HomeMy WebLinkAboutRes.3411.06-07-2021BILL NO. 21-79
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH BOWEN ENGINEERING
AND SURVEYING, FOR THE TRANSPORTATION .TRUST
FUND 6 PROJECTS, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
General Services Agreement with Bowen Engineering and Surveying
for the Transportation Trust Fund 6 Projects, in the City of
Cape Girardeau, Missouri. The Agreement shall be in
substantially the form attached hereto, which document is hereby
approved by the City Council, and incorporated herein by
reference, with such changes therein as shall be approved by the
officers of the City executing the same.
PASSED AND ADOPTED THIS
ATTEST:
Aayle
& �.
. Conrad, City Clerk
7 t DAY OF June , 2021.
Bob Fox, ayor
Cn
CITY Of CAPE GIRARDEAU
DEVELOPMENT SERVICES
CONTRACT
For
Transportation Trust Fund 6 (TTF6) Projects
CONSULTANT NAME: Bowen Engineering and Surveying
THIS CONTRACT is between City of Cape Girardeau, Missouri, hereinafter referred to as the "City", and
Bowen Engineering and Surveying, 2121 Megan Drive, Cape Girardeau, Missouri 63701, hereinafter
referred to as the "Consultant".
INASMUCH as funds have been made available by the City through Transportation Trust Fund 6, the
City intends to complete the Transportation Trust Fund 6 projects and requires professional services. The
Consultant, upon the City's request through written Task Orders, will provide the City with any and all
professional services hereinafter detailed for the planning, design and/or construction inspection of the
desired improvements and the City will pay the Consultant as provided in this contract and subsequent
Task Orders. It is mutually agreed as follows:
ARTICLE I - SCOPE OF SERVICES
A. DESIGN PHASE - The Consultant will if requested by the City:
1. determine the needs of the City for the project;
2. conduct topographic, property and utility surveys sufficient to develop plans for the project;
3. arrange for subsurface investigations if needed, and make recommendations for structure
foundations and pavement sections;
4. perform traffic studies and/or traffic modeling if needed;
5. conduct hydraulic studies, prepare alternative designs and cost estimates, develop preliminary
plans, and recommend to the City the best overall general design based on these studies;
6. submit appropriate copies of preliminary plans, estimates and/or studies for review by the
City;
7. prepare detailed construction plans, cost estimates, specifications and related documents as
necessary, including a Stormwater Pollution Prevention Plan (SWPPP) for the purpose of
soliciting bids for constructing the project. Provision will be made in the contract documents
for that portion of the work that will be performed by City's forces;
8. secure adequate property title information, determine right-of-way requirements, prepare
right-of-way plans, legal descriptions, and exhibits, and assist the City in acquiring the right-
of-way deeds and necessary easements needed for the project;
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DEVELOPMENT SERVICES
9. ensure compliance with water quality requirements by coordinating with the Missouri
Department of Natural Resources and the U.S. Army Corps of Engineers and also ensure
compliance with the requirements of the Federal Emergency Management Agency (FEMA);
10. ensure compliance with historic preservation requirements through coordination with the
Missouri Department of Natural Resources, and if deemed necessary, arrange to have the site
examined by a qualified archaeologist on a subcontract basis;
11. ensure compliance with all regulations in regards to noise abatement and air quality, if
necessary; and
12. after making final corrections resulting from reviews by agencies involved, provide the City
with the appropriate sets of completed plans, specifications, studies and/or cost estimates for
the purpose of obtaining construction authorization from the City.
B. BIDDING PHASE - If requested by the City, the Consultant will assist the City in advertising
for bids and evaluating bids.
Bids Exceeding Cost Estimate: If all bids exceed Consultant's Estimate, due to error or
negligence on the Consultant, the Consultant shall, at the request of City and for no additional
cost, prepare a report for City identifying why all the bids exceed the estimate. The City has four
(4) options if all bids exceed Consultant's Estimate. The City may: (1) give written approval of
an increase in the Project cost; (2) authorize rebidding of the Project, (3) terminate the Project
and this Agreement, or (4) cooperate in revising the Project scope, plans, or specifications, or all
as necessary to reduce the construction cost. In the case of (4), Consultant, without additional
charge to City, shall consult with City and shall revise and modify the scope, plans, or
specifications as necessary to achieve compliance with the Consultant's Estimate.
C. CONSTRUCTION PHASE - If requested by the City, the Consultant will serve as the City's
representative for administering the terms of the construction contract between City and their
Contractor. Consultant 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 Consultant 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. Consultant's services will include more specifically as follows if needed:
1. assist the City with a preconstruction conference to discuss project details with the
Contractor;
2. make periodic site visits to observe the Contractor's progress and quality of work, and to
determine if the work conforms to the contract documents. The Consultant will
accompany City representatives on visits of the project site as requested;
3. check shop drawings and review schedules and drawings submitted by the Contractor;
4. reject work not conforming to the project documents;
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5. prepare change orders for issuance by the City as necessary and assure that proper
approvals are made prior to work being performed;
6. review wage rates, postings, equal employment opportunity and other related items called
for in the contract documents;
7. inspect materials, review material certifications furnished by Contractor, sample concrete
and other materials as required, and arrange for laboratory testing of samples by others on
a subcontract basis. Independent assurance samples and tests will be performed by City
personnel and such sampling and testing is excluded from the work to be performed by
the Consultant under this contract;
8. maintain progress diary and other project records, measure and document quantities, and
review monthly estimates for payments due the Contractor;
9. be present during critical construction operations, including but not limited to the
following:
a. structure layout;
b. excavation and backfilling;
C. driving of piles;
d. checking of reinforcing steel prior to concrete placement;
e. concrete batching and pouring;
f. placement of girders; and
g. placement of surfacing materials; and
10. participate in final inspection, provide the City with project documentation (diaries, test
results, certifications, etc.), and provide as -built plans for the City's records.
ARTICLE II - ADDITIONAL SERVICES
The City reserves the right to request additional work; 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 the approval of City prior to performing the additional or changed work
or incurring any additional cost thereof. Any change in compensation will be covered in the supplement.
ARTICLE III - RESPONSIBILITIES OF CITY
The City will cooperate fully with the Consultant 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;
B. provide the Consultant with the City's requirements for the project;
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DEVELOPMENT SERVICES
C. make provisions for the Consultant to enter upon property at the project site for the performance
of his duties;
D. examine all studies and layouts developed by the Consultant and render decisions thereon in a
prompt manner so as not to delay the Consultant;
E. designate a City employee to act as City's representative under this contract, such person shall
have authority to transmit instructions, interpret the City's policies and render decisions with
respect to matters covered by this agreement;
F. perform appraisals and appraisal review, negotiate with property owners and otherwise provide
all services in connection with acquiring all right-of-way and easements needed to construct this
project.
ARTICLE IV - PERIOD OF SERVICE
The Consultant will commence work within two weeks after receiving a signed Task Order and notice to
proceed from the City. The phases of work shall be completed in accordance with the associated Task
Order.
The times are exclusive of review time by other agencies and exclusive of time needed to acquire right-
of-way. The City will grant time extensions for unavoidable delays beyond the control of the Consultant.
Requests for extensions of time should be requested in writing by the Consultant, stating fully the reasons
for the request.
This contract shall remain in effect for five years from the date accepted by the City of Cape Girardeau
City Council or until the Transportation Trust Fund 6 projects are completed.
ARTICLE V - STANDARDS
The Consultant shall be responsible for working with the City in determining the appropriate design
parameters and construction specifications for the project using good engineering judgment based on the
specific site conditions, City needs, and guidance provided in the most current version of the City of Cape
Girardeau's Standard Specifications and Drawings. If the project is on MoDOT Right -of -Way, then the
latest version of the Engineering Policy Guide (EPG) and Missouri Standard Specifications for Highway
Construction shall be followed.
