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RP
ORATION
WVP Cd
N
2810 S. Grand Blvd.
St. Louis, Miswouri 63118-1010 314 664$866
FAX 314 664 2049
April 27, 1992
City of Jefferson
320 E. McCarty St.
Jefferson City, Missouri 65101
Deborah M. Cheshir e
IR, Attention:
City Clerk
Subject: 'Engineering Services Contract
for Structural Fire Simulator
r. Dbar,Ms. Cheshire:
Returned her
ewith is an original executed contract for the above referenced project. The other.'
original has been'reta ined for our files.
If"you have any questions, ptibase feel free to call.
Sinceeely,
WVP CORPORATION
Mel Mil,le'nbruck, P.E.
Division Manager
Eniclosure.,,
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CONTRACT FOR ENGINEERING SERVICES
14,
[ THIS AGREEMENT, made and entered into this �S' day of ,. r
nx,, 1992, by and between the City of Jefferson, a municipal corporation of th6 State of Missouri, t
M hereinafter referred to as the "City" with offices at 320 East McCarty, Jefferson City, Missouri
.,< 65101, and WVP Corporation, hereinafter referred to as the "Engineer".
WITNESSETH:
THAT, WHEREAS, City desires to engage the Engineer to render certain technical and
professional services hereafter described in connection with the Structural Fire Simulator; and r.
WHEREAS, the Engineer made certain representations and statements to the City with `j
h" respect to the provision of such services and the City has accepted said proposal to enter intorN
a contract with the Engineer for the performances of services by the Engineer.,
NOW,THEREFORE,for the considerations herein expressed, it is agreed by and between
F" the City and the Engineer as follows:
d.. 1. Scope of Services. The Engineer agrees to perform the following engineering andti ;:
ys administrative services for the project:
'= Design Services - To perform or be responsible for the performance of the following
professional engineering services for the City in connection with the proposed improvements
hereinbefore described:
�`,g' 4
` k a. Make one (1) site visit as necessary for the preparation of detailed construction ;1
`} plans.
` b. Prepare detailed construction drawings and specifications for the project.
C. Direct any test borings or sub-surface explorations (performed by others),
necessary for the proper preparation of said detailed Construction Drawings and
t° Specifications.
d. Prepare proposal forms and notice to bidders and assist in the preparation of the
Contract documents.
x e. Prepare estimate of project construction cost based on final plans and documents.
:exf,'kvxr
f. Furnish one reproducible copy of the Contract Documents consisting of
Construction Agreement Forms, General Conditions, Special Conditions, Detailed
Construction Drawings and Specifications.
g. Assist the City in receipt of bids and in tabulation and interpretation of contractors'
' proposals.
Construction Guidance - Furnish Guidance Services during the construction period
generally comprised of the following:
a. Consult with the City and with the Contractor on interpretations of plans and
` 4 specifications and regarding any changes under consideration as construction
� .>d":>� t• ..[ f��Y"4X���y:E �d�'}r 3 .'S
£, a g� �31.j S ,,ter;• 4'.. .x i' r iy,Ln r9YF 3,�ik s .t�.i Ixli1 .�q mat•i"l`t'v"=Tr'�, �7'' 'c,
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�,4�4 ;Ys7 '„�r is `'.y'i..!^wW,�e'Ya!'�}ysi 9N.A'L). i�:'. :s $� 1 sxt 7. } a-+ hr i w a 53'� X.Y lnkt y;Nwr,t+
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�s`V4»�. 5 ?'r'� .am'[ �;�,�•'w�� 7. �i�.t''t,fd. st j t��.=f��fYt:�y.zVjtk,tr ='i; Syr.1���� t7 t � ,1�,.! ;t�F+il t1 d'i`4;h i F t` ,sl'�./S i t ���`�f+�s:°. ��t.iS t^s�i�.�f.ls. +i.
