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Home My WebLink AboutRES.1707.09-17-2001 . i + BILL N0. 2001-191 RESOLUTION N0. ��?�`', y A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGINEERING SERVICES CONTRACT WITH KOEHLER ENGINEERING AND LAND SURVEYING, INC. , FOR DESIGN AND CONSTRUCTION OF VARIOUS CONSTRUCTION PROJECTS 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 Engineering Services Contract with Koehler Engineering and Land Surveying, Inc . , for design and construction of various construction projects . A copy of said Contract is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS �� 1 7� DAY OF �.�( /1�_, i,,�;��,;; 20 (', r . A. . pradling, III , M or ATTEST: , .� � �+��i��:.� r � �'I��; �.�� .�, . � � . ',�,��,, �.�'� Gayle Conrad, City Clerk � +�� " �`�� .� r��` �"' ;`�,;,` � r;s� ��`'s�� :�s�, +'� d`�,�, , ti � ,.� ,r, �,; ,!i ;' /,� . �r: :�� ^�1 ENGINEERING SERVICES CONTRACT CITY OF CAPE GIRARDEAU, MO THIS CONTRACT, between the City of Cape Girardeau, Missouri, hereinafter referred to as the "City" and Koehler Engineering and Land Surveying, Inc., 2023 State Route W, Cape Girardeau, MO, hereinafter referred to as the "Engineer". Whereas, the City may require professional Engineering services associated with design and construction on a variety of projects, and Whereas the Engineer agrees to provide design and construction inspection services at the discretion of the City, the City and Engineer hereby agree that such services will be provided only at the request of the City, and in accordance with the conditions set forth herein, or by mutually agreed modifications of this Contract. Nothing in this Contract shall prevent the City from retaining the services of any other Engineer at its sole discretion. It is mutually agreed as follows: ARTICLE I — SCOPE OF SERVICES A. PRELIMINARY DESIGN PHASE — After written authorization to proceed with the Preliminary Design the Engineer shall: 1. Assist the City in coordinating and deciding the needs and requirements of the project. 2. Conduct topographic, property and utility surveys sufficient to develop plans for the project. 3. Arrange for any subcontractor services as may be required. 4. Prepare alternate designs and cost estimates, develop preliminary plans, and recommend the best design based on these studies, develop final plans and specifications for the specific project. 5. Furnish two copies of the above Preliminary Design documents to the City. A. DESIGN PHASE — After written authorization to proceed with the Preliminary Design the Engineer shall: 1. Assist the City in securing adequate property title information, deciding right- of-way and easements required for successful execution of the project, and provide assistance to the City in acquiring right-of-way or easements. 2. Insure compliance with water quality and flood plain management by coordinating with the Missouri Department of Natural Resources, the U. S. Army Corps of Engineer, and other regulatory agencies. 3. Prepare Specifications and Bid Documents for the Project, incorporating the City's standard specifications where available. � , � 4. Advise the City of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to City a revised opinion of probable Total Project Costs based on the Drawings and Specifications. 5. Furnish the City with two approval copies of the final Contract Drawings and Bid Documents B. BIDDING PHASE — The Engineer will: 1. Provide the City with a list of qualified bidders and provide the City with an Invitation to Bid for advertisement of bids. 2. Furnish the City with copies of final Contract Drawings and Bid Documents for purchase by prospective bidders. 3. Attend Bid Opening. 4. Assist the City in evaluating bids, prepare a tabulation of bids, and provide the City with a letter recommending a Contractor. 5. Prepare Construction Contracts. C. CONSTRUCTION PHASE — The Engineer will serve as the City's representative for administering the terms of the construction Contract. The Engineer shall not authorize change orders or otherwise alter the terms of a construction Contract except with the City's express written authorization. The Engineer will attempt to protect the City against defects and deficiencies in workmanship and materials. However, providing project representation shall not make the Engineer responsible for construction methods or procedures used by the Contractor, nor for the Contractor's failure to perform work according to the Contract documents. More specifically, the Engineer's services 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. Provide construction surveys and construction staking as required by the Contractor. The Engineer will accompany the City's representatives on visits to the project as requested. 