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HomeMy WebLinkAboutRes.2829.07-21-2014BILL NO. 14-111 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MARKEY AND ASSOCIATES, INC., FOR PROFESSIONAL DESIGN SERVICES FOR CAPE SPLASH WATER PARK, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Markey and Associates, Inc., for professional design services for Cape Splash Water Park, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS 3 �DAY OF �k�V-, 2014. ry E.'Rediger, Mayor ATTEST: Gaytfi L. Conrad City Clerk CITY Of CAPE GIRARDEAU PARKS & RECREATION DEPARTMENT CONTRACT For Professional Design Services for Capital Improvements to the Cape Splash Aquatic Facility CONSULTANT NAME: Markev and Associates. Inc. THIS CONTRACT is between City of Cape Girardeau, Missouri, hereinafter referred to as the "City", and Markey and Associates, Inc., hereinafter referred to as the "Consultant"_ INASMUCH as funds have been made available by the City, the City intends to complete the referenced project and requires professional engineering services. The Consultant will provide the City with any and all professional services hereinafter detailed for the planning, design and construction phase services for the desired improvements, and the City will pay the Consultant as provided in this contract. Itis mutually agreed as follows: ARTICLE I - SCOPE OF SERVICES A. DESIGN PHASE - The Consultant will: I. determine the needs of the City for the project (This has been completed as separately authorized and paid). 2. conduct topographic, property and utility surveys sufficient to develop plans for the project (This has been completed as separately authorized and paid). 3. arrange for subsurface investigations if needed (Assumption is that previously completed Geotechnical studies will most likely suffice); 4. review previously completed alternative designs and cost estimates, develop preliminary plans, and recommend to the City the best overall general design; 5. submit appropriate copies of preliminary conceptual plans, estimates and/or studies for review by the City; 6. prepare detailed construction plans, cost estimates, specifications and related documents Lis necessary for the purpose of soliciting bids for constructing the project. 7. ensure compliance with water quality requirements by coordinating with the Missouri Department of Natural Resources and the U.S. Army Corps of Engineers and also ensure compliance with the requirements of the Federal Emergency Management Agency (FEMA); - I - R""iti�a 4 -2s -t4 S. ensure compliance with historic preservation requirements through coordination with the Missouri Department of Natural Resources, and if deemed necessary, arrange to have the site examined by a qualified archaeologist on a subcontract basis; 9. ensure compliance with all regulations in regards to noise abatement and air quality, if necessary; and 10. after making final corrections resulting from reviews by agencies involved, provide the City with the appropriate sets of completed plans, specifications, studies and/or cost estimates for the purpose of obtaining construction authorization from the City. B. BIDDING PHASE - The Consultant will if requested by the City: assist the City in preparing, advertising and evaluating bid documents. 2. Bids Exceedin>s Cost Estimate: If all bids exceed Consultant's Estimate, the Consultant shall, at the request of City and for no additional cost, prepare a report for City identifying why all the bids exceed the estimate. The City has four (4) options if all bids exceed Consultant's Estimate. The City may: (1) give written approval of an increase in the Project cost; (2) authorize rebidding of the Project, (3) terminate the Project and this Agreement, or (4) cooperate in revising the Project scope, plans, or specifications, or all as necessary to reduce the construction cost. in the case of (4), Consultant, without additional charge to City, shall consult with City and shall revise and modify the scope, plans, or specifications as necessary to achieve compliance with the "Consultant's Estimate". C. CONSTRUCTION PHASE — The Consultant will serve as the City's representative for administering the terms of the construction contract between City and their Contractor. Consultant will endeavor to protect the City against defects and deficiencies in workmanship and materials in work by the Contractor. However, the furnishing of such project representation will not make Consultant responsible for the construction methods and procedures used by the Contractor or for the Contractor's failure to perform work in accordance with the contract documents. Consultant's services will include more specifically as follows if needed: assist the City with a preconstruction conference to discuss project details with the Contractor; 2. make periodic site visits to observe the Contractor's progress and quality of work, and to determine if the work conforms to the contract documents. The Consultant will accompany City representatives on visits of the project site as requested; 3. check shop drawings and review schedules and drawings submitted by the Contractor; 4. reject work not conforming to the project documents; — 2 - Revised 428-14 5. prepare change orders for issuance by the City as necessary and assure that proper approvals