HomeMy WebLinkAboutRES.242.04-06-1987 i
BILL N0. 87-42 RESOLUTION N0.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT FOR ENGINEERING
SERVICES WITH DELTA ENGINEERING CONSULTANTS ,
INC.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS: _
SECTION 1 . The City Manager on behalf of the City of Cape
Girardeau , Missouri , is hereby authorized to enter into a contract
for engineering services with Delta Engineering Consultants, Inc.
A copy of said contract is attached to this Resolution and made a
part hereof . �
r
PASSED AND ADOPTED THIS DAY OF , 1987.
�
" _.;-. ., � �
f
Francis E. Rhodes , ayor
ATTEST :
�
Alvin M. overink , City Clerk
This document has imrortant legal consequences; consultation with an attorney is encouraged with respect to its
completion or modification.
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FO R
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of April 6 � 1987
bet�veen CITY OF CAPE GIRARDEAU
(OWNER) and
)FLTA ENGINEERING CONSULTANTS„ INC.
(ENGINEER).
OWNER intends to L�) Construct storm drainage improvements between
Broadview and KingshiqhwaY south of Tri-Con Industries ;
( B) c-on�+-Y„�* � securit� fence around the parkinq lot of Tri-Con
rndustries located adjacent to Broadview• and
(C1 construct sti�nlemental security lighting for the parking lot of
Tri-Con Industries located adjacent to Broadview. (hereinaftercalledtheProject).
OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance
of professional engineering services by ENGINEER and the payment for those services by OWNER as set forth
below.
ENGINEER shal) provide professional engineering services for OWNER in all phases of the Project to which this
Agreement applies, serve as OWNER's professional engineering representative for the Project as set forth below
and sha(1 give professional engineering consultation and advice to OWNER during the performance of services
hereunder.
SECTION 1—BASIC SERVICES OF ENGINEER 1.2. Study and Report Phase.
After writien authorization to proceed, ENGINEER
shall:
1.1. General. -
1.2.1. Consult with OWNER to clarify and define
1.1.1. ENGINEER shall perform professional ser- OWNER's requirements for the Project and review
vices as hereinafter stated which include customary available data.
civil, structural, mechanical and electrical engineering
services and customary architectural services inciden- 1.2.2. Advise OWNER as to the necessity of
tal thereto. OWNER's providing or obtaining from others data or
Page 1 of 15__pages
services of the types described in paragraph 3.3, and The duties and responsibilities of ENGINEER during
act as OWNER's representative in connection with any the Preliminary Design Phase are amended and supple-
such services. mented as indicated in paragraph 3 of Exhibit A "Fur-
ther Description of Basic Engineering Services and
1.2.3. Provide analyses of OWNER's needs,planning Related Matters".
surveys, site evaluations and comparative studies of
prospective sites and solutions. 1.4. Final Design Phase.
1.2.4. Provide a general economic analysis of After written authorization to proceed with the Final
OWNER's requirements applicable to various alter- Design Phase, ENGINEER shall:
natives.
1.4.1. On the basis of the accepted preliminary design
1.2.5. Prepare a Report containing schematic layouts, documents and the revised opinion of probable Project
sketches and conceptual design criteria with appropri- Cost, prepare for incorporation in the Contract Docu-
ate exhibits to indicate clearly the considerations in- ments final drawings to show the character and extent
volved and the alternative solutions available to of the Project (hereinafter called "Drawings") and
OWNER and setting forth ENGINEER's findings and S�cifications.
recommendations with opinions of probable costs for
the Project, including Construction Cost, contingen- 1.4.2. Furnish to OWNER such documents and de-
cies, allowances for charges of all professionals and S�gn data as may be required for, and assist in the
consultants, allowances for the cost of land and rights- preparation of, the required documents so that
of-way,compensation for or damages to properties and �WNER may apply for approvals of such governmen-
interest and financing charges (all of which are herein- tal authorities as have jurisdiction over design criteria
after called "Project Costs"). applicable to the Project, and assist in obtaining such
approvals by participating in submissions to and ne-
1.2.6. Furnish five copies of the Report and present gotiations with appropriate authorities.
and review it in person with OWNER.
The duties and responsibilities of ENGINEER during 1•4.3. Advise OWNER of any adjustments to the lat-
the Study and Report Phase are amended and supple- est opinion of probable Project Cost caused by changes
in extent or design requirements of the Project or Con-
mented as indicated in paragraph 2 of Exhibit A "Fur- Struction Costs and furnish a revised opinion of prob-
ther Description of Basic Engineering Services and able Project Cost based on the Drawings and Specifi-
Related Matters". cations.
1.4.4. Prepare for review and approval by OWNER,
1.3. Preliminary Design Phase. his legal counsel and other advisors contract agreement
forms, general conditions and supplementary condi-
After written authorization to proceed with the Prelim- tions, and (where appropriate) bid forms, invitations
inary Design Phase, ENGINEER shall: to bid and instructions to bidders, and assist in the
preparation of other related documents.
1.3.1. In consultation with OWNER and on the basis
of the accepted Report, determine the extent of the 1.4.5. Furnish five copies of the above documents
Project. and present and review them in person with OWNER.
1.3.2. Prepare preliminary design documents consist- The duties and responsibilities of ENGINEER during
ing of final design criteria, preliminary drawings and the Final Design Phase are amended and supplemented
outline specifications. as indicated in paragraph 4 of Exhibit A "Further De-
scription of Basic Engineering Services and Related
1.3.3. Based on the information contained in the pre- Matters".
liminary design documents, submit a revised opinion
of probable Project Costs.
1.5. Bidding or Negotiating Phase.
1.3.4. Furnish five copies of the above preliminary
design documents and present and review them in per- oC Negotiat ng Phase,ENGINEERe ha��th the Bidding
son with OWNER.
