6.5 Agr Engr Landfill Cells
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
02/04/01
TIME
4:00 P.M.
AGENDA SECTION:
NO.
6
ORIGINATING DEPARTMENT:
Utilities
APPROVED FOR
AGENDA:
ITEM
NO.
5
BY:
Don Hoff
oJ/-
BY: 7!!!m1: I:::
Item:
Consider an agreement submitted by Camp Dresser and McKee, Inc. (CDM) for engineering services
related to the design of the final closure of Cells No.1 and No.2 at the Salina Municipal Solid Waste
Landfill Facility.
Backaround:
The final lifts of solid waste will be placed on Cell No.1 and Cell No.2 in late fall. Kansas Department
of Health and Environment (KDHE) requires the completion of closure of a cell within 210 days after
the final lift is applied.
The final lift of waste on the two (2) cells will be covered with a low permeability membrane layer which
is then covered with a heavy protective layer of soil. The soil layer is seeded with pasture grasses to
control erosion and to restore the closed cell area for future livestock grazing.
CDM proposes to prepare design drawings and specifications for the closure of Cells No.1 and No.
2. They will also submit design drawings and specifications for the installation of a passive landfill gas
management system for Cell No.1 and Cell No.2, and also for the old unlined landfill cells. CDM will
be responsible for obtaining regulatory approvals and providing engineering services through the
bidding phase. Resident project representative (inspection) services are not covered by this agreement
and will be addressed by a future supplemental agreement after the construction contract has been
awarded in early 2003. Payment to CDM will be based on actual costs incurred to provide the
engineering services outlined in the attached agreement. Total compensation, however, shall not
exceed $86,000. The fee appears reasonable for this complex design project.
Recommendation:
It is our recommendation, therefore, the City Commission approve the attached agreement authorizng
CDM to perform the design services related to the final closure of Cell No.1 and Cell No.2 in an
amount not to exceed $86,000.
Resolution No. 02-5809
Attachment: Agreement
STANDARD FORM OF AGREEMENT
BETWEEN
OWNERANDENGThŒERFOR
PROFESSIONAL DESIGN, BIDDING AND CONSTRUCTION SERVICES
THIS IS AN AGREEMENT made as of
and Camp Dresser & McKee Inc. ("ENGINEER").
,2001 between the City of Salina, Kansas ("OWNER")
OWNER intends to retain the ENGINEER to provide design, bidding and construction services for the closure of the
SalÎrul Mnnicipal Solid Waste LandfiIl (MSWLF) CeIls No. I and 2. (the "Project").
OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance or
furnishing of professional engineering services by ENGINEER with respect to the Project and the payment for those
services by OWNER as set forth below. Execution of this Agreement by ENGINEER and OWNER constitutes
OWNER's written authorization to ENGINEER to proceed on the date first above written with the Basic Services
described in Article 2 below and as further set forth in Exhibit A, "Further Description of Engineering Services and
Related Matters" ("Exhibit A") and in the other exhibits listed in Article 9 below. This Agreement will become effective
on the date first above written.
ARTICLE 1 - GENERAL
1.1.
Standard of Care
ENGINEER shaIl perform for or furnish to OWNER professional engineering and related services in all phases of
the Projectto which this Agreement applies as hereÎrulfterprovided. ENGINEERshaIl serve as OWNER's prime
design professional and engineering representative for the Project providing professional engineering consultation
and advice with respect thereto. ENGINEER may employ such ENGINEER's Subcontractors as ENGINEER
deems necessary to assist in the performance or furnishing of professional engineering and related services
herennder. ENGINEER shaIl not be required to employ any OWNER's Subcontractors unacceptable to
ENGINEER.
The standard of care for all professional engineering and related services performed or furnished by ENGINEER
nnder this Agreement will be the care and skiIl ordinarily used by members of ENGINEER's profession practicing
nnder similar conditions at the same time and in the same locality.
1.2
Coordination with Other Documents
It is the intention of the parties that the Standard General Conditions will be used as the General Conditions for
the Project and that all amendments thereof and supplements thereto will be generally consistent therewith. Except
as otherwise defined herein, the terms which have an initial capital!etter in this Agreement and are defined in the
Standard General Conditions wiIl be used in this Agreement as defined in the Standard General Conditions. The
term "defective" will be used in this Agreement as defined in the Standard General Conditions.
1.3.
DefInitions
Wherever used in this Agreement the foIlowing terms have the meanings indicated which are applicable to both
the singular and plural thereof:
1.3.1.
Special Services
Special Services means the services to be performed for or furnished to OWNER by ENGINEER
described in Article 3 of this Agreement.
Prof. Design, Bidding & Construction Services 9/200 I
Page 1
1.3.2 .
1.3.3.
1.3.4.
1.3.5.
1.3.6.
1.3.7.
1.3.8.
1.3.9.
1.3.10.