are made prior to work being performed; 6. review wage rates, postings, equal employment opportunity and other related items called for in the contract documents; 7. inspect materials, review material certifications furnished by Contractor, sample concrete and other materials as required, and arrange for laboratory testing of samples by others on a subcontract basis. Independent assurance samples and tests will be performed by City personnel and such sampling and testing is excluded from the work to be performed by the Consultant under this contract; Testing and sampling shall be specified to be performed by the Contractor. S. maintain progress diary and other project records, measure and document quantities (ff there are any unit -priced -items in the Construction Contract), and review monthly estimates for payments due the Contractor; 9. be present, if specifically requested by the City, during critical construction operations, including but not limited to the following: a. structure layout; b. excavation and hackfillina; C. driving of piles. d. checking of reinforcing steel prior to concrete placement; e. concrete batching and pouring; f. placement oP girders; and g. placement of surfacing materials; and 10. participate in final inspection, provide the City with project documentation (diaries, test results, certifications, etc.), and provide as -built plans for the City's records. ARTICLE II -ADDITIONAL SERVICES The City reserves the right to request additional work; changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed and submitted for the approval of City prior to performing the additional or changed work or incurring any additional cost thereof. Any change in compensation will be covered in the supplement. ARTICLE III - RESPONSIBILITIES OF CITY The City will cooperate fully with the Consultant in the development of the project, including the following: A. make available all information pertaining to the project which may be in the possession of the City; B. provide the Consultant with the City's requirements for the project, such as budget revisions and review comments; 3- Revised a -M -in C. make provisions for the Consultanl to enter upon property al the project site for the performance of his duties; D. examine all studies and layouts developed by the Consultant and render decisions thereon in a prompt manner so as not to delay the Consultant; E. designate a City's employee to act as City's representative under this contract, such person shall have authority to transmit instructions, interpret the City's policies and render decisions with respect to matters covered by this agreement; F. perform appraisals and appraisal review, negotiate with property owners and otherwise provide all services in connection with acquiring all right-of-way and easements needed to construct this project. ARTICLE IV - PERIOD OF SERVICE 'file Consultant will commence work within two weeks after receiving signed notice to proceed from the City. The phases of work shall be completed in accordance with Attachment E. The times are exclusive of review time by other agencies and exclusive of time needed to acquire right-of-way. The City will grant time extensions for unavoidable delays beyond the control of the Consultant. Requests for extensions of time should be requested in writing by the Consultant, stating fully the reasons for the request. ARTICLE V - STANDARDS The Consultant shall be responsible for working with the City in determining the appropriate design parameters and construction specifications for the project using good Engineering judgment based on the specific site conditions and City needs. ARTICLE VI - COMPENSATION For services provided under this contract, the City will compensate the Consultant as indicated in Attachment E, based on agreed Lump Sum fee. If Additional Services are requested by the City, The Consultant will provide a proposed lump sum fee or use agreed Charge Out Rates as follows: Charge Out rates shall include all direct payroll, general and administrative overhead, specialized equipment costs, payroll taxes, holiday and vacation pay, sick leave pay, insurance benefits, retirement and incentive pay. 2. additional work incurred by others on a subcontract basis, said costs are to be passed through the Consultant on the basis of reasonable and actual cost as invoiced by the subcontractors, Only if required and approved by the City. - 4 - Revised 4-23-14 METHOD Oli' PAYMENT — Partial payments will be made to the Consultant for work satis- factorily completed upon receipt of itemised invoices by the City. Invoices will be submitted monthly. Invoices submitted on or before the 20th day of any month shall become due and payable on the IOth day of the following month. 