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Home My WebLink AboutRES.2429.03-02-2009 , � GENERAL 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. SD (Schematic and 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. B. DD (Design Development) PHASE — After written authorization to proceed with the Design Development the Engineer shall: 1. Determine the right-of-away and easements required for successful execution of the project. Provide necessary exhibits and legal descriptions for necessary acquisition of right-of-way and easements. Assist the City in acquiring the right-of-way and easements. 2. Prepare Drawings, Specifications, and Cost Estimates for the project, incorporating the City standard specifications where available, and preparing specifications and standard details where said City standards are not available. i � . 3. 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. 4. Provide exhibits and obtain any necessary permits. Engineer's expense for permit fees will be reimbursed by the City in addition to the design fees. C. CD (Construction Documents) PHASE — After written authorization to proceed with the Construction Documents the Engineer shafl: 1. Following receipt of final comments from the City, Engineer will complete the final Contract Drawings, Specifications, and Bid Documents, incorporating final comments received from the City. 2. Provide the final Engineers estimate of probable cost for the project construction. D. 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. E. 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 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. 2 . . 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 finat record survey and plans of the project. ARTICLE 11 — 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 pertinent file 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. 3 , , 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 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. 4 J J 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 damages arising from any tort done in performing any of the work embraced by this Contract. s 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. Insurance limits shall meet or exceed the insurance limits for Automobile and General required under Missouri Revised Statutes Chapter 537.610 for the contract period. In addition to these limits, the following insurance shall be provided under this agreement. 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. Architect's and Engineers Professional Liability Insurance. Professional Liability (errors and omissions) shall be carried by the Engineer in the amount of $2,000,000 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— Rate Schedule, 2009 6 Executed by the Engineer this Z4 day of ��ec�A�Ry' , 2009. Executed by the City this � day of�;�_,�,�./,,, , 2009. FOR: City of Cape Girardeau 4�,a'`"�" �,�� s . BY: ; � �r�ti� Ken Efti k, In rim City Manager q . �� d'``� �`�� 'Q`' �� ;��;;� Ot M� �:.� .y..l., \ � 1 �-' ��,1� .rr �i ATTEST: , , .�.='\\ `� ;,?:`� io� � ,�� ,k Ms. G e Conrad, City Clerk �`�` f� c e �€¢� ti ;�: �;.�• ��.��, ,_ � FOR: Koehler En ineering an ying, Inc. ,. � �,,•,� �.��. !� c' � J �,�. .,,J .'�' , ,�,�r; '�y .,f�'�i a !.' _ ',, .� a� � ,� � i .�� . ��' � - . BY: °� � �� `� �'� � � � � Chris Koehler, PE, PLS, President �. '� `r� �. � = , � � ,•-- ��-�f.--, ; � ,, , _.. j ,,` . �R,. .'��'� `��i��:�!`—� f`ti ,, ATTEST: �� Lois Koe ler, Secretary Corporate Seal � � . - Rates forAdditional Services KOEHLER ENGINEERING 8� LAND SURVEYING, INC. General Labor Rates for Standard Projects-2009 (Classifications Listed Below;All shifts) Emplovee Classification Hourly Rate overtime Rate Expert Witness $ 125.00 $ 125.00 Principal Engineer $ 85.00 $ 85.00 Professional Engineer $ 75.00 $ 75.00 Environmental Professional $ 75.00 $ 75.00 Registered Geologist $ 75.00 $ 75.00 Engineer II $ 60.00 $ 60.00 Engineer I $ 50.00 $ 50.00 Senior Engineering Technician $ 55.00 $ 65.00 Engineering Technician $ 47.50 $ 56.00 Registered Land Surveyor $ 65.00 $ 75.00 Surveyor II $ 50.00 $ 60.00 2 Man Conventional Survey Crew $ 105.00 $ 120.00 3 Man Conventional Survey Crew $ 120:00 $ 145.00 Senior Construction Inspector/Materials Tech. $ 47.00 $ 57.00 Junior Construction Inspector/Materials Tech. $ 39.00 $ 49.00 Clerical/Administrative $ 27.50 $ 35.00 Testinq Fees: Concrete/Asphalt/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: $ 24.00 per Day (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 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. Additional Rates for many other test, including triaxial strength, unconfined compression, Marshall mix design, etc. are furnished based upon number of test required and project specifics. Standard prices above may be decreased forsubstantial projects.) s _ � ' ! Soil(asqhalt as applicable): Atterburg Limits(Liquid, Plastic, Plasticity Index) $ 150.00 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$0.40/mile Geotechnical Drillinq and Samplinq Mobilization of Drill Rig Dependent upon job site location Drilling for Depth to Refusal Only $ 10/ft. Drill&Sample with SS $ 13/ft. Rock Coring $50/ft. Laboratory Analysis&Report Generation: Dependent upon Job specifics. Various Other Drilling Rates Available upon request: Materials charged @ Cost x 1.10;Travel Time is typically charged round trip,and mileage is charged at$0.495/mile