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HomeMy WebLinkAboutCityMgrForm.1380.10-04-1978I CITY MANAGER FORM ORDINANCE NO. /:390 AN ORDINANCE APPROVING THE FORM OF AN ENGINEERING SERVICES CONTRACT BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI AND ROBERT J. HAHN, P. E. FOR AIRPORT APRON EXTENSION DESIGN, AUTHORIZING THE MAYOR TO EXECUTE, AUTHORIZING THE PAYMENT OF A SUM OF MONEY WHEREAS, the City of Cape Girardeau, Missouri, proposes to improve the Cape Girardeau Municipal Airport with an airport apron extension, and WHEREAS, there is a need for professional engineering services for design of said improvefL*ts, WHEREAS, Robert J. Hahn, P.E sires to provide said engineering services and enVincontract with the City for said services; NOW, THEREFORE, BED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISFOLLOWS: SECTION 1. The 1tE g eering Service Contract", copy attached hereto rked Ex it °'A°', betwe the City of Cape rid .i z Girardeau, Missou ;i ,anobert J. Hahn,: P.E. , is approved as to forte,Z� SECTIO 2. The yor of t1i6 City of Cape Girardeau, Missouri, s h eb author zed a directed to execute said contract, c y at cYi- eto arked Exhibit "A", for and r off. behalf of e � of Cape irardeau, Missouri. SECTP1 3'.Payment f a sum of money by the City of Cape Girard6au, Missouri to Robert J. Hahn, P.E. for engineering sevices, is jereby authorized to be made in accordance with the 'Nrms acl provisions of said Contract. SECTION 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS 4 DAY OF ATTEST: CITY CLERK 1978. 1 - -- -� MAYOR ENGINEERING SERVICES CONTRACT Agree-ment made , 1978, between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter -called "Owner", and Robert J. Hahn, P.E., Consulting Engineer, of 828 South Kingshighway, Cape Girardeau, Missouri, hereinafter called "Engineer"; Owner intends to engage the professional services of an Engineer for the design of improvements at the Municipal Airport, to -wit® airport apron extension with related items, including the preparation of plans and specifications, resident inspection and testing, for construction of said improvements, hereinafter called "The Project". Owner and Engineer, in consideration of the mutual covenants herein set forth, agree as follows: SECTION 1. BASIC SERVICES OF ENGINEER Engineer agrees to perform professional services in connection with the project as herein stated. Engineer will serve as Owner's professional engineering representative in those phases of the project to which this agreement applies, and will give consultation and advice to Owner during the performance of his services. Engineer agrees to furnish and perform the following professional services for the project: 1. Provide field engineering and necessary surveying. 2. Prepare plans and specifications. 3. Field check plans and coordinate with Owner and the Federal Aviation Administration. 4. Finalize plans and specifications. - 5. Prepare quantity take -off. 6. Prepare bid documents and proposal forms. 7. Provide Owner with ten (10) copies of plans and specifications, including contract documents; all additional copies at Twenty -Five Dollars ($25.00) per set. 8. Review, meet, and consult with Owner as required or necessary in those phases of the project to which this agreement applies. 9. Assist Owner in soliciting bids and analyzing bids. 10. Provide consultation and coordination to Owner during the project construction, including preparation of estimates and change orders. 11. Provide Owner with all information and reports required by the Federal Aviation Administration. 12. Provide resident inspection of the construction '4 of the project, as further defined in Section 2 below. 13. Stake the site for construction. 14. Prepare final "as built" plans and final quantities. 15. Provide Owner with five (5) sets each of reproducible prints of construction plans and final "as built" plans. 16. Provide soil testing through subcontract with soils engineer. 17. Make periodic visits to the site to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the plans and specifications. Engineer will keep the Owner informed of the progress of the work, wi11 endeavor to alert the Owner to defects and deficiencies in the work of the contractor, and may disapprove or reject work as failing to conform to the contract documents. 18. Review and approve shop drawings, diagrams illus- trations, schedules and samples, the results of tests and inspections and other data that the contractor is required to submit, but only for the conformance with.the design concept 2. of the project and compliance with the information given in the contract documents. 19. Issue all instructions of the O=wner to the Contractor and prepare routine change orders as required by the contract documents. 20. Based on his on-site observations as an experienced, design professional and on his review of the contractor's applications for payment and supporting data, he will determine the amount owing to the contractor, and recommend in writing payment to the contractor in such amounts. 