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HomeMy WebLinkAboutRES.947.07-05-1994 V BILL NO. 94-153 RESOLUTION NO. C � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR ENGINEERING SERVICES WITH BLACK & VEATCH FOR CAPE LA CROIX TRUNK SEWER PHASE IV, DETENTION BASIN EXTENSION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement for Engineering Services with Black & Veatch for Cape LaCroix Trunk Sewer Phase IV, Detention Basin Extension. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS �} ' DAY OF ,�-�tit:.�' , 19 `%° . �� � i�' • � A. M. S adling, II , ayor ATTEST: ,� '1 � /i ��L .L. Gayle�' � . Conrad Deputy City Clerk , AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, between the City of Cape Girardeau, Missouri (Owner) and Black & Veatch (Engineer) ; W I T N E S S E T H : WHEREAS, Owner intends to retain the Engineer to revise the original drawings and specifications developed in 1991 for the construction of the Detention Basin Extension Interceptor Sewer (the Project) ; and Owner further desires to retain the Engineer to provide construction administration and part-time resident engineering services during the construction of the sewer line and, WHEREAS, Engineer is prepared to provide certain engineering services in connection with the Project (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. 070194 '1' 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 concur- rent negligence of Engineer and Owner, they shall be borne by each party in proportion to its own negligence. 7.3 Emqloyee 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 Damaqes. To the fullest extent permitted by law, Engineer shall not be liable to Owner for any special , indirect, or 070194 -2' consequential damages resulting in any way from the performance of the Services. 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. Al1 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 o�oi9a -3- construction phase contracts entered 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, subcon- tractor, 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 qualifi- cations 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 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 documents will entitle 070194 -4- 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 070194 -5- other labor disturbances; 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. 0. Box 8405 Kansas City, Missouri 64114 Owner: Mr. J. Ronald Fischer City Manager City Hall 401 Independence Street 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. o�oi9a -6- ARTICLE 17 - SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provi- sion of this Agreement void shall in no way affect the validity or enforceability of any other portion or 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 pos- sible 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 com- munications, 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. 070194 '�- 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. IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement. Citv of Cape Girardeau, Missouri Black & Veatch Owner Engineer • i By �' ' � � gy `t J Ronald Fiscfer Steve Phil ips Title Cit Mana er Title Partner Date � Date ��f /4� 070194 -8- ATTACHMENT A TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Cape Girardeau, Missouri Project: Detention Basin Extension Interceptor Sewer SCOPE OF SERVICES REVISIONS TO EXISTING CONSTRUCTION CONTRACT DOCUMENTS, BID� AND PRECONSTRUCTION SERVICES A. Preliminary and General Items 1. Meet with Owner to clarify understanding of scope and parameters of the project. 2. Review Owner-furnished general and/or special conditions and standard details. Revise Engineer' s standard documents accordingly. 3. Communicate with state agency and reach an understanding on design objectives and performance requirements. 4. Meet with Owner' s personnel and representatives of utilities, government agencies and highway departments, to obtain requirements for public protection to be included in contract documents. 5. Review Army Corps of Engineers documents concerning Upper Cape LaCroix Basin Detention Dam. Determine conflicts or special requirements necessary. Provide a written summary to Owner detailing the findings. Redesign or realignment of the original sewer is not anticipated. Any redesigns of the sewer will be covered under the Supplemental Services. B. Design Memorandum 1. Revise existing design memorandum as required to establish agreement on scope, parameters, performance requirements, and project approach. Submit two copies to Owner and two copies to the State regulatory agency. C. Construction Contract Documents 1. Revise existing drawings and specifications and other contract documents originally developed in 1991. The documents shall be prepared for selection of private construction contractors on a competitive bid basis. 2. Prepare one contract for performance of all construction work, including equipment procurement. Cape Girardeau,MO o�oi9a A-1 3. Prepare an opinion of probable construction cost for the proposed work covered by the contract documents. 4. Review the contract documents for completeness, bidability, and constructability. 