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HomeMy WebLinkAboutRES.1142.02-05-1996 i BILL NO. 96-61 RESOLUTION NO. ,i ` r� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR ENGINEERING SERVICES WITH BLACK & VEATCH FOR THE TRANSPORTATION IMPROVEMENTS PROGRAM BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE l. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement for Engineering Services with Black and Veatch for the Transportation Improvements Program. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS ;?,t i( DAY OF _:,�. �Ci:i<c,t(�1F'ti_, 19 /�t' � A. M. Spradling, III, M ATTEST: ��. , ;� (-'' ,, ' � Gayle ; . Conrad Deputy City Clerk AGREEMENT FOR ENGINEERING SERVICES FOR CITY OF CAPE GIRARDEAU, MISSOURI TRANSPORTATION IMPROVEMENTS PROGRAM Owner: City of Cape Girardeau, Missouri Project: Transportation Improvements Program TABLE OF CONTENTS Section pages AGR$EMENT FOR ENGINEERING SERVICES 1 to 8 ATTACHMENT A - SCOPE OF SERVICES A-1 to A-30 PHASE 1 Initial Investigations and A-2 Preliminary Study PHASE 2A Field Surveys and Property Surveys A-12 PHASE 2B Design, Construction Drawings, A-13 Specifications, and Bid Documents PHASE 2C Rights-of-Way and Easements A-18 Negotiation and Acquisition PHASE 3 Bidding Assistance, Construction Phase A-19 Services, and Resident Services PHASE 4 Supplemental Services A-30 ATTACHMENT B - COMPENSATION B-1 to B-5 ATTACHMENT C - OWNER' S RESPONSIBILITIES C-1 to C-2 Cape Girardeau, Missouri -i- 01/24/96 Transportation Program Agreement for Engineering Services AGREEMENT • FOR ENGINEERING SERVICES THIS AGREEMENT, between the City of Cape Girardeau (Owner) and Black & Veatch (Engineer) ; W I T N E S S E T H : WHEREAS, Owner intends to construct improvements to its system of roads and streets as part of its 5-year Transportation Improvements Program (the Project) ; and, wHEREAS, Owner requires surveys, preliminary studies, design engineering, public involvement, right-of-way and easement acquisition, bidding assistance, construction phase services, and resident engineering services in connection with the Project (the Services) ; and, WHEREAS, Engineer is prepared to provide the Services; NOW THEREFORE, in consideration of the promises contained in this Agreement, Owner and Engineer agree as follows : ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be ARTICLE 2 - GOVERNING LAW This Agreement shall be governed by the laws of the state of Missouri . ARTICLE 3 - SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Services described in Attachment A, Scope of Services . ARTICLE 4 - COMPENSATION Owner shall pay Engineer in accordance with Attachment B, Compensation. Cape Girardeau, Missouri Page 1 of 8 01/22/96 Transportation Program ARTICLE 5 - OWNER' S RESPONSIBILITIES Owner shall be responsible for all matters described in Attachment C, Owner' s Responsibilities . ARTICLE 6 - STANDARD OF CARE Engineer shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances . No other warranty, express or implied, is included in this Agreement or in any drawing, specification, report, or opinion produced pursuant to this Agreement . ARTICLE 7 - LIABILITY AND INDEMNIFICATION 7 . 1 General . Having considered the potential liabilities that may exist during the performance of the Services, the benefits of the Project, and the Engineer' s fee for the Services, and in consideration of the promises contained in this Agreement, Owner and Engineer agree to allocate and limit such liabilities in accordance with this Article . 7 . 2 Indemnification. Engineer and Owner each agrees to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions . In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Engineer and Owner, they shall be borne by each party in proportion to its own negligence . 7 . 3 Emplovee Claims . Engineer shall indemnify Owner against legal liability for damages arising out of claims by Engineer' s employees . Owner shall indemnify Engineer against legal liability for damages arising out of claims by Owner' s employees . 7 . 4 Consequential Damages . To the fullest extent permitted by law, Engineer shall not be liable to Owner for any special, indirect, or consequential damages resulting in any way from the performance of the Services . Cape Girardeau, Missouri Page 2 of 8 01/22/96 Transportation Program 7 .5 Survival . Upon completion of all Services, obligations, and duties provided for in this Agreement, or if this Agreement is terminated for any reason, the terms and conditions of this Article shall survive. ARTICLE 8 - INSURANCE During the performance of the Services under this Agreement, Engineer shall maintain the following insurance : (1) General Liability Insurance, with a combined single limit of $1, 000, 000 for each occurrence and $1, 000 , 000 in the aggregate. (2) Automobile Liability Insurance, with a combined single limit of $1, 000, 000 for each person and $1, 000, 000 for each accident . (3) Workers' Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance, with a limit of $500, 000 for each occurrence . (4) Professional Liability Insurance, with a limit of $1, 000, 000 annual aggregate . Engineer shall, upon written request, furnish Owner certificates of insurance which shall include a provision that such insurance shall not be canceled without at least thirty days' written notice to Owner. All Project contractors shall be required to include Owner and Engineer as additional insureds on their General Liability insurance policies, and shall be required to indemnify Owner and Engineer to the same extent . Engineer and Owner waive all rights against each other and their directors, officers, partners, commissioners, officials, agents, and employees for damages covered by property insurance during and after the completion of the Services . If the Services result in a construction phase of the project, a similar provision shall be incorporated into all construction phase contracts entered Cape Girardeau, Missouri Pdge 3 of 8 O1/22/96 Transportation Program into by Owner and shall protect Owner and Engineer to the same extent . . ARTICLE 9 - LIMITATIONS OF RESPONSIBILITY Engineer shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project; (2) the failure of any contractor, subcontractor, vendor, or other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to the Owner or to comply with federal , state, or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A, Scope of Services . ARTICLE 10 - OPINIONS OF COST AND SCHEDULE Since Engineer has no control over the cost of labor, materials, or equipment furnished by others, or over the resources provided by others to meet Project schedules, Engineer' s opinion of probable costs and of Project schedules shall be made on the basis of experience and qualifications as a professional engineer. Engineer does not guarantee that proposals, bids, or actual Project costs will not vary from Engineer' s cost estimates or that actual schedules will not vary from Engineer' s projected schedules . ARTICLE 11 - REUSE OF DOCUMENTS All documents, including, but not limited to, drawings, specifications, �nd computer software prepared by Engineer pursuant to this Agreement are instruments of service in respect to the Project . They are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project . Any reuse without prior written verification or adaptation by Engineer for the specific purpose intended will be at Owner' s sole risk and without liability or legal exposure to Engineer. Owner shall defend, indemnify, and hold harmless Engineer against all claims, losses, damages, injuries, and expenses, including attorneys' fees, arising out of or resulting from such reuse . Any verification or adaptation of Cape Girardeau, Missouri Page 4 of 8 01/22/96 Transportation Program documents will entitle Engineer to additional compensation at rates to be agreed upon by Owner and Engineer. ARTICLE 12- OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Except as otherwise provided herein, engineering documents, drawings, and specifications prepared by Engineer as part of the Services shall become the property of Owner, provided, however, that Engineer shall have the unrestricted right to their use . Engineer shall retain its rights in its standard drawing details, specifications, data bases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Engineer. ARTICLE 13 - TERMINATION This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement . The nonperforming party shall have fifteen calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the other party. Owrier may terminate or suspend performance of this Agreement for Owner' s convenience upon written notice to Engineer. Engineer shall terminate or suspend performance of the Services on a schedule acceptable to Owner. If termination or suspension is for Owner' s convenience, Owner shall pay Engineer for all the Services performed and termination or suspension expenses . Upon restart, an equitable adjustment shall be made to Engineer' s compensation. ARTICLE 14 - DELAY IN PERFORMANCE Neither Owner nor Engineer shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions ; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; Cape Girardeau, Missouri Page 5 of 8 01/22/96 Transportation Program sabotage; judicial restraint; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either Owner or Engineer under this Agreement . Should such circumstances occur, the nonperforming party shall , within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement . ARTICLE 15 - COMMUNICATIONS Any communication required by this Agreement shall be made in writing to the address specified below: Engineer: Steve Phillips Black & Veatch 8400 Ward Parkway P.O. Box 8405 Kansas City, Missouri 64114 Owner: Mike Miller City Manager City Hall 401 Independence Street P.O. Box 617 Cape Girardeau, Missouri 63702 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Engineer and Owner. ARTICLE 16 - WAIVER A waiver by either Owner or Engineer of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party' s rights with respect to any other or further breach. ARTICLE 17 - SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or Cape Girardeau, Misso�ri Page 6 of 8 01/22/96 Transportation Program provision of this Agreement . Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions o� this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. ARTICLE 18 - INTEGRATION This Agreement represents the entire and integrated agreement between Owner and Engineer. It supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written, relating to the subject matter of this Agreement . ARTICLE 19 - SUCCESSORS AND ASSIGNS Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators, assigns, and legal representatives to the other party to this Agreement and to the directors, officers, partners, successors, executors, administrators, assigns, and legal representatives of such other party in respect to all provisions of this Agreement . ARTICLE 20 - ASSIGNMENT Neither Owner nor Engineer shall assign any rights or duties under this Agreement without the prior written consent of the other party. Unless otherwise stated in the written consent to an assignment, no assignment will release or discharge the assignor from any obligation under this Agreement . Nothing contained in this Article shall prevent Engineer from employing independent consultants, associates, and subcontractors to assist in the performance of the Services . ARTICLE 21 - THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and Engineer. Cape Girardeau, Missouri Page 7 of 8 01/22/96 Transportation Program IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement . OWNER ENGINEER City of Cape Girardeau, Missouri Black & Veatch By gy Mike Miller John R. McNitt City Manager Partner Date : Date : Cape Girardeau, Missouri Page 8 of 8 01/22/96 Transportation Program Attac h m e nt A b1�Zy�7b 1�:�4 p �1v ��� G�c�� �Hr� ruc�i� wK�� r. bc F�LE• �9. ]87 01 2Q '96 J5�09 1D�BLACK & VEATCH S1L 31A 532 1465 PAGE 2 A7'TACHMEN7.' A TO AOR�EMENT FOR fiNGIN�FtRINa 8L}tVTC�S FOR CITY OF CAP£ QIRARDEAU, Mx890URI TRAN9PORTA�'ION 7hSPROVEMENTS PROGRAM SCOPB OF SERVICEB �°x� City ot Cape Glrardeau, Dtiseouri ProjecC: Traneportatlon improvaments pzp9�-am The scope of aerv�ces for thiE� project includes surveying, preliminary studies, design engineering, puUlic involvement, right- of-way and easEment acquisition, bidding aasistance, conetxuction phaQe eervice�, and reeident enginEeii,ng service� for four individual improvemente projecta : • Perryville Rvad tl�mita of exiating concre�e north of M�yer ns;lve r.o the Gity T.,imi t$) � Broadway (deeign frorn Claxk Ave Go West End Slvd. , construccion from Clark Av� . to Perry Ave . ) • Bloomfield Raad (wesc �f Kingehighway �o Siemer.a Drive, not lnclt�diny che I-55 bridge) . • Traffic• Signal uNyrade (il intersec[ions alony 8roadwAy, Spr.igg street , and Independancc St,z�eEtl Thas ee�pe of services appliee iz� gener�l t,c, tl�e t;hree screei�. improvemei�ce projecte and in certain areas to �he sigr�al upgrade work. The pcope of. eervices is described in more decail herein, under r.he fal].owing major pha�es : 1'HAS� 1 lnitial Inve6rigationa and Preliminary Study PHASF 2A Field Survcy8 and Propexty Surveya PHAS�: 28 Design, Construction Drawitiye, :ip6C� riCe�taonS, and BfC3 D�c:umG)1Cb P1�ASi: 2C Righce-of-Way And E&sements Kegotiat�,on and AcquisiCion PHASE 3 Bidding Aseistance, Cons�z�uceior� �11as� Serv�cee, and Re�ider.t Services Pt1ASB e Supplement4l Serva.cea Cepa GirArdeau, M�c9oun Trenepor[etion Proyram ��� 01�2d/9fi PHASE l. INITIAL INVESTIGATIONS AND PRELIMINARY STUDY Engineer will conduct a Preliminary Study for each of the four projects . Final design and document preparation will not begin until after the Preliminary Study is completed for a particular project and Notice to Proceed issued by Owner. Initial investigations include general reconnaissance work and information gathering. Field surveys, property surveys, title research, and utility locations are covered under Phase 2A. A. Preliminary and General Items 1 . Consult with Owner to clarify and define Owner' s requirements for each project and review pertinent available data. 2 . Participate in informal meetings with the Owner to review progress and exchange ideas and information. One meeting per month is anticipated. 3 . Prepare and submit monthly progress reports to Owner. Progress reports will be submitted by the 5th of each month, in conjunction with periodic invoices . 4 . Prepare a Project Procedures memorandum to provide general guidance regarding communications, responsibilities, basic design parameters, and work flow for Engineer' s team. Deliverable due dates and key intermediate milestones will also be identified. Copies will be provided to Owner for review and use . B. Collect Existing Information 1 . Review existing reports and other information from Owner' s files . 2 . Review records to determine past history of use as to traffic flow, congestion problems, accident data, special event usage, drainage problems, and other issues experienced or projected to occur. Determine functional classification of route. 3 . Consult with Owner and utility service providers to establish a working dialogue at the outset of the project . Coordinate special needs for facilities such as Cape Girardeau, Missouri A-2 01/24/96 Transportation Program gas and electric service to SE Missouri Hospital . Collect relevant data about existing facilities, associated traffic flows, and construction history. C. Traffic Capacity Determinations 1 . Prepare arterial capacity and Level of Service (LOS) calculations for the three street projects using existing traffic data, with the Highway Capacity Software (HCS) package . 2 . Develop traffic projections for a 20-year planning period in consultation with Owner' s staff . 3 . Prepare HCS calculations to determine LOS for the projected traffic loads . 4 . Summarize the results for use in pavement design and traffic control planning, and for Owner' s use . 5 . For the Broadway project, these calculations will be made for the purpose of general LOS information, pavement design, and traffic control planning. More detailed work for the signal upgrade and timing optimization is specified under Phase 1, Item G. 6 . Identify general pedestrian traffic volumes and needs . Consult with Owner to confirm and refine pedestrian traffic data. Consult with Owner to determine need for bikeways . Determine specific areas for increased pedestrian traffic facilities . 7 . Develop proposed typical cross sections for the street improvements . Submit proposed typical sections with a summary of pros and cons, as appropriate, to Owner for review and comment . 8 . Agree on final typical sections (geometric) to include roadway, sidewalk (s) , landscaping border strips, utility corridors, and similar elements . Cape Girardeau, Missouri A-3 01/24/96 Transportation Program D. Alignment and Profile Study l . Determine needs and alternative solutions . a. Study available topographic, property, and utility maps and aerial photography within the corridor to determine potential alternative alignments for consideration. Existing City mapping (1"=200' scale) and recent aerial photography will be used, with additional information as available. b. Conduct a field reconnaissance to review the potential alignment alternatives within the corridor and determine if there are additional considerations not apparent from the available mapping and records . c. Identify design speed, sight distance requirements, pedestrian needs, and roadside safety issues for use in developing alternatives . Submit to Owner for review, revision, and concurrence. d. Prepare a sidewalk study for each project to determine the limits of sidewalk to be reconstructed and the most efficient and beneficial areas to construct new sidewalks . Include a pedestrian crossing study to evaluate advantageous locations and marking requirements for new crossings, and provide appropriate tie-ins to the Cape Girardeau hiking and biking trail near Bloomfield Road. 2 . Evaluate alternative alignments . a. Summarize advantages and disadvantages of each alternative alignment, considering geotechnical conditions, urban development conditions, hydrologic/hydraulic considerations, service and maintenance requirements, construction difficulties, and overall costs . It is anticipated that horizontal alignments will generally follow existing alignments except for Perryville Road, where alternative alignments for certain curves will be considered to improve sight distances; and for Bloomfield Road, slight Cape Girardeau, Missouri A-4 01124/96 Transportation Program curvilinear alignment will be considered as an alternative to the existing tangent alignment, with the goal of preserving trees . Similarly, for vertical alignment, alternatives will be considered where needed to improve sight distances over crests, side street and entrance grades, and also drainage conditions . Otherwise, the proposed improvements will generally follow existing alignments . b. Incorporate existing alignment and ground line data from the field survey activities and establish a digital terrain model to analyze alternatives . c . Determine approximate construction limits and earthwork volumes for the alternatives . d. Evaluate solutions such as special slope treatments or retaining walls where warranted to reduce property impacts . e . Determine approximate right-of-way and easement requirements for the alternatives . f . Prepare planning-level cost opinions for earthwork, right-of-way, and easement . E. Hydrology and Hydraulics Study 1 . Determine drainage areas and runoff characteristics for cross road structures . 