21. Conduct an.inspection to determine if the project is substantially complete, and a final inspection to determine if the project has been finally completed in accordance with the contact documents and the contractor has fulfilled all his obligations thereunder. 22. After completion of construction in accordance with the contract documents, and based on the Final Inspection, furnish to Owner a written report of said completion. SECTION 2. RESIDENT INSPECTION SERVICES Engineer shall provide the laboratory and all equipment required to complete the tests outlined in Exhibit R. Owner and Engineer shall mutually agree upon and select a full-time resident inspector to provide continuous representation and inspection at the project site during the construction phase. The duties of such Iresident project inspector are as follows: 1. Review and approve requests for monthly and final payments to contractors. 2. Issue certificates of completion to the mer 4. or Engineer on completed construction contracts. 3. Provide "as built" information to the Engineer for preparation of "as built" drawings of the completed project. 4. Supervise testing and inspections. Arrange for, conduct .and witness field or shop tests as outlined in Exhibit 3. A and as required by the plans and specifications; determine the suitability of materials on the site and brought to the site to be used in the construction; continually check the construction activities to insure compliance with the project specifications and the general intent of the design; measure, compute or check quantities of work performed and quantities of materials in place for partial and final payments to the contractor; and maintain diarys and other project records to document the work. 5. Be responsible for checking horizontal alignment and vertical control, for compliance to the plans and for taking original and final cross sections for computing final pay quantities. SECTION 3. OWNERS RESPONSIBILITIES Owner agrees to furnish and provide the following to facilitate the expeditious completion of this projects 1. Provide benchmark at the airport on mean sea level datum corresponding to all previous airport improvements. 2. Provide on a loan basis a copy of all plans and specifications on all previous airport projects pertinent to this project. Said plans and specifications shall be returned to Owner immediately upon Owner's request or upon completion of the project. 3. Advertise for and accept bids for the project. 4. Contract with the successful bidder. 5. Provide Engineer with all other pertinent data or information which the owner has on file relating to the Project, ,from other construction at the airport, including but not limited to soil tests, legal descriptions, etc.' 6. Provide all legal assistance required, and coordination between Owner and the Federal Aviation Administration. SECTION 4. COMPLETION TIME SCHEDULE The services listed under Section 1 of this agreement shall be commenced within thirty (30) days after receiving M written notice to proceed from. the Owner, and a signed copy of this agreement, and shall be completed in accordance with the following schedule unless otherwise agreed by the parties or required by conditions beyond the control of the parties. 1. Field Engineering, sixty (60) days after notice to proceed. 2. Draft plans to Owner, one hundred twenty (120) days after notice to proceed. 3. Find plans and specifications to Owner, one hundred fifty (150 ) days after notice to proceed. 4. Receipt,of FAA,approval and coordination by February 1, 1979. 5. Solicit bids, by March 7, 1979. 6. Receive and open bids, by April 4, 1979. 7. Award contract, by May 7, 1979. 8. Begin construction, by May 15, 1979. 9. Complete project, and prepare final "as built" plans and final quantities, by September 1, 1979. SECTION 5. ENGINEER'S FEE. Owner agrees to pay Engineer as compensation for the professional services provided for by this agreement at the. following rates and amounts, provided that the total compensation for the services listed in Sections 1 and 2 of this agreement shall not exceed Thirty -Four Thousand Eight Hundred and Twenty -Five Dollars ($34,825.00): 1. Design Phase a. Direct labor costs including insurance, taxes, vacation, etc. Hourly W Classification Rate Principal Engineer-Desagner- Project Manager $17.00 Engineer $ 9.00 Draftsman $ 6.50 Land Surveyor -Party Chief $15.00 Rodman-Chainman (2) $ 6.00 Clerk-Ty-pist $ 5.00 5. b. Indirect costs including office, utilities, supplies, insurance, printing, etc., $ 4,746.00 c. Direct non -salary costs: 30 round trips to the site at 10 miles per trip for a total of 300 miles at $0.20 per mile. d. Fixed Payment $ 1,898.40 2. Construction Staking Phase a. Direct labor costs including, insurance, taxes, vacation, etc. Hourly Classification Rate Land Surveyor -Party Chief $15.00 Rodman-Chainman (2) $ 6.00 Engineer $ 9.00 ib b. Stakes and Supplies, Two Hundred Fifty Dollars ($250.00) . C. Indirect costs including office, utilities, supplies, insurance, printing, etc., $ 1,404.00 d. Fixed Payment $ 561.60 3. Resident Inspection The fee includes resident inspection, field testing, insurance, taxes, office, travel, reports, supplies, etc. and profit: Two Thousand Five Hundred Dollars ($2,500.00) per month. 