5. Provide three sets of the contract documents to Owner for review. Following Owner' s review of the completed contract documents contact Owner to discuss them and to resolve any questions. 6. After the conference with Owner, make any necessary modifi- cations and submit two sets of revised contract documents to state agency and two sets to the Army Corps of Engineers for review, and two sets to Owner for the record. 7. Attend one meeting in St. Louis, Jefferson City or Cape Girardeau to discuss the documents with regulatory agency officials. 8. After receipt of agency review comments and Owner' s comments on final documents, revise if necessary and resubmit, if necessary, three sets to state agency and two sets to Owner. 9. Upon completion of the review of the contract documents, review the opinion of probable construction cost and revise and expand as required. 10. Attend one public hearing in Cape Girardeau to assist Owner in presenting the project to the public, to answer questions, and to advise Owner as necessary. 11. Prepare Bidding Requirements, Bid Forms, Contract Forms, and Conditions of Contract for the contract documents. E. Permits Acquisition 1. Provide in the specifications requirements that the construction contractors must obtain the Missouri State Sales Tax Exemption Certificate for this project. 2. Provide assistance to Owner in securing the following permits from State and local agencies and from utility and pipeline companies: Missouri Department of Natural Resources Construction Permit Missouri State Highway Department Permit Cape Girardeau, MO 070194 A—2 Assistance will include: a. Preparation of applications, exhibits, drawings and specifications as necessary for Owner' s execution and submittal . b. Furnishing additional information about the project design required for permit approvals. F. Preaward 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. 3. Identify potential contractors and suppliers, and distribute copies of Invitation to Bid. Maintain a record of prospective bidders and suppliers to whom contract documents have been issued. 4. Provide 30 sets of construction contract documents to the City for bidding purposes, and distribution to prospective bidders. 5. Distribute 10 sets of the construction contract documents to the successful bidder. 6. Conduct, at a date and time selected and a place in Cape Girardeau provided by Owner, a pre-bid 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 . c. Receive requests for interpretations which will be issued by addendum. d. Prepare minutes of the conference and issue by addendum. 7. Interpret construction contract documents. Prepare and issue addenda to the construction contract documents when required. 8. Conduct bid opening. Answer questions during bid opening, make preliminary tabulation of bids, and review bids for completeness. 9. Review and evaluate the qualifications of the apparent successful bidder and the proposed major or specialty Cape Girardeau,MO o�oi9a A-3 subcontractors. The review and evaluation will include such factors as work previously completed, equipment that is available for the work, financial resources, technical experience, and responses from references. 10. Prepare and distribute formal bid tabulation sheets, evaluate bids, and make written recommendations to 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 con- struction contract documents, and transmitting the construction contract documents to Owner for signature and distribution. CONSTRUCTION PHASE SERVICES A. Project Administration Engineer will perform project administration services during the construction phase of the project. By performing these services, Engineer shall not have authority or responsibility to supervise, direct, or control the Contractor' s work or the Contractor' s means, methods, techniques, sequences, or procedures of construction. Engineer shall not have authority or responsibility for safety precautions and programs incident to the Contractor' s work or for any failure of the Contractor to comply with laws, regulations, rules, ordinances, codes, or orders applicable to the Contractor furnishing and performing the work. Specific services to be performed by Engineer are as follows: 1. Review the Contractor' s insurance certificates and forward the certificates to Owner for acceptance by Owner' s legal counsel . 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 contract documents, and is not a legal review to determine if the Contractor' s insurance coverage complies with all applicable requirements. 2. At a date and time selected by Owner and at a facility provided by Owner, conduct a preconstruction conference. Engineer shall prepare an agenda for the conference, and prepare and distribute minutes. The preconstruction con- ference shall 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 the Contractor' s responsibilities for safety and first aid. Cape Girardeau,MO o�oi9a A-4 3. Require Contractor to provide 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 that are located within the limits of construction. 4. Review and comment on the Contractor' s initial and updated construction schedule and advise Owner as to acceptability. 