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2. Contract Approval - Willows SubdivisionPublic Works Department 11!! "IV l fI I V A TO: Doug Russell, City Manager'�X— FROM: Susie Turner, P.E. Public Works Director/City Engineer SUBJECT: Willows Stormwater Improvement Project -Engineer Contract for Services Approval Recommendation MEETING: December 17, 2012 BACKGROUND: Attached is a contract for engineering services for the Willows Stormwater Improvements. The contract with Morrison Maierle, Inc., the approved Engineer of Record, establishes the scope of services required for the analysis, design, permitting, construction documentation, construction administration, and State Revolving Fund (SRF) documentation. STAFF RECOMMENDATION: Public Works Department staff recommends the approval of the attached Contract and Scope of Services. ACTION REQUESTED: Council approve the Engineer Contract and Scope of Services between Morrison Maierle, Inc. and the City of Kalispell for engineering services. FISCAL EFFECTS: The project will be funded by the Stormwater Assessment Fund, Impact Fees, and the development of a Special Improvement District. ALTERNATIVES: As suggested by the City Council. Respectively submitted, Susie Turner Public Works Director/City Engineer CONTRACT FGR SERVICES THISAGREEMENT for services, dated this day of , 2012, is made between the City of Kalispell (hereinafter referred to as the "City"), of 201 First Avenue East, Kalispell, Montana, and Morrison-Maierle, Inc, (hereinafter referred to as the "Contractor"), of 125 Schoolhouse Loop, Kalispell, MT 59901. RECITALS WHEREAS, the City requires the services of a professional consultant to provide the necessary expertise to provide the hydrologic and hydraulic analysis of the area known as the Willows Subdivision and the associated watershed drainage area located in the City of Kalispell, MT and the design of improvements to the storm water collection, conveyance, detention, and water quality treatment facilities; and WHEREAS, the City caused to be published a request for qualifications and received a number of statements of qualifications, among which was a statement of qualifications from the Contractor which a City committee selected as the most qualified to provide the services for this described project; and WHEREAS, the Contractor has the necessary expertise, training and experience to provide this service to the City and has offered a proposal for services to the City to meet the scope of services required by the City. A copy of the proposal of the Contractor is attached hereto as Exhibit "A" consisting of Task Order # I and Task Order #2, and incorporated fully herein by this reference. NOW THEREFORE the City and the Contractor agree as follows: L Scope of Services: The miscellaneous work included in this project is included in the proposal attached hereto as Exhibit "A". 2e Acceptance of Proposal: The City hereby accepts the proposal for services submitted by the Contractor and the City, including the Unit Cost/Time Charges and Fee Schedule as set forth in Exhibit "A". The Contractor agrees to be bound by the terms of this Proposal. 3. Limitation on Contractor's Damages: In the event of a claim for damages by Contractor under this Contract, Contractor's damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. CONTRACT FOR SERVICES Page 1 of 4 41. Evidence of Workers' Compensation Coverage. Contractor hereby certifies that contractor is covered by a Workers' Compensation insurance program with the State of Montana, a private insurance carrier, or an approved self-insurance plan in accordance with Montana State law and acknowledges that the City has no liability for contractor's_ workers' compensation insurance or claims. Contractor shall provide evidence of such coverage to the City prior to City's execution of the agreement. 5. Liability Insurance. Contractor hereby certifies that it has and shall maintain during the time period of this Agreement, liability insurance in the minimum amount of $1,000,000.00 per occurrence and $750,000.00 per person, that includes liability for accidents occurring during contract or at the project site that are attributable to the contractor or its agents' conduct. bo General Indemnity: City agrees to defend, indemnify and hold harmless Contractor against any claims, obligations and liabilities arising from or related to the performance of project services under this Agreement, and resulting from City's negligent act or omission. Contractor agrees to defend, indemnify and hold harmless City against any claims, obligations and liabilities arising from or related to the performance of project services under this Agreement, and resulting from Contractor's negligent act or omission. 