HomeMy WebLinkAboutRES.1440.03-01-1999 BILL N0. 99-60 RESOLUTION N0. f���v
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTR.ACT FOR ENGINEERING SERVICES
WITH KOEHLER ENGINEERING AND LAND SURVEYING,
FOR THE DESIGN OF SIGNALIZATION AT SPRIGG
STREET AND NORMAL AVENUE
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
Contract for Engineering Services with Koehler Engineering and Land
Surveying, for the design of signalization at Sprigg Street and
Normal Avenue. A copy of said Contract is attached to this
Resolution and made a part hereof.
PASSED AND ADOPTED THIS �_ DAY OF { 7 ; , 19�.
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SIGNALIZATION OF SPRIGG STREET �i NORMAL AVENUE
CONTRACT FOR ENGINEERING SERVICES
CITY OF CAPE GIRARDEAU,MISSOURI
THIS CONTRACT is between City of Cape Girardeau, hereinafter referred to as the "City" and
Koehler Engineering and Land Surveying, hereinafter referred to as the"Engineer".
The City of Cape Girardeau desires to have a traff"ic signal designed and constructed at the
existing intersection of Sprigg Street and Normal Avenue. This signal is to be constructed to
relieve frequent traffic congestion at this intersection. This contract is for engineering services to
prepare detailed plans, speci�cations, and contract documents, in every way sufficient for the
advertising and letting of a construction contract. In the event the City desires to use the Engineer
for construction inspection, construction staking, and certain testing services, this Contract
provides hourly rates for such services. The Engineer will provide the Ciry with basic design
services, and those additional services, if requested, as hereinafter detailed. It is mutually agreed
as follows:
ARTICLE I— SCOPE OF SERVICES
A. DESIGN PHASE —The Engineer will:
1. Determine the project design requirements and the specific goals of the City with
, regards to the intersection of Sprigg Street and Normal Avenue.
2. Conduct topographic, property, and utility surveys, to establish the existing
design conditions at the intersection.
3. Design required geometric changes to accommodate the signalized intersection,
including modification of existing sidewalks as required.
4. Evaluate the need for and placement of advance signage for the Signalized
Intersection.
5. Evaluate existing storm sewer facilities, and propose modi�cations to the
facilities to accommodate the geometric and sidewalk modifications.
6. Work with City staff and equipment to obtain traffic counts at the intersection of
Sprigg Street and Normal Avenue, including directional time / movement
patterns.
7. Coordinate with Ciry staff to specify and design signal hardware and PLC's
compatible with existing and proposed City system components.
8. Submit copies of the preliminary plans, estimates and other studies for review by
the City. Participate in the discussion and review of the preliminary plans, to
determine the final signal geometry other pertinent design decisions.
9. Based on approvals of preliminary plans, prepare detailed construction plans,
cost estimates, specifications and related documents as necessary for the purpose
of soliciting bids for constructing the project. Actual soliciting of bids is to be
conducted by the City.
10. Secure adequate properties title information, determine right-of-way plans, and
assist the City in preparing the right-of-way deeds and plats for the project.
11. Provide the City five sets of completed plans, specifications and cost estimates
for the purpose of obtaining construction contracts. Provide the City with a
complete set of reproducible drawings.
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B. BIDDING PHASE—The Engineer will:
1. Upon receipt of construction authorization from the City, make final corrections
resulting from reviews by the City and all other agencies that may be involved.
2. Assist the City in evaluating bids and awarding of the Contract.
C. CONSTRUCTION PHASE — The Engineer, if requested by the City, will
serve as the City's representative for administeri.ng the terms of the
construction contract between City and their Contractor. Engineer will advise
the City of defects in workmanship and materials. However,the furnishing of
such project representation will not make Engineer 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. The Engineer's services, more specifically, will include the
following:
1. Assist the City with a pre-construction conference to discuss project details with
the Contractor.
2. Make periodic site visits to observe the Contractor's progress and quality of
work, and determine if the work conforms to the contract documents. If
construction staking and layout is to be accomplished by the Ciry or Contractor,
the Engineer shall establish control points and benchmarks suf�cient for layout.
3. Check shop drawings,review construction schedules and pay estimates submitted
by the Contractor.
4. Reject work not conforming to the project documents.
5. Prepare necessary change orders for issuance by the City, and assure that proper
approvals are obtained.
6. Review wage rates, equal employment opportunity guidelines, contractual
obligations, and all related contractual items specifically set forth in the contract
documents.
7. Inspect materials, review material certifications, and workmanship of the
Contractor; sample concrete and other materials as required, and arrange or
perform laboratory testing.
