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HomeMy WebLinkAboutRES.1724.11-05-20017 BILL NO 2001-219 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GROJEAN ARCHITECTS, INC., FOR THE RED HOUSE INTERPRETIVE CENTER DESIGN FOR THE CAPE GIRARDEAU LEWIS AND CLARK BICENTENNIAL COMMISSION 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 Grojean Architects, Inc., (Ronald Grojean) for design of the Red House Interpretive Center for the Cape Girardeau Lewis and Clark Bicentennial Commission. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS ra: I"e I�'. Co hi City Clerk &' DAY OF ' (, 20 A. M. Spradling, III, MayLr) SPONSOR: CITY OF CAPE GIRARDEAU, MISSOURI CART ROAD NO./STREET: 128 S. MAIN STREET, CAPE GIRARDEAU, MISSOURI PROJECT: RED HOUSE INTERPRETIVE CENTER— STP -1500(011) THIS CONTRACT is between the City of Cape Girardeau, Missouri, hereinafter referred to as the "Local Agency" and Ronald L. Grojean, Grojean Architects, 601 N. Kingshighway, Cape Girardeau, Missouri, hereinafter referred to as the "Architect." INASMUCH as funds have been made available by the Federal Highway Administration through its Transportation Enhancement Funds program, coordinated through the Missouri Department of Transportation, the Local Agency intends to construct the Red House Interpretive Center and requires professional architectural services. The Architect will provide the Local Agency with professional services hereinafter detailed for the planning, design and construction inspection of the desired improvements and will waive any and all fees, as a donation towards the project. It is mutually agreed as follows: ARTICLE I — SCOPE OF SERVICES A. DESIGN PHASE — The Architect will: 1. determine the needs of the Local Agency for the project: 2. conduct property and utility surveys sufficient to develop plans for the project; 3. arrange for subsurface investigations if needed; 4. prepare designs and cost estimates, develop preliminary plans, and recommend to the Local Agency the best .overall general design based on these studies; 5. submit four copies of preliminary plans, estimates and studies for review by the Local .Agency and Missouri Department of Transportation (MoDOT); 6. based on approvals of preliminary plans, prepare detailed, construction plans, cost estimates and related documents as necessary for the purpose of soliciting bids for constructing the project. Provision will be made in the contract documents for that portion of the work that will be performed by Local Agency's forces; 7. provide the Local Agency with five sets of completed plans, specifications and cost estimates for the purpose of obtaining construction authorization from the Missouri Department of Transportation. Page 1 of 7 B. BIDDING PHASE — The Architect will: upon receipt of construction authorization from MoDOT, make final corrections resulting from the reviews by agencies involved, and provide an adequate number of plans, specifications and bid documents to the Local Agency; 2. provide the Local Agency with a list of qualified area bidders and assist Local Agency in advertising for bids; and 3. assist the Local Agency in evaluating bids and requesting concurrence in award from MoDOT. C. CONSTRUCTION PHASE — The Architect will serve as the Local Agency's representative for administering the terms of the construction contract between Local Agency and their Contractor. Architect will endeavor to protect the Local Agency against defects and deficiencies in workmanship and materials in work by the Contractor. However, the furnishing of such project representation will not make Architect responsible for the construction methods and procedures used by the Contractor or the Contractor's failure to perform work in accordance with the contract documents. Architect's services will include more specifically as follows: 1. assist the Local Agency with a preconstruction conference to discuss project details with the Contractor; 2. make periodic site visits to observe the Contractor's progress and quality of work, and to determine if the work conforms to the contract documents. It is contemplated that survey staking and layout will be accomplished by the contractor's forces. 3. check shop drawings and review schedules and drawings submitted by the Contractor; 4. . reject work not conforming to. the project documents; 5. Prepare change orders for issuance by the Local Agency as necessary and assure that proper approvals are made prior to work being performed; 6. Maintain progress diary and other project records, measure and document quantities, and prepare monthly estimates for payments due the Contractor; 7. Be present during critical construction operations, including but not limited to the following: a. structure layout; b. excavation and backfilling; C. checking of reinforcing steel prior to concrete placement; Page 2 of 7 d. concrete batching and pouring; e. participate in final inspection ARTICLE II — ADDITIONAL SERVICES The Local Agency reserves the right to request additional work and changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed and submitted for the approval by MoDOT prior to performing the additional or changed work or incurring any additional cost thereof Any change in compensation will be covered in the supplement. ARTICLE III — RESPONSIBILITIES OF LOCAL AGENCY The Local Agency will cooperate fully with the Architect 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 Local Agency; B. provide the Architect with the Local Agency's requirements for this project; C. make provisions for the Architect to enter upon property at the project site for the performance of his duties; D. examine all studies and layouts developed by the Architect, obtain reviews by MoDOT, and render decisions thereon in a prompt manner so as not to delay the Architect; E. designate a person in the Local Agency's employ to act as Local Agency's representative under this contract, such person to have authority to transmit instructions, interpret the Local Agency's policies and render decisions with respect to matters covered by this agreement; ensure compliance with historic' preservation requirements through coordination with the Missouri Department of Natural Resources, and if deemed necessary, arrange to have the site examined by a qualified archeologist on a subcontract . basis: F.' ensure compliance with all regulations in regards to noise abatement and air quality, if necessary; and G. Review wage rates, postings, equal employment opportunity and other related items called for