7. Delay Of Services: If Contractor's services under this agreement are delayed for reasons beyond Contractor's control, the City will be contacted and the time of performance shall be adjusted appropriately. If the services under this Agreement are delayed for a period of more than ninety (90) days the fees shall be subject to renegotiations and will apply only to the unfinished services as of the effective date of such change, except where the services provided are under a continuous service contract for more than one year 8. Waiver: Any failure by either party to require strict compliance with any provision of this contract shall not be construed as a waiver of such provision, and either party may subsequently require strict compliance at any time, notwithstanding any prior failure to do SO. 9. Non -Discrimination. Contractor will not discriminate against any employee or applicant for employment because of race, creed, religion, color, sex or national origin, or because of age, physical or mental disability or marital status. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, religion, color, sex, national origin or because of age, physical or mental disability or marital status. Such action shall include, but is not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. CONTRACT FOR SERVICES Page 2 of 10. Dispute Resolution: Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior -level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. If the parties are unable to resolve the dispute within thirty (30) days from date the dispute was first raised, then -such dispute shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Contract. IL Headings: The headings used in this Contract are for convenience only and shall not be construed as a part of the Contract or as a limitation on the scope of the particular paragraphs to which they refer. 11 Severability: If any portion of this Contract shall be held to be void or unenforceable, the balance thereof shall continue to be effective. 13. Applicable_ Law: The parties agree that this Contract shall be governed in all respects by the laws of the State of Montana and the parties expressly agree that venue shall be in Flathead County, Montana, and no other venue. 14. Binding Effect. This Contract shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 15. Amendments: This Contract shall not be modified, amended, or changed in any respect except by a written document signed by all parties. 16. No Third Party Benefici : This Contract is for the exclusive benefit of the parties and shall not constitute a third party beneficiary agreement and shall not be relied upon or enforced by a third party. 17. Counterparts: This Contract may be executed in counterparts, which together shall constitute one instrument. is. Assignment: Contractor shall not assign this Contract in whole or in part without the prior written consent of the City. No assignment shall relieve Contractor of its responsibility for the performance of the Contract and the completion of the Contract. Contractor shall not assign to any third party other than Contractor's subcontractors on the Contract, the right to receive monies due from the City without the prior written consent of City. 19. Au,.thority: Each party represents that it has full power and authority to enter into and perform this Contract and the person signing this Contract on behalf of each party has been properly authorized and empowered to sign this Contract. 20. Independent Contractor: The parties agree and acknowledge that in the performance of this Contract and the completion of the Contract, Contractor shall render services as an CONTRACT FOR SERVICES Page 3 of 4 independent contractor and not as the agent, representative, subcontractor, or employee of the City. The parties further agree that all individuals and companies retained by Contractor shall at all times be considered the agents, employees, or independent contractors of the Contractor and shall at no time be the employees, agents, or representatives of the City. 21. I_ntegration: This Contract and all Exhibits attached hereto constitute the entire agreement of the parties. There are no understandings between the parties other than as set forth in this Contract. All communications, either verbal or written, made prior to the date of this Contract are hereby abrogated and withdrawn unless specifically made a part of this Contract by reference. IN WITNESS WHEREOF, the City and Contractor have signed 2 copies of the Contract. CITY OF KALISPELL Morrison-Maierle, Inc. B y B y Doug Russell Authorized Agent City Manager Address for giving notices: Address for giving notices: P.O. Box 8057 P.Q. Box 1997 Kalispell, MT 59904 Kalispell, MT 59903-1997 CONTRACT FOR SERVICES Page 4 of 4 Exr�-Ibft A TASK ORDER NUMBER ONE AGREE, MENT TO FURNISH ENGINEERING SERVICES to CITE' OF KALISPELL for THE WILLOWS DRAINAGE IMPROVEMENTS PROJECT This Task Order provides for professional engineering services to be performed by MORRISON-MAIERLE, INC. (hereinafter the Engineer), for the CITE' OF KALISPELL (hereinafter the Owner), in accordance with Article 1 of the Agreement to