The Subcontractor agrees to comp ly with all dE
compliance with Section 504 ofi the Rehabilitation P
prohibits discrimination against tie individuals with dis
assisted program. The Contractor shall provide the
necessary for compliance with that portion of the regul
Agreement.
f. Aae Discrimination Act of 1975
ral regulations issued pursuant to
ct of 1973 (29 U.S.C. 794), which
bilities or handicaps in any Federally
\Subcontractor with any guidelines
~t ns in force during the term of this
This prohibits discrimination on the basis of age in programs o activities receiving Federal
financial assistance.
g. Executive Order 11063
This Executive Order signed by President Kennedy "prohibits disc ' ination in the sale,
leasing, rental, or other disposition of properties and facilities owne or operated by the
federal government or provided with federal funds."
EXHIBIT B
Consultant (referred to as "Provider" hereinafter) agrees to adhere to and follow all the
requirements set forth in 44 CFR 13.36(1) as follows:
(1) Administrative, contractual, or legal remedies in instances?Nhere Provider violates or
breaches contract terms is set forth in Paragraph 5 above.
(2} The A reement may be terminated for cause and for con enience by either party as
provided in P agraph 5 above. Should the City terminate this Agreement, Provider shall be paid
for all work and ervices performed up to the time of terminati n. Provider shall submit any claim
for payment withi thirty (30} days of termination, and the C y shall not be obligated to
reimburse Provider or any cost or expense for a claim sub fitted after thirty (30) days of
termination. Provide hall return all abstracts to the City ithin ten (10) days of termination.
(3) Provider shall co ly with Executive Order 11246 f September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Or er 11375 of October 13, 1967, and as
supplemented in Departure t of Labor regulations (41 FR chapter 60). (All construction
contracts awarded in excess f $10,000 by grantees a d their contractors or subgrantees}
(4) Provider shall comply wi the Copeland "Anti- ickback" Act (18 U.S.C. 874) as
supplemented in Department of bor regulations (2 CFR Part 3). (All contracts and subgrants
for construction or repair)
(5} Provider shall comply with the Avis-Bacon ct (40 U.S.C. 276a to 276a-7} as
supplemented by Department of Labo regulations (29 CFR part 5). (Construction contracts in
excess of $2000 awarded by grantees d subgr ntees when required by Federal grant
program legislation)
(6) Provider shall comply with Sections 3 a d 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-330} as supp m nted by Department of Labor regulations (29
CFR Part 5}. (Construction contracts awarde y grantees and subgrantees in excess of $2000,
and in excess of $2500 for other contracts whi involve the employment of mechanics or
laborers}
(7) With respect to the City's requirements and guiations pertaining to reporting, Provider's
only "report" requirement is to continue the stract nd to submit claims for reimbursement in
the manner requested by the City.
(8) The City has no requirements and re ulations pe aining to patent rights with respect to
any discovery or invention which arises or ~s developed the course of or under such contract.
- (9) The City has no regulation or requir ment pertainin to copyrights and rights in data.
(10) Provider shall provide access tot City, FEMA, th Comptroller General of the United
States, or any of their duly authorized re resentatives to an books, documents, papers, and
records of the contractor which are dire ly pertinent to that s cific contract for the purpose of
making audit, examination, excerpts, a transcriptions.
(11) Provider shall retain all required records for three years a er the City makes final
payments and all other pending matter are closed.
(12) Provider shall comply with all plicable standards, orders, r requirements issued under
section 306 of the Clean Air Act (42 .S.C. 1857(h}), section 508 of e Clean Water Act (33
U.S.C. 1368), Executive Order 1173 ,and Environmental Protection gency regulations (40
CFR part 15). (Contracts, subcontr ts, and subgrants of amounts in e cess of $100,000)
(13) Provider shall comply with t e standards and policies relating to nergy efficiency
which are contained in the state ergy conservation plan issued in com liance with the Energy
Policy and Conservation Act (Pu . L. 94-163, 89 Stat. 871)
(14) Upon signing this agree ent, Provider acknowledged that Section 3 2.5 of the Iowa Code
prohibits a City officer or emplo ee from having an interest in a contract with e City, and certifies
that no employee or officer of t e City, which includes members of the City Co ~ ncil and City
boards and commissions, has an interest, either direct or indirect, in this agreement, that does not
fall within the exceptions to s id statutory provision enumerated in Section 382.5.
~~8
17
Prepared by: Wendy Ford, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA
52240 (319) 356-356-5248
RESOLUTION NO. 10-51
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND MAX-CAST, INC. FOR THE FABRICATION AND INSTALLATION OF ART
WORK FOR THE NORTHSIDE LITERARY WALK EXTENSION AND AUTHORIZING
THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME.
WHEREAS, the City Council of Iowa City approved a capital improvements project for
the Northside Marketplace streetscape; and
WHEREAS, the City of Iowa City has been designated a Great Place by the Iowa
Department of Cultural Affairs; and
WHEREAS, grant funding for infrastructure and public art was made available for the
extension of the Literary Walk to the Northside Marketplace because of the Great Place
designation, and
WHEREAS, this Agreement contemplates that Max-Cast will fabricate and install various
literary-themed pieces of art to be installed within the Northside Marketplace
streetscape; and
WHEREAS, a subcommittee of the Iowa City Public Art Advisory Committee has
selected literary passages to be incorporated into the extended literary walk elements;
and
WHEREAS, Staff recommends approval of this Agreement.
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 Max-Cast, Inc. for the fabrication
and installation of the Northside Literary Walk Extension, 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 7th day of December , 2010.
!~~
Mayor ~/
Approved by: ~ ~~~~-
City Attorne s Office ~ 2 ~ ~ D
Attest: ~~/~~~~ ~S ~~~
City Clerk
Resolution No. 10-517
Page 2
It was moved by Ra; i P~ and seconded by n; enG the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ~ ABSENT:
~_ Bailey
x. Champion
x Dickens
x~: Hayek
x Mims
~_ Wilburn
x Wright
wpdata/glossary/resolution-ic.doc
~/ ~
CITY OF IOWA CITY
NORTHSIDE MARKETPLACE LITERARY WALK STREETSCAPE
AGREEMENT BY AND BETWEEN OWNER AND ARTIST
THIS AGREEMENT is made on ~Gc, ~, d o l i~ between the City of Iowa City,
hereinafter referred to as the OWNER, and Max-Cast, Inc., Kalona, Iowa 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
comprised of designated City of Iowa City Planning and Community Development staff
members and representatives from Confluence, Inc., Iowa City, Iowa.
WHEREAS, the OWNER, on the recommendation of the COMMITTEE, desires to
contract with ARTIST for production of the Literary Elements, Northside Marketplace Literary
Walk, including under Alternates, two (2) tree' grate castings three (3) bronze spectacles for
book stack, four (4) bronze writing instruments for book stack, and two (2) long bronze ribbons,
two (2) short bronze ribbons, and two (2) open book patterns, hereinafter referred to as ART
WORK, as detailed in Exhibits A and B, attached hereto and incorporated herein.
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 installation of
the ART WORK at the site, as referenced on Exhibit C.
b. The ARTIST shall, at all stages of execution, fabrication and installation, coordinate
the work with the OWNER'S REPRESENTATIVE.
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. Such schedule shall generally follow the tentative
schedule outlined in the Bid Proposal. The schedule must be approved in writing by OWNER'S
REPRESENTATIVE. The ARTIST shall fabricate, transport and consult with the OWNER'S
REPRESENTATIVE on the installation of 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'S REPRESENTATIVE
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 Exhibits A and B.