M y tT,F FL"�-y ,1 'Y';J` �i�t� ;��'} � :�,' f ��' .4. .i ,, r 4 r!e.Si a'`r�Y�l•,d, r:T. F.tom,.+.s ..�.»,b �r•r t�%.�`�"tx
%j� \o�..r• ib.p`"�tt t F'� '� .'r Ft '''`l'i 4y� lii.li,`':'.� tt`•}.}�3. 7.f ryr yy " T,},, Yt Z }w �r.A. ;. ,.,511r',�.^>I:'fit+�`j�. . ..�•�`lwwi�,�.i} r (- .y:�y
"%�jr r t I V• ..Fi ^�,t .'�f� J�4,41.�k ;r. 4 1 eft "�i rt t f� �!Fi 'Y T k'S'C i ! 1 t'� t i.y.`J t! 1ti:,. 1 �` J;
't• t�74S ''� 7. ��"� ? :; }...... ., { •;'.. .,i..�i::: sir �' .'47 X'' t ..p:.,, x !' f �,< T'Y Yti s�ti r< S?,.�� 25
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f"�t proceeds.
b. Provide up to four (4) job site reviews by the project Engineer, or his
" {_=A representatives, during the construction period.
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C. Endeavor to guard the City against defects and deficiencies on the part of the
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contractor, but the ENGINEER does not guarantee the performance of the contract
by the contractor.
d. Conduct final review of construction and prepare substantial completion papers
' and punch list. p paP
e. Revise contract drawings to show location and nature of improvement as actually
U constructed and supply one set of "as built" drawings to the City. Y'
Review the contractor's progress to determine if the work, when completed,will be
In general compliance with the plans and specifications and the keeping of
`- complete project records.
g- Review all shop and fabrication drawings.
h• Review and check all reports by testing laboratories on equipment and material
tested.
i. All reports, plans, plats, estimates, and special conditions to be furnished by the
ENGINEER in accordance with is to 1g, inclusive, of DESIGN SERVICES shall �
be in accordance with the current standard specifications and policies of the City,
it being understood that all such reports, plans, plats, estimates, and drafts shall,
before being finally accepted, be subject to approval by the City. During the
performance of the engineering services herein provided for, the ENGINEER shall
be responsible for any loss or damage to the documents herein enumerated while
they are in the ENGINEER'S possession and any such loss or damage shall be
restored at the ENGINEER'S expense.
To attend up to three (3) conferences to be held at the request of the City and up
to four (4) site visits at any reasonable time when requested to do so by the City.
r 2. Additions and Deletions to Services. The City may add to Engineer services or delete
there-from activities of a similar nature to those setforth in paragraph 1, provided that the total
cost of such work does not exceed the total cost allowance as specified in paragraph 6 hereof.
The Engineer shall undertake such changed activities only upon the direction of the City. All such
directives and changes shall be in written form and prepared and approved by the office of the
Director of Public Works and shall be accepted and countersigned by the Engineer or his agreed
representatives.
The Engineer will perform any additional work requested by the City which is not
specifically covered in the scope of work as defined herein at a reasonable fee or compensation
to be agreed to between the City and the Engineer prior to the time any such service may be
required.
3. Existina Data. All information, data, and reports as are existing, available and
2
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t � r.v+3i'at�?'i�`�•.1{:a`i,'7,t= �!t �' ''u ''�'�',, asP ;,;, a j' s t .. , . .,. ,.. :. p�
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Engineer without charge by
necessary for the carrying out of the work, shall be furnished to the
,',.. the City, and the City shall cooperate with the Engineer in every reasonable way in carrying out
the scope of services.
;<. The City will furnish, as required for the work and not at the expense of the Engineer, the °H
following items:
• ir'
$: a. Property, boundary, easement, right-of-way, topographic, and utility surveys and
property descriptions when such information is required.
'} b. All maps, drawings, records, audits, annual reports, and other data that are
;y available in the files of the City and which may be useful in the work involved
under this Contract.
t
C. Access to public and private property, as necessary, when required to conduct
s 3
}1 field investigations. 7'
4. Personnel To Be Provided. The Engineer represents that Engineer has or will secure � Y
J at its own expense, all personnel required to perform the services called for under this contract
by Engineer. Such personnel shall not be employees of or have any contractual relationship with
the City except as employees the Engineer. All of the services required hereunder will bes ,.
performed by the Engineer or under Engineer's direct supervision and all personnel engaged in
the work shall be fully qualified and shall be authorized under state and local law to perform such
services. None of the work or services covered by this contract shall be subcontracted without
the written approval of the City.