Furnish Engineering Services to CITE' OF KALISPELL for THE WILLOWS DRAINAGE IMPROVEMENTS PROJECT, dated the day of , 2012 (hereinafter the Agreement). All provisions of the Agreement are incorporated by reference. This Task Order represents an authorization to proceed with the scope of services, schedule, and compensation described herein. This Task Order, when executed by both parties, shall become a supplement to and part of the basic Agreement. ART' CLIE L SCOPE OF SERVICES The Engineer agrees to furnish the following professional engineering services in connection with THE WILLOWS DRAINAGE_ IMPROVEMENTS PROJECT, hereinafter referred to as the Project. This Project consists of constructing improvements to the Willows Stormwater System as recommended in the Stormwater Drainage Report prepared by Morrison-Maierle, Inc. in February 2012. This project will address the immediate needs of the stormwater system, including but not limited to improvements to meet current City Design and Construction Standards for the detention pond, pond outlet structure, outlet pipe, water quality treatment facility, flood control, and offsite stormwater runoff utilizing the natural drainage area in correspondence with the Willows Subdivision. A. DRAINAGE ANALYSIS PHASE Under the Drainage Analysis Phase, Engineer shall: 1. Prepare Preliminary Engineering Report (PER) as outlined by the State Revolving Fund (SRF) loan program specifically for this project, including the requirements for the environmental assessment. 2. Revise the Uniform Application based on requirements of the SRF program. Complete the Uniform Environmental Checklist and send out agency correspondence Ietters. 4. Conduct one (1) public meeting to meet SRF requirements for the project. 5. Attend miscellaneous conference calls with SRF, the City, and Bond Counsel. 6. Field Survey. Provide necessary field surveys and topographic and utility mapping for design purposes. Engineer will survey all underground utilities identified in the construction zone and include locations as a part of the final design. Utility mapping will be based upon information obtained from utility owners. If underground utility locating is required, the Engineer will coordinate with the Owner to expose the utility to be surveyed. 7. Review As -built Drawings. The Owner will provide all relative as -built drawings to the Engineer for review, As -built information will be incorporated into the design. 8. Wetland Assessment. Provide a Wetland Assessment in accordance with the City of Kalispell Stormwater Quality Management Plan and the SRF program. 9. Conduct a Pre -Design Conference. The Engineer shall arrange and attend a Pre -Design Conference with the Owner. The purpose of the meeting is to discuss project design details, design options and recommendations, and establish the project design and construction schedules. The Engineer shall formulate a meeting itinerary with the plan sheets and preliminary sketches necessary to conduct the meeting in an organized and professional manner. 10. Prepare a Project Staffing and Scheduling Plan. Before beginning the design phase, the Engineer will develop a Project Staffing and Scheduling PIan. This plan shall include developing a detailed breakdown of project tasks and their associated completion schedules. In addition, the project team required to complete each task shall be determined and assigned. The completed Project Staffing and Scheduling Plan shall be monitored by the Engineer to track the progress of the project. If the project begins to fall behind schedule the staffing will be reassessed to determine what personnel shifts can be made to get the project back on schedule. 11. Prepare a Drainage Submittal. The Engineer will evaluate the entire subdivision and interrelated drainage watershed and prepare a Drainage Submittal in accordance with the City of Kalispell Standards for Design and Construction, Section 3, The Drainage Submittal shall include a Drainage Report. The Drainage Report will include the following items: ® Project Description * Geotechnical Information ® Pre -Development Basin Information Post -Development Basin Information ® Wetland Analysis ® Down -Gradient Analysis ® Methodology Water Quality Treatment Results * Operational Characteristics * Off -Site Easements 2 Figures — The Drainage Rep®rt shall contain a Basin Map. Both a pre - development and post -development basin reap shall be provided. The minimum elements required include the following- * Vicinity Map, project boundaries, and section, township, and range; o Basin Limits — Basin limits shall include on -site, off -site, and bypass areas contributing runoff to or from the project. o Drainage Basins o Time of Concentration routes, with each segment clearly labeled and correlated with calculations; o Labeled topographic contours; o Any and all drainage ways; o Floodplain Limits, as defined by FEMA; o Any geologically hazardous areas; o Footprint of proposed drainage facilities; o North Arrow and Scale; o Existing and proposed easements, parcel land, open space, parkland; and, o Adjacent Streets. o Other Figures — the following other figures are to be included: Site Photos; Soils maps; Any graphs, charts, nomographs, maps, or figures sued in the design. 