Agreement
Agreement means this Standard Fonn of Agreement between OWNER and ENGINEER for Professional
Services including those exhibits listed in Article 9 of this Agreement.
Basic Services
Basic Services means the services to be perfonned for or furnished to OWNER by ENGINEER
described in Article 2 of this Agreement.
Construction Cost
Cons1ruction Cost means the total cost to OWNER of those portions of the entire Project designed or
specified by ENGINEER. Cons1ruction Cost does not include ENGINEER's compensation and
expenses, the cost of land, rights-of-way, or compensation for or damages to properties, or OWNER's
legal accounting, insurance counseling or auditing services, or interest and financing charges incurred in
connection with the Project or the cost of other services to be provided by others to OWNER pursuant to
Article 4 of this Agreement. Cons1ruction Cost is one of the items comprising Total Project Costs.
Contractor
Contractor means the person or entity with whom OWNER enters into a writren agreement covering
cons1ruction work to be perfonned or furnished with respect to the Project.
ENGINEER's Subcontractor
ENGINEER's Subcontractor means a person or entity having a contract with ENGINEER to perfonn or
furnish Basic or Special Services as ENGINEER's independent professional associate or subcontractor
engaged directly on the Project.
Reimbursable Expenses.
Reimbursable Expenses means the expenses incUITed directly in connection with the perfonnance or
furnishing of Basic and Special Services for the Project for which OWNER shall pay ENGINEER as
indicated in Exhibit A.
Resident Project Representative
Resident Project Representative means the authorized representative of ENGINEER who will be
assigned to assist ENGINEER at the site during the Cons1ruction Phase. The Resident Project
Representative will be ENGINEER's agent or employee and under ENGINEER's supervision. As used
herein, the tenn Resident Project Representative inoludes any assistants of Resident Project
Representative agreed to by OWNER. The duties and responsibilities of the Resident Project
Representative are set forth in Exhibit B, "Duties, Responsibilities and Limitations of Authority of
Resident Project Representative" ("Exhibit B ").
Standard General Conditions.
Standard General Conditions means the Standard General Conditions of the Cons1ruction Contract (No.
1910-8) (1996 Edition) of the Engineers Joint Contract Documents Committee.
Total Project Costs
Total Project Costs means the sum of the Cons1ruction Cost, allowances for contingencies, the total costs
of design professional and related services provided by ENGINEER and (on the basis of infonnation
furnished by OWNER) allowances for such other items as charges of all other professionals and consul-
tants; for the cost ofland and rights-of-way, for compensation for or damages to properties, for interest
and financing charges and for other services to be provided by others to OWNER under Article 4.
Prof. Design, Bidding & Construction Services 912001
Page 2
ARTICLE 2 - BASIC SERVICES OF ENGINEER
2.1.
Design. Phase
2.1.1.
2.1.2.
2.1.3.
2.1.4.
2.1.5.
2.1.6.
Prepare for incorporation in the Contract Doouments final Drawings showing the scope, extent and
character of the work to be perfonned and furnished by Contractor and Specifioations (which will be
prepared, where appropriate, in general confonnance with the sixteen division fonnat of the Construction
Specifications Institute).
Provide technical criteria, written descriptions and design data for OWNER's use in filing applications
for pennits with or obtaining approvals of such governmental authorities as have jurisdiction to review or
approve the final design of the Project, and assist OWNER in consultations with appropriate authorities.
Advise OWNER of any adjustments to the opinion of probable Construction Cost and any adjustments to
Total Project Costs known to ENGINEER as a result of changes in scope, extent or character or design
requirements of the Project.
Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement
fonns, general conditions and supplementary conditions, and (where appropriate) bid fonns, invitations
to bid and instructions to bidders, and assist in the preparation of other related documents.
Furnish five copies of the above documents, Drawings and Specifications to and review them with
OWNER.
ENGINEER's services under the Design Phase will be considered complete at the earlier of (I) the date
when the submittals have been accepted by OWNER or (2) thirty (30) days after the date when such
submittals are delivered to OWNER for final acceptance, plus in each case such additional time as may
be considered reasonable for obtaining approval of governmental authorities having jurisdiction to
approve the portions of the Project designed or specified by ENGINEER, if such approval is to be
obtained during the Design Phase.
The duties and responsibilities of ENGINEER during the Design Phase are amended and supplemented
as indicated in Exhibit A.
2.2.
Bidding or Negotiating Phase
After acceptance by OWNER of the ENGINEER's Drawings, Specifications and other Design Phase
documentation (including the most recent opinion of probable Construction Cost), and upon written authorization
to proceed, ENGINEER shall:
2.2.1.
2.2.2.
2.2.3.
2.2.4.
Assist OWNER in advertising for and obtaining bids or negotiating proposals for the contract for
construction, materials, equipment and services; and, where applicable, maintain a record of prospective
bidders to whom Bidding Documents have been issued, attend pre-bid conferences, ifany, and receive
and process deposits for Bidding Documents.
