The URL can be used to link to this page

Home My WebLink AboutRES.793.02-01-1993 - ,, ., BILL NO. 93-24 RESOLUTION NO. )'1' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGINEERING SERVICES CONTRACT WITH BLATTNER & ASSOCIATES, INC. FOR A FOOTBRIDGE IN ARENA PARK 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 an Engineering Services Contract with Blattner & Associates, Inc. for a footbridge in Arena Park. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS ; �`� DAY OF t�'.��1i,Ctu��.��, 19 �,.� t Francis E. Rhodes, Mayor ATTEST: �;; c;_r..+��ai r.f�.l,i�,. (.;!' i+ i(i t.%C G� . Conrad, Deputy City Clerk �,. BLATTNER AND ASSOCIATES INC. PROFESSIONAL ENGINEERING CONSULTANTS Civil Design • Structural Design • Maferial Testing • Hydrology • Construction Management City of Cape Girardeau Arena Parlc Footbridge January 21 , 1993 ENGINEERING SERVICES CONTRACT THIS CONTRACT is between the City of Cape Girardeau, Missouri hereinafter referred to as the "City" , and Blattner & nssociates , Inc . , P .O. Box 2137, Cape Girardeau. Missouri 63'1U2 . her,einafter referred to as the "Engineer" . INASMi1CH as funds have been made available bY tt�e City of Cape Girardeau, and inasmuch as the City intends to replace a Pedestrial Bridge c�ver an existing creek, located in Arena Park, ar�d therefore reqtzires professional engineering services, the Engineer will provide the City with prc�fessional services hereinafter detailed for the planning and design for the replacement of said structure and t,tle CitY will pay the Engineer as provided in this Contract . It is mutually agreed as follows : ARTICLE I - SCOPE OF SERVICES - COMPENSATION A . PRELIMINARY DESIGN PHASE The Engineer, for a fee not to exceed $50C� . 00 , shall prepare a preliminary design report evaluating two alternatives for final design. The report shall include a cost estimate for each of the following alternates : 1 . Alternate 1 - A Structural Steel Bridge with Wooden Ueck, concrete end bents and metal handrail . 2 . Alternate 2 - A refurnished railroad flat car furnished by others on a concrete foundation and metal handrail . B. DE�IGN PHASE The Engineer 5ha11 prepare detailed cost estimates , construction plans , specifications , and bidding documents for one of the alternates set out in Paragraph A above . Compensation shall not exceed 10� of the preliminary construction cost estimate for the alternate chosen by PAGE 1 P.O. BOX 2137 • CAPE GIRARDEAU, MO 63702-2137 � (314)339-1139 • (314)339-1129 • FAX; (314) 339-7202 the City (Estimated to be $2500 . 00) . C. Shop drawing review, and or design modifications as may be required during construction may be arranged under Article II following. ARTICLE II - ADDITIONAL SERVICES The City reserves the right to request additional work, or 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 approval prior to performing the additional or changed work or incurring any additional cost therefore . Any change in comper�sation will be covered in the supplemental agreement . ARTICLE III - RESPONSIBILITIES OF CITY The City will cooperate fully with the Engineer in the development of the project , including the following : A. Make available all information pertainina to the project which may be in the possession of the City . B. Provide the Engineer with the City ' s requirements for the project . C. Make provisions for the Engineer to enter uFon property at the project site for the performance of his duties . D. Examine all studies and layouts developed by the Engineer , obtain reviews or render decisions thereon, in a prompt manner, so as not to cause unreasonable delays to the Engineer . E. Designate a person in the City ' s employ to act as the City ' s representative under this Constract . Such person is to have authority to transmit instructions , interpret the City ' s policies and render decisions with respect to matters covered by this agreement . F. The City will perform appraisals and appraisal review, negotiate with property owners and otherwise provide all services in connection with acquiring all right-of-way needed to construct this pro�ect . PAGE 2 ARTICLE IV - PERIOD OF SERVICE The Engineer will commence work within two weeks after receiving n�tice to proceed from the City and will complete the work within the times specified and set forth below: A. Preliminary design phase - thirty days from noticP to proceed . B. Final design phasP - Sixty days fram notice of the alter�native the City wishes to pursue for design. The abov� times are exclusive