HomeMy Public PortalAboutORD09803 i'
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BILL NO. �`•.��
INTRODUCED BY COUNCILMAN {'
ORDINANCE NO. C gQ3
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING
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THE MAYOR AND CLERK OF THE CITY TO EXECUTE AN AGREEMENT WITH I
I Horner & Shifrin, Inc. ,
� Consulting Engineers
5200 Oakland Avenue , St . Louis , Missouri 63110
j BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, I
MISSOURI , AS FOLLOWS: i
SECTION 1 . The Mayor and Clerk of the City are hereby
authorized and directed for and in the name of the City, to
execute a written agreement with Horner & Shifrin, Inc .
Consulting Engineers for engineering construction
services for the Grays Creek facility for the sum of i
seventy-three thousand three hundred dollars ($73, 300 .00)
SECTION 2. A copy of said agreement is attached hereto .
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SECTION 3. This ordinance shall take effect and be in
f force from and after its passage and approval .
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Passed: /��' �-- Approved: (p-, 2.82,,
sid A t of the C ncil or
ATTEST:
City erk
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CONTRACT FOR PROFESSIONAL SERVICES ,
f i•t'����' FOR SURVEILLANCE AND OTHER SERVICES
' ;'•' '; DURING THE CONSTRUCTION OF
COLE JUNCTION SEWER PROJECT
JEFFERSON CITY, MISSOURI
AGREEMENT
! This Agreement, made this �aday of " ' 1982 by and'Ir.
between Horner & Shifrin, Inc; , Consulting Engi ers hereinafter referred to
as the "Engineer" and the City of Jefferson, Missouri, hereinafter referred to
as,the ,"Owner". j I
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WITNESSETH: ' �'►-t�.
,WHEREAS, the owner'has caused plans and specifications to be prepared,
,,intends to let a contract for the construction of a project known as the Cole ' ;;0 . '
Junction Sewer Project to construct. interceptor sewers and the Cole Junction '� ' �
°Pump Station and Force Main, and
; ;::]] WHEREAS, the Owner has selected the Engineer to perform professional 1 '•;:� ��.
]'services, for the surveillance and other services during the construction for
]•this project, as hereinafter described, and
. 1 WHEREAS, the Engineer is willing to perform services under the terms and
' conditions hereinafter stated. ',�►��
NOW, THEREFORE, for the conditions set forth hereinafter, the parties
agree as follows: ;�� , .
ARTICLE I GENERAL CONDITIONS ' kg •.
A. GENERAL. Y L 1
1. : The Owner and the Engineer agree that the following provisions apply
to the EPA grant eligible work to be performed under this agreement and that
such provisions supersede any conflicting provisions of this agreement. `1
2. i The work under this agreement is funded in part by .a rant from the
U.S. Environmental Protection Agency. Neither the United States nor the U.S.
Environmental Protection Agency (hereinafter "EPA") is a party to this
agreement. This agreement which covers grant-eligible work is subject to
regulations contained in 40 CFR 35.936, 35.937, and 35.939 in effect on the
date of execution of this agreement. As used in these clauses, the words "the
date of execution of this agreement" mean the date of execution of this
agreement and any subsequent modification of the terms, compensation or scope
of services pertinent to unperformed work.
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1 - 1 3. ' The Owner's rights and remedies provided in these clauses are in j'•
., ; addition to any other rights and remedies provided by law or this agreement. 01'.
;B. , RESPONSIBILITY OF THE ENGINEER ° i�•'
•1. The Engineer shall be responsible for the professional quality, "'�;'
technical accuracy, timely completion, and the coordination of all designs,
drawings, specifications, reports, and other services furnished by the
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Engineer under this agreement. The Engineer shall, without additional ;;
compensation, correct or revise any errors, omissions or other deficiencies in
his designs, drawings, specifications, reports, and other services.
2. The Engineer shall perform such professional services as may be
necessary to accomplish the work required to be performed under this
agreement, in accordance with this agreement and applicable EPA requirements
in effect on the date of execution of this agreement.