4. Testing & Exploration. Teating and exploration will be charged at actual cost by an approved testing laboratory and engineer, according to the rates listed below and in Exhibit "A", plus a fixed payment for coordination and handling. Services include the following: - a. Standard or Modified Proctar"tests, including Maximum Density and Optimum Moisture. $ 195.00 each b. Grain Size Analysis $ 45.00 per each C. Atterberg Limits $ 30.00 per each d. Aggregate soundness $ 200.00 per each No 0 e. Gradation f. Abrasion $ 35.00 per each $ 100.00 per each g. Soils engineer and soils engineer assistant to conduct exploration , testing, analyze data and report recommendations and findings. Classification Soils Engineer Soils Engineer Assistant Principal Engineer, Consulting With Soils Engineer h. Fixed Payment Hourly Rate $40.00 $25.00 $30.00 $ 675.00 SECTION 6. ,PAYMENT TERMS. A. Upon completion of the design phase in a manner acceptable to the Owner, Owner shall pay Engineer sixty per cent (60%) of the fees earned under the heading of Design Phase in.the above Section 5, at the rates.speeified therein, and based upon actual hours and costs shown in an itemized statement. B. Upon acceptance of bids for the project, the Owner shall pay the Engineer twenty per cent (20%) of the fee earned under the heading Design Phase in the above Section 5, at the rates specified therein, and based upon actual hours and costs shown in an itemized statement. C. Owner shall Pay Engineer ten per cent (10%) of the fees earned under the heading of Design Phase in the above Section 5, at the rates specified therein, and based upon actual hours and costs shown in an itemized statement, at the end of the second month following the award of the contract by the Owner. D. Owner shall pay Engineer the Construction Staking fees on a monthly basis upon presentation of an itemized statement of the actual hours and costs expended for the services provided in a given month. E. Owner shall pay Engineer the Resident Inspection fees on a monthly basis upon presentation of an itemized 7. statement of the actual hours and costs expended for the services provided in a given month. F. Owner shall pay Engineer the. Soil Testing fees on a monthly basis upon presentation of an itemized statement of the actual hours and costs expended by the Engineer for services provided in a given month. G. Owner shall. pay Engineer the final ten per cent (10%) of the fees earned under the heading Design Phase at the rates specified therein, and based upon actual hours and costs shown in an itemized statement, upon completion of the entire project and final approval and acceptance of the completed project by the City Council of the City of Cape Girardeau, Missouri, and the Federal Aviation Administration. SECTION 7. GENERAL PROVISIONS a. Engineer shall not discriminate on the basis of sex, race, color or national origin in the selection of personnel or procurement of materials and equipment. b. No member of or delegate to Congress shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom; c. All tracings, plans, specifications and snaps prepared or obtained under the terms of this agreement shall be delivered to and become the property of the Owner. Basic survey notes, sketches, charts, computations and other data prepared or obtained under this agreement shall be made available upon request to the Owner without restriction or limitations upon their use. In the event any of the above documents or data are utilized for any purpose not covered by --..this agreement, the Engineer's nameplate shall be_removed and the Engineer held 'harmless of subsequent liabilities; d. Access to the site shall be unrestricted to the Owner, the Engineer and representatives of any State or Federal 8. ,agencies involved in .the project, either directly or indirectly; e. Al? questions in dispute under .this agreement may be submitted to arbitration at the request of both parties hereto; f. Engineer shall hold harmless Owner from all claims and liability for personal injury or property damage arising out of .the acts or omissions of the Engineer, his agents and employees; g. All applicable Federal, State and local laws, regulations, directives and ordinances shall be complied with by the Engineer; h.. No part,of the professional services included in this agreement shall be sublet, assigned or transferred witho.ut.thd prior written approval of the Owner; i. All plans, maps and descriptions shall properly bear the seal and endorsement of the surveyor and engineers j. If the Owner requires Engineer to perform additional related services on the 'project, the rates of compensation shall be.the same as that shown under Section 5, Engineer's Fee above, unless such services are not specified in said Section. In.that case.ihe compensation shall be negotiated and agreed upon by both parties hereto. SECTION 8. TERMINATION. This agreement may be terminated by either party upon ten (10) days written notice in the event the other party fails to substantially perform in accordance with :the terms of this agreement through no fault of the party initiating the termination. b. All