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Home My WebLink AboutRES.2062.05-02-2005 , r � • BILL NO. 05-91 RESOLUTION NO. �Q�Q� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL ENGINEERING SERVICES CONTRACT WITH KOEHLER ENGINEERING AND LAND SURVEYING, INC. , 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 Engineering Services Contract with Koehler Engineering and Land Surveying, Inc . , in the City of Cape Girardeau, Missouri . A copy of said Contract is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS 2�� DAY OF C�;�, , 20 � . �4$ �I�� ,,��,, G � � Jay . Knud son, Mayor � �� , Q' v �,� �Tra� vxio �'� . � f Gayle L. nrad, City Clerk M r � • 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., 194 Coker Lane, Cape Girardeau, MO, hereinafter referred to as the "Engineer". Whereas, the City may require professional Engineering services associated with design and construetion 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 her�in, 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 as needed and supplement existing data and to be fully sufficient to determine the existing conditions for the project and to develop plans for the project. All survey work shall be completed in Missouri State Plane Coordinates, North American Datum 1983, Eastern Zone. 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. B. DESIGN PHASE — After written authorization to proceed with the Preliminary Design the Engineer shall: 1. Determine right-of-way and easements required for successful execution of the project, prepare right-of-way and easement documents, and provide assistance to the City in acquiring right-of-way and easements. 2. Complete all permit applications necessary to insure compliance with local, state and federal requirements. i . . . � 3. Prepare Drawings, Specifications, and Bid Documents for the Project, incorporating the City of Cape Girardeau standard specifications where available, and preparing specifications and standard details where said City standards are not 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. Assist the City in organizing public meetings as required. 6. Attend public hearings to provide project information to the City Council and answer questions relating to the proposed improvements. 7. Furnish the City with two approval copies of the 95% Complete plans and Bid Documents for final review and comment. 8. Following the review of the 95% plan submittal, the Engineer shall complete the final Contract Drawings and Bid Documents, incorporating the comments from the 95% review. 9. Provide the final Engineers estimate of probable cost for the project construction, and a digital copy of the design documents (Plans and specifications) in a drawing exchange format or AutoCAD drawing format (latest version). Specifications shall be in Microsoft Word format. C. BIDDING PHASE —The Engineer will: 1. Furnish the City with 10 copies of the final Contract Drawings and Bid Documents for purchase by prospective bidders. 2. Provide the City with one reproducible copy of the final Contract Drawings and Bid Documents for use for additional reproduction, if required. 3. Attend Bid Opening. For all phases of the design development (Preliminary Design Phase, Detailed Design Phase, and Bidding Phase), the Engineer shall submit detailed design progress reports with each application for payment. D. CONSTRUCTION PHASE — (Construction Phase Services are an option to this contract, and are to be provided for and detailed in a supplemental agreement prepared prior to construction activities, if such services are required by the City). If the City desires to engage the Engineer to provide construction phase services, 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 2 � • � 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. 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. 11.Prepare final record survey and plans of the project. 