HomeMy WebLinkAboutRes.3278.08-19-2019 BILL NO. 19-122 RESOLUTION NO. 3,- -7e?
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH BOWEN ENGINEERING
AND LAND SURVEYING, INC. , FOR GENERAL
ENGINEERING AND INFRASTRUCTURE PROJECTS, IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1 . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement with Bowen Engineering and Land Surveying, Inc. , for
general engineering and infrastructure projects, in the City of
Cape Girardeau, Missouri. The Agreement shall be in
substantially the form attached hereto, which document is hereby
approved by the City Council, and incorporated herein by
reference, with such changes therein as shall be approved by the
officers of the City executing the me.
PASSED AND ADOPTED THIS DAY OF iLlt , 2019.
4
Bob Fox, Mayor
ATTEST: C
y City Clerk
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CITY of CAPE GIRARDEAU
DEVELOPMENT SERVICES
CONTRACT
For
Engineering Services
CONSULTANT NAME: Bowen Engineering and Surveying, Inc.
THIS CONTRACT is between City of Cape Girardeau, Missouri, hereinafter referred to as the "City",
and Bowen Engineering and Surveying, Inc., 2121 Megan Drive, Cape Girardeau, Missouri 63701,
Cape Girardeau, Missouri 63701, hereinafter referred to as the "Consultant".
INASMUCH as funds have been made available by the City through various sources, the City intends
to complete general works and infrastructure projects and requires professional engineering, land
surveying, and inspection services. The Consultant, upon the City's request through written Task
Orders, will provide the City with any and all professional services hereinafter detailed for the
planning, design and/or construction inspection of the desired improvements and the City will pay the
Consultant as provided in this contract and subsequent Task Orders. It is mutually agreed as follows:
ARTICLE I - SCOPE OF SERVICES
A. DESIGN PHASE - The Consultant will if requested by the City:
1. determine the needs of the City for the project;
2. conduct topographic, property and utility surveys sufficient to develop plans for the
project;
3. arrange for a qualified geotechnical engineer to complete subsurface investigations if
needed, on a subcontract basis and make recommendations for structure foundations and
pavement sections;
4. arrange for a qualified traffic engineer to perform traffic studies and/or traffic modeling if
needed, on a subcontract basis;
5. conduct hydraulic studies, prepare alternative designs and cost estimates, develop
preliminary plans, and recommend to the City the best overall general design based on
these studies;
6. submit appropriate copies of preliminary plans, estimates and/or studies for review by the
City;
7. prepare detailed construction plans, cost estimates, specifications and related documents
as necessary, including a Stormwater Pollution Prevention Plan (SWPPP) for the purpose
of soliciting bids for constructing the project. Provision will be made in the contract
documents for that portion of the work that will be performed by City's forces;
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CITY of CAPE GIRARDEAU
DEVELOPMENT SERVICES
The City will cooperate fully with the Consultant in the development of the project, including the
following:
A. make available all information pertaining to the project which may be in the possession of the
City;
B. provide the Consultant with the City's requirements for the project;
C. make provisions for the Consultant to enter upon property at the project site for the
performance of his duties;
D. examine all studies and layouts developed by the Consultant and render decisions thereon in a
prompt manner so as not to delay the Consultant;
E. designate a City employee to act as City's representative under this contract, such person shall
have authority to transmit instructions, interpret the City's policies and render decisions with
respect to matters covered by this agreement;
F. perform appraisals and appraisal review, negotiate with property owners and otherwise
provide all services in connection with acquiring all right-of-way and easements needed to
construct this project.
ARTICLE IV - PERIOD OF SERVICE
The Consultant will commence work within two weeks after receiving signed a Task Order and
notice to proceed from the City. The phases of work shall be completed in accordance with the
associated Task Order.
The times are exclusive of review time by other agencies and exclusive of time needed to acquire
right-of-way. The City will grant time extensions for unavoidable delays beyond the control of the
Consultant. Requests for extensions of time should be requested in writing by the Consultant, stating
fully the reasons for the request.
This contract shall remain in effect for five years from the date accepted by the City of Cape
Girardeau City Council.