Page 2 of _15 pa�es �
1.5.1. Assist OWNER in obtaining bids or negotiating sponsible for the means, methods, techniques, se-
proposals for each separate prime contract for con- quences or procedures of construction selected by
struction, materials, equipment and services. Contractor(s) or the safety precautions and programs
incident to the work of Contractor(s). ENGINEER's
1.5.2. Consult with and advise OWNER as to the efforts will be directed toward providing a greater de-
acceptability of subcontractors and other persons and gree of confidence for OWNER that the completed
organizations proposed by the prime contractor(s) work of Contractor(s) will conform to the Contract
(hereinafter called "Contractor(s)") for those portions Documents, but ENGINEER shall not be responsible
of the work as to which such acceptability is required for the failure of Contracto�s) to perform the work in
by the bidding documents. accordance with the Contract Documents.During such
visits and on the basis of on-site observations ENGl-
1.5.3. Consult with and advise OWNER as to the NEER shall keep OWNER informed of the progress
acceptability of substitute materials and equipment of the work, shall endeavor to guard OWNER against
proposed by Contractor(s) when substitution prior to defects and deficiencies in such work and may disap-
the award of contracts is allowed by the bidding doc- prove or reject work failing to conform to the Contract
uments. Documents.
1.5.4. Assist OWNER in evaluating bids or proposals 1.6.3. Review and approve(or take other appropriate
and in assembling and awarding contracts. action in respect o� Shop Drawings (as that term is
defined in the aforesaid Standard General Conditions)
The duties and responsibilities of ENGINEER during and samples, the results of tests and inspections and
the Bidding or Negotiating Phase are amended and other data which each Contractor is required to submit,
supplemented as indicated in paragraph 5 of Exhibit A but only for conformance with the design concept of
"Fucther Description of Basic Engineering Services the Project and compliance with the information given
and Related Matters". in the Contraci Documents (but such review and ap-
proval or other action shall not extend to means, meth-
ods, sequences, techniques or procedures of construc-
1.6. Construction Phase. tion or to safety precautions and programs incident
thereto); determine the acceptability of substitute ma-
During the Construction Phase ENGINEER shall: terials and equipment proposed by Contractor(s); and
receive and review (for general content as required by
1.6.1. Consult with and advise OWNER and act as the Specifications) maintenance and operating instruc-
his representative as provided in Articles 1 through 17, tions, schedules, guarantees, bonds and certificates of
inclusive, of the Standard General Conditions of the �nspection which are to be assembled by Contractor(s)
Construction Contract No. 1910-8, (1978 edition). The �n accordance with the Contract Documents.
extent and limitations of the duties,responsibilities and
authority of ENGINEER as assigned in said Standard
General Conditions shall not be modified,except to the 1.6.4. Issue all instructions of OWNER to Contrac-
extent provided in paragraph 6 of Exhibit A "Further tor(s);issue necessary interpretations and clarifications
Description of Basic Engineering Services and Related of the Contract Documents and in connection therewith
Matters" and except as ENGINEER may otherwise prepare change orders as required; have authority, as
agree in writing. All of OWNER's instructions to Con- �WNER's representative,to require special inspection
tractor(s)will be issued through ENGINEER who will or testing of the work; act as initial interpreter of the
have authority to act on behalfof OWNER to the extent requirements of the Contract Documents and judge of
provided in said Standard General Conditions except the acceptability of the work thereunder and make de-
as otherwise provided in writing. cisions on all claims of OWNER and Contractor(s)
relating to the acceptability of the work or the inter-
1.6.2. Make visits to the site at intervals appropriate pretation of the requirements of the Contract Docu-
to the various stages of construction to observe as an ments pertaining to the execution and progress of the
experienced and qualified design professional the prog- �'ork;but ENGINEER shall not be liable for the results
ress and quality of the executed work of Contractor(s) of any such interpretations or decisions rendered by
and to determine in general if such work is proceeding him in good faith.
in accordance with the Contract Documents. ENGI-
NEER shall not be required to make exhaustive or 1.6.5. Based on ENGINEER's on-site observations
continuous on-site inspections to check the quality or as an experienced and qualified design professional and
quantity of such work. ENGINEER shall not be re- on review of applications for payment and the accom-
Page 3 of_15_pages
panying data and schedules, determine the amounts SECTION 2—ADDITIONAL SERVICES OF
owing to Contractor(s)and recommend in writing pay- ENGINEER
ments to Contractor(s) in such amounts; such recom-
mendations of payment will constitute a representation
to OWNER, based on such observations and review, 2,1, General
that the work has progressed to the point indicated,
that, to the best of ENGINEER's knowledge, infor- if authorized in writing by OWNER,ENGINEER shall
mation and belief, the quality of such work is in accor- furnish or obtain from others Additional Services of
dance with the Contract Documents(subject to an eval- the following types which are not considered normal
uation of such work as a functioning Project upon Sub- or customary Basic Services except to the extent pra
stantial Completion, to the results of any subsequent vided otherwise in Exhibit A "Further Description of
tests called for in the Contract Documents, and to any gasic Engineering Services and Related Matters";
qualifications stated in his recommendation), and that these will be paid for by OWNER as indicated in Sec-
payment of the amount recommended is due Con- tion 5.
tracior(s); but by recommending any payment ENGI-
NEER will not thereby be deemed to have represented 2,1.1. Preparation of applications and supporting
that continuous or exhaustive examinations have been documents for governmental grants,loans or advances
made by ENGINEER to check the quality or quantity in connection with the Project; preparation or review
of the work or to review the means, methods, se- of environmental assessments and impact statements;
quences, techniques or procedures of construction or review and evaluation of the effect on the design re-
safety precautions or programs incident thereto or that yuirements of the Project of any such statements and
ENGINEER has made an examination to ascertain documents prepared by others; and assistance in ob-
how or for what purposes any Contractor has used the taining approvals of authorities having jurisdiction over
moneys paid on account of the Contract Price, or that the anticipated environmental impact of the Project.
title to any of the work, materials or equipment has
passed to OWNER free and clear of any lien, claims, 2,1.2. Services to make measured drawings of or to
security interests or encumbrances, or that Contrac- �vestigate existing conditions or facilities, or to verify
tor(s)have completed their work exactly in accordance the accuracy of drawings or other information fur-
with the Contract Documents. nished by OWNER.