completed work shall be delivered to Owner, and.shall become the property of Owner upon.terminatio`n of _ this agreement. C. Owner shall pay Engineer upon termination earned compensation for those services satisfactorily performed 9. plus the fixed profit fee at the rates and amounts outlined in Section 5 above. SECTION 9. PARTIES BOUND. Each party to this agreement binds himself and his partners, successors, executors, administrators and assigns to the other party of this agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the parties to this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement at Cape Girardeau, Missouri, the day and year first above written. ATTEST: Verna L. Landis, City Clerk CITY OF CAPE GIRARDEAU, MISSOURI By r _ Pau'41 W. Stehr, ayor Robert J. Hahn, P.E. 10. EXHIBIT A REQUIRED TESTS I. SUBGRAD-E, SUBBASE AND BASE COURSE CONSTRUCTION. A. Embankment and subgrade. 1. Density and moisture - One per layer for each 1,0.00 CY. (at $20.00 per each.) 2. Soil Classification - One soil classification test for each color and texture change and at least one test for each 10,000 square yards for the top two feet of subgrade. A soil classification test shall consist of a grain size analysis and Atterburg limits. (at $75.00 per each for both.)(listed under testing) B. Subbase and Base Course. I,. Quality Test - Gradation, L.L., P.I., soundness and abrasion tests will be required for aggregates used in subbase a -rid base course construction unless the aggregate source has been tested in the last year and meets the project specifications. if the aggregate meets the project specifications, then the Consulting Engineer shall provide copies of the tests. (at $365.00 per each for all.) 2. Construction Tests - Gradation L.L., P.I., Density and Moisture tests and layer thickness - one per layer for each 500 C.Y. When frost is anticipated and there is a possibility of the material used in the construction of these layers exceeding the limit of 3% smaller than .02 mm size then the hydrometer test shall be run on the material in accordance with AASHTO T 88-72. (at $75.00 per each.) II. CONCRETE PAVING AND STRUCTURAL CONCRETE INSPECTION. A. Preliminary Tests. 1. Unless the aggregate source has been tested in the past year, the aggregate to be used in the concrete shall be tested for compliance to the specifications for soundness, gradation and abrasion. If the aggregate source has been tested and meets the specifications, the resident engineer shall obtain copies of the tests. (at $325.00 per each.) 2. If the water to be used for the concrete'is not from a potable source, then the water shall be tested in accordance with AASHTO T-26. (at $50.00 per each.) 3. Prior to placement of any concrete, a mix design shall be made in accordance with CRD -C-3-58 method of selecting proportions for concrete mixtures in the Corps of Engineer's Handbook a Exhibit A Page 2 for concrete and cement, or American Concrete Institute's Standard 211,1-70, Recommended Practice for Selecting Proportions for Normal Weight Concrete. Stockpiled gradation of the aggregate to be used in the concrete shall be included in the mix design. If the aggregate does not meet the recommended limits specified in CRD - C -3-58 or ACI Standard 211.1-70, the contractor shall be notified immediately. (fee included in resident inspection) B. Construction Tests. 1. Gradation - One per 500 Cu. Yds. (at $150.00 per test.) 2. Compressive Strength. One set of two cylinders per 100,Cu. Yd's. (at $10.00 per cylinder.) 3. Flexural Strength. Initially one set of two beams per 150 Cu. Yds. After the initial tests prove the mix satisfactorily, the frequency y of tests may be extended at the Engineer's discretion to one set of beams for not more than 1,000 Cu. Yds., but at least one set per day. (at $25.00 per beam.) 4. Slump, Yield, Air Content, Etc. Four per day. (fee included in resident inspection.) 5. Surface and Grade Tolerances. Four daily. Additional tests on final inspection. (fee included in resident inspection.) 6. Results. The contractor shall be notified of all test results immediately after the tests have been completed. III. MANUFACTURED MATERIALS. For manufactured items such as cement, asphalt, steel, lime, etc., the resident engineer may accept the vendor's certification that the materials meet the specifications or he may require the material to be tested for compliance to the specifications. CERTIFICATION OF ENGINEER I hereby certify that I am the Consulting Engineer and duly authorized representative of the firm of Robert J. Hahn, P.E., whose address is 828 South Kingshighway, Cape Girardeau, Missouri;, and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract, (b) agreed; as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for me or -.the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any) : I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the United States' Department of Transportation, in connection with this contract involving participation of Airport Development Aid Program (ADAP) funds and is subject to applicable state and Federal laws, both criminal and civil. (Date) Robert J. Hahn, P.E.