HomeMy WebLinkAboutRES.2430.03-02-2009 ADDENDUM TO ENGINEERING SERVICES CONTRACT
FOR DESIGN OF BLOOMFIELD ROAD PHASE IV IMPROVEMENTS
CITY OF CAPE GIRARDEAU, MISSOURI
THIS ADDENDUM TO A EXISTING ENGINEERING SERVICES CONTRACT,
for general engineering services for engineering projects, between the City of
Cape Girardeau, hereinafter referred to as the "City" and Koehler Engineering
and Land Surveying, Inc., hereinafter referred to as the "Engineer".
This addendum shall be for the purposes of obtaining design documents for the
modifications to Bloomfield Road from Stonebridge Drive West to and including
the Benton Hill Road Intersection, including geometric modifications, vertical
grade modifications, drainage improvements, and related improvements. All
related demolition, new pavement construction, storm water and utility
improvements shall be addressed by the design under this contract.
Except as modified hereafter, all articles and provisions of the original contract
shall remain in full force and effect.
ARTICLE I — SCOPE OF SERVICES
A specific scope of services for this contract addendum and the identified project
shall be as identified below:
A. SD (Schematic and Preliminary Design Phase) — After written
authorization to proceed with the Preliminary Design the Engineer shall:
1. Assist the City in coordinating and deciding the needs and
requirements of the project.
2. Conduct topographic, property and utility surveys as needed and
supplement existing data and to be fully sufficient to determine the
existing conditions for the project and to develop plans for the
project. All survey work shall be completed in Missouri State Plane
Coordinates, North American Datum 1983, Eastern Zone.
3. Arrange for any subcontractor services as may be required.
4. Prepare alternate designs and cost estimates, develop preliminary
� plans, and recommend the best design based on these studies. In
addition to normal design activities, specific services to be
addressed by the preliminary and final design phases are to be as
indicated hereafter.
i. Coordinate the project through initial schematic reviews by
the City.
ii. Provide for the preliminary design of new intersection
geometrics and striping in accordance with the requirements
of the City.
iii. Provide the preliminary design of a Traffic Control Plan in
accordance with the City requirements.
5. Furnish two copies of the above SD (Schematic Design) documents
to the City.
B. DD (Design Development) PHASE — After written authorization to
proceed with the Design Development the Engineer shall:
1. Determine the right-of-away and easements required for successful
execution of the project. Provide necessary exhibits and legal
descriptions for necessary acquisition of right-of-way and
easements. Assist the City in acquiring the right-of-way and
easements.
2. Prepare Drawings, Specifications, and Cost Estimates for the
project, incorporating the City standard specifications where
available, and preparing specifications and standard details where
said City standards are not available.
3. Advise the City of any adjustments to the latest opinion of probable
Total Project Costs caused by changes in general scope, extent or
character or design requirements of the Project or Construction
Costs. Furnish to City a revised opinion of probable Total Project
Costs based on the Drawings and Specifications.
4. Provide exhibits and obtain any necessary permits. Engineer's
expense for permit fees will be reimbursed by the City in addition to
the design fees.
5. Furnish the City with two approval copies of the DD (Design
Development) plans, specifications, and cost estimate for final
review and comment.
C. CD (Construction Documents) PHASE — After written authorization to
proceed with the Construction Documents the Engineer shall:
1. Following receipt of final comments from the City, Engineer will
complete the final Contract Drawings, Specifications, and Bid
Documents, incorporating final comments received from the City.
2. Provide the final Engineers estimate of probable cost for the project
construction.
3. Furnish CD (Construction Documents) per deliverabies listed in
paragraph E below.
D. BIDDING PHASE —The Engineer will:
1. Furnish the City with 10 full size copies of the final Contract
Drawings and Bid Documents for purchase by prospective bidders.
2. Provide the City with one reproducible copy of the final Contract
Drawings and Bid Documents for use for additional reproduction, if
required.
3. Attend Bid Opening.
E. FINAL DESIGN DELIVERABLES —
i. One complete original full size set of plans with original seal
and one complete half size set of plans.
ii. AutoCAD Version 2009 Electronic Plans.
iii. Adobe portable document format (.pdf) electronic plans,
specifications, and cost estimate
iv. Microsoft Word Documents of all specifications and front end
documents not City or State Standards..
v. Microsoft Excel spreadsheet document of final estimate.
