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HomeMy WebLinkAboutRES.712.04-06-1992 t ��-� r. r-�_ � ! BILL NO. 92-67 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BLACK AND VEATCH, CONSULTING ENGINEERS, FOR INVESTIGATION OF THE WATER SYSTEM 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 enter into an Agreement with Black and Veatch, Consulting Engineers for investigation of the water system as part of the preparation for purchase of the system from Union Electric Company. A copy of said agreement is attached to this Resolution and made a part hereof. " �? �,� PASSED AND ADOPTED THIS � .��1� DAY OF C � ,��'��� � l� , 19 /" . � rancis E. Rhodes, Mayor ATTEST: �� � ,,i �� ) � � �.���'�'�� � - �� � _____ �� � ,_ Juli�> A. Dale, Deputy City Clerk AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, between the City of Cape Girardeau, Missouri (Owner) and Black & Veatch, Kansas City, Missouri (Engineer) ; W I T N E S S E T H : WHEREAS, Owner intends to have a Master Plan developed for the City of Cape Girardeau water supply, treatment and distribution system; and have one copy of a hydraulic analysis computer program for use with the � City' s water distribution system procured, developed, and installed on the City' s computer system (the Project) ; and, WHEREAS, Owner requires certain engineering services in connection with the Project (the Services); and, WHEREAS, Engineer is prepared to provide 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 shall be ��h�Ji g, /���.. � ARTICLE 2 - GOVERNING LAW This Agreement shall be governed by the laws of the state of Missouri. 04/03/92 1 ARTICLE 3 - SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Services described in Attachment A, Scope of Services, except for all tasks listed under Section IV, Seismic Risk Analysis. The tasks listed under Section IV, Seismic Risk Analysis, will be performed by the Engineer if Notice to Proceed is provided by Owner on or before September 1, 1992. Engineer's fee for performing the tasks listed under Section IV will be in accordance with Attachment B, Compensation, Section A, Engineering Services. 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. Engineer shall reperform the Services which fail to satisfy this standard of care. No 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 04/03/92 2 caused by its negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are caused by the joint or concur- rent negligence of Engineer and Owner, such liability shall be borne by each party in proportion to its own negligence. 7.3 Emplovee 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. 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 Limitations of Liabilitv. To the fullest extent permitted by law, Engineer's total liability to Owner for all claims, losses, damages, and expenses resulting in any way from the performance of the Services shall not exceed the total compensation received by Engineer under this Agreement. 7.6 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 not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate. (2) Automobile Liability Insurance, with a combined single limit of not less than $1,000,000 for each person and not less than $1 ,000,000 for each accident. 04/03/92 3 (3) Workers' Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance, with limits of not less than $500,000 for each occurrence. (4) Professional Liability Insurance, with limits of not less than $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. Engineer and Owner each shall require its insurance carriers to waive all rights of subrogation against the other and its directors, officers, partners, commissioners, officials, agents, and employees for damages covered by property insurance during and after construction. A similar provision shall be incorporated into all construction contractual arrangements entered into by Owner and shall protect Owner and Engineer to the same extent. ARTICLE 9 - REUSE OF DOCUMENTS Al1 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 such reuse. Any verification or adaptation of documents will entitle Engineer to additional compensation at rates to be agreed upon by Owner and Engineer. . 04/03/92 4 ARTICLE 10 - 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 11 - 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 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. 04/03/92 5 ARTICLE 12 - COMMUNICATIONS Any communication required by this Agreement shall be made in writing to the address specified below: Engineer: Mr. Rodney S. Mrkvicka Assistant Project Manager Black & Veatch 8400 Ward Parkway Kansas City, Missouri 64114 Owner: Mr. J. Ronald Fischer City Manager City of Cape Girardeau, Missouri 401 Independence Street Cape Girardeau, Missouri 63702-0617 � Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Engineer and Owner. ARTICLE 13 - 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. ARTICLE 14 - 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. 