Issue Addenda as appropriate to clarify, correct or change the Bidding Documents.
Consult with OWNER as to the acceptability of subcontractors, suppliers and other persons and entities
proposed by Contractor for those portions of the work as to which such acceptability is required by the
Bidding Documents.
Attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or proposals
and in assembling and awarding contracts for construction, materials, equipment and services.
Prof. Design, Bidding & Construction Services 912001
Page 3
The Bidding or Negotiating Phase will terminate and the services to be performed or furnished
thereunder will be considered complete upon commencement of the Construction Phase or upon
cessation of negotiations with prospective Contractors.
2.2.5.
The duties and responsibilities of ENGINEER during the Bidding or Negotiating Phase as set forth in
this paragraph 2.2 are amended and supplemented as indicated in Exhibit A.
2.3.
Construction Phase
During the Construction Phase:
General Administration of Construction Contract
ENGINEER shall consult with and advise OWNER and act as OWNER's representative as provided in
the Standard General Conditions. The extent and limitations of1:l\e duties, responsibilities and authority
of ENGINEER as assigned in said Standard General Conditions shall not be modified, except to the
extent provided in Exhibit A and except as ENGINEER may otherwise agree in writing. All of
OWNER's instructions to Contractor will be issued through ENGINEER who shall have authority to act
on behalf of OWNER in dealings with Contractor to the extent provided in this Agreement and said
Standard General Conditions except as otherwise provided in writing.
2.3.1.
2.3.2.
Visits to Site and Observation ofèonstruction
In connection with observations of the work of Contractor while in progress:
2.3.2.1.
ENGINEER shall make visits to the site at intervals appropriate to the various stages of
construction as ENGINEER deems necessary in order to observe as an experienced and
qualified design professional the progress and quality of the various aspects of Contractor's
work. In addition, ENGINEER shall provide the services of a Resident Project Representative
at the site to assist ENGINEER and to provide more continuous observations of such work.
The furnishing of such Resident Project Representative services will not extend ENGINEER's
responsibilities or authority beyond the specific limits set forth elsewhere in this paragraph
2.3. Such visits and observations by ENGINEER and the Resident Project Representative are
not intended to be exhaustive or to extend to every aspect of the work in progress, or to
involve detailed inspections of the work beyond the responsibilities specifically assigned to
ENGINEER in this Agreement and the Contract Documents, but rather are to be limited to
spot checking, selective sampling and similar methods of general observation of the work
based on ENGINEER's exercise of professional judgment as assisted by the Resident Project
Representative. Based on information obtained during such visits and such observations,
ENGINEER shall endeavor to determine in general if such work is proceeding in accordance
with the Contract Documents and ENGINEER shall keep OWNER informed of the progress
of the work. The responsibilities of ENGINEER contained in this paragraph are expressly
subject to the limitations set forth in paragraph 2.3 .2.2 and other express or general limitations
in this Agreement and elsewhere.
2.3.2.2. The purpose of ENGINEER's visits to and representation by the Resident Project
Representative at the site will be to enable ENGINEER to better carry out the duties and
responsibilities assigned to and undertaken by ENGINEER during the Construotion Phase,
and, in addition, by the exercise of ENGINEER's efforts as an experienced and qualified
design professional, to provide for OWNER a greater degree of confidence that the completed
work of Contractor will conform in general to the Contract Documents and that the integrity of
the design concept of the completed Project as a functioning whole as indicated in the
Contract Documents has been implemented and preserved by Contractor. On the other hand,
ENGINEER shall not, during such visits or as a result of such observations of Contractor's
work in progress, supervise, direct or have control over Contractor's work nor shall
ENGINEER have authority over or responsibility for the means, methods, techniques,
sequences or procedures of oonstruction selected by Contractor, for safety precautions and
programs incident to the work of Contractor or for any failure of Contractor to comply with
Prof Design, Bidding & Construction Services 912001 Page 4
2.3.3.
2.3.4.
2.3.5.
2.3.6.
2.3.7.
2.3.8.
2.3.9.
2.3.10.
laws, rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and
performing the work. Accordingly, ENGINEER neither guarantees the performanèe of any
Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its
work in accordance with the Contract Documents.
Defective Work
During such visits and on the basis of such observations, ENGINEER shaH have authority to
disapprove of or reject Contractor's work while it is in progress if ENGINEER believes that
such work will not produce a completed Project that conforms generaHy to the Contract
Documents or that it win prejudice the integrity of the desigu concept of the completed
Project as a functioning whole as indicated in the Contract Documents.
Clarifications and Interpretations; Field Orders
ENGINEER shaH issue necessary clarifications and interpretations of the Contract Documents
as appropriate to the orderly completion of the work. Such clarifications and interpretations
will be consistent with the intent of and reasonably inferable from the Contract Documents.
ENGINEER may issue Field Orders authorizing minor variations from the requirements of the
Contract Documents.