3. The Owner's or EPA's approval of drawings, designs, specifications,
reports, and incidental engineering work or materials furnished hereunder 7
shall not in any way relieve the Engineer of responsibility for the technical
adequacy of his work. Neither the Owner's nor EPA's review, approval or ►j�
acceptance of, nor payment for, any of the services shall be construed to '
operate as a waiver of any rights under this agreement or of any cause of
action arising out of the performance of this agreement.
4. The Engineer shall be and shall remain liable in accordance with ?
applicable law for all damages to the Owner or EPA caused by the Engineer's
negligent performance of any of the services furnished under this agreement, ,
except for errors, omissions or 'other deficiencies to the extent attributable ,t1,
to the Owner, Owner-furnished data or any third party. The Engineer shall not
be responsible for any time delays in the project caused by circumstances
beyond the Engineer's control. Where innovative processes or techniques (see
40 CRF 35.908) are recommended by the Engineer and are used, the Engineer
-shall be liable only for gross negligence to the extent of such use.
C. SCOPE OF WORK
The services to be performed by the Engineer shall include all services
required to complete the task or step, in accordance with applicable EPA
regulations (40 CFR Part 35, Subpart E in effect on the date of execution of
this agreement) to the extent of the scope of work as defined and set out in
the engineering services agreement to which these provisions are attached.
D. CHANGES
1. The Owner may, 'at any time, by written order, make changes within the f
general scope of this agreement in the services or work to be performed. If ,
such changes cause an increase or decrease in the Engineer's cost of, or time ;4��i.
required for, performance of any services under this agreement, whether or not
changed by any order, an equitable adjustment shall be made and this agreement r
shall be modified in writing accordingly. The Engineer must assert any claim
for adjustment under this clause in writing within 30 days from the date of
receipt by the Engineer of the notification of change, unless the Owner grants
a further period of time before the date of final payment under this agreement.
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2. No services for which an additional compensation will be charged by
the Engineer shall be furnished without the written authorization of the Owner.
;.,3. In the event that there is a modification of EPA requirements relating
. to the services to be performed under this agreement after the date of
execution of this agreement, the increased or decreased cost of performance of
the services provided for in this agreement shall be reflected in an
appropriate modification of this agreement.
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E.' ; TERMINATION
• 1. , Either party may terminate this agreement, in whole or in part, in
writing, if the other party substantially fails to fulfill its obligations
under this agreement through no fault of the terminating party. However, no
such termination may be effected unless the other party is given (1) not less
than ten (10) calendar days written notice (delivered by certified mail,
return receipt requested) of intent to terminate and (2) an opportunity for
consultation with the terminating party before termination.
2. The Owner may terminate this agreement in whole or in part in writing
for its convenience, if the termination. is for good cause (such as for legal
or financial reasons, major changes in the work or program requirements,
initiation of a new Step) and the Engineer is given (1) not less than ten (10)
calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate and (2) an opportunity for consultation with
the terminating party before termination.
3. If the Owner terminates for default, an equitable adjustment in the
price provided for in this agreement shall be made, but (1) no amount shall be
allowed for anticipated profit on t.nperformed services or other work, and (2)
any payment: due to the Engineer at the time of termination may be adjusted to
the extent of any additional costs the Owner incurs because of the Engineer's
default. If the Engineer terminates for default or if the Owner terminates
-for convenience, the equitable adjustment shall include a reasonable profit
for services or other work performed. The equitable adjustment for any
termination shall provide for Payment to the Engineer for services rendered.
and expenses incurred before the termination, in addition to termination
settlement costs the Engineer reasonably incurs relating to commitments which
had become firm before the termination. i-
4. Upon receipt of a termination action under paragraphs 1. or 2. above,
the" Engineer shall (1) promptly discontinue all services affected (unless the
notice directs otherwise), and (2) deliver or otherwise make available to the
Owner all data, drawings, specifications, reports, estimates, summaries, and
such other information and materials as the Engineer may have accumulated in
performing this agreement, whether completed or in process.