04/03/92 6 ARTICLE 15 - 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 16 - 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, assigns, and legal representatives of such other party in respect to all � provisions of this Agreement. ARTICLE 17 - 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. ARTICLE 18 - THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and Engineer. 04/03/92 7 IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement. Citv of Cape Girardeau, Missouri Black & Veatch Owner Engi eer By-�'�/ �d'' By J. Ronald Fischer ack W. Keller Title Citv Manaper Title Partner Date �� �', ���� Date �.-3 --�..Z- . Attest: Jul S. Dale Dep City Clerk A roved as to For it of C e Girardeau Missouri By: � � ' W r n L.`We ls Title: Citv Attorney Date: ' �, �/%� , � 04/03/92 8 ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Cape Girardeau, Missouri Engineer: Black & Veatch Project: Water System Master Plan DESCRIPTION OF SCOPE OF SERVICES The Scope of Services for this engineering evaluation of the Cape Girardeau water treatment and distribution systems is as follows: I. Data Gathering and Research A. Conduct an initial meeting between Black & Veatch and the City to , confirm the scope of the evaluation and exchange information. B. Conduct interviews to obtain information on the existing water system, including maps, past reports, and PSC documents. C. Provide a data request memorandum to the City to identify data necessary to the analysis, and review the available information. D. Inspect observable water distribution system facilities to provide a basis for appraisal and for evaluation of impact on the computer hydraulic analysis. II . Facilities Description and Performance Evaluation A. Review information on past and preliminary 1990 U.S. Census population for the study area. Determine the 1990 population by planning area for assignment to the computer model . Review available population projections and determine design populations for years 1997 (5-year projection) and 2012 (20-year projection) . B. Review information on past average day and maximum day water use. Determine past maximum hour demands from operator logs. Determine the historical and design demand ratios. C. In each meter route or comparable area, determine the recent average day metered sales by use classification for assignment to the computer model . Determine the historical and design unaccounted-for water ratio. 040392 A-1 D. Estimate for current design conditions, year 1997 and year 2012, the average day, maximum day, and maximum hour water demands. E. Update the computer model of the distribution system, which was prepared for the 1982 Report on Water Distribution System, to represent the existing network and demand allocation. The updated model will be prepared using the CYBERNET computer program. F. Establish operating assumptions for the analysis. G. Conduct hydraulic analyses for calibration under actual 1990 conditions. Prepare a brief inemorandum to summarize the preparation of the computer model , and provide five copies to the City. H. Conduct design year analyses to determine system performance under maximum hour, maximum day, and replenishment conditions. Conduct additional analyses to determine the system improvements required to correct deficiencies. I . Review the current Insurance Services Office (ISO) report on fire protection for the City. Evaluate the ISO recommendations with regard to improvements needed to improve the current rating. Conduct hydraulic analyses to determine improvements which may be required to provide Needed Fire Flow to locations reported by ISO as having deficient fire flow. III . Recommended Improvements A. Identify treatment facilities improvements required for compliance with current and pending regulations. These improvements will consist of the additional facilities identified in the Water System Evaluation prepared in 1991 , as follows: • Additional Cape Rock plant filters, or filter rehabilitation, to meet SWTR (Surface Water Treatment Rule) turbit standards and MDNR (Missouri Department of Natural Resources� hydraulic loading standards. • Cape Rock plant clearwell and/or chemical addition improvements to meet SWTR disinfection requirements. • Assistance in obtaining a ruling from N1DNR regarding whether modifications to eliminate potential cross-connections in the Cape Rock plant will be required. • Potential needs for Cape Rock plant turbidity and disinfection residual measurements and instrumentation. • Assistance in obtaining a ruling from MDNR to determine whether the Ramsey Branch well water supply will be considered under the influence of surface water. 