HomeMy WebLinkAbout1988-06-01 ResolutionRESOLUTION NO. 88-116
RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN AGREEMENT BY
AND BETWEEN THE CITY OF IOWA CITY, IOWA, AND STANLEY CONSULT-
ANTS, INC. FOR THE PROVISION OF CONSTRUCTION MANAGEMENT SERV-
ICES, ALL IN CONNECTION WITH THE CONSTRUCTION OF THE NORTH
EXCESS FLOW AND WASTEWATER TREATMENT FACILITIES AND THE SOUTH
WASTEWATER TREATMENT FACILITIES.
WHEREAS, the City of Iowa City, Iowa, did on May 24, 1988, execute and
enter into an Agreement with Paul A. Laurence Company for the construction
of the North Excess Flow and Wastewater Treatment Facilities and the South
Wastewater Treatment Facilities; and
WHEREAS, professional construction management services are required in
order to assure that said facilities are constructed as designed and
within the applicable time constraints under which the City is operating;
and
WHEREAS, an Agreement for the Provision of Project Management Services has
been negotiated with and executed by Stanley Consultants, Inc.; and
WHEREAS, this City Council has been advised and does believe that it would
be in the best interests of the City of Iowa City, Iowa, to execute and
enter into said Agreement with Stanley Consultants, Inc.
NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, that the Agreement By And Between The City of
Iowa City, Iowa, and Stanley Consultants, Inc. for the Provision of Con-
struction Management Services, attached hereto and made a part hereof, be
and the same is hereby approved as to form and content.
AND BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby au-
thorized and directed to execute and attest, respectively, said Agreement
for and on behalf of the City of Iowa City, Iowa.
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It was moved by Ambrisco and seconded by Dickson
the Resolution be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
—X— COURTNEY
—X— DICKSON
—� HOROWITZ
—� LARSON
—R— MCDONALD
X STRAIT
Passed and approved this 1st day of June 1988.
MAYOR
Ap�pr ,ed a o Form
ATTEST:,
CITY -CLERK LEkAL DEPARTMENT
7.9f
AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA
AND STANLEY CONSULTANTS, INC., FOR THE PROVISION
OF CONSTRUCTION MANAGEMENT SERVICES
This AGREEMENT made this 1St day of ,lune , 1988, between the City
of Iowa City (CITY) and Stanley Consultants, Inc. [Construction Manager (CM)]
for services in connection with the Project known as North Excess Flow and
Wastewater Treatment Facilities and South Wastewater Treatment Facilities, as
further described in Article 2 - Design Professional for the Project is Metcalf
S Eddy, Inc., a Delaware Corporation (MSE).
ARTICLE 1
RELATIONSHIP OF THE PARTIES
1.1 CITY and Construction Manager
The Construction Manager (CM) shall be the CITY's agent in providing
the Construction Management Services as described in Article 3. The
CM and the CITY shall perform as stated in this AGREEMENT and the CM
and CITY accept the relationship of trust and confidence between
them which is established by this AGREEMENT.
1.2 Standard of Care
CM shall render the Professional Services, required herein, in accor.
dance with the generally accepted Professional Standards of Profes-
sional Engineers engaged in Construction Management, but no other
warranty is extended either express or implied.
CM covenants with the CITY to use its best efforts in furnishing CM
services consistent with the CITY's interest. As used in this AGREE-
MENT, the term "best efforts" shall require the CM to act in an
expeditious, prudent, and diligent manner.
1.3 CITY and Design Professional
The CITY entered into a separate agreement with Metcalf S Eddy, Inc.,
as its Design Professional, to provide architectural and engineering
design for the Project. The CITY may, however, authorize the CM to
provide design or engineering services as Additional Services pur-
suant to Article 4 hereof. In such instances, the CM shall assume
the duties and obligations of a Design Professional with respect to
such work, and shall incur professional responsibility with respect
thereto, for its services.
1.4 CITY and Construction Contractor
The CITY has entered into a separate Agreement with Paul A. Laurence
Company for the construction of the Project. The term Contractor as
used herein refers to Paul A. Laurence Company and its subcontractors,
and the term Construction Contract refers to said Agreement with
Paul A. Laurence Company and the CITY.
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In providing Construction Manageve nt Services described in this
AGREEMENT, the CM shall use its best efforts to maintain a good working
relaticnship with the Contractor and Design Professional on behalf of
the CITY. However, nothing in this AGIZEEM ` shall be construed to
mean that the CH asmmes arty of the contractual responsibilities or
duties of the Contractor or Design Professional. The Contractor is
solely responsible for construction means, methods, sequencing and
procedures used in the construction of the Project and for the safety
of personnel and its operations. The Design Professional is solely
responsible for the Project design and shall perform in accordance with
the Design Professional's agreement with the CITY. QA acnowledges
that it has reviewed the CITY's Agreements with the Design Professional
and the Contractor, and that it is familiar with the duties and
obligations of each under their respective contracts.