2 . In conjunction with Phase 2A-Field Surveys, conduct property owner interviews to determine past experience with surface flooding or underground springs, and whether there are special issues that should be addressed in the improvements project . 3 . Calculate design flow rates using a design storm and procedure acceptable to Owner. 4 . Prepare hydraulics design for existing and proposed culverts to determine sizes, headwater depths, and outflow velocities . Hydraulic designs will include consideration of downstream effects to the nearest Cape Girardeau, Missouri A-5 O1/24/96 Transportation Program floodway or tributary stream to the floodway (e .g. Walker Branch and Cape la Croix Creek) . 5 . Evaluate existing cross road structures to determine if extension is feasible or that reconstruction is required. 6 . Perform pavement drainage analysis and design, determine sizes and spacing of inlets, sizes of connecting storm sewers, and outfall locations . Special attention will be given to drainage design on the Broadway Project . Areas to be investigated include greatly expanding the curb inlet system and increased storm sewer capacities, and the most effective method to utilize the Capaha Park lagoon as a stormwater management facility. Drainage design is not a part of the Traffic Signal Upgrade project in this scope of services . 7 . Determine outfall protection requirements for culverts and storm sewers . 8 . Determine need for stormwater detention, and discuss with Owner. Prepare preliminary design to include basin size and location as needed. 9 . Prepare planning-level cost opinions for drainage features . F. Pavement Design 1 . Summarize traffic loadings and geotechnical characteristics of subgrades for each street . 2 . Review City specifications, standard practices, and related information. 3 . Design pavement systems using AASHTO or other appropriate method. Both asphaltic concrete and portland cement concrete pavement systems will be designed as structural equivalents for alternative bidding by contractors . Life-cycle cost estimating is not anticipated. 4 . Prepare planning level cost estimates for pavements, driveways, sidewalks,and similar items . Cape Girardeau, Missouri A-6 01/24/96 Transportation Program G. Traffic Signal Upgrade Each of the three street improvements projects will include traffic engineering activities for signing, striping, and traffic control plans . The signal upgrade project will require specific traffic engineering services to optimize signal timing for the 11 intersections along Broadway, Sprigg Street, and Independence Street . 1 . Obtain record drawings and other available information from Owner describing the current signal hardware systems and interconnections, and all available traffic data. 2 . Acquire names of businesses and owners of record, and existing right-of-way limits, for the parcels adjacent to each intersection. 3 . Review current timing and phasing configurations and develop an optimization methodology. The proposed methodology will be submitted for Owner' s review before proceeding. Engineer will recommend whether any additional field traffic counts are justified. Field traffic counting for turning movements, peak volumes, and pedestrian traffic will be provided by Owner or by Engineer as a supplemental service . 4 . Perform limited-scope field surveys to define the intersection geometrics, locate existing signal hardware, and coordinate with utilities to locate service lines . Extensive survey activity for this item of work is not anticipated (except for the intersections within the limits of the Broadway improvements) nor included in this scope of services . Field data will be used both to develop intersection traffic capacities and to develop installation plans and specifications . 5 . Design the upgrade for each installation according to the Institute of Transportation Engineers (ITE) and/or the Missouri Highway and Transportation Department (MHTD) specifications . Upgrading to Type 170 controllers is anticipated. The uniformity of existing signal features will be reviewed for compliance with the Manual on Uniform Traffic Control Devices (MUTCD) . MUTCD compliance review will include but not be limited to: Cape Girardeau, Missouri A-7 01/24/96 Transportation Program • Size, number, arrangement and design of signal lenses • Transverse location of signal posts, mast arms and controller cabinets • Use of vehicle detectors in roadway pavement • Coordination of signals in interconnected network • Applicability of specific actuated signal controllers with detector loops to override pre- timed phasing and better accommodate occasional vehicle movements . • Continuity of operation during construction • Maintenance program for signals 6 . Perform system optimization using the SYNCHRO Pro traffic signal timing program: Windows-based with graphical user interfaces and the ability to generate AutoCAD drawings from the Map Window. The SYNCHRO model will provide a one-time data entry methodology and automatically create input files for the TRANSYT-7F or PASSER II computer models . Previous work done by OWNER using TRANSYT-7F will be direct readable without re-entering data. Digital files from this work will be submitted to Owner. 7 . Review initial findings with Owner, revise analysis as needed for final optimization. 8 . Prepare detailed traffic signal phasing sheets for each intersection. Submit to Owner for review. 9 . Develop a proposed list of signal controller manufacturers and hardware system specifications . System package specifications will include a suitable quantity of spare parts and maintenance equipment, and on-site training for Owner' s maintenance personnel . 10 . Review the need for street lighting to improve nighttime intersection performance, and arterial performance for Broadway. Submit recommendations to Owner. If desired by Owner to include street lighting in certain areas, layout and spacing for street lighting will follow the recommendations of the Illuminating Engineering Society and MHTD. Cape Girardeau, Missouri A-8 01/24/96 Transportation Program H. Public Involvement Program Public Involvement activities will be facilitated by a public involvement subconsultant to Engineer. The scope of services for Public Involvement can be modified through Supplemental Agreement or Change Order at any time that it is desirable to Owner. The activities specified in this scope of services are the minimum contemplated to achieve the project goals . 1 . Meet with Owner' s Public Involvement specialist to jointly develop a project presentation philosophy, alternatives discussion, and framework for the Public Involvement program. 2 . Owner will be responsible for initial contacts to specific agencies such as utility companies, school districts, railroad companies, pipeline companies, developers, commercial and industrial interests, and others as appropriate to discuss impact of project on their facilities . Engineer will make follow-up contacts and coordinate as appropriate to complete engineering activities . Contacts to Union Electric and SE Missouri Regional Hospital will be made to ensure that lifeline services and special needs for emergency access off Broadway are properly incorporated into the Public Involvement process . 3 Conduct a public outreach program for property owners, businesses, commercial establishments, and residents along the proposed alignments who will be affected by the proposed facilities or by construction activities . Initial notification will be in the form of a newsletter prepared by the Engineer and mailed to the parties by the Owner. This initial mailing will be made by the Owner, with the newsletter inserted in the utility bill to all City residents and business, a total of approx. 14 , 000 addresses . Additional copies will be provided to Owner for distribution through community groups . This scope of services contemplates a printing of 15, 000 copies of this initial newsletter, to include information on all four projects, and it will be printed on 8�"xl4" (legal-size) stock, so that when folded, will fit into a Cape Girardeau, Missouri A-9 01/24/96 Transportation Program standard envelope. This newsletter will be produced and mailed prior to the Public Meetings . Engineer will draft newsletter text and graphics and submit to Owner for review and comment . 4 . Lead three Public Meetings, one each for the Perryville Road, Broadway, and Bloomfield Road projects . Each Public Meeting will be held at an appropriate public facility along each project . Information for the Signal Upgrade Project will be provided in conjunction with the Public Meeting for Broadway, and citizen input invited at that time . Engineer will actively coordinate the preparations for these meetings with Owner. Engineer will prepare the following exhibits and handouts to facilitate each meeting: • Meeting exhibits for use by Owner and Engineer and examination by the citizens . Exhibits will include enlarged copies of drawings and maps from the Preliminary Study, aerial photo exhibits, a graphic illustrating the proposed roadway compared to the existing typical section, and traffic control during construction. Planning for special events will also be included in the exhibits . • Handouts for the Public Meeting, to include project information, contact people, project comment forms, and a request for any special needs of residents and businesses during construction. A total of 500 handouts for each Public Meeting is planned. • Owner is encouraged to provide additional information on the Five-Year Program and also municipal services and departments in general . Engineer will assist in incorporating such information into the Public Meeting materials . 5 . Each Public Meeting will be preceded by direct-delivery of a portion of the 500 handouts (see above) to addresses along each route, within the scope of the project, but not to include side streets . There are estimated to be 50 to 75 addresses along each project that will receive Cape Girardeau, Missouri A-10 01/24/96 Transportation Program direct-delivered copies . Engineer will cooperate with Owner to determine other efficient ways to make the handouts available to residents within the sphere of influence for each project, prior to the Public Meeting. 6 . Document public input and submit to Owner for review and comment. Engineer will cooperate with Owner to identify a solution for each issue raised during the Public Involvement process . 7 . Attend and participate in a pre-construction meeting for each of the three street improvements projects . These meetings will also include participation by the construction contractor. Exhibits from the Public Meetings will be updated and used again to communicate at these meetings . A more detailed scope of services for the pre-construction meetings is included under Phase 3 . Cape Girardeau, Missouri A-11 01/24/96 Transportation Program PHASE 2A. FIELD SURVEYS AND PROPERTY SURVEYS The following field survey and property survey activities apply to the three street improvements projects . Limited field surveys for the Signal Upgrade project is covered under Phase 1, Item G. A. Preliminary and General Items , 1 . Meet with Owner to discuss field work plan for surveying. Visit the sites for a "job walk" with Owner personnel . 2 . Contact utilities for information on the location of their facilities, availability of service, proposed service extensions or improvements, and requirements for connections and interfacing. Special attention will be given to the service needs for SE Missouri Hospital . 3 . Contact local agencies concerning planned or proposed improvements which would affect the project . Secure available information concerning such improvements . 4 . Secure any available drawings or maps from the Owner, and other sources typically used for survey research, which would aid in the design and interfacing of the project . B. Route Surveys and Property Surveys 1 . Provide the services of a registered land surveyor to set horizontal and vertical controls and locate existing street right-of-way and critical property corners along route alignments, and to provide additional records on right-of-way and property information as required. 2 . Conduct engineering surveys to gather topographic and utility information along the alignments . Field surveys will be designed and carried out to facilitate construction of a digital terrain model for use in design. The base mapping will be developed and plotted, then checked in the field to ensure that existing topography has been properly included. After computer modeling verification and quality control checking, the DTM files and survey notes will be submitted to Owner. 3 . Meet with Owner' s staff to review base mapping prior to proceeding to subsequent design activities . Cape Girardeau, Missouri A-12 01/24/96 Transportation Program PHASE 2B. DESIGN, CONSTRUCTION DRAWINGS, SPECIFICATIONS, AND BID DOCUMENTS A. Preliminary and General Items 1 . Participate in informal meetings with the Owner throughout the design phase to review progress and exchange ideas and information. One meeting per month is anticipated. 2 . Prepare and submit monthly progress reports to the Owner. It is intended for the progress reports to be submitted in conjunction with periodic invoices . 3 . Meet with Owner staff, emergency service departments, utilities, and other appropriate entities, as needed to determine requirements for public protection in the contract documents . B. Design Memorandum The following activities will be repeated to produce a design memorandum for each of the four individual improvements projects . 1 . Prepare a detailed design memorandum and preliminary drawings as required to confirm agreement on technical scope, design parameters, performance requirements, and detailed design approach. This document will be directly based on the preliminary study, and will represent approximately the 20o stage of completion of final design. Submit five copies to Owner for review. 2 . Meet with the Owner and secure the Owner' s comments on the design memorandum and preliminary drawings . Resolve any questions, revise documents if necessary, and resubmit five copies to the Owner. 3 . Submit to other agencies as directed by Owner. 4 . Update and distribute the design memorandum if required during the design phase . C. Geotechnical Services 1 . Provide, through a subcontract, geotechnical engineering services including exploratory work, laboratory and field Cape Girardeau, Missouri A-13 01/24/96 Transportation Program testing and professional guidance in tests to be made at test locations based on preliminary drawings and designs and including professional interpretations of exploratory and test data. The services will include : a. Initial geotechnical exploratory work, such as soil borings, penetration tests, soundings, subsurface explorations, laboratory tests of soils, rock formations, and other geophysical phenomena which are required to provide information for design, and all other field and laboratory tests and analyses which are required to provide design information. b. A geotechnical report by a qualified geologist or geotechnical firm interpreting the data on the exploratory work and testing and setting out the site conditions that can be anticipated from this initial exploratory work. 2 . Geotechnical exploratory work is primarily anticipated for the Perryville Koad and Bloomfield Road projects . Engineer' s proposed exploration program and boring locations will be reviewed with Owner prior to any field work. D. Construction Drawings and Specifications 1 . Prepare detailed drawings and specifications for the proposed construction work required. The documents shall be prepared for construction by private contractors on a competitive bid basis . Engineering plans will prepared at a scale agreeable to Owner and suitable to clearly show the work for each particular project _ At present, the following scales are anticipated for the construction plans : Perryville Road 1" = 40' Broadway 1" = 20' Bloomfield Road 1" = 40' Traffic Signal Upgrade 1" = 20' 2 . All construction work, including equipment purchase, will be performed under one contract for each of the four projects . � Cape Girardeau, Missouri A-14 01/24/96 Transportation Program 3 . Prepare an opinion of probable construction cost for the proposed work covered by the drawings and specifications for each contract . 4 . Provide five (5) sets of drawings and specifications to the Owner for review at the following approximate stages : Design Memorandum/Strip Map, R/W Plans, and Final Review. Additional copies of the R/W Plans and Final Review submittals will be made as discussed below. 5 . The Design Memorandum/Strip Map submittal will include: • Typical Sections • Plan and Profile Alignment • Preliminary Cross Sections • Construction Cost Opinion After Engineer and Owner have agreed on the basic typical sections and horizontal and vertical alignment, these elements will be adhered to throughout detailed design. 