040392 A-2 B. Identify distribution, pumping, and storage improvements required by each design year to supply domestic and fire flow requirements. C. Prepare probable cost opinions for proposed improvements. D. Prepare a comprehensive exhibit showing the recommended improvements. IV. Seismic Risk Analysis A. Conduct a one-day site investigation of the existing structures on the treatment plant site. B. Investigate available information on the geology of the study area including the location of faults, zones of landslides, lateral spreading, and liquefaction. � C. Review the available geotechnical information for the sites with � respect to seismic risk and performance. D. Identify critical water distribution system elements in relation to geologic hazards. E. Conduct a literature research to identify reported performance and modes of failure of water distribution system components during earthquakes. F. Discuss changes in seismic design theory and building code requirements which may impact the existing facilities. G. Identify elements of the facilities which are likely seismic risks and which may require retrofit work. Point out potential problems with possible significant cost impact. H. Furnish guidance on establishing priorities for accomplishing seismic retrofit work. V. Report Preparation A. Conduct a meeting with the City' s staff to review the study findings. Provide data files and worksheets from the final hydraulic analysis. B. Prepare a life cycle analysis to compare replacement of deficient distribution facilities vs. a scheduled repair program. 040392 A-3 C. Prepare and submit five copies of a draft report of the findings and recommendations of the study. Following receipt of the City's review comments, submit thirty copies of the final report. VI . Other Requirements A. Prepare and provide one public presentation of the report findings and recommendations. B. Provide one copy of the CYBERNET hydraulic analysis computer program and users manual , 1 ,000 pipes version. Install the program and data files developed for this project on the City's IBM PC compatible computer. The program and training will be provided after the model is calibrated under task II.B.l.g. C. Provide one day of training for City personnel regarding use of the � CYBERNET computer program and the computer model . D. Prepare and provide mylar copies of the maps and exhibits used in the final report. VII. Supplemental Services A. Any work requested by the Owner that is not included in one of the items listed herein will be classified as supplemental services. B. Supplemental services shall include but are not limited to: 1. Additional meetings with local , State, or Federal agencies to discuss the project. 2. Appearances at additional public hearings or before special boards. 3. Supplemental engineering work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this Agreement. 4. Special consultants or independent professional associates requested or authorized by the Owner. 5. Provision, through a subcontract, of laboratory and field testing required and any special reports or studies requested by the Owner. 040392 A-4 ATTACHMENT B TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Cape Girardeau, Missouri Engineer: Black & Veatch Project: Water System Master Plan COMPENSATION For the services covered by this Contract, the Owner agrees to pay the Engineer as follows: A. For Engineering Services and procurement of computer software required for the completion of the Cape Girardeau Water System Master Plan and Computer Program Installation, as determined by the Owner, and as described under Attachment A, Sections I , II , III , V, VI , and VII , an amount equal to the Engineer's salary costs times 2.80 plus reimbursable expenses at cost with no markup. The maximum billed for these services shall not exceed $62,910 without further authorization. B. For Engineering Services required for the completion of the tasks as described under Attachment A, Section IV, an amount equal to the Engineer' s salary costs times 2.80, plus reimbursable expenses at cost with no markup. The maximum billed for these services shall not exceed $5,180 without further authorization. These tasks may be included in this contract for the billable amount listed above if Owner provides Engineer a Notice to Proceed on this work on or before September 1 , 1992. If the start of these services are not authorized by the date given above, it is understood and agreed that the total costs for this task may be adjusted accordingly by a supplement to this agreement. C. For supplemental services as described under Attachment A, 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. Additional amounts for supplemental services may be authorized, if necessary, as the work progresses. D. The following expenses are reimbursable under payroll multiplier salary multiplier cost plus fixed fee work items: l. Travel , subsistence, and incidental costs. 