of review time by any other agencies and exclusive of time needed to acquire right-of-way . The City will grant time extensions for unavoidable delays beyond the control of the Engineer . Requests for extensions of time should be requested in writing by the Engineer, stating fully the reasons for the request . ARTICLE V - STANDARDS Design criteria and project planning will be in accordance with Standar�d Specifications for Highway Bridges as promulgated by the American Association of Highway and Transportation Officials , including sei�;mic considerations . The latest version of Missouri Standard Specifications for Highway Construction will be used for Contract Specifications with appropriate modifications thereto by the Engineer . ARTICLE VI - ADDITIONAL SERVICES 1 . P .roject costs incurred by others on a subcontract basis . Said costs are to be passed through the Engineer on the basis of reasonable and actual cost as invoiced by the subcontractors . 2 . METHOD OF PAYMENT - Partial Payments for work satisfactorilY completed will be made to the Engineer upon receipt of itemized invoices by the City . Invoices will be submitted no more frequently the one invoice per ' month . 3 . The Engineer shall furnish the City a Certificate of Insurance, valid throughout the term of this Contract, for general liability of $1 , 000, 000 and $100, 000 per any PAGE 3 accident. and shall provide the City with a Certificate of Workmen ' s Compensation Insurance . ARTICLE VII - PROFESSIONAL ENDORSE�iENT 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 VIII — RETENTION OF RECORDS The Engineer 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 not less than three years following final payment by the City. Said records shall be made available for inspection by authorized representatives of the CitY or the Federal Government during regular working hours at the Engineer ' s place of business . ARTICLE IX — OWNERSHIP OF DOCUMENTS Plans, tracings, maps and specifications prepared under this Contract shall be made available to the City upon request . All such information produced under this Contract shall be available for use by the City without restriction of limitation of its use . If the City inc�rporates anY Portion of the work into a project other than that for which it was performed, the City shall save � the Engineer harmless from any claims and liabilities resulting from such use . ARTICLE X — TERMINATION The City maY terminate the Contract at any time by giving written notice . If the Contract is terminated because the project is abandoned or postponed by the City, the Engineer will be Faid for actual expense incurred up to the date of termination. If the Contract is terminated due to the Engineer ' s services being unsatisfactory in the judgement of the City, or if the Engineer fails to prosecute the work with due diligence , the City may pro�ure completion of the work in such a manner as it deems to be in the best interest of the City . The Engineer will be responsible for any excess cost in addition to that provided for in thi� Contract or anY damages the City maY sustain by reason of . PAGE 4 the termination of this Contract due to unsatisfactory performances or prosecution . ARTICLE XI — COMPLIANCE WITH LAWS The Engineer 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 as Attachment C and shall procure all licenses and permits necessary for the fulfillment of obligations under this Contract . ARTICLE XII — RESPONSIBILITY FOR CLAIMS AND LIABILITY , The Engineer agrees to save harmless, the City from all claims and liabilities due to his negligent acts or the negligent acts of his employees , agents or subcontractors . ARTICLE XIII — NONDISCRIMINATION The Engineer, with regard to the work performed by it after award and prior to completion af the Contract work, will not discriminate on the grounds of race, color or national origin in the selection and. retention of subcontractors . The Engineer will comply with Title VI of the Civil Rights Act of 1964, as amended . ARTICLE XIV This Contract is made and entered into subject to the approval of the City Council of Cape Girardeau. PAGE 5 Executed by the Engineer on this � day of� , 1993 . Executed by the City This 1� day of ��, 1993 . FOR: CAPE GIRARDEAU CITY, c BY: � J ONALD FISC ER, CITY MANAGER ATTEST: . , Deputy City Clerk �lG. L - �' n r'a c�. BY: BLATTNER & ASSOCIATES, INC . BY : L.�'�i� '�--- CHARLES F . BLATTNER III , PRESIDENT AT"I'ES - -�__ Q , � d�� . ` - TRACY D BLATTNER, SECRETARY `_• " — PAGE 6