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HomeMy WebLinkAboutRES.610.03-18-1991 BILL N0. 91-33 RESOLUTION NO. . � ( � A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES WITH S . H. SMITH & CO. , INC . , CONSULTING ENGINEERS FOR REPLACEMENT OF BRIDGES OVER WALKER BRANCH IN COORDINATION WITH THE CAPE LACROIX CREEK FLOOD CONTROL PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOtiTS : 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. , Consulting Engineers, for replacement of bridges over Walker Branch in coordination with the Corps of Engineers Flood Control Project on Cape LaCroix Creek . A copy of said Agreement is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS I �� DAY OF �Ck1� r 19 / � Francis E . Rho es, Mayor ATTEST: . � Julie A. Dale Deput City Clerk r � AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT, made this� day of March, 1991, 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 remove and replace existing bridges over Walker Branch (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 - BASIC SERVICES OF ENGINEER: 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 and structural services incidental thereto. It is understood by both parties that the project is for the design of new bridges and/or box culverts over Walker Branch. The project will include the demolition, removal, and replacement of existing bridges in the following locations: 1) Good Hope Street Bridge; 2) Merriwether Bridge; 3) Themis Street Bridge; 4) Private (Arby' s) Bridge; 5) Bessie Street Bridge; and, 6) Marietta Street Bridge. Al1 replacement bridges shall be designed for HS-20 loading and for AASHTO seismic requirements. The work is to be coordinated with the Corps of Engineers Flood Control Project on Cape LaCroix Creek. The replacement bridges will be designed to meet span and clearance requirements stipulated by the Corps of Engineers at each specific site. Each bridge will be designed to carry full street, existing traffic lane, or designated widths. It is also understood that design of a connecting City street at the Merriwether Street site is included as part of this project. Page -1- e. After written authorization to proceed, ENGINEER shall: l. Arrange meetings with the Corps of Engineers to determine proposed construction schedules for the Walker Branch Channel improvements. 2 . Schedule meetings with OWNER to establish a desired construction timetable for the proposed bridge replacements. 3 . Prepare detailed plans for each new bridge contract in accordance with the previously established construction timetable. Plans shall be of sufficient scale and detail as to meet the approval of the OWNER and to allow construction to proceed with minimal stoppage due to discrepancies or omissions. 4 . Correspond and meet with the OWNER as necessary during the design process. Conduct meetings with OWNER to review preliminary plans for each contract. 5. Prepare Construction Contract(s) , including detailed ENGINEER'S Estimate of Cost for each Contract, Notice to Bidders, Instruction to Bidders, Proposal Form, Contract Agreement Form, Bidder' s Qualifications Form, Wage and Labor Information, General Conditions, Bid Bond Form, and Performance and Payment Bond Forms. 6. Bind the Construction Contract items in a single book along with the required indices and including the General and Detail Specifications required to suitably describe the methods to be employed, the types and quality of the materials to be used, the tests required, and the standards to be achieved in the construction of the proposed project. 7 . Furnish five copies of the detailed plans and specifications and the Construction Contract Documents for each Contract and present and review them in person with OWNER. ENGINEER shall furnish such additional copies as are required for the bidding and contracting process. ENGINEER shall also furnish OWNER with a reproducible plan set for each structure. 8 . Assist the OWNER during advertisement and awarding the Construction Contract(s) . Page -2- 9 . Maintain all books, documents, papers, accounting records, and other evidence pertaining to cost incurred and make such materials available at his office at all reasonable times during the Contract period and for three years from the date of completion of the contemplated improvements, for inspection by the City, or its authorized representatives, and copies thereof shall be furnished, if requested. 10. He shall coordinate and prepare necessary applications required for the U.S . Army Corps of Engineers or the Missouri Highway and Transportation Department as needed. SECTION B - OTHER SERVICES OF ENGINEER: The ENGINEER shall provide the following other services which are not considered normal or customary basic services: 1. Provide or obtain all necessary surveys, soil borings, soil tests, specialized geologic, or other studies as may be required to produce the detailed plans and specifications. 2 . Determine the need for right-of-way acquisition beyond the limits of the Corps of Engineers Flood Control Project and prepare right-of-way plats and descriptions, as necessary. SECTION C - 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 agreement 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 D - 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. Page -3- 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. SECTION E - TIME FOR PERFORMANCE: The ENGINEER shall perform the services called for Sections A & B in accordance with a timetable established to coordinate with the Corps of Engineers construction schedule for the Walker Branch Channel Improvements. The final completion date for all of the Design phase shall be January 6, 1992. The Contract shall be considered complete at such time as the detailed plans, specifications, and estimates for all construction contracts are approved by the OWNER. SECTION F - COMPENSATION FOR ENGINEERING SERVICES: The OWNER shall compensate the ENGINEER for basic engineering services listed in Section A. If three, or less, separate prime contracts are awarded for construction, materials, and equipment for the Project, the total amount of said compensation shall be a lump sum fee of $82 , 200. 00. The OWNER shall compensate the ENGINEER for other engineering services listed in Section B 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. Compensation for other engineering services shall be limited to a maximum amount of $20, 000. 00. Additional services requested by OWNER from the ENGINEER shall be compensated for 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. The OWNER shall pay the ENGINEER the actual cost of all reimbursable expenses incurred in connection with basic and other services. Reimbursable expenses mean the actual expenses incurred by the ENGINEER in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project- related items in addition to those required under Sections A and B; and, if authorized in advance by the OWNER, overtime work requiring higher than regular rates. Total reimbursable expenses shall not exceed $2 , 200. 00, unless authorized in writing by the OWNER. Page -4- 1. Schedule of Payments: The ENGINEER shall submit to the OWNER monthly invoices for Basic, Other, and Additional services rendered and for Reimbursable Expenses incurred. The invoices will be based upon ENGINEER' s estimate of the proportion of the total services actually completed at the time of billing. 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 and all work completed to the date of termination shall be turned over to the OWNER. SECTION G - GENERAL CONSIDERATIONS: 1. 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 Page -5- 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 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. 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 from the date of completion of the contemplated improvements. 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 in a single accident or occurrence, and property damage limits of not less than $100, 000. 00, and not less than $1, 000, 000. 00 for all claims arising out of a single 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 Page -6- showing the City of Cape Girardeau, Missouri, as an additional named insured. 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 other. 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 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, Missouri S.H. Smith & Co. , Inc. �;��-��� ��. . Ronald Fischer, City Manager Samuel H. Smith, sident ATTEST: ATTEST: . .� ����''"`� � �,� , City Cler Lawrence B. Fisher, Secretary ► (�e �l. Da,l e� (seal) (seal) Page -7- EXHIBIT A HOURLY RATES OF CHARGE Principal of Firm-----------------$36. 00 . Pro�ect Manager--------------------25. 00 Chief Engineer---------------------25. 00 . Pro�ect Engineer-------------------22 . 00 . . Design Engineer--------------------15. 00 Senior Draftsman-------------------13 . 00 Draftsman---------------------------6. 50 Construction Manager---------------22 . 00 Senior Construction Inspector------20. 00 Inspector-Technician---------------13 . 00 Geotechnical Engineer--------------22 . 00 Chief Driller----------------------14 . 00 Testing Technician/Driller---------13 . 00 Chief Surveyor---------------------23 . 00 Surveyor---------------------------12 . 00 Survey Party Chief-----------------12 . 00 Survey Instrumentman--------------- 8. 00 Survey Rodman-----------------------5. 00 Secretary---------------------------6. 50