Change Orders and Work Change Directives
ENGINEER shaH recommend Change Orders and Work Change Directives to OWNER as
appropriate, and shaH prepare Change Orders and Work Change Directives as required.
Shop Drawings
ENGINEER shaH review and approve (or take other appropriate action in respect of) Shop
Drawings and Samples and other data which Contractor is required to submit, but only for
conformance with the information given in the Contract Documents and compatibility with the
desigu concept of the completed Project as a functioning whole as indicated in the Contract
Documents. Such reviews and approvals or other action will not extend to means, methods,
techniques, sequences or procedures of construction or to safety precautions and programs
incident thereto.
Substitutes
ENGINEER shaH evaluate and determine the acceptability of substitute or "or-equal"
materials and equipment proposed by Contractor, but subject to the provisions of paragraph
3.2.2.
Inspections and Tests
ENGINEER may require special inspections or tests of the work, and sha11 receive and review
aH certificates of inspections, tests and approvals required by laws, mles, regulations,
ordinances, codes, orders or the Contract Documents. ENGINEER's review of such
certificates will be for the purpose of determining that the results certified indicate compliance
with the Contract Documents and will not constitute an independent evaluation that the
content or procedures of such inspections, tests or approvals comply with the requirements of
the Contract Documents. ENGINEER shaH be entitled to rely on the results of such tests.
Disagreements between OWNER and Contrac/or
ENGINEER shall render the initial decisions on all claims of OWNER and Contractor
relating to the acceptability of the work or the interpretation of the requirements of the
Contract Documents pertaining to the execution and progress of the work. In rendering such
decisions, ENGINEER shaH be fair and not show partiality to OWNER or Contractor and
shall not be liable in connection with any decision rendered in good faith in such capacity.
Applicationsfor Payment
Prof Design, Bidding & Construction Se",ices 912001
Page 5
Based on ENGINEER's on-site observations as an experienoed and qualified design
professional and on review of Applications for Payment and the accompanying data and
schedules:
2.3.10.1. ENGINEER shall detennine the amounts that ENGINEER recommends Contractor
be paid. Such recommendations of payment will be in writing and will constitute
ENGINEER's representation to OWNER, based on such observations and review,
that, to the best of ENGINEER's knowledge, infonnation and belief, the work has
progressed to' the point indicated, the quality of such work is generally in
accordance with the Contract Documents (subject to an evaluation of such work as a
functioning whole prior to or upon Substantial Completion, to the results of any
subsequent tests called for in the Contract Documents and to any other
qualifications stated in the recommendation), and the conditions precedent to
Contractor's being entitled to such payment appear to have been fulfilled in so fur as
it is ENGINEER's responsibility to observe the work. In the oase of unit price
work, ENGINEER's recommendations of payment will include final detenninations
of quantities and classifications of such work (subject to any subsequent
adjustments allowed by the Contract Documents). The responsibilities of
ENGINEER contained in paragraph 2.3.10.1 are expressly subject to the limitations
set forth in paragraph 2.3.10.2 and other express or general limitations in this
Agreement and elsewhere.
2.3.10.2. By recommending any payment ENGINEER shall not thereby be deemed to have
represented that on-site observations made by ENGINEER to check the quality or
quantity of Contractor's work as it is perfonned and furnished have been exhaustive,
extended to every aspect of the work in progress, or involved detailed inspections of
the work beyond the responsibilities specifically assigned to ENGINEER in this
Agreement and the Contract Documents. Neither ENGINEER's review of
Contractor's work for the purposes of recommending payments nor ENGINEER's
recommendation of any payment (including final payment) will impose on
ENGINEER responsibility to supervise, direct or control such work or for the
means, methods, techniques, sequences or procedures of construction or safety
precautions or programs incident thereto, or Contractor's co¡npliance with laws,
rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing
and perfonning the work. It will also not impose responsibility on ENGINEER to
make any examination to ascertain how or for what purposes Contractor has used
the moneys paid on account of the Contract Price, or to detennine that title to any of
the work, materials or equipment has passed to OWNER ftee and clear of any liens,
claims, security interests or encumbrances, or that there may not be other matters at
issue between OWNER and Contractor that might affect the amount that should be
paid.
2.3.11.
Contractor's Completion Documents
ENGINEER shall receive, review and transmit to OWNER with written comments maintenance
and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of
insurance required by the Contract Documents, certificates of inspection, tests and approvals,
and marked-up record documents (including Shop Drawings, Samples and other data approved
as provided under paragraph 2.3.6 and marked-up record Drawings) which are to be assembled
by Contractor in accordance with the Contract Documents to obtain fmal payment.
ENGINEER's review of such documents will only be to detennine generally that their content
complies with the requirements of, and in the case of certificates of inspections, tests and
approvals that the results certified indicate compliance with, the Contract Documents.