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 ART
WORK not permitted by or not in substantial conformity with Exhibits A and B. A significant
change is any change in the scope, design, color, size, material, texture or location of the ART
WORK, any change which affects installation, scheduling, site preparation or maintenance for
the ART WORK or any change to the concept of the ART WORK as represented in Exhibits A
and B.
1.3 Delivery and Installation
a. The ARTIST shall notify the OWNER'S REPRESENTATIVE in writing when the
fabrication of the ART WORK is complete 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 (14)
fourteen days prior to the ARTIST'S intended time of delivery to determine the particulars of
delivery time, location and agent designated by the OWNER'S REPRESENTATIVE.
c. The ARTIST shall deliver and consult with the OWNER'S REPRESENTATIVE on the
installation of the completed ART WORK at the site in compliance with the schedule approved
pursuant to Section 1.2 (a).
d. The ARTIST shall work with the OWNER'S REPRESENTATIVE, locating and
installing the elements according to the Northside Marketplace Literary Walk Streetscape plan.
The ARTIST shall coordinate with John Coyne regarding design of the lectern and
pedestal plaques and receiving the plaques for use in the fabrication of the pieces.
e. Installation of the completed ART WORK shall occur no later than June 14, 2010.
1.4 Post Installation
a. 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 give notice, in writing, the OWNER'S REPRESENTATIVE when all
services in Sections 1.1 through 1.4 have been completed in substantial conformity with
Exhibits A and B. This notice shall be given no later than 7 months after the date of the first
installment payment is made to the ARTIST as detailed in Section 2.1.
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 the date of the OWNER'S
REPRESENTATIVE'S written notification to ARTIST of final acceptance.
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
3
protect the ART WORK from loss or damage until final acceptance. The ARTIST shall not be
responsible for loss or damage due to vandalism, theft, accidents, or acts of God once
installation of the ART WORK is accepted.
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 the 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 the ARTIST'S employees or of any person other than the ARTIST'S 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 the ARTIST'S 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 fixed fee according to Exhibit A, which shall constitute full
compensation for all fees, services, expenses, and materials to be performed and furnished by
the ARTIST under this agreement. The OWNER, at its discretion, may request ARTIST
fabricate additional art pieces listed under Alternates by providing reasonable notice to ARTIST.
Compensation for any additional pieces requested according to this paragraph shall be at the
rate listed in Exhibit A. he fee shall be paid in the following installments, expressed as
percentages of such fixed fee, each installment to represent full and final payment for all fees,
services, expenses and materials provided prior to the due date thereof:
a. 33.3% within thirty (30) days after execution of this agreement.
b. 33.3% within thirty (30) days of the determination of OWNER'S REPRESENTATIVE
4
that the artwork has been properly fabricated by the OWNER'S
REPRESENTATIVE.
c. 33.3% within thirty (30) days of installation and final acceptance.
2.2 ARTIST'S Expenses
The ARTIST shall be responsible for the payment of all expenses necessary for the proper
performance of the services required under this agreement, including but not limited to mailing
or shipping charges on submissions to the OWNER'S REPRESENTATIVE, the cost of any and
all engineering evaluations as required by the OWNER, transporting the ART WORK to the site
and the costs of all travel and lodging by the ARTIST and the ARTIST'S agents and employees
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 Construction 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 because OWNER has not prepared the site for installation as specified in Section
1.3(d) hereof, as a result of the improvements not being completed on the site 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. In addition, the OWNER shall
reimburse the ARTIST for any additional travel costs or for unnecessary time spent on the site
due to delays caused by the OWNER. Such reimbursements shall be expenses in adddition to
the Fixed Fee enumerated in Section 2.1.
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 unforeseeably 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 unforeseeably burdensome. Failure to
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 in a manner that 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 aroyalty-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 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 (a).
6.2 Alteration of the Work or of the Site
a. Except as provided under subsection 6.2(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.
6.3 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 written 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 11. General Terms
8
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
of 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 as deemed necessary by OWNER. Any
requests made by the OWNER shall be given with reasonable notice to ARTIST to
assure attendance and shall coincide with trips to Iowa City already planned by the
ARTIST pursuant to Sections 1.2 and 1.3.
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 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
By: S eve Maxon, Owner
OWNER
/~~-
Matthew J. a ,Mayor
ATTEST
Marian K. Karr
City Clerk
Approved By
~~
City Attorney's ®ffice ~ a/a.~,o
EXHIBITA
Extended
Item Description Unit Unit Qt Price Amount
Lectern Pedestal
1 without la ue fabrication Ea 2 $5,671.00 $11,342.00
Low Pedestal
2 without la ue fabrication Ea 3 $3,061.00 $9,183.00
Bronze light pole mounted ribbon with
3 text Ea 8 $5,125.00 $41,000.00
4 Skid Steer Rental $200.00
SUB-TOTAL
~f~= ;,.,; .,., ,;;. EXTENDED $61,725.00
,,
Alternates
1 Tree Grate`Castin ` Ea 2 $5,200.00 $10,400.00
2 Bronzes ectacles for book stack Ea 3 $150.00 $450.00
3. Bronze writin instrument for book stack Ea 4 $75.00 $300.00
4. 0 en book pattern Ea 2 $200.00 $400.00
5. Lon bronze ribbon Ea 2 $500.00 $1,000.00
6. Short bronze ribbon Ea 2 $200.00 $400.00
SUB-TOTAL
ALTERNATES
$12,950.00
GRAND
TOTAL $74,675.00
Procedure:
Artist shall work with Lanscape Architect and City to refine the design of each piece using the
general concept as illustrated in the sketches attached (Exhibit B).
Tentative Schedule:
Element Refinement October -November 26, 2010
Mock-up and final design November 26 -December 31, 2010
Fabrication January 1 -May 27, 2011
Installation May 30 -June 14, 2011
Artwork Descriptions:
1. Lectern Pedestal without plaque fabrication; each.
The unit price for this item includes all costs associated with the fabrication 33" high cast
stone pedestal with an attached bronze plaque (fabricated by another artist), as well as
a stack of six bronze books with literary titles and text integrated into the castings. This
stack of books shall be secred on the top of the lectern. The artists shall collaborate with
the artist/fabricator of the plaque to install the placque on the stone lectern pedestal and
securely install the pedestal on site on a concrete pad. Site preparation and pad
installation is not included and will be prepared by other. If alternates for life sized
spectacles or writing instruments are selected, they shall be tack welded in place on the
book stack.
2. Low Pedestal without plaque fabrication; each.
The unit price for this item includes all costs associated with the fabrication 22" high cast
stone pedestal with an attached bronze plaque (fabricated by another artist), as well as
a stack of six bronze books with literary titles and text integrated into the castings. This
stack of books shall be secred on the top of the lectern. The artists shall collaborate with
the artist/fabricator of the plaque to install the placque on the stone lectern pedestal and
securely install the pedestal on site on a concrete pad. Site preparation and pad
installation is not included and will be prepared by other. If alternates for life sized
spectacles or writing instruments are selected, they shall be tack welded in place on the
book stack.
3. Bronze light pole mounted ribbon with text; each.
The unit price for this item includes all costs associated with providing bronze ribbon
with literary quote wrapped around the light pole, This ribbon shall be approximately 4"
wide and 10' in length. Each tibbon shall contain a unique quote. Artist shall collaborate
with Landscape Architect on the design and the light pole manufacturer to ensure a safe
and secure installation. Artist shall install ribbon on site.
4. Tree Grate Casting; each.
The unit price for this item includes all costs associated with designing and fabricating
an approximately 3' x 4' ductile iron tree grate casting to replace on piece of a standard
4' x 12' tree grate. Each casting shall include a unique literary quote as selected by
committee. Artist shall provide input on quote tenth, size and design of the casting and
work the the Landscape Architect and City on the final design. The Artist shall install
tree grate casting on site. The grate must fit the fram provided and coordinate with the
proposed tree grate design.