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2.1 The work for the North Excess Flow and Wastewater Treatment Facilities
(herein referred to as the "Work") consists of construction of influent
pump station, aerated grit tanks, clarifiers, rapid sand filters,
sludge pimp station, disinfection facilities, flaw equalization basins,
and appurtenant work in the City of Iowa City, Iowa, all as more
particularly indicated, shown or described in the Drawings, Specifica-
tions, and other contract Documents. The location, general charac-
teristics, and principal details of the Work are indicated on a set of
119 Metcalf S Eddy, Inc., drawings, titled "North Excess Flow and
Wastewater Treatment Facilities," dated August, 1987.
2.2 The work for the South Wastewater Treatment Facilities (herein referred
to as the "Work") consists of constnZtion—of influent prop station,
clarifiers, aeration tanks; sludge prop station, belt filter press
building, anaerobic-diigesters, digestion facilities, disinfection
facilities, flow equalization basins, and appurtenant work in Johnson
County, Iowa, all as more particularly indicated, shown or described in
the Drawings, Specifications, and other Contract Documents, dated May,
1987. The location, general characteristics, and principal details of
the work are indicated on a set of 168 ME drawings, titled "South
Wastewater Treatment Facilities."
2.3 CM acknowledges that it has reviewed the foregoing and is familiar with
the scope of the project. The construction of the work and facilities
outlined in sections 2.1 and 2.2 constitutes the "project" or the
"entire project," and shall hereafter be referred to as such.
ARTICLE 3
BASIC SERVICES DURING CONSI53hMCN PHASE
3.1 The Construction Phase will oanme ce with the award of the initial
Constnuction Contract and will end 30 days after final payment to the
Contractor. During the C stiucticn Phase and for the period provided
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in Article 6, the CM shall, using its best efforts, provide the
following Basic Services.
3.2 Upon execution of the construction contract, the CM shall meet with
Contractor to secure its proposed Project Construction Schedule
showing (1) milestone events significant to the project and "long
lead" major equipment items associated with those events; (2) the
exact sequence of operations and item estimates for the completion
of the project; (3) the order, sequence, and interdependence of all
significant work activities along with a schedule for the procurement,
fabrication, and delivery of critical or special materials and equip-
ment; and (4) a schedule of contractor submittals and anticipated
approvals of samples and shop drawings for equipment and materials.
The Project Construction Schedule shall include a schedule for the
North Excess Flow and Wastewater Treatment Facilities and a schedule
for the South Wastewater Treatment Facilities, including the integra-
tion of those schedules to reflect completion of the overall project.
The Project Construction Schedule shall, in addition to the foregoing,
include a precedence diagram showing the proposed construction sched-
ule for each plant.
The CM shall review the Project Construction Schedule prior to its
submission, shall offer its observations to the Contractor concerning
said Schedule, and shall make a written report to the CITY containing
its observations and recommendations with regard thereto.
3.3 The CM shall manage and administer the construction contract, and
shall consult with and advise the CITY in regard to the progress
and quality of construction throughout the construction phase. The
CM shall assign, at a minimum, individuals to provide construction
management services as per EXHIBIT A. The CM shall subcontract a
portion of its work to local firms provided that (1) such firms shall
be acceptable to the CM and to the CITY and (2) such subcontracts
shall not relieve the CM of its responsibilities under this AGREEMENT.
Nothing herein shall operate to relieve the CM of its obligations to
provide sufficient organization, personnel, and management to carry
out the requirements of this AGREEMENT.
3.4 The CM shall schedule and conduct a preconstruction conference with
CITY and Contractor, and shall conduct weekly construction and prog-
ress meetings with the Contractor to review and discuss construction
progress, procedures, problems, and scheduling. The CM shall promptly
prepare and distribute to participants and the CITY detailed written
minutes of all such conferences and meetings. The CM shall prepare
and submit to the CITY written monthly reports covering the progress
of the construction work, problems encountered, and scheduling.
Nothing herein shall preclude the CITY from attending such conferences
and meetings.
3.5 The CM shall periodically cause the Contractor to update and reissue,
as necessary, the Project Construction Schedule to show current
conditions and proposed revisions necessitated by actual experience.
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3.6 The CM shall provide resident project representation by sufficient
resident project staff as set forth in EXHIBIT A, being present at
the site when construction work is in progress, in order to provide
project observation and inspection of the progress and quality of
the construction work to determine in general if it is proceeding
in accordance with the Contract Documents. The CM shall use its
best efforts to guard the CITY against defects and deficiencies in
the work of the Contractor, shall determine if the work is proceeding
in accordance with the Contract Documents, and shall endeavor to
achieve satisfactory performance from the Contractor. The resident
project staff will direct its best efforts toward providing greater
protection for the CITY so that the completed Project will conform to
the Contract Documents, but neither the CITY, nor the CM, nor their
respective staffs will be responsible for the means, methods, tech-
niques, or procedures of construction selected by the Contractor or
for safety precautions and programs incident to the work of the
Contractor or for any failure of the Contractor to comply with any
laws, ordinances, rules, or regulations applicable to the construction
work. The Contractor shall have primary responsibility to perform
the construction work as set forth in the Contract Documents.
The CM shall notify the CITY of all permanent work which does not
conform to the contract documents, shall prepare and submit a written
report describing any apparent nonconforming permanent work, and
shall make recommendations to the CITY for its correction, and when
authorized by the CITY shall instruct the Contractor to carry out
the acceptable corrective measures.