Prof. Design, Bidding & Cons1J:uction Services 912001
Page 6
2.3.12.
2.3.13.
2.3.14.
2.3.15.
Substantial Completion
Following notice from Contractor that Contractor considers the entire work ready for its
intended use, ENGINEER and OWNER, accompanied by Contractor, shall conduct an
inspection to determine if the work is substantially complete. If after considering any
objections of OWNER, ENGINEER considers the work substantially complete, ENGINEER
shall deliver a certificate of Substantial Completion to OWNER and Contractor.
Final Notice of Acceptability of the Work
ENGINEER shall conduct a final inspection to determine if the completed work of Contractor
is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor.
Accompanying the recommendation for final payment, ENGINEER shall indicate that the work
is acceptable (subject to the provisions of paragraph 2.3.10.2) to the best of ENGINEER's
knowledge, information and belief and based on the extent of the services performed and
furnished by ENGINEER under this Agreement.
Limitation of Responsibilities
ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any
subcontractor, any supplier, or of any other person or organization performing or funrishing any
of the work, except for its own subcontractor under ENGINEER's direct control. ENGINEER
shall not, in the performance of its services hereunder, supervise, direct or have control over
Contractor(s) work nor shall ENGINEER have authority over or responsibility for the means,
methods, techniques, sequences or procedures of construction selected by Contractor(s), for
safety precautions and programs incident to the work of Contractor(s) or for any failure of
Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to
Contractor(s) furnishing and performing their work. Accordingly, ENGINEER shall not be
responsible for Contractor's failure to perform or funrish the work in accordance with the
Contract Documents.
Duration of Construction Phase
The Construction Phase will commence with the execution ofthe construction contract for the
Project or any part thereof and will terminate upon written recommendation by ENGINEER of
fmal payment. The duties and responsibilities of ENGINEER during the Construction Phase as
set forth in this paragraph 2.3 are amended and supplemented as indicated in Exhibit A.
2.4.
Overational Phase
During the Operational Phase, ENGINEER shall, when requested by OWNER:
2.4.1.
Provide assistance in connection with the refining and adjusting of any equipment or system.
2.4.2.
Assist OWNER in training OWNER's staff to operate and maintain the Project.
2.4.3.
Assist OWNER in developing systems and procedures for control of the operation and maintenance of
and record keeping for the Project.
Prepare a set of reproducible record drawings showing record information which ENGINEER considers
significant based on the Drawings"Shop Drawings, and other record documents furnished by Contractor
to ENGINEER which were annotated by Contractor to show all changes made during construction.
ENGINEER will not be responsible for any errors in or omissions in the information provided by
Contractor that is incorporated in tlÌe record drawings or other record documents.
2.4.4.
In company with OWNER, visit the Project to observe any apparent defects in the completed work, assist
OWNER in consultations and discussions with Contractor concerning correction of such defects, and
make recommendations as to replacement or correction of defective work.
2.4.5.
2.4.6. The Operational Phase may commence during the Construction Phase and will terminate one year after
the date of Substantial Completion.
Prof. Design, Bidding & Construction Services 912001 Page 7
The duties and responsibilities of ENGINEER during the Operational Phase as set forth in this paragraph 2.4 are
amended and supplemented as indicated in Exhibit A.
ARTICLE 3 - SPECIAL SERVICES OF ENGINEER
3.1.
Services Requiring Authorization in Advance
If authorized in writing by OWNER, ENGINEER shall furnish or obtain ITom others Special Services of the types
listed in paragraphs 3.1.1 through 3.1.16, inclusive, as amended and supplemented as indicated in Exhihit A.
These services are not included as part of Basic Services except to the extent otherwise provided in Exhihit A.
These services will be paid for by OWNER as indicated in Article 6.
3.1.1.
3.1.2.
3.1.3.
3.1.4.
3.1.5.
3.1.6.
3.1.7.
3.1.8.
3.1.9.
Preparation of applications and supporting doouments (in addition to those furnished under Basic
Services) for private or govenunental grants, loans or advances in connection with the Project;
preparation or review of environmental assessments and impact statements; review and evaluation of the
effect on the design requirements of the Project of any such statements and documents prepared by
others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated
environmental impact of the Project.
Services to make measured drawings of or to investigate existing conditions or facilities, or to verifY the
accuracy of drawings or other infonnation furnished by OWNER.
Services resulting from significant changes in the scope, extent or character of the portions of the Project
designed or specified by ENGINEER or its design requirements including, but not limited to, changes in
size, complexity, OWNER's schedule, character of construction or method of financing; and revising
previously accepted studies, reports, Drawings, Specifications or Contract Documents when such
revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted
subsequentto the effective date of this Agreement, or are due to any other causes beyond ENGINEER's
control.
Providing renderings or models for OWNER's use.
Preparing documents for alternate bids requested by OWNER for Contractor's work which is not
executed or documents for out-of-sequence work.