For all phases of the design development (SD, DD, CD, and Bidding), the
Engineer shall submit detailed design progress reports with each
application for payment.
F. CONSTRUCTION PHASE — (Construction Phase Services are an option
to this addendum, and are to be provided for and detailed in a
supplemental agreement prepared prior to construction activities, if such
services are required by the City). If the City desires to engage the
Engineer to provide construction phase services, the Engineer will serve
as the City's representative for administering the terms of the construction
Contract. The Engineer shall not authorize change orders or otherwise
alter the terms of a construction Contract except with the City's express
written authorization. The Engineer will attempt to protect the City against
defects and deficiencies in workmanship and materials. However,
providing project representation shall not make the Engineer responsible
for construction methods or procedures used by the Contractor, nor for
the Contractor's failure to perform work according to the Contract
documents. More specifically, the Engineer's services will include the
following.
1. Assist the City with a pre-construction conference to discuss project
details with the Contractor.
2. Make periodic site visits to observe the Contractor's progress and
quality of work, and determine if the work conforms to the Contract
Documents. Provide construction surveys and construction staking
as required by the Contractor. The Engineer will accompany the
City's representatives on visits to the project as requested.
3. Check shop drawings, review construction schedules and drawings
submitted by the Contractor.
4. Reject work not conforming to the project documents.
5. Prepare change orders for issuance by the City as necessary to
assure that proper approvals are made before performance of
work.
6. Review wage rates, postings, equal employment opportunity
requirements and other related items called for in the Contract.
7. Inspect materials, review material certifications furnished by
Contractor, sample concrete and other materials, and if required,
arrange for laboratory testing of samples by others on a
subcontractor basis.
8. Maintain project records, construction diary and other project
information, measurements of quantities, and review monthly
estimates for payments due the Contractor. Estimates are to be
submitted to the Engineer by the 10th of the month so that the
Engineer can make their review to the City on or before the 15th of
the same month.
9. Be present during critical construction operations.
10.Participate in final inspection, and provide the City with project
documentation diaries, test results, certifications, etc., also provide
record plans for the City's records if requested.
11.Prepare final record survey and plans of the project.
ARTICLE II — PERIOD OF SERVICE
The Engineer will commence work required by the addendum within 2 days after
receiving notice to proceed from the City. The addendum work shall be
completed in accordance with the following schedule:
A. Schematic Design Plans (SD) shall be completed for review by city
staff—Within 45 calendar days after receipt of notice to proceed. Staff
review period is anticipated to be approximately 10 days.
B. Design Development (DD) documents shall be revised and completed
within 95 days of notice to proceed. Easement plats and documents
shall be completed and submitted with the DD plans. Staff review
period is anticipated to be approximately 2 weeks.
C. Construction Documents (CD) shall be completed and submitted within
140 calendar days from the original notice to proceed.
D. The period of service for construction phase services will be detailed in
a supplemental agreement, if required.
The above 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 Engineer. Requests for extensions
of time shall be requested in writing by the Engineer, stating fully the reasons for
the request.
ARTICLE III — INSURANCE
Without limiting the liability hereunder, Koehler Engineering and Land Surveying,
Inc., shall maintain during the life of this agreement the following insurance and
furnish the City, certificates of insurance as evidence thereof (attachment B).
Such certificates shall provide that cancellation of said insurance shall not be
affected without thirty (30) days prior written notice to the City. The certificates
shall plainly designate the name of the project for which the certificate is
provided.
Insurance limits sha�l meet or exceed the insurance limits for Automobile and
General required under Missouri Revised Statutes Chapter 537.610; which are
reproduced in the table below.