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. 3 r � 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. 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 4 . . ! � 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 cornputations 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 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 darnages arising from any tort done in performing any of the work embraced by this Contract. s . . t 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$1,000,000.00 for each occurrence. 2. Commercial General Liability insurance shall be carried by the Engineer in the amount of $1,000,000 per occurrence and $2,000,000 aggregate, including Products and Completed Operations. 3. An umbrella insurance coverage issued over and on top of the limits indicated under paragraph 1 and 2 of this article shall be maintained in the amount of $3,000,000 for each occurrence and $3,000,000 aggregate. 4. ArchitecYs and Engineers Professional Liability Insurance. Professional Liability (errors and omissions) shall be carried by the Engineer in the amount of $1,000,000 per incident and $2,000,000 aggregate. The Architect's and Engineer's Professional Liability Insurance shall include contractual Liability Coverage for the liability assumed by Koeh/er Engineering & Land Surveying, Inc., under this agreement, subject to the terms and conditions of the policy. The City shall be named as an additional insured in the Certificate for Commercial General Liability. ARTICLE XVIII — PERIOD OF SERVICE This Contract shall remain in effect for a period of two years. ARTICLE XIX—ATTACHMENTS The following exhibits are attached and are with this made part of this Contract: Attachment A— Charge-Out Rates 6 � � Executed by the Engineer this day of , 2005. Executed by the City this day of , 2005. FOR: City of Cape Girardeau BY: Mr. Douglas Leslie, City Manager ATTEST: Ms. Gayle Conrad, City Clerk FOR: Koehler Engineering and Land Surveying, Inc. BY: Chris Koehler, PE, PLS, President ATTEST: Lois Koehler, Secretary Corporate Seal � . ACORD INSUR.ANCE BINDER OPID 'oAT� 03 23/U5 ' THIS BINDER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE 51DE OF THIS FORM. PRODUCER ,q�G No Ext: 573-335-3307 ��MP'� BINDER# 2649 573-335-58 �y,�gyg_gg�pgZTY INSURANC$ � W. 8. AIALRSR-LAKSNAN Z3.� SOIITH BROADVISW �'�'E TIME DATE TIME P 0 BOX 733 $ AM X 12:01 AM CAPB aIRARDLAII MO 63702-0733 03/25/05 ia:01 PM 04/24/0� taoor� JOA8tt1dI1 M S t8t11 THIS BINDER IS 133UED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: 3201172 SUBCO�E: PERFxPIRINOPOLICY#: p�D=N(# CUS70MER IU: ICO$HSNl DESCRIP710N OF OPERATIONSNEHICLES/PROPERTY(Including LocaUon) iNsu�u Location: 001 Suildiug: 001 Roehler 8agiaeering & 194 COKSR LANE Surveying Iac. 194 Cokar Lana Cape c3lrardeau Dd0 63701 COVERAGES LIMITS TYPE OF INSURANCE COVERAOFJFORMS • DEDUCTIBLE COIN3% AMOUNT PROPERTY CAUSESOFLOSS BIIILDING �.�OOO $O SOO�OOO BASIC �eROAD�SPEC CONTBNTS 1,OOO SO 200,OOO JC EARTHQIIAR$ GENERAL LIABILITY EACH OCCURRENCE S 1�O O O�O O O X COMMERCIAL GENERAI LIABILffY FIRE DAMAGE(My one flfe) S 3 O O�O O O CLAIMS MADE �OCCUR MED DCP(My one person) i 1 O�O O O X PROF SXCLIIDED PERSONAL&ADV INJURY S 1.�O O O�O O O G��uL AOOREcare 5 2,O O O,O O O REfRO DATE FOR CIAIMS MADE: ' PRODUCTS-COMP/OP AGO S��O O O�O O O AUTOM0611E LIABILITY COMBINED SINaLE lIM(T s 1,0 0 0,0 0 0 X ANY AUTO � BODILY INJURY(Per person) i ALL OWNEO AUTOS BO�ILY INJURY(P�acddenq i ' SCHEDULED AUTOS � PROPERTY UAMAGE s X HIRED AUTOS MEDICAL PpYMENTS S S�O O O X NON-0WNEDAUTOS PERSONALINJURYPROT s � UNINSURED MOTORI3T i�.