3.7 The CM shall maintain detailed records of the work including a daily
diary/log of all activities at the work site which may affect the
quality and timely prosecution of the work. The daily diary/log
format shall include a record of contractors workforce at each work
site, a list of visiting inspectors and officials, daily activities,
weather conditions, equipment on each site, decision made, general
observations, and specific observations (e.g., test results). Copies
of daily logs, inspection, and testing reports shall be provided to
the CITY weekly. Additionally, construction photos shall be main-
tained to document construction progress. A series of photos shall
be taken from the same vantage points on a weekly basis.
3.8 The CM shall review and take appropriate action on shop drawings and
samples, the results of tests and inspections, and other data which
Contractor is required to submit, for conformance with the design
concept of the Project and compliance with the information given in
the Contract Documents, shall determine the acceptability of sub-
stitute materials and equipment proposed by Contractor; and shall
receive and review (for general content as required by the Specifica-
tions) maintenance and operating instructions, schedules, guarantees,
bonds, and certificates of inspection which are to be assembled by
Contractor in accordance with the Contract Documents.
3.9 The CM shall issue all instructions of the CITY to the Contractor;
shall prepare change orders as required; shall require such special
inspection or testing as necessary to evaluate conformance of the
work with the requirements of the contract documents and the perfor-
mance thereunder by the parties thereto; shall interpret and make
determinations with regard to the requirements of the Contract Docu-
ments; shall make recommendations to the CITY on all claims of Con-
tractor relating to the execution and progress of the work; and shall
assist the CITY in obtaining data and information from the Contractor
as required in the construction contract documents.
3.10 The CM shall recommend construction change orders to the CITY, shall
review requests for change orders, shall assist in negotiating Con-
tractors' proposals, shall submit recommendations to the CITY and if
they are accepted, prepare Change Orders for the CITY's authorization.
3.11 The CM shall maintain at the Project sites, on a current basis: a
record copy of all Contracts, Drawings, Specifications, Addenda,
Change Orders and other Modifications, in good order and marked to
record significant changes; Shop Drawings; Product Data; Samples;
submittals; maintenance and operating manuals and instruction; other
related documents and revisions which arise out of the Contract or
Work.
The CM shall require the Contractor to provide testing in accordance
with the construction plans and specifications. The CM shall provide
a baseline survey at each site to establish the initial line and
grade, and soils density and concrete testing as necessary during
construction.
3.12 As provided in Section CA.34 of the Construction Contract, the CM
shall in each month during the construction phase make an estimate
in writing of the total amount and value of the construction work
done by Contractor to the first of the month. Each estimate shall
also include a calculation of the percent of construction completion
for both the North Excess Flow and Wastewater Treatment Facilities
and the South Wastewater Treatment Facilities, as well as a calcula-
tion of the percent of construction completion for the entire project,
based on the value of the work done. Such estimates shall be based
upon the CM's observations and inspections of the construction work
performed as a professional experienced and qualified in construction
management, and upon the CM's review of the Contractor's applications
for progress payments and the supporting data submitted therewith.
Such estimate shall constitute the CM's professional recommendation
with regard to payment and shall constitute a representation to the
CITY, based on such observations, inspections, and review, that the
work has progressed to the point indicated and that, to the best of
the CM's knowledge, information and belief, the quality of work is
in accordance with the Contract Documents (subject to an evaluation
of the work as a functioning Project upon Substantial Completion, to
the results of any subsequent tests called for in the Contract docu-
ments, and to any qualification stated in the recommendation). The
CM shall submit each such estimate in writing not later than the
10th day of each month.
The CM shall obtain from Contractor in connection with each applica-
tion for progress payment made by the Contractor, Statements of
Account Status as required by the Construction Contract. The CM
shall, in conjunction with the submission of each progress estimate,
certify to the CITY that such statements have been submitted on the
form provided in the Construction Contract, have been reviewed and/or
approved by the Contractor prior to submission, and are in the posses-
sion of the CM. The CH shall also prepare each month a report showing
the names of all subcontractors who, to date, worked on the construc-
tion site. The CM shall, upon request, provide originals or copies
of Statements of Account Status to the CITY.
As required in the Construction Contracts, the CM shall obtain from
the Contractor, in connection with each application for progress
payment made by the Contractor, or at least monthly, such workforce
information as is required by the CITY's Contract Compliance Program.
By recommending any payment, CM will not be deemed to have represented
that it has made any examination to determine how or for what pur-
poses any Contractor has used the moneys paid on account of the
Contract Price, or that title of any of the Contractor(s) work,
materials, or equipment has passed to CITY free and clear of any
lien, claims, security interests, or encumbrances.
3.13 The CM shall conduct an inspection with the CITY to determine if the
Project is substantially complete and a final inspection with the
CITY to determine if the Project has been fully completed in accor-
dance with the Contract Documents. If the Contractor has fulfilled
all of its obligations thereunder the CM shall recommend, in writing,
final approval of the work by the CITY. As used herein, the term
"Substantially Completed" shall mean the completion of all work
required by the contract documents with the exception of punch list
or minor items, so that the CITY can have the beneficial operation and
use of the facilities with minimal interference from the Contractor.