ARTICLE VI - COMPENSATION
For services provided under this contract, the City will compensate the Consultant as determined in the
Task Order based on Consultant's Charge Out Rates as determined below:
Charge Out rates shall include all direct payroll, general and administrative overhead, specialized
equipment costs, payroll taxes, holiday and vacation pay, sick leave pay, insurance benefits,
retirement and incentive pay.
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2. Additional work incurred by others on a subcontract basis, said costs are to be passed through the
Consultant on the basis of reasonable and actual cost as invoiced by the subcontractors, only if
required and approved by the City.
METHOD OF PAYMENT — Unless otherwise stated in the Task Order, partial payments will be made
to the Consultant for work satisfactorily completed upon receipt of itemized invoices by the City.
Invoices will be submitted monthly. Invoices submitted on or before the 20th day
of any month shall become due and payable on the 10th day of the following
month. Invoices for each Task Order shall be submitted separately.
2. City's Right to Withhold Payment. In the event the City becomes informed that
any representations of the Consultant provided in its monthly billing, are wholly
or partially inaccurate, City may withhold payment of sums then or in the future
otherwise due to the Consultant until the inaccuracy and the cause thereof, is
corrected to the City's reasonable satisfaction. The Consultant shall correct or
revise any errors or deficiencies in its designs, drawings or specifications without
additional compensation when due solely to Consultant's negligent acts, errors, or
omissions.
PROPERTY ACCOUNTABILITY - If it becomes necessary to acquire any specialized equipment for
the performance of this contract, appropriate credit will be given for any residual value of said equipment
after completion of usage of the equipment.
ARTICLE VII - COVENANT AGAINST CONTINGENT FEES
The Consultant warrants that he has not employed or retained any company or person, other than a bona
fide employee working for the Consultant, 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, gifts, 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 VIII - SUBLETTING, ASSIGNMENT OR TRANSFER
No portion of the work covered by this contract, the contract itself, or any Task Order, except as provided
herein, shall be assigned, sublet or transferred without the written consent of the City. The subletting of
the work shall not relieve the Consultant of his primary responsibility for the quality and performance of
the work. The Consultant may engage subcontractors for the purposes of. foundation and/or geotechnical
borings and tests, abstracts of title, archaeological studies, traffic studies, and environmental studies, if
required and approved by the City.
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ARTICLE IX - PROFESSIONAL ENDORSEMENT
All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect the
name and seal of the Professional Engineer endorsing the work. By signing and sealing the Plans,
Specifications, and Estimate submittals the Engineer of Record will be representing to the City that the
design is meeting the intent of the program. Any review or approval by the City of any documents
prepared by the Consultant and/or its subconsultants including but not limited to the plans and
specifications, shall be solely for the purpose of determining whether such documents are consistent with
City's construction program and intent and shall not be construed as approval of same by City. No review
of such documents shall relieve Consultant of its responsibility for the accuracy, adequacy, fitness,
suitability, and coordination of its work product.
Consultant shall assign only qualified personnel to perform any service concerning the Project. At the
time of execution of the Task Order, the parties will agree on the Project Manager for the Task. This
person shall be the primary contact with the City's Project Manager and shall have authority to bind
Consultant.
ARTICLE X - RETENTION OF RECORDS
The Consultant 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 City. Said records shall be
made available for inspection by authorized representatives of the City during regular working hours at
the Consultant's place of business.
ARTICLE XI - 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 on its use. If the City incorporates any portion of the work into a project other
than that for which it was performed, the City shall save the Consultant harmless from any claims and
liabilities resulting from such use.
ARTICLE XII - TERMINATION
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 Consultant will be paid for actual time
and covered expenses incurred up to the date of termination, plus a pro -rated portion of any fixed fee.
If the contract is terminated due to the Consultant's services being unsatisfactory in the judgment of the
City, or if the Consultant fails to prosecute the work with due diligence, the City may procure completion
of the work in such manner as it deems to be in the best interest of the City. A Notice of Termination will
be sent to the Consultant and the Consultant shall have a period of ten (10) days to remedy the cause for
termination. The Consultant will be responsible for any excess cost in addition to that provided for in this
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contract or any damages the City may sustain by reason of the termination of this contract due to
unsatisfactory performances or prosecution. When Consultant services have been so terminated, such
termination shall not affect any rights or remedies of the City against the Consultant then existing or
which may later accrue. Similarly, any retention or payment of monies due the Consultant shall not
release the Consultant from liability.
ARTICLE XIII - DECISIONS UNDER THIS CONTRACT
The City will determine the acceptability of 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 XIV - SUCCESSORS AND ASSIGNS
Subject to the restrictions on assignments in Article VIII above, the City and the Consultant 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 XV - COMPLIANCE WITH LAWS
The Consultant 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
incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of obligations
under this contract. Consultant shall further comply with the following state law requirements:
Work Authorization Program. If the Contract is for services expected to cost more than $5,000.00, the
Consultant shall comply with of Section 285.530 RSMo., pertaining to enrollment and participation in a
federal work authorization program (as defined therein) and shall provide verification through an
affidavit (attached as Attachment C) that the Consultant (1) does not knowingly employ any person who
is an unauthorized alien in connection with the Contract and (2) is enrolled in a federal work authorization
program and provide documentary proof thereof. The affidavit shall contain the notarized signature of
the registered agent, legal representative, or corporate officer of the Consultant including but not limited
to the human resources director or their equivalent.
Proof of Lawful Presence. Section 208.009 RSMo., requires that all applicants at the time of application
for any contract provided by a local government provide "affirmative proof that the applicant is a citizen
or a permanent resident of the United States or is lawfully present in the United States." Consultant's
affirmative proof must be established through (i) a Missouri driver's license, (ii) any "documentary
evidence recognized by the department of revenue when processing an application for a driver's license,"
or (iii) "any document issued by the federal government that confirms an alien's lawful presence in the
United States." §208.009.3
ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY
The Consultant agrees to save harmless the City from all claims and liability due to his negligent acts or
the negligent acts of his employees, agents, or subcontractors. The City shall be entitled to recover its
actual attorneys' fees from Consultant for the City's enforcement of this Agreement.
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ARTICLE XVII - INSURANCE
The Consultant shall maintain commercial general liability, automobile liability, and worker's
compensation and employer's liability insurance in full force and effect to protect the Consultant from
claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for
damages to property arising from the negligent acts, errors, or omissions of the Consultant and its
employees, agents and subconsultants in the performance of the services covered by this Agreement,
including, without limitation, risks insured against in commercial general liability policies.
The Consultant shall also maintain professional liability insurance to protect the City against the negligent
acts, errors, or omissions, of the Consultant and those for whom it is legally responsible, arising out of
the performance of professional services under this Agreement.
Unless another amount is agreed to by the City based on the circumstances, the Consultant and his
subconsultants shall procure and maintain during the life of this Agreement insurance of the types and
minimum amounts as follows:
Insurance Type
Amount
Worker's Compensation: In full compliance with statutory requirements of
Federal and State of Missouri
Comprehensive General and Professional Liability, $441,130 each person
including: Comprehensive Automobile Liability, $2,940,868 each occurrence
Employer Liability, City's Protective Bodily Injury
Including Death, and City's Protective Property
Damage
Certificates evidencing such insurance shall be furnished to the City prior to the Consultant commencing
the work on this project. The certificates must state, "The CITY OF CAPE GIRARDEAU is an additional
insured". The City reserves the right to adjust the limit coverage requirements in accordance with
changes in the statutory sovereign immunity limits over the life of this contract to reflect any changes in
the limits as published by the Missouri Department of Insurance in the state register pursuant to RSMo.
§537.610.
The Consultant shall, upon request at any time, provide the City with certificates of insurance evidencing
the Consultant's commercial general or professional liability policies and evidencing that they and all
other required insurance is in effect, as to the services under this Contract.
Any insurance policy required as specified in this Article shall be written by a company that is
incorporated in the United States of America or is based in the United States of America. Each insurance
policy must be issued by a company authorized to issue such insurance in the State of Missouri.
