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Home My WebLink AboutRES.632.06-03-1991 .. .� , BILL N0. 91-96 RESOLUTION N0. �J � A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH KOEHLER LAND SURVEYING FOR SURVEY SERVICES FOR PHASE 4, SECTION 2 OF THE UPPER CAPE LA CROIX TRUNK SEWER 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 a Contract with Koehler Land Surveying for survey services for construction and permanent easements for Phase Four , Section Two of the Upper Cape LaCroix Trunk Sewer . A copy of said Contract is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS S1� DAY OF , 19_��, � � � ancis E . Rhodes, Mayor ATTEST: . � Jul e A. Da e De y City Clerk � � CONTRACT This Contract entered into this �� day of �� ► 1991, by and between Koehler Land Surv y ng of Cape Girar eau, Missouri, hereinafter referred to as the "Surveyor" , and the City of Cape Girardeau, Missouri , located in the County of Cape Girardeau, State of Missouri , hereinafter referred to as the "City" . WITNESSETH THAT: WHEREAS, the City requires a registered land surveyor in connection with the preparation of descriptions of the real estate interests and related items in conjunction with Phase Four, Section Two of the Upper Cape LaCroix Trunk Sewer, and WHEREAS, the Surveyor represents that he is able to provide the services as required by the City in a timely fashion and in accordance with the needs of the City, and WHEREAS, the City desires to utilize the services of the Surveyor. NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the Surveyor agrees to provide services as required and the City agrees to pay the Surveyor for such services in accordance with the payment schedule set forth herein. A. SERVICES TO BE PROVIDED BY THE SURVEYOR. The Surveyor shall prepare descriptions of the real estate tracts for Construction and Permanent Easements for each and every property that the City proposes to acquire for Phase Four, Section Two of the Upper Cape LaCroix Trunk Sewer. The Surveyor shall provide qualified personnel to be used in the preparation of said descriptions, but it is specifically un�erstood that all of the work performed shall be directly supervised and checked by a registered land surveyor. The Surveyor shall survey and monument the intersection of all property boundary lines with the easement lines of the Upper Cape LaCroix Trunk Sewer Project. The Surveyor shall prepare a drawing of the easements which the City proposes to acquire in the Trunk Sewer Project . Said drawings shall be prepared to the specifications as set forth by the City or its authorized agent . Said drawings shall contain all the information required by the Minimum Survey Standards and the following additional information: A. Acreage or square footage within the parcel before taking . B. Acreage or square footage within the area of both permanent and construction easements . C . The location of improvements on or within one hundred ( 100 ) feet of the right-of-way line. The Surveyor shall provide qualified personnel to be used in the preparation of said drawings but it is specifically understood that all of the work performed shall be directly supervised and checked by a registered land surveyor . The Surveyor shall obtain any deeds, maps, plats or other documents necessary for the preparations of said descriptions and drawings, The Surveyor shall provide to the City one ( 1) type written copy of each description for each tract and four (4 ) copies of each drawing applicable to each description. The drawing and the description shall show the name or names of the owners and tenants of the property. The Surveyor shall provide all research, field investigations, field surveys, preparation of plats of surveys and all other services necessary to prepare for condemnation proceedings. All such surveys will be executed by a registered land surveyor and in accordance with the current Minimum Standards for Property Boundary Surveys as set forth by the Missouri Department of Natural Resources, Division of Geology and Land Survey. The Surveyor shall provide a registered land surveyor as an expert witness in any condemnation proceeding when necessary and when requested by the City. All investigative notes, records, property boundaries, descriptions, ownerships, field survey notes, and all other materials compiled during the executicn of this contract remain the property of the Surveyor, except that the City shall be provided copies of any and all materials as requested. The Surveyor shall at all times respect and comply with all reasonable requests of the City and at all times shall be cognizant of the public relations of the City and shall, as much as possible, conduct all business so as not to be a detriment to those public relations , The City shall have the right to change, increase, decrease or modify all work assignments at any time upon mutual agreement . The Surveyor shall perform such additional survey work on an "as needed" basis as requested by the City for a period of one ( 1) year. The cost for such services will be in accordance with the fees outlined in this agreement . - 2 - • t ♦ B. INSURANCE TO BE PROVIDED BY SURVEYOR. Surveyor agrees to file with the City prior to the commencement of the work, a Certificate of Insurance naming the City as coinsured, showing that the Surveyor has in force for a period equal to the period of the contract a policy of general liability insurance, a policy of comprehensive automobile liability insurance, and a policy of contractual liability insurance, insuring Surveyor against liability in the minimum amount of $1, 000, 000 . 00 for all claims arising out of a single accident or occurrence and in the minimum amount of $100,000 . 00 for any one person in a single accident or occurrence. Surveyor hereby binds himself to indemnify and save harmless the City of Cape Girardeau, Missouri, from claims, demands, suits and actions of every name and description brought against the City for or on account of any injuries or damages received or sustained by any parties or party by or from the acts of the Surveyor, or his servants or agents, in doing the work herein contracted for, or by or in consequence of any negligence in guarding the same, or on account of any improper materials being used in construction, or by or on account of any act or omission of the Surveyor, or his servants or agents. The Surveyor undertakes the performance of this agreement as an independent contractor , and agrees to indemnify and hold harmless the City against claims, losses, or damages which are the result of any accident or occurrence caused by negligent acts of the Surveyor or any person employed by the Surveyor. C. RIGHTS OF TERMINATION. The City shall have the right at all times to terminate this agreement upon ten ( 10 ) days written notice to the Surveyor, if and when in the opinion of the City the Surveyor has failed to complete all obligations under the terms of this agreement . In the event of the termination of this agreement, the Surveyor shall immediately cease all work and the City shall pay to the Surveyor those amounts of monies due for all work satisfactorily performed under this agreement . The Surveyor shall have the right at all times to terminate this agreement upon failure of the City to make timely payments for services rendered under the terms of this agreement. D. PAYMENT FOR SERVICES OF SURVEYOR. The City shall pay the Surveyor for the performance of the required duties a not to exceed cost on this portion of the project, Twelve Thousand Three Hundred Twenty Dollars ( �12,320 .00 ) . Section Two -- 28 Parcels with both Permanent and Construction Easements at a cost of $440 , 00 per parcel. - 3 - : , t � The above reflect the following prices : Field Crew: 3 Man = $75 . 00 per hour . 2 Man = $60 . 00 per hour . Office Time: = 30 .00 per hour (Cad operator ) These fees and rates shall apply to any additional survey work assigned on an "as needed" basis as provided hereinabove. E. TIME OF COMPLETION. No work is to be started under this contract until the City provides Surveyor with notice to proceed from the City Planner ' s Officer . The Surveyor shall complete all the work required under the terms of this agreement in sixty ( 60 ) calendar days after notice to proceed has been given. IN WITNESS WHEREOF, the parties hereto have entered into this agreement on the day and year first hereinabove written. KOEHLER LAND SURVEYING Wayne Koehler CITY OF CAPE GIRARDEAU, MISSOURI v . Ronald Fischer, City Manager ATTEST: Juli . Dale Depu City Clerk - 4 -