As used herein, the term "Fully Completed" shall mean the completion
of all the work including punch list or minor items, in substantial
compliance with the Contract Documents.
3.14 At the close of the Construction Phase, the CM shall deliver to the
CITY all records and documents which it is required to keep and
maintain pursuant to this Agreement, including but not limited to
those provided in Section 3.11. The CM shall also prepare a set of
reproducible Record Drawings showing those changes made during the
construction process, based on marked -up prints, drawings, and other
data generated by the CH or furnished to the CM by the Contractor or
the CITY and which the CM and the CITY consider significant.
ARTICLE 4
ADDITIONAL SERVICES
4.1 If authorized in writing by CITY, CM shall furnish or obtain from
others, Additional Services of the following types which are not
included as Basic Services in Article 3, to be paid for by the CITY
as indicated in Article 7:
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4.1.1 Services resulting from significant changes in general scope of the
Project or its design including, but not limited to, changes in size,
complexity, CITY's schedule, character of construction or a method
of financing; and revising previously accepted studies, reports,
design documents or Contract Documents when such revisions are due
to cause or reasons beyond the CH's control.
4.1.2 Investigations involving detailed consideration of operations, mainte-
nance, and overhead expenses; and the preparation of rate schedules,
earnings and expense statements, feasibility studies, appraisals and
evaluations; detailed quantity surveys of materials, equipment and
labor; and audits or inventories required in connection with construc-
tion performed by the CITY.
4.1.3 Additional or extended services during construction made necessary by
default of the Contractor.
f 4.1.4 Preparation of operating and maintenance manuals; protracted or
i extensive assistance in theutilizationof any equipment or system
(such as initial start-up, testing, adjusting, and balancing); and
training personnel for operation and maintenance.
4.1.5 Services after completion of the Construction Phase, such as inspec-
tions during any guarantee period and reporting observed discrepancies
under guarantees called for in any contract for the Project.
4.1.6 Preparing to serve or serving as a consultant or witness for the
CITY in any litigation, public hearing, or other legal or administra-
tive proceeding involving the Project.
4.2 The CITY, without invalidating the AGREEMENT, may make changes in
the Services specified in the standard Scope of Services of this
AGREEMENT. The CITY, without invalidating this AGREEMENT, may also
make changes to the Project which result in changes to the Construc-
tion Management Services to be provided by the CM and to the duration
of such services. No such change shall be valid unless it is first
authorized by the CITY in writing and accepted to by the CH, which
acceptance shall not be unreasonably withheld.
4.2.1 The CM shall notify the CITY of all changes which increase the CH's
cost or the duration of the CH's services, or both.
4.2.2 A written request for additional compensation shall be given by the
CM to the CITY within thirty (30) days of the CM having knowledge of
the event giving rise to such request.
4.2.3 Changes which result in an increase in compensation to the CM or the
duration of Cm's services, or both, shall be made by a written Amend-
ment to the AGREEMENT executed by the CITY and the CH. The Amendment
will be executed prior to the performance of additional or extended
services by the CM. The CM shall proceed to perform such additional
or extended services only after written notice directing the CM to
proceed, and additional compensation shall be as provided in Article 5.
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ARTICLE 5
CONSTRUCTION MANAGER'S COMPENSATION
(Lump Sum Fee)
5.1 Compensation for Basic Services
The CITY will compensate the CM in accordance with the terms and
conditions of this AGREEMENT as follows:
5.1.1 For the Basic Services provided by the CM as set out in Article 3,
the Cm shall be paid as Total Basic Compensation, the Lump Sum of
one million two hundred nine thousand DOLLARS ($1,209,000.00).
5.1.2 The CM's lump sum fee shall be earned and paid in accordance with
EXHIBIT B, attached hereto. The CM shall submit monthly statements
requesting payment for its services concurrently with the submission
j of estimates for payment of the Construction Contractor.
5.1.3 If the CITY elects to extend Basic Services provided by the CM as
set out in Article 3, the CM agrees to provide a resident manager,
secretary, and field office expenses in return for which CM shall be
paid shall be paid a monthly fee of Thirteen Thousand Five Hundred
Dollars ($13,500.00) for each month beyond the time set forth in
Article 6.1, for a maximum of 12 additional months.
5.1.4 If the CITY wrongfully fails to make payment within forty-five (45)
days after receipt of statement, CM shall be entitled to interest at
the maximum legal rate or at the rate of 12 percent per annum, which-
ever is less, and may, after giving seven days' written notice,
suspend services until it has been paid in full all amounts due.
5.1.5 No deductions shall be made from the CM's compensation on account of
any claim of the Contractor, or others not a party to this AGREEMENT,
nor on account of any liquidated damages, retainage, or other sums
withheld from payments to Contractor, Design Professional, or others.
5.2 Compensation for Additional Services
The CITY shall pay CM for Additional Services not otherwise provided
for in this Agreement through a negotiated fee or on the basis of
CH's then current hourly fees in effect at the time service is pro-
vided plus reimbursable expenses. The CM's current Schedule of Fees
is attached hereto as EXHIBIT C. Compensation for additional services
shall be earned as additional services are rendered and as related
reimbursable expenses are incurred, and shall be separately calculated
and billed on the CM's monthly statements.