8r~nze rilibnn and: text m~unteci an Ifgt~t pofe~
Exhibit B
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D ~R'~ F T
CITY OF IOWA CITY
NORTHSIDE MARKETPLACE LITERARY WALK STREETSCAPE
AGREEMENT BY AND BETWEEN OWNER AND ARTIST
THIS AGREEMENT is made on between the City of Iowa City,
hereinafter referred to as the OWNER, and Max-Cast, Inc., Kalona, Iowa 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. he COMMITTEE shall be
comprised of designated pity of Iowa City Planning and Comm nity Development staff
members and representati es from Confluence, Inc., Iowa Cit ,Iowa.
WHEREAS, the OW ER, on the recommendati
contract with ARTIST for prod ction of the Literary Elem
Walk, including two (2) tree gra castings under Altern~
book stack, four (4) bronze writing ~ struments for book
two (2) short bronze ribbons, and tw (2) open book pat r
referred to as ART WORK, as detail in Exhibits A a d
herein.
NOW, THEREFORE, in conside tion of
contained herein, the parties agree as follow ~
Article 1. Scope of Services
1.1 General
)y{ of the COMMITTEE, desires to
nts, Northside Marketplace Literary
tes, three (3) bronze spectacles for
Eck, and two (2) long bronze ribbons,
~s, also under Alternates, hereinafter
B, attached hereto and incorporated
mutual promises and undertakings
a. The ARTIST shall perform all ervices and furnish all supplies, materials and
equipment as necessary for the design, ex ution, fab 'cation, transportation and installation of
the ART WORK at the site, as referenced n Exhibit C.
b. The ARTIST shall, at all sta s of execution, fa rication and installation, coordinate
the work with the OWNER'S REPRES TATIVE.
1.2 Execution of the Work
a. The ARTIST shall
for completion of fabrication
submission of progress re
schedule outlined in the Bid
REPRESENTATIVE. The ~
REPRESENTATIVE on the
Such schedule may be
REPRESENTATIVE and th~E
furn~ h the OWNER'S REPRESENTATIVE a tentative schedule
and installation of the ART WORK, ik~cluding a schedule for the
~rt if any. Such schedule shall gen~rally follow the tentative
'r posal. The schedule must be approved in writing by OWNER'S
IST shall fabricate, transport and consult with the OWNER'S
stallation of the ART WORK in accordance with such schedule.
amended by written agreement between the OWNER'S
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'S REPRESENTATIVE
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 Exhibits A and B.
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 ART
WORK not permitted by or not in substantial conformity with Exhibits A and B. A significant
change is any change in the scope, design, color, size, material, texture or location of the ART
WORK, any change which affects installation, scheduling, site preparation or maintenance for
the ART WORK or any change to the concept of the ART WORK as represented in Exhibits A
and B.
1.3 Delivery and Installation
a. e ARTIST shall notify the OWNER'S EPRESENTATIVE in writing when the
fabrication o the ART WORK is complete and e ARTIST is ready for its delivery and
installation at t e site.
b. The A TIST agrees to notify the OW R'S REPRESENTATIVE, no fewer than (14)
fourteen days prio to the ARTIST'S intended time of delivery to determine the particulars of
delivery time, locatio and agent designated b the OWNER'S REPRESENTATIVE.
c. The ARTIST all deliver and co suit with the OWNER'S REPRESENTATIVE on the
installation of the comple d ART WORK t the site in compliance with the schedule approved
pursuant to Section 1.2 (a).
d. The ARTIST shall w k with a OWNER'S REPRESENTATIVE, locating and
installing the elements accordin tot Northside Marketplace Literary Walk Streetscape plan.
The ARTIST shall coordin e ith John Coyne regarding design of the lectern and
pedestal plaques and receiving the Jaques for use in the fabrication of the pieces.
e. Installation of the comq~eted~RT WORK shall occur no later than June 14, 2010.
1.4 Post Installation
a. Upon installation f the ART WO K, the ARTIST shall provide to the OWNER'S
REPRESENTATIVE writte instructions fora ropriate maintenance and preservation of the
ART WORK.
1.5 Final Acceptance
a. The ARTI shall give notice, in writing, the WNER'S REPRESENTATIVE when all
services in Sectio 1.1 through 1.4 have been co leted in substantial conformity with
Exhibits A and B. This notice shall be given no later tha 7 months after the date of the first
installment paym nt is made to the ARTIST as detailed in S tion 2.1.
b. The NER'S REPRESENTATIVE shall notify th ARTIST in writing of OWNER'S
final acceptanc of the ART WORK. ~,
c. Fi al acceptance shall be effective on the ~ date of the OWNER'S
REPRESEN ATIVE'S written notification to ARTIST of final acceptance.
1.6 Risk of koss
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. The ARTIST shall not be
responsible for loss or damage due to vandalism, theft, accidents, or acts of God once
installation of the ART WORK is accepted.
1.7 Liability, Indemnification and Insurance
a. The ARTIST agrees to indemnify, defend and old OWNER and its officers,
employees, and agents harmless from any and all loss, cos ,damage and expense (including
reasonable attor ey's fees and court costs) resulting from, rising out of, or incurred by reason
of any claims, ac ~ons or suits based upon or alleging bo ~ y injury, including death, or property
damage arising o t of or resulting from ARTIST'S oper tions, duties or responsibilities under
this agreement, wh ther such be by ARTIST himself or by any subcontractor or by anyone
directly or indirectly e ployed by the ARTIST.
b. Upon final acc tance of the ART WOR ,the OWNER shall, to the extent permitted
by law, and without waivin any immunities avail le thereunder, indemnify and hold harmless
the ARTIST against any an all claims or liabiliti s thereafter made in connection with the ART
WORK, the site, the project r this agreeme t, except claims by the OWNER against the
ARTIST and claims which ma occur as a r sult of the ARTIST'S breach of the warranties
provided in Article 4.
c. The ARTIST and all em I
insurance to protect the ARTIST fro
damages because of bodily injury inclu
of the ARTIST'S employees or of an
claims for damages because of injury
use resulting therefrom; and from
professional services caused by err r
legally liable.
1.8 Title
oye of the ARTIST shall each effect and maintain
aims under workers compensation acts; claims for
d g personal injury, sickness or disease, or death of any
y son other than the ARTIST'S employees; and from
too destruction of tangible property; including loss of
claims arising out of the ARTIST'S performance of
s, omiss~ ns, or negligent acts for which the ARTIST is
Title of the ART WORK shall ass to the OWNER
completed ART WORK
Article 2. Compensation ang~ Payment Schedule
2.1 Fixed Fee
OWNER'S final acceptance of the
The OWNER shall pay e ARTIST a fixed fee according to Exhi it A, which shall constitute full
compensation for all f s, services, expenses, and materials to b performed and furnished by
the ARTIST under t is agreement. The OWNER, at its discre 'on, may request ARTIST
fabricate additional a pieces listed under Alternates by providing re onable notice to ARTIST.
Compensation for y additional pieces requested according to this aragraph shall be at the
rate listed in Exh' it A. he fee shall be paid in the following inst Invents, expressed as
percentages of s h fixed fee, each installment to represent full and find payment for all fees,
services, expens sand materials provided prior to the due date thereof:
a. 33.~% within thirty (30) days after execution of this agreement.
4
b. 33.3% within thirty (30) days of the determination of OWNER'S REPRESENTATIVE
that the artwork has been properly fabricated by the OWNER'S
REPRESENTATIVE.
c. 33.3% within thirty (30) days of installation and final acceptance.