12. Geotechnical Investigation. The Engineer and the Owner have discussed the need for a Geotechnical Investigation and Geotechnical Site Characterization, Section 4 of Standards for Design and Construction. It was determined by the Owner that neither of these items are required for this project. No work is included at this time to perform either of these. if requested, the Engineer can include this work at a later time and an additional task order will be executed for this work. 13. Prepare Hydrologic and Hydraulic Analysis. The Engineer will present calculations, in a logical format, showing all assumptions, input and output data, and variables used. Basins and design storm events will be clearly identified. Typical calculations include, but are not limited to: Hydrologic/Hydraulic calculations including pre- and post -developed peal{ rate and volume calculations, routing calculations and modelling, design information for outflow structures, orifice information, pond volume rating table or pond volume calculations, watershed interrelated runoff in association with the natural drainage swale, etc.; ® Time of concentration calculations; ® Curve Number (CN) or runoff coefficients (C); o Water Quality treatment calculations: * Inlet capacity and bypass calculations; o Detention/Retention storage capabilities, ® Calculations for ditches and natural drainage ways; Culvert and pipe calculations; 91 o Non -flooded width calculations for curbs and gutters; and, * Energy dissipation calculations. 14. Preliminary Engineering Design for the Project. The Engineer will perform preliminary engineering calculation and prepare schematic plans for the entire project. This preliminary engineering will include design options as discussed in the Pre -design Conference. Additionally, this preliminary engineering will prepare construction cost estimates based upon the schematic plans for each option. This preliminary engineering will allow the Owner and the Engineer to review the overall plans for the entire project and to pick the preferred option. The Engineer will furnish 2 review copies (paper and electronic copy) of the Preliminary Design Phase documents and any other deliverables to Owner within 60 calendar days of authorization to proceed with this phase, and review them with Owner. Within 30 calendar days of receipt, Owner shall submit to Engineer any comments regarding the Preliminary Design Phase documents and any other deliverables. 15. Revise the Preliminary Design Phase documents and any other deliverables in response to Owner's comments, as appropriate, and furnish to Owner two (2) copies (paper and electronic copy) of the revised Preliminary Design Phase documents, and any other deliverables within 30 calendar days after receipt of Owner's comments. 16. Permitting. The Engineer will prepare a list of permits that will be required once the preliminary design is complete. This list will show the type of permit, required information and timeline for receiving the permit, and who's responsible for acquiring the permit. The Engineer will prepare applicable permit applications, technical criteria, written descriptions, and design data for Owner's signature for permit submittals of governmental authorities having jurisdiction to review or approve the final design of the Project assist Owner in consultations with such authorities; and revise the Drawings and Specifications in response to directives from such authorities. ARTICLE 2. SCHEDULE It is anticipated that those services listed above under Article 1, Scope of Services, are to be completed during the time period from the day of , 2012 to the 3 1 " of March, 2013. ARTICLE 3. COMPENSATION A. BUDGET The budget for those services described above under Article 1, Scope of Services, shall be paid on a lump sum basis in the amount of $25,500.00, as evidenced by the attached "Schedule of F. Estimated Costs." The Engineer cost per task shall not exceed the specific amount unless written approval by the Owner is achieved prior to submitting for payment. DATED this ____ _ day of _ , 2012. CITE' OF KAL.)ISPEL,L. Title: MORRISON-MATER,E9 RNC. By ,pj Mice Presi&nt THE WILLOWS DRAINAGE IMPROVEMENT PROJECT SCHEDULE OF ESTIMATE© COSTS TASK ORDER NO. 1 Task 1: Person Days Work Item/Subtask Principal Project Manager Design Engineer Engineer Tech RPR Surveyor Admire Specialist Total Personal Days Preliminar Design Phase 1 5 14 4 4 2 30 Total Person -Days 1 S 14 4 4 2 30 . 