5. Analyze the Contractor' s construction schedule, activity sequence, and construction procedures as applicable to Owner' s ability to keep existing facilities in operation. 6. Review the Contractor' s initial and updated schedule of estimated monthly payments and advise Owner as to acceptability. 7. Make periodic visits to the construction site to observe progress of the work, and consult with the Owner and the Contractor concerning problems and progress of the work. A total of 6 visits are anticipated. 8. Review drawings and other data submitted by the Contractor as required by the construction contract documents. Engineer' s review shall be for general conformity to the construction contract documents and shall not relieve the Contractor of any of his contractual responsibilities. Such reviews shall not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions and programs incident thereto. Engineer' s responsibility for review of submittals shall be limited as described in the Submittal section of the contract documents. Reviews required beyond the number provided for in the documents (2) which result from incomplete or unacceptable submittals by Contractor shall be at Contractor expense, as described in the contract documents. Owner agrees to reimburse Engineer for these additional services with funds retained from payments to the Contractor. 9. Receive and review guarantees, bonds, and certificates of inspection, and tests and approvals which are to be assembled by the Contractor in accordance with the construction contract documents and transmit them to Owner. 10. Interpret construction contract documents when requested by Owner or the Contractor. 11 . Review and process the Contractor' s monthly payment requests, and forward to Owner if appropriate. Engineer' s review shall be for the purpose of making a full independent mathematical check of the Contractor' s payment request. Engineer is Cape Girardeau,MO 070194 A—5 responsible for verifying the quantities of work which are the basis of the payment requests. 12. Receive the wage rate information submitted by the Contractor and forward the wage rate information to Owner. 13. Provide documentation and administer the processing of change orders, including applications for extension of construction time. Evaluate the cost and scheduling aspects of all change orders and, where necessary, negotiate with the Contractor to obtain a fair price for the work. Said negotiation shall be subject to the approval of Owner. Work related to unusually complex or unreasonably numerous claims is covered in Supplemental Services. 14. Upon completion of the project, revise the construction contract drawings to conform to the construction records. Submit to Owner one set of drawings on 3 mil wash-off mylar reproducibles, and one set of prints. 15. Act on claims of Owner and the Contractor relating to the acceptability of the work or the interpretation of the requirements of the construction contract documents. 16. Upon substantial completion, inspect the construction work and prepare a punch-list of those items to be completed or corrected before final completion of the project. Submit results of the inspection to Owner and the Contractor. 17. 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 Owner, including a list of items, if any, to be completed prior to making such payment. 18. Apply for consent of surety to final payment. RESIDENT SERVICES DURING CONSTRUCTION Engineer will furnish a part-time Resident Project Representative to assist Owner' s Project Representative. It is anticipated the Engineer' s Project Representative will be present at the site according to the following schedule: • PHASE I - Up to 5 consecutive working days after the Contractor initiates pipe laying activities. • PHASE II - Up to 20 working days during period following Phase I up to Substantial Completion of the work. It is anticipated these services will be scheduled for two consecutive days two times per month. Cape Girardeau,MO o�oi9a A-6 • PHASE III - Up to 5 working days for Substantial and Final Completion inspections, and final close-out of project. The Engineer' s Resident Project Representative will assist and advise Owner' s Project Representative in observing the Contractor' s work and performing the services listed below. Engineer' s Resident Project Representative shall not have responsibility for the superintendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of the Engineer. Services provided by Engineer will in no way relieve the Contractor of complete supervision and inspection 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 performed by the Engineer' s Resident Project Repre- sentative are as follows: A. Site Observations and Liaison with Owner and Contractor(s) 1 . Conduct periodic onsite observations of the general progress of the work to assist Engineer and Owner' s Project Representative in determining if the work is proceeding in accordance with the construction contract documents. 2. Assist Owner' s Representative in serving as Engineer's liaison with the Contractor, working principally through the Owner' s Project Representative and Contractor' s superintendent, and assist Engineer in providing interpretation of the construction contract documents. Transmit Engineer' s clarifications and interpretations of the construction contract documents to the Owner' s Project Representative. 