For all clairns:arising: For any one person
Year out of a single in a single
accident or occurrence accident or occurrence
2009 $2,525,423 $378,814
2008 $2,418,992 $362,849
2Ob7 $2,369,306 $355,396
2006 $2,303,326 $345,499
Far al:l c1ai�� ar�s�r�g 'For any one perr-son
Year o.u# of a s�n�l�e. in a sing(e
acc�d�nt or oc�u�'rencQ acci:dent or occurrence
2005: $2,234,121 $335,118
__._.
______.
�004' $2,186,741 $328,011
3OQ3` $2,145,322 $321,798
___ __
___ .
2;�0;2` $2,111,043 $316,656
2001 $2,079,420 $311,913
200Q. $2,033,473 $305,021
In addition to the required insurance stipulated above, specific limits of coverage
that are to be provided for this project are as identified in the following
paragraphs:
1. Workers' Compensation insurance, providing coverage in compliance with
the laws of the state in which any part of the work is to be performed, and
Employer's Liability Coverage in the minimum amount of $1,000,000.00 for each
occurrence.
2. Commercial General Liability insurance shall be carried by the Engineer in
the amount of $1,000,000 per occurrence and $2,000,000 aggregate, including
Products and Completed Operations.
3. Commercial Automobile Liability insurance shall be carried by the
Engineer in the amount of$1,000,000 per occurrence and $2,000,000 aggregate,
including Products and Completed Operations.
4. An umbrella insurance coverage issued over and on top of the limits
indicated under paragraph 1, 2, and 3 of this article shall be maintained in the
amount of$4,000,000 for each occurrence and $4,000,000 aggregate.
5. Architect's and Engineers Professional Liability Insurance. Professional
Liability (errors and omissions) shall be carried by the Engineer in the amount of
$2,000,000 per incident and $2,000,000 aggregate.
The ArchitecYs and Engineer's Professional Liability Insurance shall include
contractual Liability Coverage for the liability assumed by Koehler Engineering &
Land Surveying, Inc., under this agreement, subject to the terms and conditions
of the policy. The City shall be named as an additional insured in the Certificate
for Commercial General Liability.
ARTICLE IV— COMPENSATION
For services provided under this addendum, the City will compensate the
Engineer as follows:
A. For design services, including work through the completion of the final
design plans and specifications, the City will reimburse the Engineer
for the hours expended and at the hourly rates set forth in Attachment
"A" affixed hereto. For the basic design services set forth in this
addendum, reimbursement to the Engineer shall not exceed
$113 616 (One Hundred Thirteen Thousand, Six Hundred Sixteen
Dollars) which sum includes surveyinq, qeotechnical, and desiqn
services for the extension of Bloomfield Road from Stonebridqe
Subdivision West to and beyond the intersection of Countv Road #206,
toqether with improvements to this intersection and County Road #206
as required.
B. Engineer may invoice periodically and commensurate with completion
and acceptance of each phase described above.
ARTICLE V
This addendum is made and entered into subject to the approval of the City of
Cape Girardeau.
ARTICLE VI — ATTACHMENTS
The following exhibits are attached hereto and are hereby made part of this
contract:
Attachment A— Current Rate Schedule for Contract Work
Attachment B — Insurance Certificate
Executed by the Engineer this Z4 day of ��6P...�.t,A�2�Y , 2009.
Executed by the City this �� day of��,.c.�� � , 2009.
FOR: City of Cape Girardeau
BY: y�i�Eq 1�,1
Ken Efti k, nt im City Manager �y - \l�;,
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ATTEST: , �, �• _ �-\� G��)\,�.a�f'
Ms.'Gayl onrad, City Clerk �, '- '��,r�ery� �3
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FOR: Koehler Engineering and Land Surveying, Inc. t� �� ' f -,,;
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BY: ��� "� tlj`
ris Koehler, PE, PLS, President 4 .� � �� _
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ATTES�-''"�..�� ^ �''\ � ,
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Lois Koehler, Secretary Corporate Seal
A
ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID pT °^'��M�°°'�
KOEHENI 02/23/D9
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INPORNL4TION
W. E. WAI,KER-LAKENAN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
117 30UTH BROADVIEW HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P O SOX 733 ALTER THE GOVERAGE AFFORDED BY THE POUCIES BELOW.
CAPE OIRAEiDEAU MO 63702-0733
Phoae: 573-335-3307 Fax:573-335-5844 INSURERS AFFORDING COVERAGE NNC#
ersur�o iNsur�R n: HAWKEYE-3ECVItITY INSZJFtANCE
INSURER B:
Koehler Enc3 ineerinq s INSURER C
3urveying inc.