0 Total Person Hours 8 40 112 32 0 29 16 237 Labor Cost Per Employee $1,200 $4,800 $I 1,200 $2,600 $0 $2,900 $1,000 $23,700 Task 1: Other Expenses Direct Expenses Items Cost Mileage $390 Technology Charge $1,300 Equipment $65 Printing/Postage $55 Total $1,800 Task I: Summary of En ineering Services Subtotal Direct Labor Costs $23,700 Subtotal Direct Expenses $1,800 Total Engineering Fee $25,500 ExhlbAt A TASK EMBER NUMBER TWO— A GRZEM,ENT TO FU- RNLSH ENGENEERLNG SERVECES t0 CITY OF KALIiSPELL faLr T'LfE VV TL L GVIS DI-AIN, AGE iMPR,0 VEM.ENTS PROJFECT This Task Order provides for professional engineering services to be performed by MO ISON-MAIERLE, INC. (hereinafter the Engineer), for the C%TY OF VL&LIISPELL (hereinafter the Owner), in accordance with Article 1 of the Agreement to Furnish Engineering Services to CRT Y OF KA- LESPELL for THE CVILLOWS MAUNAGE IMF7---GVEMENTS PRO ECT, dated the day of , 2012 (hereinafter the Agreement). All provisions of the Agreement are incorporated by reference. This Task Order represents an authorization to proceed with the scope of servic�lls, schedvile, and compensation described. herein. This Task Order, when executed by both parties, shall become a supplement to and part of the basic Agreement. A-RTI-CLE io SC07, Z COE SCARVl[CES The Engineer agrees to furnish the following professional engineering services in connection with THE YELLOWS DRAffNAGE IMPROVEMENTS PR -as 1CT, hereinafter referred to as the Project. This Phase of the project consists of designing, providing bid documentation, and professional services for a storrnwa_ter improvement system as discussed and selected in Task Order One. A. DESIGN PHASE After acceptance by Owner of the Drainage Analysis Phase documents and any other deliverables subject to any Owner -directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: 1. Prepare Design Engineer Resort for the Preferred Option. The Engineer shall prepare a Design Engineering Report prior to or subsequent with, the preliminary plan and specification. The Design Engineering Report serves as the supplement to the design plans and specifications. The engineering report addresses the key elements of the projects design process such as: e Design Data o Hydrologic and hydraulic Calculation o Drainage Areas o Water Quality Treatment o Cost Estimates a Construction Schedules, etc. 2. Prepare Final Drawings and Specifications. The Engineer will prepare Final Drawing and Specifications for the preferred option indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 3. Prepare Contract Documents and Specifications. The Engineer will prepare the Contract Documents and Specifications for the Owner's project. If the Owner does not have their own standard contract documents the Engineer will use their standards. The contract documents include the advertisement for bid, instructions to bidders, proposal, general conditions, supplementary conditions, special provisions, and standard forms. The Engineer will also incorporate the most current version of the prevailing wage rates that they believe are appropriate for this project. The Owner shall review the prevailing wage rates that are selected for publication in the Contract Documents to determine if they agree that they are the appropriate rates for the project. Unless specifically directed by the Owner to replace the gage rates selected, the Engineer will assume that the Owner concurs in the rates chosen. For the specifications the Engineer will incorporate the most current version of the City of Kalispell Standards for Design and Construction and the Montana Public Works Standard Specifications (MPWSS) to the extent possible. The Engineer will supplement the MPWSS specifications with additional technical specifications for work items that are not specifically addressed in the MPWSS. Within 30 days of receipt, Owner shall su'armt to Engineer any �f}iEEi�tents and instruct for revisions. 4. Update Opinion of Probable Cost. The Engineer shall calculate the project bid quantities from the preliminary plans for incorporation into the specifications. After the bid quantities have been computed the Engineer will update the opinion of probable cost based on the calculated preliminary bid quantities. The opinion of probable construction cost should be an estimate of the "average" cost to perform the work not the "low" bid cost. 5. Preliminary Plan in Hand with Client. The Engineer will arrange a Preliminary Plan -in -Hand (PPIH) meeting with the Owner. The purpose of this meeting is to review the plans, specifications, and opinion of probable construction cost and allows the Owner to comment on them. This meeting gives the Owner another opportunity to modify the design, and/or delete work items, or adjust their budget if necessary. Pertinent Owner comments shall be noted in the written meeting notes which will serve as a record of the items discussed at the PPIH and the directives given to the Engineer by the Owner. 6. Submit Preliminary Plans and Specifications for Agency Review and Permit Application. The Engineer shall submit a preliminary set of plans and specifications to all appropriate regulatory agencies and permitting agencies for -review and comments. 