5. Upon termination under paragraphs 1. or 2. above, the Owner may take
over the work and prosecute the same to completion by agreement with another
party or,otherwise. Any work the Owner takes over for completion will be
completed at the Owner's risk, and the Owner will hold harmless the Engineer :,E3
from all claims and damages arising out of improper use of the Engineer's work.
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! b. If, after termination for failure of the Engineer to fulfill
contractual obligations, it is determined that the Engineer had not so failed,
,- -the termination shall be deemed to have been effected for the convenience of +,i;
'the Owner. In such event, adjustment of the price provided for in this
,agreement shall be made as paragraph 3. of this clause provides.
F.'.'REMEDIES
Except as this agreement otherwise provides, all claims, counter-claims, tr�'
disputes and other matters in question between the Owner and the Engineer
arising out of or relating to this agreement or the breach of it will be
decided by arbitration if the parties hereto mutually agree, or in a court of
competent jurisdiction within the State in which the Owner is located.
G. . PAYMENT
1. ! Payment shall be made in accordance with the payment schedule
'incorporated in this agreement as soon as practicable upon submission ofii�' '
statements requesting payment by the Engineer to the Owner. If no such
- " 'payment schedule is incorporated in this agreement, the payment provisions of- ,",
paragraph 2. of this clause shall apply. ,•: . 'y!,
2. The Engineer may request monthly progress payments and the Owner shall f;{,
make them as soon as practicable upon submission of statements requesting J� :;I�
payment by the Engineer to the Owner. When such progress payments are made, .. . ; .' ��t'i'
- the Owner may withhold up to ten (10) percent of the vouchered amount until
satisfactory completion by the Engineer of work and services within a step #
called for under this agreement. When the Owner determines that the work
under this agreement or any specified task hereunder is substantial) complete '
and that the amount of retained percentages is in excess of the amount p t. :
considered by him to be adequate for his protection, he shall release to the
Engineer such excess amount.
3. No payment request made under paragraph 1, or 2, of this clause shall
exceed the estimated amount and value of the work and services performed by
the Engineer under this agreement. The Engineer shall prepare the estimates
of work performed and shall supplement them with such supporting data as the
Owner may require.
4. Upon satisfactory completion of the work performed under this
agreement, as a condition precedent to final payment under this agreement or
to 'settlement upon termination of the agreement, the Engineer shall execute '
and deliver to the Owner a release of all claims against the Owner arising : J;,
under or by virtue of this agreement, other than such claims, if any, as may + •
be specifically exempted by the Engineer from the operation of the release in
stated amounts to be set forth therein.
H. PROJECT DESIGN ;'j
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1. In the performance of this agreement, the Engineer shall, to the ~' 1`�.•�,�
'extent practicable, provide for maximum use of structures, machines, products,
materials, construction methods, and equipment which are readily available
through competitive procurement, or through standard or proven production
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techniques, methods, and processes, consistent with 40 CFR 35.936-3 and
35.936-13 in effect on the date of execution of this agreement, except to the �
extent to which innovative technology may be used under 40 CFR 35.908 in
effect on the date of execution of this agreement.
2. The Engineer shall not, in the performance of the work under this
agreement, produce a design or specification which would require the use of i?'+
structures, machines, products, materials, construction methods, equipment, or
processes which the Engineer knows to be available only from a sole source, t
unless the Engineer has adequately ,justified the use of a sole source in
writing. ,
3. The Engineer shall not, in the performance of the work under this
agreement, produce a design or specification which would be restrictive in
violation of Sec. 204 (a) (6) of the Clean Water Act. This statute requires
that no specification for bids or statement of work shall be written in such a
manner as to contain proprietary, exclusionary, or discriminatory requirements
other than those based upon performance, unless such requirements are j;'
necessary to test or demonstrate a specific thing, or to provide for necessary , • '-
interchangeability of parts and equipment, or at least two brand names or
trade names of comparable quality or utility are listed and are followed by
the words ',or equal". With regard to materials, if a single material is
specified, the Engineer must be prepared to substantiate the basis for the
selection of the material.