ARTICLE 6
DURATION OF THE CONSTRUCTION MANAGER'S SERVICES
6.1 The duration of the Basic Services under this AGREEMENT shall be 730
consecutive calendar days from the commencement date or the completion
of the construction phase, whichever is earlier.
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6.2 The Basic Services under this AGREEMENT may at the CITY's option be
extended beyond 730 calendar days upon written authorization from
the CITy, and, in that event compensation to the CM shall be as
provided in Article 5.1.3.
6.3 The commencement date for services shall be the date of the execution
of this AGREEMENT by the CITY.
ARTICLE 7
CITY'S RESPONSIBILITIES
7.1 The CITY will provide to the CM full information regarding the CITY's
requirements for the Project.
7.2 The CITY will examine information submitted by the CM and shall render j
decisions pertaining thereto promptly.
7.3 The CITY will furnish legal, accounting, and insurance counseling
services as may be necessary for the Project.
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7.4 The CITY will furnish insurance for the project as specified in
Article 9.
7.5 If the CITY observes or otherwise becomes aware of any fault or defect
I in the Project or nonconformity with the Contract Documents, prompt
written notice thereof shall be given to the CM.
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7.6 The CITY will furnish required information and approvals and perform
its responsibilities and activities in a timely manner to facilitate
orderly progress of work in cooperation with the CM consistent with
this AGREEMENT and in accordance with the planning and scheduling
requirements and budgetary restraints of the Project as determined
by the CM and CITY.
7,7 At the request of the CM, sufficient copies of the Contract Documents
will furnished by the CITY at its expense.
7,E The CITY will send, and shall require the Design Professional to send
copies of all notices and communications sent to or received by the
CITY or the Design Professional relating to the Project to the CM.
During the Construction Phase of the Project, the CITY will require
that the Contractor submit all notices and communication relating to
the Project directly to the CM.
7,9 The CITY will designate an employee to act in the CITY's behalf with
respect to the Project. The CITY's representative for the Project
is Charles J. Schmadeke, This representative will have the authority
to approve necessary project change or work orders and will be avail-
able during working hours as often as may be required to render
decisions and furnish information in a timely manner.
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ARTICLE 8
NOTICES
8.1 All notices required by this AGREEMENT or other communications to
either party by the other shall be deemed given when made in writing
and deposited in the United States mail, first class, postage prepaid,
addressed as follows:
To the CITY: Charles J. Schmadeke
Director of Public Works
Iowa City Civic Center
410 East Washington Street
Iowa City, Iowa 52240
To the CM: Herbert R. Ohrt
Stanley Consultants, Inc.
Stanley Building
225 Iowa Avenue
Muscatine, Iowa 52761
ARTICLE 9
INSURANCE AND MUTUAL INDEMNITY
9.1 CM's Insurance
9.1,1 The CM shall purchase and maintain insurance for protection from
claims under workers' or workmens' compensation acts; claims for
damages because of bodily injury, including personal injury, sickness,
disease, or death of any of the CM's employees or of any person;
from claims for damages because of injury to or destruction of tan-
gible property including loss of use resulting therefrom; and from
claims arising out of the performance of this AGREEMENT and caused
by negligent acts for which the CM is legally liable as follows:
(a) Workers' Compensation: workers' compensation insurance as
required by the laws of the state or countries with jurisdiction
of the services to be performed, including employer's liability
insurance, with a limit of $1,000,000 per accident.
(b) Comprehensive General Liability, excluding Automobile Liability:
comprehensive general public liability insurance, including
coverage for all premises, operations, operations of independent
contractors, products and completed operations, personal injury
coverage (including claims brought by employees), employees
(all included as additional insureds), broad form property
damage, coverage against explosions, collapse, and underground
damages where applicable, and blanket contractual liability.
Each coverage shall have personal injury limits of not less than
$1,000,000 for each person, for each occurrence and aggregate,
and property damage limits of not less than $1,000,000 for each
occurrence and aggregate.
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(c) Comprehensive Automobile Liability: comprehensive automobile
liability insurance covering the use of all owned, non -owned,
and hired automobiles with minimum limits of Bodily Injury
Liability of $1,000,000 per person and $1,000,000 per occurrence.
(d) Professional Liability: professional liability insurance for
claims arising out of performance of professional services caused
by any negligent error, omission, or act for which the insured
is legally liable in an amount of at least $1,250,000.
CM shall not begin the services to be performed hereunder until such
certificates or other evidence have been furnished to the CITY.
9.2 Indemnitv
9.2.1 The CM agrees to defend, indemnify, and hold harmless the CITY, its
officers, employees and agents, from and against any liability of
claim of damages asserted by third parties and arising solely out of
the negligent acts, errors, or omissions of the CM, its employees or
agents in performance of services required herein. The parties agree,
CM's total liability hereunder shall not exceed the amount of CM's
fee for Basic Services.
9.2.2 The CITY agrees to defend, indemnify and hold harmless the CM from and
against any liability or claim of damages asserted by third parties
and arising solely out of the negligent acts, errors or omissions of
the CITY, its agents or employees.