040392 B�1 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 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. E. Partial periodical payments shall be made to the Engineer every four weeks 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. The entire amount of each statement shall be due and payable upon receipt by the Owner. F. That the Engineer shall start the performance of the services listed in this agreement and listed in Attachment A within ten days of receipt of notice to proceed and shall complete the tasks as given below: • Computer Program Installation. If Owner provides a Notice to Proceed to Engineer on or before April 10, 1992, Engineer will provide completed computer model and training by June 1 , 1992. • Facility Improvements. If Owner provides a Notice to Proceed to Engineer on or before April 10, 1992, Engineer will provide a letter report covering all tasked listed in Appendix A, Item IV by June 1, 1992. • Water System Master Plan. If Owner provides a Notice to Proceed to Engineer on or before April 10, 1992, Engineer will provide the completed Water System Master Plan by November 1, 1992. 040392 B-2 ATTACHMENT C TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Cape Girardeau, Missouri Engineer: Black & Veatch Project: Water System Master Plan OWNER'S RESPONSIBILITIES 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: a. Raw water characteristics. b. Finished water quality and characteristics. c. Facility operating records, including quantity and pattern of raw water processing, finished water discharge, system pressures, pump station capacities, and operational patterns. d. Complaints from the public or from operators or employees regarding the facilities, operations, or use. e. Utility service contracts and schedules. 2. Access to public and private property when required in performance of the Engineer's services. 3. 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 distribution system, water pump stations, water treatment facilities, water supply facilities, well field, water transmission facilities, system-wide instrumentation, control and electrical systems, computer facilities, and general overall facilities operation. 040392 C-1 AMENDMENT N0. 1 TO THE AGREEMENT FOR ENGINEERING SERVICES DATED APRIL 3, 1992 THIS AMENDMENT, made and entered this �,��ay of �,w„v , 1992, by and between the City of Cape Girardeau, Missouri , hereinafter called the Owner, and Black & Veatch, hereinafter called the Engineer; WHEREAS, the agreement dated April 3, 1992 set out the scope of services and the basis of payment to prepare an engineering evaluation of the Cape Girardeau water supply and distribution systems for the City of Cape Girardeau, Missouri , and; WHEREAS, the Engineer agreed to perform services described in Attachment A of the Agreement, and WHEREAS, Attachment B of the Agreement, Paragraph B, provides that each item of supplemental services shall be specifically authorized by the Owner, and a maximum billing amount shall be established before the work is authorized, and; WHEREAS, it has now been determined that supplemental engineering services are required by the Engineer as requested by the Owner; therefore, the Engineer agrees to perform these additional engineering services for the Owner in accordance with the scope of services and payment as set out hereinafter; AND FURTHER THAT the supplemental services to evaluate water supply to the Twin Lakes subdivision will consist of the following services: 1. Review available information regarding the project. Estimate present and future population and water requirements. 2. Prepare layout drawings showing the water system facilities to provide Phase I water service. Phase I service is to provide water supply to the subdivision boundary, with minimum improvements within the subdivision. Fire protection service is not included in Phase I. 3. Prepare layout drawings showing the water facilities to provide Phase II water service. Phase II service is to include improvements within the subdivisiot� bour�dary as needed to provide fire protection. 4. Prepare probable cost opinions for the proposed improvements. 5. Prepare a letter to summarize the results of the evaluation and provide five copies to the City. W3AS061092 1 NOW THEREFORE, The Owner agrees to pay the Engineer to perform supplemental services outlined herein for a fee not to exceed Three Thousand Dollars, ($3,000) . The fee shall be paid in accordance with the provisions outlined in Attachment B, Compensation, Paragraph B, Supplemental Services of the original Agreement. It is also understood that the provisions of the original agreement dated April 3, 1992, shall remain in full force and effect except as modified or revised by the provisions of this Amendment. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. CITY OF CAPE GIRARDEAU (Owner) By�Y�_i� .���,-�Nn. ,!� Title ` BL K & VEATCH (Engineer} gy vlr'V �, ack W. Keller Title Partner W3AS061092 Z