5. Notice to Proceed. The services of the Engineer shall commence as directed in the
Notice to Proceed and shall be undertaken and completed in such sequence as to assure their
expeditious completion in the light of the purposes of the contract, but in any event, all of the `
services required hereunder shall be completed within 60 days from the date of execution of this ,
4.' contract.
M 6. Compensation. The City will pay the Engineer in accordance with the rate set forth
below,which shall constitute full and complete compensation for the Engineer services hereunder. t
Such compensation will be paid in progress payments, as established by the City. The final
` payment will be subject to receipt of a requisition for payment and a statement cf services
rendered certifiying that the Engineer fully performed all work to be paid for in such progress
payments in conformance with the contract. It is expressly understood that in no event will the
' total compensation and reimbursement to be paid to the Engineer under the terms of this contract
exceed the sum of $15,000.00 for all services required unless specifically and mutually agreed
Y
r to in writing by both the City and Engineer. No change in compensation shall be made unless
there is a substantial and significant difference between the work originally contemplated by this
agreement and the work actually required.
For the services covered by this Contract the City agrees to pay the Engineer as follows:
a. For the services outlined in Paragraph 1 -SCOPE OF SERVICES, the City agrees
to pay the Engineer a fee computed on the basis of (1) hourly rates that include
x>
base salary cost,direct payroll additives,general and administrative overhead and
profit, and (2) reimbursable direct expenses. The term "base salary cost"shall be
the actual amounts paid employees of the Engineer, prior to deductions or
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Ito 111101 H
4' g S�•`�(# t i t''k y 1�, j t .x .h �h; f ...., i L�,�" yt�'F •ti, t'a*.t�Hj; t
,F withholding, based on each employee's hourly rate. Base salary cost does not
include direct payroll additives,general and administrative overhead or profit. The
.4 term "direct payroll additives" shall include payroll tax, retirement, health and
accident insurance, vacation pay, holiday pay, sick leave pay and Incentive pay.
The term "general and administrative overhead" shall include such indirect costs
t' as clerical,telephone,dues and subscriptions, accounting services,office supplies,
maintenance, depreciation, general insurance, rent, general taxes, survey stakes,
equipment rental, non-profit salary cost and non profit general expense.
F*7
b. Reimbursable direct expenses chargeable to the project, which are included in the
maximum fee billing above, are as follows: F:
1) Travel, subsistence, and incidental costs. r
+z 2) Use of motor vehicles on a mileage or rental basis.
Soh:
.,,. 3) Telephone and telegraph costs. "
f:
4) Reproduction of project documents.
5) Postage and shipping charges for project related materials.
6) Rental charges for use of equipment, including equipment owned by the
Engineer not included in overhead costs.
">
C. Partial periodic monthly payments shall be made to the Engineer by the City as
f follows:
1) The Engineer shall render an itemized monthly statement to the City for
work performed and costs incurred during the preceding month.
2) The monthly installments and current total billings shall not be
r ` disproportionate to work progress as reported by the Engineer.
3) The entire amount due shall be paid each month provided the maximum
..r
billing amount has not been exceeded.
7. Failure to Perform. Cancellation. If, through any cause, the Engineer shall fail to fulfill
in timely and proper manner its obligations under this contract, or if the Engineer shall violate any
of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the
right to terminate this contract by giving written notice to the Engineer of such termination and
specifying the effective date thereof, at least five (5) days before the effective day of such
termination. City or Engineer may without cause terminate this contract upon 30 days prior
written notice. In either such event, all finished or unfinished documents, data, studies, surveys,
-` drawings, maps, models, photographs and reports or other materials prepared by the Engineer
under this contract shall, at the option of the City, become its property, and the Engineer shall be
entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Notwithstanding the above, the Engineer shall not be relieved of liability to the City
4
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h t z ,p t r `t"r 41,.,;•. I:��ti � .dt:` td r F„” + r YY7. �t .r.�ix f' .74°'`��i�' 't'A�iSr�Y+Y " ;
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{ ''�€ u�4'n r"t )t"'nti r .5 s r}S i� 4 �l ` r .£' f ;. ` ->• .Nr'rc£i
fit;, Ar �°V 'It,,d }l�'d; ,7. z i. .•9' �� f ,� ... ., ,'},. . . ..