ARTICLE XVIII - FINDINGS CONFIDENTIAL
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To the fullest extent permitted by law, all reports, information, data, etc. prepared or assembled by the
Consultant under this contract are confidential, and the Consultant agrees they shall not be made available
to any individual or organization without the prior written approval of the City.
ARTICLE XIX - NONDISCRIMINATION
The Consultant, with regard to the work performed by it after award and prior to completion of the
contract work, will not discriminate on the ground of race, color or national origin in the selection and
retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of 1964,
as amended. More specifically, the Consultant will comply with the regulations of the Department of
Transportation relative to nondiscrimination in federally assisted programs of the Department of
Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405 which are herein
incorporated by reference and made a part of this contract. In all solicitations either by competitive
bidding or negotiation made by the Consultant for work to be performed under a subcontract, including
procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the
Consultant's obligations under this contract and the regulations relative to non-discrimination on the
ground of color, race or national origin.
ARTICLE XX - ATTACHMENTS
The following exhibits are attached hereto and are hereby made part of this contract:
Attachment A - Charge out rates for 2021, 2022, 2023, 2024 and 2025
Attachment B - Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
Attachment C— Affidavit of Participation in Federal Work Authorization Program
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CITY Of CAPE GIRARDEAU
Executed by the Consultant this day of , 20
Executed by the City this day of , 20_
FOR: CITY OF CAPE GIRARDEAU
BY:
City Manager, Scott Meyer
ATTEST:
Deputy City Clerk, Bruce Taylor
FOR: BOWEN ENGINEERING & SURVEYING
BY:
ATTEST:
Chris Bowen, President
Angela Davis, Office Manager
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DEVELOPMENT SERVICES
CITY Of CAPE GIRARDEAU
DEVELOPMENT SERVICES
ATTACHMENT "A"
CHARGE OUT RATES
Hourly
Rate
2021
2022
2023
2024
2025
DISCIPLINE
-Principal
-------------------------------------------------------------------------------------------------
$1 -32-.00----$1-34-.00----$1-36-.00----$1-37-.00----$1-40-.00--
---------------------------------------------------
Professional_Engineer-----------------------------------------------------------------
$103.00_
_$105.00
_$106.00_
_$107.00
_$110.00
Professional Land Surveyor
$89.00
$91.00
$92.00
$93.00
$95.00
Engineering Intern____________________________________________________________________
__$83.00__
__$85.00_
__$86.00__
__$87.00_
__$89.00_
Engineering Technician____________________________________________________________
__$83.00__
__$85.00_
__$86.00__
__$87.00_
__$89.00_
_1__Man Survey Crew (With GPS Enabled Rover)_______________________
_$132.00_
_$134.00
_$136.00_
_$137.00
_$140.00
2_Man Survey Crew_________________________________________________________________
_$132.00_
_$134.00
_$136.00_
_$137.00
_$140.00
_3_Man Survey Crew_________________________________________________________________
_$173.00_
_$176.00
_$178.00_
_$179.00
_$183.00
GPS Enabled ATV
--------------------------------------------------------------------------------------------------
$220.00
---------------
$223.00
--------------
$226.00
---------------
$228.00
--------------
$234.00
--------------
CADD Technician
--------------------------------------------------------------------------------------------------
$76.00
---------------
$78.00
--------------
$79.00
---------------
$79.00
--------------
$81.00
--------------
Testing_ Technician -----------------------------------------------------------------------
$62.00------
$63-.00--
__$64.00 ------
$65.00_
__$67.00_
Office Manager
$62.00
$63.00
$64.00
$65.00
$67.00
Direct Costs:
--------------------------------------------------------------------------------------------------
---------------
--------------
---------------
--------------
--------------
Vehicle_Mileage _ IRS_Rate (per mile) ------------------------------------------------
$0 540__
-
__$0.540_
__$0 540__
__$0.540_
__$0,540 -
(per hour)
Nuclear Density Gauge ---------
----------------------------------------
$30.00
--
$30.00
$30.00
$30.00
$30.00
_Moisture Density_Control_Curve (per curve) --------------------------------------
- $300.00
$300.00
$300.00
$300.00
$300.00
SieveAnalysis_(pertest)______________________________________________________________
_$150.00
$150.00
$150.00
$150.00
$150.00
Atterberq Limits (LL, PL, PI) (per test) --------------------------------------------
$100.00
- -
$100.00
$100.00
$100.00
$100.00
Concrete Compressive Strength Test (per cylinder)
$15.00
$15.00
$15.00
$15.00
$15.00
Grout Compressive Strength Test (per cube)
$15.00
$15.00
$15.00
$15.00
$15.00
Mortar -Compressive -Strength Test (per cylinders_____________________________ ---------------------------------
$115:00 ------
$115:00
$15.00__ ------
$115:00
$15.00_
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DEVELOPMENT SERVICES
ATTACHMENT B
CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below.
2. The inability of a person to provide the certification required below will not necessarily result in
denial of participation in this covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below. The certification or
explanation will be considered in connection with the department or agency's determination
whether to enter into this transaction. However, failure of the prospective primary participant to
furnish a certification or an explanation shall disqualify such person from participation in this
transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined
that the prospective primary participant knowingly rendered an erroneous certification in addition
to other remedies available to the Federal Government, the department or agency may terminate
this transaction for cause of default.
4. The prospective primary participant shall provide immediate written notice to the department or
agency to whom this proposal is submitted if at any time the prospective primary participant
learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of the rules implementing Executive
Order 12549. You may contact the department or agency to which this proposal is being
submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency
entering into this transaction.
7. The prospective primary participant further agrees by submitting this proposal that it will include
the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
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Exclusion --Lower Tier Covered Transaction" provided by the department or agency entering into
this covered transaction, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is erroneous. A
participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to check the Nonprocurement List at the
Excluded Parties List System.
http s: //www. epl s. gov/epl s/search. do?page=A& status=current&agency=69#A.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency may
terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary
Covered Transactions
The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain or performing a public (Federal, State or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Page 13 of 14
CITY Of CAPE GIRARDEAU
DEVELOPMENT SERVICES
ATTACHMENT C
AFFIDAVIT OF PARTICIPATION IN
FEDERAL WORK AUTHORIZATION PROGRAM
Comes now Chris Bowen as President first being duly sworn, on my oath,
(name) (office held)
affirm Bowen Engineering & Surveying. Inc. ("Consultant") is enrolled and will continue to participate in a
(company name)
federal work authorization program in respect to employees that will work in connection with the
contracted services related to General Services Agreement and any incidental items
associated with this work for the duration of the contract, if awarded, in accordance with Section
285.530.2, Revised Statutes of Missouri. 1 also affirm that the Consultant does not and will not knowingly
employ a person who is an unauthorized alien in connection with the contracted services for the duration
of the contract, if awarded. Attached to this affidavit is documentation of the Consultant's participation in a
federal work authorization program.
(ATTACH DOCUMENTATION SHOWING THAT COMPANY PARTICIAPTES IN FEDERAL WORK
AUTHORIZATION PROGRAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE, AS PROVIDED IN THE
GENERAL CONDITIONS)
In Affirmation thereof, the facts stated above are true and correct (The undersigned
understands that false statements made in this filing are subject to the penalties provided under
Section 575.040, RSMo).
o
Signature (person with authority)
President
Chris Bowen
Printed Name
May 25, 2021
Title Date
State of Missouri )
ss.
County of Bollinger )
Subscribed and sworn to before me this 25th day of May , 2021.
My commission expires: J U 115#2 -b2 ( Notary PubGC
EMy
ANGELA L DAVIS
Notary Public — Notary Seal Page 14 of 14
ate of Missouri, Bollinger CountyCommission N 13491191 Commission Expires July 15, 2021
TASK ORDER NO. 1
Project Name: Cape LaCroix Recreation Trail Improvements
Task Name: Preliminary and Final Design
Consultant Name: Bowen Engineering & Surveying, Inc.
