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HomeMy WebLinkAboutRES.994.10-10-1994 � ?� BILL NO. 94-272 RESOLUTION NO. C�`>`� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR ENGINEERING SERVICES WITH BLACK & VEATCH FOR WATER DISTRIBUTION IMPROVEMENTS TO SERVE TWIN LAKES SUBDIVISION AND THE GIBONEY WOODS DEVELOPMENT AND FOR UPDATING THE WATER FACILITIES MASTER PLAN 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 an Agreement for Engineering Services with Black and Veatch for water distribution improvements to serve Twin Lakes Subdivision and the Giboney Woods Development and for updating the Water Facilities Master Plan. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS i"; �r;� DAY OF ���t�E,�J�r:' , 19 �1� A. M. Sp adling, II Mayor ATTEST: �� _ — ' .�C L r� ��) �Ll,I�: LC�GC Gayle �-L. Conrad Deputy City Clerk 4 � AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, between the City of Cape Girardeau, Missouri (Owner) and Black & Veatch (Engineer) ; W I T N E S S E T H : WHEREAS, Owner intends to construct additions to the existing water distribution system that will extend water service to the Twin Lakes Subdivision and the Giboney Woods Development. Owner also intends to update the existing Water Facilities Master Plan to include a new area of development (the Project) ; and Owner further desires to retain the Engineer to provide master planning, design, survey, geotechnical and construction administration services for the construction of the water distribution improvements and, WHEREAS, Engineer is prepared to provide certain engineering services in connection with the Project (the Services) ; NOW THEREFORE, in consideration of the promises contained in this Agreement, Owner and Engineer agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shal l be i� - �� - `t =( ARTICLE 2 - GOVERNING LAW This Agreement shall be governed by the laws of the state of Missouri . ARTICLE 3 - SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Services described in Attachment A, Scope of Services. Cape Girardeau, MO 09/OS/94 '1' ti ARTICLE 4 - COMPENSATION Owner shall pay Engineer in accordance with Attachment B, Compensation. ARTICLE 5 - OWNER'S RESPONSIBILITIES Owner shall be responsible for all matters described in Attachment C, Owner' s Responsibilities. ARTICLE 6 - STANDARD OF CARE Engineer shall exercise the same degree of care, skill , and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. No other warranty, express or implied, is included in this Agreement or in any drawing, specification, report, or opinion produced pursuant to this Agreement. ARTICLE 7 - LIABILITY AND INDEMNIFICATION 7.1 General . Having considered the potential liabilities that may exist during the performance of the Services, the benefits of the Project, and the Engineer' s fee for the Services, and in consideration of the promises contained in this Agreement, Owner and Engineer agree to allocate and limit such liabilities in accordance with this Article. 7.2 Indemnification. Engineer and Owner each agrees to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages , or expenses are caused by the joint or concur- rent negligence of Engineer and Owner, they shall be borne by each party in proportion to its own negligence. 7.3 Employee Claims. Engineer shall indemnify Owner against legal liability for damages arising out of claims by Engineer' s employees. Owner shall indemnify Engineer against legal liability for damages arising out of claims by Owner' s employees. Cape Girardeau, MO 09/08/94 -2- ti 7.4 Consequential Damaqes. To the fullest extent permitted by law, Engineer shall not be liable to Owner for any special , indirect, or consequential damages resulting in any way from the performance of the Services. 7.5 Survival . Upon completion of all Services, obligations, and duties provided for in this Agreement, or if this Agreement is terminated for any reason, the terms and conditions of this Article shall survive. ARTICLE 8 - INSURANCE During the performance of the Services under this Agreement, Engineer shall maintain the following insurance: (1) General Liability Insurance, with a combined single limit of $1 ,000,000 for each occurrence and $1 ,000,000 in the aggregate. (2) Automobile Liability Insurance, with a combined single limit of $1 ,000,000 for each person and $1,000,000 for each accident. (3) Workers ' Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance, with a limit of $500,000 for each occurrence. (4) Professional Liability Insurance, with a limit of $1 ,000,000 annual aggregate. Engineer shall , upon written request, furnish Owner certificates of insurance which shall include a provision that such insurance shall not be canceled without at least thirty days' written notice to Owner. All Project contractors shall be required to include Owner and Engineer as � additional insureds on their General Liability insurance policies, and shall be required to indemnify Owner and Engineer to the same extent. Engineer and Owner waive all rights against each other and their directors, officers, partners, commissioners, officials, agents, and employees for damages covered by property insurance during and after the completion of the Services. If the Services result in a construction Cape Girardeau, MO os/oa/9a '3' t phase of the project, a similar provision shall be incorporated into all construction phase contracts entered into by Owner and shall protect Owner and Engineer to the same extent. ARTICLE 9 - LIMITATIONS OF RESPONSIBILITY Engineer shall not be responsible for: (1) construction means, methods, techniques, sequences , procedures, or safety precautions and programs in connection with the Project; (2) the failure of any contractor, subcon- tractor, vendor, or other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to the Owner or to comply with federal , state, or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A, Scope of Services. ARTICLE 10 - OPINIONS OF COST AND SCHEDULE Since Engineer has no control over the cost of labor, materials, or equipment furnished by others, or over the resources provided by others to meet Project schedules , Engineer' s opinion of probable costs and of Project schedules shall be made on the basis of experience and qualifi- cations as a professional engineer. Engineer does not guarantee that proposals, bids, or actual Project costs will not vary from Engineer' s cost estimates or that actual schedules will not vary from Engineer' s projected schedules. ARTICLE 11 - REUSE OF DOCUMENTS All documents, including, but not limited to, drawings, specifications, and computer software prepared by Engineer pursuant to this Agreement are instruments of service in respect to the Project. They are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without prior written verification or adaptation by Engineer for the specific purpose intended will be at Owner' s sole risk and without liability or legal exposure to Engineer. Owner shall defend, indemnify, and hold harmless Engineer against all claims, losses, damages, injuries, and expenses, including attorneys ' fees, arising out of or resulting from Cape Girardeau, MO o9/os/94 -4- 1 such reuse. Any verification or adaptation of documents will entitle Engineer to additional compensation at rates to be agreed upon by Owner and Engineer. ARTICLE 12 - OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Except as otherwise provided herein, engineering documents, drawings, and specifications prepared by Engineer as part of the Services shall become the property of Owner, provided, however, that Engineer shall have the unrestricted right to their use. Engineer shall retain its rights in its standard drawing details, specifications, data bases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Engineer. ARTICLE 13 - TERMINATION This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The nonperforming party shall have fifteen calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the other party. Owner may terminate or suspend performance of this Agreement for Owner' s convenience upon written notice to Engineer. Engineer shall terminate or suspend performance of the Services on a schedule acceptable to Owner. If termination or suspension is for Owner' s convenience, Owner shall pay Engineer for all the Services performed and termination or suspension expenses. Upon restart, an equitable adjustment shall be made to Engineer' s compensation. ARTICLE 14 - DELAY IN PERFORMANCE Neither Owner nor Engineer shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and Cape Girardeau, MO 09/OS/94 'S' � other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses, or authorizations from any local , state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either Owner or Engineer under this Agreement. Should such circumstances occur, the nonperforming party shall , within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. ARTICLE 15 - COMMUNICATIONS Any communication required by this Agreement shall be made in writing to the address specified below: Engineer: Steve Phillips Black & Veatch 8400 Ward Parkway P. 0. Box 8405 Kansas City, Missouri 64114 Owner: Mr. J. Ronald Fischer City Manager City Hall 401 Independence Street Cape Girardeau, Missouri 63702 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Engineer and Owner. ARTICLE 16 - WAIVER A waiver by either Owner or Engineer of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party' s rights with respect to any other or further breach. Cape Girardeau, MO 09/08/94 -6- < ARTICLE 17 - SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provi- sion of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as pos- sible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. ARTICLE 18 - INTEGRATION This Agreement represents the entire and integrated agreement between Owner and Engineer. It supersedes all prior and contemporaneous com- munications, representations, and agreements , whether oral or written, relating to the subject matter of this Agreement. ARTICLE 19 - SUCCESSORS AND ASSIGNS Owner and Engineer each binds itself and its directors, officers , partners, successors , executors, administrators, assigns, and legal representatives to the other party to this Agreement and to the directors, officers, partners, successors, executors, administrators, as5igns, and legal representatives of such other party in respect to all provisions of this Agreement. ARTICLE 20 - ASSIGNMENT Neither Owner nor Engineer shall assign any rights or duties under this � Agreement without the prior written consent of the other party. Unless otherwise stated in the written consent to an assignment, no assignment will release or discharge the assignor from any obligation under this Agreement. Nothing contained in this Article shall prevent Engineer from employing independent consultants, associates, and subcontractors to assist in the performance of the Services. Cape Girardeau, MO 09/OS/94 -�' 4, ARTICLE 21 - THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and Engineer. IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement. City of Cape Girardeau , Missouri Blac� & Veatch Owner Engin er /l , . , ,, . R �� By c/ - A`�'1�°��v -�" By '� ,� �, Ronald Fischer ac{t . Keller Title City Manaqer Title �cecutive Partner Date �'/ i/ � Date ��,� �' �' -�s�� Cape Girardeau, MO 09l08/94 -8- � ATTACHMENT A TO CONTRACT FOR ENGINEERING SERVICES FOR CITY OF CAPE GIRARDEAU, MISSOURI WATER SYSTEM IMPROVEMENTS SCOPE OF SERVICES . Owner: City of Cape Girardeau, Missouri Project: Water Distribution System Improvement This project consists of updating the existing Water System Master plan to include one new planning area in the southwest area of the City; and design, bid, preaward, and construction phase services for the construction of the following water distribution system improvements: • Twin Lakes. Approximately 14,000 feet of new water transmission and distribution main that will be constructed throughout the subdivision. The transmission main will cross Interstate 55. • Gibonev Woods. Approximately 11 ,500 feet of new water transmission and distribution main to serve a residential development area. The new distribution piping will be constructed throughout the development based on the proposed road layouts. The planning and design work will be based on the following: • "Water System Master Plan for Cape Girardeau , Missouri , " project No. 19447; prepared by Black & Veatch, Kansas City, Missouri ; 1993. • Preliminary development layout for Giboney Woods prepared by Koehler Land Surveying; Cape Girardeau, Missouri ; April , 1994. The Water System Master Plan Update will be completed independently of the design tasks. The design work for the Twin Lakes Subdivision and Giboney Woods Development are intended to be completed concurrently. It is understood that the construction of the Twin Lakes and Giboney Woods improvements will occur at different times. Therefore, the Preaward and Construction Phase Services described herein will be provided for each project, and will not be provided concurrently. Cape Girardeau, MO 092694 A-1 PHASE 100. WATER SYSTEM MASTER PLAN UPDATE Engineer shall provide master planning services to prepare an addendum to the 1993 master plan which will provide a 10 and 20 year program to provide potable water to a new area in the southwest portion of the City. The area to be studied is defined in Mr. Kensey Russell ' s letter dated August 18, 1994. The area is located adjacent to the original Planning Area No. 15, and is bordered on the north by County Road No. 203, on the east by Bloomfield Road, and on the South by Highway No. 74. A. Preliminary and General Work 1 . Conduct a project initiation meeting to clarify Owner' s requirements for the project; review available data and project organization and staffing. B. Existing Facilities l . Review existing facilities which will be impacted by the addition of this new area. 2. Review existing reports and other information from Owner' s files to confirm design capacity and characteristics of affected facilities. 3. Review water use records to determine history of water demands in the impacted areas. C. Facilities Capacity Requirements 1 . Assist City with projecting future growth, determining flows from the additional area, and demands on the water utility including distribution facilities as a result of the addition of the new area. Projections shall be based on data provided by the City Planning Department. 2. Establish the required distribution system and transmission system capacities to serve the new area, including phased expansion requirements. 3. Review the adequacy of the existing treatment facilities and water mains that will supply this area. The analysis will based on the design conditions determined above. D. Pipeline Corridor Study l . Determine alternative routes and gather available topographic, property, and utility maps within the corridor to determine potential alternative alignments for transmission mains to deliver service to the study area. Cape Girardeau, MO 092694 A-2 2. Evaluate alternative alignments. 3. Summarize advantages and disadvantages of each alternative alignment, considering geotechnical conditions, urban development service requirements, construction difficulties, environmental factors, and overall costs. E. Pipeline Design Criteria l . Establish proposed pipeline sizes and materials for improvements which will be needed to deliver water to the study area. 2. Prepare a preliminary system pressure profile. 3. Establish valve types and locations based on current City standards. F. Costs 1 . Prepare opinions of probable construction cost for the alternative systems to serve the area, and perform a cost-effectiveness analysis of the alternatives based on the opinions of probable construction costs, operating and maintenance costs , and other project costs. G. Report l . Prepare a draft report that can be inserted into the existing Water System Facilities Plan which includes a recommended plan of improvements and opinions of probable construction cost for that plan. Submit five copies to Owner for review and comment. 2. After Owner has reviewed and commented, make any necessary modification and submit five copies of revised draft report to State agency and five copies to Owner for review and comment. 3. After receipt of comments, revise report and submit five copies of final draft to Owner and State agency. PHASE 200. FIELD SURVEYS - TWIN LAKES AND GIBONEY WOODS. A. Preliminary 1 . Meet with Owner and select the pipeline routes to be surveyed. 