6 . The R/W Plans submittal will be prepared in general accordance with MHTD guidelines for R/W Plans . Complete right-of-way and easement information will be developed by this stage of design to enable property appraisals and negotiations to begin. The R/w Plans submittal will also be distributed to the utility companies for their review and use. Engineer will coordinate with utility field liaisons to begin development of adjustment and relocation plans . This submittal will include the following: • Title Sheet • Typical Sections • Plan and Profile Drawings � Culvert Profiles • Driveway Profiles • Major Drainage Design Features • Basic Traffic Control Layouts • Cross Sections and Construction Limits • Construction Cost Opinion 7 . The R/W Plans review will also include a R/W Field Check with Owner personnel to discuss and resolve key issues before proceeding, such as : Cape Girardeau, Missouri A-15 O1/24/96 Transportation Program • Traffic control • Drainage improvements • Maintaining property access • Limits of overlay vs . pavement reconstruction • Specialty items as developed • Coordination needs during construction for Owner departments such as police and fire departments, public works, utility services, and community agencies . At Owner' s discretion, utility companies and other agencies will be invited to participate in the Field Check for each project . 8 . The Final Review submittal is intended to be for office review by Owner, utility companies, and others as appropriate. This submittal will facilitate detailed review of the design features and construction details prior to bidding, and will include the following: • Final Title Sheet • Typical Sections • Detailed Plan and Profile Drawings • Major and Minor Drainage System Plans • Detailed Drainage Structure Designs • Traffic Signal Plans and Details (Broadway) • Signing and Marking Plans and Details • Construction Phasing and Traffic Control Plans • Erosion Control Plans • Landscaping Plan • Cross Sections and Final Earthwork • Contract Documents and Specifications • Construction Cost Opinion 9 . Review Owner and other agency comments, and meet with the Owner if needed to discuss review comments, specific issues to be addressed, and resolve any questions . 10 . Submit review copies to Cape Girardeau County Special Maintenance Road District, MHTD, and other agencies as directed by Owner. 11 . After receipt of Owner' s review comments, revise as necessary and hold one utility coordination meeting for each project . The utility coordination meeting will allow the utility companies to report their proposed Cape Girardeau, Missouri A-16 01/24/96 Transportation Program adjustment plans, schedules, and specific needs, to the other utilities, as well as Owner and Engineer. 12 . Upon completion of each stage of the review of drawings and specifications, update the opinion of probable construction cost and revise and expand as required. 13 . Review the construction contract drawings and specifications for completeness, bidability, and constructability. 14 . Prepare bid forms and preliminary ��Invitation to Bid" form. 15 . Provide digital files (AutoCAD Ver. 12) of the final drawings to Owner. Cape Girardeau, Missouri A-17 01/24/96 Transportation Program PHASE 2C. RIGHTS-OF-WAY AND EASEMENTS NEGOTIATION AND ACQUISITION A. Determine tentative permanent and temporary construction easement needs along the alternative alignments . Review these needs with Owner' s staff . Following completion of the Preliminary Study and concurrence on the final alignment, determine specific right-of-way and easement requirements . B. Provide the services of a title company to prepare title reports on each parcel of property on which takings or easements are required. C. Provide the services of a registered land surveyor to prepare plats and legal descriptions for actual acquiring of the required right-of-way and easements . D. Provide a qualified appraiser to appraise rights-of-way and easements to be acquired by fee title. E. Provide the services of a qualified R/W Negotiator to meet and negotiate with the property owners involved. F. Provide the services of a registered land surveyor to prepare documentation on parcels for condemnation proceedings, if required. Owner will be responsible for completing the condemnation process on any parcels so affected. G. Relocation of families or businesses is not anticipated for any of the projects, and services for relocation or demolition of major structures are not included in the scope of this contract . Cape Girardeau, Missouri A-18 01;24/96 Transportation Program PHASE 3 BIDDING ASSISTANCE SERVICES, CONSTRUCTION PHASE SERVICES, AND RESIDENT SERVICES A. Bidding Assistance Services l . Coordinate bid letting date, time, and place with Owner and prepare final Invitation to Bid. 2 . Assist and advise Owner in placing the advertisements of the Invitation to Bid. Engineer will follow Owner' s DBE Involvement Plan in developing and advertising the Invitation to Bid. 3 . Identify potential contractors and suppliers, and distribute copies of Invitation to Bid. Maintain a record of prospective bidders and suppliers to whom drawings or specifications have been issued. 4 . Provide Owner up to 30 sets of construction contract drawings and specifications for bidding purposes _ Owner to provide plan room services as follows : • Distribute construction contract drawings and specifications to prospective bidders . • Distribute plan holders' list to recipients of drawings and specifications prior to bid opening. • Receive deposits for construction contract drawings and specifications . 5 . Provide up to five (5) additional, complete sets of the construction contract drawings and specifications to the successful bidder. 6 . Conduct, at a date and time selected and a place provided by the Owner, a prebid conference to: a. Instruct prospective bidders and suppliers as to the types of information required by the contract documents and the format in which bids should be presented. b. Review special project requirements and contract documents in general . 7 . Interpret construction drawings and specifications, and provide written responses to questions from bidders Cape Girardeau, Missouri A-19 01/24/96 Transportation Program requiring clarification during the bidding period. Prepare and issue addenda to the construction contract documents when required. For budget purposes, it is assumed that two (2) addenda will be prepared for each construction contract . 8 . Assist Owner during bid opening. Answer questions during bid opening, make preliminary tabulation of bids, and review questionnaires and bids f_or completeness . 9 . Review and evaluate the qualifications of the apparent successful bidder and the proposed major or specialty subcontractors . The review and evaluation will include such factors as work previously completed, whether adequate equipment is available to complete the work properly and expeditiously, financial resources, and technical experience. 10 . Prepare and distribute formal bid tabulation sheets, evaluate bids, and make written recommendations to the Owner concerning contract award. 11 . Prepare and distribute conforming copies of the construction contract documents . These services will include review of contractor' s bonds, furnishing the Contractor unsigned construction contract documents, and transmitting the construction contract documents to the Owner for signature and distribution. B. Construction Phase Services The Engineer will perform contract administration services during the construction phase of each project . By performing these services, the Engineer shall not have authority or responsibility to supervise, direct, or control Contractor' s work or Contractor' s means, methods, techniques, sequences, or procedures of construction. The Engineer shall not have authority or responsibility for safety precautions and programs incident to Contractor' s work or for any failure of Contractor to comply with laws, regulations, rules, ordinances, codes or order applicable to Contractor furnishing and performing the work. The Engineer will immediately notify Contractor when a public safety issue needs attention, Contractor shall be responsible to address the matter. Cape Girardeau, Missouri A-2 0 01/24/96 Transportation Program Specific services to be performed by Engineer are as follows : 1 . Review Contractor' s insurance certificates and forward the certificates to the Owner for acceptance by the Owner' s legal counsel . The Engineer' s review of the insurance certificates is only for the purpose of determining if the Contractor maintains the general types and amounts of insurance required by the specifications, and is not a legal review to determine if the Contractor' s insurance coverage complies with all applicable requirements . 2 . As an extension of the public information program, set up a public notification procedure relating to specific construction activities . This work will consist of notifying the public directly affected by the construction activities of the proposed schedule and special provisions in writing. (If provided, the Resident Project Representative will assist in this effort . ) Engineer will proactively partner with Contractor and Owner to establish specific activities to minimize inconvenience to citizens and businesses during construction. A specific plan to maintain emergency access to SE Missouri Hospital during construction will be developed and implemented. This will also include partnering with Owner' s police department to keep officers informed of the work in progress and arrange for police support in traffic management or special services when needed. 3 . At a date and time selected by the Owner and at a facility provided by the Owner, conduct a preconstruction conference . Engineer shall prepare an agenda for the conference and prepare and distribute minutes. The preconstruction conference will include a discussion of the Contractor' s tentative schedules, procedures for transmittal and review of the Contractor' s submittals, processing payment applications, critical work sequencing, change orders, record documents, and Contractor' s responsibilities for safety and first aid. 4 . Review and comment on the Contractor' s initial and updated construction schedule and advise the Owner as to acceptability. Cape Girardeau, Missouri A-21 01/24/96 Transportation Program 5 . Review the Contractor' s initial and updated schedule of estimated monthly payments and advise the Owner as to acceptability. 6 . Make periodic visits to the construction site to observe progress of the work and consult with the Owner and Contractor concerning problems and/or progress of the work. A total of 6 visits is anticipated for each project . 7 . Review drawings and other data submitted by the Contractor as required by the construction contract documents . The Engineer' s review shall be for general conformitv to the construction contract drawings and specifications for the project and shall not relieve the Contractor of any of his contractual responsi- bilities . Such reviews shall not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. 8 . Receive and review guarantees, bonds, certificates of inspection, tests, and approvals which are to be assembled by the Contractor (s) in accordance with the construction contract documents and transmit them to the Owner. 9 . Interpret construction contract drawings when requested by the Owner or Contractor. If authorized by the Contractor, the Engineer may interpret construction contract drawings and specifications upon request by subcontractors and suppliers . 10 . Review and process the Contractor' s monthly payment requests, and forward to the Owner if applicable . The Engineer' s review shall be for the purpose of making a full independent mathematical check of the Contractor' s payment request . Unless otherwise requested, Owner is responsible for verifying the quantities of work which are the basis of the payment request . 11 . Provide documentation for the processing of change orders . Owner to administer the processing of change orders, including applications for extensions of construction time, unless Engineer is authorized to do so as a supplemental service. Cape Girardeau, Missouri A-22 O1/24/96 Transportation Program 12 . Upon completion of the project, revise the construction contract drawings to conform to the construction records . Submit copies of the mylars and digital files to the Owner. 13 . Act as initial arbiter on all claims of Owner and Contractor relating to the acceptability of the work or the interpretation of the requirements of the construction contract documents pertaining to the execution and progress of the work_ 14 . Evaluate and report on tests and test analyses of equipment and materials, including concrete, pipe, soil, soil compaction tests, asphalt, and any other work items that may be required by the specifications and good construction practice. Testing laboratory to be provided by Owner. 15 . Upon substantial completion, inspect the construction work and prepare a listing of those items to be completed or corrected before final completion of the project . Submit results of the inspection to the Owner and Contractor. 16 . Upon completion or correction of the items of work on the punch list, conduct a final inspection to determine if the work is completed. Provide written recommendations concerning final payment to the Owner, including a list of items, if any, to be completed prior to the making of such payment . C. Resident Services During Construction As requested by Owner for each project, Engineer will furnish a full-time or part-time Resident Project Representative as may be required on the work. The Resident Project Representative will observe the Contractor' s work and perform the services listed below. The Resident Project Representative shall not have responsibility for the superintendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operations, equipment, or personnel other than employees of the Engineer. The Resident Project Representative will immediately notify the Contractor when he observes safety issues that need to be addressed; however, Cape Girardeau, Missouri A-23 01/24/96 Transportation Program this service will in no way relieve the Contractor of complete supervision of the work or the Contractor' s obligation for complete compliance with the drawings and specifications . The Contractor shall have sole responsibility for safety and for maintaining safe practices and avoiding unsafe practices or conditions . Specific services available to Owner that would be performed by the Resident Project Representative are as follows : 1 . Site Observations and Liaison with Owner and Contractor (s) a. Conduct onsite observations of the general progress of the work to assist the Engineer in determining if the work is proceeding in accordance with the construction contract documents . b. Obtain photographs or video tapes of the construction site prior to the start of the construction to assist in defining the original condition of existing physical features, including but not limited to pavement, curb and gutter, lawns, shrubs, trees, ditches, fences, sidewalks, buildings, and structures that are located adjacent to the limits of construction. c. Serve as the Engineer' s liaison with the Contractor, working principally through the Contractor' s superintendent, and assist the Engineer in providing interpretation of the construction contract documents . Transmit the Engineer' s clarifications and interpretations of the construction contract documents to the Contractor. d. Assist the Engineer in serving as the Owner' s liaison with Contractor when Contractor' s operations affect Owner' s onsite operation. e . As requested by the Engineer, assist in obtaining from the Owner additional details or information when required at the jobsite for proper execution of the work. f . Consult with the Owner and the Contractor, giving Cape Girardeau, Missouri A-24 01/24/96 Transportation Program opinions and suggestions based on his (Resident Project Representative' s) observations regarding defects or deficiencies in the Contractor' s work and relating to compliance with drawings, specifications, and design concepts . g. Advise the Engineer and Contractor or its superintendent immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been accepted by the Engineer. h. Monitor changes of apparent integrity of the site (such as subsurface conditions, existing structures, and site-related utilities when such utilities are exposed) resulting from construction related activities . i . Observe pertinent site conditions, when the Contractor maintains that differing site conditions have been encountered, and document actual site conditions . Review and analysis of Contractor claims for differing site conditions are supplemental services . j . Review Contractors' construction sequence and traffic control plans . k. Contact utilities in the general construction area and advise them of the Contractor' s schedule . Assist in coordinating scheduling of utility activities so as to minimize conflicts with construction progress . l . Provide necessary surveying to re-establish precon- struction grades and referencing and reestablishing land surveying movements . In easement areas, mark the easement limits . m. Visually inspect materials, equipment, and supplies delivered to the worksite. Reject materials, equipment, and supplies which do not conform to the construction contract documents . n. Coordinate onsite materials testing services during construction. Copies of testing results will be Cape Girardeau, Missouri A-2 5 O1/24/96 Transportation Program forwarded to the Owner for review and information. o. Observe field tests of equipment, structures and piping, and review the resulting reports, commenting to the Owner as appropriate . 2 . Outside Liaison and Public Relations Services . a. Accompany visiting inspectors representing public or other agencies having jurisdiction over the project . Record the results of these inspections and report to the Engineer. b. Provide personnel to maintain a phone or written communication system for timely handling and resolution of the construction related complaints or inquiries . c . Provide services in connection with the public information program, carrying out notification procedures during construction by contracting individual property owners as appropriate. 