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HomeMy WebLinkAboutRES.1360.04-20-1998 BILL N0. 98-72 RESOLUTION NO. %����� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BOWEN ENGINEERING & SURVEYING, INC. , FOR A RAILROAD SPUR TRACT 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 Contract with Bowen Engineering & Surveying, Inc. for a railroad spur tract located in the Greater Cape Girardeau Industrial Park, funded by the Community Development Block Grant Program (97-ED-14) . A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS 6�UF DAY OF � , 19 [� A. . Spradling, III , or ATTEST : r:, z'�,: ;� , � � yf Gayl L. Conrad ��, s.�`� �Deputy Ci�y Cle�k r � .. -^`�''v ENGINEERING SERVICES CONTRACT City�f Cape Girardeau and Bowen Engineering & Surveying, Inc. This contract is befinreen The CITY OF CAPE GIRARDEAU, hereinafter referred to as the "City", and BOWEN ENGINEERING & SURVEYING, INC., 105 So. Hope Street, Jackson, M0. 63755, hereinafter referred to as the "Engineer". Whereas the City requires professional engineering services for design and construction supervision of a railroad spur track; the Engineer agrees to provide the City with said engineering services, engineering and construction inspection phases of the project. The project is located in the Greater Cape Girardeau Industrial Park" and is funded by the �� "Community Development Block Grant Program (97-ED-14)" The City and Engineer mutually agree as follows: ARTICLE I - SCOPE OF SERVICES A. DESIGN PHASE -The Engineer will: 1. Assist the City in coordinating the project with "SEMO Regional Planning Commission", "Cape Girardeau County", the "State of Missouri", "Burlington Northern & Santa Fe Railroad,"and "Biokyowa Inc," and determine 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 that may be required. 4. Prepare altemative designs, and recommend the best design based on studies, present cost estimates, develop final plans and specifications. 5. Assist in securing adequate property title information, determine right-of- way boundaries and prepare easements, and other right-of-way documents required for successful execution of the project. 6. Insure compliance with water quality and flood plain management requirements by coordinating with the Missouri Department of Natural Resources, the U.S. Army Corps of Engineers, and other regulatory agencies. � 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 the construction contract without the City's expressed written authorization. The Engineer will endeavor to protect the city against defects and deficiencies in workmanship and materials. However, providing project representation will not make the Engineer responsible for construction methods and procedures employed by the contractor, or for failure of the contractor to perform work in accordance with the contract documents. More specifically, the Engineer's services will include the following: 1. Assist the City with a preconstruction conference to discuss project details with the contractor. 2. Make periodic site visits and as directed by the City to observe the con- tractor'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 site 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 prior to work being performed. 6. Review posting, equal employment opportunity and other related items called for in the contract documents. 7. Inspect materials, review material certifications furnished by contractor, sample concrete and other materials as required, and arrange for laboratory testing of samples by others on a subcontract basis if required. 2 8. Maintain project diary and other project records, 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 as-built 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 appropriat�, including modifying this contract. Any Contract changes will require a supplemental agreement. ARTICLE I11 - RESPONSIBILITIES OF CITY The City will cooperate with the Engineer in the development of the project, including the following: A. Make available all information pertaining to the project which may be in the possession of the City. 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, and render decisions thereon 'in a prompt manner so the Engineer will not be delayed in the performance of his duties. ARTICLE IV - STANDARDS Design criteria will be in accordance with Standard Specifications of the City of Cape Girardeau. In the event such specifications are not available, other generally acceptable specifications such as the latest version of"Missouri Standard Specifications for Highway Construction" and "Manual for Railway Engineering", will be used or amended as appropriate, to meet specific design requirements. 3 ARTICLE V - COMPENSATION For services provided under this contract, the City will compensate the Engineer as fol lows: � A. For the design phase of this project as specified herein including work through the construction contract award stage, the city will pay the engineer in accordance with the rates set forth in attachment "A". The total compensation for "Engineering Design" shall not exceed Thirty one Thousand Dollars ($31,000.00). For the construction phase of this project as specified herein, the city will pay the engineer in accordance with the rates set forth in attachment "A". The total compensation for "Construction Engineering" shall not exceed Twenty Three Thousand, Five Hundred Dollars ($23,500.00) Additional work required by third party Consultants, are `not included in this basic agreement. Third party Consultants will only be employed if required and approved by the City. B. The rates in attachment "A" include all direct payroll general and administrative overhead, specialized equipment costs, payroll taxes, holiday and vacation pay, sick leave pay, insurance benefits, retirement and incentive pay. D. Method of payment - partial payments for completed work will be made to the engineer upon receipt of itemized