�O O O�O O O AUTO PHYSICAL DAMAGE �T�m � S 1�O O O�O O O DEDUCTIBLE Al.l VEHICLE5 $ SCHEDULED VEHICLES X ACTUAL CASH VAI.UE X COL�ISION: S O O $TATED AMOUNT ; X OTHER THAN COI: 5 O O OTHER GARAGE LIA6ILITY AUTO ONLY-EA ACCIDENT f ANY AUTO OTHER THAry AUTO ONIY: EACH ACCIDENT f F�(CESS lJAgILfTY AGGREGATE s EACH OCCURRENCE. S 3�O O O�O O O X UMBRELLqFORM AGGREGATE a 3,0 0 0,0 0 0 OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENT�ON S I.O�O O O X WC 3TAMORY LIMRS WORKER'S COMPENSATION �� E.L.EACH ACCIDENT t 1�O O O�O O O EMPLOYER'S LIABILITY H.L.DISEASE-EA EMpLOYEE S 1,�O O O�O O O $4II=F'MSNT FLOATBR TOTAL LIMIT $333,184 WITA $1,000 DSDUCTIHLB E'�'DI3EASE-POLICYUMIT t1,�000�000 SPECIAL FEES s CONDITIONS/ OTHER TAXES COVERAGES S ESTIMATED TOTAL PREMIUM S NAME 8�ADDRESS � MORTGAGEE ADORIONALINSURED LOSS PAYEE LOAN# AUTHORIZED REPRESENTATNE � Joaathaa M 8tah1 ` ACORD 75s(1/98) NOTE:IMPORTANT STATE INFORMATION ON REVERSE 31 �ACORD CORPORATION 1893 .. �, , Attachment'A' KOEHLER ENGINEERING & LAND SURVEYING, INC. Rate Schedule,Effective 1-1-2005 Emplovee Classification Hourly Rate Overtime Rate Principal Engineer $ 85.00 $ 85.00 Professional Engineer $ 70.00 $ 70.00 Engineer II $ 60.00 $ 60.00 Engineer I $ 50.00 $ 50.00 Engineering Technician $ 47.50 $ 47.50 Registered Land Surveyor $ 65.00 $ 65.00 Surveyor II $ 50.00 $ 50.00 2 Man Conventional Survey Crew $ 90.00 $ 110.00 3 Man Conventional Survey Crew $ 110.00 $ 130.00 2 Man (or 1 Rover)GPS Survey Crew $ 110.00 $ 150.00 3 Man(or 2 Rover)GPS Survey Crew $ 160.00 $ 195.00 Construction Inspector $ 45.00 $ 55.00 Clerical/Administrative $ 27.50 $ 35.00 Asphalt/Concrete-Masonry/Soil Technicians $ 37.00 $ 37.00 Testinp Fees: Concrete/Masonrv: Per Test Concrete Mix Design,Testing,report(Sub-Con.) $ 1,250.00 Aggregate Base Gradation Design/Spec.for Concrete $ 500.00 Cylinder-Cube:Cast/Break $ 13.00 Capping Cylinders(when necessary) $ 5.00 Masonry Prism-Cast, Cure, Break $ 75.00 Concrete Coring Varies,based on#&Dia. Nuclear Gage: $ 12.00 $ 12.00 (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�eld calls for engineering, surveying, or inspection/testing staff personnel. Specimen retrieval on days following pours or masonry assemblies is charged at the hourly rate for a materials technician. Report Generation for Materials Tesfing is charged at the rate of$37/hr. Soil(asphalt as applicable): Atterburg Limits(Liquid, Plastic,Shrinkage if Requested) $ 150.00 Nuclear Gage: $ 12.00 $ 12.00 Relative Density Test(aggregates) $ 175.00 Dynamic Penetrometer Bearing Values $50.00/hr Standard Procter $ 175.00 Modified Procter $ 200.00 Sieve Analysis Varies,Based on Sample Various Other Test Rates Available upon request: Materials charged @ Cost x 1.10;Travel Time is typically charged one-way,and mileage is charged at$0.37/mile • � 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., 194 Coker Lane, 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 as needed and supplement existing data and to be fully sufficient to determine the existing conditions for the project and to develop plans for the project. All survey work shall be completed in Missouri State Plane Coordinates, North American Datum 1983, Eastern Zone. 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. B. DESIGN PHASE — After written authorization to proceed with the Preliminary Design the Engineer shall: 1. Determine right-of-way and easements required for successful execution of the project, prepare right-of-way and easement documents, and provide assistance to the City in acquiring right-of-way and easements. 2. Complete all permit applications necessary to insure compliance with local, state and federal requirements. 1 1 3. Prepare Drawings, Specifications, and Bid Documents for the Project, incorporating the City of Cape Girardeau standard specifications where available, and preparing specifications and standard details where said City standards are not 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. Assist the City in organizing public meetings as required. 6. Attend public hearings to provide project information to the City Council and answer questions relating to the proposed improvements. 7. Furnish the City with two approval copies of the 95% Complete plans and Bid Documents for final review and comment. 