3 . Meetings, Reports, and Documents Review and Maintenance a. Attend the preconstruction conference, and assist the Engineer in explaining administrative procedures which will be followed during construction. b. Prepare for and attend monthly progress meetings, and other meetings when necessary, with the Owner and Contractor to review and discuss construction procedures and progress scheduling, engineering management procedures, and other matters concerning the project . c. Submit to the Owner weekly construction progress reports containing a summary of the Contractor' s progress, general conditions of the work, problems, and resolutions or proposed resolutions of problems . d. Review the progress schedule, schedule of shop drawings submissions, and schedule of values prepared by Contractor and consult with the Cape Girardeau, Missouri A-26 01/24/96 Transportation Program Engineer concerning their acceptability. e. Report to the Engineer whenever work is known to be defective, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to tests or approval required to be made or has been damaged prior to final payment, and advise the Engineer when the work should be corrected or rejected or should be uncovered for observation, or required special testing, inspection, or approval . f . Review applications for payment with the Contractor for compliance with the established procedure for their submission and forward them with recommendations to the Engineer, noting particu- larly their relation to the schedule of values, work completed, and materials and equipment delivered to the site but not incorporated into the work. g. Receive and record date of receipt of shop drawings and samples which are furnished at the site by the Contractor, and notify the Engineer of their availability for examination. h. During course of the work, verify that certificates and other data required to be assembled and furnished by the Contractor are applicable to the items actually installed; and deliver this material to the Engineer for his review and forwarding to the Owner prior to final acceptance of the work. i . Receive and review all certified payrolls submitted by Contractors and submit payrolls to the Owner. j . Maintain a marked set of record drawings and specifications at the jobsite based on data provided by the Contractor. This information will be combined with information maintained by the Contractor and a master set of record documents produced. k. Review certificates of inspections, test reports, and related approvals, submitted by the Contractor in compliance with required by laws, rules, Cape Girardeau, Missouri A-27 01/24/96 Transportation Program regulations, ordinances, codes, orders, or the contract documents (but only to determine that their content complies with the requirements of, and the results certified indicate compliance with the construction contract documents) . This service is limited to a review of items submitted by the Contractor and does not extend to a determination of whether the Contractor has complied with all legal requirements . l . Maintain the following documents at the jobsite. l . ) Correspondence files . 2 . ) Reports of job conferences, meetings and discussions among the Engineer, Owner, and Contractor. 3 . ) Shop drawings and samples submissions . 4 . ) Reproductions of original construction contract documents . 5 . ) Addenda. 6 . ) Change orders . 7 . ) Field orders . 8 . ) Additional drawings issued subsequent to execution of the construction contract documents . 9 . ) Engineer' s clarifications and interpretations of the construction contract documents . 10 . ) Progress reports . 11 . ) Names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment . m. Maintain a daily diary or log book of events occurring at the jobsite, including the following information: 1 . ) Contractor' s hours on the jobsite . 2 . ) Contractor and subcontractor personnel on the jobsite. 3 . ) Construction equipment on the jobsite and hours of use . 4 . ) Observed delays and causes . 5 . ) Weather conditions . 6 . ) Data relative to questions of extras or deductions . 7 . ) List of visitors . Cape Girardeau, Missouri A-28 01/24/96 Transportation Program 8 . ) Daily activities . 9 . ) Decisions . 10 . ) Observations connected with the progress of the work. 11 . ) Materials received on the jobsite . The diary or log book shall remain the property of the Engineer. 4 . Assistance in Certification of Substantial Completion a. Before the Engineer issues a Certificate of Substantial Completion, submit to the Contractor a list of observed items requiring completion or correction. b. Assist the Engineer in conducting final inspection in the company of the Owner and Contractor, and prepare a final list of items to be completed or corrected. c. Verify that all items on the final list have been completed or corrected and make recommendations to the Engineer concerning acceptance. d. Obtain photographs or videotapes of the construction site after completion of construction. Cape Girardeau, Missouri A-29 01/24/96 Transportation Program , PHASE 4 . SUPPLEMENTAL SERVICES Any work requested by the Owner that is not included in one of the items listed in another phase will be classified as supplemental services . Supplemental services include but are not limited to: A. Additional meetings with local, state or federal agencies to discuss the project . B . Additional appearances at public hearings or before special boards . C. Supplemental engineering work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this agreement . D. Special consultants or independent professional associates requested or authorized by Owner. E. Assistance with bid protests and rebidding, preparation for litigation, arbitration or other legal or administrative proceedings, and appearances in court or at arbitration sessions . F. Additions to an engineering report to update or revise original, accepted, recommendations . G. Providing engineering assistance to the Owner in condemnation proceedings beyond that identified. H. Provision of an environmental assessment report or environmental impact statement as requested by the Owner or required by review agencies. I . Provision, through a subcontract, of an archaeological study and report on the construction site (s) . J. Provision, through a subcontract, of archaeological consultations regarding artifacts that may be uncovered during construction. K. Provision, through a subcontract, of laboratory and field testing required during construction and any special reports or studies on materials and equipment requested by the Owner. Cape Girardeau, Missouri A-30 01/24/96 Transportation Program L. Provision of support services in connection with additional public involvement activity beyond that defined in Phases 1 and 3 . M. Assistance in the closing of any financial or related transaction for the project . N. Where field conditions are encountered which differ from the conditions shown on the construction contract documents or soil borings, or as otherwise required, preparation of sketches of construction work for approval by the Owner, to supplement the drawings and specifications as may be required. Provide redesign or relocation information if requested by underground obstruction, utilities or other conditions . O. Services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages . P. Additional or extended services during construction made necessary by (1) work damaged during construction, (2) a significant amount of defective or neglected work of any Contractor, (3) acceleration of the process schedule involving service beyond normal working hours, (4) default by any Contractor and (5) failure of the Contractor to complete the work within the contract time . Q. Evaluation of unusually complex claims or an unreasonable or extensive number of claims submitted by Contractor or others in connection with the work. R. Changes in the general scope, extent or character of the project or its design including, but not limited to, changes in size, complexity, Owner' s schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or construction contract documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents or designs, or are due to any other causes beyond the Engineer' s control . [End of Attachment A) Cape Girardeau, Missouri A-31 01/24/96 Transportation Program Attachment B ATTACHMENT B TO AGREEMENT FOR ENGINEERING SERVICES FOR CITY OF CAPE GIRARDEAU, MISSOURI TRANSPORTATION IMPROVEMENTS PROGRAM COMPENSATION Owner: City of Cape Girardeau, Missouri Project: Transportation Improvements Program For the services covered by this Agreement, the Owner agrees to pay the Engineer as follows : A. For Phase 1 Services (Initial Investigations and Preliminary Study) , 2A Services (Field Surveys and Property Surveys) , and 2B Services (Design, Construction Drawings, Specifications, and Bid Documents) , an amount equal to the Engineer' s salary costs times 2 . 95 plus reimbursable expenses at cost and plus subcontract billings times 1 . 05 . The maximum amount to be billed for these services shall not exceed $355, 000 . 00 without further authorization. B. For Phase 1, 2A, and 2B Services pertaining solely to the Traffic Signal Upgrade Project (not to include street improvements covered under the Broadway Project) , an amount equal to the Engineer' s salary costs times 2 . 95 plus reimbursable expenses at cost and plus subcontract billings times 1 . 05 . The maximum amount to be billed for these services shall not exceed $60, 000 . 00 without further authorization. C. For Phase 2C Services (Rights-of-Way and Easement Negotiation and Acquisition) , an amount equal to $750 . 00 per parcel for easement negotiation and acquisition and $1, 350 . 00 per parcel for new right-of-way negotiation and acquisition. For budgeting purposes, it is estimated that a total of 66 easement parcels and 30 right-of-way parcels will be required for the total project, as currently defined, resulting in a total estimated amount of $90, 000 . 00 . D. For Phase 3 Services (Bidding Assistance, Construction Phase Services, and Resident Services) , an amount to be determined after the scope of the work is better defined for each project . Cape Girardeau, Missouri B-1 O1/22l96 Transportation Program E. For Phase 4 Services (Supplemental Services) , an amount equal to the Engineer' s salary costs times 2 . 95 plus reimbursable expenses at cost and plus subcontract billings times 1 . 05 . Each item of Supplemental Services shall be specifically authorized by the Owner, and a maximum billing limit shall be established before the work is started. The amount billed for each item of Supplemental Services shall not exceed the amount established for it without further authorization. F. The following expenses are reimbursable under salary multiplier work items : 1 . Travel, subsistence, and incidental costs . 2 . Use of motor vehicles on a monthly rental basis for assigned vehicles and on a mileage basis for vehicles uses for short periods . Mileage basis shall be 30 cents per mile. 3 . Moving costs to project for full-time onsite personnel . 4 . Long distance telephone costs and project "onsite" telephone costs . 5 . Reproduction of reports, drawings, and specifications . 6 . Postage and shipping charges for project-related materials . 7 . CAD-related expenses . (Note : Computer-related expenses other than CAD are specifically excluded. ) 8 . Rental charges for use of equipment, including equipment owned by the Engineer. 9 . Cost of acquiring any other materials or services specifically for and applicable to only this project . 10 . Subcontract costs including those for soils and geotechnical investigations and reports, testing laboratory services, surveying and mapping services, assistant engineers, public involvement specialists, right-of-way negotiators, and other subcontract services as may be required for the project . 11 . Charges for special consultants requested or authorized by the Owner. 12 . Special insurance coverage required by the Owner, including the cost of naming the Owner as an additional insured. Cape Girardeau, Missouri B-2 01/22/96 Transportation Program 13 . Local taxes or fees applicable to the engineering work or payments therefor. 14 . Charges for review of drawings and specifications by government agencies, if any. G. Periodic payments shall be made to the Engineer by the Owner based on the Engineer' s statement . The statement shall be itemized to indicate the amount of work performed and the associated reimbursable expenses and subcontract costs . H. The entire amount of each statement shall be due and payable upon receipt by the Owner. Carrying charges of 1-1/2 percent per month from the billing date, shall be due for accounts which are not paid within 60 days after the billing date . I . It is understood and agreed that the maximum billing amount for the Phase 1, 2A and 2B Services is based on the start of those services being authorized not later than March 1, 1996 . J. It is understood and agreed that if the project, after being started in any phase, is stopped in that phase for the Owner' s convenience for more than 60 calendar days, Engineer may reassign project team members to other work. If the team is disbanded and the work is restarted at a later date, then the Owner will pay the Engineer a restart fee equal to 10 percent of the original maximum billing limit for that phase. All payments for project suspension and restart will be in addition to the original maximum billing limit . K. It is understood and agreed that the Engineer shall start the performance of Phase 1, 2A, 2B and 2C Services within ten calendar days of receipt of Notice to Proceed. It is understood that Notice to Proceed for Phase 2B will be issued upon completion of Phases 1 and 2A, and Notice to Proceed for Phase 2C will be issued upon completion of the R/W Plans (within Phase 2B) . The services provided under this contract will be completed within the following number of calendar days following Notice to Proceed for a particular phase . The times for Phase 1 exclude the actual convening of the Public Meetings, which will be scheduled for a mutually agreeable time with Owner. Cape Girardeau, Missouri B-3 01/22/96 Transportation Program Owner and Engineer agree that formal review periods for Owner and other agencies shall not count toward the contract times indicated below for Phase 2B Services . Moreover, condemnation proceedings, if necessary, are not considered in the times indicated below for Phase 2C Services . The completion schedule for Phase 3 Services is to be mutually agreed upon by Owner and Engineer prior to beginning services under that phase. Completion Perrvville Road Schedule�l' Phase 1 - Initial Investigations 60 days and Preliminary Study Phase 2A - Field Surveys and Property Surveys 60 days Phase 2B - Design, Drawings and Documents 150 days Phase 2C - Rights-of-Way and Easements 210 days Negotiation and Acquisition Target Date for Bid Advertisement : August 1, 1996�z� Broadwav (Survey and design Clark Ave. to West End Blvd. ; R/W and construction from Clark Ave. to Perry Ave . ) Phase 1 - Initial Investigations 75 days and Preliminary Study Phase 2A - Field Surveys and Property Surveys 90 days Phase 2B - Design, Drawings and Documents 180 days (Clark Ave. to West End Blvd. ) Phase 2C - Rights-of-Way and Easements 300 days Negotiation and Acquisition (Clark Ave. to Perry Ave. ) Target Date for Bid Advertisement : January 15, 1997�Z� Bloomfield Road Phase 1 - Initial Investigations 60 days and Preliminary Study Phase 2A - Field Surveys and Property Surveys 60 days Phase 2B - Design, Drawings and Documents 150 days Phase 2C - Rights-of-Way and Easements 210 days Negotiation and Acquisition Target Date for Bid Advertisement : October l, 1996�2� Cape Girardeau, Missouri B-4 01/22/96 Transportation Program Traffic SiQnal U�qrade Phase 1 - Initial Investigations 75 days and Preliminary Study Phase 2A - Field Surveys and Property Surveys 60 days Phase 2B - Design, Drawings and Documents 90 days Phase 2C - Rights-of-Way and Easements n/a Negotiation and Acquisition Target Date for Bid Advertisement : August 15, 1996'2' �1' Number of calendar days following Notice to Proceed for each phase of the work. �2� Assuming Project Notice to Proceed is given the week of February 5, 1996 . L. Engineer shall keep records of costs and expenses on the basis of generally accepted accounting practices. Those records shall be available for inspection at Engineer' s headquarters during normal business hours . [End of Attachment B] Cape Girardeau, Missouri B-5 01/22/96 Transportation Program Attac h m e n t C Attac h m e n t C ATTACHMENT C TO AGREEMENT FOR ENGINEERING SERVICES FOR CITY OF CAPE GIRARDEAU, MISSOURI TRANSPORTATION IMPROVEMENTS PROGRAM OWNER'S RESPONSIBILITIES Owner: City of Cape Girardeau, Missouri Project: Transportation Improvements Program The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items : A. All maps, drawings, reports, records, audits, annual reports, and other data that are available in the files of the Owner and which may be useful in the work involved under this contract . B. Access to public and private property when required in performance of the Engineer' s services . C. The services of at least one of the Owner' s employees or staff who has the right of access to, and who has knowledge of, the existing streets and traffic signal equipment . D. Releases to the news media concerning public hearings, prebid conferences, preconstruction conferences, and the time and location of anticipated street closings or partial closings . E. Hall or auditorium space for public hearings, prebid conferences, and preconstruction conferences and the audio equipment and projection equipment required for such hearings and conferences . F. Legal advertisement of project letting or bid date and such other publications of the "Invitation to Bid" as desired by the Owner. G. Royalties and fees for patented processes used in the work, except those required to be paid by construction contractors as part of the construction contract. Cape Girardeau, Missouri C-1 01/22/96 Transportation Program H. Shop, mill, or laboratory inspection of materials, laboratory and field testing, and field sampling services . I . All legal and other related activities to carry out condemnation proceedings on any parcels that must be condemned_ J. Fees, expenses, negotiated settlements, and other costs associated with the actual closing of an agreement and compensation to a property owner for the purchase of right-of-way or easements . K. Securing all necessary permits except for those specifically identified to be secured by the construction contractor. L. Initial contacts with specific