invoices. Invoices will be submitted on a monthly basis. Invoices submitted on or befofre the 20th day of any month shall become due and payable on the 10th day of the following month. Invoices for Engineering Design Phase shall be submitted separately from invoices for the Construction Inspection Phase. ARTICLE VI - PERIOD OF SERVICE The Engineer will commence work within finro weeks after receiving notice to proceed from the City. The design of this project must be coordinated with Biokyowa Inc. The location of the spur track within Biokyowa, Inc. property is unknown. The exact location of the new Biokyowa track is currently under study. Preliminary Design cannot be completed until the location of the Biokyowa track is finalized. The general phases of work will be completed in accordance with the following schedule: 4 A. Preliminary design phase -Within 120 calendar days after receipt of notice to proceed, and after determination of the spur location in the Biokyowa property. B. Final design phase -Within 90 calendar days after completion of review of preliminary plans by City. c. Construction Phase -The Engineer shall perform all construction inspection and staking on a schedule that will not delay the Contractor. The above times are exclusive of review time by other agencies and exclusive of time needed to acquire right-of-way. The City will grant time extensions for unavoidable delays beyond the control of the Engineer. Requests for extensions of time shall be requested in writing by the Engineer, stating fully the reasons for the request. ARTICLE VII - COVENANT AGAINST CONTINGENT FEES The Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working for the engineer, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. 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 Engineering charge of the work. ARTICLE IX - OWNERSHIP OF DOCUMENTS 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 such information produced under this contract shall be available for use by the City without restriction or limitation on its use. If the City incorporates any portion of the work into a project other than that for which it was perFormed, the City shall save the Engineer harmless from any claims and liabilities resulting from such use. 5 ARTICLE X - DECISIONS UNDER THIS CONTRACT The City will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The city's decision shall be final and conclusive. ARTICLE XI - SUCCESSORS AND ASSIGNS The City and the Engineer agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XII -ATTACHMENTS The following exhibits are attached hereto and are hereby made part of this contract: Attachment A - Charge-out rates. ARTICLE XIII - TERMINATION OF CONTRACT FOR CAUSE. If, through any cause, the Engineer shall fail to fulfill in a timely and proper manner his obligations under this contract, 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 such termination. In such 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 XIV - TERMINATION FOR CONVENIENCE OF THE CITY The City may terminate this contract at any time by giving at least ten (10) days notice in writing to the Engineer. If the contract is terminated by the City as provided herein, the Engineer will be paid for the time provided and expenses incurred. ARTICLE XV - CHANGES The City may, from time to time, request changes in the scope of the services to be performed. Such changes, including any increase or decrease in the amount of the Engineer's compensation, which are mutually agreed upon by the City and the Engineer, shall by incorporated in written amendments to this contract. 6 ARTICLE XVI - PERSONNEL A.) The Engineer represents that he has, or will secure at his own expense, ali personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the City. B.) All of the services required hereunder will be performed by the Engineer or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. C.) None of the work or services covered by this contract shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this contract. ARTICLE XVII - ASSIGNABILITY The Engineer shall not assign any interest on this contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the City: Providing, however, that claims for money by the Engineer from the City under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the City. ARTICLE XVIII - REPORTS AND INFORMATION The Engineer, at such times and in such form as the City may require, shall furnish the City periodic reports pertaining to the work or services undertaken pursuant to this contract. ARTICLE XIX - RECORDS AND AUDITS The Engineer shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the City or any authorized representative, and will be retained for three years after the expiration of this contract unless permission to destroy them is granted by the City. � ARTICLE XX - FINDINGS CONFIDENTIAL All reports, information, data , etc. prepared or assembled by the Engineer under this contract are confidential and the Engineer agrees they shall not be made available to any individual or organization without the prior written approval of the City. ARTICLE XXI - COPYRIGHT No report, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the Engineer. ARTICLE XXII - COMPLIANCE WITH LOCAL 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 XXIII - INSURANCE Without limiting the liability hereunder, Bowen Engineering and Surveying shall maintain during the life of this agreement the following insurance and furnish the City , in duplicate, certificates of insurance as evidence thereof. Such certificates shall provide that cancellation of said insurance shall not be effected 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$100,000 for each occurrence. 