2. City's Riaht to Withhold Payment. In the event City becomes informed that any representations of Consultant provided in its monthly billing, are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Consultant until the inaccuracy and the cause thereof, is corrected to City's reasonable satisfaction. Consultant shall correct or revise any errors or deficiencies in its designs, drawings or specifications without additional compensation when due solely to Consultant's negligent acts, en -ors, Or Omissions. PROPERTY ACCOUNTABILITY - If it becomes necessary to acquire any specialized equipment for the performance of this contract, appropriate credit will be given for any residual value of said equipment after completion of usage of the equipment. ARTICLE VII - COVENANT AGAINST CONTINGENT FEES The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or in its discretion to deduct fi-om the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. ARTICLE VHI - SUBLETTING, ASSIGNMENT OR TRANSFER No portion of the work covered by this contract, the contract itself, or any Task Order, except as provided herein, shall be assigned, sublet or transferred without the written consent of the City. The subletting of the work shall not relieve the Consultant of his primary responsibility for the quality and performance of the work. The Consultant may engage subcontractors for the purposes of: foundation borings and tests, abstracts of title, archaeological studies and environmental studies, if required and approved by the City. ARTICLE IX - PROFESSIONAL ENDORSEMENT All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect the name and seal of the Professional Engineer endorsing the work. By signing and scaling the PS&E submittals the Engineer of Record will be representing to the City that the design is meeting the intent of the program. Any review or approval by City of any documents prepared by the Consultant and/or its consultants including but not limited to the plans and specifications, shall be - S - Revised 4-28-14 solely for the propose of dctcrIII ill ing whether such documents are consistent with City's construction program and intent and shall not be construed as approval of same by City. No review of such documents shall relieve Consultant of its responsibility for the accuracy, adequacy, fitness, suitability and coordination of its work product. Consultant shall assign only qualified personnel to perform any service concerning the Project. At the time of execution of the Task Order, the parties will agree on the Project Manager for the Task. This person shall be the primary contact with the City's Project Manager and shall have authority to bind Consultant. ARTICLE X - RETENTION OF RECORDS The Consultant shall maintain all records, survey notes, design documents, cost and accounting records, construction records and other records pertaining to this contract and to the pro,jecl covered by this contract, for a period of not less than three years following final payment by City. Said records shall be made available for inspection by authorized representatives of the City during regular working hours at the Consultant's place of business. ARTICLE XI - OWNERSHIP OP' DOCUMENTS Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become the property of the City upon termination or completion of work. Basic survey notes, design computations and other data prepared under this contract shall be made available to the City upon request. All such information produced under this contract shall be available for use by the City without restriction or limitation on its use. If the City incorporates any portion of the work into a project other than that for which it was performed, the City shall save the Consultant harmless from any claims and liabilities resulting from such use. ARTICLE XII - TERMINATION The City may terminate the contract at any time by giving written notice. If the contract is terminated because the project is abandoned or postponed by the City, the Consultant will be paid for actual time and covered expenses incurred up to the date of termination, plus a pro -rated portion of any fixed fee. If the contract is terminated due to the Consultant's services being unsatisfactory in the judgment of the City, or if the Consultant fails to prosecute the work with due diligence, the City may procure completion of the work in such manner as it deems to be in the best interest of the City. A Notice of Termination will be sent to the Consultant and the Consultant shall have a period of ten (10) days to remedy the cause for termination. The Consultant will be responsible for any excess cost in addition to that provided for in this contract or any damages the City may sustain by reason of the termination of this contract due to unsatisfactory performances or prosecution. When Consultant services have been so terminated, such termination shall not affect any rights or remedies of the City against Consultant then existing or which may later accrue. Similarly, any retention or payment of monies due the Consultant shall not release the Consultant from liability. ARTICLE XIII - DECISIONS UNDER THIS CONTRACT - 6 - Revised 4-28-14 The City will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The City's decision shall be final and conclusive. ARTICLE XIV - SUCCESSORS AND ASSIGNS Subject to the restrictions on assignments in Article VIII above, the City and the Consultant agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the pat Lies hereto and their successors and assigns. ARTICLE XV - COMPLIANCE WITH LAWS The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. Consultant shall further comply with the following state law requirements (to the extent applicable in light of the Consultant's place of business not being located in Missouri): Work Authorization Program. If the Contract is for services expected to