Task Order Amount: $28,500.00
Completion Date: See Section "H" for timeframe
The purpose of this Task Order No. 1 is to order specific work to the Contract for Engineering Services.
This Task Order does not delete, revise, or replace the requirements of the original Contract.
B. BACKGROUND OF PROJECT
The City of Cape Girardeau is making trail widening and stormwater improvements from Bloomfield Road
to the Shawnee Park Pedestrian Bridge along Cape La Croix Creels. This project will improve travel and
usage along this corridor.
C. DESCRIPTION OF TASK
See Attachment No. 1 for Consultant's Scope of Work (SOW). 4--1 �1
D. PROJECT COMMUNICATION
City's Project Manager: Brock Davis
City's Construction Coordinator: Adam Howell
Consultant Representative: Christopher M. Buerck, P.E.
Consultant's Project Manager: Christopher M. Buerck, P.E.
All communication and deliverables covered under this Task Order shall be directed to the City's Project Manager.
So long as the individual named above remains actively employed or retained by Consultant, he/she shall perform
the function of project manager on this Project. Personnel changes shall be approved by the City.
To the extent possible, all transmittals from Consultant to City must include the Task Order Number, Task
Order Name, and Project Name.
E. ROLES AND RESPONSIBILITIES
City is responsible for the following:
➢ Direct team with regard to overall Project activities and team meetings.
➢ Maintain liaison and coordination between Consultant and City representatives to facilitate
timely, efficient operations for all involved.
➢ Lead and attend all public meetings, if applicable.
Consultant is responsible for the following:
➢ Consultant shall provide all labor, equipment, and materials to provide the Services as outlined in
this Task Order.
➢ See Attachment No. 1.
Page 1 of 2
F. PROJECT COOPERATION
Throughout the term of the Contract, Consultant shall facilitate, manage, and expedite the work to the extent
possible to meet milestone dates or delivery schedules. Consultant shall cooperate in every way possible with
the City and the City's representatives, and any other contractors and consultants under contract with the
City for activities related to the Project or contracting with City for any other reason.
G. DELIVERABLES and MEETINGS OVERVIEW
Deliverables: Consultant shall submit all deliverables to Project Manager unless otherwise noted. All
deliverables must be submitted electronically (if prepared electronically) and in hard copy.
➢ All electronic project documents submitted shall be AutoCAD 2017, or later, and MS Office
compatible.
➢ CD(s) with all project documents.
H. SCHEDULE
Receipt of the signed Task Order will be considered the Notice to Proceed. The project schedule shall be as
follows:
➢ Final Review Submittal shall be delivered within 150 calendar days of Notice to Proceed.
➢ City to submit review comments to Consultant within 30 calendar days after receipt of Final
Review submittal.
Final Submittal shall be delivered within 30 calendar days from receipt of review comments from City
I. COMPENSATION
Compensation shall be in accordance with the Contract and attached proposal.
J. ATTACHMENTS
Attachment No. 1— Proposal including scope of work and fee.
Signature
Title
Executed by the Consultant this — day of MAY , 2023.
Signature _ a
Executed by the is �„�lY' day of v
Page 2 of 2
February 20, 2023
Brock Davis, Parks Division Manager
Parks & Recreation Department
410 Kiwanis Dr.
Cape Girardeau, MO 63701
Re: Cape LaCroix Trail Widening Project
Bloomfield Road to Shawnee Park Pedestrian Bridge
Mr. Davis;
At your request, I have prepared this proposal to provide surveying and civil engineering
services for the above referenced project. This proposal is based on our discussion of the
project and my understanding of the project scope. Below is a breakdown of the services
that are to be provided.
Topographic Survev
This work will consist of coordinating with Dig Rite to schedule utility locates and conducting
a strip topographic survey of the approximately 1.2 mile -long section of the trail from
Bloomfield Road south to the Shawnee Park pedestrian bridge. All existing utilities and
paved surfaces will be identified along the trail route as well as areas adjacent to the trail
with poor drainage. The survey information will be used to prepare a topographic strip
map. The drawing will include the following information:
• General property boundary line locations
• Easement information where available
• Identified survey monuments
• Existing individual trees in the park areas within the survey corridor
• Asphalt and concrete paved trail surfaces
• Contours and key spot elevations
• Utilities, waterlines, sanitary sewer and storm sewer features
• Survey benchmark and control point information
The estimated cost to set control points and complete the topographic survey is $9,200.
Consulting Civil Engineers Land Surveyors Testing Laboratorles
Site Civil Engineering
This work will consist of preparing plans and specifications for the trail widening project.
The following items will be completed for the project:
• Plan and profile drawings showing existing topography and grading forthe proposed
trail and adjacent areas
• Storm water collection plans
• Typical trail widening cross sections
• Construction standards and details
• Project specifications
• Detailed Storm Water Pollution Prevention Plan (SWPPP)
• Engineers Estimate of probable construction cost
• Applications for City and State storm water permits and Flood Plain Development
Permit
• FEMA No -Rise certificate
• Meetings, printing and providing electronic files
We anticipate that no storm water detention will be required for this project and that any site
lighting layout and design will be completed by others. We estimate the cost for the civil
engineering to be $19,300.
The total estimated cost to provide surveying and civil engineering services is $28,500.
Please keep in mind that we have estimated the cost to provide the described services. If
there are substantial changes to the scope of services required, additional costs could be
incurred. You will be notified prior to any additional work being completed.
I trust this information meets your needs at this time. If you have any comments or
questions about this proposal, please do not hesitate to contact me.
Sincerely,
* 16--t4�
Christopher M. Buerck, P.E.
Consulting Civil Engineers Land Surveyors Testing Laboratories
Docusign Envelope ID: BF27BF45-1644-4OA9-B182-E5DOCOCOAE18
SUPPLEMENTAL AGREEMENT NO. 1
TO
ENGINEERING SERVICES CONTRACT
This Supplemental Agreement is made part of an agreement dated February 28, 2024, between the
City of Cape Girardeau and Bowen Engineering & Surveying, P.C. for design and construction
inspection of project TAP -9900(177) also known as the Cape LaCroix Trail Enhancements Project.
The purpose of this Supplemental Agreement is to increase the fee for PE Phase Services and to
extend the date for the PS&E Approval.
Justification for the fee increase for PE Phase Services:
During the environmental review of the project it was determined there is a potential for the
presence of cultural resource sites near and within the project area of the proposed trail
enhancements. Therefore, a subconsultant will be hired to complete a Phase One Cultural
Resource Survey of the project area. Additional time will also be required to coordinate
the survey and the transmittal of information between interested parties.
2. Justification for the PS&E Approval extension:
Extension of time for the design phase is due to the following:
Additional time is required to complete the review of environmental documentation
submitted as part of the Categorical Exclusion determination and to allow time for the
Phase One Cultural Resource Survey of the project area.
We request the PS&E Approval date be extended to February 28, 2025.
These additional services shall be in an amount not to exceed Twelve Thousand One Hundred
Twenty One and Sixteen Hundredths Dollars ($12,121.16) without further authorization. The total
design phase services shall be in an amount not to exceed Forty Six Thousand Three Hundred
Seventy Five and Sixty Seven Hundredths Dollars ($46,375.67). Attachment A outlines the cost
breakdown for this Supplemental Agreement.
(Remainder of page left intentionally blank.)
Fig. 136.4.4 - 1- Revised 0f-01-
Docusign Envelope ID: BF27BF45-1644-4OA9-B182-E5DOCOCOAE18
Supplemental Agreement No. 1 accepted as defined herein:
OWNER: City of Cqpe Girardeau ENGINEER: Bowen Engineering & Surveying, P.C.