2. Contact utilities and gather information on location of their facilities, availability of service for proposed project, utility requirements for connections and interfacing, and any planned or proposed improvements which would affect the project. Cape Girardeau, MO os2ssa A-3 3. Obtain available drawings or maps from Owner which will aid in the design and interfacing of the project. B. Route Surveys - Twin Lakes Subdivision 1. Assist Owner in utilizing the City' s survey crew to conduct alignment surveys to gather topographic and utility information along the pipeline alignment(s) , set horizontal and vertical controls and locate existing street right-of-way and critical property corners along pipeline alignment, and to provide additional records on right-of-way and property information as required. . 2. Conduct a review meeting with Owner' s staff upon completion of detailed surveys to obtain approval of final alignment. 3. Determine the needs for permanent and temporary construction easements along the pipeline alignment. Review these needs with Owner' s staff. C. Route Surveys Giboney Woods Development The survey and plan sheets for the Giboney Woods improvements will be based on the contour maps developed from aerial survey completed by Walker and Associates. 1. Acquire the existing contour maps developed from aerial surveys of the proposed alignment. 2. Provide, through a subcontract, the services of a land surveyor to set horizontal and vertical controls and critical property corners along pipeline alignment, and to provide additional records on right-of-way and property information as required. 3. Conduct a review meeting with Owner' s staff to obtain approval of final alignment. 4. Determine the needs for permanent and temporary construction easements along the pipeline alignment. Review these needs with Owner' s staff. PHASE 300. DESIGN, CONSTRUCTION CONTRACT DOCUMENTS, BID, AND PRECONSTRUCTION SERVICES � The services provided in this phase of the project apply to both the Twin Lakes and Giboney Woods improvements unless specifically stated otherwise. It is anticipated the work will proceed concurrently on both projects. A. Preliminary and General Items Cape Girardeau, MO os2ssa A-4 l . Meet with Owner to clarify understanding of scope and parameters of the project. 2. Obtain and review Owner-furnished standard specifications and standard details, and resolve any comments. 3. Arrange for and participate in informal meetings with Owner throughout the design phase to review progress and exchange ideas and information. One meeting per month is anticipated. 4. Meet with Owner' s personnel and representatives of utilities , government agencies, highway departments, railroad companies, and schools to obtain requirements for public protection to be included in contract documents. 5. Prepare a design memorandum to establish agreement on scope, parameters, performance requirements, and project approach. Submit three copies to Owner. B. Water main planning - Giboney Woods Development only. 1. Project ultimate flows and demands created by the proposed development. 2. Establish the required distribution system capacity and pressure to the area, and determine any improvements that are required to the existing system to meet the required demands and pressures. 3. Determine the pipeline route for the transmission main which will connect the development to the existing water distribution system, considering existing utilities, geotechnical conditions, roadway layouts , and the service ares. 4. Establish pipeline sizes and materials. 5. Establish valve locations. 6. Prepare a pressure profile for the development area. C. Geotechnical Services 1. Provide, through a subcontract, geotechnical engineering services including exploratory work , laboratory and field testing, and professional guidance in tests to be made at test locations based on preliminary drawings and designs and including professional � interpretations of exploratory and test data. The services will include: a. Initial geotechnical exploratory work , such as soil borings, penetration tests, soundings, subsurface explorations, Cape Girardeau, MO os2ssa A-5 laboratory tests of soils, rock formations, and other geo- physical phenomena which are required to provide information for design, and other field and laboratory tests and analyses which are required to provide design information. b. A geotechn��al report by a qualified geologist or geotechnical firm interpreting the data on the exploratory work and testing and setting out the site conditions that can be ant�cipated from this exploratory work. D. Construction Contract �cuments 1 . Prepare drawings and specifications and other contract documents for the proposed construction work and for the materials and equipment requir��. The documents sh�1l be prepared for selection of private construction con�ractors on a competitive bid basis. 2. Prepare two cons�ruction contracts as follows: a, Twin Lakes Subdivision - Based on a preliminary pipeline layout dev��oped by the City staff, modified as required based on t�e results of the design memorandum prepared in Phase 300, Section A b. Giboney Wo�ds Development - Based on alignment and preliminary design developed in Phase 300, Section B. 3. Prepare an opini�a of probable construction cost for the proposed work covered by �he contract documents. 