HomeMy WebLinkAboutRes.2277.05-24-2007BILL NO. 07-94
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE ADDENDUM NO. 5 TO THE GENERAL
ENGINEERING SERVICES AGREEMENT WITH WATERS
ENGINEERING, INC., FOR THE SOUTH RAMSEY LIFT
STATION - SEWER IMPROVEMENT PROGRAM, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE 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
Addendum No. 5 to the General Engineering Services Agreement
with Waters Engineering, Inc., for the South Ramsey Lift Station
- Sewer Improvement Program, in the City of Cape Girardeau,
Missouri. A copy of said Addendum is attached to this
Resolution and made a part hereof.
PASSED TED THIS S± DAY OF MOL tr 201_.
Jay . Knudtson, Mayor
r dd f
ATTEST:Aai
4
Gayf;e3L. Conrad, City Clerk
ADDENDUM NUMBER 5
TO THE GENERAL ENGINEERING SERVICES AGREEMENT
The following items comprise Addendum Number 5 to the General Engineering Services
Agreement by and between the CITY OF CAPE GIRARDEAU, MISSOURI, (the OWNER),
and WATERS ENGINEERING, INC., Sikeston, Missouri, (the ENGINEER); the items
contained herein shall be in addition to the General Agreement dated August 31, 2005, and
shall become a part thereof upon approval by the parties of the General Agreement.
The OWNER and the ENGINEER agree to the following:
I. The Engineer agrees to provide the following engineering services for the Project:
A. DESIGN PERIOD SERVICES. The following scope of work is hereby designated
for the Project.
Engineer shall assist the OWNER in the design engineering of the South Ramsey
Lift Station funded under USEPA Project No. XP -987281-01. Work to be performed
shall include; conducting detailed field surveys; preparing legal descriptions required
for property acquisition; assist in negotiations for property acquisition; assist the
Owner in applying for permits typical in these types of projects; make personal
appearances before review authorities and attend public meetings; prepare final
detailed drawings, technical specifications, construction bidding and contract
documents in to the satisfaction of the Owner and MoDNR/USEPA; and assist the
Owner in procuring prospective bidders.
III. The design period services shall be completed within 90 calendar days following the
authorization to proceed with that phase of services, exclusive of the time required
for review by the Owner or other agencies having authority over the project.
IV. The OWNER agrees to pay the ENGINEER as follows for work as follows:
A. DESIGN PERIOD SERVICES. For Design Period General Services pursuant to this
Addendum under Section I -A of the General Agreement, the Owner will reimburse
the Engineer for time and materials at the hourly rates set forth in Attachment "A"
affixed hereto with the fees not to exceed Thirty Four Thousand Five Hundred
Dollars ($34,500.00)
V. The OWNER and ENGINEER further agree that:
K. SPECIAL PROVISIONS. OWNER and ENGINEER agree that this Agreement is
subject to the following special provisions which pertain solely to the project covered
under this Addendum No. 5 and together with the General Engineering Services
Agreement and all attachments represent the entire Agreement between OWNER
and ENGINEER.
Attachment B: Certifications to Comply with Applicable Federal Laws and
Regulations including Equal Employment Opportunity
Certifications
Page 1 of 8
L. ACCESS TO RECORDS. The Engineer shall provide access for the grantee, the
Environmental Protection Agency, the Comptroller General of the United States, or
any of their duly authorized representatives to any books, documents, papers, and
records of the contractor which are directly pertinent to the contract for the purpose
of making audit, examination, excerpts, and transcriptions.
It witness whereof, the duly authorized representatives of the OWNER and the ENGINEER
have this —144�3day of May, 2007, hereunto subscribed their names.
The Engineer:
WATERS ENGINEERING, INC.
By:
L—
,�,Kh Chittenden, President
Richard Cochran, Jr., Senior Engineer
The Owner: CITY OF CAPE GIRARDEAU, MISSOURI
By:�V 4 4 la /'U
Mr.oug s Les ie, City Manager
,
Ms.Q8VIe Conrad, City Clerk
' t � Mt
� +3
I
Page 2 of 8
ADDENDUM NO. 5
ATTACHMENT A
CHARGE OUT RATES
1. Direct Payroll. The direct payroll basic rates shown are estimated rates and actual
rates to be paid will be those rates actually experienced during the period of
performance of the contract and agreed upon by both parties. The current payroll
rates are as follows:
Hourly
Personnel Rate
Officer of Firm
$50.00
Senior Engineer
42.00
Land Surveyor
18.00
Senior Technician
15.75
Junior Technician
14.70
2. Overhead & Profit. The overhead and profit rate shown are those actual rates
calculated for the previous fiscal year.