D S"g d by: /
BY: _Lr�� 6AA" N-asUvu — BY:
----
Dr. Kenneth Raskin
TITLE: City Manager
DATE: 10/23/2024
ATTEST:
BY:E-4
snnad —
sF�S
Gayle Conrad
TITLE: City Clerk
DATE: 10/29/2024
TITLE: -Z2e-. ; ;I&kj
DATE:_ i Dl r-1 jz+
BY:
TITLE: t7�!jE( 11NA-e'17✓C"R
DATE: Ie // %/Z¢
Executed by the City of Cape Girardeau on 10/29/2024
Fig. 136.4.4 - 2 - Revised 01-01•
Docusign Envelope ID: BF27BF45-1644-4OA9-B182-E5DOCOCOAE18
DESIGN PHASE
ATTACHMENT "A"
SUPPLEMENTAL AGREEMENT NO. 1
ESTIMATE OF COST
Surveying
Hours Rate
(Salary Only)
Cost
Professional Surveyor
$28.00
$0.00
Survey Party Chief 1
$23.00
$0.00
Rodman I
$23.00
$0.00
Rodman 11
$19.00
$0.00
Rodman 111
$18.00
$0.00
Preliminary Design
$0.00
Professional Engineer 1
$39.00
$0.00
Professional Engineer II
$36.06
$0.00
Professional Engineer 111
$36.00
$0.00
Office Manager
$24.50
$0.00
Final Design
$0.00
Professional Engineer 1
4 $39.00
$156.00
Professional Engineer 11
$36.06
$0.00
Professional Engineer III
$36.00
$0.00
Office Manager
$24.50
$0.00
SUBTOTAL 4
$156.00
$156.00
Payroll Overhead (Est. at 39.40% x SUBTOTAL)
$61.46
General and Admin. Overhead (Est. at 95.77% x SUBTOTAL)
$149.40
TOTAL LABOR & OVERHEADI
$366.86
Fixed Fee 14.8% x TOTAL LABOR & OVERHEAD
$54.30
TOTAL LABOR, OVERHEAD & FIXED FEE
$421.16
Other Direct Costs
Phase One Cultural Resource Survey
Services Subconsultant
$11,700.00
SUBTOTAL DIRECT COSTS
$11,700.00
TOTAL SUPPLEMENTAL AGREEMENT NO. 1
$12,121.16
Summar (Design Phase
Original Agreement
$34,254.51
Supplemental Agreements
$12,121.16
TOTAL FOR DESIGN PHASE
$46,375.67
Docusign Envelope ID: BF27BF45-1644-4OA9-B182-E5DOCOCOAE18
October 14, 2024
Christopher M. Buerck, P.E.
Bowen Engineering & Surveying, Inc.
2121 Megan Drive
Cape Girardeau, Missouri 63701
SCI ENGINEERING, INC.
EARTH • SCIENCE • SOLUTIONS
RE: Proposal for a Phase One Cultural Resource Survey
Cape Lacroix Trail Enhancements — Federal Project No. TAP - 9900 (177)
Cape Girardeau, Missouri
SCI No. 2024-1099.40
Dear Christopher M. Buerck:
GEOTECHNICAL
ENVIRONMENTAL
NATURAL RESOURCES
CULTURAL RESOURCES
CONSTRUCTION SERVICES
SCI Engineering, Inc. (SCI) is pleased to submit the following proposal to perform a Phase One Cultural
Resource Survey (CRS) associated with the above referenced project in Cape Girardeau, Missouri.
The purpose of SCI's CRS will be to identify, to the extent possible, the potential archaeological and
historical impacts of the proposed project. This will be accomplished by performing field investigations,
laboratory analysis of collected artifacts, reporting, and preparation for curation of artifacts. Details of
these activities are presented herein.
SCI understands the project will include trail widening, as well as possible trail realignment and streambank
stabilization along Cape La Croix Creek. The project will likely require new temporary easement and
permanent easements, and additional right-of-way may also be needed. The improvements are proposed
along approximately 5,430 linear feet (If) of the trail. For the investigation, SCI will assume a 12 -foot trail
width.
Private undertakings that involve federal permits, licenses, or funding require a CRS by the authority of the
National Historic Preservation Act of 1966 (Public Law 89-665, as amended), the Archaeological Historic
Preservation Act of 1974 (Executive Order 11593), and Title 36 of the Code of Federal Regulations
(Part 60 through 66 and 800, as appropriate). The current study has been requested by the Missouri
Department of Transportation (MoDOT) prior to the initiation of project -related construction activities.
Our anticipated scope of services is provided below.
SCOPE OF SERVICE
Field Investigations
SCI will conduct the necessary fieldwork according to the professional standards and guidelines set forth
within the Secretary of Interior's Standards and Guidelines for Archaeological and Historic Preservation
(Federal Register 2004) and the Missouri State Historic Preservation Office (SHPO) survey guidelines.
In addition, prior to the initiation of fieldwork, SCI will consult with MoDOT regarding the scope and
methods of field investigations and reporting protocol in an effort to confirm that our proposed methods
and reporting will meet the MoDOT protocols and guidelines. Field methods will depend upon topography,
ground surface visibility, and other factors. Visual inspection is employed in areas with steep slopes, within
130 Point West Boulevard, St. Charles, Missouri 63301 ■ 636-949-8200
www.sciengineering.com
Docusign Envelope ID: BF27BF45-1644-4OA9-B182-E5DOCOCOAE18
Christopher M. Buerck 2 October 14, 2024
Bowen Engineering & Surveying, Inc. SCI No. 2024-1099.40
wetlands or standing water, or where there is evidence of severe erosion, scouring, or non-agricultural
ground disturbance. In areas where the ground surface visibility is greater than approximately 25 percent
(high visibility), a pedestrian survey will be performed. Pedestrian surveys involve walking transects across
the project area at 5 -meter intervals examining the surface for evidence of archaeological deposits. In areas
where the ground surface visibility is less than about 25 percent (low visibility), a shovel probe survey will
be performed. Shovel probe surveys entail the hand -excavation of a small hole to the base of the plowzone
and screening of the resultant spoil through'/4-inch hardware cloth. SHPO has mandated that these shovel
probes should be no more than 15 meters apart. Shovel probe surveys are therefore more costly as they
require additional time and labor. Recent aerial photography indicates the project area consists of a mixture
of grass and wooded areas. Therefore, this proposal is for a shovel test survey of the entire project area.
Collection protocol will require collection of diagnostic cultural materials greater than 50 years in age.
In addition, the survey will require photographs, descriptions, and National Register of Historic Places
evaluations of any built environment resources (buildings or structures 45 years of age or older, including
culverts) located in or within 100 feet of the project area. If built environment resources fall within this
area of potential effects (APE), they will be documented and evaluated for National Register eligibility.
Unmarked human burial sites are very difficult to locate because these usually leave no ground surface
indication of their presence. As such, the identification of locations of unmarked human burials is beyond
the scope of this survey. If, however, human remains are located, during this investigation or during
subsequent construction activities, the client will need to follow the Unmarked Human Burial Statute,
Missouri Revised Statutes 196.400-410 and will contact local authorities as well as, the SHPO to initiate
consultation. While the notification and consultation are in progress, no work will be permitted within a
50 -foot radius of the find. If removal of these remains is required, SCI can provide an additional proposal
to perform this work.
As part of the proposed scope, SCI will notify Missouri One -Call to locate public utilities. You will be
responsible for locating all private utilities or structures. As such, SCI will not be responsible for damage
to any unmarked or unknown utilities or structures. If you are unable to locate private utilities, SCI can
perform a private utility locate for an additional fee.
Laboratory
Materials recovered from the field investigation will be washed, sorted, bagged, and prepared for curation.
The artifacts will then be analyzed to establish the temporal affiliations of each site, and to interpret the
activities conducted at each site by prehistoric or historic people. Recovered artifacts will be deposited at
a curatorial facility approved by SHPO.
Reporting
A written report outlining the results of the survey will be prepared in accordance with state and federal
guidelines. SCI can verbally report on findings of the survey to the client with the client's understanding
that final results will be documented in the written report. SCI will submit a draft of the report to MoDOT
for review. After addressing any comments from MoDOT, SCI will prepare a final version of the report
for submittal to the SHPO.