4. The Engineer shall report to the Owner any sole-source or restrictive ; : .•
design or specification giving the reason or reasons why it is necessary to
restrict the design or specification. ;
5. The Engineer shall not knowingly specify or approve the performance of
work at a facility which is in violation of Clean Air or Water Standards and
which is listed by the Director of the EPA office of Federal Activities under.
40 CFR Part 15.
I.. AUDIT: ACCESS TO RECORDS
1. The Engineer shall maintain books, records, documents and other
evidence directly pertinent to performance on EPA grant work under this
agreement in accordance with generally accepted accounting principles and
practices consistently applied, and 40 CFR 30.605, 30.805, and 35.935-7 in
effect on the date of execution of this agreement. The Engineer shall also
maintain the financial information and data used by the Engineer in the
preparation or support of the cost submission required under 40 CFR 35.937-6(b)
in effect on the date of execution of this agreement and a copy of the cost
summary submitted to the Owner. The United States Environmental Protection
Agency, the Comptroller General of the United States, the United States
Department of Labor, Owner and Missouri Department of Natural Resources or any
of their duly authorized representatives shall have access to such books,
records, documents and other evidence of inspection, audit and copying. The
Engineer'will provide proper facilities for such access and inspection. e
2. The Engineer agrees to include paragraphs 1. through 5. of this clause
in all his contracts and all tier subcohtracts directly related to project
performance that are in excess of $10,000.
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13.' Audits conducted under this provision shall be in accordance with ,
generally accepted auditing standards and established procedures and
, .guidelines of the reviewing or audit agency(ies).
4. ' The Engineer agrees to the disclosure of all information and reports
resulting from access to records under paragraphs 1. and 2. , of this clause to
any of the agencies referred to in paragraph 1. provided that the Engineer is
afforded the opportunity for an audit exit conference and an opportunity to
comment and submit any supporting documentation on the pertinent portions of
the draft audit report and that the final audit report will include written
comments of reasonable length, if any, of the Engineer.
. 5. The Engineer shall maintain and make available records under
paragraphs 1. and 2. of this clause during performance on EPA grant work under
this agreement and until three years from date of final EPA grant payment for
the project. In addition, those records which relate to any "dispute" appeal 1 '
under an EPA grant agreement, to litigation, to the settlement of claims
arising out of such performance, or to costs or items to which an audit
exception has been taken, shall be maintained and made available until three
years after the date of resolution of such appeal, litigation, claim or
exception.
J. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA
(This clause is applicable if the amount of this agreement exceeds
$100,000.) .;
1. . If the Owner or EPA determines that any price, including profit,
negotiated in connection with this agreement or any cost reimbursable under
this agreement was increased by any significant sums because the Engineer or
any subcontractor furnished incomplete or inaccurate costs or pricing data or
data not current as certified in his certification of current cost or pricing
data (EPA Form 5700-41), then such price, cost, or profit shall be reduced
:.accordingly and the agreement shall be modified in writing to reflect such
reduction.
2. Failure to agree on a reduction shall be subject to the Remedies
clause of this agreement.
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K. SUBCONTRACTS
1. .. Any subcontractors and outside associates or consultants required by ,
the Engineer in connection with the services under this agreement will be
limited to such individuals or firms as were specifically identified and
agreed to during negotiations, or as the Owner specifically authorizes during
the performance of this agreement. The Owner must give price approval for any
substitutions in or additions to such subcontractors, associates, or
consultants.
2. The Engineer may not subcontract services in excess of thirty (30) !} �
percent of the contract price to subcontractors or consultants without the
Owner's prior written approval.