agencies such as utility companies, SE Missouri Hospital, school district, railroad companies, pipeline companies, developers, commercial and industrial interests, and other as appropriate to discuss the impact of the project on their facilities, as part of the Public Involvement Program. (Note: Engineer will make follow-up contacts and coordinate additional activities, as appropriate. ) M. Distribution of documents, as appropriate, to all reviewing or regulatory agencies for the purpose of acquiring approvals or , permits . [End of Attachment C] Cape Girardeau, Missouri C-2 01/22/96 Transportation Program � • f AGREEMENT FOR ENGINEERING SERVICES FOR CITY OF CAPE GIRARDEAU, MISSOURI TRANSPORTATION IMPROVEMENTS PROGRAM Owner: City of Cape Girardeau, Missouri Project: Transportation Improvements Program TABLE OF CONTENTS Section paqes AGREEMENT FOR ENGINEERING SERVICES 1 to 8 ATTACHMENT A - SCOPE OF SERVICES A-1 to A-31 PHASE 1 Initial Investigations and A-2 Preliminary Study PHASE 2A Field Surveys and Property Surveys A-12 PHASE 2B Design, Construction Drawings, A-13 Specifications, and Bid Documents PHASE 2C Rights-of-Way and Easements A-18 Negotiation and Acquisition PHASE 3 Bidding Assistance, Construction Phase A-19 Services, and Resident Services PHASE 4 Supplemental Services A-30 ATTACHMENT B - COMPENSATION B-1 to B-5 ATTACHMENT C - OWNER' S RESPONSIBILITIES C-1 to C-2 Cape Girardeau, Missouri -i- 01/24l96 Transportation Program , t AGREEMENT ' FOR ENGINEERING SERVICES THIS AGREEMENT, between the City of Cape Girardeau (Owner) and Black & Veatch (Engineer) ; W I T N E S S E T H : WHEREAS, Owner intends to construct improvements to its system of roads and streets as part of its 5-year Transportation Improvements Program (the Project) ; and, WHEREAS, Owner requires surveys, preliminary studies, design engineering, public involvement, right-of-way and easement acquisition, bidding assistance, construction phase services, and resident engineering services in connection with the Project (the Services) ; and, WHEREAS, Engineer is prepared to provide the Services; NOW THEREFORE, in consideration of the promises contained in this Agreement, Owner and Engineer agree as follows : ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be � ARTICLE 2 - GOVERNING LAW This Agreement shall be governed by the laws of the state of Missouri. ARTICLE 3 - SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Services described in Attachment A, Scope of Services. ARTICLE 4 - COMPENSATION Owner shall pay Engineer in accordance with Attachment B, Compensation. Cape Girardeau, Missouri Page 1 of 8 O1/22/96 Transportation Program . � RRTICLE 5 - OWNER'S RESPONSIBILITIES Owner • shall be responsible for all matters described in Attachment C, Owner' s Responsibilities . ARTICLE 6 - STANDARD OF CARE Engineer shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. No other warranty, express or implied, is included in this Agreement or in any drawing, specification, report, or opinion produced pursuant to this Agreement. ARTICLE 7 - LIABILITY AND INDEMNIFICATION 7 . 1 General. Having considered the potential liabilities that may exist during the performance of the Services, the benefits of the Project, and the Engineer's fee for the Services, and in consideration of the promises contained in this Agreement, Owner and Engineer agree to allocate and limit such liabilities in accordance with this Article. 7 .2 Indemnification. Engineer and Owner each agrees to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Engineer and Owner, they shall be borne by each party in proportion to its own negligence. 7 .3 Emplovee Claims . Engineer shall indemnify Owner against legal liability for damages arising out of claims by Engineer' s employees. Owner shall indemnify Engineer against legal liability for damages arising out of claims by Owner' s employees. 7 .4 Conseauential Damaqes. To the fullest extent permitted by law, Engineer shall not be liable to Owner for any special, indirect, or consequential damages resulting in any way from the performance of the Services . Cape Girardeau, Missouri Pdge 2 of 8 01/22/96 Transportation Program . , 7 .5 Survival. Upon completion of all Services, obligations, and duties provided for in this Agreement, or if this Agreement is terminated for any reason, the terms and conditions of this Article shall survive. ARTICLE 8 - INSURANCE During the performance of the Services under this Agreement, Engineer shall maintain the following insurance: ( 1) General Liability Insurance, with a combined single limit of $1, 000, 000 for each occurrence and $1 , 000, 000 in the aggregate. (2 ) Automobile Liability Insurance, with a combined single limit of $1, 000, 000 for each person and $1, 000, 000 for each accident. (3 ) Workers' Compensation Insurance in accordance with statutory requirements and Employers ' Liability Insurance, with a limit of $500, 000 for each occurrence. (4 ) Professional Liability Insurance, with a limit of $1, 000, 000 annual aggregate. Engineer shall, upon written request, furnish Owner certificates of insurance which shall include a provision that such insurance shall not be canceled without at least thirty days ' written notice to Owner. All Project contractors shall be required to include Owner and Engineer as additional insureds on their General Liability insurance policies, and shall be required to indemnify Owner and Engineer to the same extent. Engineer and Owner waive all rights against each other and their directors, officers, partners, commissioners, officials, agents, and employees for damages covered by property insurance durinq and after the completion of the Services. If the Services result in a construction phase of the project, a similar provision shall be incorporated into all construction phase contracts entered Cape Girardeau, Missouri Page 3 of 8 01/22/96 Transportation Program 1 into by Owner and shall protect Owner and Engineer to the same extent. ARTICLE 9 - LIMITATIONS OF RESPONSIBILITY Engineer shall not be responsible for: ( 1 ) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project; (2 ) the failure of any contractor, subcontractor, vendor, or other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to the Owner or to comply with federal, state, or local laws, regulations, and codes; or (3 ) procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A, Scope of Services . ARTICLE 10 - OPINIONS OF COST AND SCHEDULE Since Engineer has no control over the cost of labor, materials, or equipment furnished by others, or over the resources provided by others to meet Project schedules, Engineer' s opinion of probable costs and of Project schedules shall be made on the basis of experience and qualifications as a professional engineer. Engineer does not guarantee that proposals, bids, or actual Project costs will not vary from Engineer' s cost estimates or that actual schedules will not vary from Engineer' s projected schedules . ARTICLE 11 - REUSE OF DOCUMENTS All documents, including, but not limited to, drawings, specifications, and computer software prepared by Enqineer pursuant to this Agreement are instruments of service in respect to the Project. They are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without prior written verification or adaptation by Engineer for the specific purpose intended will be at Owner' s sole risk and without liability or legal exposure to Engineer. Owner shall defend, indemnify, and hold harmless Engineer against all claims, losses, damages, injuries, and expenses, including attorneys ' fees, arising out of or resulting from such reuse. Any verification or adaptation of Cape Girardeau, Missouri Page 4 of 8 01/22/96 Transportation Program documents will entitle Engineer to additional compensation at rates .to be agreed upon by Owner and Engineer. ARTICLE 12- OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Except as otherwise provided herein, engineering documents, drawings, and specifications prepared by Engineer as part of the Services shall become the property of Owner, provided, however, that Engineer shall have the unrestricted right to their use. Engineer shall retain its rights in its standard drawing details, specifications, data bases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Engineer. ARTICLE 13 - TERMINATION This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The nonperforming party shall have fifteen calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the other party. Owner may terminate or suspend performance of this Agreement for Owner's convenience upon written notice to Engineer. Engineer shall terminate or suspend performance of the Services on a schedule acceptable to Owner. If termination or suspension is for Owner's convenience, Owner shall pay Engineer for all the Services performed and termination or suspension expenses . Upon restart, an equitable adjustment shall be made to Engineer's compensation. ARTICLE 14 - DELAY IN PERFORMANCE Neither Owner nor Engineer shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; Cape Girardeau, Missouri Page 5 of 8 01/22/96 Transportation Program , sabotage; judicial restraint; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either Owner or Engineer under this Agreement. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. ARTICLE 15 - COMMUNICATIONS Any communication required by this Agreement shall be made in writing to the address specified below: Engineer: Steve Phillips Black & Veatch 8400 ward Parkway P.O. Box 8405 Kansas City, Missouri 64114 Owner: Mike Miller City Manager City Hall 401 Independence Street P.O. Box 617 Cape Girardeau, Missouri 63702 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Engineer and Owner. ARTICLE 16 - WAIVER A waiver by either Owner or Engineer of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party' s rights with respect to any other or further breach. ARTICLE 17 - SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or Cape Girardeau, Missouri Page 6 of 8 01/22/96 Transportation Program , provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. ARTICLE 18 — INTEGRATION This Agreement represents the entire and integrated agreement between Owner and Engineer. It supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written, relating to the subject matter of this Agreement. ARTICLE 19 - SUCCESSORS AND ASSIGNS Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators, assigns, and legal representatives to the other party to this Agreement and to the directors, officers, partners, successors, executors, administrators, assigns, and legal representatives of such other party in respect to all provisions of this Agreement. ARTICLE 20 - ASSIGNMENT Neither Owner nor Engineer shall assign any rights or duties under this Agreement without the prior written consent of the other party. Unless otherwise stated in the written consent to an assignment, no assignment will release or discharge the assignor from any obligation under this Agreement. Nothing contained in this Article shall prevent Engineer from employing independent consultants, associates, and subcontractors to assist in the performance of the Services . ARTICLE 21 - THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and Engineer. Cape Girardeau, Missouri Page 7 of 8 01/22/96 Transportation Program , IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement. �NER ENGINEER / City of'Cape Girardeau, uri B1ack & Veatch - r � � _ � B - gy � / r _ Y � Mike Miller John R. McNitt City Manager Partner ,/' � , ` �� / � Date: � ������� Date: Cape Girardeau, Missouri Page 8 of 8 O1/22/96 Transportation Program � ATTACHMENT A ' TO AGREEMENT FOR ENGINEERING SERVICES FOR CITY OF CAPE GIRARDEAU, MISSOURI TRANSPORTATION IMPROVEMENTS PROGRAM SCOPE OF SERVICES Owner: City of Cape Girardeau, Missouri Project: Transportation Improvements Program The scope of services for this project includes surveying, preliminary studies, design engineering, public involvement, right- of-way and easement acquisition, bidding assistance, construction phase services, and resident engineering services for four individual improvements projects: • Perryville Road ( limits of existing concrete north of Meyer Drive to the City Limits) • Broadway (design from Clark Ave to West End Blvd. , construction from Clark Ave. to Perry Ave. ) • Bloomfield Road (west of Kingshighway to Siemers Drive, not including the I-55 bridge) . • Traffic Signal Upgrade ( 11 intersections along Broadway, Sprigg Street, and Independence Street) This scope of services applies in general to the three street improvements projects and in certain areas to the signal upgrade work. The scope of services is described in more detail herein, under the following major phases: PHASE 1 Initial Investigations and Preliminary Study PHASE 2A Field Surveys and Property Surveys PHASE 2B Design, Construction Drawings, Specifications, and Bid Documents PHASE 2C Rights-of-Way and Easements Negotiation and Acquisition PHASE 3 Bidding Assistance, Construction Phase Services, and Resident Services PHASE 4 Supplemental Services Cape Girardeau, Missouri A-1 01/24/96 Transportation Program PHASE 1 . INITIAL INVESTIGATIONS AND PRELIMINARY STUDY Engineer will conduct a Preliminary Study for each of the four projects. Final design and document preparation will not begin until after the Preliminary Study is completed for a particular project and Notice to Proceed issued by Owner. Initial investigations include general reconnaissance work and information gathering. Field surveys, property surveys, title research, and utility locations are covered under Phase 2A. A. Preliminary and General Items 1 . Consult with Owner to clarify and define Owner' s requirements for each project and review pertinent available data. 2 . Participate in informal meetings with the Owner to review progress and exchange ideas and information. One meeting per month is anticipated. 3 . Prepare and submit monthly progress reports to Owner. Progress reports will be submitted by the 5th of each month, in conjunction with periodic invoices. 4 . Prepare a Project Procedures memorandum to provide general guidance regarding communications, responsibilities, basic design parameters, and work flow for Engineer's team. Deliverable due dates and key intermediate milestones will also be identified. Copies will be provided to Owner for review and use. B. Collect Existing Information 1 . Review existing reports and other information from Owner' s files. 2 . Review records to determine past history of use as to traffic flow, congestion problems, accident data, special event usage, drainage problems, and other issues experienced or projected to occur. Determine functional classification of route. 3 . Consult with Owner and utility service providers to establish a working dialogue at the outset of the project. Coordinate special needs for facilities such as Cape Girardeau, Missouri A_2 01/24/96 Transportation Program , � gas and electric service to SE Missouri Hospital. Collect . relevant data about existing facilities, associated traffic flows, and construction history. C. Traffic Capacity Determinations 1 . Prepare arterial capacity and Level of Service (LOS) calculations for the three street projects using existing traffic data, with the Highway Capacity Software (HCS) package. 2 . Develop traffic projections for a 20-year planning period in consultation with Owner's staff. 3 . Prepare HCS calculations to determine LOS for the projected traffic loads. 4 . Summarize the results for use in pavement design and traffic control planning, and for Owner' s use. 5 . For the Broadway project, these calculations will be made for the purpose of general LOS information, pavement design, and traffic control planning. More detailed work for the signal upgrade and timing optimization is specified under Phase 1, Item G. 6 . Identify general pedestrian traffic volumes and needs. Consult with Owner to confirm and refine pedestrian traffic data. Consult with Owner to determine need for bikeways. Determine specific areas for increased pedestrian traffic facilities. 7 . Develop proposed typical cross sections for the street improvements . Submit proposed typical sections with a summary of pros and cons, as appropriate, to Owner for review and comment. 8 . Agree on final typical sections (geometric) to include roadway, sidewalk(s) , landscaping border strips, utility corridors, and similar elements. Cape Girardeau, Missouri A-3 01/24/96 Transportation Program D. Alignment and Profile Study 1 . Determine needs and alternative solutions. a. Study available topographic, property, and utility maps and aerial photography within the corridor to determine potential alternative alignments for consideration. Existing City mapping ( 1"=200 ' scale) and recent aerial photography will be used, with additional information as available. b. Conduct a field reconnaissance to review the potential alignment alternatives within the corridor and determine if there are additional considerations not apparent from the available mapping and records. c. Identify design speed, sight distance requirements, pedestrian needs, and roadside safety issues for use in developing alternatives. Submit to Owner for review, revision, and concurrence. d. Prepare a sidewalk study for each project to determine the limits of sidewalk to be reconstructed and the most efficient and beneficial areas to construct new sidewalks . Include a pedestrian crossing study to evaluate advantageous locations and marking requirements for new crossings, and provide appropriate tie-ins to the Cape Girardeau hiking and biking trail near Bloomfield Road. 2 . Evaluate alternative alignments. a. Summarize advantages and disadvantages of each alternative alignment, considering geotechnical conditions, urban development conditions, hydrologic/hydraulic considerations, service and maintenance requirements, construction difficulties, and overall costs. It is anticipated that horizontal alignments will generally follow existing alignments except for Perryville Road, where alternative alignments for certain curves will be considered to improve sight distances; and for Bloomfield Road, slight Cape Girardeau, Missouri A-4 01/24/96 Transportation Program . curvilinear alignment will be considered as an . alternative to the existing tangent alignment, with the goal of preserving trees . Similarly, for vertical alignment, alternatives will be considered where needed to improve sight distances over crests, side street and entrance grades, and also drainage conditions. Otherwise, the proposed improvements will generally follow existing alignments. b. Incorporate existing alignment and ground line data from the field survey activities and establish a digital terrain model to analyze alternatives . c. Determine approximate construction limits and earthwork volumes for the alternatives . d. Evaluate solutions such as special slope treatments or retaining walls where warranted to reduce property impacts. e. Determine approximate right-of-way and easement requirements for the alternatives. f. Prepare planning-level cost opinions for earthwork, right-of-way, and easement. E. Hydrology and Hydraulics Study 1 . Determine drainage areas and runoff characteristics for cross road structures. 