2.1.3. Services resulting from significant changes in
1.6.6. Conduct an inspection to determine if the Proj- extent of the Project or its design including, but not
ect is substantially complete and a final inspection to Iimited to, changes in size, complexity, OWNER's
determine if the work has been completed in accor- schedule, or character of construction or method of
dance with the Contract Documents and if each Con- financing; and revising previously accepted studies,
tractor has fulfilled all of his obligations thereunder so reports, design documents or Contract Documents
that ENGINEER may recommend, in writing, final when such revisions are due to causes beyond ENGI-
payment to each Contractor and may give written no- NEER's control.
tice to OWNER and the Contractor(s)that the work is
acceptable (subject to any conditions therein ex- 2,1.4. Providing renderings or models for OWNER's
pressed), but any such recommendation and notice use.
shall be subject to the limitations expressed in para-
graph 1.6.5. 2.1.5. Preparing documents for alternate bids re-
quested by OWNER for Contractor(s)' work tivhich is
not executed or documents for out-of-sequence work.
1.6.7. ENGINEER shall not be responsible for the
acts or omissions of any Contractor, or subcontractor, 2.1.6. Investigations involving detailed consideration
or any of the Contractor(s)' or subcontractors' agents of operations, maintenance and overhead expenses;
or employees or any other persons (except ENGI- providing Value Engineering during the course of de-
NEER's own employees and agents)at the site or oth- sign; the preparation of feasibility studies, cash flow
erwise performing any of the Contractor(s)'work;how- and economic evaluations, rate schedules and apprais-
ever, nothing contained in paragraphs 1.6.1 thru 1.6.7, als; assistance in obtaining financing for the Project;
inclusive, shall be construed to release ENGINEER evaluating processes available for licensing and assist-
from liability for failure to properly perform duties un- ing OWNER in obtaining process licensing; detailed
dertaken by him in the Contract Documents. quantity surveys of material,equipment and labor;and
Page 4 of_15_pages
audits or inventories required in connection with con- (3) prolongation of the contract time of any prime con-
struction performed by OWNER. tract by more than sixty days, (4) acceleration of the
progress schedule involving services beyond normal
2.1.7. Furnishing the services of special consultants working hows, and(5) default by Contractor(s).
for other than the normal civil, structural, mechanical
and electrical engineering and normal architectural de- 2.1.14. Preparation of operating and maintenance
sign incidental thereto, such as consultants for interior manuals; protracted or extensive assistance in the uti-
design, furniture, furnishings,communications,acous- lization of any equipment or system (such as initial
tics, kitchens and landscaping; and providing data or startup, testing, adjusting and balancing); and training
services of the types described in paragraph 3.3 when personnel for operation and maintenance.
OWNER authorizes ENGINEER to provide such data
or services in lieu of furnishing the same in accordance 2.1.15. Services after completion of the Construction
with paragraph 3.3. Phase,such as inspections during any guarantee period
and reporting observed discrepancies under guarantees
2.1.8. Services resulting from the award of more sep- called for in any contract for the Project.
arate prime contracts for construction, materials,
equipment or services for the Project than are contem- 2.1.16. Preparing to serve or serving as a consultant
plated by paragraph 5.1.1.2, and services resulting or witness for OWNER in any litigation,public hearing
from the ananging for performance by persons other or other legal or administrative proceeding involving
than the principal prime contractors of services for the the Project(except as agreed to under Basic Services).
OWNER and administering OWNER's contracts for
such services. 2.1.17. Additional services in connection with the
Project, including services normally furnished by
2.1.9. Providing any type of field surveys €or design OWNER and services not otherwise provided for in
purposes and engineering surveys and staking to enable this Agreement.
Contractor(s)to proceed with their work;and providing
other special field surveys.
2.2. Resident Services During Construction.
2.1.10. Services in connection with change orders to
reflect changes requested by OWNER if the resulting 2,2,1. If requested by OWNER or recommended by
change in compensation for Basic Services is not com- ENGINEER and agreed to in writing by the other, a
mensurate with the additional services rendered, ser- Resident Project Representative will be furnished,and
vices after the award of each contract in evaluating �,�ll act as directed by ENGINEER in order to assist
substitutions proposed by Contractor(s),and in making ENGINEER in observing performance of the work of
revisions to Drawings and Specifications occasioned Contractor(s). Such services will be paid for by
thereby, and services resulting from significant delays, OWNER as indicated in paragraph 5.1.2.4.
changes or price increases occurring as a direct or
indirect result of material, equipment or energy short- 2,2,2, The duties and responsibilities and the limita-
ages. tions on the authority of the Resident Project Repre-
sentative and assistants will be set forth in Exhibit B
2.1.11. Services during out-of-town travel required of which is to be identified, attached to and made a part
ENGINEER other than visits to the site as required of this Agreement before such services begin.
by Section 1.
2.2.3. Through more extensive on-site observations
2.1.12. Preparing for OWNER, on request, a set of of ihe work in progress and field checks of materials
reproducible record prints of Drawings showing those and equipment by the Resident Project Representative
changes made during the construction process, based (if furnished) and assistants, ENGINEER shall en-
on the marked-up prints, drawings and other data fur- deavor to provide further protection for OWNER
nished by Contractor(s)to ENGINEER and which EN- against defects and deficiencies in the work of Con-
GINEER considers significant. tractor(s); but the furnishing of such resident Project
representation will not make ENGINEER responsible
2.1.13. Additional or extended services during con- for construction means, methods, techniques, se-
struction made necessary by (1) work damaged by fire quences or procedures or for safety precautions or
or other cause during construction, (2) a significant programs, or for Contractor(s)' failure to perform their
amount of defective or neglected work of Contractor(s), work in accordance with the Contract Documents.