4. Review the contr�ct documents for completeness, bidability, and constructability. 5. Provide three se�s of the contract documents to Owner for review at the 90 percen� project completion. 6. Meet with Owner �fter documents have been reviewed to discuss them and to resolve a�y questions. 7. After the confer�ce with Owner, make any necessary modifications and submit three sets of revised contract documents to State agency for revie� and two sets to Owner for record. . 8. Attend one meeti�g in Cape Girardeau, Missouri to discuss the documents with r�ulatory agency officials. 9. After receipt of agency review comments and Owner' s comments on final documents, revise if necessary and resubmit, if necessary, three sets to st��e agency and two sets to Owner. Cape Girardeau, MO os2ssa A-6 , 10. Upon completion of the review of the contract documents, review the opinion of probable construction cost and revise and expand as required. 11. Attend one public hearing in Cape Girardeau , Missouri to assist Owner in presenting the project to the public, to answer questions , and to advise Owner as necessary. 12. Prepare Bidding Requirements, Bid Forms, Contract Forms, and Conditions of Contract for the contract documents, and preliminary Invitation to Bid form. E. Permits Acquisition 1 . Provide in the specifications a list of the permits which must be obtained by the construction contractor(s) . It is understood the construction contractors must obtain the following permits for this project: Missouri State Sales Tax Exemption 2. Provide assistance to Owner in securing the following permits from State agencies and from utility and pipeline companies: Construction Permit from Missouri Department of Natural Resources Construction Permit from Missouri Department of Highway and Transportation Assistance will include: a. Preparation of applications, exhibits, drawings and specifications as necessary for Owner' s execution and submittal . b. Furnishing additional information about the project design. PHASE 400. PREAWARD SERVICES l . Coordinate bid letting date, time, and place with Owner and prepare final Invitation to Bid. 2. Assist and advise Owner in placing the advertisements of the Invitation to Bid. � 3. Identify potential contractors and suppliers, and distribute copies of Invitation to Bid. Maintain a record of prospective bidders and suppliers to whom contract documents have been issued. 4. Distribute construction contract documents to prospective bidders. Cape Girardeau, MO 092694 A�� a 5. Distribute plan holders list to recipients of contract documents prior to bid opening. 6. Receive deposits for construction contract documents. Process refunds to unsuccessful bidders. To reduce reproduction and mailing expenses, Engineer shall retain any portion of the deposit which is not refundable. 7. Distribute 10 sets of the construction contract documents to the successful bidder. 8. Interpret construction contract documents. Prepare and issue addenda to the construction contract documents when required. 9. Conduct bid opening. Answer questions during bid opening, make preliminary tabulation of bids, and review questionnaires and bid5 for completeness. 10. Review and evaluate the qualifications of the apparent successful bidder and the proposed major or specialty subcontractors. The review and evaluation will include such factors as work completed, equipment that is available for the work, financial resources, technical experience, and responses from references. 11 . Prepare and distribute formal bid tabulation sheets, evaluate bids, and make written recommendations to Owner concerning contract award. 12. Prepare and distribute conforming copies of the construction contract documents. These services will include review of contractor' s bonds, furnishing the Contractor unsigned con- struction contract documents, and transmitting the construction contract documents to Owner for signature and distribution. PHASE 500. CONSTRUCTION PHASE SERVICES The following services will be provided for the improvements to both the Twin Lakes Subdivision and the Giboney Woods Development. Costs for these services have been developed assuming the construction of these improvements is completed at different times. A. Project Administration Engineer will perform project administration services during the construction phase of the project. By performing these services, Engi- � neer shall not have authority or responsibility to supervise, direct, or control the Contractor' s work or the Contractor' s means, methods, techniques , sequences , or procedures of construction. Engineer shall not have authority or responsibility for safety precautions and programs incident to the Contractor' s work or for any failure of the Contractor to comply with laws , regulations , rules, ordinances, codes, or orders Cape Girardeau, MO 092694 A-8 4 ♦ applicable to the Contractor furnishing and performing the work. Specific services to be performed by Engineer are as follows: 1 . Review the Contractor' s insurance certificates and forward the certificates to Owner for acceptance by Owner' s legal counsel . Engineer' s review of the insurance certificates is only for the purpose of determining if the Contractor maintains the general types and amounts of insurance required by the contract documents, and is not a legal review to determine if the Contractor' s insurance coverage complies with all applicable requirements. 