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!I L.', LABOR-STANDARDS +• =
To the extent that this agreement involves "construction" (as defined by '
the Secretary of Labor) , the Engineer agrees that such construction work shall
be subject to the following labor standards provisions, to -the extent ��;�
applicable:
1. Davis-Bacon Act (40 U.S.C. 276a-276a-7);
2. ' Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333);
3. Copeland Anti-Kickback Act (18 U.S.C. 874); and
4. Executive Order 11246 (Equal Employment Opportunity);
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and implementing rules, regulations, and relevant orders of the Secretary of
Labor or EPA. The Engineer further agrees that this agreement shall include
and be subject to the "Labor Standards Provisions for Federally Assisted
Construction Contracts" (EPA Form 5720-4) in effect at the time of execution -�
of this agreement.
M. EQUAL EMPLOYMENT -OPPORTUNITY
In accordance with EPA policy as expressed in 40 CFR 30.420-5, the
Engineer agrees that he will not discriminate against any employee or
applicant for employment because of race, religion, color, sex, age or
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national origin.
N. UTILIZATION OF SMALL AND MINORITY BUSINESSES
In accordance with EPA policy as expressed in 40 CFR 35.936-7, the "±
Engineer agrees that qualified small business and minority business
: enterprises shall have the maximum practicable opportunity to participate in
the performance of EPA grant-assisted contracts and subcontracts. + '
�0. COVENANT AGAINST CONTINGENT FEES
The Engineer warrants that no person or selling agency has been employed
or retained to solicit or secure this, contract upon an agreement or 4a
understanding for a commission, percentage, brokerage, or contingent fee, ?•
' excepting bona fide employees. For breach or violation of this warranty the
Owner shall have the right to annul this agreement without liability or in its
discretion to deduct from the contract price or consideration, or otherwise
recover, the full amount of such commission, percentage, brokerage, or ,
contingent fee.
P. : GRATUITIES
. : 1. If it is found, after notice and hearing, by the Owner that the
Engineer; or any of the Engineers Agents or Representatives, offered or gave
gratuities (in the form of entertainment, gifts, or otherwise) to any
official, employee, or agent of the Owner, of the State, or of EPA in an
attempt to secure contract or favorable treatment in awarding, amending, or
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determinations related to the performance of this agreement, the
Owner may, by written notice to the Engineer, terminate the right of the
,' :Engineer to proceed under this agreement. The Owner may also pursue other
rights and remedies that the law or this agreement provides. However, the
,existence of the facts upon which the Owner bases such findings shall be in
:issue and may be reviewed in proceedings under the Remedies clause of this
agreement.
`2. ',. In 'the event this agreement is terminated as provided in paragraph 1.
hereof, the Owner shall be entitled (1) to pursue the same remedies against II 11
'the Engineer as it could pursue in the event of a breach of the contract by
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the Engineer, and (2) as a penalty in addition to any other damages to which
it may be entitled by law, to exemplary damages in an amount (as determined by
the Owner) which shall be not less than three nor more than ten times the
costs the Engineer incurs in providing any such gratuities to any such officer
or employee.
PATENTS t
A• `.iii;.Ulf
- If this agreement involves research, developmental, experimental, or
demonstration work and any discovery or invention arises or is developed in
the course of or under this agreement, such invention or discovery shall be
subject to the reporting and rights provisions of Subpart D of 40 CFR Part 30, s
in effect on the date of execution of this agreement, including Appendix B of
Part 30. In such case, the Engineer shall report the discovery or invention ;
to EPA directly or through the Owner, and shall otherwise comply with the
Owner's responsibilities in accordance with Subpart D of 40 CFR Part 30. The
Engineer agrees that the disposition of rights to inventions made under this
agreement shall be in accordance with the terms and conditions of Appendix B.
The Engineer shall include appropriate patent provisions to achieve the
purpose of this condition in all subcontracts involving research,. .
developmental, experimental, or demonstration work. : ?
