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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. Page A-1 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 � � Y Executed by the Engineer this 30 day of , 2009. Executed by the City this � day of ." � , 2009. , FOR: City o e Girardeau . BY: G�4E GTR,���� co A. Mey r, City Manager o4 ,�� ,, 4�� ���+ •� Yr,,�jr_A � 11 „{!-� � �� ��� !//'�#1}� � ��. l�h I ATTEST: .��� v � r�����j r�(�I o�. ity Clerk `1��`�'�,�� v'�'1� �•�"°"�� \�;T�;k•.,: �V, tiy;:.:. u� , I.�—,,� � Lr`�''�+„j, vY.. � ., .s>�".. �-:i�:::,z,mYi.> - FOR: BOWEN ENGINEERING & SURVEYING, INC. BY: C �. .�--�, - Chris Bowen, President ATTEST: Page A-5