Page 5 of_15_pages
2.2.4. If OWNER designates another person to rep- 3.5. Arrange for access to and make all provisions
resent OWNER at the Project site who is not ENGI- for ENGINEER to enter upon public and private prop-
NEER's agent or employee,the duties,responsibilities erty as required for ENGINEER to perform his
and limitations of authority of such other person and services.
the effect thereof on the duties and responsibilities of
ENGINEER under this Agreement will be set forth in 3.6. Examine all studies, reports, sketches, Draw-
an exhibit that is to be identified, attached to and made ings, Specifications, proposals and other documents
a part of this Agreement before such services begin. presented by ENGINEER, obtain advice of an attor-
ney, insurance counselor and other consultants as
OWNER deems appropriate for such examination and
render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of
ENGINEER.
SECTION 3—OWNER'S RESPONSIBILITIES
3.7. Furnish approvals and permits from all govern-
mental authorities having jurisdiction over the Project
OWNER shall: and such approvals and consents from others as may
be necessary for completion of the Project.
3.1. Provide all criteria and full information as to
OWNER's requirements for the Project, including de- 3.8. Provide such accounting, independent cost esti-
sign objectives and constraints, space, capacity and mating and insurance counseling services as may be
performance requirements, flexibility and expandabil- required for the Project, such legal services as OWNER
ity, and any budgetary limitations; and furnish copies may require or ENGINEER may reasonably request
of all design and construction standards which with regard to legal issues pertaining to the Project
OWNER will require to be included in the Drawings including any that may be raised by Contractor(s),such
and Specifications. auditing service as OWNER may require to ascertain
how or for what purpose any Contractor has used the
3.2. Assist ENGINEER by placing at his disposal all moneys paid to him under the construction contract,
available information pertinent to the Project including and such inspection services as OWNER may require
previous reports and any other data relative to design to ascertain that Contractor(s)are complying with any
or construction of the Project. law, rule or regulation applicable to their performance
of the work.
3.3. Furnish to ENGINEER, as required for perfor-
mance of ENGINEER's Basic Services (except to the 3.9. Designate in writing a person to act as OWNER's
extent provided otherwise in Exhibit A "Further De- representative with respect to the services to be ren-
scription of Basic Engineering Services and Related dered under this Agreement. Such person shall have
Matters"), data prepared by or services of others, in- complete authority to transmit instructions, receive in-
cluding without limitation core borings, probings and formation, interpret and define OWNER's policies and
subsurface explorations, hydrographic surveys, labo- decisions wiih respect to materials, equipment, ele-
ratory tests and inspections of samples, materials and ments and systems pertinent to ENGINEER's ser-
equipment; appropriate professional interpretations of vices.
all of the foregoing;environmental assessment and im-
pact statements; property, boundary, easement, right- 3.10. Give prompt written notice to ENGINEER
of-way, topographic and utility surveys; property de- �,henever OWNER observes or otherwise becomes
scriptions; zoning, deed and other land use restriction; aware of any development that affects the scope or
and other special data or consultations not covered in timing of ENGINEER's services, or any defect in the
Section 2; all of which ENGINEER may rely upon in �,ork of Contractor(s).
performing his services.
3.4. Provide field control surveys and establish ref- 3.11. Furnish,or direct ENGINEER to provide, nec-
erence points and base lines (except to the extent pro- essary Additional Services as stipulated in Section 2
vided otherwise in Exhibit A "Further Description of of this Agreement or other services as required.
Basic Engineering Services and Related Matters") to
enable Contractor(s) to proceed with the layout of the 3.12. Bear all costs incident to compliance with the
work. requirements of this Section 3.
Page 6 of 15_pages
SECTION 4—PERIOD OF SERVICE OWNER for final acceptance,plus such additional time
as may be considered reasonable for obtaining approval
of governmental authorities having jurisdiction over
4.1. The provisions of this Section 4 and the various
design criteria applicable to the Project.
rates of compensation for ENGINEER's services pro- 4.6. After acceptance by OWNER of the ENGI-
vided for elsewhere in this Agreement have been agreed NEER's Drawings, Specifications and other Final De-
to in anticipation of the orderly and continuous prog- sign Phase documentation including the most recent
ress of the Project through completion of the Construc- opinion of probable Project Cost and upon written au-
tion Phase. ENGINEER's obligation to render services thorization to proceed,ENGINEER shall proceed with
hereunder will extend for a period which may reason- ��ormance of the services called for in the Bidding
ably be required for the design, award of contracts and or Negotiating Phase. This Phase shall terminate and
construction of the Project including extra work and the services to be rendered thereunder shall be consid-
required extensions thereto. ered complete upon commencement of the Construc-
tion Phase or upon cessation of the negotiations with
4.2. The services called for in the Study and Report prospective Contractor(s)(except as may be otherwise
Phase will be completed and the Report submitted required to complete the services called for in para-
within the stipulated period indicated in paragraph 2 graph 6.2.2.5).
of Exhibii A"Further Description of Basic Engineering
Services and Related Matters" after authorization to 4 � The Construction Phase will commence with the
proceed with that phase of services. execution of the first prime contract to be executed for
4.3. After acceptance by OWNER of the Study and the work of the Project or any part thereof, and will
Report Phase documents indicating any specific mod- terminate upon written approval by ENGINEER of
ifications or changes in the extent of the Project desired final payment on the last prime contract to be com-
pleted. Construction Phase services may be rendered
by OWNER, and upon written authorization from at different times in respect of separate prime contracts
OWNER, ENGINEER shall proceed with the perfor- �f the Project involves more than one prime contract.
mance of the services called for in the Preliminary
Design Phase,and shall submit preliminary design doc-
uments and a revised opinion of probable Project Cost 4.8. If OWNER has requested significant modifica-
within the stipulated period indicated in paragraph 3 tions or changes in the extent of the Project, the time
of Exhibit A"Further Description of Basic Engineering of performance of ENGINEER's services and his var-
Services and Related Matters" after authorization to ious rates of compensation shall be adjusted appropri-
proceed with that phase of services. ately.