cost more than $5,000.00, the Consultant shall comply with Section 285.530 RSMo., pertaining to enrollment and participation in a federal work authorization program (as defined therein) and shall provide verification through an affidavit (attached as Attachment C) that the Consultant (1) does not knowingly employ any person who is an unauthorized alien in connection with the Contract and (2) is enrolled in a federal work authorization program and provide documentary proof thereof. The affidavit shall contain the notarized signature of the registered agent, legal representative or corporate officer of the Consultant including but not limited to the human resources director or their equivalent. Proof of Lawfid Presence. Section 208.009 RSMo., requires that all applicants at the time of application for any contract provided by a local government provide "affirmative proof that the applicant is a citizen or a permanent resident of the United States or is lawfully present in the United States." Consultant's affirmative proof must be established through (i) a Missouri driver's license, (ii) any "documentary evidence recognized by the department of revenue when processing an application for a driver's license," or (iii) "any document issued by the federal government that confirms an alien's lawful presence in the United States." §208.009.3 ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the City from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors. The City shall he entitled to recover its actual attorneys' fees from Consultant for the City's enforcement of this Agreement. ARTICLE XVII — INSURANCE The Consultant shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance in full force and effect to protect the Consultant from claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for damages to property arising from the negligent acts, errors, or omissions of the Consultant - Revieed4-28-14 and its employees, agents and SubeonSnitamS in the pciformance of the services covered by this Agreement, including, without limitation, risks insured against in commercial general liability policies. The Consultant shall also maintain professional liability insurance to protect the Consultant against the negligent acts, errors, or omissions, of the Consultant and those for whom it is legally responsible, arising out of the performance of professional services under this Agreement. The Consultant's insurance coverages and limits shall be as indicated in Attachment D -I and D-2. If additional coverages and limits are required and if they are available, the Consultant's compensation will be increased to cover those costs for the duration of the project. Worker's Compensation shall be according to state minimum requirements in the location of the consultant. The Consultant's general business liability policy shall name the City as an additional insured. Certificates evidencing such insurance shall be furnished the City prior to Consultant commencing the work on this project. The Consultant shall, upon request at any time, provide the City with certificates of insurance evidencing the Consultant's commercial general or professional liability policies and evidencing that they and all other required insurance is in effect, as to the services under this Contract - Any insurance policy required as specified in this Article shall be written by a company that is incorporated in the United States of America or is based in the United States of America. ARTICLE XVIII — FINDINGS CONFIDENTIAL To the fullest extent permitted by law, all reports, information, data, etc. prepared or assembled by the Consultant under this contract are confidential, and the Consultant agrees they shall not be made available to any individual or organization without the prior written approval of the City. ARTICLE XIX - NONDISCRIMINATION The Consultant, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of 1964, as amended. More specifically, the Consultant will comply with the regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation, as contained in 49 CFR 21 through Appendix I -I and 23 CFR 710.405 which are herein incorporated by reference, and made a pail of this contract. In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Consultant's obligations under this contract and the regulations relative to non-discrimination on the ground of color, race or national origin. ARTICLE XIX — PERIOD OF SERVICE This contract shall remain in effect for two years unless extended by mutual agreement. - 8 - Rcvisai 4-28-14 ARTICLE XX - ATTACHMENTS The following exhibits are attached hereto and are hereby made part of this contract: Attachment A — Charge out rates for 2014 and 2015 Attachment B — Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions Attachment C — Affidavit of Participation in Federal Work Authorization Program Attachment D-1 and D-2 - Consultant's Certificates of Insurance Attachment E - Project Scope and Lump Sum Fee Attachment F - Masterplan of Proposed Improvements Executed by the Consultant this F�� y of , 20)/ Executed by the City this day of TuiLL , 201J FOR: CITY OF ATTEST: City Manager, Scott Clerk MARKEY A CIATES, Inc. BY: David N. Markey, Yom, President .9- Revised 4-28-14 Principal $ 130 Senior Professional $ 100 Professional $ 90 Designer $ 70 Technician $ 