9.3 Waiver of Subro ag tion
The CM and the CITY hereby mutually agree to waive any rights which
each may have against the other with respect to subrogation under
any policy of insurance relating to the services or work provided
under this Agreement.
ARTICLE 10
TERMINATION AND SUSPENSION
10.1 Termination
10.1.1 This AGREEMENT may be terminated by the CITY for convenience after
Twenty (20) days written notice to the CM.
10.1.2 In the event of termination under Article 10.1.1, the CM shall be paid
its compensation for Construction Management Services Performed to
the date of termination and for the services for professional consult-
ants then due.
10.2 Suspension
10.2.1 The CITY may order the CM in writing to suspend, delay, or interrupt
all or any part of the Construction Management Services for the
Project for the convenience of the CITY, or for Work stoppage beyond
the control of the CITY or the CM. In the event Construction Manage-
ment Services for the Project are suspended or otherwise delayed,
the CITY will reimburse the CM for all of the costs of its full
construction site and assigned project home office staff as provided
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for by this AGREEMENT for the first thirty (30) days of such delay.
The CM shall reduce the size of such staff for the remainder of the
delay period as directed by the CITY; and, during such period, the
CITY shall reimburse the CM for all of the costs of its reduced staff.
Upon cessation of the delay, the CM shall restore the construction
site and home office staff to its former size. Persons assigned to
another project during such period and not available to return to
the Project upon cessation of the delay shall be replaced by new
persons. The CITY will reimburse the CM for costs incurred in relo-
cating previous staff persons returning to the Project or new persons
assigned to the Project.
10.2.2 If the performance of all or any part of the Services for the Project
is suspended, delayed, or interrupted beyond 30 days, an upward
adjustment in the CM's compc.iisation shall be made for the increase,
in any, in the cost of the CM's performance of the AGREEMENT caused
by such suspension delay, or interruption, and this AGREEMENT shall
be modified in writing accordingly.
10.2.3 If the Project is resumed after being suspended for more than six (6)
months, the CM shall have the option of requiring that its compensa-
tion, including rates or fees or both, be renegotiated. Subject to
the provisions of the AGREEMENT relating to termination, a delay or
suspension of the Project does not terminate or void this AGREEMENT.
ARTICLE 11
MISCELLANEOUS PROVISIONS
Confidentially
The CM shall not disclose or permit the disclosure of any confidential
information except to its agents, employees, or other consultants
who need such confidential information in order to properly perform
their duties relative to this AGREEMENT.
11.2 Successors and Assignments
11.2.1 The CITY and the CM each is hereby bound, and the successors, ex-
ecutors, administrators, legal representatives of each, and (to the
extent permitted by Paragraph 11.2.2) the assigns of the CITY and
the CM, are hereby bound to the other part to this AGREEMENT, and to
the successors, executors, administrators, and legal representatives
of such other party, in respect of all covenants, agreements, and
obligations contained in this AGREEMENT.
11.2.2 Neither the CITY nor the CM shall assign or transfer its interest
in this AGREEMENT without the written consent of the other, except
that the CM may assign accounts receivable to a commercial bank(s)
for securing loans without approval of the CITY. However, the CM
may employ such consultants, associates, or subcontractors as the CM
may deem appropriate to assist in the performance of services here-
under, subject to the CITY's approval, which will not be unreasonably
withheld.
11.3 Governing Law
This AGREEMENT shall be governed by the law of the State of Iowa.
1.4 Extent of Apreement
This AGREEMENT represents the entire and integrated agreement between
the CITY and the CM and supersedes all prior negotiations, represen-
tatives or agreements, either written or oral. This AGREEMENT may
be amended only by written instrument signed by both the CITY and
the CM. Nothing contained in this AGREEMENT, nor the performance of
the parties hereunder is intended to benefit, nor shall inure to the
benefit of, any third party; and contractors and Design Professional
are not intended third party beneficiaries under this AGREEMENT.
11.5 Severability
If any one or more of the provisions contained in this AGREEMENT,
for any reason, are held to be invalid, illegal, or unenforceable
in any respect, such invalidity, illegality or unenforceability shall
not affectany other provision hereof and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision
had never been contained herein.
11.6 When reference is made to the CITY, CM, Design Professional, represen-
tatives, or agents, the singular shall include the plural.
i
I ARTICLE 12
ADDITIONAL CONDITIONS
I12.1 All documents including Drawings and Specifications furnished by the
CM pursuant to this AGREEMENT are instruments if its services in
respect of the Project. They are not intended or presented to be
suitable for reuse by the CITY or others on extensions of the Project
or on any other Project. Any reuse without specific written verifi-
cation or adaption by the CM will be at the CITY's expense and without
liability or legal exposure to the CM, and the CITY shall indemnify
and hold harmless the CM from all claims, damages, losses, and ex-
penses including attorney's fees arising out of or resulting there-
from. Any such verification or adaptation will entitle the CM to
further compensation at rates to be agreed upon by the CITY and the
CM.
12.2 Since CH has no control over the cost of labormaterials, or equip-
ment, or over Contractor(s)' methods of determining prices, or over
competitive bidding or market conditions, his estimates of Project
Cost and Construction Cost provided for herein are to be made on the
basis of his experience and qualifications and represent his best
Judgment as a professional experienced and qualified in project
management and familiar with the construction industry, but CM cannot
and does not guarantee that proposals, bids, or the actual Project
and Construction Cost will not vary from estimates of cost prepared
by him.
W
r
This AGREEMENT executed the day and year first above written, in duplicate
originals.
CITY
CITY OF IOWA CITY, IOWA
By:
ohn McDonald, Mayor
Attest: 4MY. miler
ar n K. Karr, City Clerk
State of Iowa )
) SS:
Johnson County )
CONSTRUCTION MANAGER (CM)
STANLEY CONSULTANTS, INC.
By:
G. G. Thomopulo , President
Attest:
H. Andrew Schill, Assist
Secretary
On this 1st day of June , 19 88, before me, a Notary Public in and for
the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me
personally known, and, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the
seal affixed to the foregoing instrument is the corporate seal of the corpora-
tion, and that the instrument was signed and sealed on behalf of the corpora-
tion, by authority of its City Council
lstasda contaof ined Oin Resolution
ne 19 Nand8th t
adopted the City Council on the acknowledged the execution of the
John McDonald and Marian K Karr g
instrument to be their voluntary act and de
ad and the voluntary
/act
�and deed
of the corporation, by its voluntary exec
Public
State of Iowa )
) SS:
County of Muscatine )
On this day, of , 19 , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared
and to me personally known, who, being by me duly sworn,
did say that they are the and
respectively, of the corporate executing the foregoing instrument; that (no
seal has been procured by) (the seal affixed thereto is the seal of) the corpor-
ation; that the instrument was signed (and sealed) on behalf of the corporation
by authority of its Board of Directors; that
to acknowledged the execution ofbthe
instrument
arilybhe
---- --
voluntary act and deed of the corporation, by Y
exe-
cuted. them
aSTANLEY CONSULTANTS
RESIDENT
MANAGER
Lee Koch
CONSTRUCTION ENGINEER
Paul Pelini
CONSTRUCTION ENGINEER
Suhconsuhant
CONSTRUCTION INSPECTOR
Dave Kreye
START-UP
ENGINEER
T er
Jack Fink
Jerry Verwers
SECRETARY
Exhibit A
CITY OF IOWA CITY
PROJECT MANAGER
Lee Koch
OFFICE
DESIGN SUPPORT
Pat Mullin
ENVIRONMENTAL
Pat Mullin
Jack Fink
STRUCTURAL
Wayne Tyner
ELECTRICAL
Jerry Veneers
INSTRUMENTAL
Steve Tripmacker
MECHANICAL
John Auslgen
ARCHITECTURAL
Jim Kemper
Project Team
T ADMINI'.
Herb Ohrl
CONSULTANTS
Chuck sgn
Tom O•Rourke - Construction
OFFICE
CONSTRUCTION
MANAGEMENT SERVICES
Jim Hollalz
COST ESTIMATING
Doug Drake
.CONTRACT ADMINISTRATO3
Lee Miller
• EXPEDITING
Jim Hansen
Exhibit b
Stanley Consultants will invoice a
based on contractor progress according
percentage of the lump
to
sum (LS) amount
the following table.
Percent
ContractorIS
Percent of
Amount
Percent
Percent of
_Complete
milled
Contractor
IS Amount
.
_ Complete
billed
1
2
2
5
51
52
y,: > 3
8
52
53
4
5
11
53
54
53
6
15
55
54
55
7
17
56
55
8
18
57
9
19
58
59
57
10
57
11
21
22
58
12
23
6�
59
j 13
14
24
62
63
59
15
25
26
64
59
60
16
17
27
65
66
60
18
I
28
67
61
j
_ 19
20
30
68
69
62
i
22
31
71
63
63
31
23
72
64
24
25
33
73
74
65
26
34
35
75
66
67
27
35
76
68
28
36
77
68
29
30
37
78
79
69
31
39
80
69
70
32
39
81
71
33
40
82
73
34
41
83
74
35
36
42
84
85
75
76
37
43
44
86
77
38
44
78
39
45
88
79
40
41
45
89
90
80
81
_ 43
46
91
83
44
47
92
93
85
88
45
48
48
94
90
46
47
49
95
96
91
93
48
49
97
95
49
50
510
98
99
97
99
52
100
100
Exhibit c
STANLEY CONSULTANTS
Hourly Fees and Charges
Fiscal Year 1988.89
1. Compensation for office -based personnel located in the contiguous United Stales for time used in the performance of
the work shell be in accordance with the following Hourly Fees:
i.W
Classification Hourly Fee Classification Hourly Fee
SC -1 17.65 SC -7 45.45
SC -2 20.70 SC -6 52.70
SC -3 23.40 SC -9 61.45
SC -4 27.70 SC -10 69.20
SC -5 32.95 SC -11 77.90
SC -6 36.00 SC -12 100.60
Travel time In the Interest of the work and away from the assigned office, either local or Intercity. will be charged In
accordance with the foregoing schedule When traveling by public carrier. the maximum charge will be eight hours per
i day.
11. Compensation for Items of expense and other Charges Incurred in connection with the performance of the work shall
be In accordance with the following schedule.