ARTICLE V- STANDARDS
The Consultant shall be responsible for working with the City in determining the appropriate design
parameters and construction specifications for the project using good Engineering judgment based on
the specific site conditions, City needs, and guidance provided in the most current version of the City
of Cape Girardeau's Standard Specifications and Drawings. If the project is on MoDOT Right-of-
Way, then the latest version of the Engineering Policy Guide (EPG) and Missouri Standard
Specifications for Highway Construction shall be followed.
ARTICLE VI - COMPENSATION
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CITY of CAPE GIRARDEAU
DEVELOPMENT SERVICES
For services provided under this contract, the City will compensate the Consultant as determined in
the Task Order based on Consultant's Charge Out Rates as determined below:
1. Charge Out rates shall include all direct payroll, general and administrative overhead,
specialized equipment costs, payroll taxes, holiday and vacation pay, sick leave pay,
insurance benefits, retirement and incentive pay.
2. Additional work incurred by others on a subcontract basis, said costs are to be passed through
the Consultant on the basis of reasonable and actual cost as invoiced by the subcontractors,
only if required and approved by the City.
METHOD OF PAYMENT — Unless otherwise stated in the Task Order, partial payments will be
made to the Consultant for work satisfactorily completed upon receipt of itemized invoices by the
City.
1. Invoices will be submitted monthly. Invoices submitted on or before the 20th
day of any month shall become due and payable on the 10th day of the
following month. Invoices for each Task Order shall be submitted separately.
2. City's Right to Withhold Payment. In the event the City becomes informed
that any representations of the Consultant provided in its monthly billing, are
wholly or partially inaccurate, City may withhold payment of sums then or in
the future otherwise due to the Consultant until the inaccuracy and the cause
thereof, is corrected to the City's reasonable satisfaction. The Consultant shall
correct or revise any errors or deficiencies in its designs, drawings or
specifications without additional compensation when due solely to
Consultant's negligent acts, errors,or omissions.
PROPERTY ACCOUNTABILITY - If it becomes necessary to acquire any specialized equipment
for the performance of this contract, appropriate credit will be given for any residual value of said
equipment after completion of usage of the equipment.
ARTICLE VII - COVENANT AGAINST CONTINGENT FEES
The Consultant warrants that he has not employed or retained any company or person, other than a
bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has
not paid or agreed to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this contract. For breach or violation of this warranty, the City shall
have the right to annul this agreement without liability, or in its discretion to deduct from the contract
price or consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee, plus reasonable attorney's fees.
ARTICLE VIII - SUBLETTING, ASSIGNMENT OR TRANSFER
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CITY of CAPE GIRARDEAU
DEVELOPMENT SERVICES
No portion of the work covered by this contract, the contract itself, or any Task Order, except as
provided herein, shall be assigned, sublet or transferred without the written consent of the City. The
subletting of the work shall not relieve the Consultant of his primary responsibility for the quality and
performance of the work. The Consultant may engage subcontractors for the purposes of: foundation
and/or geotechnical borings and tests, abstracts of title, archaeological studies, traffic studies, and
environmental studies, if required and approved by the City.
ARTICLE IX - PROFESSIONAL ENDORSEMENT
All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect
the name and seal of the Professional Engineer endorsing the work. By signing and sealing the Plans,
Specifications, and Estimate submittals the Engineer of Record will be representing to the City that
the design is meeting the intent of the program. Any review or approval by the City of any
documents prepared by the Consultant and/or its subconsultants including but not limited to the plans
and specifications, shall be solely for the purpose of determining whether such documents are
consistent with City's construction program and intent and shall not be construed as approval of same
by City. No review of such documents shall relieve Consultant of its responsibility for the accuracy,
adequacy, fitness, suitability, and coordination of its work product.
Consultant shall assign only qualified personnel to perform any service concerning the Project. At
the time of execution of the Task Order, the parties will agree on the Project Manager for the Task.
This person shall be the primary contact with the City's Project Manager and shall have authority to
bind Consultant.