2. Assist the City with developing public information program to set up a public notification procedure relating to specific construction activities. This work will consist of sending written notice regarding the proposed schedule and special provisions to members of the public directly affected by the construction activities. 3. At a date and time selected by Owner and at a facility provided by Owner, conduct a preconstruction conference. Engineer shall prepare an agenda for the conference, and prepare and distribute minutes. The preconstruction conference shall include a discussion of the Contractor' s tentative schedules, procedures for transmittal and review of the Contractor' s submittals, processing payment applications, critical work sequencing, change orders, record documents, and the Contractor' s responsibilities for safety and first aid. 4. Review and comment on the Contractor' s initial and updated construction schedule and advise Owner as to acceptability. 5. Analyze the Contractor' s construction schedule, activity sequence, and construction procedures as applicable to Owner' s ability to keep existing facilities in operation. 6. Review the Contractor' s initial and updated schedule of estimated monthly payments and advise Owner as to acceptability. 7. Make periodic visits to the construction site to observe progress of the work , and consult with the Owner and the Contractor concerning problems and progress of the work. A total of six visits between both projects is anticipated. 8. Review drawings and other data submitted by the Contractor as required by the construction contract documents. Engineer' s � review shall be for general conformity to the construction contract documents and shall not relieve the Contractor of any of his contractual responsibilities. Such reviews shall not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions and programs incident thereto. Cape Girardeau, MO os2ssa A-9 � � Costs contained in this document are for review of the initial submittal , and one resubmittal per subject. If more that one resubmission is required because of the failure of Contractor to provide all previously requested data, Owner shall reimburse Engineer for the charges incurred for review of the additional submittal with funds obtained from the Contractor as defined in the Contract Documents. 9. Receive and review guarantees, bonds , and certificates of inspec- tion, and tests and approvals which are to be assembled by the Contractor in accordance with the construction contract documents and transmit them to Owner. 10. Interpret construction contract documents when requested by Owner or the Contractor. 11 . Provide documentation and administer the processing of change orders, including applications for extension of construction time. Evaluate the cost and scheduling aspects of all change orders and, where necessary, negotiate with the Contractor to obtain a fair price for the work. Said negotiation shall be subject to the approval of Owner. Work related to unusually complex or unreasonably numerous claims is covered in Supplemental Services. 12. Upon completion of the project, revise the construction contract drawings to conform to the construction records. Submit one copy of the prints and one copy of reproducibles. 13. Act on claims of Owner and the Contractor relating to the acceptability of the work or the interpretation of the requirements of the construction contract documents. 14. Analyze data from performance testing of equipment by the Contractor or supplier when the construction contract documents require the equipment to be tested after installation. Submit conclusions to Owner. 15. Upon substantial completion, inspect the construction work and prepare a punch-list of those items to be completed or corrected before final completion of the project. Submit results of the inspection to Owner and the Contractor. 16. Upon completion or correction of the items of work on the punch- . list, conduct a final inspection to determine if the work is completed. Provide written recommendations concerning final payment to Owner, including a list of items, if any, to be completed prior to making such payment. 17. Apply for consent of surety to final payment. Cape Girardeau, MO 092694 A'1� + �, ATTACHMENT B TO CONTRACT FOR ENGINEERING SERVICES FOR CITY OF CAPE GIRARDEAU, MISSOURI WATER SYSTEM IMPROVEMENTS COMPENSATION Owner: City of Cape Girardeau, Missouri Project: Water Distribution Improvements For the services covered by this Contract, the Owner agrees to pay the Engineer as follows: A. For the Master Planning Services planning, design, and bid services; an amount equal to the Engineer' s salary costs times 2.80 plus reimbursable expenses at cost and plus subcontract billings times 1 .05. The maximum billed for these services shall not exceed $16,500 without further authorization. � B. For survey, design, and preaward services; an amount equal to the Engineer' s salary cost times 2.80 plus reimbursable expenses at cost and plus subcontract billings times 1 .05. The maximum billed for these services shall not exceed the following amounts without further authorization. • Twin Lakes Improvements $57,500 • Giboney Woods Improvements $25,500 C. For construction phase services, an amount equal to the Engineer' s salary costs times 2.80 plus reimbursable expenses at cost and plus subcontract billings times 1 .05. The maximum billed for these services shall not exceed the following amounts without further authorization. • Twin Lakes Improvements $30,000 • Giboney Woods Improvements $25,000 D. For supplemental services, an amount equal to the Engineer' s salary costs times 2.80 plus reimbursable expenses at cost and � plus subcontract billings times 1 .05. Each item of supplemental services shall be specifically authorized by the Owner, and a maximum billing limit shall be established before the work is started. The amount billed for each item of supplemental services shall not exceed the amount established for it without further authorization. Cape Girardeau, MO 092794 B'1 , E. The following expenses are reimbursable under salary multiplier work items: 1 . Travel , subsistence, and incidental costs. 