2.2 ARTIST'S Expenses
The ARTIST shall be r sponsible for the payment of all exp nses necessary for the proper
performance of the set ices required under this agreement, i luding but not limited to mailing
or shipping charges on ubmissions to the OWNER'S REPR SENTATIVE, the cost of any and
all engineering evaluatio s as required by the OWNER, tran porting the ART WORK to the site
and the costs of all travel nd lodging by the ARTIST and t e ARTIST'S agents and employees
Article 3. Time of Performs
3.1 Duration
The services to be required of he ARTIST as s t forth in Article 1 shall be completed in
accordance with the schedule for ompletion of t e ART WORK as proposed by the ARTIST
and approved by the OWNER'S PRESENT IVE pursuant to Section 1.2, provided that
such time limits may be extended otherwis modified by written agreement between the
ARTIST and the OWNER'S REPRES TATIV .
3.2 Construction Delays
If, when the ARTIST completes fabricati r procurement of the ART WORK in accordance
with the approved schedule and notifi s th OWNER that the ART WORK is ready for
installation, the ARTIST is delayed fro install g the ART WORK within the time specified in
the schedule because OWNER has n t prepare the site for installation as specified in Section
1.3(d) hereof, as a result of the i provements of being completed on the site to permit
installation of the ART WORK, the WNER shall p vide storage, or reimburse the ARTIST for
reasonable transportation and sto ge costs incurre for the period between the time provided
in the schedule for commencem t of installation and a date upon which the site is sufficiently
complete to reasonably permit ' stallation of the ART ORK. In addition, the OWNER shall
reimburse the ARTIST for any dditional travel costs or r unnecessary time spent on the site
due to delays caused by the WNER. Such reimbursem nts shall be expenses in adddition to
the Fixed Fee enumerated i Section 2.1.
3.3 Early Completion of AIjYTIST Services
The ARTIST shall bear ny transportation and storage costs r suiting from the completion of
the ARTIST'S services riot to the time provided in the schedule r installation.
3.4 Time Extensions
The OWNER'S RE RESENTATIVE shall grant a reasonable exten 'on of time to the ARTIST
in the event that t ere is a delay on the part of the ARTIST in perfor ing its obligations under
this Agreement e to conditions beyond the ARTIST'S control or A is of God which render
timely perform ce of the ARTIST'S services impossible or unforeseeably burdensome.
Likewise the TIST 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
5
Agreement due to conditions beyond the OWNER'S control or Acts of God which render timely
performance of the OWNER'S services impossible or unforeseeably burdensome. Failure to
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. Warra~ities
4.1 Warranties of ~{itle
The ARTIST represe is and warrants that: (a) the ART ORK is solely the result of the artistic
effort of the ARTIS (b) except as otherwise di closed in writing to the OWNER'S
REPRESENTATIVE, t ART WORK is unique and riginal and does not infringe upon any
copyright; (c) that the T WORK, or a duplicate hereof, has not been accepted for sale
elsewhere; and (d) the AR WORK is free and clear f any liens from any source whatever.
4.2 Warranties of Quality anc~Condition
The ARTIST represents and w rai
will be performed in a workmanli e
be free of defects in material an
qualities which cause or accelera
recommendations submitted by the
followed, will achieve their intended
its that: (a) t e execution and fabrication of the ART WORK
manner; (b) the ART WORK, as fabricated and installed, will
workman ip, including any defects consisting of inherent
deteri ation of the ART WORK; and (c) maintenance
~TIST to the OWNER'S REPRESENTATIVE hereunder, if
The warranties described in this /Secti 4.2 shall survive for a period of five years after the
final acceptance of the ART WORK. OWNER shall give notice to the ARTIST of any
observed breach with reasonable romp ess. The ARTIST shall, at the request of the
OWNER, and at no cost to the OW ER, cu reasonably and promptly the breach of any such
warranty in a manner that is consi ent with p ofessional conservation standards (including, for
example, cure by means of repair r refabricati of the ART WORK).
Article 5. Reproduction Rights
5.1 General
To the extent not limited b this Section 5.1, the ARTI T retains all rights under the Copyright
Act of 1976, 17 U.S.C., 01 et. seq., and all other ri hts in and to the ART WORK except
ownership and possessi In view of the intention that a ART WORK in its final dimension
shall be unique, the A IST shall not make any additions duplicate reproductions of the final
ART WORK, nor shall he ARTIST grant permission to oth s to do so except with the written
permission of the O ER. The ARTIST grants to the OW Rand its assigns aroyalty-free,
irrevocable license make two or three dimensional repro ctions of the ART WORK for
educational and/or on-commercial purposes, including but not ited to reproductions used in
advertising, Galen ars, posters, brochures, media, publicity, cats gues, museum, educational
and developmen projects, or other similar publications, provided th t these rights are exercised
in a profession manner.
5.2 Notice
All reproductions by the OWNER shall contain a credit to the ARTIST and a copyright notice
6
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 readi g substantially, "an original art work
owned and commimissioned by the City of Iowa City, to a" in any public showing under the
ARTIST'S contrtpl or reproductions of the ART WORK.
5.4 Registration
The ARTIST ma c se to be re istered, with the nited States Register of Copyrights, a
Y g
copyright of the ART RK in the ARTIST'S name.
Article 6. ARTIST'S Rig
6.1 Maintenance
The OWNER recognizes that mai tenance of he ART WORK on a regular basis is essential to
the integrity of the ART WORK. e OW R shall take reasonable steps to assure that the
ART WORK is properly maintained nd p otected, taking into account the instructions of the
ARTIST provided in accordance with S ct~ n 1.4 (a).
6.2 Alteration of the Work or of the Site
a. Except as provided under s bsecti 6.2(b), below, the OWNER agrees that it will not
intentionally damage, alter, modify change t e ART WORK without the prior written approval
of the ARTIST.
b. The OWNER reserves the right to alter t e location of the ART WORK; relocate the
ART WORK to another site; a remove the ART ORK from public display. The following
provisions shall apply to reloca 'on or removal:
(i) While the NER shall attempt to re ve ART WORK in such a way as to
not affect the ART WORK, it is the parties' understandi that such removal may result in
damage, alteration, modif tion, destruction, distortion or they change of the ART WORK.
The ARTIST acknowledge that this provision shall qualify un er 17 U.S. C. Section 113 (d) so
as to waive rights under 1 U.S.C. Section 106A.
(ii) If, at the time of removal, it is determined t t the ART WORK may be
removed without dam ge, alteration, modification, destruction, istortion or other change,
OWNER shall give no ce as required by 17 U.S.C. Section 113 (d) )and (3). On completion
of the ART WORK, e ARTIST agrees to file the records, includi ARTIST'S identity and
address, with the R ister of Copyrights as provided under 17 U.S.C. ection 113 (d) (3). The
ARTIST further agr es to update information with the Register of Cop rights so as to permit
notification of inte to remove the ART WORK.
6.3 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 sh I not be supervised by any
employee or official of the OWNER, nor shall the ARTIST e rcise supervision over any
employee or official of the OWNER.
Article 8. Assignrr~nts, Transfer, Subcontracting
8.1 Neither this A r ement nor an interest herein shall b transferred by the ARTIST. Any
g Y
such transfer shall be ull and void and shall be cause to a nul this Agreement.
8.2 Subcontracting by ARTIST
The ARTIST may subcont ct portions of the se ices to be provided hereunder at the
ARTIST'S expense provided at said subcontrac ' g shall not negatively affect the design,
appearance, or visual quality f the Proposal a d shall be carried out under the personal
supervision of the ARTIST. The ARTIST must obtain written approval from the OWNER'S
REPRESENTATIVE prior to hirin any subco tractor. If the OWNER'S REPRESENTATIVE
does not approve the hiring of any s bcontra or, another subcontractor must be submitted for
approval by the OWNER'S REPRESE TATI E.
