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HomeMy WebLinkAboutRES.516.05-07-1990 BILL NO. 90-106 RESOLUTION N0. S� A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BOWEN & LAWSON PROFESSIONAL ENGINEERS AND SURVEYORS FOR THE DESIGN OF THE BLOOMFIELD BRIDGE REPLACEMENT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to enter into a Contract with Bowen & Lawson Professional Engineers and Surveyors for the Design of the Bloomfield Bridge Replacement. A copy of said contract is attached to this Resolution and made a part hereof. PASSED AND APPROVED THIS � DAY OF , 1990. �� L�� � , , ,,� rancis E. Rho es, ayor ATTEST: � . Jul e A. Dale, Deputy City Clerk , � City of Cape Girardeau Bloomfield Bridge over Cape La Croix Creek April 26, 1990 ENGINEERING SERVICES CONTRACT THIS CONTRACT is between the City of Cape Girardeau, Missouri, hereinafter referred to as the "City" , and Bowen & Lawson, 105 South Hope Street, Jackson, Missouri 63755, hereinafter referred to as the "Engineer" . INASMOCH as funds have been made available by the City of Cape Girardeau and inasmuch as the City intends to replace the Bridge over Cape La Croix Creek located on Bloomfield Road, east of Kingshighway and therefore, requires professional engineering services. The Engineer will provide the City with professional services hereinafter detailed for the planning, design and construction inspection for the replacement of said structure and the City will pay the Engineer as provided in this Contract. It is mutually agreed as follows: ARTICLE I - SCOPE OF SERVICES A. DESIGN PHASE - The Engineer will: 1. Determine the needs of the City for the proj ect. 2 . Conduct topographic, property and utility surveys sufficient to develop plans for the project. 3 . Arrange for a subcontractor to conduct subsurface investigations, if such information Page 1 ;� . is required in addition to the information available through the Corps of Engineers. 4 . Prepare alternative designs and cost estimates, develop preliminary plans and recommend to the City, the best overall general design based on these studies. 5. Submit five copies of preliminary plans, estimates and studies for review by the City, and the Corps of Engineers and complete such preliminary design by July 15, 1990. 6. Based on approvals of preliminary plans, prepare detailed construction plans, cost estimates, specifications and related documents as necessary for the purpose of soliciting bids for constructing the project by August 15, 1990. Provisions will be made in the Contract Documents for that portion of the work that will be performed by the City's forces. 7. Determine the required right of way, if any, beyond the Corps of Engineers project limits as now defined. 8. Provide the City with seven sets of completed plans, specifications and cost estimates for the purpose of obtaining construction bids on the project. Page 2 i• The Engineer understands that the project, as presently defined, consists of a single span, 75 foot long bridge, 36 feet wide traffic lanes, with a five feet sidewalks, and the design includes approach spans. B. BIDDING PHASE - The Engineer will: 1. Upon receipt of construction authorization from the City and the Corps of Engineers, provide the City with fifteen copies of plans, specifications, and bid documents. 2 . Provide the City with a list of qualified area bidders and assist the City in advertising for bids. 3 . Assist the City in evaluating bids and requesting concurrence in award of a Contract for Construction. C. CONSTRUCTION PHASE: The Engineer will review shop drawings prior to fabrication and provide the City and suppliers with results of the review and modification thereto. The Engineer will review and/or design any modifications as may be required during construction. The Engineer will cooperate with the City and the Corps of Engineers during construction. It is anticipated that the actual inspection will be performed by the Corps of Engineers. Page 3 The Engineer will endeavor to protect the City against defects and deficiencies in workmanship and materials in work by the Contractor. However, the furnishing of such project representation will not make the Engineer responsible for the construction methods and procedures used by the Contractor or for the Contractor' s failure to perform work in accordance with the Contract Documents. The Engineer's services will include more specifically as follows: 1. Assist the City with a preconstruction conference to discuss project details with the Contractor. � 3 . Check shop drawings and review schedules and drawings submitted by the Contractor. ARTICLE II - ADDITIONAL SERVICES The City 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 their approval prior to performing the additional or changed work or incurring any additional cost therefore. Any change in compensation 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 pertaining to the project which may be in the possession of the City. Page 4 B. Provide the Engineer with the City' s requirements for the proj ect. C. Make provisions for the Engineer to enter upon property at the project site for the performance of his duties. D. Examine all studies and layouts developed by the Engineer, obtain reviews by the Corps of Engineers and render decisions thereon, in a prompt manner, so as not to delay the Engineer. E. Designate a person in the City's employ to act as the City's representative under this Contract. 