2 . In conjunction with Phase 2A-Field Surveys, conduct property owner interviews to determine past experience with surface flooding or underground springs, and whether there are special issues that should be addressed in the improvements project. 3 . Calculate design flow rates using a design storm and procedure acceptable to Owner. 4 . Prepare hydraulics design for existing and proposed culverts to determine sizes, headwater depths, and outflow velocities. Hydraulic designs will include consideration of downstream effects to the nearest Cape Girardeau, Missouri A-5 01/24/96 Transportation Program floodway or tributary stream to the floodway (e.g. Walker , Branch and Cape la Croix Creek) . 5 . Evaluate existing cross road structures to determine if extension is feasible or that reconstruction is required. 6 . Perform pavement drainage analysis and design, determine sizes and spacing of inlets, sizes of connecting storm sewers, and outfall locations. Special attention will be given to drainage design on the Broadway Project. Areas to be investigated include greatly expanding the curb inlet system and increased storm sewer capacities, and the most effective method to utilize the Capaha Park lagoon as a stormwater management facility. Drainage design is not a part of the Traffic Signal Upgrade project in this scope of services . 7 . Determine outfall protection requirements for culverts and storm sewers. 8 . Determine need for stormwater detention,and discuss with Owner. Prepare preliminary design to include basin size and location as needed. 9 . Prepare planning-level cost opinions for drainage features. F. Pavement Design 1 . Summarize traffic loadings and geotechnical characteristics of subgrades for each street. 2 . Review City specifications, standard practices, and related information. 3 . Design pavement systems using AASHTO or other appropriate method. Both asphaltic concrete and portland cement concrete pavement systems will be designed as structural equivalents for alternative bidding by contractors. Life-cycle cost estimating is not anticipated. 4 . Prepare planning level cost estimates for pavements, driveways, sidewalks,and similar items. Cape Girardeau, Missouri A-6 01/24/96 Transportation Program � G. Traffic Signal Upgrade Each of the three street improvements projects will include traffic engineering activities for signing, striping, and traffic control plans. The signal upgrade project will require specific traffic engineering services to optimize signal timing for the 11 intersections along Broadway, Sprigg Street, and Independence Street. 1 . Obtain record drawings and other available information from Owner describing the current signal hardware systems and interconnections, and all available traffic data. 2 , Acquire names of businesses and owners of record, and existing right-of-way limits, for the parcels adjacent to each intersection. 3 . Review current timing and phasing configurations and develop an optimization methodology. The proposed methodology will be submitted for Owner' s review before proceeding. Engineer will recommend whether any additional field traffic counts are justified. Field traffic counting for turning movements, peak volumes, and pedestrian traffic will be provided by Owner or by Engineer as a supplemental service. 4 . Perform limited-scope field surveys to define the intersection geometrics, locate existing siqnal hardware, and coordinate with utilities to locate service lines . Extensive survey activity for this item of work is not anticipated (except for the intersections within the limits of the Broadway improvements) nor included in this scope of services . Field data will be used both to develop intersection traffic capacities and to develop installation plans and specifications. 5 . Design the upgrade for each installation according to the Institute of Transportation Engineers ( ITE) and/or the Missouri Highway and Transportation Department (MHTD) specifications . Upgrading to Type 170 controllers is anticipated. The uniformity of existing signal features will be reviewed for compliance with the Manual on Uniform Traffic Control Devices (MUTCD) . MUTCD compliance review will include but not be limited to: Cape Girardeau, Missouri A-7 01/24/96 Transportation Program � • Size, number, arrangement and design of signal . lenses � Transverse location of signal posts, mast arms and controller cabinets • Use of vehicle detectors in roadway pavement • Coordination of signals in interconnected network . • Applicability of specific actuated signal controllers with detector loops to override pre- timed phasing and better accommodate occasional vehicle movements. • Continuity of operation during construction • Maintenance program for signals 6 . Perform system optimization using the SYNCHRO Pro traffic signal timing program: Windows-based with graphical user interfaces and the ability to generate AutoCAD drawings from the Map Window. The SYNCHRO model will provide a one-time data entry methodoloqy and automatically create input files for the TRANSYT-7F or PASSER II computer models. Previous work done by OWNER using TRANSYT-7F will be direct readable without re-entering data. Digital files from this work will be submitted to Owner. 7 . Review initial findings with Owner, revise analysis as needed for final optimization. 8 . Prepare detailed traffic signal phasing sheets for each intersection. Submit to Owner for review. 9 . Develop a proposed list of signal controller manufacturers and hardware system specifications . System package specifications will include a suitable quantity of spare parts and maintenance equipment, and on-site training for Owner's maintenance personnel. 10 . Review the need for street lighting to improve nighttime intersection performance, and arterial performance for Broadway. Submit recommendations to Owner. If desired by Owner to include street lighting in certain areas, layout and spacing for street lighting will follow the recommendations of the Illuminating Engineering Society and MHTD. Cape Girardeau, Missouri A-8 01/24/96 Transportation Program H. Public Involvement Program Public Involvement activities will be facilitated by a public involvement subconsultant to Engineer. The scope of services for Public Involvement can be modified through Supplemental Agreement or Change Order at any time that it is desirable to Owner. The activities specified in this scope of services are the minimum contemplated to achieve the project goals . 1 . Meet with Owner's Public Involvement specialist to jointly develop a project presentation philosophy, alternatives discussion, and framework for the Public Involvement proqram. 2 . Owner will be responsible for initial contacts to specific agencies such as utility companies, school districts, railroad companies, pipeline companies, developers, commercial and industrial interests, and others as appropriate to discuss impact of project on their facilities. Engineer will make follow-up contacts and coordinate as appropriate to complete engineering activities. Contacts to Union Electric and SE Missouri Regional Hospital will be made to ensure that lifeline services and special needs for emergency access off Broadway are properly incorporated into the Public Involvement process . 3 Conduct a public outreach program for property owners, businesses, commercial establishments, and residents along the proposed alignments who will be affected by the proposed facilities or by construction activities. Initial notification will be in the form of a newsletter prepared by the Engineer and mailed to the parties by the Owner. This initial mailing will be made by the Owner, with the newsletter inserted in the utility bill to all City residents and business, a total of approx. 14, 000 addresses . Additional copies will be provided to Owner for distribution through community groups. This scope of services contemplates a printing of 15, 000 copies of this initial newsletter, to include information on all four projects, and it wi11 be printed on 8�"x14" ( legal-size) stock, so that when folded, will fit into a Cape Girardeau, Missouri A-9 01/24/96 Transportation Program standard envelope. This newsletter will be produced and . mailed prior to the Public Meetings. Engineer will draft newsletter text and graphics and submit to Owner for review and comment. 4 . Lead three Public Meetings, one each for the Perryville Road, Broadway, and Bloomfield Road projects. Each Public Meeting will be held at an appropriate public facility along each project. Information for the Signal Upgrade Project will be provided in conjunction with the Public Meeting for Broadway, and citizen input invited at that time. Engineer will actively coordinate the preparations for these meetings with Owner. Engineer will prepare the following exhibits and handouts to facilitate each meeting: • Meeting exhibits for use by Owner and Engineer and examination by the citizens . Exhibits will include enlarged copies of drawings and maps from the Preliminary Study, aerial photo exhibits, a graphic illustrating the proposed roadway compared to the existing typical section, and traffic control during construction. Planning for special events will also be included in the exhibits. • Handouts for the Public Meeting, to include project information, contact people, project comment forms, and a request for any special needs of residents and businesses during construction. A total of 500 handouts for each Public Meeting is planned. • Owner is encouraged to provide additional information on the Five-Year Program and also municipal services and departments in general. Engineer will assist in incorporating such information into the Public Meeting materials . 5 . Each Public Meeting will be preceded by direct-delivery of a portion of the 500 handouts (see above) to addresses along each route, within the scope of the project, but not to include side streets. There are estimated to be 50 to 75 addresses along each project that will receive Cape Girardeau, Missouri A-10 01/24/96 Transportation Program direct-delivered copies. Engineer will cooperate with Owner to determine other efficient ways to make the handouts available to residents within the sphere of influence for each project, prior to the Public Meeting. 6 . Document public input and submit to Owner for review and comment. Engineer will cooperate with Owner to identify a solution for each issue raised during the Public Involvement process . 7 . Attend and participate in a pre-construction meeting for each of the three street improvements projects . These meetings will also include participation by the construction contractor. Exhibits from the Public Meetings will be updated and used again to communicate at these meetings . A more detailed scope of services for the pre-construction meetings is included under Phase 3 . Cape Girardeau, Missouri A-11 01/24/96 Transportation Program PHASE 2A. FIELD SURVEYS AND PROPERTY SURVEYS The following field survey and property survey activities apply to the three street improvements projects . Limited field surveys for the Signal Upgrade project is covered under Phase 1, Item G. A. Preliminary and General Items 1 . Meet with Owner to discuss field work plan for surveying. Visit the sites for a "job walk" with Owner personnel. 2 . Contact utilities for information on the location of their facilities, availability of service, proposed service extensions or improvements, and requirements for connections and interfacing. Special attention will be given to the service needs for SE Missouri Hospital. 3 . Contact local agencies concerning planned or proposed improvements which would affect the project. Secure available information concerning such improvements . 4 . Secure any available drawings or maps from the Owner, and other sources typically used for survey research, which would aid in the design and interfacing of the project. B. Route Surveys and Property Surveys 1 . Provide the services of a registered land surveyor to set horizontal and vertical controls and locate existing street right-of-way and critical property corners along route alignments, and to provide additional records on right-of-way and property information as required. 2 . Conduct engineering surveys to gather topographic and utility information along the alignments. Field surveys will be designed and carried out to facilitate construction of a digital terrain model for use in design. The base mapping will be developed and plotted, then checked in the field to ensure that existing topography has been properly included. After computer modeling verification and quality control checking, the DTM files and survey notes will be submitted to Owner. 3 . Meet with Owner' s staff to review base mapping prior to proceeding to subsequent design activities . Cape Girardeau, Missouri A-12 01/24/96 Transportation Program a PHASE 2B. DESIGN, CONSTRUCTION DRAWINGS, SPECIFICATIONS, AND BID DOCUMENTS A. Preliminary and General Items 1 . Participate in informal meetings with the Owner throughout the design phase to review progress and exchange ideas and information. One meeting per month is anticipated. 2 . Prepare and submit monthly progress reports to the Owner. It is intended for the progress reports to be submitted in conjunction with periodic invoices . 3 . Meet with Owner staff, emergency service departments, utilities, and other appropriate entities, as needed to determine requirements for public protection in the contract documents. B. Design Memorandum The following activities will be repeated to produce a design memorandum for each of the four individual improvements projects. 1 . Prepare a detailed design memorandum and preliminary drawings as required to confirm agreement on technical scope, design parameters, performance requirements, and detailed design approach. This document will be directly based on the preliminary study, and will represent approximately the 20g stage of completion of final design. Submit five copies to Owner for review. 2 . Meet with the Owner and secure the Owner' s comments on the design memorandum and preliminary drawings . Resolve any questions, revise documents if necessary, and resubmit five copies to the Owner. 3 . Submit to other agencies as directed by Owner. 4 . Update and distribute the design memorandum if required during the design phase. C. Geotechnical Services l . Provide, through a subcontract, qeotechnical engineerinq services including exploratory work, laboratory and field Cape Girardeau, Missouri A-13 01/24/96 Transportation Program 1 testing and professional guidance in tests to be made at test locations based on preliminary drawings and designs and including professional interpretations of exploratory and test data. The services will include: a, Initial geotechnical exploratory work, such as soil borings, penetration tests, soundings, subsurface explorations, laboratory tests of soils, rock formations, and other geophysical phenomena which are required to provide information for design, and all other field and laboratory tests and analyses which are required to provide design information. b. A qeotechnical report by a qualified geologist or geotechnical firm interpreting the data on the exploratory work and testing and setting out the site conditions that can be anticipated from this initial exploratory work. 2 . Geotechnical exploratory work is primarily anticipated for the Perryville Road and Bloomfield Road projects. Engineer' s proposed exploration program and boring locations will be reviewed with Owner prior to any field work. D. Construction Drawings and Specifications 1 . Prepare detailed drawings and specifications for the proposed construction work required. The documents shall be prepared for construction by private contractors on a competitive bid basis. Engineering plans will prepared at a scale agreeable to Owner and suitable to clearly show the work for each particular project. At present, the following scales are anticipated for the construction plans : Perryville Road 1" = 40 ' Broadway 1" = 20 ' Bloomfield Road 1" = 40 ' Traffic Signal Upgrade 1" = 20 ' 2 . Al1 construction work, including equipment purchase, will be performed under one contract for each of the four projects . Cape Girardeau, Missouri A-14 01/24/96 Transportation Program 3 . Prepare an opinion of probable construction cost for the , proposed work covered by the drawings and specifications for each contract. 4 . Provide five (5 ) sets of drawings and specifications to the Owner for review at the following approximate stages : Design Memorandum/Strip Map, R/W Plans, and Final Review. Additional copies of the R/W Plans and Final Review submittals will be made as discussed below. 5 . The Design Memorandum/Strip Map submittal will include: • Typical Sections • Plan and Profile Alignment • Preliminary Cross Sections • Construction Cost Opinion After Engineer and Owner have agreed on the basic typical sections and horizontal and vertical alignment, these elements will be adhered to throughout detailed design. 6 . The R/W Plans submittal will be prepared in general accordance with MHTD guidelines for R/W Plans . Complete right-of-way and easement information will be developed by this stage of design to enable property appraisals and negotiations to begin. The R/W Plans submittal will also be distributed to the utility companies for their review and use. Engineer will coordinate with utility field liaisons to begin development of adjustment and relocation plans. This submittal will include the following: � Title Sheet • Typical Sections • Plan and Profile Drawings • Culvert Profiles • Driveway Profiles � Major Drainage Design Features • Basic Traffic Control Layouts • Cross Sections and Construction Limits • Construction Cost Opinion 7 . The R/W Plans review will also include a R/W Field Check with Owner personnel to discuss and resolve key issues before proceeding, such as: Cape Girardeau, Missouri A-15 01/24/96 Transportation Program • Traffic control • Drainage improvements • Maintaining property access • Limits of overlay vs . pavement reconstruction • Specialty items as developed � Coordination needs during construction for Owner departments such as police and fire departments, public works, utility services, and community agencies . At Owner' s discretion, utility companies and other agencies will be invited to participate in the Field Check for each project. 