4.4. After acceptance by OWNER of the Preliminary 4.9. If OWNER fails to give prompt written authori-
Design Phase documents and revised opinion of prob- zation to proceed with any phase of services after com-
able Project Cost, indicating any specific modifications pletion of the immediately preceding phase, or if the
or changes in the extent of the Project desired by Construction Phase has not commenced within 90
OWNER, and upon written authorization from calendar days (plus such additional time as may be
OWNER, ENGINEER shall proceed with the perfor- required to complete the services called for under para-
mance of the services called for in the Final Design graph 6.2.2.5) after completion of the Final Design
Phase; and shall deliver Contract Documents and a Phase, ENGINEER may,after giving seven days' writ-
revised opinion of probable Project Cost for all work ten notice to OWNER, suspend services under this
of Contractor(s) on the Project within the stipulated Agreement.
period indicated in paragraph 4 of Exhibit A "Further
Description of Basic Engineering Services and Related 4.10. If ENGINEER's services for design or during
Matters"after authoriaation to proceed with that phase construction of the Project are delayed or suspended
of services. in whole or in part by OWNER for more than three
months for reasons beyond ENGINEER's control,
4:5. ENGINEER's services under the Study and Re- ENGINEER shall on written demand to OWNER(but
port Phase, Preliminary Design Phase and Final Design without termination of this Agreement)be paid as pro-
Phase shall each be considered complete at the earlier vided in paragraph 5.3.2. If such delay or suspension
of (1) the date when the submissions for that phase extends for more than one year for reasons beyond
have been accepted by OWNER or(2)thirty days after ENGINEER's control, or if ENGINEER for any rea-
the date when such submissions are delivered to son is required to render services more than one year
Page 7 of_15_pages
after Substantial Completion,the various rates of com- ating and Construction Phases in order to sequence
pensation provided for elsewhere in this Agreement and coordinate properly such services as applicable to
shall be subject to renegotiation. the work under such separate contracts.This schedule
is to be prepared whether or not the work under such
4.11. In the event that the work designed or specified contracts is to proceed concurrently and is to be in-
by ENGINEER is to be performed under more than claded in Exhibit A "Further Description of Basic En-
one prime contract, OWNER and ENGINEER shall, gineering Services and Related Matters," and the pro-
prior to commencement of the Final Design Phase, visions of paragraphs 4.4 through 4.10 inclusive, will
develop a schedule for pecformance of ENGINEER's be modified accordingly.
services during the Final Design, Bidding or Negoti-
[The remainder of this page was left blank intentionally.]
Page 8 of_15_pages
LUMP SUM METHOD OF PAYMENT
SECTION 5 -- PAYMENTS TO THE ENGINEER
� 5. 1 Methods of Payment for Services and Expenses of ENGINEER
5. 1. 1 . Lump Sum Fees:
The OWNER shall pay the ENGINEER the following LUMP SUM FEE for each of the
three segments of the project scope:
A. Storm Drainage:
A-1 ) DESIGN PHASE Engineering Services for the storm drainage
improvements between Broadview and Kingshighway south of Tri-Con
Industries in general as indicated in the July 8, 1986,
Preliminary Engineering Report, such services to include : the
BASIC SERVICES of the Design Phase under Subsection 1 .4; and the
ADDITIONAL SERVICES of preparing property descriptions for the
required easements, performing the field survey needed for design
purposes, and establishing horizontal and vertical control
reference points under Paragraph 2. 1 . 9, excluding construction
staking , all for the LUMP SUM fee of : ( $ 16, 747.00)
Sixteen thousand seven hundred forty-seven & 00/100 ------ dollars
A-2) BIDDING PHASE & CONSTRUCTION PHASE Engineering Services for the
storm drainage improvements between Broadview and Kingshighway
south of Tri-Con Industries in general as indicated in the July 8,
1986 Preliminary Engineering Report, such services to include : the
BASIC SERVICES of the Bidding & Negotiating Phase under Subsection
1 . 5 and the Construction Phase under Subsection 1 .6 ; and the
ADDITIONAL SERVICES of Resident Services during Construction under
Subsection 2. 2, all for the LUMP SUM fee of : ( $ 12 , 560.00)
Twelve thousand five hundred sixty & 00/100 -------------- dollars
B. Security Fence:
B-1 ) DESIGN PHASE Engineering Services for the security fence around
the parking lot of Tri-Con Industries located adjacent to
Broadview in general as indicated in the July 8, 1986, Preliminary
Engineering Report, such services to include: the BASIC SERVICES
of the Design Phase under Subsection 1 .4 ; and the ADDITIONAL
SERVICES of preparing property descriptions for the required
temporary construction easements, performing the field survey
needed for design purposes, and establishing horizontal and
vertical control reference points under Paragraph 2. 1 . 9, excluding
construction staking , all for the LUMP SUM fee of : ( $ 1 , 804.00)
One thousand eight hundred four & 00/100 ----------------- dollars
B-2) BIDDING AND CONSTRUCTION PHASE Engineering Services for security
fence around the parking lot of Tri-Con Industries located
adjacent to Broadview in general as indicated in the July 8, 1986,
Preliminary Engineering Report, such services to include : the
BASIC SERVICES of the Bidding & Negotiating Phase under Subsection
1 . 5 and the Construction Phase under Subsection 1 . 6; and the
ADDITIONAL SERVICES of Resident Services during Construction under
Subsection 2. 2, all for the LUMP SUM fee of : ( $ 1 , 353. 00)
One thousand three hundred fifty-three & 00/100 ---------- dollars
5. 1 . 1 . Lump Sum Fee (Continued) :
C. Security Lighting :
C-1 ) DESIGN PHASE Engineering Services for the security lighting for
the parking lot of Tri-Con Industries located adjacent to
Broadview in general as indicated in the July 8, 1986, Preliminary
Engineering Report, such services to include: the BASIC SERVICES
of the Design Phase under Subsection 1.4; and the ADDITIONAL
SERVICES of preparing property descriptions for the required
temporary construction easements, performing the field survey
needed for design purposes, and establishing horizontal and
vertical control reference points under Paragraph 2. 1 . 9, excluding
construction staking, all for the LUMP SUM fee of: ( $ 3 , 178.00)
Three thousand one hundred seventy-eight & 00/100 -------- dollars
C-2) BIDDING AND CONSTRUCTION PHASE Engineering Services for security
lighting for the parking lot of Tri-Con Industries located
adjacent to Broadview in general as indicated in the July 8, 1986,
Preliminary Engineering Report� such services to include: the
BASIC SERVICES of the Bidding & Negotiating Phase under Subsection
1 . 5 and the Construction Phase under Subsection 1.6; and the
ADDITIONAL SERVICES of Resident Services During Construction under
Subsection 2. 2 , all for the LUMP SUM fee of : ( $ 2 , 383.00)
Two thousand three hundred eighty-three & 00/100 --------- dollars
The following services are not included in the above LUMP SUM FEES:
Services for the settlement of property line disputes ;
Litigation or support of other legal proceedings;
Construction Phase services for construction work beyond the original
contract construction time in the construction contract ;
Excessive performance problems with a construction contractor; or
Any other unusual conditions not normally part of conventional Design,
Bidding or Negotiation, or Construction Phases of a construction
project.