Article 9. Termination
If either party to this agreement shall w~ Ifull or negligently fail to fulfill in a timely and proper
manner, or otherwise violate, any oft cove nts, agreements or stipulations material to this
agreement, the other party shall there pon hav the right to terminate this agreement by giving
written notice to the defaulting pa y of its int t to terminate specifying the grounds for
termination. The defaulting party sh II have thirty (3 )days after receipt of the notice to cure the
default. If it is not cured, then thi agreement shal terminate. In the event of default by the
OWNER, the OWNER shall pro tly compensate the RTIST for all services performed by the
ARTIST prior to termination. In e event of default by e ARTIST, all finished and unfinished
drawings, sketches, photograp s, and other work produc prepared and submitted or prepared
for submission by the ARTIS under this agreement shall t the OWNER'S option become its
property, provided that no ght to fabricate or execute t e ART WORK shall pass to the
OWNER and the OWNER hall compensate the ARTIST pu suant to Article 2 for all services
performed by the ARTIST prior to termination; or the ARTIST hall refund all amounts paid by
the OWNER in exchang for all finished and unfinished related rt works. Notwithstanding the
previous sentence, the ARTIST shall not be relieved of liability o the OWNER for damages
sustained by the OW R by virtue of any breach of this Agreem nt by the ARTIST, and the
OWNER may reason bly withhold payments to the ARTIST until suc time as the exact amount
of such damages d the OWNER from the ARTIST is determined.
Article 10. Compyfance
The ARTIST sp~all be required to comply with Federal, State, and City statutes, ordinances and
regulations a plicable 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,
g rider identity, or sexual orientation.
11.2 It is u derstood and agreed that the retention of ARTIST b OWNER for the purpose
of the oject shall be as an independent contractor an shall be exclusive, but the
ARTIST s II have the right to employ such assistanc as may be required for the
performance f the Project subject to the terms of Secti 8.2 of the Agreement.
11.3 It is agreed by th OWNER that all records and files ertaining to information needed
by the ARTIST for e project shall be available by aid City upon reasonable request
of the ARTIST. The WNER agrees to furnish all easonable assistance in the use of
these records and files.
11.4 At the request of OWNER, he ARTIST shall tend such meetings of the City Council
relative to the work set forth this Agreeme t as deemed necessary by OWNER. Any
requests made by the OWN shall be 'ven with reasonable notice to ARTIST to
assure attendance and shall c cide wit trips to Iowa City already planned by the
ARTIST pursuant to Sections 1.2 rid 1. .
11.5 Should any section of this Agreemen e found invalid, it is agreed that the remaining
portion shall be deemed severable f the invalid portion and continue in full force
and effect.
11.6 Upon signing this agreement, A IST ac owledges that Section 362.5 of the Iowa
Code prohibits a City officer or ployee fro having an interest in a contract with the
City, and certifies that no emp yee or officer f the City, which includes members of
the City Council and City bo rds and commis ions, has an interest either direct or
indirect, in this agreement, hat does not fall wi in the exceptions to said statutory
provision enumerated in S tion 362.5.
Article 12. Entire Agreement
This writing embodies the ent~ a agreement and understanding bet een the parties hereto, and
there are no other agreeme sand understandings, oral or written, 'th reference to the subject
matter hereof that are not erged herein and superseded hereby.
Article 13. Modification
No alteration, change, r modification of the terms of the Agreement shall a valid unless made
in writing and signed y both parties hereto and approved by appropriate a tion of the OWNER.
13
Exhibit B
Bronze t~bon and text mc~r~ted cxi I~t-t poles
14
Exhibit C
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18
Prepared by: Wendy Ford, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA
52240 (319) 356-356-5248
RESOLUTION NO.
10-518
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND ARTIST JOHN COYNE FOR COORDINATION OF THE DESIGN, FABRICATION
AND INSTALLATION OF THE NORTHSIDE LITERARY WALK EXTENSION AND
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE
SAME.
WHEREAS, the City Council of Iowa City approved the capital improvements project for
the Northside Marketplace streetscape; and
WHEREAS, the City of Iowa City has been designated a Great Place by the Iowa
Department of Cultural Affairs; and
WHEREAS, grant funding for infrastructure and public art was made available for the
extension of the Literary Walk to the Northside Marketplace because of the Great Place
designation, and
WHEREAS, a subcommittee of the Iowa City Public Art Advisory Committee has
selected literary passages to be incorporated into the extended literary walk elements,
WHEREAS, staff recommends approving this agreement,
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
coordination of the design, fabrication and installation of the Northside Literary Walk
Extension, 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 7th day of December , 2010..
Mayor
Attest:
~•
City ierk
Approved by:
` ty Attorney's office r ~/ a /w
Resolution No. 10-518
Page 2
It was moved by Bailey and seconded by Wi lbtirn the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
x
~-
x
x
x
~._
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
wpdatalglossary/resolution-ic. doc
~/~
CITY OF IOWA CITY
NORTHSIDE MARKETPLACE LITERARY WALK STREETSCAPE
AGREEMENT BY AND BETWEEN OWNER AND ARTIST
THIS AGREEMENT is made on / ~- ~ / n _ between 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 comprised of designated City of Iowa City Planning and
Community Development staff members and representatives from Confluence, Inc.,
Iowa City, Iowa.
WHEREAS, the OWNER, desires to contract with ARTIST for production of two
(2) lectern pedestal plaques, three (3) low pedestal plaques, and four (4) bronze sign
toppers, hereinafter described as ART WORK, as more particularly shown in Exhibits A
and B, attached .and incorporated herein by this reference, for the the Northside
Marketplace Literary Walk.
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
installation of the ART WORK at the site shown on the attached Exhibit C.
b. The ARTIST shall at all stages of execution, fabrication and installation
coordinate his work with the OWNER'S REPRESENTATIVE.
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. Such schedule shall generally
follow the tentative schedule outlined in the Bid Proposal. The schedule must be
approved by OWNER'S REPRESENTATIVE. The ARTIST shall fabricate, transport and
consult with the OWNER'S REPRESENTATIVE on the installation of 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'S
REPRESENTATIVE 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 Bid 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 ART
WORK not permitted by or not in substantial conformity with Exhibits A and B. A
significant change is any change in the scope, design, color, size, material, texture or
location of the ART WORK ,any change which affects installation, scheduling, site
preparation or maintenance for the ART WORK or any change to the concept of the ART
WORK as represented in Exhibits A and B.
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 thirty (14) days prior to the ARTIST'S intended time of delivery to determine the
particulars of delivery time, location and agent designated by the OWNER'S
REPRESENTATIVE.
c. The ARTIST shall deliver and consult with the OWNER'S REPRESENTATIVE
on the installation of the completed ART WORK at the site in compliance with the
schedule approved pursuant to Section 1.2 (a).
d. The ARTIST shall work with the OWNER'S REPRESENTATIVE, locating the
sign toppers according to the Northside Marketplace Streetscape plan and delivering the
plaques to Max-Cast, the artist fabricating the lectern and low pedestal art pieces.
e. Delivery of the plaques to Max-Cast shall be in a timely manner so as not to
delay the final fabrication and installation of the lecterns and pedestals. Installation of the
completed sign toppers shall occur no later than June 14, 2010.
1.4 Post Installation
a. 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 Exhibits A and B. This date shall be no later than 7 months after the date of the first
installment payment by the ARTIST as detailed in Section 2.1.
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 the date of the OWNER'S
REPRESENTATIVE'S written notification to ARTIST of final acceptance.
