HomeMy WebLinkAboutRES.2447.05-04-2009 BILL NO. 09-79 RESOLUTION NO. ,��T
A RESOLUTION AUTHORIZING THE INTERIM CITY
MANAGER TO EXECUTE A GENERAL ENGINEERING
SERVICES AGREEMENT WITH HORNER AND SHIFRIN,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE l . The Interim City Manager, for and on behalf of
the City of Cape Girardeau, Missouri, is hereby authorized to
execute a General Engineering Services Agreement with Horner and
Shifrin, in the City of Cape Girardeau, Missouri . A copy of
said Agreement is attached to this Resolution and made a part
hereof .
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PASSED AND ADOPTED THIS ���� DAY OF / " L� , 20�.
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. Knudtson, Mayor
ATTEST:
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Gayle L. Conrad, City Clerk , ��4 � �1'�
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GENERAL ENGINEERING SERVICES AGREEMENT
The following items comprise the General Engineering Services Agreement by and
between the CITY OF CAPE GIRARDEAU, MISSOURI, (the "Owner") and Horner&
Shifrin, Inc., (the Engineer").
WITNESSETH:
WHEREAS, the Owner is desirous of procuring engineering services for a variety of
projects, and the Owner is desirous of retaining a consulting engineer for such works
hereinafter called the "Project"; said project and related engineering services to be
defined in a separate written Amendment to this agreement; and
WHEREAS, the Owner represents himself as being free of contractual obligation for said
works to any other engineer or engineering firm; and
WHEREAS, the Engineer is qualified by training and experience and is willing to
perform the engineering services necessary to said work, and such services are
understood to be professional and non-competitive in nature;
NOW THEREFORE, the Owner and Engineer for the considerations hereinafter set forth,
agree as follows:
I. The Engineer agrees to provide upon request and as described in a written
Amendment to this Agreement the following engineering services for the Project:
A.STUDY/DESIGN PERIOD SERVICES. During the development of the Project the
Engineer will perform requested design and management functions that may include:
1. Prepare preliminary design memorandum, preliminary layout drawings and
preliminary cost estimate for the Project for the review of the Owner.
2. Conduct detailed field surveys for final drawings.
3. Prepare detailed drawings, technical specifications, construction bidding and contract
documents for the Project.
4. Assist the Owner in applying for those permits and approvals typically required for
similar projects.
5. Make personal appearances before review authorities and attend public meetings.
6. Assist in negotiations for property acquisition and other rights.
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7. Assist the Owner in procuring prospective bidders.
B. CONSTRUCTION PERIOD GENERAL SERVICES. During the construction
phase of the Project the Engineer will perform requested contract administrative and
management functions that may include:
1. Attend the bid opening and tabulate bid proposals, make an analysis of the bids, and
make recommendations for awarding contracts for construction.
2. Assist the Owner in preparation of documents for award of contracts and attend a pre-
construction conference to discuss project details.
3. Review of Contractor's schedule of work.
4. Issue instructions of the Owner to the contractor.
5. Make necessary interpretations or clarifications of the contract documents.
6. Review, comment on and approve shop drawings
7. Review of equipment and materials.
8. Preparation and processing of any required change orders.
9. Disapprove or reject work which the Engineer believes is defective, and order special
testing if deemed necessary.
10. Review and process Contractor's payment requests. Assist the Owner in
preparation of funding reimbursement requests.
11. Provide consultation, advice and make reports, as requested by the Owner but not
more frequent than monthly, on the progress and character of the work.
12. Upon completion of the construction work, conduct a final inspection.
13. The Engineer shall not be responsible for the acts or omissions of any contractor,
subcontractor or their agents or employees or any other person at the site or otherwise
performing any of the contractor's work.
14. These basic services shall not include additional or extended services made
necessary from major changes in the project which would make the compensation not
commensurate with the additional services rendered, or made necessary by work
damaged by fire or other cause, a significant amount of defective or neglected work of
the contractor, prolongations of the contract time or default by the contractor.
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15. Maintain all books, documents, papers, accounting records and other evidence
pertaining to cost incurred and to make such materials available at his office at all
reasonable times during the contract period and for three years from the date of final
payment under the contract, for inspection by the Owner.
16. Grant appropriate credit for any residual values of special equipment if acquisition of
such special equipment is required for the performance of this contract.
C. CONSTRUCTION OB5ERVATION: The Engineer's construction observation
service may include the following:
1. Visit the project at appropriate intervals during construction as required to deternune
if the work is proceeding in general accordance with the plans and specifications.
2. Aid in coordinating the work of the various construction and utility forces involved in
the Project.
3. Prepare lists of items to be corrected, added or deleted to make the work conform to
the plans and specifications.
4. Review requests for payment for accuracy and adequate testing.
5. Keep records of change orders and field changes.
6. Provide a 1-time staking of the horizontal and vertical control points for the
construction.
7. Provide assistance in making arrangements for the relocation and adjustment of
existing utilities and related improvements.
8. Observe methods of placement of fill and subgrade preparation for general compliance
with the specifications.
9. Observe visually and require supplier certification of piping, concrete,
reinforcing steel, paving materials and other miscellaneous materials for
general conformance with the specifications.
10. The Engineer's undertaking hereunder shall not relieve the construction and material
sources of their obligations to perform the work in conformity with the plans and
specifications and in a workman-like manner; shall not make the Engineer an insurer of
the Project; and shall not impose upon the Engineer any obligation to see to it that the
work is performed in a safe manner.
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D. ADDITIONAL SERVICES: The Owner reserves the right to request additional
work, and change the duties of the Engineer as deemed appropriate for specific projects
and as agreed to by the Engineer.