(The remainder of this page was left blank intentionally)
5. 1 . 2. Additional Fees -- Unit Price:
The OWNER shall pay the ENGINEER the following additional UNIT PRICE FEES
for services required, that are not included under the LUMP SUM FEES, at the
following UNIT PRICES:
Employees of the ENGINEER
The fees charged for services by technical and administrative
employees of the ENGINEER, including individuals under personal
services contract and Independent Associates of the ENGINEER�
shall be at the following hourly rates. Such fees shall include
all personnel expenses normally associated with such services
including: mileage , travel expenses, meals ,- lodging , materials ,
and supplies. Materials and personnel expenses in excess of those
normally associated with such services shall be charged to the
OWNER at the direct cost of the ENGINEER.
Category Personnel Description Hourly Rate
I . This Category includes: all employees of $ 32.40
the ENGINEER with an equivalent annual pay
rate of up to $30, 000 (based upon 2, 088 paid
hours per year for full-time employees) ;
and all individuals obtained under personal
services contract with an hourly rate to the
ENGINEER up to $30. 00.
II . This Category includes: all employees of $ 64.80
the ENGINEER with an equivalent annual pay
rate of $30, 000 or more (based upon 2, 088 paid
hours per year for full-time employees) ; and
all individuals obtained under personal
services contract with an hourly rate to the
ENGINEER of $30. 00 or more; and all
Independent Associates of the ENGINEER.
The above hourly rates shall increase at the rate of eight percent
( S� ) per year compounded and effective on January lst of each
year.
Su�contractors of the ENGINEER
Professional , technical , or administrative subcontractors of the
ENGINEER, in addition to those included in the above hourly rate,
shall be charged to the OWNER at the actual cost to the ENGINEER
plus fifteen percent ( 15� ) . Survey crews obtained by subcontract
shall be charged at the hourly rates per individual above for each
survey crew member.
Testing Services
The price of testing services shall be according to the ENGINEER ' s
"ANNUAL UNIT PRICE SCHEDULE FOR TESTING SERVICES" . The schedule
is to be provided to the OWNER prior to performing any testing and
the annual changes in testing unit prices shall be provided to the
OWNER. The testing unit prices are in addition to the personnel
hourly rates indicated above . The ENGINEER may subcontract
testing to outside laboratories.
PaQe 11 of 15
5 . 2 Authorization and Performance of Services:
Services shall be provided if approved by authorized representatives for
each party prior to beginning the task. The ENGINEER shall schedule
personnel and services according to the requirements of the task and the
availability of personnel . Once authorized to proceed with a task, the
ENGINEER shall be permitted to expend the personnel time and services
necessary to completely perform the requirements for the task according to
sound ethical and professional practices, including full-time resident
inspection of contract construction of projects designed by the ENGINEER.
5. 3 Billing and Payment:
Prorated LUMP SUM FEES and accumulated UNIT PRICE FEES shall be paid to the
ENGINEER by the OWNER in full within thirty ( 30) calendar days after the
date of billing. The billing period shall be monthly with the closing
period on the 15th calendar day of each month. Any unpaid balance shall
accrue interest at the rate of 0.05 percent per day beginning with the
thirty-first calendar day after the date of billing and the ENGINEER shall
have the right to discontinue providing services after that date, regardless
of the state of completion of the project.
5. 4 Liability Limitation & Surcharge:
The OWNER agrees to limit the ENGINEER ' s liability to the OWNER and to all
other parties affected by these services, due to the ENGINEER's professional
negligent acts, errors or omissions, such that the total aggregate liability
of the ENGINEER to those named shall not exceed fifty thousand dollars
( $50, 000) . By Attachment or Amendment to this Agreement, the liability
limitation can be expanded to five hundred thousand dollars ( $500, 000) in
return for a ten percent ( 10$) surcharge on the total fees; however� this
adjustment must be made prior to beginning work on the project. �
(The remainder of this page was left blank intentionally. )
Pa�e 12 of 15
SECTION 6—CONSTRUCTION COST AND on the basis of his experience and qualifications and
OPINIONS OF COST represent his best judgment as an experienced and qual-
ified professional engineer, familiar with the construc-
tion industry; but ENGINEER cannot and does not
guarantee that proposals,bids or actual Project or Con-
6.1. Construction Cost. struction Cost will not vary from opinions of probable
The construction cost of the entire Project (herein re- cost prepared by him. If prior to the Bidding or Nega
ferred to as "Construction Cost") means the total cost tiating Phase OWNER wishes greater assurance as to
of the entire Project to OWNER, but it will not include Project or Construction Cost he shall employ an inde-
ENGINEER's compensation and expenses, the cost Pendent cost estimator as provided in paragraph 3.8.
of land,rights-of-way,or compensation for or damages -
to, properties unless this Agreement so specifies, nor 6.2.2. If a Construction Cost limit is established by
will it include OWNER's legal, accounting, insurance written agreement between OWNER and ENGI-
counseling or auditing services, or interest and financ- NEER, the following will apply:
ing charges incurred in connection with the Project.