2. Use of motor vehicles on a monthly rental basis for assigned vehicles and on a mileage basis or rental cost basis for vehicles used for short periods. Mileage basis shall be 29 cents per mile. 3. Telegraph costs , long distance telephone costs and project "onsite" telephone costs. • 4. Reproduction of reports, drawings, and specifications. 5. Postage and shipping charges for project-related materials. 6. Computer time charges including program use charges. 7. Rental charges for use of equipment, including equipment owned by the Engineer. 8. Cost of acquiring any other materials or services specifically for and applicable to only this project. 9. Subcontract costs including those for soils and geotechnical investigations and reports, testing laboratory services, surveying and mapping services, assistant engineers, other subcontract services. 10. Charges of special consultants requested or authorized by the Owner. 11 . Special insurance coverage required by the Owner, including the cost of naming the Owner as an additional insured. 12. Local taxes or fees applicable to the engineering work or payments therefor. 13. Charges for review of drawings and specifications by government agencies, if any. 14. Cost of acquiring any other materials or services specifically for and applicable to only this project. F. The Engineer agrees to use its best efforts to perform the services within the billing limits stated above and in accordance with the agreed upon performance schedules. If, at any time, the Engineer has reason to believe that the cost of the services will be greater or substantially less than the billing limits, the Engineer shall promptly notify the Owner to that effect, giving a revised billing limit for performance of the services. Cape Girardeau, MO o��9a B-2 � G. Periodic payments shall be made to the Engineer by the Owner based on the Engineer' s statement. The statement shall be itemized to indicate the amount of work performed and the associated reimbursable expenses and subcontract costs. H. The entire amount of each statement shall be due and payable upon receipt by the Owner. Carrying charges of 1-1/2 percent per month from the billing date, shall be due for accounts which are not paid within 60 days after the billing date. I . It is understood and agreed that the maximum billings of each of the above items are based on the start of the services being authorized not later than the dates given �below. If start of services is not authorized by dates given, it is understood and agreed that the fixed fees and total costs will be adjusted accordingly by a supplement to this Agreement. The authorization dates are as follows: • Planning, Design, and PreAward November 15, 1994 • Construction Phase Services May 15, 1995 J. It is understood and agreed that if the project, after being started in any phase, is stopped in that phase for the Owner' s convenience for more than 60 calendar days, Engineer may reassign project team members to other work. If the team is disbanded and the work is restarted at a later date, then the Owner will pay the Engineer a restart fee equal to 10 percent of the original maximum billing limit for that phase. Al1 payments for project suspension and restart will be in addition to the original maximum billing limit. K. It is understood and agreed: That the Engineer shall start the performance of the services listed below within ten calendar days of receipt of the notice to proceed and shall complete the design services within one hundred eighty calendar days of receipt of notice to proceed, pending review and coordination with the State regulatory agencies. Completion of services during the construction phase of the contract is dependent on the construction contractor' s completion. Construction Phase Services will be completed in the following time periods after completion and acceptance by the Owner of the construction work: � Calendar Days for Completion Af ter Service Acceptance by Owner • Construction Phase Services 62 Cape Girardeau, MO 092794 B—3 ti r- L. That the Engineer shall keep records on the basis of generally accepted accounting practice of costs and expenses and which records shall be available to inspection at reasonable times. Cape Girardeau, MO o��9a B-4 �, � . ATTACHMENT C TO CONTRACT FOR ENGINEERING SERVICES FOR CITY OF CAPE 6IRARDEAU, MISSOURI WATER SYSTEM IMPROVEMENTS OWNER'S RESPONSIBILITIES Owner: City of Cape Girardeau, Missouri Project: Water Distribution Improvements The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items: 1. All maps, drawings, reports, records, audits, annual reports, and other data that are available in the files of the Owner and which may be useful in the work involved under this contract. Data and records required include but are not limited to: 2. Access to public and private property when required in performance of the Engineer' s services. 