8. Following the review of the 95% plan submittal, the Engineer shall complete the final Contract Drawings and Bid Documents, incorporating the comments from the 95% review. 9. Provide the final Engineers estimate of probable cost for the project construction, and a digital copy of the design documents (Plans and specifications) in a drawing exchange format or AutoCAD drawing format (latest version). Specifications shall be in Microsoft Word format. C. BIDDING PHASE —The Engineer will: 1. Furnish the City with 10 copies of the final Contract Drawings and Bid Documents for purchase by prospective bidders. 2. Provide the City with one reproducible copy of the final Contract Drawings and Bid Documents for use for additional reproduction, if required. 3. Attend Bid Opening. For all phases of the design development (Preliminary Design Phase, Detailed Design Phase, and Bidding Phase), the Engineer shall submit detailed design progress reports with each application for payment. D. CONSTRUCTION PHASE — (Construction Phase Services are an option to this contract, and are to be provided for and detailed in a supplemental agreement prepared prior to construction activities, if such services are required by the City). If the City desires to engage the Engineer to provide construction phase services, the Engineer will serve as the City's representative for administering the terms of the construction Contract. The Engineer sha►I not authorize change orders or otherwise alter the terms of a construction Contract except with the City's 2 i 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. 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. 11.Prepare final record survey and plans of the project. 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. 3 � 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 appraisat 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. 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 4 i 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 thereupon have the right to terminate fhis 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. 5 i 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$1,000,000.00 for each occurrence. 2. Commercial General Liability insurance shall be carried by the Engineer in the amount of $1,000,000 per occurrence and $2,000,000 aggregate, including Products and Completed Operations. 3. An umbrella insurance coverage issued over and on top of the limits indicated under paragraph 1 and 2 of this article shall be maintained in the amount of $3,000,000 for each occurrence and $3,000,000 aggregate. 4. Architect's and Engineers Professional Liability Insurance. Professional Liability (errors and omissions) shall be carried by the Engineer in the amount of$1,000,000 per incident and $2,000,000 aggregate. 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 6 ti � Executed by the Engineer this �_ day of �// , 2005. Executed by the City this � day of , 2005. FOR: City of Cape Girardeau � � BY: ' � �`� Mr. Dougla eslie, City Manager O '�'.y �� ; � ATTEST: � '��' ` `�� Ms. G le Conrad, City Clerk ��'��,��,,�� ; ��<. �,, r� FOR: Koehler En ineerin and Land Surve in Inc. �,"`,''�� ;�� 9� 9 Y 9� ., 1{�;; 't�� awe.. � f ,� . ,`? � � � ` �e �� _ ,,,1.: = �J �"r � J�- �� BY: �" ' � = /I: r � ��. ris Koehl , PE, PLS, P esident ��,,� �� , �>> .` � � �:;; y � � � .� . y �'••.. ..o�',� ,, � � c�:]"1�� .,+•' / ��'''��,,,,,,�„�s�:s:,:. ATTEST: � Lois Koehler, Secretary Corporate Seal � ACORD INSURANCE BINDER OPID °^� ;• 03 23/05 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER q/G No �ct: 573-335-3307 COMPANY BINDER* 2649 573-335-58 4 �y�ggyg_gg�gITY INSURANCl3 W. L. WALFCER-LAKE�NAN 1.1.