HomeMy WebLinkAboutRes.3413.06-07-2021 BILL NO. 21-81 RESOLUTION NO. 34-H5
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH COOK, FLATT &
STROBEL ENGINEERS, P.A. , FOR THE
TRANSPORTATION TRUST FUND 6 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 a
General Services Agreement with Cook, Flatt & Strobel Engineers,
P.A. (CFS Engineers) , for the Transportation Trust Fund 6
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
same.
PASSED AND ADOPTED THIS 7th DAY OF June , 2021 .
Bob Fox, Mayor
ATTEST:
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Gayle Conrad, City Clerk =.r - '<4„, �
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CITY of CAPE GIRARDEAU
DEVELOPMENT SERVICES
CONTRACT
For
Transportation Trust Fund 6 (TTF6) Projects
CONSULTANT NAME: Cook, Flatt & Strobel Engineers, P.A. (CFS Engineers)
THIS CONTRACT is between City of Cape Girardeau, Missouri, hereinafter referred to as the "City",
and Cook, Flatt & Strobel Engineers, P.A., 1421 E. 104t1i Street, Suite 100, Kansas City, MO 64131,
hereinafter referred to as the "Consultant".
INASMUCH as funds have been made available by the City through Transportation Trust Fund 6, the
City intends to complete the Transportation Trust Fund 6 projects and requires professional 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 subsurface investigations if needed, and make recommendations for structure
foundations and pavement sections;
4. perform traffic studies and/or traffic modeling if needed;
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;
secure adequate property title information, determine right-of-way requirements, prepare
right-of-way plans, legal descriptions, and exhibits, and assist the City in acquiring the right-
of-way deeds and necessary easements needed for the project;
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9. ensure compliance with water quality requirements by coordinating with the Missouri
Department of Natural Resources and the U.S. Army Corps of Engineers and also ensure
compliance with the requirements of the Federal Emergency Management Agency
(FEMA);
10. ensure compliance with historic preservation requirements through coordination with the
Missouri Department of Natural Resources, and if deemed necessary, arrange to have the
site examined by a qualified archaeologist on a subcontract basis;
11. ensure compliance with all regulations in regards to noise abatement and air quality, if
necessary; and
12. after making final corrections resulting from reviews by agencies involved, provide the City
with the appropriate sets of completed plans, specifications, studies and/or cost estimates
for the purpose of obtaining construction authorization from the City.
B. BIDDING PHASE - If requested by the City, the Consultant will assist the City in advertising
for bids and evaluating bids.
Bids Exceeding, Cost Estimate: If all bids exceed Consultant's Estimate, due to error or
negligence on the Consultant, the Consultant shall, at the request of City and for no additional
cost, prepare a report for City identifying why all the bids exceed the estimate. The City has
four (4) options if all bids exceed Consultant's Estimate. The City may: (1) give written
approval of an increase in the Project cost; (2) authorize rebidding of the Project, (3) terminate
the Project and this Agreement, or (4) cooperate in revising the Project scope, plans, or
specifications, or all as necessary to reduce the construction cost. In the case of (4), Consultant,
without additional charge to City, shall consult with City and shall revise and modify the scope,
plans, or specifications as necessary to achieve compliance with the Consultant's Estimate.
C. CONSTRUCTION PHASE - If requested by the City, the Consultant will serve as the City's
representative for administering the terms of the construction contract between City and their
Contractor. Consultant will endeavor to protect the City against defects and deficiencies in
workmanship and materials in work by the Contractor. However, the furnishing of such project
representation will not make Consultant responsible for the construction methods and
procedures used by the Contractor or for the Contractor's failure to perform work in accordance
with the contract documents. Consultant's services will include more specifically as follows if
needed:
assist the City with a preconstruction conference to discuss project details with the
Contractor;
2. make periodic site visits to observe the Contractor's progress and quality of work, and
to determine if the work conforms to the contract documents. The Consultant will
accompany City representatives on visits of the project site as requested;
check shop drawings and review schedules and drawings submitted by the Contractor;
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4. reject work not conforming to the project documents;
5. prepare change orders for issuance by the City as necessary and assure that proper
approvals are made prior to work being performed;
6. review wage rates, postings, equal employment opportunity and other related items
called for in the contract documents;
7. inspect materials, review material certifications furnished by Contractor, sample
concrete and other materials as required, and arrange for laboratory testing of samples
by others on a subcontract basis. Independent assurance samples and tests will be
performed by City personnel and such sampling and testing is excluded from the work
to be performed by the Consultant under this contract;
8. maintain progress diary and other project records, measure and document quantities,
and review monthly estimates for payments due the Contractor;
9. be present during critical construction operations, including but not limited to the
following:
a. structure layout;
b. excavation and backfilling;
C. driving of piles;
d. checking of reinforcing steel prior to concrete placement;
e. concrete batching and pouring;
f. placement of girders; and
g. placement of surfacing materials; and
10. participate in final inspection, provide the City with project documentation (diaries, test
results, certifications, etc.), and provide as -built plans for the City's records.
ARTICLE II - ADDITIONAL SERVICES
The City reserves the right to request additional work; changed or unforeseen conditions may require
changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall
be executed and submitted for the approval of City prior to performing the additional or changed work
or incurring any additional cost thereof. Any change in compensation will be covered in the
supplement.
ARTICLE III - RESPONSIBILITIES OF CITY
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,
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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;
1 . 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 or until the Transportation Trust Fund 6 projects are completed.
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
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:
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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.
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
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
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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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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 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
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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 frill 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, $441,130 each person
including: Comprehensive Automobile Liability, $2,940,868 each occurrence
Employer Liability, City's Protective Bodily Injury
Including Death, and City's Protective Property
Damage
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.
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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
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 Linder 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:
Attaclunent A - Charge out rates for 2021, 2022, 2023, 2024 and 2025
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 Z 7 day of , 20 ?/
Executed by the City this day of .,20—
FOR:
20_
FOR: CITY OF CAPE GIRARDEAU
BY:
ATTEST:
City Manager, Scott Meyer
Deputy City Clerk, Bruce Taylor
FOR: Cook, Flatt & Strobel Engineers, P.A.
BY: A
Sabin A. Yanez ,
ATTEST: -
Lance Scott, P.E., Vice President
President
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