8. Maintain a construction progress diary and other project records; measure and
document quantities, and review monthly pay requests due the Contractor.
9. During critical construction operations, the Engineer shall be on the job to
observe and approve contractors operations, speci�cally the Engineer shall
observe the following:
a. Layout of the Intersection
b. Excavation and backfilling
c. Checking of reinforcing steel prior to concrete placement
d. Concrete batching and pouring
e. Placement of surfacing materials
10. Perform soil compaction testing,prepare and test concrete cylinders, and prepaze
reports summarizing all test results.
11. Participate in final inspection, and provide City with project documentation
(diaries, test results, certi�cations, etc.); provide as-built plans for the City's
records.
ARTICLE II—ADDITIONAL SERVICES
The City reserves the right to request additional work, if changed or unforeseen conditions occur
beyond the scope of this contract. In this event, a supplement to this agreement shall be executed
and submitted for the approval prior to performing additional work or incurring any additional
cost therefor. Any change in compensation will be covered in the supplemental agreement.
ARTICLE III—RESPONSIBILITIES OF CITY
The City will cooperate fully with the Engineer in the dev,elopment 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 Engineer with the City's requirements for the project.
C. Assist in securing arrangements for the Engineer to enter upon properties at the
project site for the performance of his duties.
D. Assist in obtaining traftic counts for the intersection of Sprigg Street and Normal
Avenue, in the form of instructing City Staff to place and monitor a traffic counter to
gather data on all sides of the proposed intersection.
E. Examine all studies and layouts developed by the Engineer, and submit a summary of
the review comments. The Ciry shall render decisions thereon in a prompt manner so
as not to delay the Engineer.
F. Designate a person in the City's employ to act as City's representative under this
contract. Said person shall have the authority to transmit instructions, interpret the
City's policies and render decisions with respect to matters covered by this
agreement.
G. The City will perform appraisals and appraisal review, negotiate with the properiy
owners and otherwise provide all services in connection with acquiring all right-of-
way needed to construct this project.
ARTICLE IV—PERIOD OF SERVICE
The Engineer will commence work within one week after receiving notice to proceed from the
City. The general phases of work will be completed in accordance with the following schedule:
A. Preliminary design phase — Within 30 calendar days after receipt of notice to
proceed.
B. Final design phase — Within 15 calendar days after completion of review of
preliminary plans by City.
C. Construction Phase — The Engineer shall perform all construction inspection and
staking on a schedule that will not delay the Contractor.
The above times are exclusive of review time by other agencies and exclusive of time needed to
acquire right-of-way. The Ciry will gant time extensions for unavoidable delays beyond the
control of the Engineer. Requests for extensions of time shall be requested in writing by the
Engineer, stating fully the reasons for the request.
ARTICLE V—STANDARDS
For services provided under this contract, the Ciry will compensate the Engineer as follows:
A. For design services, including work through the construction contract award the City
will reimburse the Engineer for the hours expended and at the hourly rates set previously
set forth in Attachment"A"to the original Agreement for Services. For the basic design
services set forth herein, reimbursement to the Engineershall not exceed $ 14,500 which
sum includes the design services for of the Signalized Intersection to be installed at
Sprigg Street and Normal Avenue.
B. If construction inspection services or construction staking services are desired by the
City the Engineer shall be reimbursed for the hours expended based on the hourly
rates set forth in Attachment"A"to the original Ageement for Services.
C. Any major changes in work, or extra work, which exceeds the contract ceiling will
require a supplement to this contract, as covered in Article II — ADDITIONAL
SERVICES.
D. The hourly rates for survey crews and testing personnel include the cost of all survey
equipment, measuring devices, and testing apparatus while employed on the site.
The hourly rates for personnel include the cost of overhead, payroll taxes, and
employee insurance.
1. Other possible Project Costs, incurred on a subcontract basis, will be passed
through the Engineer to the City on the basis of actual cost as invoiced. These
costs could include a subsurface investigation, or specialized services such as
archaeological surveys, etc. No subcontractor costs will be incurred without
prior written consent of the Ciry.
E. METHOD OF PAYMENT— Partial payments for work satisfactorily completed will
be made to Engineer upon receiptof itemized invoices by the City, Invoices will be
submitted on a monthly basis.
F. 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 Engineer warrants that he has not employed or retained any company or person, other than a
bona fide employee working for the Engineer, 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 of this contract. For breach or violation 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, except as provided herein, shall be sublet or
transfened without the written consent of the City. The subletting of the work shall in no way
relive the Engineer of his primary responsibility for the qualiry and performance of the work. It is
the intention of the Engineer to engage subcontractors for the purposes of: Foundation borings
and tests, abstracts of title, aerial topography, and archaeological studies, if required.