Overhead & Profit Rate 1.90
3. Reimbursable Expenses. The OWNER shall pay the ENGINEER the actual cost
of all reimbursable expenses incurred. Reimbursable expenses shall mean the
actual cost for services of special consultants such as soils and materials testing,
special seismic design and photogrammetric consultants; electrical consultants,
expenses of transportation and subsistence of principals, employees and
consultants; expenses of furnishing and maintaining field office facilities; assistants,
and similar PROJECT -related items not covered by the overhead item.
Transportation Expenses shall be charged out at $0.35 per mile.
4. Billing Invoices. The billing invoices shall be calculated using the sum of the direct
payroll, the direct payroll multiplied by the overhead and profit rate, and the actual
costs for all reimbursible expenses.
5. Cost Estimate. The estimated hourly charges and
reimbursable expenses for
engineering services are as follows:
Estimated
Hourly
Personnel
Manhours
Rate
Total
Officer of Firm
32
$50.00
$1,600.00
Senior Engineer
120
$42.00
$5,040.00
Land Surveyor
40
$18.00
$720.00
Senior Technician
120
$15.75
$1,890.00
Junior Technician
80
$14.70
$1,176.00
Total Hourly Charges
$10,426.00
Page 3 of 8
The estimated cost for reimbursable expenses are given below:
Expense
Materials Testing & Suppliers
Subcontracts
Transportation at $0.35 per
mile
TOTAL
Estimated Cost
$4,000.00
$0.00
$245.00
$4,245.00
The estimated engineering design costs are as follows:
Expense
Total Hourly Charges
Overhead & Profit
Reimbursable Expenses
TOTAL
Estimated Cost
$10,426.00
$19,809.40
Page 4 of 8
$4,245.00
$34,480.40
ADDENDUM NO.5
ATTACHMENT B
Compliance with Applicable Federal Laws and Regulations
1. For any contract exceeding $100,000, the Engineer shall comply with all
applicable standards, orders, or requirements issued under Section 306 of
the Clean AirAct (42 U.S.C. 1857(h), Section 508 of the Clean WaterAct (33
U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency
regulations at 40 CFR part 15).
2. The Engineer shall comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan
issued in compliance with the Energy Policy and Conservation Act (Public
Law 94-163, 89 Stat 871).
3. The Engineer shall comply with the Anti -Lobbying Act, Section 319 of Public Law
101-121, and file an Anti -Lobbying Certification form, and the Disclosure of
Lobbying Activities form, if required, to the next tier above.
4. The Engineer shall certify by submittal of EPA Form 5700-49, Certification
Regarding Debarment, Suspension, and Other Responsible Matters, thatto the best
of their knowledge and belief, it and its principals are not presently debarred,
suspended, proposed for debarment, declared ineligible or voluntarily excluded from
covered transactions by any Federal department or agency.
5. The Engineer and any subcontractors shall take the affirmative steps listed at 40
CFR 31.36(e)(2)(i) through (v) in attempting to reach the fair share objectives of
10% subcontracting to minority business enterprises and 5% subcontracting to
women's business enterprises if subcontracts are to be let. The affirmative steps
are listed below:
The grantee and subgrantee will take all necessary affirmative steps to
assure that minority firms, women's business enterprises, and labor surplus
area firms are used when possible.
Affirmative steps shall include:
a. Placing qualified small and minority businesses and women's
business enterprises on solicitation lists;
b. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
C. Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and
minority businesses, and women's business enterprises;
d. Establishing delivery schedules, where the requirement permits,
which encourage participation by small and minority businesses, and
women's business enterprises;
Page 5 of 8
e. Using the services and assistance of the Small Business
Administration and the Minority Business Development Agency of the
Department of Commerce; and
Requiring the prime contractor, if subcontracts are to be let, to take
the affirmative steps listed in paragraphs 2a through 2e of this
section.
Page 6 of 8
CERTIFICATION REGARDING GOVERNMENT -WIDE
RESTRICTION ON LOBBYING
(For contracts, grants, cooperative agreements, and loans over $100,000)
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards (at all tiers, including contracts under grants, loans,
and cooperative agreements, subcontracts, and subgrants) over $100,000, and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction impost by Section 1352, Title 31, U.S.C. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Waters Engineering, eering Inc
Name of Entity (city, county, contractor, etc.)
John Chittenden President
Name of Certifying Official (Mayor, Presiding Commissioner, President, etc.)
04-27-07
Signatur of Certifying Official Date
Page 7 of 8
United States Environmental Protection Agency
Washington, DC 20400
Certification Regarding
Debarment, Suspension, and other Responsibility Matters
The prospective 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 judgement rendered against them for commission of fraud 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 indicated for or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(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.
I understand that a false statement on this certification maybe grounds for rejection of this
proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement
may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both.
John Chittenden, President
Typed Name & Title of Authorized Representative
4-2 7— Zia
Signature of A rized Representative Date
11 I am unable to certify to the above statements. My explanation is attached.
EPA Form 5700-49 (11-88)