[Construction Cost is one of the items comprising Proj- 6.2.2.1. The acceptance by OWNER at any time
ect Costs which is defined in paragraph 1.2.5.] When during the Basic Services of a revised opinion of
Construction Cost is used as a basis for payment it will probable Project or Construction Cost in excess of
be based on one of the foilowing sources with prece- the then established cost limit will constitute a cor-
dence in the order listed for work designed or specified responding revision in the Construction Cost limit
by ENGINEER: to the extent indicated in such revised opinion.
6.1.1. For completed construction work the total 6.2.2.2. Any Construction Cost limit so established
costs of all work performed as designed or specified will include a contingency of ten percent unless an-
by ENGINEER. other amount is agreed upon in writing.
6.1.2. For work designed or specified but not con- 6.2.2.3. ENGINEER will be permitted to deter-
structed,the lowest bona fide bid received from a qual- mine what materials, equipment, component sys-
ified bidder for such work; or, if the work is not bid, tems and types of construction are to be included in
the lowest bona fide negotiated proposal for such work. the Drawings and Specifications and to make reason-
able adjustments in the extent of the Project to bring
6.1.3. For work designed or specified but not con- it within the cost limit.
structed upon which no such bid or proposal is re-
ceived, the most recent estimate of Construction Cost, 6.2.2.4. If the Bidding or Negotiating Phase has not
or, if none is available, ENGINEER's most recent commenced within six months after completion of
opinion of probable Construction Cost. the Final Design Phase,the established Construction
Cost limit will not be binding on ENGINEER, and .
Labor furnished by OWNER for the Project will be OWNER shall consent to an adjustment in such cost
included in the Construction Cost at current market limit commensurate with any applicable change in
rates including a reasonable allowance for overhead the general level of prices in the construction indus-
and profit. Materials and equipment furnished by try between the date of completion of the Final De-
OWNER will be included at current market prices. No sign Phase and the date on which proposals or bids
deduction is to be made from ENGINEER's compen- are sought.
sation on account of any penalty, liquidated damages,
or other amounts withheld from payments to Contrac- 6.2.2.5. If the lowest bona fide proposal or bid ex-
tor(s). ceeds the established Construction Cost limit,
OWNER shall (1) give written approval to increase
6.2. Opinions of Cost. such cost limit,(2)authorize negotiating or rebidding
the Project within a reasonable time,or(3)cooperate
6.2.I. Since ENGINEER has no control overthe cost in revising the Project's extent orquality. In the case
of labor, materials,equipment or services furnished by of(3), ENGINEER shall, without additional charge,
others, or over the Contractor(s)' methods of deter- modify the Contract Documents as necessary to
mining prices, or over competitive bidding or market bring the Construction Cost within the cost limit.
conditions, his opinions of probable Project Cost and 'The providing of such service will be the limit of
Construction Cost provided for herein are to be made ENGINEER's responsibility in this regard and, hav-
Page 13of 15_pages
ing done so, ENGINEER shall be entitled to pay- 7.3. Controlling I.aw.
ment for his services in accordance with this Agree-
ment. This Agreement is to be governed by the law of the
principal place of business of ENGINEER.
SECTION 7—GENERAL CONSIDERATIONS 7.4. Successors and Assigns.
7.4.1. OWNER and ENGINEER each binds himself
7.1. Termination. and his partners, successors, executors, administra-
tors,assigns and legal representatives to the other party
The obligation to provide further services under this to this Agreement and to the partners, successors, ex-
Agreement may be terminated by either party upon ecutors, administrators, assigns and legal representa-
seven days' written notice in the event of substantial tives of such other party, in respect to all covenants,
failure by the other party to perform in accordance agreements and obligations of this Agreement.
with the terms hereof through no fault of the terminat-
ing party. 7.4.2. Neither OWNER nor ENGINEER shall as-
sign, sublet or transfer any rights under or interest in
7.2. Reuse of Documents. (including, but without limitation, moneys that may
become due or moneys that are due) this Agreement
All documents including Drawings and Specifications without the written consent of the other, except as
prepared by ENGINEER pursuant to this Agreement stated in paragraph 7.4.1 and except to the extent that
are instruments of service in respect of the Project. the effect of this limitation may be restricted by law.
They are not intended or represented to be suitable for Unless specifically stated to the contrary in any written
reuse by OWNER or others on extensions of the Proj- consent to an assignment, no assignment will release
ect or on any other project. Any reuse without written or discharge the assignor from any duty or responsi-
verification or adaptation by ENGINEER for the spe- bility under this Agreement. Nothing contained in this
cific purpose intended will be at OWNER's sole risk paragraph shall prevent ENGINEER from employing
and without liability or legal exposure to ENGINEER; such independent consultants, associates and subcon-
and OWNER shall indemnify and hold harmless EN- tractors as he may deem appropriate to assist him in
GINEER from all claims, damages, losses and ex- the performance of services hereunder.
penses including attorneys' fees arising out of or re-
sulting therefrom. Any such verification or adaptation 7.4.3. Nothing herein shall be construed to give any
wili entitle ENGINEER to further compensation at righis or benefits hereunder to anyone other than
rates to be agreed upon by OWNER and ENGINEER. OWNER and ENGINEER.
[The remainder of this page was left blank intentionally.]
Page�4 of_1_5_pages
Revised 4/]0/79
SEC7ION 8—SPECIAL PROVISIONS, EXHIBITS and SCHEDULES.
8.1. This Agreement is subject to the following special provisions.
8•1•1• The OWNER agrees that changes from the ENGINEER' s construction
designs will be required during the actual construction and that such
changes typically amount to twelve percent ( 12$) of the total construction
cost. -
The OWER agrees that the ENGINEER shall not be required to provide
design services without also providing resident services during
construction.
8.2. The following Exhibits are attached to and made a part of this Agreement:
8.2.1. Exhibit A "Further Description of Basic Engineering Services and Related Matters" consisting of
1 pages.
8.2.2. Exhibit B "Duties, Responsibilities and Limitations of Authority of Resident Project Representative"
consisting of 2 pages.