Docusign Envelope ID: BF27BF45-1644-4OA9-B182-E5DOCOCOAE18
Christopher M. Buerck 3 October 14, 2024
Bowen Engineering & Surveying, Inc. SCI No. 2024-1099.40
ESTIMATED SCHEDULE
SCI can commence fieldwork within six to eight weeks after receipt of the enclosed Acceptance of Proposal
for Professional Services sheet, weather and ground conditions pending. Fieldwork is anticipated to take
one day to complete. The report of the Phase One CRS can be completed within four to six weeks following
the completion of fieldwork.
SERVICE FEE
SCI will perform the Phase One CRS for a fixed fee of $11,200.00. SCI's cost estimate is based upon
information regarding mobilization, project size, ground cover, location, and investigation requirements.
At this time, SCI cannot determine if artifacts requiring curation will be identified during the CRS. If SCI
identifies and recovers artifacts during our Phase One CRS, it will be necessary to document and curate the
collected materials. If artifact curation is necessary, a fixed fee of $500.00 will be applied. This fee includes
the labor and materials necessary to document and curate the recovered material at a SHPO
approved facility. Our fee for curation services will be included on the final project invoice. If no artifacts
are recovered during the Phase One CRS, the fee will be waived. If the number of artifacts exceeds what
can be curated within one museum box during the Phase One CRS, additional curation fees may be
necessary.
The findings from this initial assessment may indicate the need for additional cultural resource activities
(e.g., Phase Two or Phase Three investigations). SCI will contact the client as soon as possible if such
activities are foreseen as necessary. Please note that any subsequent completion of Phase Two
investigations will require additional effort that cannot be estimated at this time.
Additional services by SCI might involve meetings and/or extensive telephone conversations to discuss the
content and recommendations provided in the report. Our charges for these additional services would be
on an hourly basis.
SCI's proposed scope is intended to meet the requirements/guidelines set forth in the Missouri Department
of Natural Resources Guidelines for Phase I Archaeological Surveys and Reports and conform to the
Secretary of the Interior's guidelines for archaeological reporting. However, should MoDOT or SHPO
request additional work beyond the scope described herein a supplement to the stated fees will be necessary.
In addition, other agencies or Native American tribes may request surveys to be completed. Requested
surveys by others often require more stringent survey guidelines than those following SHPO or MoDOT
guidance. A revised scope may be necessary if a survey is requested by entities other than MoDOT or
SHPO.
ACCEPTANCE
If the work order outlined herein is acceptable, please provide formal authorization to proceed by
completing, signing, and returning the enclosed Acceptance of Proposal for Professional Services sheet.
This sheet provides important information regarding report distribution and invoicing. Formal
authorization is necessary prior to initiation of the activities outlined herein. SCI services will be performed
for the signatory of the enclosed form, and their lender (if applicable). Written consent must be provided
by SCI should anyone other than the client (signatory) wish to excerpt, or rely on, the results of our
activities. The enclosed General Terms and Conditions will also apply to any future services you authorize
for this project. In providing services under this Agreement, SCI will endeavor to perform in a manner
consistent with that degree of care and skill ordinarily considered as regionally acceptable practice.
Docusign Envelope ID: BF27BF45-1644-4OA9-B182-E5DOCOCOAE18
Christopher M. Buerck 4 October 14, 2024
Bowen Engineering & Surveying, Inc. SCI No. 2024-1099.40
Thank you for the opportunity to submit this proposal. If you have any questions regarding this proposal,
or desire to modify the proposed scope, please do not hesitate to call at (618) 206-3048.
Respectfully,
SCI ENGINEERING, INC.
Jacob Province
Archaeologist
also
Bryan. Carlo
Senior Archaeologist
JP/BMC/rah
Enclosures
Acceptance of Proposal for Professional Services
General Terms and Conditions
N:\Projects\2024\2024-1099 Cape La Croix Rec Trail Widening\Financial\40\241099.40 Cape La Croix Trail -Phase I Proposal.docx
Docusign Envelope ID: BF27BF45-1644-4OA9-B182-E5DOCOCOAE18
Project Name:
Project Number:
SCI ENGINEERING, INC.
130 Point West Boulevard
St. Charles, Missouri 63301
636-949-8200
www.sciengineering.com
ACCEPTANCE OF PROPOSAL FOR PROFESSIONAL SERVICES
Lacroix Trail Enhancements — Phase One CRS
2024-1099.40 / BMC
Date: October 14, 2024
Fee: Fixed Fee of $11,200.00 ($500.00 curation fee if necessary)
Please provide formal authorization to proceed by completing, signing, and returning this form. The attached terms
and conditions will apply to the services outlined in the accompanying proposal.
Accepted By:
Name and Title:
Address:
Signature:
City, State, Zip:
Company Name:
Telephone:
Date:
Email:
Party responsible for payment:
(if different than Accepted By)
Name and Title:
Address:
Signature:
City,State,Zip:
Company Name:
Telephone:
Date:
Email:
Report Distribution (Note: Additional report copies after final submittal will be billed at $25.00 each)
Company and Contact Name:
Address (Printed) or Email (Electronic): No. Printed Reports
NOTICE TO OWNER: (FOR SITES IN MISSOURI ONLY)
FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR
SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN
ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER
429.RSMo. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR "LIEN WAIVERS"
FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS
CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOU PAYING FOR LABOR
AND MATERIAL TWICE.
Docusign Envelope ID: BF27BF45-1644-40A9-B182-E5DOCOCOAE18
GENERAL TERMS AND CONDITIONS
1. ACCEPTANCE OF AGREEMENT The terms and
conditions of the agreement between the client and SCI
ENGINEERING, INC. (hereinafter called SCI) are detailed below
and have been established to allocate risks between both. For the
purposes of convenience, the client may choose to orally authorize
our service, in which case the client agrees that the verbal agreement
constitutes formal acceptance of the terms and conditions detailed
below. Subsequent to an agreement by both parties to perform the
services, modifications to the terms and conditions are prohibited.
2. SITE ENTRY You, the Client, will provide for right
of entry of SCI or employees of firms working under the direction
of SCI, and all necessary equipment, in order to perform the work.
Although SCI will exercise reasonable care in performing its
services, the Client understands that use of testing or other
equipment may unavoidably cause some damage, the correction of
which is not part of this agreement. The client agrees, to the fullest
extent permitted by law, to indemnify and hold harmless SCI and its
subconsultants against any damages, liabilities, or costs, arising or
allegedly arising from procedures associated with testing or
investigative activities to the fullest extent permitted by law. If you
desire or require us to restore the site to its former condition, upon
written request, we will perform such additional work as is
necessary and you agree to pay all costs incurred.
3. SUBSURFACE STRUCTURES OR UTILITIES
The Client will furnish to SCI information identifying the type and
location of utility lines and other man-made objects beneath the
site's surface. SCI will take reasonable precautions to avoid
damaging these man-made objects. You agree to waive any claim
against SCI, and to defend, indemnify and hold SCI harmless from
any claim or liability for injury or loss allegedly arising from SCI's
damaging underground utilities or other man-made objects that were
not called to SCI's attention, or which were not properly located on
plans firmished to SCI.
4. SAMPLES Soil, rock, water, or other samples obtained
from the project site are your property. SCI shall preserve such
samples for no longer than thirty (30) calendar days after the
issuance of any document that includes the data obtained from them,
unless other mutually agreed arrangements are documented.
Concrete test specimens will be discarded after testing.
If project specification strengths are met, "hold" cylinders will be
discarded at that time.