� SOIITH $ROADVIEW MTE TIME DATE TIIME P 0 BOX 7 3 3 X n�,t X iz:o��n� CAP$ GIRARDEAII MO 63702-0733 03/25/05 12:01 PM 04/24/0� r�ooN Jona than M S t ahl THIS BIN�ER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: 3201172 SUBCODE: PEREXPIRINOPOLICY#: P8�=NG CUSTOMER 1D: KOF+IiSNl DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY(Includlnp Locatbn) INSURED LOCStj.OIIi 0��. Suildiagi �OZ Roehler 8nginearisig & 194 COKLR LANB Surveyiag Inc. 194 Coker Lane Cape C3irardeau MO 63701 COVERAGES UMITS NPE OF INSURANCE COVERAGEIFORMS DEDUCTIBLE COINS% AMOUNT PROPERTY CAUSESOFLOSS BIIILDING �.�OOO HO SOO�OOO BASIC � BROAD�X SPEC CONTBNTS 1,OOO 8O ZOO,OOO X EARTHQIIARB GENERAL LIABILITY EACH OCCURRENCE S 1�O O O�O O O X COMMERCIAL GENERAL LIABILffY FIRE DAMAGE(My One fl►e) S 3 O O�O O O CLAIMS MA�E �OCCUR MED EXP(My one person) S 1 O�O O O X PROF ]3XCLIIDED PERSONAL 8 ADV INJURV S 1�O O O�OO O GENERAL AGGREGATE 5 2�O O O�O O O RETRO DATE FOR CLAIMS MADE: PRODUCTS•COMP/OP AGG S a�O O O�O O O AUTOMOBILE IIABILITY COMBINED 31NCiLE LIMR S 1�O O O�O O O X ANY AUTO BODILY INJURY(Per person) S ALL oWNED AUTOS BODILY INJURY(Per acddent) S ' SCHEDULED AUTOS PROPERTY DAMkGE S X HIRED AUTOS MEDICAL PAYMENTS S 5�O O O X NONAW NED AUTOS PERSONAL INJURY PROT S ' UNINSURED MOTORI5T i�.�O O O�O O O mm�xxxsvnsa Kar S 1,0 0 0,0 0 0 AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES X SCHEDULED VEHICLES X ACTUAL CASH VALUE X COLLISION: S O O STATED AMOUNT S X OTHER THAN COL: S O O OTHER GARAGE LIABILfTY pUTO ONLY-EA ACCI�ENT S ANY AUTO OTHER TNAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S FJ(CESS LIABILITY EACHOCCURRENCE. 23,OOO,OOO X UMBRELLA FORM AGGREGATE S 3�.O O O�O O O OTHER THAN UMBRELLA FORM RETRO�ATE FOR CLAIMS MADE: SELF-INSURED RETENTION S I.O�O O O X WC STATUTORY UMffS WORKER'S ACNp PENSATION E.L.EACH ACCIDENT i�.�O O O�O O O EMPLOYER'S LIABILITY E.L.DISEASE-EA EMPLOYEE S I.�O O O�O O O E.L.DISEASE-POIICY LIMIT S Z�O O O�O O O SPECIAL �Qu=pMENT FLOATER TOTAL LIMIT $233,184 WITH $1,000 DSDUCTISLS FEES s CONDITIONS/ OTHER TAXES COVERAGES S ESTIMATED TOTAL PREMIUM S NAME&ADDRESS � MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN# AUTHORIZED REPRESENTATNE Joaathan M Stahly ACORD 75S(1/98) NOTE:IMPORTANT STATE INFORMATION ON REVERSE SI �ACORD CORPORATION 189� .� . •' Attachment'A' KOEHLER ENGINEERING & LAND SURVEYING, INC. Rate Schedule,Effective 1-1-2005 Emplovee C/assi�cation Hourly Rate Overtime Rate Principal Engineer $ 85.00 $ 85.00 Professional Engineer $ 70.00 $ 70.00 Engineer II $ 60.00 $ 60.00 Engineer I $ 50.00 $ 50.00 Engineering Technician $ 47.50 $ 47.50 Registered Land Surveyor $ 65.00 $ 65.00 Surveyorll $ 50.00 $ 50.00 2 Man Conventional Survey Crew $ 90.00 $ 110.00 3 Man Conventional Survey Crew $ 110.00 $ 130.00 2 Man(or 1 Rover)GPS Survey Crew $ 110.00 $ 150.00 3 Man(or 2 Rover)GPS Survey Crew $ 160.00 $ 195.00 Construction Inspector $ 45.00 $ 55.00 Clerical/Administrative $ 27.50 $ 35.00 Asphalt/Concrete-Masonry/Soil Technicians $ 37.00 $ 37.00 Testinp Fees: Concrete/Masonrv: Per Test Concrete Mix Design,Testing,report(Sub-Con.) $ 1,250.00 Aggregate Base Gradation Design/Spec.for Concrete $ 500.00 Cylinder-Cube: Cast/Break $ 13.00 Capping Cylinders(when necessary) $ 5.00 Masonry Prism-Cast, Cure, Break $ 75.00 Concrete Coring Varies,based on#&Dia. Nuclear Gage: $ 12.00 $ 12.00 (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 ca//s for engineering, surveying, or inspection/testing sfaff personnel. Specimen retrieval on days following pours or masonry assemb/ies is charged at the hourly rate for a maferials technician. Report Generation for Materials Tesfing is charged at the rate of$37/hr. Soil(asahalt as applicable): Atterburg Limits(Liquid, Plastic, Shrinkage if Requested) $ 150.00 Nuclear Gage: $ 12.00 $ 12.00 Relative Densiry Test(aggregates) $ 175.00 Dynamic Penetrometer Bearing Values $50.00/hr Standard Procter $ 175.00 Modified Procter $ 200.00 Sieve Analysis Varies, Based on Sample Various Other Test Rates Available upon request: Materials charged @ Cost x 1.10;Travel Time is typically charged one-way,and mileage is charged at$0.37/mile