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HomeMy WebLinkAboutRES.408.03-06-1989 BILL N0. 89-40 RESOLUTION N0. � A RESOLUTION AUTHORIZING THE CITY MAP)AGER TO EI�TER INTO Ard AGREEMENT 6aITH S . H . SMITH & CO . , INC . , FOR ENGINEERING SERVICES FOR LF'XINGTON STREET BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU , MISSOURI , AS FOLL04�S: SECTION l . The City Manaqer , for and on behalf of the City of Cape Girardeau, P�lissouri , is hereby authorized to enter into an Aqreement caith S. H . Smith & Co. , Inc , for engineering services for L,exington Street . A copy of said Agreement is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS (Q� DAY OF � , 1989 . Francis E. Rhodes , P9ayor ATTEST: E elyn G. eGrand , City Clerk AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMErIT, made this day of March , 1989 , by and between the City of Cape Girardeau, Missouri , hereinafter called the OWNER, and S. H . Smith & Co. , Inc. , a Missouri Corporation located at 901 Vine Street , Poplar Bluff, Missouri , hereinafter called the ENGINEER. WHEREAS, the OWNER intends to construct a segment ( station 30+50 to station 46+50 ) of the Lexington Street Arterial (hereinafter called the Project ) and the ENGINEER agrees to perform the various professional engineerinq 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 s'tated which include normal civil , structural , and surveying services incidental thereto . After writ 'ten authorization to proceed, ENGINEER shall : l . Utilize the criteria established by the preliminary design prepared by the ENGINEER. Any changes in design criteria shall be made only with the approval of the OWNER. 2 . Prepare detailed plans and specifications necessary for the construction of the project , including righ't-of-way plats , if necessary. 3 . Correspond and meet with the OWNER as necessary during the design process . 4 . 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 . 5 . Conduct meetings with equipment manufacturers and suppliers to determine the suitability of various products which may be incorporated in the project . 6 . Prepare a Construction Contract , including a detailed ENGINEER' s Estimate of Cost , Notice to Bidders, Instruction to Bidders , Proposal Form, Contract Agreement Form, Bidder ' s Qualifications Form, Waqe and Labor Information, General Conditions , Bid Bond form, and Performance and Payment Bond Forms , 7 . Bind the Construction Contract items in a single book along with the required indices and a set of the City of Cape Girardeau "Standard Specifications for Street Improvements" , 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 projec't . 8 . Provide a set of plans which are of sufficient scale and details as to meet the approval of the OWNER and to allow construction to proceed with minimal stoppage due to discrepancies or omissions , 9 . Furnish five copies of the detailed Plans and Specifications and the Construction Contract Documents to the OWNER and present and review them in person with OWNER. ENGINEER shall furnish such additional copies as are required for the bidding and contracting process . 10 . Assist the OWNER during advertisemen't and awarding the Construction Contract . 11 . Maintain all books , documents , papers, accounting records , and other evidence pertainina to cost incurred and make such ma'terials available at his office at all reasonable times during the Contract period and for three years from the date of final payment under this Contract , for inspection by the city, or its authorized representatives , and copies thereof shall be furnished, if requested. 12 . He shall coordinate and prepare necessary applications required for the Corps of Engineers or the Department of Natural Resources as needed. He shall also coordinace any potential archaeoloqical matcers and shall coordinate and prepare any necessary matters to ensure thac the job conforms to the City ' s Stormwater Management Ordinance . 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 aareement shall be executed and submitted for approval of the OWNER prior to performinq the additional or changed work or incurring any additional cost therefore . Any change in compensation will be covered in the supplement . -2- SECTION C - RESPONSIBILITIES OF OWNER: The OWNER shall : 1 . Provide full information as to his requirements for the Project . 2 , t�lake 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 ma'tters covered by this agreement . SECTION D - TIME FOR PERFORMANCE: The ENGINEER shall perform the tasks in Section A within a period of sixty days. Time of performance shall be measured from the date upon which the OWNER issues the Notice to Proceed with the plans and specifications to the ENGINEER to the date upon which the plans and specifica'tions are submitted to the OWNER. The Contract shall have been completed at such time as the detailed plans and specifications are anproved by the OwNER. SECTION E - COMPENSATION FOR ENGINEERING SERVICES: The OWDiER shall compensate the ENGINEER for the enaineering services as listed in Section A. The total amount of said compensation shall be a lump sum fee of $22 , 000 . 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 ENGINEER' s estimate of the proportion of the total services actually completed at the time of billing. The Ob+TNER shall make promp't 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 l� per month from said sixtieth day, and in addition, the ENGINEER may, after giving seven days ' written notice to the OFINER, suspend services -3- 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 3. 01 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 , 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 -4- 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. 4 . PROFESSIONAL ENDORSEMENT Al1 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 , cos� and accounting records , construction records and other records pertainina to this contract and to the Project covered by this contract , for a period of not less chan three years followina final payment by OWNER . Said records shall be made available for inspection by authorized representatives of the OPJNER during regular working hours at the ENGINEER ' s place of business . 6 . COMPLIANCE WITH LAWS The ENGINEER shall comply with all federal , s'tate , and local laws , ordinances , and regulations applicable to the work . 7 . RESPONSIBILITY FOR CLAIMS AND LIABILITY The EPIGINEER agrees to save harmless the OWNER from all claims and liability due to his negligent acts or the negligent acts of his employees , agencs or subcontractors . 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 aareement ; except as above , neither OWNER nor ENGINEER shall assign, sublet , or transfer his interest in this Agreemen't without the written consent of the other . Nothinq 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 . -5- 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 . J . Ronald Fischer , City Manager Samuel H . Smith , President ATTEST: ATTEST: Evelyn G. LeGrand , City Clerk Alan W, McSpadden, Secretary [SEAL ] [SEAL ] -6- EXHIBIT A HODRLY RATES OF CHARGE Principal of Firm--------------------$35 . 00 Chief Engineer----------------------- 24 .00 Project Engineer--------------------- 22. 00 Design Engineer---------------------- 20 . 00 Draftsman---------------------------- 10 . 00 Inspector-Technician----------------- 12. 00 Chief Driller------------------------ 10 . 00 Testing Technician------------------- 12. 00 Chief Surveyor----------------------- 22. 00 Survey Party Chief------------------- 11 . 00 Survey Instrumentman----------------- 8 . 00 Survey Technician-------------------- 8 . 00 Survey Rodman------------------------ 5 . 00 Secretary---------------------------- 5 . 00 -7-