•R, COPYRIGHTS AND RIGHTS IN DATAC�i
1. The Engineer agrees that any plans, drawings, designs, specifications,
computer programs (which are substantially paid for with EPA grant funds),
technical reports, operating, manuals, and other work submitted with a Step 1
Facilities Plan or with a Step 2 or Step 3. grant application or which are
specified to be delivered under this agreement or which are developed or
produced and paid for under this agreement (referred to in this clause as
"Subject Data") are subject to the rights in the United States, as set forth
in Subpart D of 40 CFR Part 30 and in Appendix C to 40 CFR Part 30, in effect
on the date of execution of this agreement, these rights include the right to
use, duplicate and disclose, such Subject Data, in whole or in part, in any
manner for any purpose whatsoever, and to have others do so. For purpose of
this clause "grantee" as used in Appendix C refers to the Engineer. If the
material is copyrightable, the Engineer may copyright it, as Appendix C A•
permits, subject to the rights in the Government in Appendix C, but the Owner ; ►:;;, ,
and the Federal Government reserve a royalty free, nonexclusive, and
irrevocable license to reproduce, publish and use such materials, in whole or
in part, and to authorize others to do so. The Engineer shall include
appropriate provisions to achieve the purpose of this condition in all
subcontracts expected to produce copyrightable Subject Data.
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. , 2. All such Subject Data furnished by the Engineer pursuant to this
agreement are instruments of this services in respect of the project. It is
understood that the Engineer does not represent such Subject Data to be
suitable for reuse on any other project or for any other purpose. If the
Owner reuses the Subject Data without the Engineer's specific written '
verification or adaptation, such reuse will be at the risk of the Owner,
,without liability to the Engineer. Any such verification or adaptation will
entitle the Engineer to further compensation at rates agreed upon by the Owner
: .and the Engineer.
ARTICLE II - SCOPE OF PROFESSIONAL SERVICES
The Scope of Services of this contract shall be limited to professional
services in conjunction with the the Cole Junction Sewer Project.
A. , SURVEILLANCE OF CONSTRUCTION
This phase of the professional services shall. include the surveillance of
- - construction of the work included in the plans and specifications entitled
"Construction of Cole Juncton Sewer Project", City of Jefferson, Missouri, ..
' dated March 1982: x"
1. Field. •;
a. Furnishing the services of a Project Representative for
on-the-site observation of construction. The services of the
Project Representative for on-the-site observation of
construction shall be limited to not more than 52 man days for
the Cole Junction Pump Station (Section A) and 85 man days for
the interceptor sewers and force main (Section B). The
authority and duties of the Project Representative are limited
to examining the material furnished and observing the work done,
and to reporting such findings to the Engineer who will keep the
City appraised of the construction operation program. It is
agreed, however, that the Engineer does not underwrite,
guarantee, or insure the work done by the Contractor, and, since T1.1,
it is the Contractor's responsibility to perform the work in i .
accordance with the Contract Documents, the Engineer is not , '�°•=1M
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responsible or liable for the Contractor's failure to do so. '
Failure by the Project Representative or other personnel engaged .
in on-the-site observation to discover defects or deficiencies
in the work of the Contractor or his subcontractors shall never
relieve the- Contractor for liability therefor- or subject the
Engineer to any liability for such defects or deficiencies. The � �� � .
furnishing of the services of a Project Representative in excess ?
of the man days indicated above will require a contract
modification of the Scope of Services.
® 'b: Furnishing the services of field personnel for the performance ,. 1n iif
of the construction layout surveys designated in the
construction specifications as furnished by the City.
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C. Furnishing the services of field personnel for the performance
of the survey measurements for the interceptor sewers
constructed under Secticn B to obtain lengths and invert !i?
i elevations of the sewers as constructed.
` d: ' Observation of the testing of equipment of the Cole Junction tip '
Pumping Station. !�
ANIL
e: Providing the final review of construction and preparation of
Statement of Completion required by Missouri Department of oil
Natural Resources. li+ :
2. Office.
Review of shop and erection drawings submitted by the Contractor ; fit
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for general compliance with the intent of the engineering plans
and.specifications. :• ;�� ';('
b. Review of laboratory, shop, and mill test reports for materials - i,
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and equipment for general compliance with the intent of the t "=
engineering plans and specifications.