60 Clerical $ 40 ATTACIMIENT A Break Out Rates For Year 2014 & 2015 - 10 - Revieul4-23-14 ATTACHMENT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and 'voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transaction" provided by the department or - I I - Revised 4-25-14 agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not deban-ed, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the Nonprocurement List at the Excluded Parties List System. https://www.epl s. gov/epl s/search. do?page=A &status=CUTTeti t&agency=69#A. 9. Nothing contained in the foregoing shall be consulted to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudcntperson in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fi-aud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. -12- Revised 4-28-14 ATTACHMENT C AFFIDAVIT OF PARTICIPATION IN FEDERAL WORK AUTHORIZATION PROGRAM Comes now David N. Markey as President first being duly sworn, on my oath, (name) (office held) affirm Markey and Associates. Inc. ("Consultant") is enrolled and will continue to participate in a (mmpanyname) federal work authorization program in respect to employees that will work in connection with the contracted services related to 2014 Expansion of Cape Splash and any incidental items (describe project) associated with this work for the duration of the contract, if awarded, in accordance with Section 285.530.2, Revised Statutes of Missouri. 1 also affirm that the Consultant does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services for the duration of the contract, if awarded. Attached to this affidavit is documentation of the Consultant's participation in a federal work authorization program. The Consultant's E -Verify # is 189880 in AJj4rmation thereof, the facts stated above are true and correct (The undersigned understands that false statements made in this Jiling are subject to the penalties provided under Section 575.040, RSMo). David N Markey Signature (person with �— Printed Name President Title /�/9 � Aprilt8.2014 Date State of Georgia ) ss. Countyof ) Nj /J � Subscribed and sworn to before me this �� day of � (/ 2014. My co ssion exp1rLes; n11`uonna tseavers.- Notary Public; :.- Cobb County, State Of:Gegt My Comm, Exp. 11-20-.16 ^ L .. No6rry Public Revised 4-28-14 Attachment E - Consultant's Scope of Work & Fee F.I. General. E.1.1. This is an attachment to the Agreement between Markey and Associates, Inc. (ARCIBTECT/ENGINEER) and the City of Cape Girardeau. (OWNER/CLIENT) for professional services in connection with the development of improvements to the existing Cape Splash, including a set of speed slides and other improvements, as further described by Attachment F. The Basic Services as described in the Agreement are amended and supplemented as indicated below and the time periods for the performance of certain services are stipulated. "Days" shall mean calendar days. The tentative project schedule is shown at the end of this Attachment The project budget for Phase -1 only that includes the new speed slide package, including all construction and non -construction costs, but excluding land costs and the consultant's fees, is assumed to be between $750.000 and $1-306.000. The design of Phase -2 (improvements to the interior of grounds of the existing Lazy River), while not to be included in the construction scope at this time and being estimated at approximately $250,000, will be proposed, but will only be included in the design phases if authorized in writing by the City. The A/E fees covered by this Agreement are not specifically tied to the total project budget as any percent or proportion, but may be the basis for a claim for additional fees should the scope substantially change. E.1.1 The scope and fee are presented assuming a conventional Design -Bid -Build project delivery approach, although direct purchase of the slide package is a possibility. E.1.3. Any re -use of the design details that are covered by this agreement for other projects and other sites is prohibited unless such use has been authorized in writing by the A/F_ based on a case-by-case negotiated agreement for such use and additional design input by the A/E. E.1.4. The Architect/Engincer shall, in addition to preparing engineering design documents as described herein, provide general consulting input concerning the needs and intent of the project. However, The A/E's scope of work includes no aspects of the project's financial structure or business plan. E.2 Conceptual Planning Phase. (Schematic Design) E2.1. The consultant shall be assumed to have completed the concept planning stage of the work by virtue of the previous design work and the Master Plan of Improvements that was substantially completed in 2013 by the consultant (See Attachment F). A review between the Owner and the Consultnat of the component details indicated in Attachment F is assumed to be included in these design services. E.3. Design Development Phase E3.1. Upon written approval of the Schematic Design by the Owner, M&A will reline the components and parameters into a coordinated design concept M&A will complete preliminary design drawings and near -final specifications. Estimates will be prepared by M&A and compared with the approved budget for the project: and M&A will work with the Owner to change the Scope or the budget as required to reconcile the budget. E.3.2. The Architect/Engineer will complete Design Development documents, including drawings and specifications. Specifications from CSI Division I through 16 (To the extent they are needed) shall be prepared in near final form. The following description of Drawings generally applies to the work, and will be approximately 60% complete in Design Development: A. Civil/Site Development Drawings: Staking, layout, grading, drainage, and utility plans and details typical of commercial development projects of a comparable scale. The ArchitecUEngineer will handle the immediate pool deck areas (say inside the fence, inclusive) within the "Pool Architecture Drawings." The Architect/Engineer will prepare site drawings as Pool -Civil, "PC", drawings for the immediate site and will include gradin,-, drainage, and connections to nearby utilities. Design of off-site (meaning away from the immnediate project Page E-1 footprint) extension of utilities or storm sewers is not expected and not included in basic services. Subsurface soil remediation design, if needed, is not pan of the ArchitecdEngineer's scope under "Basic Services.- but will be managed by The Architect/Engineer for procurement of geotechnical consultants by the Owner as necessary. If environmental studies or permitting, Corps -of -Engineers permitting, storm water management studies, wetland delineations and/or mitigation, or other off-site issues are encountered, the services the civil engineering firm will be procured by the Owner. An allowance for input to the design by Bowen Engineering is included in the consultants fee. B Structural: Structural Details will be included in respective Civil, Architectural, and Pool Architecture Drawings. Foundation plans for the buildings will be included in the "A" sheets. Certain systems are pre-engineered structures (like the waterslide towers and artificial rock) and will have vendor provided engineering, as specified by the AYE. C. Architectural: Plans, Elevations, Sections and Details of the building aspects of the project, including pavilions and similar. The Architect Sub -Consultant will help the Owner coordinate style, finishes, fixture counts, and other permit and project requirements. D. Building Plumbine and Mechanical: The Plans, Details. Risers, and Schematics of standard building engineering systems shall be included in the T" and "M" sheets of building drawings. M&A will manage engineering sub -consultants for this under this agreement. E. Pool Architecture Drawines: Plan view layouts of all pool components with dimensional and physical descriptive information; Sections; and Details (including structural components). F. Pool Mechanical Drawings: Plan view and sections of pool mechanical components including piping, inlets, drains. gutters and/or skimmers, deck drains (to be plumbed in the Civil Drawings); plan, sections, and details of the pool water treatment systems including filtration, chemical control and feed, pumping, piping, temperature control, and makesup/waste systems. G. Electrical: Pool site power distribution, site lighting connections to building systems, accessories, motor control, pool related power and lighting, risers, and schedules. H. Landscape & Irrieation: Planting plans and details plus performance-based Irrigation plans and design -build specifications, with schedules and details. All other required professional services, if required, would be by others or provided as an Additional Service. E4. Constmcrion Documents Phase EA. 1. Upon receiving written approval of the Design Development documents from the Owner, the Architect/Engineer will complete Construction Documents (Final Design) in accordance with the above format and the approved project schedule. The Construction Documents will be suitable for bidding/negotiation by qualified general contractors and sub -contractors. E.5. Bid or Negotialing Phase E.5.L The Architect/Engineer will administer the Bid Process in conjunction with the Owner's procurement procedures; including distribution of the Bid Documents and responding to pre-bid questions. Unless required otherwise by the City, the design documents and bidding requirements will be distributed from a local printing service, as coordinated and directed by the Consultant with costs offset by the sale of documents to potential bidders. E.5.2. The ArchitecUEngineer will assist the Owner in the evaluation of bids and the review of the qualifications of the apparent low bidder and his sub -contractors. Page E-2 E.53. The Architect/Engineer will make a written recommendation as to the award of the Construction Contract(s). E.5.4. The Architect/Engineer shall have no contractual connections with Owner's Construction Comract(s) unless the continued services of M&A past Design Development is contained in the Contractor's scope. The Architect/EnOncer shall have no management responsibilities over the Owner's Construction Contractors and Sub -Contractors other the review of their compliance with the construction contract documents. F.6. Consintction Phase. E.6.1. The Architect/Engineer will review the Construction Contractor's questions, submittals. pay requests, proposed change orders, and close-out documents. Senior professionals will make periodic visits to the site