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Home My WebLink AboutRES.571.10-22-1990 BILL N0. 90-240 RESOLUTION N0. S�� A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH S. H. SMITH & CO. , INC. FOR ENGINEERING SERVICES FOR IMPROVEMENTS TO THE SOLID WASTE TRANSFER STATION 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 enter into an Agreement Between Owner and Engineer for Professional Services with S . H. Smith & Co. , Inc. . , for improvements to the solid waste transfer station. A copy of said Agreement is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS aa�d DAY OF �2�� , 19 90 Francis E . Rhodes, Mayor ATTEST: Julie le Deput � ity Clerk � AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT, made this 2►'1d day of N��embeC 1990, by and between the City of Cape Girardeau, Missouri, hereinafter called the OWNER, and S. H. Smith & Co. , Inc. , a Missouri Corporation located at 400 Broadway, Suite 520, Cape Girardeau, Missouri, hereinafter called the ENGINEER. WHEREAS, the OWNER intends to construct improvements to his solid waste transfer station (hereinafter called the Project) and the ENGINEER agrees to perform the various professional engineering services required for the design of the Project. OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by ENGINEER and the payment for those services by OWNER, as set forth below. NOW, THEREFORE, THIS AGREEMENT WITNESSETH: SECTION A - SCOPE OF ENGINEERING SERVICES: That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed that the ENGINEER shall perform professional services as hereinafter stated which include normal civil, structural, geotechnical, and surveying services incidental thereto. It is understood by both parties that the project is for the design of improvements to the OWNERS existing solid waste transfer station. The project will include conversion of the existing truck dumping area slab into a tipping floor, enclosure of the new tipping floor with a steel building, relocation of the existing scale house, and associated grading, drainage, and electrical improvements or modifications. After written authorization to proceed, ENGINEER shall: 1. Conduct meetings with City staff to discuss preliminary engineering design plan. 2 . Design preliminary plans for the solid waste transfer station improvements. 3 . Conduct meetings with staff to review preliminary plans. 4 . Prepare Final Plans, Bidding Documents and Specifications. Page -1- ) 5. Furnish ten copies of the Final Plans, Specifications, and the Bidding Documents and present and review them in person with OWNER. 6. Prepare an estimate of the project construction costs. 7. Provide geotechnical services necessary for the design of the building foundations and tipping slab. SECTION B - ADDITIONAL SERVICES OF ENGINEER: The OWNER 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 agresment shall be executed and submitted for approval of the OWNER prior to performing the additional or changed work or incurring any additional cost therefore. Any change in compensation will be covered in the supplement. SECTION C - RESPONSIBILITIES OF OWNER: The OWNER shall : 1. Provide full information as to his requirements for the Proj ect. 2 . Make available all information pertaining to the Project which may be in the possession of the OWNER. 3 . Make provisions for the ENGINEER to enter upon property at the project site for the performance of his duties. 4 . Examine all studies and layouts developed by the ENGINEER, and render decisions thereon in a prompt manner so as not to delay the ENGINEER. 5. Designate a person in the OWNER' s employ to act as OWNER' s representative under this contract; such person to have authority to transmit instructions, interpret the OWNER' s policies and render decisions with respect to matters covered by this agreement. Page -2- SECTION D - TIME FOR PERFORMANCE: The ENGINEER shall perform the services called for in Section A within 45 calendar days. Time of performance shall be measured from the date upon which the OWNER issues a written authorization to proceed with the design of the Project to the ENGINEER to the date upon which final plans, bidding documents, specifications, and estimates are submitted to the OWNER. The Contract shall be considered complete at such time as the ENGINEER'S submittals are accepted by the OWNER. SECTION E - COMPENSATION FOR ENGINEERING SERVICES: The OWNER shall compensate the ENGINEER for the engineering services as listed in Section A at an hourly rate as listed in Exhibit A times a factor of 2 .94 . The total amount of said compensation shall not exceed $6, 500. 00. 1. Schedule of Payments: The ENGINEER shall submit to the OWNER monthly invoices for Basic and Additional services rendered. The invoices will be based upon payroll records and hourly rates of charge (Exhibit A) times a factor of 2 .94 for services rendered by principals and employees assigned to the project. The oWNER shall make prompt monthly payments in response to the ENGINEER' s monthly invoices. 