3. Assist Engineer in serving as a liaison with the Contractor when the Contractor' s operations affect Owner' s onsite operation. 4. As requested by Engineer, assist Owner' s Project Representative in obtaining from Owner additional details or information when required at the jobsite for proper execution of the work. 5. Report to Engineer and Owner' s Project Representative, giving opinions and suggestions based on the Resident Project Representative' s observations regarding defects or deficiencies in the Contractor' s work and relating to compliance with drawings, specifications, and design concepts. 6. Revise Shop Drawing status with Owner' s Project Representative and advise Engineer and the Contractor or its Cape Girardeau,MO 070194 A—� superintendent immediately of the status of any work requiring a shop drawing or sample submission if the submission has not been accepted by Engineer. 7. During periodic visits observe site for changes of apparent integrity (such as differing subsurface and physical conditions, existing structures, and site-related utilities when such utilities are exposed) resulting from construction-related activities. Report all such changes noted to the Owner' s Project Representative. 8. Review any data compiled by Owner' s Project Representative relating to Contractor claims of different subsurface and physical conditions. Review and analysis of the Contractor' s claims for differing subsurface and physical conditions are supplemental services. 9. Verify with Owner' s Project Representative that the Contractor has contacted utilities in the general construction area and advised them of Contractor' s schedule. 10. Assist Owner' s Project Representative in establishing and furnishing the Contractor with necessary baselines and control points which will be used as datum for the work. Actual construction staking will be done by the Contractor. 11. During periodic visits, visually inspect materials, equipment, and supplies delivered to the worksite. Confer with Owner' s Project Representative concerning rejection of materials, equipment, and supplies which do not conform to the construction contract documents. 12. As possible during periodic visits, observe field tests of equipment, structures, and piping, and review the resulting reports, commenting to Engineer or Owner' s Project Representative, as appropriate. B. Meetings, Reports, and Document Review and Maintenance 1. Attend the preconstruction conference, and assist Engineer in explaining administrative procedures which will be followed during construction. 2. Coordinate with Owner' s Resident Project Representative to schedule and attend monthly progress meetings, and other meetings with Owner and the Contractor when necessary, to review and discuss construction procedures and progress sche- duling, engineering management procedures, and other matters concerning the project. 3. Review weekly construction progress reports prepared by Owner' s Project Representative. Cape Girardeau,MO 070194 A'8 4. Review the progress schedule, schedule of shop drawings sub- missions, and schedule of values prepared by the Contractor, and consult with Engineer and Owner' s Project Representative concerning their acceptability. 5. Report to Engineer regarding work which is known to be defective, or which fails any required inspections, tests, or approvals, or has been damaged prior to final payment; and advise Engineer whether the work should be corrected or rejected, or should be uncovered for observation, or requires special testing, inspection, or approval . 6. Review applications for payment with the Contractor and Owner' s Project Representative. 8. During the course of the work, review with Owner' s Project Representative that specified certificates, operation and maintenance manuals, and other data required to be assembled and furnished by the Contractor are applicable to the items actually installed. 9. Review periodically with Owner' s Project Representative a marked set of drawings and specifications at the jobsite based on data provided by the Contractor. This information will be combined with information from the record documents maintained by the Contractor, and a master set of documents conforming to construction records will be produced. 10. Review with Owner's Project Representative certificates of inspections, tests, and related approvals submitted by the Contractor as required by laws, rules, regulations, ordinances, codes, orders, or the Contract Documents (but only to verify 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. 11. Periodically review with the Owner' s Project Representative the following documents which are to be maintained by the Owner' s Project Representative at the jobsite. a. Correspondence files. b. Reports of jobsite conferences, meetings, and discussions among the Engineer, Owner, and Contractor. c. Submittals of shop drawings and samples. d. Reproductions of original construction contract documents. Cape Girardeau,MO o�oi9a A-9 e. Addenda. f. Change orders. g. Field orders. h. Additional drawings issued subsequent to execution of the construction contract documents. i . Progress reports. j. Names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. k. A daily diary or log book of events at the jobsite, including the following information: 1) Days the Contractor worked on the jobsite. 