ARTICLE X - RETENTION OF RECORDS
The Consultant shall maintain all records, survey notes, design documents, cost and accounting
records, construction records, and other records pertaining to this contract and to the project covered
by this contract, for a period of not less than three years following final payment by City. Said
records shall be made available for inspection by authorized representatives of the City during regular
working hours at the Consultant's place of business.
ARTICLE XI - OWNERSHIP OF DOCUMENTS
Plans, tracings, maps, and specifications prepared under this contract shall be delivered to and
become the property of the City upon termination or completion of work. Basic survey notes, design
computations, and other data prepared under this contract shall be made available to the City upon
request. All such information produced under this contract shall be available for use by the City
without restriction or limitation on its use. If the City incorporates any portion of the work into a
project other than that for which it was performed, the City shall save the Consultant harmless from
any claims and liabilities resulting from such use.
ARTICLE XII - TERMINATION
The City may terminate the contract at any time by giving written notice. If the contract is terminated
because the project is abandoned or postponed by the City, the Consultant will be paid for actual time
and covered expenses incurred up to the date of termination, plus a pro-rated portion of any fixed fee.
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CITY Of CAPE GIRARDEAU
DEVELOPMENT SERVICES
If the contract is terminated due to the Consultant's services being unsatisfactory in the judgment of
the City, or if the Consultant fails to prosecute the work with due diligence, the City may procure
completion of the work in such manner as it deems to be in the best interest of the City. A Notice of
Termination will be sent to the Consultant and the Consultant shall have a period of ten (10) days to
remedy the cause for termination. The Consultant will be responsible for any excess cost in addition
to that provided for in this contract or any damages the City may sustain by reason of the termination
of this contract due to unsatisfactory performances or prosecution. When Consultant services have
been so terminated, such termination shall not affect any rights or remedies of the City against the
Consultant then existing or which may later accrue. Similarly, any retention or payment of monies
due the Consultant shall not release the Consultant from liability.
ARTICLE XIII - DECISIONS UNDER THIS CONTRACT
The City will determine the acceptability of work performed under this contract, and will decide all
questions which may arise concerning the project. The City's decision shall be final and conclusive.
ARTICLE XIV- SUCCESSORS AND ASSIGNS
Subject to the restrictions on assignments in Article VIII above, the City and the Consultant agree
that this contract and all contracts entered into under the provisions of this contract shall be binding
upon the parties hereto and their successors and assigns.
ARTICLE XV - COMPLIANCE WITH LAWS
The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations
applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination
clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of
obligations under this contract. Consultant shall further comply with the following state law
requirements:
Work Authorization Program. If the Contract is for services expected to cost more than $5,000.00,
the Consultant shall comply with of Section 285.530 RSMo., pertaining to enrollment and
participation in a federal work authorization program (as defined therein) and shall provide
verification through an affidavit (attached as Attachment C) that the Consultant (1) does not
knowingly employ any person who is an unauthorized alien in connection with the Contract and (2) is
enrolled in a federal work authorization program and provide documentary proof thereof. The
affidavit shall contain the notarized signature of the registered agent, legal representative, or
corporate officer of the Consultant including but not limited to the human resources director or their
equivalent.
Proof of Lawful Presence. Section 208.009 RSMo., requires that all applicants at the time of
application for any contract provided by a local government provide "affirmative proof that the
applicant is a citizen or a permanent resident of the United States or is lawfully present in the United
States." Consultant's affirmative proof must be established through (i) a Missouri driver's license,
(ii) any "documentary evidence recognized by the department of revenue when processing an
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CITY of CAPE GIRARDEAU
DEVELOPMENT SERVICES
application for a driver's license," or (iii) "any document issued by the federal government that
confirms an alien's lawful presence in the United States." §208.009.3
ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY
The Consultant agrees to save harmless the City from all claims and liability due to his negligent acts
or the negligent acts of his employees, agents, or subcontractors. The City shall be entitled to recover
its actual attorneys' fees from Consultant for the City's enforcement of this Agreement.