8 . The Final Review submittal is intended to be for office review by Owner, utility companies, and others as appropriate. This submittal will facilitate detailed review of the design features and construction details prior to bidding, and will include the following: • Final Title Sheet • Typical Sections • Detailed Plan and Profile Drawings • Major and Minor Drainage System Plans • Detailed Drainage Structure Designs � Traffic Signal Plans and Details (Broadway) • Signing and Marking Plans and Details � Construction Phasing and Traffic Control Plans • Erosion Control Plans • Landscaping Plan • Cross Sections and Final Earthwork • Contract Documents and Specifications • Construction Cost Opinion 9 . Review Owner and other agency comments, and meet with the Owner if needed to discuss review comments, specific issues to be addressed, and resolve any questions. 10 . Submit review copies to Cape Girardeau County Special Maintenance Road District, MHTD, and other agencies as directed by Owner. 11 . After receipt of Owner' s review comments, revise as necessary and hold one utility coordination meeting for each project. The utility coordination meeting will allow the utility companies to report their proposed Cape Girardeau, Missouri A-16 01/24/96 Transportation Program adjustment plans, schedules, and specific needs, to the other utilities, as well as Owner and Engineer. 12 . Upon completion of each stage of the review of drawings and specifications, update the opinion of probable construction cost and revise and expand as required. 13 . Review the construction contract drawings and specifications for completeness, bidability, and constructability. 14 . Prepare bid forms and preliminary "Invitation to Bid" form. 15 . Provide digital files (AutoCAD Ver. 12 ) of the final drawings to Owner. Cape Girardeau, Missouri A-17 01/24/96 Transportation Program PHASE 2C. RIGHTS-OF-WAY AND EASEMENTS NEGOTIATION AND ACQUISITION A. Determine tentative permanent and temporary construction easement needs along the alternative alignments . Review these needs with Owner' s staff . Following completion of the Preliminary Study and concurrence on the final alignment, determine specific right-of-way and easement requirements . B. Provide the services of a title company to prepare title reports on each parcel of property on which takings or easements are required. C. Provide the services of a registered land surveyor to prepare plats and legal descriptions for actual acquiring of the required right-of-way and easements. D. Provide a qualified appraiser to appraise rights-of-way and easements to be acquired by fee title. E. Provide the services of a qualified R/W Negotiator to meet and negotiate with the property owners involved. F. Provide the services of a registered land surveyor to prepare documentation on parcels for condemnation proceedings, if required. Owner will be responsible for completing the condemnation process on any parcels so affected. G. Relocation of families or businesses is not anticipated for any of the projects, and services for relocation or demolition of major structures are not included in the scope of this contract. Cape Girardeau, Missouri A-18 01/24/96 Transportation Program PHASE 3 BIDDING ASSISTANCE SERVICES, CONSTRUCTION PHASE SERVICES, AND RESIDENT SERVICES A. Bidding Assistance Services 1 . Coordinate bid letting date, time, and place with Owner and prepare final Invitation to Bid. 2 . Assist and advise Owner in placing the advertisements of the Invitation to Bid. Engineer will follow Owner' s DBE Involvement Plan in developing and advertising the Invitation to Bid. 3 . Identify potential contractors and suppliers, and distribute copies of Invitation to Bid. Maintain a record of prospective bidders and suppliers to whom drawings or specifications have been issued. 4 . Provide Owner up to 30 sets of construction contract drawings and specifications for bidding purposes . Owner to provide plan room services as follows: • Distribute construction contract drawings and specifications to prospective bidders. • Distribute plan holders ' list to recipients of drawings and specifications prior to bid opening. � Receive deposits for construction contract drawings and specifications . 5 . Provide up to five (5) additional, complete sets of the construction contract drawings and specifications to the successful bidder. 6 . Conduct, at a date and time selected and a place provided by the Owner, a prebid conference to: a. Instruct prospective bidders and suppliers as to the types of information required by the contract documents and the format in which bids should be presented. b. Review special project requirements and contract documents in general. 7 . Interpret construction drawings and specifications, and provide written responses to questions from bidders Cape Girardeau, Missouri A-19 01/24/96 Transportation Program requiring clarification during the bidding period. . Prepare and issue addenda to the construction contract documents when required. For budget purposes, it is assumed that two (2 ) addenda will be prepared for each construction contract. 8 . Assist Owner during bid opening. Answer questions during bid opening, make preliminary tabulation of bids, and review questionnaires and bids for completeness. 9 . Review and evaluate the qualifications of the apparent successful bidder and the proposed major or specialty subcontractors. The review and evaluation will include such factors as work previously completed, whether adequate equipment is available to complete the work properly and expeditiously, financial resources, and technical experience. 10 . Prepare and distribute formal bid tabulation sheets, evaluate bids, and make written recommendations to the Owner concerning contract award. 11 . Prepare and distribute conforming copies of the construction contract documents. These services will include review of contractor's bonds, furnishing the Contractor unsigned construction contract documents, and transmitting the construction contract documents to the Owner for signature and distribution. B. Construction Phase Services The Engineer will perform contract administration services during the construction phase of each project. By performing these services, the Engineer shall not have authority or responsibility to supervise, direct, or control Contractor' s work or Contractor' s means, methods, techniques, sequences, or procedures of construction. The Engineer shall not have authority or responsibility for safety precautions and programs incident to Contractor' s work or for any failure of Contractor to comply with laws, regulations, rules, ordinances, codes or order applicable to Contractor furnishing and performing the work. The Engineer will immediately notify Contractor when a public safety issue needs attention, Contractor shall be responsible to address the matter. Cape Girardeau, Missouri A-20 01/24/96 Transportation Program Specific services to be performed by Engineer are as follows : 1 . Review Contractor's insurance certificates and forward the certificates to the Owner for acceptance by the Owner's legal counsel. The Engineer's review of the insurance certificates is only for the purpose of determining if the Contractor maintains the general types and amounts of insurance required by the specifications, and is not a legal review to determine if the Contractor ' s insurance coverage complies with all applicable requirements . 2 . As an extension of the public information program, set up a public notification procedure relating to specific construction activities. This work will consist of notifying the public directly affected by the construction activities of the proposed schedule and special provisions in writing. ( If provided, the Resident Project Representative will assist in this effort. ) Engineer will proactively partner with Contractor and Owner to establish specific activities to minimize inconvenience to citizens and businesses during construction. A specific plan to maintain emergency access to SE Missouri Hospital during construction will be developed and implemented. This will also include partnering with Owner's police department to keep officers informed of the work in progress and arrange for police support in traffic management or special services when needed. 3 . At a date and time selected by the Owner and at a • facility provided by the Owner, conduct a preconstruction conference. Engineer shall prepare an agenda for the conference and prepare and distribute minutes. The preconstruction conference will include a discussion of the Contractor' s tentative schedules, procedures for transmittal and review of the Contractor' s submittals, processing payment applications, critical work sequencing, change orders, record documents, and Contractor' s responsibilities for safety and first aid. 4 . Review and comment on the Contractor's initial and updated construction schedule and advise the Owner as to acceptability. Cape Girardeau, Missouri A-21 Ot/24/96 Transportation Program 5 . Review the Contractor's initial and updated schedule of estimated monthly payments and advise the Owner as to acceptability. 6 . Make periodic visits to the construction site to observe progress of the work and consult with the Owner and Contractor concerning problems and/or progress of the work. A total of 6 visits is anticipated for each project. 7 . Review drawings and other data submitted by the Contractor as required by the construction contract documents . The Engineer' s review shall be for general conformitv to the construction contract drawings and specifications for the project and shall not relieve the Contractor of any of his contractual responsi- bilities . Such reviews shall not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. 8 . Receive and review guarantees, bonds, certificates of inspection, tests, and approvals which are to be assembled by the Contractor(s) in accordance with the construction contract documents and transmit them to the Owner. 9 . Interpret construction contract drawings when requested by the �wner or Contractor. If authorized by the Contractor, the Engineer may interpret construction contract drawings and specifications upon request by subcontractors and suppliers. 10 . Review and process the Contractor' s monthly payment requests, and forward to the Owner if applicable. The Engineer's review shall be for the purpose of making a full independent mathematical check of the Contractor' s payment request. Unless otherwise requested, Owner is responsible for verifying the quantities of work which are the basis of the payment request. 11 . Provide documentation for the processing of change orders . Owner to administer the processing of change orders, including applications for extensions of construction time, unless Engineer is authorized to do so as a supplemental service. Cape Girardeau, Missouri A-22 Ot/24/96 Transportation Program 12 . Upon completion of the project, revise the construction contract drawings to conform to the construction records. Submit copies of the mylars and digital files to the Owner. 13 . Act as initial arbiter on all claims of Owner and Contractor relating to the acceptability of the work or the interpretation of the requirements of the construction contract documents pertaining to the execution and progress of the work. 14 . Evaluate and report on tests and test analyses of equipment and materials, including concrete, pipe, soil, soil compaction tests, asphalt, and any other work items that may be required by the specifications and good construction practice. Testing laboratory to be provided by Owner. 15 . Upon substantial completion, inspect the construction work and prepare a listing of those items to be completed or corrected before final completion of the project. Submit results of the inspection to the Owner and Contractor. 16 . Upon completion or correction of the items of work on the punch list, conduct a final inspection to determine if the work is completed. Provide written recommendations concerning final payment to the Owner, including a list of items, if any, to be completed prior to the making of such payment. C. Resident Services During Construction As requested by Owner for each project, Engineer will furnish a full-time or part-time Resident Project Representative as may be required on the work. The Resident Project Representative will observe the Contractor' s work and perform the services listed below. The Resident Project Representative shall not have responsibility for the superintendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operations, equipment, or personnel other than employees of the Engineer. The Resident Project Representative will immediately notify the Contractor when he observes safety issues that need to be addressed; however, Cape Girardeau, Missouri A-23 01/24/96 Transportation Program this service will in no way relieve the Contractor of complete supervision of the work or the Contractor' s obligation for complete compliance with the drawings and specifications . The Contractor shall have sole responsibility for safety and for maintaining safe practices and avoiding unsafe practices or conditions . Specific services available to Owner that would be performed by the Resident Project Representative are as follows : 1 . Site Observations and Liaison with Owner and Contractor(s) a. Conduct onsite observations of the general progress of the work to assist the Engineer in determining if the work is proceeding in accordance with the construction contract documents . b. Obtain photographs or video tapes of the construction site prior to the start of the construction to assist in defining the original condition of existing physical features, including but not limited to pavement, curb and gutter, lawns, shrubs, trees, ditches, fences, sidewalks, buildings, and structures that are located adjacent to the limits of construction. c. Serve as the Engineer' s liaison with the Contractor, working principally through the Contractor's superintendent, and assist the Engineer in providing interpretation of the construction contract documents. Transmit the Engineer' s clarifications and interpretations of the construction contract documents to the Contractor. d. Assist the Engineer in serving as the Owner' s liaison with Contractor when Contractor' s operations affect Owner' s onsite operation. e. As requested by the Engineer, assist in obtaining from the Owner additional details or information when required at the jobsite for proper execution of the work. f. Consult with the Owner and the Contractor, giving Cape Girardeau, Missouri A—Z 4 01/24/96 Transportation Program opinions and suggestions based on his (Resident , Project Representative ' s) observations regarding defects or deficiencies in the Contractor' s work and relating to compliance with drawings, specifications, and design concepts. g. Advise the Engineer and Contractor or its superintendent immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been accepted by the Engineer. h. Monitor changes of apparent integrity of the site (such as subsurface conditions, existing structures, and site-related utilities when such utilities are exposed) resulting from construction related activities . i. Observe pertinent site conditions, when the Contractor maintains that differing site conditions have been encountered, and document actual site conditions . Review and analysis of Contractor claims for differing site conditions are supplemental services . j . Review Contractors ' construction sequence and traffic control plans . k. Contact utilities in the general construction area and advise them of the Contractor's schedule. Assist in coordinating scheduling of utility activities so as to minimize conflicts with construction progress . 1. Provide necessary surveying to re-establish precon- struction grades and referencing and reestablishing land surveying movements . In easement areas, mark the easement limits. m. Visually inspect materials, equipment, and supplies delivered to the worksite. Reject materials, equipment, and supplies which do not conform to the construction contract documents. n. Coordinate onsite materials testing services during construction. Copies of testing results will be Cape Girardeau, Missouri A-25 01/24/96 Transportation Program forwarded to the Owner for review and information. o. Observe field tests of equipment, structures and piping, and review the resulting reports, commenting to the Owner as appropriate. 2 . Outside Liaison and Public Relations Services a. Accompany visiting inspectors representing public or other agencies having jurisdiction over the project. Record the results of these inspections and report to the Engineer. b. Provide personnel to maintain a phone or written communication system for timely handling and resolution of the construction related complaints or inquiries . c. Provide services in connection with the public information program, carrying out notification procedures during construction by contracting individual property owners as appropriate. 