2) Contractor and subcontractor personnel on jobsite. 3) Construction equipment on the jobsite. 4) Observed delays and causes. 5) Weather conditions. 6) Data relative to claims for extras or deductions. 7) Daily activities. 8) Observations pertaining to the progress of the work. 9) Materials received on jobsite. D. Assistance in Certification of Substantial Completion 1. Before Engineer issues a Certificate of Substantial Completion, assist Owner' s Project Representative in developing a list of items observed to require completion or correction. 2. Assist Engineer and Owner' s Project Representative in conducting final inspection in the company of Owner and the Contractor, and prepare a final list of items to be completed or corrected. 3. Verify with Owner' s Project Representative that all items on the final list have been completed or corrected, and make recommendations to Engineer concerning acceptance. Cape Girardeau,MO 070194 A-10 SUPPLEMENTAL SERVICES A. Any Work requested by Owner that is not included in one of the items listed in any other phase will be classified as supplemental services. 6. Supplemental services shall include, but are not limited to: 1. Additional meetings with local , State, or Federal agencies to discuss the project. 2. Additional appearances at public hearings or before special boards. 3. Supplemental engineering Work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this agreement. 4. Special consultants or independent professional associates requested or authorized by Owner. 5. Assistance with bid protests and rebidding. 6. Preparation for litigation, arbitration, or other legal or administrative proceedings; and appearances in court or at arbitration sessions in connection with bid protests, change orders, or construction incidents. 7. Additions to an engineering report to update or revise original recommendations. 8. Provision, through a subcontract, of land and property surveys and property descriptions, including legal property description, as required by the project. 9. Provision, through a subcontract, of the services of a land surveyor to set horizontal and vertical controls at the site and locate existing highway and utility rights-of-way and critical property corners along the pipeline/sewer/access road alignment and to provide additional records on rights-of-way and property information as required. 10. Provision, through a subcontract, of the services of a title company to prepare title reports on each parcel of property on which easements or rights-of-way are required or which is to be purchased. 11. Provision, through a subcontract, of a qualified appraiser to appraise the property rights-of-way and easements to be acquired, and to meet and negotiate with the property owners involved. Cape Girardeau,MO 070194 A-11 12. Engineering assistance to Owner in negotiation meetings and condemnation proceedings. 13. Provision, through a subcontract, of the necessary surveying to re-establish streets to preconstruction grade, and referencing and re-establishing land surveying monuments. In easement or right-of-way areas, marking the easement or right-of-way limits. 14. Provision, through a subcontract, of aerial photography as requested or approved by Owner. 15. Provision, through a subcontract, of photographs or videotapes of the construction site topographic and infrastructure features along pipelines or access roads prior to starting and following completion of construction. 16. Provision, through subcontract(s) , of geotechnical services and reports as required in connection with the design of this project. 17. An environmental assessment report and/or environmental impact statement as requested by Owner or required by review agencies. 18. Provision, through a subcontract, of additional cultural resources or archaeological study and report on the pipeline route(s) . 19. Provision, through a subcontract, of archaeological consulta- tions regarding artifacts that may be uncovered during construction. 20. Provision, through a subcontract, of laboratory and field testing required during construction and of any special reports or studies on materials and equipment requested by Owner. 21. Visits to the construction site or to Owner' s location in excess of the number of such trips and the associated time set forth in other phases. 22. Assistance in financially related transactions for the project. 23. Where field conditions differ from the conditions indicated in the construction contract documents or soil boring reports, preparing sketches of construction work for approval by Owner, to supplement the drawings and specifications as may be required; and providing redesign or relocation information if required by underground obstructions, utilities, or other conditions. Cape Girardeau, MO o�oi9a A-12 24. Services for making revisions to drawings and specifications made necessary by the acceptance of substitutions proposed by the Contractor; and services after the award of contract for evaluating and determining the acceptability of substitutions proposed by the Contractor. 