8.2.3.None
8.3. This Agreement (consisting of pages 1 to 15 , inclusive), together with the Exhibits and schedules
identified above constitute the entire agreement between OWNER and ENGINEER and supersede all prior
written or oral understandings. This Agreement and said Exhibits and schedules may only be amended,
supplemented, modified or cancelled by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year
first above written.
OWNER: ENGINEER:
CITY OF CAPE GIRARDEAU, MISSOURI DELTA ENGINEERING CONSULTANTS IN .
;
/�i�v�I/Ac � �„vr�,�
Page 15of 7�5 _ pages
EXHIBIT "A" BASIC SERVICES
The BASIC SERVICES and limited ADDITIONAL SERVICES included under the LUMP
SUM FEE portion of this Agreement are defined in Section 5.
Exhibit B to Agreement Between Owner
and Engineer for Professional Services,
dated _ , 19 �__ _
(for use with No. 1910-1, 1979 Edition). -
Duties, Responsibilities and Limitations of Authority
of Resident Project Representative
A. General.
Resident Project Representative is ENGINEER's Agent, will act as directed by and under the supervision of ENGI-
NEER, and will confer with ENGINEF,R rcgarding his actions. Resident Project Representative's dealings in matter�
pertaining to the on-site Work shall in general be only with ENG[NEER and CONTRAC'TOR, and dealings with
subcontractors shall only be through or with the full knowledge of CONTRACTOR. Written communication with
OWNER will be only through or as directed by ENGINEER.
B. Duties and Responsibilities.
Resident Project Representative will:
l. Schedules: Review the progress schedute, schedule of Shop Drawing submissions and schedule of values prepared
by CONTRACTOR and consult with ENGINEER concerning their acceptability.
2. Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences
as required in consultation with ENGINEF.R and notify thosc cxpectcd to attend in advance. Attend meetings, and
maintain and circulate copies of minutes thereof. .
3. Liuisnn:
a. Serve as ENGMEER's liaiwn with ('ON7'RACTOR, working principally through CONTRACTOR's superintcn-
dent and assist him in understanding the intent of the Contract Documents.Assist ENGINEER in serving as OWNER's
liaison with CONTRACTOR when CONTRACTOR's operations aPfect OWNER's on-site operations.
b. As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required
at the job site for proper execution of the Work.
4. Shop DruH�ings und Sumples:
a. Receive and record date of receipt of 3hup Drawings end samples,receive samples which are furnished at the site
by CONTRACTOR,and notify ENGINEER of their availability for examination.
b. Advise ENGINEER and CONTRACTOR or its superintendent immediately of the commencement of any Wark
requiring a Shop Drawing or sample suhmistiion if the submission has not been approved by ENGINEER.
S. Rerie�r of Work. Rejer�iun of Dcfec7ir�• Wr�rk. /�lsprrriun.e und Tests:
a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is proceeding
in accordance with the Contract Documents and that completed Work will conform to the Contract Documents.
b. Report to ENGINEER whenever he believeti th�it any Work is unsatisfactory, faulty or defective or does not
conform to the Contract Documents,or does not meet the requirements of any inspections,tests or approval required
to be made or has been damaged prior to final payment; and advise ENGINEER when he believes Work should be
corrected or rejected or should be uncovered for ubscrv;►tion,or requires special testing, inspection or approval.
c. Verify that tests, equipment end systems startups and operating and maintenance instructions are conducted ati
required by the Contract Documentti and in presence of the required personnel, and that CONTRACTOR maintains
adequate records thereof;c�hserve,recur�an�rc�un tu t:NGINF.ER appropriate details relative to the test procedures
anJ stertups.
d. Accumpany visiting inspectors represcnting puhlic ur other agencies having jurisdiction over the Project. recurd
the outcome of these inspections and report to ENGINEER.
cQ 1979 by National Society uf F'rofes�ie�nal fingineern,2029 K St..N.W.,Washington,D.C. 20006
NSP�/ACEC/ASCE Publication No. 1910-I-A
1979 Edition
6. lnterpretation vjContract Doc•uments: Transmit to CONTRACTOR ENGINEER's clarifications and interpretations
of the Contraci Documents.
7. Modifrcations: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications
and report them with recommendations to ENGINEER.
8. Records:
a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples
submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, addi-
tional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations
of the Contract Documents, progress reports,and other Project related documents. -
b. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras
or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors,
daily activities, decisions,observations in general and specific observations in more detail as in the case of observing
test procedures. Send copies to ENGINEER.
c. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of
materials and equipment.
9. Reports:
a. Furnish ENGINEER periodic reports as required ofprogress ofthe Work and CONTRACTOR's compliance with the
approved progress schedule and schedule of Shop Drawing submissions.
b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the
work.
c. Report immediately to ENGINEER upon the occurrence of any accident.
10. Payment Requisirions: Review applications for payment with 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 incor-
porated in the Work.
I l. Cerrifrcates. Maintenance and Operation Manuafs:During the course of the Work,verify that certifieates,maintenance
and operation manuals and other data required to be assembled and furnished by 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.
!2. Completron:
a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed
items requiring completion or correction.
b. Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of
items to be completed or corrected.
c. Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER
concerning acceptance.
C. Limitations of Authority.
Except upon written instructions of ENGINEER, Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or aPprove any substitute materials ot equipment.
2. Shall not exceed limitations on ENGINEER's authority as set forth in the Contract Documents.
3. Shall not undertake any of the responsibilities of CONTRACTOR,subcontractors or CONTRACTOR's superintendent,
or expedite the Work. �
4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or
procedares of construction unless such is specifically called for in the Contract Documents.
S. Shall not advise on or issue directions as to safety precautions and programs in connection with the Work.
6. Shall not authorize OWNER to occupy the Project in whole ur in part.
7. Shall not participate in specialized field or laboratory tests.
F'rep��ed by Engmeers'Joint Con�nct Doeuments Committee
PublltAed join�ly by: Rokssional Engineen in Private Ractice.a practice division of the National Society of Prokssional Enpneen;Ameriean Consuhin{Enpneen Council:American Society