3. Office desk space for the Engineer' s personnel as required. 4. The services of at least one of the Owner' s employees or staff who has the right of entry to, and who has knowledge of the existing water system, transmission and distribution mains and general overall facilities operation. 5. Property, boundary, easement, right-of-way, topographic, and utility surveys and property descriptions. 6. Releases to the news media concerning public hearings prebid conferences preconstruction conferences study and inspection operations by the Engineer' s forces and their time and location time and location of anticipated service interruptions time and location of anticipated street closing or partial closing. 7. Hall or auditorium space for public hearings prebid conferences � preconstruction conferences and the audio equipment and projection equipment required for such hearings and/or conferences. 8. Legal advertisement of project letting or bid date and such other publications of the "Invitation To Bid" as desired by the Owner. Cape Girardeau, MO 092794 C-1 r � 9. Royalties and fees for patented processes used in the work, except those required to be paid by construction contractors as part of the construction contract. 10. Shop, mill , or laboratory inspection of materials, laboratory and field testing, as required in the contract documents, field sampling services. 11. Updated data file for Cybernet program. 12. All water sales data for the system. 13. All surveying work required for the design of the system improvements in the Twin Lakes Subdivision. 14. Preparation of title reports and legal descriptions on each parcel of property to be acquired. 15. Qualified appraisals of all rights-of-way and easements to be acquired. 16. An experienced staff inember that is knowledgeable with the system to serve as the resident project representative on both projects. Cape Girardeau,MO 092794 �-2 -.,'u`Y� �" �J4�'. � r : � • " .� ' . . ,9 .r ;.. � _ . - " SUPPLEMENT NO.2 TO �ONTRACT rOR ENGINEERING SERVICCS FOR CITY OF CAPE GIRARDEAU, NIISSOURI WATER SYSTEM IMPROVCMENTS The purpose of this Supplement No. 2 is to define additional engineering services which Black& Veatch�,��, hereinafter called the Engineer, has provided to the City of Cape Girardeau, Missouri, hereinafter called the City. This agreemeut is a supplement to the Contract for Engineering Services for the City of Cape Girardeau, Missouri, Water System Improvements, dated October � 11, 1994 as amended by SuPplement No. 1 dated July 3, 1995. Section I—Scope of Services In the process of completing the Twin Lakes Water System Improvements project and at the request of the City, the Engineer performed engineering services beyond the scope of services described in the Contract for Engineeri��g Services and Supplement No. 1. Under the terms of this Supplemental Agreement No. 2, the City agrees to pay the Engineer for the following engineering services: Phase 300—Design, Construction Contract Documents, and Preconstruction Services A. Preliminary and General Items 1. Remobilize for project including recovering documents from storage and redefining project scope. 2. Meet with Owner's personnel to discuss project modifications. B. Field Surveys l. Provide through a subcontract,the services of a land surveyor to survey the revised alignment. C. Construction Contract Documents 1. Modify and append the original specifications and drawings to include the revised alignment. 2. Add taps to homes within the Twin Lakes Subdivision. Revise drawings and specifications. D. Permit Acquisition 1. Revise and resubmit permits to include the additional and revised waterline. Phase 400- Preaward Services There will be no further work required for preaward services due to the nature of this project. 1 mn4.1.99 Phase 500- Construction Phase Services A. Project Administration Engineer will perform project administration services during the construction phase of the • project for the additional waterline and taps in addition to those services specified in the Twin Lakes Water System Improvements Contract. 1. Review of drawings and other data submitted by the Contractor will be expanded to include the waterline taps and additional waterline. Section II—Compensation As compensation for the services described by this Supplemental Agreement No. 2, the City agrees to pay the Engineer an amount equal to the Engineer's salary cost times 2.80 plus reimbursable expenses at costs up to the following: Item Original Suppl. Suppl. Revised Value No. 1 No. 2 Total Twin Lakes $87,500 $21,500 $27,000 $136,000 Billing procedures and all other items pertaining to compensation not specifically addressed by this Supplemental Agreement shall remain as described in Attachment B of the original agreement. Section III—Other Matters It is mutually agreed and understood that all terms of the original contract not specifically revised by this Supplemental Agreement No. 2 shall remain unchanged and in full force. IN WITNESS WHEREOF, the parties have executed this Sup�mental Agreement No. 2 on this - ��`rr�, day of ���..�.. , 1999. � � BLACK & VEATCH��P CITY OF CAPE GIRARDEAU CONSULTANT CIT _._ ____> , ,. , ;�f Y,,),, . , _-_.. E , �. . _.,�..�. �.., ., �,_J{ � (,. �;,,,, ��-�-_____..� Title: Pa� � Title: Cit r ATTEST: ATTEST: � �`' �� �_ � r_, , ' �-- , � ; , / ,z._ � �.� ��' l �x i Title: Project Engineer Title: City Cl k ' 2 " ..... ...��� ,' m n4.1.99 '`�4� �,..,:� ,�.