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. The
ARTIST shall not be responsible for loss or damage due to vandalism, theft, accidents,
or acts of God once the ART WORK is delivered by ARTIST to Max-Cast
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 the
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 the ARTIST'S employees or of any person other than the ARTIST'S
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 the
ARTIST'S 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 fixed fee in the amount of $ 6,300, which shall
constitute full compensation for all fees, services, expenses, and materials to be
performed and furnished by the ARTIST under this agreement. Expenses shall include
all travel and lodging required for the ARTIST to fulfill his obligations under this contract.
The fee shall be paid in the following installments, expressed as percentages of such
fixed fee, each installment to represent full and final, non refundable payment for all
services and materials provided prior to the due date thereof:
a. 33.3% within thirty (30) days after execution of this agreement.
b. 33.3% within thirty (30) days of the determination of OWNER'S
REPRESENTATIVE that the artwork has been properly fabricated.
c. 33.3% within thirty (30) days of installation and final acceptance.
2.2 ARTIST'S Expenses
The ARTIST shall be responsible for the payment of all expenses necessary for the
proper performance of the services required under this agreement, including but not
limited to mailing or shipping charges on submissions to the OWNER'S
REPRESENTATIVE, the cost of any and all engineering evaluations as required by the
OWNER, transporting the ART WORK to the site and the costs of all travel and lodging
by the ARTIST and the ARTIST'S agents and employees
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 Construction 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 because OWNER has not prepared the site for installation
as specified in Section 1.3(d) hereof, as a result of the improvements not being
completed on the site 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. In addition, the OWNER shall reimburse the ARTIST for
any additional travel costs or for unnecessary time spent on the site due to delays
caused by the OWNER. Such reimbursements shall be expenses in addition to the
Fixed Fee enumerated in Section 2.1.
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
unforeseeably 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 unforeseeably burdensome. Failure to 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 in a manner that 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.
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 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 (a).
6.2 Alteration of the Work or of the Site
a. Except as provided. under subsection 6.2(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.
6.3 Permanent Record.
The OWNER'S REPRESENTATIVE shall maintain on permanent fi-e 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 ART WORK and shall be carried out under
the personal supervision of the ARTIST. The ARTIST must obtain written 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 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 of 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 as deemed necessary
by OWNER. Any requests made by the OWNER shall be given with reasonable
notice to ARTIST to assure attendance and shall coincide with trips to Iowa
City already planned by the ARTIST pursuant to Sections 1.2 and 1.3.
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 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 - OWNER
.__
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John Coyne Matthew J. Hayek, Mayor
A TEST ~~
Marian .Karr, City Clerk
App~o~ea By
pity AttOCt1QY'S Ott~G9 i ~- (~ ~ i ~-~
EXHIBIT A
Item
Descri tion
Unit
Unit Qt
Price Extended
Amount
1 Lectern Pedestal Pla ue Ea 2 $600.00 $1,200.00
2 Low Pedestal Plaque Ea 3 $500.00 $1,500.00
3 Sign Topper bronze) Ea 4 $900.00 $3,600.00
GRAND
TOTAL
$6,300.00
Procedure:
Artist shall work with Lanscape Architect and City to refine the design of each piece
using the general concept as illustrated in the sketches attached (Exhibit B).
Tentative Schedule:
Element Refinement October -November 26, 2010
Mock-up and final design November 26 -December 31, 2010
Fabrication... January 1 -May 27, 2011
Installation May 30 -June 14, 2011
Artwork Descriptions:
1. L:ecterri Pedestal plaque; each.
The unit price for this item includes all costs associated with fabricating a bronze
plaque for the large lectuern pedestal. This approximately 10" x 25" plaque will
contain text and possible Northside literary walk logo. Artist shall provide this
plaque to and coordinate with the artist/fabricator/installer of the cast stone
lectern pedestal for collaborative design and installation of the piece.
2. Low Pedestal plaque; each.
The unit price for this item includes all costs associated with fabricating a bronze
plaque for the low pedestal. This approximately 12" x 10" plaque will contain the
Northside Literary Walk logo. The artist shall provide this plaque to and
coordinate with the artist/fabricator/installer of the low cast stone pedestal for
collaborative design and installation of the piece.
3. Sign Toppers; each.
The unit price for this item includes all costs associated with providing aluminum
or bronze sign toppers. These approximately 20" long double sided toppers will
contain the image of an open book and the Northside literary walk logo. The artist
shall be responsible for topper installation.
Exhibit B
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Exhibit C
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CITY OF IOWA CITY
NORTHSIDE MARKETPLACE LITERARY WALK STREETS
AGREEMENT BY AND BETWEEN OWNER AND ARTI;
THIS AGREEMENT is made on between th City of Iowa City,
hereinafter referred to as the OWNER, and John Coyne, hereinafter re rred to as the ARTIST.
The OWNER'S REPRESENT IVE shall be the Director of the D artment of Planning and
Community Development or pis/her designee. The COMMITT shall be comprised of
designated City of Iowa City Planning and Community Deve pment staff members and
representatives from Confluence, Inc., Iowa City, Iowa.
WHEREAS, the OWNER
lectrurn pedestal plaques, four (4
(bronze), hereinafter described as ;
attached and incorporated herein I
Walk.
NOW, THEREFORE, in
contained herein, the parties agree
Article 1. Scope of Services
1.1 General
desires to contract with RTIST for production of -two (2)
sign toppers (aluminu and four (4) stign topper materials
aRT WORK, as more articularly shown in Exhibits A and B,
~Y this reference, for he the Northside Marketplace Literary
ideration of /fhe mutual promises and undertakings
~Ilows: ~
a. The ARTIST shall perform a services and furnish all supplies, materials and
equipment as necessary for the design, a ution, fabrication, transportation and installation of
the ART WORK at the site shown on th atta ed Exhibit C.
b. The ARTIST shall at all s ges of a ecution, fabrication and installation coordinate
his work with the OWNER'S REPRE ENTATIVE.
1.2 Execution of the Work
a. The ARTIST shall
for completion of fabrication
submission of progress
schedule outlined in th
REPRESENTATIVE. The
REPRESENTATIVE on t
Such schedule may
REPRESENTATIVE and
ish the OWNER'S EPRESENTATIVE a tentative schedule
installation of the A WORK, including a schedule for the
e id Proposal. The schedule must be approved by OWNER'S
h installation of the ART WORK i accordance with such schedule.
rep rts, if any. Such schedul shall generally follow the tentative
TIST shall fabricate, transpo and consult with the OWNER'S
e amended by written agreem nt between the OWNER'S
he ARTIST.
b. The OWNE shall have the right to review the ART ORK at reasonable times
during the fabrication ereof. The ARTIST shall submit to the OWN R'S REPRESENTATIVE
progress reports in accordance with the schedule provided for in Sectio 1.2 (a).
c. The ARTIST shall complete the fabrication and ensure installatior~of the ART WORK
in substantial confc~mity with the approved Bid 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 ART
WORK not permitted by or not in substantial conformity with Exhibits A and B. A significant
2
change is any change in the scope, design, color, size, material, textu or location of the ART
WORK ,any change which affects installation, scheduling, site prep ation or maintenance for
the ART WORK or any change to the concept of the ART WORK a represented in Exhibits A
and B.
1.3 Delivery and Installation
a. The ARTIST sha notify the OWNER'S
fabrication of the ART WO is completed and t
installation at the site.
b. The ARTIST agrees to motify the OWNER'S
(14) days prior to the ARTIST'S intended time of deliv
time, location and agent designated"y~y the OWNER'S
REPREyS`ENTATIVE in writing when the
he AR ST is ready for its delivery and
FPRESENTATIVE, no fewer than thirty
to determine the particulars of delivery
:PRESENTATIVE.
c. The ARTIST shall deliver ar~d consult wit the OWNER'S REPRESENTATIVE on the
installation of the completed ART W0~2K at the s' a in compliance with the schedule approved
pursuant to Section 1.2 (a). ~,
d. The ARTIST shall work with th OW ER'S REPRESENTATIVE, locating the sign
toppers according to the Northside Marke la a Streetscape plan and delivering the plaques to
Max-Cast, the artist fabricating the lecturn d low pedestal art pieces.
e. Delivery of the plaques to Max- a t shall be in a timely manner so as not to delay the
final fabrication and installation of the le ur and pedestals. Installation of the completed sign
toppers shall occur no later than June , 20 0.