ARTICLE XVII - INSURANCE
The Consultant shall maintain commercial general liability, automobile liability, and worker's
compensation and employer's liability insurance in full force and effect to protect the Consultant
from claims under Worker's Compensation Acts, claims for damages for personal injury or death,
and for damages to property arising from the negligent acts, errors, or omissions of the Consultant
and its employees, agents and subconsultants in the performance of the services covered by this
Agreement, including, without limitation, risks insured against in commercial general liability
policies.
The Consultant shall also maintain professional liability insurance to protect the City against the
negligent acts, errors, or omissions, of the Consultant and those for whom it is legally responsible,
arising out of the performance of professional services under this Agreement.
Unless another amount is agreed to by the City based on the circumstances, the Consultant and his
subconsultants shall procure and maintain during the life of this Agreement insurance of the types
and minimum amounts as follows:
Insurance Type Amount
Worker's Compensation: In full compliance with statutory requirements of
Federal and State of Missouri
Comprehensive General and Professional Liability, $430,000 each person
including: Employer Liability $2,866,000 each occurrence
The Consultant's Protective policy shall name the City as the Insured. Certificates evidencing such
insurance shall be furnished to the City prior to the Consultant commencing the work on this project.
The certificates must state, "The CITY OF CAPE GIRARDEAU is an additional insured". The City
reserves the right to adjust the limit coverage requirements in accordance with changes in the
statutory sovereign immunity limits over the life of this contract to reflect any changes in the limits as
published by the Missouri Department of Insurance in the state register pursuant to RSMo. §537.610.
The Consultant shall, upon request at any time, provide the City with certificates of insurance
evidencing the Consultant's commercial general or professional liability policies and evidencing that
they and all other required insurance is in effect, as to the services under this Contract.
Any insurance policy required as specified in this Article shall be written by a company that is
incorporated in the United States of America or is based in the United States of America. Each
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CITY of CAPE GIRARDEAU
DEVELOPMENT SERVICES
insurance policy must by issued by a company authorized to issue such insurance in the State of
Missouri.
ARTICLE XVIII - FINDINGS CONFIDENTIAL
To the fullest extent permitted by law, all reports, information, data, etc. prepared or assembled by
the Consultant under this contract are confidential, and the Consultant agrees they shall not be made
available to any individual or organization without the prior written approval of the City.
ARTICLE XIX- NONDISCRIMINATION
The Consultant, with regard to the work performed by it after award and prior to completion of the
contract work, will not discriminate on the ground of race, color or national origin in the selection
and retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of
1964, as amended. More specifically, the Consultant will comply with the regulations of the
Department of Transportation relative to nondiscrimination in federally assisted programs of the
Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405
which are herein incorporated by reference and made a part of this contract. In all solicitations either
by competitive bidding or negotiation made by the Consultant for work to be performed under a
subcontract, including procurements of materials or equipment, each potential subcontractor or
supplier shall be notified by the Consultant's obligations under this contract and the regulations
relative to non-discrimination on the ground of color, race or national origin.
ARTICLE XX- ATTACHMENTS
The following exhibits are attached hereto and are hereby made part of this contract:
Attachment A - Charge out rates for 2019, 2020, 2021, 2022, 2023 and 2024
Attachment B - Certification Regarding Debarment, Suspension, and Other
Responsibility Matters- Primary Covered Transactions
Attachment C—Affidavit of Participation in Federal Work Authorization Program
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CITY of CAPE GIRARDEAU
DEVELOPMENT SERVICES
Executed by the Consultant this I (5 day of A u9 T , 20 19
Executed by the City this612D day of Aits/A.S'T , 201
FOR: CITY OF CAPE s • ' I E• 1 a ;;, '- ,.
1-", iv •:, •,- ,
BY: ,
y Manage ScottMe,er �:-�''= ,'
ATTEST: 1'v :i...--, '''
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•
'1
•e City Clerk I �Grve_e;le-ijo,y
FOR: BOWEN ENGINEERING AND SURVEYING, INC.
BY:
Giiyv__:_e:v,/x__,____
Chris Bowen, President
ATTEST: ithik9A..0 aa,L,t,()
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