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Home My WebLink AboutRES.2262.04-02-2007 � , BILL NO. 07-60 RESOLUTION NO. �_� �z A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGINEERING SERVICES CONTRACT WITH HENEGHAN AND ASSOCIATES, P.C. , FOR ADDITIONAL SERVICES FOR THE RECONSTRUCTION OF INDEPENDENCE STREET, 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 City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Engineering Services Contract with Heneghan and Associates, P. C. , for additional services for the reconstruction of Independence Street . A copy of said Contract is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS _a� DAY OF , 20 Q� �. � c � � ay B Knudtson, Mayor m O ,� . �,a * s vxi '� ,B,wl�. � � � Gayle L. Conrad, City Clerk ENGINEERING SERVICES CONTRACT CITY OF CAPE GIRARDEAU, MO HENEGHAN AND ASSOCIATES, P.C. THIS CONTRACT, between the City of Cape Girardeau, Missouri, hereinafter referred to as the "City" and Heneghan and Associates, P.C., 1004 State Highway 16, Jerseyville, IL 62052, hereinafter referred to as the "Engineer". Whereas, the City requires professional Engineering services associated with design of the Reconstruction of Independence Street (Pacific St. to Kingshighway), and Whereas the Engineer agrees to provide design services through the bidding phase on a cost plus basis with a fee not to exceed Fifty Four Thousand Dollars---($54,000.00), and in accordance with the conditions set forth herein, or by mutually agreed modifications of this Contract. It is mutually agreed as follows: ARTICLE I - SCOPE OF SERVICES A. PRELIMINARY DESIGN PHASE—After written authorization to proceed with the Preliminary Design the Engineer shall: 1. Independence Street ROW Determination—Make correct determination of the existing ROW despite not having clear documentation of the existing ROW. This involves an extensive amount of researching, calculating, and analyzing to correctly determine ROW. 2. ROW Survey Crew Assistance - Assist the City survey crew in locating additional monumentation in order to establish Independence Street ROW since proper documentation does not exist. 3. Roadway Topography—Determination of where insufficient survey data is available to determine topographic features, property lines, and utility information. Coordination with the City to provide this additional survey data. Drafting of topographic features and contouring from data files of survey points. 4. Intersection Design Study—Provide concept plans, traffic analysis, and recommendations of three signalized intersections. 5. Kingshighway Intersection—Provide a two phase design of the intersection of Independence Street with Kingshighway. Provide coordination with MoDOT for approval with Kingshighway resurfacing. ARTICLE II—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. 1 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 information concerning the project. B. Provide the Engineer with 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. C. Provide the Engineer with the City's requirements for the project. D. Make provisions for the Engineer to enter upon property at the project site for the performance of his duties. E. Examine all studies and layouts developed by the Engineer and provide input to the Engineer on changes the City requires. F. 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. G. Send Invitation to Bid to newspaper and qualified Contractors. H. Distribute Bid Documents to Prospective Bidders. I. 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 2 the purposes of: foundation borings and tests, abstracts of title, and archaeological studies, environmental studies, signalization design, IDS, 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. 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. 3 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 the 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. 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, Heneghan and Associates, P.C. shall maintain during the life of this agreement the following insurance and furnish the City, certificates of insurance as evidence thereo£ 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. 1. Worker's 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 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 Operation. 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 $1,000,000 for each occurrence and $2,000,000 aggregate. 4 4. Architect's and 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 Architect's and Engineer's Professional Liability Insurance shall include contractual Liability Coverage for the liability assumed by Heneghan and Associates, P.C., 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 Not Applicable. ARTICLE XIX—ATTACHMENTS The following exhibits are attached and are with his made part of this Contract: Attachment A— Schedule of Rates for Professional Services 5 Executed by the Engineer this ` day of AP�'� / , 2007. T Executed by the City this_�day of �.g� ;U , 2007. FOR: City of Cape Girardeau J BY: � Mr. Dou as Leslie, City Manager t�' ��"n�`""' ATTEST: � .� :�2 c�. ��` ,,' �'� �' '`'+. � Ms. Ga le Conrad, City Clerk `'' , ,�� ,�` � � � 4 , FOR: Heneghan and Associates, P.C. � ; J� BY: �,�/��` �/`'� � .� --_..._ Dean P. Heneghan, P.E., P , President , ATTEST: M ry K lot , Corporate Secretary 6 Attachment A SCHEDULE OF RATES FOR PROFESSIONAL SERVICES Effective January 1, 2007 Principal Engineer $120.00/hr Senior Engineer 110.00/hr Project Manager 99.00/hr Structural Engineer 110.00/hr Project Engineer 79.00/hr Senior Technician 65.00/hr Technician 47.00/hr Resident Project Representative 47.00-79.00/hr Registered Land Surveyor 77.00/hr Office Manager/Clerical 36.00/hr Three-Man Survey Crew 165.00/hr Two-Man Survey Crew 127.00/hr Expert Witness 160.00/hr Partial listinq of material costs: Hubs, laths, stake $1.00/each Iron Pins 3.00/each R. R. Spikes 2.00/each Concrete Markers 20.00/each Steel Fence Posts 6.00/each Mileage 0.40/mile Mileage - Survey Vehicle 0.50/mile FAX Transmitted (does not include our transmittal page) 2.00/page FAX Received (includes all pages) 1.00/page Reproduction: Blueprints (if job related) $ 0.60/print Blueprints (not job related) - H&A locates mylar 5.00/print Blueprints (not job related) - Customer's mylar 3.00/print Xerox Copies (24" x 36") - First three copies 7.00/copy Xerox Copies (24" x 36") -Additional copies 4.00/copy Photocopies (if job related) 0.10/copy Photocopies (not job related) 0.25/copy Binding Sets 1.00/each Mylar Film (24" x 36") 5.00/sheet Sticky Back Paper (8.5" x 11") 1.50/sheet Vellum (24" x 36") 1.00/sheet 7