25. Services resulting from significant delays, changes, or price increases caused directly or indirectly by shortages of materials, equipment, or energy. 26. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work by any Contractor, (3) acceleration of the progress schedule involving service beyond normal working hours, (4) default by any Contractor, and (5) failure of the Contractor to complete the work within the construction contract time. 27. Evaluation of unusually complex or unreasonably numerous claims submitted by the Contractor or others in connection with the work. 28. Review and analysis of claims for differing subsurface and physical conditions submitted by the Contractor or others in connection with the work. 29. Changes in the general scope, extent, or character of the project, including, but not limited to: a. Changes in size or complexity. b. Owner' s schedule, design, or character of construction. c. Method of financing. d. Revision of 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, documents, or designs; or are required by any other causes beyond Engineer' s control . Included herein is the design and location of the proposed Upper Cape LaCroix Detention Dam design by the Army Corps of Engineers. Cape Girardeau, MO 070194 A-13 ATTACHMENT B TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Cape Girardeau, Missouri Project: Detention Basin Extension Interceptor Sewer COMPENSATION For the services covered by this Contract, the Owner agrees to pay the Engineer as follows: A. For revisions to the original construction documents, bid and construction phase services; an amount equal to the Engineer' s salary costs times 2.80 plus reimbursable expenses at cost and plus subcontract billings times 1.05. The maximum billed for these services shall not exceed $71 ,000 without further authorization. B. For up to 30 working days of resident services during construction, an amount equal to the Engineer' s salary costs times 2.30 plus reimbursable expenses at cost and plus subcontract billings times 1.05. The maximum billed for these services shall not exceed $18,500 without further authorization. C. For supplemental services, an amount equal to the Engineer' s salary costs times 2.80 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. D. 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 or rental cost basis for vehicles used for short periods. Mileage basis shall be 29 cents per mile. 3. Telegraph costs, long distance telephone costs and project "onsite" telephone costs. 4. Reproduction of reports, drawings, and specifications. 5. Postage and shipping charges for project-related materials. 6. Computer time charges including program use charges. Cape Girardeau, MO 070194 B-1 7. Rental charges for use of equipment, including equipment owned by the Engineer. 8. Cost of acquiring any other materials or services specifically for and applicable to only this project. 9. Subcontract costs including those for soils and geotechnical investigations and reports, testing laboratory services, surveying and mapping services, assistant engineers, other subcontract services. 10. Charges of special consultants requested or authorized by the Owner. 11. Special insurance coverage required by the Owner, including the cost of naming the Owner as an additional insured. 12. Local taxes or fees applicable to the engineering work or payments therefor. 13. Charges for review of drawings and specifications by government agencies, if any. 14. Cost of acquiring any other materials or services specifically for and applicable to only this project. E. The Engineer agrees to use its best efforts to perform the services within the billing limits stated above and in accordance with the agreed upon performance schedules. If, at any time, the Engineer has reason to believe that the cost of the services will be greater or substantially less than the billing limits, the Engineer shall promptly notify the Owner to that effect, giving a revised billing limit for performance of the services. F. 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. G. 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. H. It is understood and agreed that the maximum billings of each of the above items are based on the start of the services being authorized not later than the dates given below. If start of services is not authorized by dates given, it is understood and agreed that the fixed fees and total costs will be adjusted accordingly by a supplement to this Agreement. The authorization dates are as follows: • Final Design, Bid and Preaward July 31 , 1994 Cape Girardeau, MO o�oi9a B-2 • Construction Phase Services November 15, 1994 • Resident Services December 1 , 1994 I . 