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 project. ARTICLE IV - PERIOD OF SERVICE The Engineer will commence work within two weeks after receiving notice to proceed from the City and will complete the work within the times specified and set forth below: A. Preliminary design phase - completed by July 15, 1990. B. Final design phase - Completed by August 15, 1990. The above times are exclusive of review time by other agencies and exclusive of time needed to acquire right-of-way. The City will Page 5 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 Standard Specifications for Highway Bridges as promulgated by the American Association of Highway and Transportation Officials and including seismic 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 - COMPENSATION For services provided under this Contract, the City will compensate the Engineer as follows: A. For design services, including work through the construc- tion Contract award stage, the City will pay the Engineer a lump sum figure of $19, 500. 00. ARTICLE VII - ADDITIONAL SERVICES l. Project 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 satis- factorily completed will be made to the Engineer upon receipt of itemized invoices by the City. Invoices Page 6 will be submitted no more frequently than 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 accident and shall provide the City with a Certificate of Workman's Compensation Insurance. ARTICLE VIII - COVENANT AGAIN3T CONTINGENT FEES The Engineer warrants that he has not employed or retained any company or person other than a bona fide employee working for the Engineer, to solicit or secure this agreement and that he has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability or in its discretion, to deduct from the Contract � price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. ARTICLE I% - SUBLETTING, AS3IGNMENT OR TRANSFER No portion of the work covered by this Contract, except as provided herein, shall be sublet or transferred without the written consent of the City. The subletting of the work shall in no way relieve the Engineer of his primary responsibility for the quality and performance of the work. It is the intent of the Engineer, to engage subcontractors for the purposes of: Foundation borings, if such data is required in addition to the information presently available through the Corps of Engineers. Page 7 t, • ARTICLE % - 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. ARTICLE %I - 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 %II - OWNERSHIP OF DOCUMENTS Plans, tracings, maps and specifications prepared under this Contract shall be delivered to and become the property of the City upon termination or completion of work. Basic survey notes, design computations and other data 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 or limitation of its use. If the City incorporates any portion of the work into a proj ect 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 BIII - TERMINATION Page 8 , . 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 paid for � actual expenses incurred up to the date of termination, plus a pro-rated portion of the fixed fee. If the Contract is terminated due to the Engineer's services being unsatisfactory in the judgment of the City or if the Engineer fails to prosecute the work with due diligence, the City may procure 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 this Contract or any damages the City may sustain by reason of the termination of this Contract due to unsatisfactory performances or prosecution. ARTICLE XIV - DECISIONS UNDER THIS CONTRACT The City will determine the acceptability of the work performed under this Contract and will decide all questions which may arise concerning the project. The City's decision shall be final and conclusive. ARTICLE XV - SUCCESSORS AND ASSIGNS The City and the Engineer agree that this Contract and all Contracts entered into under the provisions of this Contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE %VI - COMPLIANCE WITIi 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 Page 9 , . incorporated herein as Attachment C and shall procure all licenses and permits necessary for the fulfillment of obligations under this Contract. Page 10 ARTICLE XVII - 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 %VIII - NONDISCRIMINATION The Engineer, with regard to the work performed by it after award and prior to completion of 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 %I% This Contract is made and entered into subject to the approval of the City Council of Cape Girardeau. Page 11 Executed by the Engineer this �� day of i' , 1990. Executed by the City this��I day of , 1990. FOR: CAPE GIRARDEAU CITY, BY: /�� ti. NALD J. FISCHER, CITY MANAGER ATTEST• (i(/" I CLERK FOR: BOWEN & LAWSON BY: �-'`����� i�;'�' -�t%e'-,z i,�'� -��. RICHARD I. BOWEN, PRESIDENT ATTEST: r���� - � Page 12