2 7. Final Design Changes. After receiving all agency review comments `ilie Engineer shall meet with the Owner to discuss the agency comments received and determine the appropriate design modifications. If the owner disagrees with any of the agencies` comments the Engineer shall personally contact the agency reviewer to discuss the discrepancies. The purpose of the personal contact is to attempt to reach a design compromise which is acceptable to both the agency and the Owner. The final design changes shall be made by the Engineer. 8. Final In -Mouse Review and QA QC Approval. The Engineer will coordinate an in-house Quality Assurance/Quality Control (QA/QC) review of the plans an specification. 9. Final Play? -in -Rand Tweeting. After the QA/QC approval has been received the Engineer will schedule and attend a Final Planin-Land (FPII-I) meeting with the Owner. The main purpose of this meeting is to solicit final design comments and receive authorization from the Owner to advertise for bids. Minutes of the FPIH will be taken by t_1he Engineer. Final design modifications requested by the Owner will be performed by the Engineer. If required, -revise the bidding documents in accordance with comments and instructions from the Owner, as appropriate, and submit two (2) final copies (paper and electronic copy) of the bidding documents, and any other deliverables to Owner within thirty (30) calendar days after receipt of Owner's comments mad instructions. B. n BIDDING to Z'IWARD PHASE After acceptance by Owner of the bidding documents and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by Owner to proceed, Engineer shall: 1. Advertise for Bids. THIS WORK ITEM WILL BE COMPLETED BY THE OWNER. The Owner will coordinate the advertisement for bids in at least two different newspapers for three consecutive weekly advertisernentsThe Laid opening will be scheduled to occur no sooner than five days after the last advertisement and no later than twelve days after the last advertisement. 2. Invitations to Bid. THISWORK_ ITEM/! STILL BE COMPLETED BY THE OWNED. In addition to the Advertisements for Bid, the Owner will send out personal Invitations to Bid to a Iist of Contractors who may be interested in bidding on the project. The Engineer -maintains a current listing of Contractors who perform certain types of work within the State, and will provide to the Owner upon request. 3. Pre -Bid Conference. The Owner shall schedule and conduct a Pre -Bid Conference for the project, which the Engineer will attend. The location and time for the lire -Bid Conference will be clearly stated in the Invitation for Bids and/or Information for Bidders 3 sections of the Specifications. The intent of this conference is to make the Contractors Mly aware of the project requirements. The Owner is responsible for conducting the meeting and the Engineer is responsible for taking meeting notes and answering any technical design related questions. A Pre -Bid Conference Sign -In Sheet shall be circulated amongst the attendees for a record of those persons present. The Engineer will send the Owner a copy of the Pre -Bid Conference Sign -In Sheet, the Pre - Bid Conference Agenda for their review and odits, and the Engineer will send the Owner conference meeting notes. 4. PIanholder's List. THIS WORK ITEM WILL ICE COMPLETED BY TIME OW TER. The Owner will distribute plans and specifications to those Contractors who request them. NG plans and specifications shall be sent to any Contractor who has not supplied the proper deposit. Each set of plans and specifications shall -be numbered sequentially in the order in which they are transmitted. The Owner will maintain a record of the plans and specifications which have been sent to the Contractors, Builder's Exchanges, and the Engineer. This record shall include writing down the Contractor's name and address, plan set number, and deposit received, in the Planholder's List Boob. In addition, the Owner shall maintain a current Planholder`s List which identifies all Contractors and builder's Exchanges which have received plans and specifications. This Pianholder's List shall be updated at least twice a week. I. Issuing Addenda. On some projects it becomes necessary to send out a written addenda to the plans and/or specifications. The addenda serve to make clarifications or changes in the Contract Documents prior to the bid opening. All written addenda issued will become part of the Contract Documents and all bidders shall be. bound by such addenda, therefore a copy of the addenda shall be sent to all planholders on the Planholder List. THE ISSUANCE OF ANY ADDENDA IS THE RESPONSIBILITY OF THE OWNER. The Engineer will prepare any addenda to clarify, correct, or change the bidding documents and sign, for the Owner to issue. 