II. The Owner agrees to cooperate with the Engineer in the performance of the work,
including the following:
A. Provide full information as to the Owner's requirements for the Project.
B. Furnish all maps, data, reports, drawings, plans, and allied information as may be
possessed by the Owner, and reasonably pertain to the project.
C. Furnish all easements and rights-of-way and entry to private property as may be
required for the prosecution of the work.
D. Furnish labor and equipment as may be reasonably required for subsurface
explorations, inspections and determinations of existing conditions.
E. Examine all studies, reports, sketches, estimates, specifications, drawings,
proposals and other documents presented by the Engineer and render decisions pertaining
thereto within a reasonable time so as not to delay the services of the Engineer.
F. Review the Engineer's recommendations for, authorize and assume the costs for
laboratory tests, soil borings, geotechnical services and reports and other specialized
services as may be required for the Project.
G. Upon written authorization from the Owner the Engineer will perform additional
services for site, property or easement surveys and descriptions, and preparation of maps,
drawings or estimates related to acquisition of land or easement rights. Payment for these
services shall be agreed to in writing as an addendum to this agreement by the Owner and
the Engineer.
H. Pay for all costs incidental to obtaining bids or proposals.
I. Provide such legal, accounting and insurance counseling services as may be required
for the Project.
J. Give prompt notice to the Engineer whenever the Owner observes or other wise
becomes aware of any defect in the Project.
K. Designate in writing a person to act as Owner's representative with respect to the
work to be performed under this Agreement; and such person shall have complete
authority to transmit instructions, receive information, interpret and define OWNER'S
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policies and decisions with respect to materials, equipment, elements and systems
pertinent to the services covered by this Agreement.
III. The Owner and the Engineer agree that this contract shall remain in effect for two
years. Project specific time schedules shall be as agreed to in contract amendments.
IV. The Owner's Payments to the Engineer. The Owner agrees to pay the Engineer for
specific projects as agreed to in contract amendments.
V. The Owner and Engineer further agree that:
A. TERMINATION. This agreeinent may be terminated by either party by a seven-day
written notice in the event of substantial failure to perform in accordance with the terms
hereof by the other party through no fault of the terminating party. No prejudice shall be
allowed either party because of delays caused by review of other agencies. If this
Agreement is so terminated, the Engineer shall be paid in full for services rendered prior
to termination. It is mutually agreed by both parties that if due to an Act of God, a
National Emergency or for any reason over which either party has no control, it becomes
necessary to terminate this contract; then a settlement will be made by the Owner with
the Engineer in proportion to the amount of work completed.
B. OWNERSHIP OF INSTRUMENTS OF SERVICE. All reports, drawings, computer
files, field data, notes and other documents and instruments prepared by the Engineer as
instruments of service shall remain the property of the Engineer. The Engineer shall
retain all common law, statutory and other reserved rights, including the copyright
thereto. The Engineer will provide the Owner with a reproducible copy of the final plans
for use in maintenance and operation of the project.
The Engineer shall maintain all records, survey notes, design documents, cost accounting
records & other data concerning the project for three years following completion. Said
records shall be made available for inspection by authorized representatives of the
Owner.
C. DISPUTES. All claims, disputes and other matters in questions arising out of, or
relating to, this Agreement or the breach thereof shall be submitted to non-binding
mediation unless the parties mutually agree otherwise.
D. SEVERABILITY. Any term or provision of the Agreement found to be invalid under
any applicable statute or rule of law shall be deemed omitted ant he remainder of this
Agreement shall remain in full force and effect.
E. CHANGES IN WORK. If the design of the Project is significantly changed as a result
of review by the Owner or other agency so as to require extra work or change in work,
compensation provided for elsewhere in this Agreement shall be subject to re-negotiation.
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F. DELAYS AND EXTENSIONS. If modifications or changes in the scope of the
Project are requested by the Owner or required by reviewing agencies, or if the progress
of the engineering work is hindered by unavoidable delays the time of performance shall
be appropriately adjusted.
G. RESPONSIBILITY FOR CLAIMS AND LIABILITY. The Engineer agrees to hold
the Owner harmless from all claims and liability due to his negligent acts or the negligent
acts of his subcontractors, agents or employees.
The Engineer' s aggregate liability for all damages connected with its services for the
Project, not excluded by the preceding subparagraph, will not exceed the liability
coverage on the certificate of insurance presented to OWNER
H. INSURANCE. Without limiting the liability hereunder, Engineer shall maintain
during the life of this agreement the following insurance and furnish the Owner,
certificates if 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 Owner. 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 Employers Liability
Coverage in the minimum amount of$1,000,000 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. Engineer's 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 Engineer's Professional Liability Insurance shall include
contractual Liability Coverage for the liability assumed by Engineer, 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.
I. CONFIDENTIALITY. 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.
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J. ESTIMATES. Since the Engineer has no control over the cost of labor, materials,
or equipment, or over the Contractor(s)'methods of determining prices or over
competitive bidding or market conditions, his estimates of cost for the Project provided
for herein are to be made on the basis of his experience and qualifications and represent
his best judgment as a design professional familiar with the construction industry, but the
Engineer cannot and does not guarantee that proposals, bids or the Project construction
cost will not vary from cost estimates prepared by him.
IN WTTNESS WHEREOF, the duly authorized representatives of the Owner and the
Engineer have this ��day of�, 2009, hereunto subscribed their
names.
The Engineer: Horner& Shifrin, Inc.
By:��,�. � �ri ` C:�e.v;�
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Title: AS��c�4�e �.°t 4 P<.o��c.P�,-�-'
The Owner: CI'I'Y OF CAPE GIRARDEAU, MISSOURI
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General Engineering Services Agreement
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