C. Visits of office personnel to project site and consultation with !
the Owner on problems of construction during a 240 calendar day
construction period,
d. Prepartion of supplementary construction sketches when required. T:i
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e. Assistance to the 'Owner in maintaining accounts and records for
the control of payments to the Contractor during a 240 calendar
day construction period. s. .;
f. Revision of the drawings used for bidding purposes to show ?'
significant changes made during construction, based on data
furnished to the Engineer by the Project Representative and
others.
B. OTFER PROFESSIONAL SERVICES DURING CONSTRUCTION
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This phase of the professional services shall include certain items of
service during the construction program other than SURVEILLANCE OF
.CONSTRUCTION. !
1. Final -Plan of Operation.. Revising the approved Draft Plan of
Operation. lec appropriaTe dates based on the construction schedule.
2. Operation and Maintenance Manual. A Draft Operation and Maintenance
Manual shall be prepared and submitted to the DNR for review and approval.
Three copies of a final Operation and Maintenance Manual shall be pepared
based on'the approved Draft Manual.
3. Operational Start-pp. Assistance and advice to the City's staff
during the first month of operation of the Cole Junction Pump Station to
adjust lime feed system and set chemical dosages.
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C. �,iSPECIAL�PROFESSIONAL SERVICES
, If authorized in writing by the Owner, the Engineer will provide
'additional professional services in connection with the Project as set forth �.
below:
, 1.,- Preparation of supporting documents to meet the requirements for EPA '
grant except as specifically described in Sections A or B above.
2. Services due to changes in the scope of the Project including but not ,
limited to, changes in size, complexity, schedule, or character of ;
construction.
3. Furnishing the services of Project Representative(s) in excess of the
man days indicated in Section A Item la above.
;;'; 4. Furnishing services for office surveillance of construction indicated
in Section A Item 2c beyond a 240 day construction period.
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5. Preparation of rate studies, reports, and studies relating to ,.
financing, computations for charges to the Cole County RSD for sewer service,
and other similar type studies for the Project.
b. Providing services in conjunction with public meetings, hearings, or
other activities involving public participation in the Project.
7. Providing for training of Owner's staff in addition to that included
in Section B.
8. Services in conjunction with prequalification o, equipment in
accordance with EPA regulations if required by EPA or the Owner.
9. Providing other services not otherwise specifically provided for in
this agreement, including services normally furnished by the Owner as
described in Article III, "Owner's Responsibility", r; '
ARTICLE III - OWNER'S RESPONSIBILITY
The Owner shall:
1. Provide full information as to the Owner's requirements for the '
Project. 1
2. Assist the Engineer by placing at his disposal all available
Information pertinent to the Project including previous reports and any other
data relative to the Project.
3. Examine all studies, reports, sketches, drawings, specifications, : n ±�
proposals, and other documents presented by the Engineer, obtain advice of an
attorney, insurance counselor, and other consultants as the Owner deems ti
appropriate for such examination, and render in writing decisions pertaining
thereto within a reasonable time so as not to delay the services of the
Engineer.
A
';}A.'' Provide such legal, accounting, independent cost estimating; and
� linsurance' counseling services as may be required for the Project, and such
'auditing service as the Owner may require to ascertain how or for what purpose z ,,
:, , any contractor has used the payments made by the Owner.
4 �t�
--1'+.5. '. Provide property surveys and/or outbound surveys of 'sites and/or
(easements to be utilizied for the facilities to be constructed under the Cole t,r
;Junction Sewer Project including locating property corners to utilize as data
- to assist the Engineer in making surveys for location of facilities. t
, 1 .
