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Home My WebLink AboutRES.292.10-19-1987 BILL NO. 87-194 RESOLUTION N0. 292 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH PIRRIE AND ASSOCIATES , INC. FOR SEWER IMPROVEMENT PROJECTS � BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : SECTION 1 . The City Manager on behalf of the City of Cape Girardeau, Missouri , is hereby authorized to enter into an agreement with Pirrie and Associates , Inc. for sewer improvement projects . A copy of said agreement is attached to this resolution and made a part hereof . PASSED AND ADOPTED THIS 19TH DAY OF OCTOBER, 1987 . c_-- ,. Curtis S. Smith , Mayor Pro Tem ATTEST: � � Alvin M. Stoverin , ity Clerk AGREEMENT THIS AGREEMENT, entered into this th day of , 1987, by and between Pirrie and Associates, Inc. , whose principa p ace of business is located at 2 W. Ste. Maries, Perryville, Missouri 63775, hereinafter referred to as the SURVEYOR and The City of Cape Girardeau, 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 easement descriptions and related items in conjunction with sewer improvements for the CITY, designated as: 1 . Upper Cape La Croix Trunk Sewer - Phase III 2. Glenview Heights Interceptor Sewer 3 . Mt. Auburn Interceptor Sewer 4. Ashland Hills - Carolwood Estates Interceptor Sewer 5. Woodland Hills Interceptor Sewer 6. Star View Interceptor Sewer 7. Fountainbleau Interceptor Sewer 8. V.A. Home Interceptor Sewer, Lift Station & Force Main and as further described and required hereinafter, 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 premises 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 proposed sewer easements for each and every property that the CITY proposes to construct said sewer lines across. 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. 1 The SURVEYOR shall prepare a drawing of the proposed sewer easements for each and every property that the CITY proposes to construct said sewer line across. Said drawing shall be prepared to the specifications as set forth by the CITY or it' s authorized agent. 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 checked by a registered land surveyor. The SURVEYOR shall obtain any deeds, maps, plats or other documents necessary for the preparation of said descriptions and drawings. The SURVEYOR shall provide to the CITY one (1 ) copy of each description typewritten on a standard easement deed and one (1 ) copy of each drawing applicable to each description. The CITY shall have the option of having the SURUEYOR also place upon the face of each easement deed the name or names of each grantor. It is specifically understood that it shall be the responsibility of the CITY to complete each easement deed form with any and all necessary information. The SURVEYOR shall provide all research, field investigations, field surveys, preparation of plats of surveys and all other services necessary to prepare for condemnation 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 by 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. B. INSURANCE TO BE PROVIDED BY SURVEYOR The SURVEYOR shall at all times during the execution of this agreement maintain policies of: (a) Comprehensive General Liability 2 Insurance with bodily injury limits of not less than $250,000 for each person and not less than $500,000 for each accident, and with property damage limits at all times of not less than $100,000 for each accident; (b) Automobile Liability Insurance with bodily injury limits of not less than $100,000 for each person and not less than $300,000 for each accident, and with property damage limits of not less than $100,000 for each accident; (c) Workmen' s Compensation and Employer' s Liability Insurance. C. INDEMNITY The SURVEYOR undertakes the performance of this agreement as an independent contractor, and agrees to indemnify and hold harmless the CITY against claims, losses, or damages which are the result of any accident caused by negligent acts of the SURVEYOR or any person employed by the SURVEYOR. D. RIGHTS OF TERMINATION The CITY shall have the right at all times to terminate this agreement upon ten ( 10) days written notice to the SURVEYOR, if and when in the opinion of the CITY the SURVEYOR has failed to complete all obligations under the terms of this agreement. In the event of the termination of this agreement, the SURVEYOR shall immediately cease all work and the CITY shall pay to the SURVEYOR those amounts of monies due for all work sati$factorily 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. E. PAYMENT FOR SERVICES OF SURVEYOR The CITY shall pay to the SURVEYOR for the performance of the required preparation of descriptions, preparation of right-of-way drawings, research, field surveys, plats of surveys, appearance at meetings, hearings or in court at the following rates: 1 . Registered Land Surveyor - $25.00 per hour 2. Two (2) Man Survey Crew - $44.00 per hour 3. Three (3) Man Survey Crew - $53.00 per hour 4. Technician/Draftsman - $17.00 per hour 5. Clerical - $14.00 per hour 6. Mileage - $0.21 per mile 7. Telephone calls at cost. 3 8. Expenses incurred by the SURVEYOR including: field books, stakes and other expendable materials; reproduction costs; and any other out-of-pocket expenses shall be paid by the CITY at cost plus 15% for handling. � On or about the 15th day of each month the SURVEYOR shall submit an itemized invoice for all work completed and the CITY shall pay such invoices on or about the first day of the month following the month in which the invoice was submitted. IN WITNESS WHEREOF, the parties hereto have entered into this agreement on the day and year first hereinabove written. PIRRIE & ASSOCIATES, INC. BY ..,._.-��-- Rob rt V. Pi rie, Presi ent Registered La d Surveyor CITY OF CAPE GIRARDEAU By