Undertaking investigations and studies including, but not limited to, detailed consideration of operations,
maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; assistance in obtaining financing for the Project; evaluating
processes available for licensing and assisting OWNER in obtaining process licensing; detailed quantity
surveys of materials, equipment and labor; and audits or inventories required in connection with
construction perfonned by OWNER.
Furnishing services of ENGINEER's Subcontractors for other than Basic Services; and furnishing data or
services of the types described in paragraph 4.4 when OWNER employs ENGINEER to provide such
data or services in lieu of furnishing the same under paragraph 4.4.
Services during out-of-town travel required of ENGINEER other than visits to the site or OWNER's
office as required by Article 2.
Preparing for coordinating with, participating in and responding to structured independent review
processes, including, but not limited to, Construction Management, Cost Estimating, Project Peer
Review, Value Engineering and Constructability Review requested by OWNER; and perfonning or
furnishing services required to revise studiès, reports, Drawings, Specifications or Contract Documents
as a result of such review processes.
Prof. Design, Bidding & Construction Serviees 9/2001
Page 8
3.1.1 O. Determining the acceptability of substitute materials and equipment proposed during the Bidding or
Negotiating Phase when substitUtion prior to the award of contracts is allowed by the Bidding
Documents.
3.1.11. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction,
materials, equipment or services.
3.1.12. Providing field surveys for design purposes, engineering surveys and staking to enable Contractor to
proceed with its work, and any type of property surveys or related engineering services needed for the
transfer of interests in real property; and providing other special field surveys.
3.1.13. Preparation of operating, maintenance and staffing manuals to supplement Basic Services under
paragraph 2.4.3.
3.1.14. Providing more extensive services required to enable ENGINEER to issue notices or certifications
requested by OWNER under paragraph 4.12.
3.1.15. Preparing to serve or serving as a consultant or wituess for OWNER in any litigation, arbitration or other
legal or administrative proceeding involving the Project (except for assistance in consultations which is
included as part of Basic Services under paragraph 2.1.2.).
3.1.16. Other Special Services performed or furnished by ENGINEER in connection with the Project, including
services which are to be furnished by OWNER under Article 4, and services not otherwise provided for
in this Agreement.
3.2.
ReQuired Special Services
When required by the Contract Documents in connection with the performance or furnishing of ENGINEER's
services during the Construction Phase, ENGINEER shall perform or furnish, without waiting for specific
authorization trom OWNER, Special Services of the types listed in paragraphs 3.2.1 through 3.2.7, inclusive.
These services are uot included as part of Basic Services except to the extent provided in Exhibit A. Required
Special Services will be paid for by OWNER as indicated in Article 6. ENGINEER shall advise OWNER in
writing promptly after starting any snch Special Services.
3.2.1.
3.2.2.
3.2.3.
3.2.4.
3.2.5.
Services in connection with Work Change Directives and Change Orders to reflect changes requested by
OWNER if, because of the method of compensation agreed upon by OWNER and ENGINEER, the
resulting change in compensation for Basic Services is not commensurate with the extent ofthe Special
Services rendered.
Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute
materials or equipment other than "or-equal" items; and services after the award of the construction
contract in evaluating and determining the acceptability of a substitution which is inappropriate for the
Project or an excessive number ofsubstitutions.
Services resulting trom significant delays, changes or price increases occurring as a direct or indirect
result of materials, equipment or euergy shortages.
Special or extended services during construction made necessary by (I) work damaged by fire or other
cause during construction, (2) a significant amount of defective, neglected or delayed work of Contractor,
(3) acceleration of the progress schedule involving services beyond normal working hours, or (4) default
by Contractor.
Services (other than Basic Services during the Operational Phase) in connection with any partial
utilization of any part of the Project by OWNER prior to its Substantial Completion.
Prof. Design, Bidding & Construction Services 9/2001
Page 9
3.2.6.
3.2.7.
Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in
connection with the work.
Services to review each shop drawing or other submittal more than two times.
ARTICLE 4 - OWNER'S RESPONSffiILITIES
Except as otherwise prøvidedin Exhibit A, OWNER shall do the following in a timely manner so as notto delay the
services of ENGINEER and shall bear all costs incident thereto:
Designate in writing a person to act as OWNER's representative with respect to the services to be performed or
furnished by ENGINEER under this Agreement. Such person will have complete anthority to transmit
instructions, receive information, interpret and define OWNER's policies and decisions with respect to
ENGINEER's services for the Project.
4.1.
Provide all criteria and full information as to OWNER's requirements for the Project, includillg design objectives
and constraints, space, capacity and performance requirements, flexibility and expandability, and furnish copies of
all design and construction standards which OWNER will require to be included in the Drawings and
Specifications.
4.2.
4.3.
Assist ENGINEER by placing at ENGINEER's disposal all available information pertinentto the Project including
previous reports and any other data relative to design or construction of the Project.
4.4.