3. Check shop drawings, review construction schedules and drawings submitted by the Contractor. 4. Reject work not conforming to the project documents. 5. Prepare change orders for issuance by the City as necessary to assure that proper approvals are made before performance of work. 2 6. Review wage rates, postings, equal employment opportunity requirements and other related items called for in the Contract. 7. Inspect materials, review material certifications furnished by Contractor, sample concrete and other materials, and if required, arrange for laboratory testing of samples by others on a subcontractor basis. 8. Maintain project records, construction diary and other project information, measurements of quantities, and review monthly estimates for payments due the Contractor. Estimates are to be submitted to the Engineer by the 10th of the month so that the Engineer can make their review to the City on or before the 15th of the same month. 9. Be present during critical construction operations. 10. Participate in final inspection, and provide the City with project documentation diaries, test results, certifications, etc., also provide record plans for the City's records if requested. ARTICLE II —ADDITIONAL SERVICES The City reserves the right to request additional work, and change the duties of the Engineer as deemed appropriate for specific projects, including modifying this Contract. ARTICLE III — RESPONSIBILITIES OF CITY The City will cooperate with the Engineer in the development of the project, including the following. A. Provide the Engineer with all information concerning the project. B. Provide the Engineer with the City's requirements for the project. C. Make provisions for the Engineer to enter upon property at the project site for the performance of his duties. D. Examine all studies and layouts developed by the Engineer E. The City will perform appraisals and appraisal review, negotiate with property owners and otherwise provide all services associated with getting right-of-way or easements. F. Send Invitation to Bid to newspaper and qualified Contractors. G. Distribute Bid Documents to Prospective Bidders. H. Conduct Bid Opening. 3 ARTICLE IV— STANDARDS Project design criteria will conform to Standard Specifications of the City of Cape Girardeau. In the event such specifications are not applicable, another generally acceptable specifications such as the latest version of Missouri Standard Specifications for Highway Construction, America Association of State Highway Officials, etc., will be appropriately used or amended to meet specific project requirements. ARTICLE VII — SUBLETTING, ASSIGNMENT OR TRANSFER No portion of the work covered by this Contract, except as provided herein, shall be sublet or transferred without the written consent of the City. The subletting of the work shall not relieve the Engineer of his primary responsibility for the quality 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, and archaeological studies, environmental studies, if required. ARTICLE VIII — 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 IX— RETENTION OF RECORDS The Engineer shall maintain all records, survey notes, design documents, cost accounting records, construction records and other data concerning the project, for three years following completion. Said records shall be made available for inspection by authorized representatives of the City. ARTICLE X— OWNERSHIP OF DOCUMENTS All plans, tracings, maps and specifications prepared under this Contract shall 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 information produced under this Contract shall be available for use by the City without restriction or limitation. If the City incorporates any portion of the work into a project other than that for which it was done, the City shall save the Engineer harmless from any claims and liabilities resulting from such use. ARTICLE XI — TERMINATION FOR CONVENIENCE OF CITY The City may terminate this Contract any time by giving a minimum of ten (10) days written notice to the Engineer. If the Contract is canceled, the Engineer will be paid for the time extended and expenses incurred to the date of termination. ARTICLE XII — TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the Engineer fails to fulfill, in a timely and proper manner, his obligations under this contract, or any amendment thereto, or if the Engineer violates any of the covenants, agreements, or stipulations of this Contract, the City shall 4 thereupon have the right to terminate this Contract by giving written notice to the Engineer of such terminations and specifying the effective date thereof, at least five days before the effective date of