Automobile f 0.25/mile Ground Tiansponation (rental car, taxi, etc.) At Cost Plus 104
Automobile Assigned to Air Travel (commercial and charter( At Cost Plus 104
Project Site 612 00/cal day Living Expenses (away from assigned office) At Cost Plus 104
Four -Wheel Drive Vehicles 5 0.35/mile Telephone and Telegraph At Cost Plus 104
Four -Wheel Drive Vehicles Eoulpment Rental At Cost Plus ID%
Assigned to Project Site 1116.00/cal, day Laboratory Work At Cost Plus 10%
Computerized Specification Soils Testing and Analysis At Cost Plus 104
System S 7.50/unit Outside Photographic Work At Cost Plus 104
Computer-Amea Drafting Duplicating Work (schedule supplied upon re0uest)
and Design $45.001hour Technical Testing and Surveying Eoulpment
Typewriter -Aided Lettering 6 6.50/unit (schedule supplied upon request)
Phototypography 11 6.50/unit Standard Drawings and Guide Specifications
Design Computer Workstation $15.00/hour (schedule supplied upon request)
Word Processing Workstation S 5 00/hour
III Compensation for purchases. Items of expense. and other charges not scheduled above. incurred in connection with
the performance Of Ine work, shall be at cost plus 104
I
I
IV Compensation for data processing system use shall be at the applicable unit cost Compensation for use o/proprietary
computer programs Shan be as a surcharge rale applied IO the data processing system charges Compensation lot
outside computer system services shall be at net cost plus a surcharge rale to cover data communication costs
Compensation for programming. data entry and consultation shall be in accordance with Article I above. (Schedule
SUDPIiea upon request.)
V Charges are subject 10 revision on or after April 2, 1989.
Form C 88.89
1.5 Relationship of the CM to Other Project Participants
In providing Construction Management Services described in this
AGREEMENT, the CM shall use its best efforts to maintain a good
working relationship with the Contractor and Design Professional o
behalf of the CITY. However, nothing in this AGREEMENT shall be/
construed to mean that the CM assumes any of the contractual r pon-
sibilities or duties of the Contractor or Design Professiona .
e Contractor is solely responsible for construction mean methods,
se encing and procedures used in the construction of th roject
and r the safety of personnel and its operations. T Design Pro-
fessio 1 is solely responsible for the Project desi and shall per-
. form in ccordance with the Design Professional's reement with the
CITY. C acknowledges that it has reviewed the C 's Agreements
with the D ign Professional and the Contractor and that it is
- familiar wi the duties and obligations of a ch under their respec-
tive contract .
ARTICLE 2
! THE PROJECT SCOPE
2.1 The work for the NoY
ess Flow nd Wastewater Treatment Facili-
ties, (herein referas the ork") consists of construction of
influent pump statiated rit tanks, clarifiers, rapid sand
filters, sludge pumon, isinfection facilities, flow equaliza-
tion basins, and apn work in the City of Iowa City, Iowa,
all as more particuicated, shown or described in the Draw-
ings, Specificationther Contract Documents. The location,
general characterisprincipal details of the Work are indi.
cated on a set of 11l & Eddy, Inc., drawings, titled "North
Excess Flow and WastTre tment Facilities", dated March, 1988.
2.2 The work for the uth Wastewate Treatment Facilities, (herein
referred to as t e "Work"), consi is of construction of influent
/ne
station, arifiers, aeration tanks, sludge pump station, belt
r press ilding, anaerobic di esters, digestion facilities,
fectio facilities, flow equals ation basins, and appurtenant
in Jo son County, Iowa, all as ore particularly indicated,
or ascribed in the Drawings, Sp cificntions, and other Con -
Do uments, dated March, 1988. Th location, general charac-
t s, and principal details of the ork are indicated on a set
M&E drawings, titled "South Wastew ter Treatment Facilities".
2.3nowledges that it has reviewed the fo egoing and is familiar
he scope of the project. The construc ion of the work and
ties outlined in Sections 2.1 and 2.2 c nstitutes the "project"
"entire project", and shall hereafter b referred to as such.
ARTICLE 3
BASIC SERVICES DURING CONSTRUCTION PHASE
3.1 The Construction Phase will commence with the award of the initial
Construction Contract and will end 30 days after final payment to the
Contractor. During the Construction Phase and for the period provided
. 6
RESOLUTION NO. 88-117
RESOLUTION TO ISSUE CIGARE'TT'E PER,NITS
WHEREAS, the following firms and persons have made application
and paid the mulct tax required by law for the sale of cigarettes and
cigarette papers; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the
applications be granted and the City Clerk be and he/she is hereby
directed to issue a permit to the following named persons and firms to
sell cigarette papers and cigarettes:
The Airliner, 22 S. Clinton St.
i
I 1
I l
It was moved by Ambrisco and'seconded by �'ckson
that the Resolution as rea e a opte , and upon roll coal ter' a were;
I i
AYES: NAYS: ABSENT:
Ambrisco %
Courtney X
Dickson X
i Horowitz
X
Larson
—x
McDonald X
Strait
X
Passed and approved this 1st day of June
19 88
yor
Attest:i��Y�/AA
(,ity�Clerk
i
_....... _ 799