If in SCI's opinion any of the samples collected may be
affected by regulated contaminants, SCI shall package such samples
in accordance with applicable law and client shall arrange for lawful
disposal procedures. SCI shall not, under this agreement, arrange
for or be responsible for the disposal of substances affected by
regulated contaminants. Furthermore, unless detailed in a specific
work scope, SCI is not responsible for any soil cuttings or produced
groundwater generated for the purpose of sample collection that
may be affected by regulated contaminants that are left at a job site
and were generated for the collection of soil and groundwater
samples. SCI will, at the client's request, help the client identify
appropriate alternatives for the off-site treatment, storage, or
disposal of these materials, for additional fees.
5. GENERAL LIABILITY AND LIMITATION
SCI agrees to hold you harmless and to indemnify you on account
of any liability due to bodily injury or property damage to the extent
directly caused by our negligent operational acts, but such hold
harmless and indemnity will be limited to that covered by our
comprehensive general liability insurance. At your request, SCI will
provide certificates evidencing such coverage and will purchase
additional limits of liability that you may require as a separate cost
item to be borne by you.
SCI ENGINEERING, INC.
130 Point West Boulevard
St. Charles, Missouri 63301
636-949-8200
www.sciengineering.com
You shall not be liable to SCI and SCI shall not be liable
to you for any consequential damages incurred by either due to the
fault of the other, regardless of the nature of this fault, or whether it
was committed by you or SCI, their employees, agents, or
subcontractors. Consequential damages include, but are not limited
to, loss of use, loss of profit, loss of business, loss of income, loss of
reputation or any other consequential damage that any parry may
have incurred from any cause of action, including, but not limited to
negligence, strict liability, breach of contract, or breach of warranty.
6. SHARED RISK ALLOCATION The Client and SCI
agree to allocate certain of the risks so that, to the fullest extent
permitted by law, SCI's total aggregate liability to the Client is
limited to $50,000.00 for any and all injuries, damages, claims,
losses, expenses, or claim expenses (including attorney's and expert
witness' fees) arising out of this AGREEMENT from any cause or
causes. Such causes include, but are not limited to, SCI's
negligence, errors, omissions, strict liability, statutory liability,
breach of contract, breach of warranty, negligent, misrepresentation,
or other acts giving rise to liability based upon contract, tort, or
statute. Higher limits may be available upon request and additional
negotiated fee.
Limitations on liability, waivers and indemnities in this
Agreement are business understandings between the parties and
shall apply to all legal theories of recovery, including breach of
contract or warranty, breach of fiduciary duty, tort (including
negligence), strict or statutory liability, or any other cause of action.
You agree that you will not seek damages in excess of the
contractually agreed-upon limitation directly or indirectly through
suits against other parties who may join the Consultant as third -party
defendant. None of the insurance or indemnity obligations under
this agreement shall be deemed to be with a waiver of this limitation
of liability provision.
7. INVOICES You will make all payments in accordance
with SCI's invoices, and payment is due upon receipt of invoice.
A fee of 1'/2 percent per month will be payable on any amounts not
paid within thirty (30) days, payment thereafter to be applied first to
accrued interest and then to your unpaid amount. You agree to pay
invoices under these terms and to bear collection fees, court costs,
or any other reasonable expense involved in the collection of
amounts not paid.
8. HAZARDOUS MATERIALS; NOTIFICATION OF
AND DISCOVERY OF When hazardous materials are known,
assumed, or suspected to exist at a site, SCI is required to take
appropriate precautions to protect the health and safety of its
personnel, to comply with applicable laws and regulations, and to
follow procedures that SCI deems prudent to help minimize physical
risks to employees and the public. You warrant that you have
provided to SCI all available information about type and location of
known and suspected hazardous materials on, under, or adjacent to
the project site.
The discovery of unanticipated hazardous or suspected
hazardous materials will constitute a changed condition mandating
termination of services if SCI and you are unable to renegotiate the
scope of service in a timely manner. SCI will notify you as soon as
practically possible should SCI encounter unanticipated hazardous
or suspected hazardous materials.
The discovery of unanticipated hazardous or suspected
hazardous materials may make it necessary for SCI to take measures
that in SCI's professional opinion are needed to help preserve and
protect the health and safety of SCI's personnel and of the public,
and/or to preserve and protect the environment. As a condition
precedent to the provision of service for this project, you agree to
Docusign Envelope ID: BF27BF45-1644-4OA9-B182-E5DOCOCOAE18
compensate SCI for the additional fees and costs associated with any
such measures and further agree to defend, indemnify, and hold
harmless from any claim or liability for injury or loss arising from
SCI's encountering unanticipated hazardous or suspected hazardous
materials.
9. CONTAMINATION OF AN AQUIFER
Unavoidable contamination of soil or groundwater may occur
during subsurface exploration, as when drilling or sampling tools
penetrate a contaminated area, linking it to an aquifer, underground
stream or other hydrous body not previously contaminated and
capable of spreading contaminants. Because subsurface exploration
is an essential aspect of the services that SCI will provide on your
behalf, you shall indemnify, defend, and hold SCI harmless from
any claim or liability for injury or loss which may arise as a result
of contamination allegedly caused by subsurface exploration to the
fullest extent permitted by law.
10. SITE SAFETY With respect to project site
safety, SCI shall be responsible only for the on-site activities of its
employees and subcontractors, and this responsibility shall not be
construed to relieve you or the general contractor from your
obligation to maintain a safe project site. Neither the professional
activities of SCI, nor the presence of SCI's employees or
subcontractors shall be construed to imply that SCI has any
responsibility for any methods of work performance, procedures,
superintendence, sequencing of operations, or safety in, on, or about
the project site other than SCI's and SCI's subconsultants. You
agree that the general contractor is responsible for project site safety
and warrant that this intent shall be made evident in your agreement
with the general contractor.
11. CONSTRUCTION COST ESTIMATES An opinion
of construction cost prepared by SCI represents our judgment as a
design professional and is supplied for your general guidance only.
Since we have no control over the cost of labor and material, nor
over competitive bidding or market conditions, we do not guarantee
the accuracy of our opinion as compared to other sources, such as,
contractor bids of actual cost to the owner.
12. DEFECTS IN SERVICE You and your personnel,
contractors, and subcontractors shall promptly report to SCI any
defects or suspected defects in SCI's work, in order that SCI may
take prompt effective measures which in SCPs opinion will
minimize the consequences of any such defect.
13. TERMINATION Any or all services being provided
for you by SCI under these General Terms and Conditions or under
separate contract may be terminated by either party upon seven (7)
days prior written notice. In the event of termination, SCI shall be
compensated by you for all services performed up to and including
the termination date, including reimbursable expenses.
14. FORCE MAJEURE Any delays or failure of
performance by SCI shall not constitute a default under this
Agreement, if such delays or failures of performance are caused by
occurrences beyond the reasonable control of SCI. Performance
under this Agreement shall resume promptly once the cause or delay
or failure ceases and SCI's schedule for performance shall be
extended to the extent of such delay. Each party shall take
reasonable steps to mitigate the impact of any such delay or failure.
15. ENVIRONMENTAL SITE ASSESSMENT
An Environmental Site Assessment is conducted to render an
opinion about the possibility of regulated contaminants being
present on, in, or beneath the site specifically at the time services
were conducted. Client understands that no matter how thorough an
Environmental Site Assessment is, SCI cannot know or state
factually that a site is unaffected by reportable quantities of
regulated contaminants. Furthermore, even if SCI believes that
reportable quantities are not present, the client bears the risk that
such contaminants may be present or may migrate to the site after
the study is complete. Likewise, the client agrees to hold SCI
harmless from any claim or liability for injury or loss arising from
the unanticipated discovery of hazardous materials or suspected
hazardous materials to the fullest extent permitted by law.
16. FAILURE TO FOLLOW RECOMMENDATIONS
SCI disclaims any and all responsibility and liability for problems
that may occur during implementation of SCI's plans,
specifications, or recommendations when SCI is not retained to
observe such implementation.