Furnish to ENGINEER, as requested by ENGINEER, for performance of Basic Services or as required by the
Contract Documents, the following:
4.4.1.
4.4.2.
4.4.3.
4.4.4.
4.4.5.
4.4.6.
4.4.7.
4.4.8.
services provided or data prepared by others, including, without limitation, explorations and tests of
subsurface conditions at or contiguous to the site, drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site, or hydrographic surveys;
the services of an independent testing laboratory to perform all inspections, tests and approvals of
samples, materials and equipment;
appropriate professional interpretation of all of the foregoing;
environmental assessments, audits, investigations and impact statements, and other relevant
environmental or cultural studies as to the Project, the site and adjacent areas;
field surveys for design purposes and property, boundary, easement, right-of-way, topographic and utility
surveys or data, including relevant reference points;
property descriptions;
zoning, deed and other land use restrictions; and
other special data or consultations not covered in Article 2.
OWNER shall be responsible for, and ENGINEER may rely upon, the accuracy and completeness of all reports,
data and other information furnished pursuant to this paragraph. ENGINEER may use such reports, data and
information in performing or furnishing services under this Agreement.
4.5.
Provide, as required by the Contract Documents, engineering surveys and staking (except as otherwise provided in
Exhibit A) to enable Contractor to proceed with the layout of the work, and other special field surveys.
4.6. Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as
required for ENGINEER to perform services under this Agreement.
Prof. Design, Bidding & Construction Services 912001 Page 10
4.7.
Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor and other
consultants as OWNER deems appropriate with respect to such examination) and render in writing decisions
pertaining thereto.
4.8.
Provide approvals and pennits ÍÌ'om all governmental authorities having jurisdiction to approve the portions of the
Project designed or specified by ENGINEER and such approvals and consents ÍÌ'om others as may be necessary
for completion of suoh portions of the Project.
4.9.
Provide, as may be required, for the Project:
4.9.1.
accounting, bond and [mancial advise, independent cost estimating and insurance counseling services;
4.9.2.
such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal
issues pertaining to the Project, including any that may be raised by Contractor; and
4.9.3.
such auditing services as OWNER may require to ascertain how or for what purpose Contractor has used
the moneys paid on account of the Contract Price.
4.10. Provide such inspection or monitoring services by an individual or entity other than ENGINEER as OWNER may
desire to verify,
4.10.1. that Contractor is complying with any law, rule, regulation, ordinance, code or order applicable to
Contractor's perfonning and furnishing the work; or
4.10.2. that Contractor is taking all necessary precautions for safety of persons or property and complying with
any special provisions of the Contract Documents applicable to safety.
ENGINEER does not undertake in this Agreement to perfonn the services refeITed to in 4.10.1 and 4.10.2 above. The
identity of any individual or entity employed to perfonn such services and the scope of such services will be disclosed to
ENGINEER.
4.11.
Advise ENGINEER of the identity and scope of services of any independent consultants employed by OWNER to
perfonn or furnish services in regard to the Project, including, but not limited to, Construction Management, Cost
Estimating, Project Peer Review, Value Engineering and Constructability Review. !fOWNER designates a person
or entity other than, or in addition to, ENGINEER to represent OWNER at the site, OWNER shall define and set
forth in an exhibit that is to be mutually agreed upon and attached to and made a part of this Agreement before
such services begin, the duties, responsibilities and limitations of authority of such other party and the relation
thereofto the duties, responsibilities and authority of ENGINEER.
4.12. Prior to the commencement of the Construction Phase, notifY ENGINEER of any variations in the language of the
Notice of Acceptability of Work, or of any notice or certification other than such Notice that ENGINEER will be
requested to provide to OWNER or third parties in connection with the financing or completion of the Project.
OWNER and ENGINEER shall reach agreement on the tenos of any suoh requested notice or certification and
OWNER shall authorize such Special Services as are necessary to enable ENGINEER to provide the notice or
certification requested under this paragraph.
4.13. If more than one prime contract is to be awarded for work designed or specified by ENGINEER, designate a
person or entity to have authority and responsibility for coordinating the activities among the various prime
contractors, and define and set forth the duties, responsibilities and limitations of authority of such person or entity
and the relation thereof to the duties, responsibilities and authority of ENGINEER in an exhibit that is to be
mutually agreed upon and attached to and made a part of this Agreement before such services begin.
4.14. Fumish to ENGINEER data or estimated figures as to OWNER's anticipated costs for services to be provided by
others for OWNER (such as services pursuant to paragraphs 4.4, 4.5 and 4.7 through 4.14, inclusive) and other
Prof Design, Bidding & Construetion Services 912001 Page 11
costs so that ENGINEER may make the necessary calculations to develop and periodically adjust ENGINEER's
opinion of Total Project Costs-
4.15. Attend the pre-bid conference, bid opening, pre-cons1ruction conferences, cons1ruction progress and other job
related meetings and Substantial Completion and final payment inspections.