3 . Meetings, Reports, and Documents Review and Maintenance a. Attend the preconstruction conference, and assist the Engineer in explaining administrative procedures which will be followed during construction. b. Prepare for and attend monthly progress meetings, and other meetings when necessary, with the Owner and Contractor to review and discuss construction procedures and progress scheduling, engineering management procedures, and other matters concerning the project. c. Submit to the Owner weekly construction progress reports containing a summary of the Contractor' s progress, general conditions of the work, problems, and resolutions or proposed resolutions of problems. d. Review the progress schedule, schedule of shop drawings submissions, and schedule of values prepared by Contractor and consult with the Cape Girardeau, Missouri A-26 01/24/96 Transportation Program Engineer concerning their acceptability. e. Report to the Engineer whenever work is known to be defective, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to tests or approval required to be made or has been damaged prior to final payment, and advise the Engineer when the work should be corrected or rejected or should be uncovered for observation, or required special testing, inspection, or approval. f. Review applications for payment with the Contractor for compliance with the established procedure for their submission and forward them with recommendations to the Engineer, noting particu- larly their relation to the schedule of values, work completed, and materials and equipment delivered to the site but not incorporated into the work. g. Receive and record date of receipt of shop drawings and samples which are furnished at the site by the Contractor, and notify the Engineer of their availability for examination. h. During course of the work, verify that certificates and other data required to be assembled and furnished by the Contractor are applicable to the items actually installed; and deliver this material to the Engineer for his review and forwarding to the Owner prior to final acceptance of the work. i. Receive and review all certified payrolls submitted by Contractors and submit payrolls to the Owner. j . Maintain a marked set of record drawings and specifications at the jobsite based on data provided by the Contractor. This information will be combined with information maintained by the Contractor and a master set of record documents produced. k. Review certificates of inspections, test reports, and related approvals submitted by the Contractor in compliance with required by laws, rules, Cape Girardeau, Missouri A-27 01/24/96 Transportation Program regulations, ordinances, codes, orders, or the . contract documents (but only to determine that their content complies with the requirements of, and the results certified indicate compliance with the construction contract documents) . This service is limited to a review of items submitted by the Contractor and does not extend to a determination of whether the Contractor has complied with all legal requirements . 1. Maintain the following documents at the jobsite. 1 . ) Correspondence files . 2 . ) Reports of job conferences, meetings and discussions among the Engineer, Owner, and Contractor. 3 . ) Shop drawings and samples submissions . 4 . ) Reproductions of original construction contract documents. 5 . ) Addenda. 6 . ) Change orders. 7 . ) Field orders . 8 . ) Additional drawings issued subsequent to execution of the construction contract documents . 9 . ) Engineer's clarifications and interpretations of the construction contract documents . 10 . ) Progress reports . 11 . ) Names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. m. Maintain a daily diary or log book of events occurring at the jobsite, including the following information: 1 . ) Contractor' s hours on the jobsite. 2 . ) Contractor and subcontractor personnel on the jobsite. 3 . ) Construction equipment on the jobsite and hours of use. 4 . ) Observed delays and causes . 5 . ) Weather conditions. 6 . ) Data relative to questions of extras or deductions. 7 . ) List of visitors . Cape Girardeau, Missouri A-28 01/24/96 Transportation Program 8 . ) Daily activities. , 9 . ) Decisions . 10 . ) Observations connected with the progress of the work. 11 . ) Materials received on the jobsite. The diary or log book shall remain the property of the Engineer. 4 . Assistance in Certification of Substantial Completion a. Before the Engineer issues a Certificate of Substantial Completion, submit to the Contractor a list of observed items requiring completion or correction. b. Assist the Engineer in conducting final inspection in the company of the Owner and Contractor, and prepare a final list of items to be completed or corrected. c. Verify that all items on the final list have been completed or corrected and make recommendations to the Engineer concerning acceptance. d. Obtain photographs or videotapes of the construction site after completion of construction. Cape Girardeau, Missouri A-29 01/24/96 Transportation Program PHASE 4 . SUPPLEMENTAL SERVICES Any work requested by the Owner that is not included in one of the items listed in another phase will be classified as supplemental services . Supplemental services include but are not limited to: A. Additional meetings with local, state or federal agencies to discuss the project. B. Additional appearances at public hearings or before special boards. C. Supplemental engineering work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this agreement. D. Special consultants or independent professional associates requested or authorized by Owner. E. Assistance with bid protests and rebiddinq, preparation for litigation, arbitration or other legal or administrative proceedings, and appearances in court or at arbitration sessions . F. Additions to an engineering report to update or revise original, accepted, recommendations . G. Providing engineering assistance to the Owner in condemnation proceedings beyond that identified. H. Provision of an environmental assessment report or environmental impact statement as requested by the Owner or required by review agencies. I . Provision, through a subcontract, of an archaeological study and report on the construction site(s) . J. Provision, through a subcontract, of archaeological consultations regarding artifacts that may be uncovered during construction. K. Provision, through a subcontract, of laboratory and field testing required during construction and any special reports or studies on materials and equipment requested by the Owner. Cape Girardeau, Missouri A-30 01/24/96 Transportation Program L. Provision of support services in connection with . additional public involvement activity beyond that defined in Phases 1 and 3 . M. Assistance in the closing of any financial or related transaction for the project. N. Where field conditions are encountered which differ from the conditions shown on the construction contract documents or soil borings, or as otherwise required, preparation of sketches of construction work for approval by the Owner, to supplement the drawings and specifications as may be required. Provide redesign or relocation information if requested by underground obstruction, utilities or other conditions . 0. Services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages . P. Additional or extended services during construction made necessary by ( 1) work damaged during construction, (2 ) a significant amount of defective or neglected work of any Contractor, ( 3 ) acceleration of the process schedule involving service beyond normal working hours, (4) default by any Contractor and (5) failure of the Contractor to complete the work within the contract time. Q. Evaluation of unusually complex claims or an unreasonable or extensive number of claims submitted by Contractor or others in connection with the work. R. Changes in the general scope, extent or character of the project or its design including, but not limited to, changes in size, complexity, Owner' s schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or construction contract documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents or designs, or are due to any other causes beyond the Engineer' s control. [End of Attachment A] Cape Girardeau, Missouri A—31 01/24/96 Transportation Program � ATTACHMENT B TO AGREEMENT FOR ENGINEERING SERVICES FOR CITY OF CAPE GIRARDEAU, MISSOURI TRANSPORTATION ZMPROVEMENTS PROGRAM COMPENSATION Owner: City of Cape Girardeau, Missouri Project: Transportation Improvements Program For the services covered by this Agreement, the Owner agrees to pay the Engineer as follows: A. For Phase 1 Services ( Initial Investigations and Preliminary Study) , 2A Services (Field Surveys and Property Surveys) , and 2B Services (Design, Construction Drawings, Specifications, and Bid Documents) , an amount equal to the Engineer' s salary costs times 2 .95 plus reimbursable expenses at cost and plus subcontract billings times 1 .05 . The maximum amount to be billed for these services shall not exceed $355, 000 .00 without further authorization. B. For Phase 1, 2A, and 2B Services pertaining solely to the Traffic Signal Upgrade Project (not to include street improvements covered under the Broadway Project) , an amount equal to the Engineer's salary costs times 2 .95 plus reimbursable expenses at cost and plus subcontract billings times 1 .05 . The maximum amount to be billed for these services shall not exceed $60, 000 .00 without further authorization. C. For Phase 2C Services (Rights-of-Way and Easement Negotiation and Acquisition) , an amount equal to $750 .00 per parcel for easement negotiation and acquisition and $1,350 .00 per parcel for new right-of-way negotiation and acquisition. For budgeting purposes, it is estimated that a total of 66 easement parcels and 30 right-of-way parcels will be required for the total project, as currently defined, resulting in a total estimated amount of $90, 000 .00 . D. For Phase 3 Services (Bidding Assistance, Construction Phase Services, and Resident Services) , an amount to be determined after the scope of the work is better defined for each project. Cape Girardeau, Missouri B-1 01/22/96 Transportation Program E. For Phase 4 Services (Supplemental Services) , an amount equal. to the Engineer' s salary costs times 2 .95 plus reimbursable expenses at cost and plus subcontract billings times 1 .05 . Each item of Supplemental Services shall be specifically authorized by the Owner, and a maximum billing limit shall be established before the work is started. The amount billed for each item of Supplemental Services shall not exceed the amount established for it without further authorization. F. The following expenses are reimbursable under salary multiplier work items : 1 . Travel, subsistence, and incidental costs . 2 . Use of motor vehicles on a monthly rental basis for assigned vehicles and on a mileage basis for vehicles uses for short periods. Mileage basis shall be 30 cents per mile. 3 . Moving costs to project for full-time onsite personnel. 4 . Long distance telephone costs and project "onsite" telephone costs. 5 . Reproduction of reports, drawings, and specifications. 6 . Postage and shipping charges for project-related materials . 7 . CAD-related expenses. (Note: Computer-related expenses other than CAD are specifically excluded. ) 8 . Rental charges for use of equipment, including equipment owned by the Engineer. 9 . Cost of acquiring any other materials or services specifically for and applicable to only this project. 10 . Subcontract costs including those for soils and geotechnical investigations and reports, testing laboratory services, surveying and mapping services, assistant engineers, public involvement specialists, right-of-way negotiators, and other subcontract services as may be required for the project. 11 . Charges for special consultants requested or authorized by the Owner. 12 . Special insurance coverage required by the Owner, including the cost of naming the Owner as an additional insured. Cape Girardeau, Missouri B-2 01/22/96 Transportation Program 13 . Local taxes or fees applicable to the engineering work , or payments therefor. 14 . Charges for review of drawings and specifications by government agencies, if any. G. Periodic payments shall be made to the Engineer by the Owner based on the Engineer' s statement. The statement shall be itemized to indicate the amount of work performed and the associated reimbursable expenses and subcontract costs. H. The entire amount of each statement shall be due and payable upon receipt by the Owner. Carrying charges of 1-1/2 percent per month from the billing date, shall be due for accounts which are not paid within 60 days after the billing date. I. It is understood and agreed that the maximum billing amount for the Phase 1, 2A and 2B Services is based on the start of those services being authorized not later than March 1, 1996 . J. It is understood and agreed that if the project, after being started in any phase, is stopped in that phase for the Owner' s convenience for more than 60 calendar days, Engineer may reassign project team members to other work. If the team is disbanded and the work is restarted at a later date, then the Owner will pay the Engineer a restart fee equal to 10 percent of the original maximum billing limit for that phase. All payments for project suspension and restart will be in addition to the original maximum billing limit. K. It is understood and agreed that the Engineer shall start the performance of Phase 1, 2A, 2B and 2C Services within ten calendar days of receipt of Notice to Proceed. It is understood that Notice to Proceed for Phase 2B will be issued upon completion of Phases 1 and 2A, and Notice to Proceed for Phase 2C will be issued upon completion of the R/W Plans (within Phase 2B) . The services provided under this contract will be completed within the following number of calendar days following Notice to Proceed for a particular phase. The times for Phase 1 exclude the actual convening of the Public Meetings, which will be scheduled for a mutually agreeable time with Owner. Cape Girardeau, Missouri B-3 01/22/96 Transportation Program , r Owner and Engineer agree that formal review periods for Owner and other• agencies shall not count toward the contract times indicated below for Phase 2B Services . Moreover, condemnation proceedings, if necessary, are not considered in the times indicated below for Phase 2C Services . The completion schedule for Phase 3 Services is to be mutually agreed upon by Owner and Engineer prior to beginning services under that phase. Completion Perryville Road Schedule'1' Phase 1 - Initial Investigations 60 days and Preliminary Study Phase 2A - Field Surveys and Property Surveys 60 days Phase 2B - Design, Drawings and Documents 150 days Phase 2C - Rights-of-Way and Easements 210 days Negotiation and Acquisition Target Date for Bid Advertisement: August 1, 1996�Z� Broadwav (Survey and design Clark Ave. to West End Blvd. ; R/W and construction from Clark Ave. to Perry Ave. ) Phase 1 - Initial Investigations 75 days and Preliminary Study Phase 2A - Field Surveys and Property Surveys 90 days Phase 2B - Design, Drawings and Documents 180 days (Clark Ave. to West End Blvd. ) Phase 2C - Rights-of-Way and Easements 300 days Negotiation and Acquisition (Clark Ave. to Perry Ave. ) Target Date for Bid Advertisement: January 15, 1997�2' Bloomfield Road Phase 1 - Initial Investigations 60 days and Preliminary Study Phase 2A - Field Surveys and Property Surveys 60 days Phase 2B - Design, Drawings and Documents 150 days Phase 2C - Rights-of-Way and Easements 210 days Negotiation and Acquisition Target Date for Bid Advertisement: October l, 1996�Z� Cape Girardeau, Missouri B-4 01/22/96 Transportation Program , Traffic Siqnal Uparade Phase' 1 - Initial Investigations 75 days and Preliminary Study Phase 2A - Field Surveys and Property Surveys 60 days Phase 2B - Design, Drawings and Documents 90 days Phase 2C - Rights-of-Way and Easements n/a Negotiation and Acquisition Target Date for Bid Advertisement: August 15, 1996�2� �" Number of calendar days following Notice to Proceed for each phase of the work. '2' Assuming Project Notice to Proceed is given the week of February 5, 1996 . L. Engineer shall keep records of costs and expenses on the basis of generally accepted accounting practices. Those records shall be available for inspection at Engineer' s headquarters during normal business hours. [End of Attachment B] Cape Girardeau, Missouri B-5 01/22/96 Transportation Program y ! ATTACHMENT C TO AGREEMENT FOR ENGINEERING SERVICES FOR CITY OF CAPE GIRARDEAU, MISSOURI TRANSPORTATION IMPROVEMENTS PROGRAM OWNER'S RESPONSIBILITIES Owner: City of Cape Girardeau, Missouri Project: Transportation Improvements Program The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items : A. All maps, drawings, reports, records, audits, annual reports, and other data that are available in the files of the Owner and which may be useful in the work involved under this contract. B. Access to public and private property when required in performance of the Engineer's services . C. The services of at least one of the Owner' s employees or staff who has the right of access to, and who has knowledge of, the existing streets and traffic signal equipment. D. Releases to the news media concerning public hearings, prebid conferences, preconstruction conferences, and the time and location of anticipated street closings or partial closings . E. Hall or auditorium space for public hearings, prebid conferences, and preconstruction conferences and the audio equipment and projection equipment required for such hearinqs and conferences . F. Legal advertisement of project letting or bid date and such other publications of the "Invitation to Bid" as desired by the Owner. G. Royalties and fees for patented processes used in the work, except those required to be paid by construction contractors as part of the construction contract. Cape Girardeau, Missouri C-1 01/22/96 Transportation Program J H. Shop, mill, or laboratory inspection of materials, laboratory and field testing, and field sampling services. I . Al1 legal and other related activities to carry out condemnation proceedings on any parcels that must be condemned. J. Fees, expenses, negotiated settlements, and other costs associated with the actual closing of an agreement and compensation to a property owner for the purchase of right-of-way or easements . K. Securing all necessary permits except for those specifically identified to be secured by the construction contractor. L. Initial contacts with specific agencies such as utility companies, SE Missouri Hospital, school district, railroad companies, pipeline companies, developers, commercial and industrial interests, and other as appropriate to discuss the impact of the project on their facilities, as part of the Public Involvement Program. (Note: Engineer will make follow-up contacts and coordinate additional activities, as appropriate. ) M. Distribution of documents, as appropriate, to all reviewing or regulatory agencies for the purpose of acquiring approvals or permits. [End of Attachment C] Cape Girardeau, Missouri C-2 O1/22/96 Transportation Program