6. Engineer Consultation During Bid Process. During the duration of the bid letting, the Engineer will be available to answer bid related questions, directed to the Engineer through the Owner. The Engineer will provide information or assistance needed by Owner in the course of any negotiations with prospective contractors. Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the bidding documents. 7. Bi�enin . THIS WORK ITEM WILL BE COMPLETED BY THE OWNER. The only bid information that will be read aloud at the bid opening will be the Contractor's name and address, Contractor's registration number, the Contractor's base bid, and additive alternate bids if applicable. A Summary of Bids form shall be distributed to all persons at the E Bid Opening. The Owner shall inform all persons attending the Bid Opening about the information that will be read aloud. Bids which are received after the scheduled Bid Opening time shall be opened and shall be returned to the Contractor unopened. The Owner shall deterfnine when the scheduled time for receiving proposals has closed. The Owner will review all bids _received for bid irregularities. Items to be reviewed include the Bid Bond, math errors in the bid, acknowledgment of receipt of any and all addenda, Contractor's registration number and proper completion of all bid document forms. If irregularities are discovered in the low bidder's package, the Owner shall consult their attorney. o. Bid Tabulations. TIT WORK ITEM WILL BE COMPLETED BY THE OWINTER. The Owner shall prepare the bid tabulations. The Owner is responsible for transferring the unit bid prices and total bid prices shown in the Contractor's bid onto a Bid Tabulation Sheet. Any math errors in the Contractor's laid will he noted on the bid tabulations and the correct figure shown. 9. Award Recommendation. THIS WORK ITEM WILL BE COMPLETED BY THE OWNER. After the Bid Tabulations have been prepared and approved, the Owner shall write a Recommendation ofAward letter. The Recommendation of,4ward letter shall be based on the lowest responsive hid, the absence of any bid irregularities (or in accordance with an Attorney's opinion in the case of bid irregularities), and the ability of the Contractor to perform the work. If the Contractor's qualifications are not known, a Pro -Award Conference may be required prior to the Recommendation of ward. The Owner will conduct any Pre -Award Conference. The intent of a Pre -Award Conference is to determine if the Contractor is qualified to properly complete the work within the allotted construction time. The following topics will be considered in particular: The Contractor's organization and equipment available for the project. e The Contractor's proposed construction schedule. o The Contractor's past performance on similar projects. o The Contractor's proposed wage rates for use on the project. The Contractor's understanding of the plans and specifications. If after the Pre -Award Conference it appears the Contractor is qualified to complete the project, the Owner shall recommend award to the Contractor. If the Contractor does not appear to be qualified, the Owner shall recommend the Contractor's bid be disquali led and the next lowest bidder be considered - or that all bids be rejected and the project be re -bid, whichever their Attorney believes to be appropriate. 2 10, Notice of Award and Executed Contract Documents. TEAS WORK ITEM WILL BE COMPLETED BY THE OWNER. Once a Contractor has been approved by the Owner, the Owner shall transmit a Notice of Award along with three copies of the Agreement between Owner and Contractor to the Contractor. The Contractor should be asked to sign all three copies of the agreement and return theirs to the Owner, along with the required Performance and Payment Bonds, Certificates of Insurance, and Power of Attorney. This set of documents constitutes the Contract Documents. C. CONSTRUCTION PHASE Upon successful completion of the Bidding and Negotiating Phase, and upon Mitten authorization from Owner, Engineer shall: 1. Executed Contract Document review. THIS WORK ITEM WILL BE COMPLETED BY THE OWNER. Upon receipt of the Contract Documents from the Contractor, the Owner shall review the Agreement, Performance Bond, Payment Bond, Certificates of Insurance, Power of Attorney, DBE requirements, and Workers' Compensation Certificate for conformance with the project requirements. Particular attention should be given to the Owners and Engineers Protective Liability portion of the Certificate of Insurance to co rfirrrf that P.PA and the owner are named as "additional insured" to the limits required by the Specifications. If the Owner determines the Contract Documents are acceptable they should be forwarded to the Owner's attorney, for review and acceptance. If the Documents are not acceptable, the Owner shall return them to the Contractor for correction and resubmission. 