1.4 Post Installation
a. Upon installation of the,~ART WOR the ARTIST shall provide to the OWNER'S
REPRESENTATIVE written instru~Ctions for app priate 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 thc~ough 1.4 have been mpleted in substantial conformity with
Exhibits A and B. This date'shall be no later than 7 mo the after the date of the first installment
payment by the ARTIST asdetailed in Section 2.1.
b. The OWNER'S REPRESENTATIVE shall noti the ARTIST in writing of OWNER'S
final acceptance of the ART WORK.
c. Final acceptance shall be effective on the date of the OWNER'S
REPRESENTATIVE'S v~ritten notification to ARTIST of final a eptance.
1.6 Risk of Loss ~'
i
The risk of loss orc~amage to the ART WORK shall be born by the ARTIST until final
acceptance by the O ER, and the ARTIST shall take such mea ures as are necessary to
protect the ART WORK from loss or damage until final acceptance. he ARTIST shall not be
responsible for loss or damage due to vandalism, theft, accidents, or acts,of God once the ART
3
WORK is delivered by ARTIST to Max-Cast
1.7 Liability, Indemnification and Insurance
a. The ARTIST agrees to indemnify, defend and hold WNER and its officers,
employees, and agents harmless from any and all loss, cost, d age and expense (including
reasonable attorney's ~es and court costs) resulting from, arisi out of, or incurred by reason
of any claims, actions o~suits based upon or alleging bodily i ury, including death, or property
damage arising out of or`~~~resulting from ARTIST'S operatio s, duties or responsibilities under
this agreement, whether such be by ARTIST himself or y any subcontractor or by anyone
directly or indirectly employed by the ARTIST.
b. Upon final acceptan0,e
by law, and without waiving any.
the ARTIST against any and all
WORK, the site, the project or
ARTIST and claims which may
provided in Article 4.
of the ART WORK, e OWNER shall, to the extent permitted
immunities availab thereunder, indemnify and hold harmless
laims or liabilitie ereafter made in connection with the ART
his agreemen except claims by the OWNER against the
oixcur as a r It of the ARTIST'S breach of the warranties
c. The ARTIST and all em lob
insurance to protect the ARTIST fro
damages because of bodily injury inclu i
of the ARTIST'S employees or of any
claims for damages because of inju t
use resulting therefrom; and fro cl
professional services caused bye ors,
legally liable.
1.8 Title
e of the ARTIST shall each effect and maintain
ims under workers compensation acts; claims for
personal injury, sickness or disease, or death of any
erson other than the ARTIST'S employees; and from
or destruction of tangible property; including loss of
ii s arising out of the ARTIST'S performance of
o fissions, or negligent acts for which the ARTIST is
Title of the ART WORK sh~(I pass to the OWf~ER upon OWNER'S final acceptance of the
completed ART WORK /
Article 2. Compensation end Payment Schedule
2.1 Fixed Fee
The OWNER shall p y the ARTIST a fixed fee in the amo t of $ ,according to the
Bid Proposal, whic shall constitute full compensation for II fees, services, expenses, and
materials to be pe ormed and furnished by the ARTIST unde this agreement. Expenses shall
include all travel nd lodging required for the ARTIST to fulfill hi obligations under this contract.
The fee shall b paid in the following installments, expressed as ercentages of such fixed fee,
each installm t to represent full and final, non refundable p ment for all services and
materials pro ded prior to the due date thereof:
a. 3.3% within thirty (30) days after execution of this agreeme t.
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b. 33.3% wit~in thirty (30) days of the determination of OWNER'S EPRESENTATIVE
that the a work has been properly fabricated .
c. 33.3% within thirty (30) days of installation and final acceptance.
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2.2 ARTIST'S Expenses
The ARTIST shall be responsible for the payment of all xpenses necessary for the proper
performance of the servi es required under this agreemen ,including but not limited to mailing
or shipping charges on su missions to the OWNER'S RE RESENTATIVE, the cost of any and
all engineering evaluations s required by the OWNER, t nsporting the ART WORK to the site
and the costs of all travel an lodging by the ARTIST an the ARTIST'S agents and employees
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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 REPRESEN ATIVE pursuant to Section 1.2, provided that
such time limits may be extended or otherw' e modified by written agreement between the
ARTIST and the OWNER'S REPRESf*NTAT E.
3.2 Construction Delays
If, when the ARTIST completes fabricaf or procurement of the ART WORK in accordance
with the approved schedule and noti es the OWNER that the ART WORK is ready for
installation, the ARTIST is delayed fro ins ailing the ART WORK within the time specified in
the schedule because OWNER has t prep red the site for installation as specified in Section
1.3(d) hereof, as a result of the i proveme is not being completed on the site to permit
installation of the ART WORK, the WNER sh I provide storage, or reimburse the ARTIST for
reasonable transportation and stor ge costs inc red for the period between the time provided
in the schedule for commenceme t of installation nd the date upon which the site is sufficiently
complete to reasonably permit i~tallation of the T WORK. In addition, the OWNER shall
reimburse the ARTIST for any ~(dditional travel cost or for unnecessary time spent on the site
due to delays caused by the O,JWNER. Such reimbu ements shall be expenses in adddition to
the Fixed Fee enumerated in section 2.1.
3.3 Early Completion of AR~"IST Services
The ARTIST shall bear any transportation and storage c is resulting from the completion of
the ARTIST'S services pr.~or to the time provided in the sche ule for installation.
3.4 Time Extensions
The OWNER'S REPRESENTATIVE shall grant a reasonable a tension of time to the ARTIST
in the event that there is a delay on the part of the ARTIST in p rforming its obligations under
this Agreement due`to conditions beyond the ARTIST'S control r Acts of God which render
timely performancQ of the ARTIST'S services impossible or nforeseeably burdensome.
Likewise the ART1~6T shall grant a reasonable extension of time t the OWNER in the event
that there is a 'lay on the part of the OWNER in performing s obligations under this
Agreement due t,~conditions beyond the OWNER'S control or Acts of od which render timely
performance of,%the OWNER'S services impossible or unforeseeably urdensome. Failure to
fulfill contractual obligations due to conditions beyond either party's teas nable 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 repre ents and warrants that: (a) the ART ORK is solely the result of the artistic
effort of the ART T; (b) except as otherwise di closed in writing to the OWNER'S
REPRESENTATIVE, he ART WORK is unique and riginal and does not infringe upon any
copyright; (c) that the RT WORK, or a duplicate ereof, has not been accepted for sale
elsewhere; and (d) the AST WORK is free and clear f any liens from any source whatever.
4.2 Warranties of Quality a'tvd Condition
The ARTIST represents and ` arrants that: (a) t e execution and fabrication of the ART WORK
will be performed in a workman 'ke manner; (b the ART WORK, as fabricated and installed, will
be free of defects in material a d workman ip, including any defects consisting of inherent
qualities which cause or accele to deteri ration of the ART WORK; and (c) maintenance
recommendations submitted by the RTIS to the OWNER'S REPRESENTATIVE hereunder, if
followed, will achieve their intended sult.