ARTICLE IV - •TIME OF PERFORMANCES •'}
A. :, GENERAL
:i
" •
�1.: Engineer's services provided for in this agreement have been agreed
The •provisions of this' Article and the various rates of compensation
for;•the to i
' in anticipation of the orderly and continuous progress of the Project. The
'Engineer's obligation to render services hereunder will extend for a period -•. ;� ti'''}
which may reasonably be required to provide the services'.
2.:•• If'the Engineers services for the Project* are delayed or suspended
whole or in part by the wner or governmental authorities for more than three
months for reasons beyond the Engineer's control, the Engineer shall on it
written demand to the Owner (but without termination of this agreement) be
paid for work accomplished as provided in Article V. If such delay or 1.3_J!'
t:
suspension extends for more than six months for reasons beyond the Engineer'sr: �:��
control,. the payments and various rates of compensation provided for in f
Article ..V shall be subject to renegotiation.
8.. SCHEDULE
• •� ,:`3 .? ., ; !.';, .. : e.!�is i'l
-Services to'be performed under this agreement will be provided and
.completed as required by the Owner except that no services will be provided- :'ih']i}
after a date 15 months after the date of this contract except by mutual
written agreement of both parties.
ARTICLE V'- FEES AND PAYMENT
The Owner will pay the Engineer in accordance with the provisions of this
Article.
The Engineer will submit periodic statements not more frequently than once
a month requesting payment. Such statements shall be'based upon the amount
and value of services provided and expenses incurred by the Engineer to the
date of the statement and shall be supplemented or accompanied by such
supporting data as may be required by the Owner. Upon the Owner's approval of_•^ a ;I;
® each statement, the Owner shall make payment to the Engineer as soon as
practicable. After 30 days, unpaid statements shall be considered. to be
delinquent. ' `t.13
—12— u
a► t
';iYf the 'Owner fails to make payments due to the Engineer for services and (i
expenses Within ninety days after receipt of the Engineer's statement, the
amounts due the Engineer shall include a charge at the rate of 1.25 percent
per month from the thirtieth day after the billing date and in addition, the
Engineer may, after giving seven days' written notice to the Owner, suspend
services under this agreement until he has been paid in fuIl all amounts due �i,•
him for services and expenses.
Payment for the professional services as defined in Article II, -Section A
Surveillance of-Construction, and Section B, Other Profd-s-sional Services
During Construction, shall be made to the Engineer by the Owner on the basis
of a lump sun or Seventy-Three Thousand Three Hundred Dollars ($73,300).
Payment for the professional services as defined in Article II, Section C,_ .i•
Special -Professional Services, shall be made to the Engineer by the Owner on 1:
e basis of a mutually agreed lump sum or the current standard hourly
charge-out rates of the Engineer for time spent on the work plus 1.05 times • t!t�, .
'the cost of reimbursable expenses. Reimbursable Expenses mean the actual a. ..
' expenses incurred directly or indirectly in connection with the Project for:
Consultants and Subcontractors; transportation and subsistence incidental .
thereto outside of the metropolitan St. Louis area; toll telephone calls and
telegrams; . reproduction of reports, Drawings, Specifications, and similar .
Project-related items. Reimbursable Expenses shall also include expenses
incurred for computer time and other highly specialized equipment, including
an appropriate charge for previously established programs, expenses of
photographic production techniques, and an allowance for equipment rental.
® r
-13-
r.w.�t.r�•'� }L?
�. ! " ,,,lINIWI NESS EOF, the parties } ereto have affixed their hand and seals
;q, ,,. is� J:'.• 1982.
it
MIR �. ' (SEAL)
CiW of JeFfersoyW, Missouri
By S _opts. .j ART Fli:- �D '
Ti le Title
ATTEST: r
(SEAL) ;
Horner & Shifri n, Inc. 4 'if.
Consulting Engin rs �It;i
By,4—
By By
. . . . . . . . . .
Title
Title
?, ;iiii .,i I•:, � � :idyl
� • ' I' y�i'lll
F.E.I.N. • 43-0861661