194 Coker Lane INSURER D:
Cape Oirardeau MO 63701
INSURER E:
COVERAGES
THE POLICIES OF�NSUFWJCE LISTED BELOW HAVE�EN ISSUED TO THE INSURED NAMED ABOVE FOR Tl-�POLICY PERIOD If�ICAlED.NOTWIh1STANDING
ANY REOUIRE�vENT,TERM OR CONDiTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURPJJCE RFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO RLL hiE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POUGES.A6GREGATE IIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CIAIMS.
LTR NS TYPE OF INSURANCE POL�CY NUMBER pATE(MMIODlYY) �ATE(MAW�lYY) LIMRS
GENERAL UABILITY EACH OCCUkRENCE $1�OOO�OOO
]�a }[ $ COMMERC�ALGENERPLLIABILIIY CCP8026810 03/25/08 03/25/09 PREMISES(Eeoccurence� E3����0�
CLAIMS MADE a OCCUR MED EXP�Any one person) $1,����0
X BLKT ADD�L INS�D PERSOW�&ADV INJURY S 1�OOO�OOO
X PROF EXCLUDED GENERPLAGGREGATE $2�OOO�OOO
GEN'L AGGREGAlE UMIT APPLIES PER: . PROWCTS-COMPIOP AGG E 2�O O O�O OO
POLICY X PjE7 lOC
AUTOM081LE IIABILRY
COMBINED SINGLE UMIT S 1 OOO
A X �YAUTO BA8029309 03/25/08 03/25/09 �Eea�aaam± , ,000
P1L OWNED AUTOS
BODILY INJURY $
SCNEDULED AUTOS (Perperson�
HIRED AUTOS
BODILY INJURY t
NOt�OWNED AUTOS (Per eccidenl)
PROPERTY DAMAGE a
�Per ecciderd)
OARAGE LIABILtTY AUTO ONLv-EA ACCIDEM $
ANY AUTO 0'fHER THAN �ACC S
AUTO ONLY: AGG $
EXCESSNMBREIi.ALU181LITY EACHOCCURRENCE E 4�OOO�OOO
p� occuR �aainnsn�aoe CU8021514 03/25/08 03/25/09 AGGREGATE s 4,000,000
5
DEDUCTIBLE $
}{ RETENTION $1Q���� S
WORKERS COMPENSATION AND X TORY LIMITS ER
EMPIOYERS'LIABIL�iY
A ANYPROPRIETOR/PAf2iNER/EXECUTIVE �8025110 03/25/OB 03/25/09 E.LEACHACCIDENT $10�����
OFFICER/MEMBEREXCLUDED7 E.LDISEASE-EAEMPLOYEE SZOOOOOO
il yes,descnbe untler
SPECIALPROViSIONSDeIow E.L DISEASE-POLICYLIMIT $ZOOOOOO
OTHER
A Equip¢neat Floater CCP8026810 03/25/06 03/25/09 Equip Ded $250
A Property CCP8026810 03/25/08 03/25/09
DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES 1 EXCLUSIONS ADOEO 8Y ENDORSEMENT J SPECIAL PROVISIONS
CERTIFICATE H07�DER IS INCLUDED �ITHIN T}{E c3EDi�RAL LIASILITY SLANKET
ADDITIONAL IN3URED PROVI9ION
CERTIFICATE HOLOER CANCELLATION
CITYGAI �OUID ANY OF hIE ABOVE DESCRIBED POLICIES BE CRNCELLED BEFORE THE EXPIRATION
DAiE THEREOF,THE ISSUING IN3URER WILL ENOEAVOR TO MAIL Z O DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOIDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
CITY OF CAPE GIRARDEAU IMPOSE NO OBLIGATION OR LIA8ILITV OF ANV KIND UPON THE INSURER,ITS AGENTS OR
401 INDEPENDENCE
C�PaPE QIEZ�RAEAU MO 63702-0617 REPRESENTATIVES.
AUTHORIZE�REP SEHTATIVE
ACORD 25(2001108) �ACORD CORPORATION 1988
,.. _ _
_ ,J�--_ , - ,_
I M POI�ANT
If the certficate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25(2001108