to observe the construction work. Put -time inspection of the work by an employee or representative of the Owner is assumed, working closely with, but not employed by. The ArchitcafEnDneer. E.62. As stated in Paragraph 6.3.6 of the Agreement, the Architect/Engineer shall exercise professional judgment and wod-faith effort to identify any deficiencies in the construction contactor's work or any third party consultant's work and notify the Owner and other involved parties of such apparent deficiencies. E.6,4. The ArchitecUEngineer shall have no contractual connections with Owner's Construction Contracts) unless the continued services of M&A past Design Development is contained in the Contractor's scope. The Architecl/Engineer shall have no management responsibilities over the Owner's Construction Contractors and Sub -Contractors. E.7. Operational Plmse. E.7.1 The Architect/Engineer will provide assistance during start-up relating to the design intent of the systems. Instructions will be given to the staff as to the peculiarities of the design of the project. The Owner is responsible for hiring or contracting qualified operators for the facility in a timely manner: and the Architect/Engineer is not responsible for training the Owner's operators in basic skills for this type of facility. Manufacturer's data and manuals, as provided by the contractor, will be compiled, reviewed for completeness, and presented to the OWNER. As stated in the Agreement, the AmchiteeUEngineer will provide an inspection at Substantial Completion and one at final completion. Extended training of the operating staff, protracted re - inspections, or assistance to the Owner with unresolved claims by or against the contractor and obtaining warranty work may be provided as an Additional Service. E.7.2 The Contractor shall be required to keep a set of as -built mark-ups at the site and to provide the Owncr with a cleaned -up set at completion of the work. The Architect/Engincer has included a line -item in the fee for re -drafting of the Contractor's changes for `Record Drawings" as required in the City's standard contract. E8 Fee Basis E.S.I. M&A will perform Basic Services for a conventional design -bid -build project delivery system for the above-described work for the Lump Sum Fee for Phase -I only of $73,000.00. The design of Phase -2, if authorized in writing, will be completed for an additional $5.000. This proposed design add-altemate fee is applicable only if authorized within 30 -days of the authorization of Phase 1 design services. The fee for Phase - I includes a charge for each man -trip to the site at the unit price of $1,250. 10 man -trips are assumed as listed below on the schedule. Of the totals given above, an allowance $5,000 is included for re -drafting as-builts. All other normal expenses are included in the Lump Sum amount. The Owner is assumed to handle (or pay for) bulk printing of documents for the contractors' use, the Owners use, and for permits (or other requirements of the local jurisdiction or financial institutions). E.8.2. The fee will be billed in monthly progress invoices as follows (Based on the current assumed schedule): Phase -1 Onlv Phase -2 Add Design Development-50%Design (includes 1 trip) S 22,000 $ 2.000 Completed and invoiced 60 days from authorization Page E-3 Construction Documents - 100% Design (includes I trip) $ 21,000 $ 3,000 Completed and invoiced 60 days from authorization Bid & Negotiation (includes 1 trip) $ 5,000 Completed and invoiced 45 days from authorization Construction & Operations (includes 7 trips) S 25,000 Invoiced monthly for 10 months E.8.3. The fee will be billed in monthly progress invoices and will be paid promptly (30 -days maximum). E.8.4. The fee for each of the described phases of the work is included in the above Lump Sum Basic Services fee, and no retainage of any sort will be withheld from M&A's fees. E.9. Additionul Services of Engineer. E.9.1. Additional Services will be billed at an agreed lump sum or at the Charge -out -rates given in attachment A. plus reimbursable expenses at cost: E.10. Reimbin-sable E.vpenses. E.10.1. Normal reimbursable expenses have been included in the Lump Sum Fee shown above. The Owner may also incur additional costs relating to permit fees, mass printing costs, services or fees relating to permitting requirements, and for printing and handling costs for the construction bid process. Buih-in to M&A's lump sum fee are travel and subsistence, telephone, computer time. in-house working prints and entailing of PDF sets at each phase, reasonable courier charges, normal postage, and normal insurance coverage. If highly unusual and unpredicted increases in normal costs occur (such as another doubling of fuel costs). M&A reserves the right to request an equitable adjustment to the Agreement. E.10.2. Reimbursable Expenses for authorized Additional Services will be billed at cost. Additional Sub - Consultants, if any. will be billed at cost plus a 10% fee. E.10.3. The cost of printing of progress review sets, bid and pennit review sets of drawings and specifications, and those needed for the construction contract, will be covered by the Owner directly. The sets will be handled by a mutually agreeable local printing shop. Page E-4 ez;�, Date 5/19/14 By Markey and Associates, Inc.