termination. In such an event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Engineer shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. ARTICLE XIII — DECISIONS UNDER THIS CONTRACT The City will decide the acceptability of work under this Contract, and will decide all questions that may arise concerning the project. The City's decision shall be final and conclusive. ARTICLE XIV— SUCCESSORS AND ASSIGNS The City and the Engineer agree that this Contract, and all amendments entered 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 applicable laws, ordinances and codes of the State and Local Governments, and the Engineer shall save the City harmless with respect to any damages arising from any tort done in performing any of the work embraced by this Contract. ARTICLE XVI — FINDINGS CONFIDENTIAL All reports, information, data, etc. prepared or assembled by the Engineer under this Contract are confidential, and the Engineer agrees that they shall not be made available to any individual or organization without the prior written approval of the City. ARTICLE XVII — INSURANCE Without limiting the liability hereunder, Koehler Engineering and Land Surveying, Inc., shall maintain during the life of this agreement the following insurance and furnish the City, certificates of insurance as evidence thereof. Such certificates shall provide that cancellation of said insurance shall not be affected without thirty (30) days prior written notice to the City. The certificates shall plainly designate the name of the project for which the certificate is provided. 1. Workers' Compensation insurance, providing coverage in compliance with the laws of the state in which any part of the work is to be performed, and Employer's Liability Coverage in the minimum amount of $500,000.00 for each occurrence. 2. Architect's and Engineers Professional Liability Insurance. Bodily injury and property damage combined single limit $1 million each claim, $2 million aggregate, or in accordance with the current statutory requirements. s The Architect's and Engineer's Professional Liability Insurance shall include contractual Liability Coverage for the liability assumed by Koehler Engineering & Land Surveying, Inc., under this agreement, subject to the terms and conditions of the policy. The City shall be named as an additional insured in the Certificate for Commercial General Liability. ARTICLE XVIII – PERIOD OF SERVICE This Contract shall remain in effect for a period of two years. ARTICLE XIX–ATTACHMENTS The following exhibits are attached and are with this made part of this Contract: Attachment A– Charge-Out Rates Executed by the Engineer this 24th day of Auqust , 2001. Executed by the City th� k�- day of September , 2001. FO : City of Cape rardeau �� CApE ��.= _ ._ 4 , '�► BY: .,,.�� '� Mic . Miller, City Manager �, �' � * �, � �,,�. � ' _� �� ;� ATTEST: � � �-�� . ' � ',�� Gayle� onrad, City Clerk �_ �"�► �"�� _ �k "•-'►%`;` �.�.�-.. _ FOR: Koehler Engineerin a S ing, Inc. ��—' � - BY: - Chris Koehler, PE, PLS, VP of Engineering Services ATTEST: �CQ�� (D Lois Koehler, Secretary Corporate Seal 6 a ` KOEHLER ENGINEERING � LAND SURVEYING, INC. Rate Schedule,Effective 1-1-2001;For the City of Cape Girardeau Transportation Projects Emnlovee Classi�cation Hourly Rate Overtime Rate Professional Engineer $ 70.00 $ 70.00 Engineer 11 $ 60.00 $ 60.00 Engineer I $ 50.00 $ 60.00 Engineering Technician $ 47.50 $ 57.50 Registered Land Surveyor $ 60.00 $ 60.00 Surveyor 11 $ 45.00 $ 55.00 2 Man Conventional Survey Crew $ 85.00 $ 105.00 3 Man Conventional Survey Crew $ 100.00 $ 120.00 2 Man(or 1 Rover)GPS Survey Crew $ 130.00 $ 150.00 3 Man(or 2 Rover)GPS Survey Crew $ 175.00 $ 195.00 Construction Inspector $ 45.00 $ 55.00 Glerical/Administrative $ 27.50 $ 35.00 Asphalt/Concrete-Masonry/Dirt Technicians $ 36.00 $ 46.00 Testing Fees: Concrete/Masonrv: Per Test Aggregate Base Gradation Design/Spec. for Concrete $ 500.00 Cylinder-Cube: Cast/Break $ ]0.00 Cylinder Break(Not Cast by KELS) $ 10.00 Cylinder Break(Cast-Held-Not Broken) $ 8.00 Masonry Prism-Cast, Cure,Break $ 75.00 (Slump,temp,and air content provided at no charge when technician is already in field). A minimum charge of 2 hours/trip is charged to all job field call.s for engineering, surveying, or inspection/testing staff personnel. Soil(asphalt as applicablel: Atterburg Limits(Liquid, Plastic, Shrinkage if Requested) $ 150.00 Nuclear Gage: $ 12.00 $ 12.00 Relative Density Test(aggregates) $ ]75.00 Dynamic Penetrometer Bearing Values $50.00/hr Standard Procter $ 175.00 Modified Procter $ 200.00 Other Test Rates Available upon request: Materials charged @ Cost x 1.10;Travel Time is typically charged one-way,and mileage is charged at$0.32/mile 7