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� for damages sustained by the City by virtue of any such breach of the contract by the Engineer.
this contract �<
S. Assignment. The Engineer shall not assign any interest in , and shall not
s transfer any interpst in the same (whether by assignment or novation), without prior written
consent of the City thereto. Any such assignment is expressly subject to all rights and remedies
`y of the City under this agreement, including the right to change or delete activities from the
contract or to terminate the same as provided herein, and no such assignment shall require the 'r,y City to give any notice to any such assignee of any actions which the City may take under this xf
r agreement, though City will attempt to so notify any such assignee.
9. Confidentiality. Any reports, data, or similar information given to or prepared or
assembled by the Engineer under this contract which the City requests to be kept as confidential
shall not be made available to any individual or organization by the Engineer without prior written
approval of the City. *b�';� F• % 's
10. Nondiscrimination. The Engineer agrees in the performance of this contract not tok;
discriminate on the ground or because of race, creed, color, national origin or ancestry, sex,
religion, handicap, age, or political opinion or affiliation, against any employee of Engineer or
applicant for employment and shall include a similar provision in all subcontracts let or awarded � `}
hereunder. }
11. Independent Contractor. The Engineer is an independent contractor and nothing
a contained herein shall constitute or designate the Engineer or any of its agents or employees as fi •�?
agents or employees of the City. ;>r ,
:t 12. Benefits Not Available. The Engineer shall not be entitled to any of the benefits
,r•:
K` ° t established for the employees of the City not be covered by the Workmen's Compensation r <'
Program of the City.
13. Liability. The parties mutually agree to the following:
1
a. In no event shall the City be liable to the Engineer for special, indirect, or
consequential damages, except those caused by the City arising out of or in any
way connected with a breach of this contract. The maximum liability of the City
shall be limited to the amount of money to be paid or received by the City under
this contract.
b. The Engineer shall indemnify and hold the City harmless from and against all
claims, losses, and liabilities arising out of personal injuries, including death, and
` damage to property which are caused by the Engineer or in any way connected '
with this contract.
14. Documents. That reproducibles of tracings and maps prepared or obtained under the
` " terms of this Contract shall be delivered upon request to and become the property of the City
'r upon termination or completion of the work. Copies of basic survey notes and sketches, charts,
computations and other data prepared or obtained under this Contract shall be made available,
sa
upon request, to the City without restrictions or limitations on their use. When such copies are
requested, the City agrees to pay the Engineer its costs of copying and delivering same.
15. Nonsolicitation. The Engineer warrants that he had not employed or retained any
tell
`i company or person, other than a bona fide employee working solely for the Engineer, to solicit
5
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or secure this Contract, and that he has not paid or agreed to pay any company or person, other
than a bona fide employee working solely for the Engineer, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or
making of this Contract. For breach or violation of this warranty, the City shall have the right to tiwl
annul this Contract without liability, or, in its discretion, to deduct from the Contract price or
consideration, or otherwise recover the full amount of such fee, commission, percentage,
brokerage fee, gifts, or contingent fee.
16. Books and Records. The Engineer and all his subcontractors shall maintain all books,
documents, papers, accounting records and other evidence pertaining to costs incurred In
connection with this Contract, and shall make such materials available at their respective offices
at all reasonable times during the Contract and for a period of three(3)years following completion
of the Contract.
17. Del That the Engineer shall not be liable for delays resulting from causes beyond
zLqy—s the reasonable control of the Engineer; that the Engineer has made no warranties, expressed or
implied, which are not expressly set forth in this Contract; and that under no circumstances will
IfV the Engineer be liable for indirect or consequential damages.
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18. All notices required or permitted hereinunder and required to be in writing may be
given by first class mail addressed to the Director of Public Works, 320 East McCarty, Jefferson
City, Missouri 65101, and Engineer at 2810 S. Grand Boulevard, St. Louis, Missouri, 63118-
1010. The date and delivery of any notice shall be the date falling on the second full day after
the day of its mailing.
Executed this day of 19
C 7,TOR CITY OF JEFFERSON
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P Corporation Maybr—'
Richard G, Stanhope, Pr Si n
AMEST:
Giovanni
City Clerk
Bo k
177 Asst. Corp. Secretary
APPR ED A T <ORM
City COMM
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