2. Architect's and Engineers Professional Liability Insurance. Bodily injury and property damage combined single limit - $1 million each claim, $5 million aggregate. The Architect's and Engineer's Professional Liability Insurance shall include contractual Liability Coverage for the liability assumed by Bowen Engineering and Surveying under this Agreement, subject to the terms and conditions of the policy. The Local Agency shall be named as an additional insured in the Certificate for Commercial General Liability. ARTICLE XXIV - EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this contract, the Engineer agrees as follows: 8 A.) The Engineer will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, religion, or sex. The Engineer will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, national origin, religion, or sex. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The Engineer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. B.) The Engineer will, in all solicitation or advertisements for employees placed by or on behalf of the Engineer, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, religion, or sex. C.) The Engineer will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. D.) The Engineer will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. E.) The Engineer will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the City and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F.) In the event of the Engineer's noncompliance with the non-discrimination clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Engineer may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanetions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. G.) The Engineer will include the provisions of paragraphs (A) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor or vendor. The Engineer will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however that in the event the Engineer becomes involved in, or is threatened with, 9 litigation with a subcontractor or vendor as a result of such direction by the City, the Engineer may request the United States Government to enter into such�litigation to proteet the interests of the United States. 12. Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 13. Section 109(a) of the Housing and Community Development Act of 1974. A.) No person in the United States shall on the ground of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity. 14. Section 503 of Rehabilitation Act of 1973, as amended, provides for the non- discrimination in contractor employment. All recipients of Federal Funds must certify to the following through all contracts issued: Affirmative Action for Handica�ped Workers A.) The Engineer will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Engineer agrees to take affirmative action to employ, advance in employment and to otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment upgrading, demotion or transfer: recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. B.) The Engineer agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. C.) In the event of the Engineer's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules , regulations, and relevant orders of the Secretary of Labor issued pursuant of the Act. D.) The Engineer agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the Engineer's o�ce. Such notices shall state the Engineer's obligation under 1.0 the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. E.) The Engineer will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Engineer is bound by terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. F.) The Engineer will include the provisions of this clause in every subcontract or purchase order of$2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Sections 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. 15. Section 504 of the Rehabilitation Act of 1973, as amended, provides for non- discrimination of an otherwise qualified individual solely on the basis of his/her handicap in benefiting from any program or activity receiving Federal financial assistance. All recipients must certify to compliance with all provisions of this Section. 16. A4e Discrimination act of 1975. No person in the Untied States, on the basis of age, may be excluded from participation in, be denied benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance. 17. Interest of Members of the Citv. No member of the governing body of the City and no other officer, employee, or agent of the City who exercises any functions corresponding in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this contract, and the Engineer shall take appropriate steps to assure compliance. 18. Interest of Other Local Public Officials. No member of the governing body of the commom locality, and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this contract, and the Engineer shall take appropriate steps to assure compliance. 19. Nothing in this contract shall make the Engineer responsible for acts the County, City or other persons not employed by the Engineer. 11 ARTICLE XXV - INTEREST OF ENGINEER AND EMPLOYEES The Engineer covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the perFormance of his services hereunder. The Engineer further covenants that in the performance of this contract, no person having any such interest shall be employed. Attachment "A" CHARGE-OUT RATES FOR DISCIPLINES � Disciqline Hourly rate SENIOR ENGINEER $65.00 DESIGN ENGINEER 55.00 JUNIOR ENGINEER 40.00 CHIEF DESIGN TECHNICIAN 40.00 LAND SURVEYOR 40.00 CAD OPERATOR 30.00 ENG. TECHNICIAN 30.00 SECRETARY 25.00 TWO MAN SURVEY CREW 65.00 THREE MAN SURVEY CREW 75.00 FOUR MAN SURVEY Crew 105.00 Direct costs Travel: Mileage @ $0.30 " Executed by the Engineer this��day o , 1998. Executed by the City thi�day of�Dr�_, 1998. r, �ify of. ,a�pe�Girardeau r ,�-, . r , �' � s : ' ,� , F Y �.-t• � .:�# a` �: � Y �f J - . � ,�:�, J�..s ' . =� ' ael G� N�,af�e�; City Manager z ;�;� . �:, p r•' i�-. ,,,, +J .i Attest: � �AD� For: Bowen Engineering & Surveying ��� � Richard I. Bowen, P.E., President � , � Attest: Jim L on, Associate� F:IW POOCS\BIOKYOWA�ENGINEER.CON