ARTICLE IX—PROFESSIONAL ENDORSEMENT
All plans, specifications and other documents shall be endorsed by the Engineer and shall reflect
the name and seal of the Professional Engineer endorsing the work.
ARTICLE X—RETENTION OF RECORDS
The Engineer shall maintain all records, survey notes, design documents, cost and accounting
records, construction records and other records pertaining to this project, for a period not less than
three years following final payment. Said records shall be made available for inspection by
authorized representatives of the City.
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 Ciry without restriction or limitation on its use. If the City incorporates any portion of the
work into a project other than that which it was performed, the Ciry shall save the Engineer
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 Ciry, the Engineer will be paid
for actual expenses incurred at the time of termination.
If the contract is tertninated due to unsatisfactory services I the judgement of the City, or if the
Engineer 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. The Engineer 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.
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.
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ARTICLE XIV— SUCCESSORS AND ASSIGNS
The City and the Engineer 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 Engineer 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 by reference.
ARTICLE XVI—RESPONSIBILITY FOR CLAIMS AND LIABILITY
The Engineer 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.
ARTICLE XVII—NONDISCRIlVIINATION
The Engineer, with regard to the work performed, will not discriminate on the grounds of race,
color or national origin in the selection and retention of subcontractors.
ARTTCLE XVIII—INSURANCE
During the performance of the Services under this Agreement, Engineer shall maintain the
following insurance:
(1) General Liability Insurance, with a combined single limit of $1,000,000 for each
occurrence and$1,000,000 in the aggregate.
(2) Automobile Liability Insurance, with a combined single limit of $1,000,000 for each
person and$1,000,000 for each accident.
(3) Workers' Compensation Insurance in accordance with statutory requirements and
Employers' Liability Insurance,with a limit of$500,000 for each occurrence.
(4) Professional Liability Insurance with a limit of$1,000,000 annual aggregate.
Engineer shall, upon written request, fwnish Owner certificates of insurance,which shall include
a provision that such insurance shall not be canceled without at least thirty days' written notice to
Owner. All Project contractors shall be required to include Owner and Engineer as additional
insured on their General Liabiliry insurance policies, and shall be required to indemnify Owner
and Engineer to the same extent. Engineer and Owner waive all rights against each other and
their directors, officers, partners, commissioners, officials, agents, and employees for damages
covered by properiy insurance during and after the completion of the Services. If the Services
result in a construction phase of the project, a similaz provision shall be incoiporated into all
construction phase contracts entered into by Owner and shall protect Owner and Engineer to the
same extent.
ARTICLE XIX
T'his contract is made and entered into subject to the approval of the City of Cape Girardeau.
ARTICLE XX—ATTACHMENTS
The following exhibits are attached hereto and are hereby made part of this contract:
Attachment A—Estimate of Cost
IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement.
OWNE ENGINEER
Cit of Cape Girardeau, Missouri Koehler Engineering an and Surveying
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.:BY
�" Mike Mi er C is oehler
f City Manager Partner
Date: � ;� � `j j Date: 3 - Z - �!'�
ATTAC��VIEENT `A'
SIGNALIZATION OF SPRIGG STREET & NORMAL AVENUE
Each Phase of the proposed project has been estimated to contribute the following
amounts toward the total project estimated design cost.
Initial Property and Topographical Data Acq.: 16.0 Hours x $80/hr=$ 1,280.00
4.0 Hours x$50/hr= $ 200.00
20.0 Hours x $45/hr= $ 900.00
Preliminary Design Phase: 8.0 Hours x $67/hr=$ 536.00
20.0 Hours x $60/hr=$ 1,200.00
20.0 Hours x $45/hr=$ 900.00
Full Design Phase: 24.0 Hours x $ 67/hr= $ 1,608.00
40.0 Hours x $60/hr=$ 2,400.00
40.0 Hours x$45/hr=$ 1,800.00
Production of Construction Documents: 8.0 Hours x $ 67/hr= $ 536.00
24.0 Hours x $ 60/hr= $ 1,440.00
8.0 Hours x $45/hr= $ 360.00
Right of Way Deeds & Plats: 8.0 Hours x $50/hr=$ 400.00
8.0 Hours x $45 /hr=$ 360.00
Materials,Media, Postage, Reproduction, Etc $ 100.00
Total Estimated Cost: $ 14,020.00
The project is to be charged on an hourly basis,with total cost not to exceed the above
stated:
Fourteen Thousand Twenty Dollars: ($14,020.00)
Rates for all categories of work, to be used for this contract, and for additional work as
required by extensions or options of this contract, aze as originally indicated on the
original Agreement for Services: