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Home My WebLink AboutCityMgrForm.1500.11-07-1979 1 ' . l F 1 i CITY MANAGER FORl`�I ORDINANCE N0. C �"C" AN ORDINANCE APPROVING THE FORM OF AN AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU, A'iISSOURI AND ROBERT J. HAHN FOR CONSULTING ENGINEER SERVICES, AUTHORIZING THE MAYOR TO EXECUTE, AUTHORIZING THE PAYMENT OF A SUP�I OF MONEY WHEREAS, the City of Cape Girardeau, Missouri desires to engage the professional services of an Engineer for a detailed engineering study of the existing and proposed future sanitary sewer system of the City of Cape Girardeau, within the Cape LaCroix Creek watershed, north of Missouri State Route K and of the capacity and future loading on the trunk sewer from Independence Street at the Kroger Plaza to the sewage treatment plant; and WHEREAS, Robert J. Hahn, P.E. , Consulting Engineer desires to provide said professional engineering services; and WHEREAS, the said parties desire to enter into an agreement for said engineering services; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLO�aS : SECTION l. The "Engineering Services Contract" , copy attached hereto marked Exhibit "A" , between the City of Cape Girardeau, Missouri, and Robert J. Hahn, P.E. , Consulting Engineer is approved as to form. SECTION 2 . The Mayor is hereby authorized and directed to execute said Contract for and on behalf of the City of Cape Girardeau, Missouri. SECTIOi�1 3. Payment of a sum of money is hereby authorized to be rnade by the City of Cape Girardeau, b4issouri to Robert J. Hahn, P.E. , Consulting Engineer, in accordance with the terms and provisions of the said Contract. SECTION 4. This ordinance shall be in full force and affect ten days after its passage and approval. ,-. PASSED AND APPROVED THIS ;`��` DAY OF � �'`��"f_'j��.��CJ , 1979 . �, ''------_ ,., � � ,�-�-�-- -�-'�_ � �y—T�� •'� _ ��: -� \�'i:j��: ATTEST: PQAYOR �� ; • � \ �,� � ,' r c,< ,-�-f- ,1,,� ,i,i � ,' .� ti, CITY CLERK � ��:, -, /`7 . , r . ` r i 7 t , � r ENGINEERING SERVICES CONTRACT Agreement made , 1979 , between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter called "City" , and Robert J. Hahn, P.E. , Consulting En�ineer, of 828 South Kingshighway, Cape Girardeau, Missouri, herei:�after called "Engineer" ; City intends to engage the professional services of an Engir.eer for a detailed engineering study of the existing and proposed future sanitary sewer system of the City of Cape GirardeaL; within the Cape LaCroix Creek watershed, north of Missouri State Route K and of the capacity and future loading on the trunk sewer from Independence Street at the Kroger Plaza to the sewage treatment plant, hereinafter called "The Project" . City and Engineer, in consideration of the mutual covenants herein set forth, agree as follows: SECTION l. BASIC SERVICES OF ENGINEER. Engineer agrees to perform professional services in connection with the project as herei:� stated. �,ngineer wiii scrve as ^ity' s professional engineering representative in those phases of the project to which this agreement applies , and will give consultation and advice to City during the performance of his services. Enyineer agrees to furnish and perform the following professional services for the project: 1. All necessary field observations and measurements on existing trunk sewer line. 2. Al1 necessary field survey work on existing trunk sewer line. 3. Necessary meetings, interviews, etc, with City staff ar.� ��pe��y o�,a.^.ers . 4. Project future loading and development as relates to existing trunk line and proposed future trunk lines. 5. Detailed study, analysis and recommendation for existing pCNIBIT tlA„ � , , -�; �#�. �,.,: _ . ,, ._.....�,�,.,o..�;,��,o.. �,.:. trunk sewer line, lift stations and all appurtenances. 6. Report of detailed study along with recommendations for corrections and-or improvements and preliminary estimate of cost for corrections and-or improvements. 7. Address in more general terms the trunk line from the Kroger Plaza at Independence Street to the Sewage Treatment Plant. SECTION 2 . COMPLET�ON TIME SCHEDULE The services listed under Section 1 of this agreement shall be commenced within ten (10) days after receiving written notice to proceed from the City, and a signed copy of this agreement, and shall be completed within three (3) months from date of the notice to proceed. SECTION 3. ENGINEER' S FEE. City agraes to pay Engineer as compensation for the professional services provided for by this Agreement at the following rates, provided that the total compensation for the services listed in Section 1 of this Agreement shall not exceed Fourteen Thousand Five Hundred Dollars ($14 , 500. 00) . Hourly Classification Rate Technician $16 . 00 Assistant Technician $14 . 00 Secretary $15 . 00 Draftsman $19. 00 Registered Professional Engineer $30. 00 Survey Crew - 3 man, E.D.M. equipment $75 . 00 Materials, supplizs, contract labor, etc. - cost plus 25� Survey Crew, 2 man, level work $37. 50 SECTION 4. PAYMENT TERMS. City shall pay Engineer the fees earned 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, less ten per cent (10�) retainage. City shall pay Engineer the iinal ten per cent (10�) of the fees earned under this Agreement at the rates specified therein, and based upon actual hours and costs shown in an itemized statement, upon completion of the 2. entire project and final approval and acceptance of the completed project by the City Council of the City of Cape Girardeau, Missouri. SECTION 5. GENERAL PROVISIONS A. All tracings , plans, specifications and maps 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 City 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 be held harmless of subsequent liabilities. B. Access to the site shall be unrestricted to the City, the Engineer and representatives of any State or Federal agencies involved in the project, either directly or indirectly. C. All questions in dispute under this Agreement may be submitted to arbitration at the request of both parties hereto. D. Engineer shall hold harmless City 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. E. All applicable Federal, State and local laws, regulations, directives and ordinances shall be complied with by the Engineer. F. No part of the professional services included in this agreement shall be sublet, assigned or transferred without the prior written approval of the City. G. All plans, maps and descriptions shall properly bear the seal and endorsement of the surveyor and Engineer. H. If the City requires Engineer to perform additional related services on the project, the rates of compensation shall be the same as that shown under Section 3, Engineer' s Fee above, unless such services are not specified in said Section. In that 3. case the compensation shall be negotiated and agreed upon by both parties hereto. SECTION 6. 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. All �oTlpleted work shall be delivered to City, and shall become the property of City upon termination of this Agreement. City shall pay Engineer upon termination earned compensation for those services satisfactorily performed at the rates outlined in Section 3 above. SECTION 7. 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. CITY OF CAPE GIRARDEAU, MISSOURI By Paul W. Stehr, Mayor ATTEST: Verna L. Landis, City Clerk Robert J. Hahn, P.E. 4.