The warranties described in this /~
final acceptance of the ART WOF
observed .breach with reasonable
OWNER, and at no cost to the OW
warranty in a manner that is consi
example, cure by means of repair
Article 5. Reproduction Rights
5.1 General
n 4.2 shall survive for a period of five years after the
;. he OWNER shall give notice to the ARTIST of any
ro tness. The ARTIST shall, at the request of the
ER, c re reasonably and promptly the breach of any such
nt with rofessional conservation standards (including, for
efabricat n of the ART WORK).
To the extent not limited by!this Section 5.1, the ARTIS retains all rights under the Copyright
Act of 1976, 17 U.S.C., 1f~1 et. seq., and all other righ in and to the ART WORK except
ownership and possession``. In view of the intention that th ART WORK in its final dimension
shall be unique, the ART-`ST shall not make any additional d licate reproductions of the final
ART WORK, nor shall the ARTIST grant permission to others do so except with the written
permission of the OWNER. The ARTIST grants to the OWNER nd its assigns aroyalty-free,
irrevocable license to make two or three dimensional reproducti ns of the ART WORK for
educational and/or no~i-commercial purposes, including but not limit d to reproductions used in
advertising, calendar, posters, brochures, media, publicity, catalogu s, museum, educational
and development prgjects, or other similar publications, provided that th se 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 Owr~r
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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 Statg~s Register of Copyrights, a
copyright of the ART VyORK in the ARTIST'S name. /
Article 6. ARTIST'S Rig
6.1 Maintenance
The OWNER recognizes that intenance of the ART W RK on a regular basis is essential to
the integrity of the ART WORK. The OWNER shall t e reasonable steps to assure that the
ART WORK is properly maintaine and protected, t ing into account the instructions of the
ARTIST provided in accordance with ection 1.4 (a).
6.2 Alteration of the Work or of the Site
a. Except as provided under s
intentionally damage, alter, modify or
of the ARTIST.
b. The OWNER reserves the right
ART WORK to another site; and remove
provisions shall apply to relocation or rem
2(b), below, the OWNER agrees that it will not
ART WORK without the prior written approval
the location of the ART WORK; relocate the
~ WORK from public display. The following
(i) While the OWNER s all attempt t remove ART WORK in such a way as to
not affect the ART WORK, it is the parties' unders nding that such removal may result in
damage, alteration, modification, d truction, distortio or other change of the ART WORK.
The ARTIST acknowledges that thi provision shall quali under 17 U.S. C. Section 113 (d) so
as to waive rights under 17 U.S.C. ection 106A.
(ii) If, at the
removed without damage,
OWNER shall give notice a
of the ART WORK, the A
address, with the Register
ARTIST further agrees to
notification of intent to re o
6.3 Permanent Record.
tim of removal, it is determin d that the ART WORK may be
al ration, modification, destruct n, distortion or other change,
s r quired by 17 U.S.C. Section 11 (d) (2) and (3). On completion
R IST agrees to file the records, in uding ARTIST'S identity and
Copyrights as provided under 17 U. C. Section 113 (d) (3). The
pdate information with the Register of opyrights so as to permit
ve the ART WORK.
The OWNER'S REF)'RESENTATIVE shall maintain on permanent fil~ a record of this
Agreement and the I cation 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
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employee or official of the OWNER, nor shall the ARTIST exercise supervision over any
employee or official of the OWNER. ~i
Article 8. Assignments, Transfer, Subcontracting
8.1 Neither this Agreement nor any interest herein shall be/transferred by the ARTIST. Any
such transfer shall b~ null and void and shall be cause to an l this Agreement.
8.2 Subcontracting by~4RTIST
The ARTIST may sub ntract portions of the sE
ARTIST'S expense provi ed that said subcontracti
appearance, or visual qual of the ART WORK ai
supervision of the ARTIST. The ARTIST must ob
REPRESENTATIVE prior to 'ring any subcontra
does not approve the hiring of y subcontractor, r
approval by the OWNER'S REPR SENTATIVE.
ic,~s to be provided hereunder at the
shall not negatively affect the design,
shall be carried out under the personal
n written approval from the OWNER'S
. If the OWNER'S REPRESENTATIVE
her subcontractor must be submitted for
Article 9. Termination
If either party to this agreement shall 'llfull
manner, or otherwise violate, any of the o
agreement, the other party shall thereupo
written notice to the defaulting party of i
termination. The defaulting party shall ha e f
default. If it is not cured, then this agr ems
OWNER, the OWNER shall promptly c mpe
or negligently fail to fulfill in a timely and proper
Hants, agreements or stipulations material to this
ve the right to terminate this agreement by giving
intent to terminate specifying the grounds for
y (30) days after receipt of the notice to cure the
~ shall terminate. In the event of default by the
sa the ARTIST for all services performed by the
ARTIST prior to termination. In the a nt of defa t by the ARTIST, all finished and unfinished
drawings, sketches, photographs, an other work p ducts prepared and submitted or prepared
for submission by the ARTIST and this agreemen shall at the OWNER'S option become its
property, provided that no right t fabricate or exe to the ART WORK shall pass to the
OWNER and the OWNER shall c mpensate the ARTI T pursuant to Article 2 for all services
performed by the ARTIST prior t termination; or the A IST shall refund all amounts paid by
the OWNER in exchange for all inished and unfinished r ated art works. Notwithstanding the
previous sentence, the ARTIS shall not be relieved of li ility to the OWNER for damages
sustained by the OWNER by irtue of any breach of this A Bement by the ARTIST, and the
OWNER may reasonably with old payments to the ARTIST un ' such time as the exact amount
of such damages due the OV)/NER from the ARTIST is determin d.
Article 10. Compliance
The ARTIST shall be req~~ired to comply with Federal, State, and City tatutes, ordinances and
regulations applicable to the performance of the ARTIST'S services and \ his agreement.
Article 11. General Ternis
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 discharlge or refuse to hire any individual because of their race, color, religion, sex,
national of'+gin, disability, age, marital status, gender identity, or sexual orientation.
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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 o ARTIST by OWNER for the purpose
of the Project shall be as an independent co actor 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 ter s of Section 8.2 of the Agreement.
11.3 It is agreed by the OWNER that all recor and files pertaining to information needed
by the ARTIST for the project shall be a ailable by said City upon reasonable request
of the ARTIST. The OWNER agrees t furnish all reasonable assistance in the use of
these records` nd files.
11.4 At the request of WNER, the AR ST shall attend such meetings of the City Council
relative to the work et forth in this Agreement as deemed necessary by OWNER. Any
requests made by t e OWNER hall be given with reasonable notice to ARTIST to
assure attendance a shall co~ncide with trips to Iowa City already planned by the
ARTIST pursuant to Se tions 1 and 1.3.
11.5 Should any section of this A Bement be found invalid, it is agreed that the remaining
portion shall be deemed s erable from the invalid portion and continue in full force
and effect.
11.6 Upon signing this agr~
Code prohibits a City c
City, and certifies that
the City Council and
indirect, in this agrees
provision enumerated ,
Article 12. Entire Agreement
nt, RTIST acknowledges that Section 362.5 of the Iowa
er or a ployee from having an interest in a contract with the
employ a or officer of the City, which includes members of
ly boards nd commissions, has an interest either direct or
:nt, that do` not fall within the exceptions to said statutory
Section 362~ti
This writing embodies the er}kire agreement and undostanding between the parties hereto, and
there are no other agreeme is and understandings, or~ or written, with reference to the subject
matter hereof that are not n)lerged herein and supersedetf,hereby.
Article 13. Modification
No alteration, change, or modification of the terms of the Agree ent shall be valid unless made
in writing and signed by,~oth parties hereto and approved by app priate action of the OWNER.
ARTIST
John Coyne
OWNER
Matthew J. Hayek, Mayor
ATTEST
Marian K. Karr, City C