HomeMy WebLinkAboutRES.2469.07-06-2009 AMENDMENT NO. 3 TO
ENGINEERING SERVICES CONTRACT
SHAWNEE PARK COMMUNITY CENTER 8� SPORTS COMPLEX
This supplementary agreement amends the Engineering Services Contract, between
Bowen Engineering & Surveying, Inc., hereinafter referred to as the "Engineer", and the
City of Cape Girardeau, hereinafter referred to as the "City". The General Services
Contract, between the City and Engineer, was approved on the 19th day of Mav ,
2008 by action of the City Council's Resolution No. 2356 . This amendment is for
design and construction engineering services relating to the Shawnee Park Community
Center and Sports Complex Project.
Whereas, the City intends to modify the existing Civil Plans for the Shawnee Park project
consisting of eliminating parking areas, modifying storm sewer, adding fence layout and
design, and adding site electrical service and ball field layout and design, and whereas the
Engineer agrees to provide engineering, surveying,testing, and construction management/
contract administration services for this Project, and to complete the work, to the
satisfaction of the City, and for the rates set forth in Attachment "A" of the Engineering
Services Contract.
The Engineer shall develop final plans for the proposed project and submit to the City for
review within thirty (30) calendar days of receipt of a Notice to Proceed. The City shall
review the plans and shall provide to the Engineer written comments on plan changes or
additions within two (2)calendar days. The time from receipt of final plan comments to the
completion of the final bid package shall not exceed three (3) calendar days.
If conditions outside the control of the Engineer occur, or substantial changes to the original
scope of work are req.uired by the City, the Engineer reserves the right to extend the time of
completion dates in an amount to be agreed upon by the Engineer and the City.
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ARTICLE I - SCOPE OF SERVICES
A. DESIGN PHASE - The Engineer will, as required:
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. Survey data shall be provided in State Plane
coordinates.
3. Arrange for any subcontractor services as may be required.
Subcontractor fees shall be approved by the City prior to award of any
subcontract work. Subcontractor fees shall be in addition to the stated
fee for a specific project and shall be submitted as an additional cost on
the project invoices.
4. Prepare alternate designs, cost estimates, develop preliminary plans,
recommend the best design based on these studies and develop final
plans and specifications for the project as directed by the City.
5. 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.
6. Complete all permit applications necessary to insure compliance with
local, state and federal requirements.
7. Prepare Specifications and Bid Documents for the Project, incorporating
the City's standard specifications where available.
8. Assist the City in organizing public meetings as required. This shall
include providing adjacent property owner information to City staff and
attending meetings to discuss the project.
9. Attend public hearings to provide project information to City Council and
answer questions relating to the proposed improvements.
10. Provide copies of final plans and specifications to prospective bidders.
Page A-2
B. BIDDING PHASE - The Engineer will;
1. Provide the City with a list of qualified bidders and assist the City in
advertising for bids.
2. Assist the City in evaluating bids and recommending a Contractor.
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 surveys of installed storm sewer, sanitary sewer and waterline,
improvements and provide record drawings to the City as required. 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
documents.
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 subcontract basis, as
required.
Page A-3
8. Maintain project records, construction diary and other project information,
measurements of quantities, and review monthly estimates for payments
due the Contractor.
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.
The Engineer will provide these services for the hourly rates set forth in the Engineering
Services Contract Attachment"A". The fee for services provided by the Engineer shall not
exceed $43,530. The fee for services provided on a subcontract basis shall not exceed
$9,750. The total fee for this Amendment shall not exceed $53,280. Progress reports shall
be submitted with each monthly pay request. All Articles of the Engineering Services
Contract apply to this amendment, as if fully set forth herein.
Page A-4
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Executed by the Engineer this 30 day of , 2009.
Executed by the City this � day of ." � , 2009.
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FOR: City o e Girardeau
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BY: G�4E GTR,����
co A. Mey r, City Manager o4 ,��
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ATTEST: .��� v � r�����j r�(�I o�.
ity Clerk `1��`�'�,�� v'�'1� �•�"°"��
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FOR: BOWEN ENGINEERING & SURVEYING, INC.
BY: C �. .�--�, -
Chris Bowen, President
ATTEST:
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