2 . If the OWNER fails to make any payment due the ENGINEER for services and expenses within sixty days after receipt of the ENGINEER' s bill therefore, the amounts due ENGINEER shall include a charge at the rate of 1% per month from said sixtieth day, and in addition, the ENGINEER may, after giving seven days written notice to the OWNER, suspend services under this Agreement until he has been paid in full all amounts due him for services and expenses 3 . If this Agreement is terminated by the OWNER, the ENGINEER will be paid for services rendered to date of termination. Payment will be made on the basis of payroll records and hourly rates of charge (Exhibit A) times a factor of 2 . 94 for services rendered by principals and employees assigned to the Project. In the event of any termination, the ENGINEER will be paid for all unpaid Additional Services and unpaid reimbursable expenses. Page -3- � SECTION F - GENERAL CONSIDERATIONS: l. TERMINATION This Agreement may be terminated by either party upon seven days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 2 . REUSE OF DOCUMENTS All documents including Drawings and Specifications furnished by the ENGINEER pursuant to this Agreement are instruments of his services in respect of the Project. They are not intended or represented to be suitable for reuse by the OWNER or others on extensions of the Project or on any other project. Any reuse without specific written verification or adaptation by the ENGINEER will be at the OWNER's sole risk and without liability or legal exposure to the ENGINEER, and the OWNER shall indemnify and hold harmless the ENGINEER from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation by the ENGINEER will entitle the ENGINEER to further compensation at rates to be agreed upon by the OWNER and the ENGINEER. 3 . DECISIONS UNDER THIS CONTRACT All claims, counterclaims, disputes and other matters in question between the parties hereto arising out of or relating to this Agreement or the breach thereof will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, unless the parties mutually agree otherwise. Notice of demand for arbitration must be filed in writing with the other parties to this Agreement and with the American Arbitration Association. The demand must be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event may the demand for arbitration be made after the time when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. It is agreed by and between the parties that the parties reserve to themselves their right to legal or equitable remedies under the law and that nothing contained herein shall alter the rights of the parties to resort to legal action pursuant to Missouri law. Page -4- . 4. 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. 5. 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 OWNER. Said records shall be made available for inspection by authorized representatives of the OWNER during regular working hours at the ENGINEER' s place of business. 6. COMPLIANCE WITH LAWS The ENGINEER shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work. 7. RESPONSIBILITY FOR CLAIMS AND LIABILITY The ENGINEER agrees to save harmless the OWNER from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors. The ENGINEER shall at all times during the execution of this agreement maintain policies of comprehensive general liability insurance and automobile liability insurance with bodily injury limits of not less than $100, 000. 00 for each person and property damage limits of not less than $100, 000. 00, and bodily injury limits of not less than $1, 000, 000. 00 for each occurrence. Upon the execution of this agreement, ENGINEER shall provide to the OWNER a Certificate of Insurance showing such policy in effect in required amounts and showing the City of Cape Girardeau, Missouri, as an additional named insured. Page -5- , ' .. ,,. �. �� 8 . SUCCESSORS AND ASSIGNS ' OWNER and ENGINEER each 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; except as above, neither OWNER nor ENGINEER shall assign, sublet, or transfer his interest in this Agreement without the written consent of the othex-. Nothing herein shall be const�rued 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 OWNER and ENGINEER�. 9 . ATTACHMENTS The following exhibits are attached hereto and are hereby made part of this contract: Attachment A - Hourly Rates of Charge � IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. OWNER ENGINEER � � City of Cape Girardeau, l�issouri S .H. Smith & Co. , Inc. � � � ��, (�� ,>` � � � ��-- ' `; ��'�' . -��r , ��- "� ;�c. ��,, �`� l . Ronald Fischer, City Manager S el H. Smi � � . � es�nt ATTEST: : ATTEST: Q� ��2�� c��-Y. � d.-�-� - Ju i A. Dale, Deputy City Clerk Lawrence B. Fisher, Secretar, " `- (seal) (seal) . Page -6- , I EXHIBIT A HOURLY RATES OF CHARGE Principal of Firm-----------------$36. 00 Chief Engineer---------------------25. 00 Project Engineer-------------------25. 00 Design Engineer--------------------15 00 Draftsman--------------------------13 . 00 Inspector-Technician---------------13 . 00 Chief Driller----------------------11. 00 Testing Technician-----------------13 . 00 Chief Surveyor---------------------23 . 00 Survey Party Chief-----------------12 . 00 Survey Instrumentman--------------- 8 . 00 Survey Technician-------------------8 , 00 Survey Rodman-----------------------5. 00 Secretary---------------------------6. 00