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. J. It is understood and agreed: That the Engineer shall start the performance of the services listed below within ten calendar days of receipt of the notice to proceed and shall complete the design and update of the contract documents within thirty calendar days of receipt of notice to proceed, pending review and coordination with the Corps of Engineers and State regulatory agencies. Completion of services during the construction phase of the contract is dependent on the construction contractor' s completion. The scheduled completion time for the construction contract is 270 days for Substantial Completion and 300 days for Final Completion; however, there may be justified extensions of time on the construction contract. Construction Phase Services and Resident Services will be completed in the following time periods after completion and acceptance by the Owner of the construction work: Calendar Days for Completion Af ter Service Acceptance bv Owner • Construction Phase Services 62 • Resident Services 62 K. That the Engineer shall keep records on the basis of generally accepted accounting practice of costs and expenses and which records shall be available to inspection at reasonable times. Cape Girardeau,MO o�oi9a B-3 ATTACHMENT C TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Cape Girardeau, Missouri Project: Detention Basin Extension Interceptor Sewer OWNER'S RESPONSIBILITIES The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items: 1 . 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. Data and records required include but are not limited to: 2. Access to public and private property when required in performance of the Engineer' s services. 3. Office desk space for the Engineer' s personnel as required. 4. The services of at least one of the Owner' s employees or staff who has the right of entry to, and who has knowledge of, the existing sanitary sewer system and force mains and general overall facilities operation. 5. Property, boundary, easement, right-of-way, topographic, and utility surveys and property descriptions. 6. Drawings, specifications and geotechnical information provided by the Army Corps of Engineers concerning the proposed Detention Dam. 7. Releases to the news media concerning public hearings prebid conferences preconstruction conferences study and inspection operations by the Engineer' s forces and their time and location time and location of anticipated service interruptions time and location of anticipated street closings or partial closings. 8. Hall or auditorium space for public hearings prebid conferences preconstruction conferences and the audio equipment and projection equipment required for such hearings and/or conferences. 9. Legal advertisement of project letting or bid date and such other publications of the "Invitation To Bid" as desired by the Owner. 10. 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. 11 . Shop, mill , or laboratory inspection of materials, laboratory and field testing, as required in the contract documents, field sampling services. Cape Girardeau, MO 070194 C-1 12. A full-time Resident Project Representative for the duration of the project. 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, operation, equipment, or personnel other than employees of the City. This service will in no way relieve the Contractor of complete supervision and inspection 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 performed by the Owner' s Resident Project Representative are as follows: a. Site Observations and Liaison with Owner and Contractor(s) 1) Conduct onsite observations of the general progress of the work to assist Engineer in determining if the work is proceeding in accordance with the construction contract documents. 2) Serve as Engineer' s liaison with the Contractor, working principally through the Contractor' s superintendent, Engineer' s Resident Project Representative, and assist Engineer in providing interpretation of the construction contract documents. Transmit Engineer' s clarifications and interpretations of the construction contract documents to the Contractor. 3) Assist Engineer in serving as Owner' s liaison with the Contractor when the Contractor's operations affect Owner' s onsite operation. 4) As requested by Engineer, assist in obtaining from Owner additional details or information when required at the jobsite for proper execution of the work. 5) Report to Engineer, giving opinions and suggestions based on the Resident Project Representative' s observations regarding defects or deficiencies in the Contractor' s work and relating to compliance with drawings specifications, and design concepts. 6) Advise Engineer and the 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 Engineer. 7) Monitor changes of apparent integrity of the site (such as differing subsurface and physical conditions, existing structures, and site-related utilities when such utilities are exposed) resulting from construction-related activities. Cape Girardeau, MO 070194 C—2 8) Observe pertinent site conditions when the Contractor maintains that differing subsurface and physical conditions have been encountered, and document actual site conditions. Review and analysis of the Contractor' s claims for differing subsurface and physical conditions are supplemental services. 9) Verify that the Contractor has contacted utilities in the general construction area and advised them of Contractor' s schedule. Assist in coordinating scheduling of utility activities to minimize conflicts with Owner's activities. 