2. recommendation to revise Contracts. THIS WORK ITEM WILL BE COMPLETED BY THE Oi%r1\dER. The Owner shall present the contract Documents with a Letter of Recommendation for review and sign the Agreement if approved by their attorney. The Owner should sign two filly executed copies of the contract Documents. One copy shall be returned to the contractor, and one copy shall be retained by the Owner. A copy should be made and sent to the Engineer. 3. Preconstruction Conference. The Owner shall schedule a Preconstruction Conference (Pre -Con) with the Engineer, Contractor, subcontractors, and any other applicable representatives. Both the Engineer's Project Manager and the Owner's On -Site Representative shall attend the Pre -Con. The Owner is responsible for conducting the Pre -Con. The Owner and the Engineer shall work together to prepare a Preconstruction Conference Agenda which lists the topics of discussion applicable to the project. 2 The main purpose of the Preconstruction Conference is to introduce and designate responsible personnel, establish the Contractor's proposed construction schedule, claiify the submittal and pay request process, and discuss the major project requirements. 4. Send Minutes of Pre -Con to All Conference Participants. THIS WORK ITEM WILL BE COMPLETED BY THE OWNER. Minutes of the Preconstruction Conference shall be mailed to all conference participants. In addition, the Owner shall transmit a copy of the Preconstruction Conference Agendo, and the Persons Attending form to all attendees. 5. Execute Notice to Proceed. THIS WORK ITEM WILL BE COMPLETED BY THE OWNER. Once the project start-up date has been detemiined, the Owner shall send the Notice to Proceed to the Contractor. The Owner will retain a copy of the Notice to Proceed and provide copies to the contractor and the Engineer for their files. 6. Submittal review Process. The Engineer shall work cooperatively with the Owner on the Submittal reviews. Each set of Project Specifications shall contain a detailed description of ghat submittals are required of the Contractor, low they shall be submitted, how the Engineer will review and respond to the submittals, and who is responsible for the submittals. This detailed description of the Submittal review process should be contained in the Special Provisions or Supplemental Conditions Section of the Project Specifications. The Engineer is responsible for ensuring the submittals received from the Contractor are reviewed and returned well within the time frame allowed in the Specifications. A Submittal Log, shall be maintained and kept current during the course of the Submittal Review process. This Submittal Log will provide a permanent record of when submittals were received by the Engineer, when we returned them, and what actions are required of the Contractor. Each individual submittal received from the Contractor shall be reviewed iad recorded on a Submittal Checklist. This Checklist will be returned to the Contractor with the appropriate number of reviewed submittals attached. if additional comments are required for a particular submittal they should be written down on a Submittal Comment Sheet. Copies of the project Submittal Log, Submittal Checklist(s), and Submittal Comment Sheet(s), shall be retained by the Engineer, with copies submitted to the Owner. 7. Construction Administration and Observation. THIS WORK ITEM WILL BE OUTLINED IN A SEPARATE FUTURE TASK ORDER 3. Final project Ins ec� THIS WORD ITEM WILL BE OUTLINED IN A SEPARATE 7 FUTURE Tti_--SIB ORDER 3. 9. Record Drawings. THIS WORK ITEM WILL BE O€JTLENTED N A SEPARATE FUTURE TASK ORDER 3. AR71 LCLE 2. SCHZI, I iUL E it is anticipated that those services listed above under Article 1, Scope of Services, are to be completed during the time period from the day of , 2012 to the 301h of June, 2013. A2`T CLE, 3. COMPEr. S T-OP4 The budget for those: services described above under Article 1, Scope cf Services, shall be paid on a lump sum basis in the amount of $28,100.00, as evidenced by the attached "Schedule of Estimated Costs." The Engineer cost per task shall not exceed the specific amount unless written approval by the Owner is achieved prior to submitting far payment. DATED this day of , 2012. CE1 Y Or Kik.LZISPELL By:__ Title: Elf0- RMJ S0N—E�41 ff1-7 tLE, YATC. Bx, Z 4_ Vice President THE WILLOWS DRAINAGE IMPROVEMENT PROJECT SCHEDULE OF ESTIMATED COSTS TASK ORDER NO. 2 Task 1: Person Days Work Item/Subtask Principal Project Manager Design Engineer Engineer Tech RPR Surveyor Admin Specialist TOM Personal Days Design Phase 1 2 15 7 2 26 Bidding to Award Phase 1 4 S Construction Phase 1 3 36 _....-- ------ 22 ----- 7 0 _...-0---- Total Person -Days 1- 4 2 34 ' Total Person Hours 4 26 172 56 0 0 14 272 Labor Cost Per Employee $740 $3,140 $17,200 $4,700 $0 $0 $900 $26,600 Task I: Other Expenses Direct Expenses Item Cost Mileage $0 Technology Charge $1,500 Equipment $0 Printing/Postage $0 Total $1,500 Task 1:Summai of Engineering Services Subtotal Direct Labor Costs $26,600 Subtotal Direct Ex enses $1,500 Total Engineering Fee $28,100 E