in the contract documents; H. perform appraisals and appraisal review, negotiate with property owners and otherwise provide all services in connections with acquiring all right-of-way needed to construct this project; and I. furnish an inspector to observe the contractor's day-to-day operations. Page 3 of 7 ARTICLE IV - PERIOD OF SERVICE The Architect will commence work within two weeks after receiving notice to proceed from the Local Agency. The general phases of work will be completed in accordance with the following schedule: A. Preliminary Design Phase — Within 14 calendar days after receipt of notice to proceed; B. Final Design Phase — Within 30 calendar days after completion of review of preliminary plans be Local Agency and MoDOT; and C. Construction Phase — As desired by the Local Agency and on a schedule so as not to delay the Contractor. ARTICLE V — COMPENSATION The Architect agrees to provide services under this contract without compensation. ARTICLE VI — 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 Local Agency. The subletting of the work shall in no way relieve the architect of his primary responsibility for the quality and performance of the work. ARTICLE VII — PROFESSIONAL ENDORSEMENT All plans, specifications, and other documents shall be endorsed by the Architect and shall reflect the name and seal of the Professional Architect endorsing the work. ARTICLE VIII — RETENTION OF RECORDS The Architect shall maintain all records, survey notes, design documents, cost and accounting records, construction records and other records pertaining to this contract and to the project covered by this contract, for a period of three years after the consultant receives payment of their final invoice from the Local Agency. Said records shall be made available for inspection by authorized representatives of the Local Agency, MoDOT or the federal government during regular working hours at the Architect's place of business. ARTICLE IX — OWNERSHIP OF DOCUMENTS Page 4 of 7 Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become the property of the Local Agency upon termination or completion of work. Basic survey notes, design computations and other data prepared under this contract shall be made available to the Local Agency upon request. All such information produced under this contract shall be available for use by the Local Agency without restriction or limitation on its use. If the Local Agency incorporates any portion of the work into a project other than that for which it was performed, the Local Agency shall save the Architect harmless from any claims and liabilities resulting from such use. ARTICLE X — TERMINATION The Local Agency may terminate the contract at any time by giving written notice. ARTICLE XI — DECISIONS UNDER THIS CONTRACT The Local Agency will determine the acceptability of work performed under this contract and will decide all questions which may arise concerning the project The Local Agency's decision shall be final and conclusive. ARTICLE XII — SUCCESSORS AND ASSIGNS The Local Agency and the Architect 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 XIII — COMPLIANCE WITH LAWS The Architect shall comply with all federal, state, and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination clauses incorporated herein, and shall procure all licenses and permits. necessary for the fulfillment of obligations under this contract. ARTICLE XIV — RESPONSIBILITY FOR CLAIMS AND LIABILITY The Architect agrees to save harmless the Local Agency, MoDOT and FHWA from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors. ARTICLE XV — NONDISCRIMINATION The Architect, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors. The Architect will comply with Title VI of the Civil Rights Act of 1964, as amended. More specifically, the Architect will comply with the regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation, as contained in 49 CFR 21 through Page 5 of 7 Appendix H and 23 CFR 710.405 which are herein incorporated by reference and made a part of this contract. In all solicitations either by competitive bidding or negotiation made by the Architect for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Architect's obligations under this contract and the regulations relative to non-discrimination on the ground of color, race or national origin. ARTICLE XVI — ATTACHMENTS The following exhibits are attached hereto and are hereby made part of this contract: Attachment A — Estimate of Cost Attachment B - Breakdown of Overhead Rates Attachment C- Certification Regarding Debarment, Suspension and Other Responsibility Matters — Primary Covered Transactions. Attachment D - Certification Regarding Debarment, Suspension and Other Responsibility Matters — Lower Tier Covered Transactions Page 6 of 7 Executed by the Architect this day of 12001. Executed by the City this day of ATTEST: ATTEST: BY: City Manager City Clerk FOR: BY: Title Page 7 of 7 ,2001. Inc. ATTACHMENT A ESTIMATE OF COST DESIGN PHASE Hours Rate Cost Surveying Registered Land Surveyor Rodman Preliminary Design Partner Engineer Technician Final Design Partner Engineer Technician Typist SUBTOTAL Payroll Overhead (Est. at %) General and Admin. Overhead (Est. at %) Other Direct Costs Travel, _ trips @ Per Diem Computer Time Printing Subcontract Pass -Through Costs Borings Archaeological Study SUBTOTAL Fixed Fee SUBTOTAL FIG. VI -1-11 Revised 06-12-00 CONSTRUCTION PHASE Hours Rate Cost Engineer Inspector SUBTOTAL Payroll Overhead (Est. at %) General and Admin. Overhead (Est. at %) Other Direct Costs Travel Per Diem Lab Testing Fees SUBTOTAL Fixed Fee TOTAL FOR CONSTRUCTION PHASE FIG. VI -1-12 Rmiud 06-12-00 ATTACHMENT B OVERHEAD RATE BREAKDOWN FOR YEAR 20 PAYROLL ADDITIVES (list individual components) Total Payroll Additives GENERAL AND ADMINISTRATIVE OVERHEAD (list individual components) Total General and Administrative Overhead TOTAL OVERHEAD Less Unallowable Items % TOTAL ALLOWABLE OVERHEAD FIG. VI - 1- 13 Revised 06-12-00 ATTACHMENT C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction, debarred, suspended, ineligible, lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. FIG. VI - 1 - 14 Revised 06-12-00 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transaction" provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and freqaency by which it determines the eligibility of its principals. Each participant may, but is not required to check the Nonprocurement List 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; FIG. VI -1-15 Rcvised 06-12-00