10) Establish and furnish the Contractor with necessary baselines and control points which will be used as datum for the work. Actual construction staking will be done by the Contractor. 11) Visually inspect materials, equipment, and supplies delivered to the worksite. Reject materials, equipment, and supplies which do not conform to the construction contract documents. 12) Coordinate onsite materials testing services during construction. Copies of testing results will be forwarded to Owner for review and information. 13) Observe field tests of equipment, structures, and piping, and review the resulting reports, commenting to Engineer, as appropriate. b. Outside Liaison 1) Accompany visiting inspectors representing public or other agencies having jurisdiction over the proJect. Record the names of the inspectors, and the results of the inspections, and report to Engineer. c. Meetings, Reports, and Document Review and Maintenance 1) Attend the preconstruction conference, and assist Engineer in explaining administrative procedures which will be followed during construction. 2) Schedule and attend monthly progress meetings, and other meetings with Owner and the Contractor when necessary, to review and discuss construction procedures and progress scheduling, engineering management procedures, and other matters concerning the project. 3) Submit to Engineer, with a copy to Owner, weekly construction progress reports containing a summary of the Contractor' s progress, general condition of the Cape Girardeau,MO o�oi9a C-3 work, problems, and resolutions or proposed resolutions to problems. 4) Review the progress schedule, schedule of shop drawings submissions, and schedule of values prepared by the Contractor, and consult with Engineer concerning their acceptability. 5) Report to Engineer regarding work which is known to be defective, or which fails any required inspections, tests, or approvals, or has been damaged prior to final payment; and advise Engineer whether the work should be corrected or rejected, or should be uncovered for observation, or requires special testing, inspection, or approval . 6) Review applications for payment with the Contractor for compliance with the established procedure for their submission, and forward them with recommendations to Engineer, noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered at the site, but not incorporated into the work. 7) Record date of receipt of shop drawings and samples. Receive samples which are furnished at the site by the Contractor, and notify Engineer of their availability for examination. 8) During the course of the work, verify that specified certificates, operation and maintenance manuals, and other data required to be assembled and furnished by the Contractor are applicable to the items actually installed; and deliver this material to Engineer for his review and forwarding to Owner prior to final acceptance of the work. 9) Maintain a marked set of drawings and specifications at the jobsite based on data provided by the Contractor. This information will be combined with information from the record documents maintained by the Contractor, and a master set of documents conforming to construction records will be produced. 10) Review certificates of inspections, tests, and related approvals submitted by the Contractor as required by laws, rules, regulations, ordinances, codes, orders, or the Contract Documents (but only to verify 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. Cape Girardeau,MO o�oi9a C-4 11) Maintain the following documents at the jobsite. a) Correspondence files. b) Reports of jobsite conferences, meetings, and discussions among the Engineer, Owner, and Contractor. c) Submittals of shop drawings and samples. d) Reproductions of original construction contract documents. e) Addenda. f) Change orders. g) Field orders. h) Additional drawings issued subsequent to execution of the construction contract documents. i ) Progress reports. j) Names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. 12) Maintain a daily diary or log book of events at the jobsite, including the following information: a) Days the Contractor worked on the jobsite. b) Contractor and subcontractor personnel on jobsite. c) Construction equipment on the jobsite. d) Observed delays and causes. e) Weather conditions. f) Data relative to claims for extras or deductions. g) Daily activities. h) Observations pertaining to the progress of the work. i ) Materials received on jobsite. The diary or log book shall remain the property of Owner. Cape Girardeau,MO o�oi9a C-5 1 � d. Assistance in Certification of Substantial Completion 1. Before Engineer issues a Certificate of Substantial Completion, submit to the Contractor a list of items observed to require completion or correction. 2. Assist Engineer in conducting final inspection in the company of Owner and the Contractor, and prepare a final list of items to be completed or corrected. 3. Verify that all items on the final list have been completed or corrected, and make recommendations to Engineer concerning acceptance. Cape Girardeau,MO 070194 C—6