17. ALTERATION OF INSTRUMENTS OF SERVICE
Client agrees that designs, plans, specifications, reports, proposals,
and similar documents prepared by SCI are instruments of
professional service, and as such, they may not under any
circumstances be altered by any party except SCI. Client warrants
that SCI's instruments of service will be used only and exactly as
submitted by SCI. Accordingly, Client shall waive any claim
against SCI and shall, to the fullest extent permitted by law,
indemnify, defend, and hold SCI harmless of any claim or liability
for injury or loss arising from unauthorized alteration of SCI's
instruments of service.
18. MOLD DISCLAIMER The services performed by
SCI, unless specifically addressed in our scope of services, are not
intended to take into account indoor amplification of mold. SCI's
services may comment on depth to groundwater and site drainage,
but in no instance is this to be interpreted that we were specifically
intending to reduce moisture contents and/or humidity
measurements within the structure as they may relate to mold.
Client understands our services, unless specifically expressed in our
work scope, are in no way intended to address the potential for mold
infestation, and, as such, agrees to indemnify and hold SCI harmless
from any claim alleging that SCI's services caused or aggravated a
mold infestation to the fullest extent permitted by law.
19. OTHER PROVISIONS You agree that this contract is
entered into by the parties for the sole benefit of the parties to the
contract, and that nothing in the contract shall be construed to create
a right or benefit for any third party.
a. You agree that any and all limitations of SCI's
liability and indemnifications by you shall include and extend to
those individuals and entities SCI retains for performance of the
services under this Agreement, including but not limited to SCI's
officers, directors, and employees and their heirs and assigns, and
SCI's subconsultants.
b. In an effort to resolve any conflicts that arise during
or following completion of the project, you and SCI agree that all
disputes between us arising out of or related to this Agreement shall
be submitted to non-binding mediation as a condition precedent to
institution of any formal legal proceeding, unless the parties
mutually agree otherwise in writing.
c. THE PARTIES TO THIS CONTRACT HEREBY
AGREE TO SUBMIT ANY SUCH DISPUTE TO THE CIRCUIT
COURT OF ST. CHARLES COUNTY, STATE OF MISSOURI.
d. Test borings and test pits are an accepted and
informative means of subsurface exploration. However, in the
nature of things, they cannot indicate with absolute certainty the
nature of the subsurface conditions between and sample locations of
the exploration and below the termination of the borings or pits.
Therefore, a report based on test borings, test pits, or other
exploration method cannot ascertain the nature of the subsurface
conditions between and beyond the specific sample locations.
If conditions different than are indicated in our report come to your
attention after you receive the report, it is recommended that you
contact SCI immediately to inform SCI completely of what you have
discovered and to authorize further evaluation, if appropriate.
e. Any recommendations provided in any
correspondence, reports, plans, etc. from SCI are for the exclusive
use of our client and are specific to the project covered by this
contract. Recommendations provided by SCI are not meant to
supersede more stringent requirements of local ordinances.
f. You may not assign this agreement to any other
person or entity without the prior written consent of SCI.
Any transfer of fifty percent or more of your equity interest or voting
interest shall be deemed to be an assignment for this purpose.
g. SCI will perform all services under this agreement
using the standard of care ordinarily used by firms performing such
services in the locale where the services are being rendered.
However, many factors influence the results from those services.
As such, SCI expressly disclaims any warranty or guaranty as to the
accuracy of such results. SCI's performance shall be solely judged
against the foregoing standard of care.
Certificate Of Completion
Envelope Id: BF27BF4516444OA9B182E5DOCOCOAE18
Subject: Complete with Docusign: Supplemental Agreement No. 1 - TAP-9900(177).pdf
Source Envelope:
Document Pages: 10 Signatures: 2
Certificate Pages: 5 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC -08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
10/17/2024 9:25:30 AM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
Dr. Kenneth Haskin
khaskin@cityofcapegirardeau.org
City Manager
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 10/23/2024 1:23:03 PM
ID:24cc4Obc-35ec-4375-ad44-8cebf9d22106
Gayle Conrad
gconrad@cityofcape.org
City Clerk
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/6/2021 11:44:55 AM
ID:36742e18-0193-408e-bc21-2af9f5f4ecc4
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Amanda McKinney
amckinney@CityofCapeGirardeau.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Holder: Karen James
kjames@cityofcape.org
Pool: StateLocal
Pool: City of Cape Girardeau
Signature
by:
ED—Sig"ed
V'. 1 tbldA (1xs v"
OCE66CC826F54AD...
Signature Adoption: Pre -selected Style
Using IP Address: 35.134.156.158
Signed using mobile
C�LDo<u'S�".irgO�nOe'd by:
VIV14
6FD95C2AF748
Signature Adoption: Pre -selected Style
Using IP Address: 35.134.156.158
Signature
Status
Status
Status
Status
Status
COPIED
DocuSign
Status: Completed
Envelope Originator:
Karen James
401 Independence Street
Cape Girardeau, MO 63703
kjames@cityofcape.org
IP Address: 35.134.156.158
Location: DocuSign
Location: DocuSign
Timestamp
Sent: 10/17/2024 9:36:02 AM
Resent: 10/22/2024 7:36:10 AM
Resent: 10/23/2024 12:14:16 PM
Viewed: 10/23/2024 1:23:04 PM
Signed: 10/23/2024 1:23:09 PM
Sent: 10/23/2024 1:23:11 PM
Resent: 10/24/2024 1:07:43 PM
Resent: 10/25/2024 10:08:58 AM
Resent: 10/28/2024 9:37:24 AM
Resent: 10/29/2024 2:35:30 PM
Viewed: 10/29/2024 3:00:46 PM
Signed: 10/29/2024 3:01:39 PM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 10/29/2024 3:01:40 PM
Carbon Copy Events Status Timestamp
Accepted: 5/23/2022 11:43:21 AM
ID:e3303ea7-72b1-4cbc-8c5b-Of25cf9005fa
Tim Richmond
trichmond@cityofcapegirardeau.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/22/2022 8:12:28 AM
ID:7614513e-1a73-4e23-a61a-b95244517e16
COPIED
Witness Events Signature
Notary Events Signature
Envelope Summary Events Status
Envelope Sent
Hashed/Encrypted
Certified Delivered
Security Checked
Signing Complete
Security Checked
Completed
Security Checked
Payment Events Status
Electronic Record and Signature Disclosure
Sent: 10/29/2024 3:01:40 PM
Timestamp
Timestamp
Timestamps
10/17/2024 9:36:03 AM
10/29/2024 3:00:46 PM
10/29/2024 3:01:39 PM
10/29/2024 3:01:40 PM
Timestamps
Electronic Record and Signature Disclosure created on: 12/14/2020 12:20:10 PM
Parties agreed to: Dr. Kenneth Haskin, Gayle Conrad, Amanda McKinney, Tim Richmond
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Cape Girardeau (we, us or Company) may be required by law to
provide to you certain written notices or disclosures. Described below are the terms and
conditions for providing to you such notices and disclosures electronically through the DocuSign
system. Please read the information below carefully and thoroughly, and if you can access this
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Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to
use electronic records and signatures' before clicking `CONTINUE' within the DocuSign
system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per -page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Cape Girardeau:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: akangas@cityofcapegirardeau.org
To advise City of Cape Girardeau of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at akangas@cityofcapegirardeau.org
and in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from City of Cape Girardeau
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to akangas@cityofcapegirardeau.org and
in the body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Cape Girardeau
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check -box indicating you wish to withdraw your consent, or you may;
ii. send us an email to akangas@cityofcapegirardeau.org and in the body of such request you
must state your email, full name, mailing address, and telephone number. We do not need any
other information from you to withdraw consent.. The consequences of your withdrawing
consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https:Hsupport.docusi ng com/jzuides/si ig er- uigu de-
signing -system -requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check -box next to `I agree to use electronic records and signatures' before
clicking `CONTINUE' within the DocuSign system.
By selecting the check -box next to `I agree to use electronic records and signatures', you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify City of Cape Girardeau as described above, you consent to
receive exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to you by City of Cape Girardeau during the course of your relationship with
City of Cape Girardeau.