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Home My WebLink AboutRES.463.10-02-1989 BILL N0. 89-197 RESOLUTION N0. �''� A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH KOEHLER LAND SURVEYING FOR THE CAPE LaCROIX AND WALKER CREEK FLOOD CONTROL PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS : SECTION l . The City Manager , for and on behalf of the City of Cape Girardeau, Missouri , is hereby authorized to enter into a Contract with Koehler Land Surveying for the Cape LaCroix and Walker Creek Flood Control Project. A copy of said Contract is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS % ��d" DAY OF � � `Lt '�-' , 1989 . Francis E. Rho es, Mayor ATTEST: � �� t Kim erly A � Pruett Deputy City Clerk CONTRACT This Contract entered into this � �c�" day of ,�,�,f,Q�Q/�� , 1989 , by and between Koehler Land Surveying of Cape Girardeau, Missouri , hereinafter referred to as the "Surveyor" , and the City of Cape Girardeau, Missouri , located in the County of Cape Girardeau, State of Missouri , hereinafter referred to as the "City" . WITNESSETH THAT: WHEREAS, the City requires a registered land surveyor in connection with the preparation of descriptions of the real estate interests and related items in conjunction with the Cape LaCroix and Walker Creek Flood Control Projects, and WHEREAS, the Surveyor represents that he is able to provide the services as required by the City in a timely fashion and in accordance with the needs of the City, and WHEREAS, the City desires to utilize the services of the Surveyor . NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the Surveyor agrees to provide services as required and the City agrees to pay the Surveyor for such services in accordance with the payment schedule set forth herein. A. SERVICES TO BE PROVIDED BY THE SURVEYOR. The Surveyor shall prepare descriptions of the real estate tracts for each and every property that the City proposes to acquire for construction of the South 5 , 800 feet of the Cape LaCroix and Walker Creek Flood Control Project . The Surveyor shall provide qualified personnel to be used in the preparation of said descriptions, but it is specifically understood that all of the work performed shall be directly supervised and checked by a registered land surveyor . The Surveyor shall survey and monument the intersection of all property boundary lines with the right-of-way lines of the Cape LaCroix Creek Improvement Plans . It is further agreed that all of the work contemplated by this agreement shall be performed according to the Minimum Survey Standards for the State of Missouri . The Surveyor shall prepare a drawing of the tracts which the City proposes to acquire in the flood control project . Said drawings shall be prepared to the specifications as set forth by the City or its authorized agent. Said drawings shall contain all the information required by the Minimum Survey Standards and the following additional information : A. Acreage or square footage within the parcel before taking. B. Acreage or square footage within the area taken by the right-of-way. C. Acreage or square footage remaining after taking. D. The location of improvements on or within ten ( 10) feet of the right-of-way line. The Surveyor shall provide qualified personnel to be used in the preparation of said drawings but it is specifically understood that all of the work performed shall be directly supervised and check by a registered land surveyor . The Surveyor shall obtain any deeds, maps , plats or other documents necessary for the preparations of said descriptions and drawings . The Surveyor shall provide to the City one ( 1 ) type written copy of each description for each tract and one ( 1 ) copy of each drawing applicable to each description, The drawing and the description shall show the name or names of the owners and tenants of the property. The Surveyor shall provide all research , field investigations, field surveys, preparation of plats of surveys and all other services necessary to prepare for con�emnation proceedings . All such surveys will be executed by a registered land surveyor and in accordance with the current Minimum Standards for Property Boundary Surveys as set forth by the Missouri Department of Natural Resources , Division of Geology and Land Survey. The Surveyor shall provide a registered land surveyor as an expert witness in any condemnation proceeding when necessary and when requested by the City . All investigative notes, records , property boundaries, descriptions, ownerships, field survey notes, and all other materials compiled during the execution of this contract remain the property of the Surveyor , except that the City shall be provided copies of any and all materials as requested . The Surveyor shall at all times respect and comply with all reasonable requests of the City and at all times shall be cognizant of the public relations of the City and shall , as much as possible, conduct all business so as not to be a detriment to those public relations . The City shall have the right to change, increase, decrease or modify all work assignments at any time upon mutual agreement . The Surveyor shall perform such additional survey work on an "as needed" basis as requested by the City for a period of one ( 1 ) -2- year . The cost for such services will be in accordance with the fees outlined in this agreement . B. INSURANCE TO BE PROVIDED BY SURVEYOR. The Surveyor 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 for each person and property damage limits of not less than $100, 000 , and bodily injury limits of not less than $1 , 000 , 000 for each occurrence . Upon the execution of this agreement, Surveyor shall provide to the City a Certificate of Insurance showing such policies in effect in required amounts and showing the City of Cape Girardeau, Missouri , as an additional named insured. The Surveyor undertakes the performance of this agreement as an independent contractor , and agrees to indemnify and hold harmless the City against claims , losses, or damages which are the result of any accident or occurrence caused by negligent acts of the Surveyor or any person employed by the Surveyor . C. RIGHTS OF TERMINATION. The City shall have the right at all times to terminate this agreement upon ten ( 10 ) days written notice to the Surveyor , if and when in the opinion of the City the Surveyor has failed to complete all obligations under the terms of this agreement . In the event of the termination of this agreement, the Surveyor shall immediately cease all work and the City shall pay to the Surveyor those amounts of monies due for all work satisfactorily performed under this agreement . The Surveyor shall have the right at all times to terminate this agreement upon failure of the City to make timely payments for services rendered under the terms of this agreement . D. PAYMENT FOR SERVICES OF SURVEYOR. The City shall pay the Surveyor for the performance of the required duties according to the following schedule: The following is a breakdown of estimated times and cost to complete the south 5800 feet, of the flood control project on Cape LaCroix Creek, in regard to the location of right-of-way, the location of property lines , and the preparation of easement plats and descriptions. Field time per parcel = 7 hours at $60. 00 per hour . Office time per parcel = 5 hours at $25 . 00 per hour . Material and plat per parcel = $10 . 00 . Total cost per parcel = $555 . 00 -3- a � . k All materials will be supplied on a cost plus 10% rate . Current rates for materials are as follows : 2"x2"x14" hubs = �0 . 25 1"x2"x16" flats = 0. 20 lath = 0 . 15 1/2"x30" rebar = 0. 60 The above rates reflect a not to exceed cost on this portion of the project to be Fifteen Thousand Five Hundred Forty Dollars ($15, 540 . 00 ) . Current hourly rates for a 2-man survey crew is $60. 00 per hour . For a 3-man crew is $75 . 00 per hour . Office time per 1 hour and computer = $25. 00 per hour . These fees and rates shall apply to any additional survey work assigned on an "as needed" basis as provided hereinabove. E. TIME OF COMPLETION. No work is to be started under this contract until the City provides Surveyor with written notice to proceed from the City Planner ' s Officer . The Surveyor shall complete all the work required under the terms of this agreement in thirty ( 30) calendar days after notice to proceed has been given. IN WITNESS WHEREOF, the parties hereto have entered into this agreement on the day and year first hereinabove written. KOEHLER LAND SURVEYING %��/_ ; �✓ , CITY�;6F CAPE GIRARDEAU, MISSOURI / ,� r �� onald Fischer , City Manager ATTEST: � , �� 'J! ��,.i ��. � Ki berly , Pruett Deputy City Clerk -4- � t� ADDENDUM /,'�: This Addendum entered into this ' ��-" day of [k,;�°��`�'`C.�'(� , 1989 , by and between Koehler Land Surveying of Cape Girardeau, Missouri , hereinafter referred to as the "Surveyor" , and the City of Cape Girardeau, Missouri , located in the County of Cape Girardeau, State of Missouri , hereinafter referred to as the "City" . WHEREAS, the parties hereto have previously entered in a Contract for land surveying services for the Cape LaCroix and Walker Creek Flood Control Project , said Contract approved by the City Council of Cape Girardeau, Missouri , October 2, 1989 , and WHEREAS, the parties are desirous of altering the terms of that Contract by entering into this Addendum. NOW, THEREFORE, in consideration of the promises and of the mutual covenants contained herein, and contained in the Contract previously executed, the parties agree as follows : 1. The Addendum and the original Contract are contingent upon the appropriation and payment of construction and project funds by the United States Government within its budget for the United States Corps of Engineers and the parties hereto agree that if no such funds are forthcoming from the United States Government for this project , then in that event the City has the absolute right to terminate this Contract at any stage of completion of the work . In the event that the City does elect to terminate this Contract for such reasons, the City is obligated to pay for the work done prior to the date �f the termination at the rate set out in the original Contract . 2. Pursuant to the terms of the original Contract , Surveyor is obligated to remain available to the City for a period of one ( 1 ) year following the completion of the work which is contemplated by that Contract in order to be available to provide additional survey work on an "as needed" basis as requested by the City. It is agreed by and between the parties that Surveyor may bill the City on a monthly basis for this additional survey work and the City will make monthly payment to the Surveyor as the work progresses . 3. In all other respects the original Contract will remain in force and the parties hereto will comply with all the terms of the original Contract except as amended by this Addendum. � , .� IN WITNESS WHEREOF, the parties hereto have entered in to this Agreement on the day and year first above written . KOEHLER LAND SURVEYING �---�"`� CITY OF CAPE GIRARDEAU, MISSOURI � �� onald Fischer , City Manager ATTEST: - � �� / C/) �� `� " .� {�_ Kimberly A� � Pruett � Deputy City Clerk