4.16. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or time of performance or furnishing of ENGINEER's services, or any defect or
nonconfonnance in ENGINEER's services or in the work of any Contractor.
4.17. Furnish or direct ENGINEER to provide, Special Services as stipulated in paragraph 3.1 of this Agreement or
other services as required.
4.18. Provide labor and safety equipment to open and protect manholes andlor to operate valves and hydrants as
required by the ENGINEER.
4.19. Bear all costs incident to compliance with the requirements of this Article 4.
ARTICLE 5 - TIMES FOR RENDERING SERVICES
5.1.
If in this Agreement specific periods oftime forrendering services are set forth or specific dates by which services
are to be completed are provided and if such periods of time or dates are changed through no fuultofENGINEER,
the rates and amounts of compensation provided for herein shall be subjectto equitable adjusnnent. If OWNER
has requested changes in the scope, extent orcharacter of the Project, the time of performance and compensation
for ENGINEER's services shall be adjusted equitably.
5.2.
If ENGINEER's services are delayed or suspended in whole or in part by OWNER:
5.2.1.
for more than three months through no fault of ENGINEER, ENGINEER shall be entitled to equitable
adjusnnent of rates and amounts of compensation provided for elsewhere in this Agreement to reflect,
among other things, reasonable costs incurred by ENGINEER in connection with such delay or
suspension and reactivation and the fact that the time for performance under this Agreement has been
revised; or
5.2.2.
for more than one year through no fault of ENGINEER, the rates and amounts of compensation provided
for elsewhere in this Agreement will be subject to equitable adjustment to reflect, among other things,
changes in the various elements that comprise such rates of compensation.
5.3.
In the event that the work designed or specified by ENGINEER is to be performed or furnished under more than
one prime contract, or if ENGINEER's services are to be separately sequenced with the work of one or more prime
contractors (such as in the case of fast-tracking), OWNER and ENGINEER shall, develop a schedule for
performance of ENGINEER's services in order to sequence and coordinate properly such services as are
applicable to the work under such separate prime contracts. This schedule is to be prepared and included in
Exhibit A whether or not the work under such contracts is to proceed concurrently.
ARTICLE 6 - PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES
6.1.
Methods ofPavrnent for Services and Exoenses of ENGINEER
6.1.1.
For Basic Services
OWNER shall pay ENGINEER for Basic Services performed or furnished under Article 2 on the basis
set forth in Exhibit A.
6.1.2.
For Special Services
OWNER shall pay ENGINEER for Special Services performed or furnished under Article 3 on the basis
set forth in Exhibit A.
Prof Design, Bidding & Construction Services 91200 I
Page 12
6.1.3.
6.1.4.
For Reimbursable Expenses
In addition to payments provided for in paragraphs 6.1.1 and 6. 1.2, OWNER shall pay ENGINEER for
Reimbursable Expenses incurred by ENGINEER and ENGINEER's Subcontractors as set forth in
Exhibit A. The amount payable for Reimbursable Expenses will include a factor to the extent so
indicated in Exhibit A.
Tax on Service
The amount of any excise, VAT or gross receipts tax that may be imposed shall be added to the
compensation as detennined above.
6.2.
Other Provisions Concerning Pavments
6.2.1.
6.2.2.
Preparation of Invoices
Invoices for Basic and Special Services and Reimbursable Expenses will be prepared in accordance with
ENGINEER's standard invoicing practices and will be submitted to OWNER by ENGINEER at least
monthly. The amount billed for Basic Services and Special Services in each invoice will be calculated on
the basis set forth in Exhibit A. Invoices are due and payable on receipt.
Unpaid Invoices
If OWNER, for any reason, including, but not limited to, fails to make any payment due ENGINEER for
services and expenses within thirty (30) days after receipt of ENGINEER's invoice therefor, the amounts
due ENGINEER will be increased at the rate of 1.0% per month (or the maximum rate of interest
pennitted by law, ifless) from said thirtieth day; and, in addition, ENGINEER may, after giving seven
days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid
in full all amounts due for services, expenses and charges. Payments will be credited first to interest and
then to prineipal. In the event of a disputed or contested billing, only that portion so contested may be
withheld from payment, and the undisputed portion will be paid.
OWNER agrees to pay ENGINEER all costs of collection including but not limited to reasonable
attorneys' fees, collection fees and court costs incurred by ENGINEER to collect properly due payments.
ARTICLE 7 - OPINIONS OF COST
7.1.
Ooinions of Probable Construction Cost
ENGINEER's opinions of probable Construction Cost provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced and
qualified professional engineer generally familiar with the construction industry. However, since ENGINEER has
no control over the cost of labor, materials, equipment or services furnished by others, or over the Conttactor's
methods of detennining prices, or over competitive bidding or market conditions, ENGINEER cannot and does
not guarantee that proposals, bids or actual Construction Cost will not vary from opinions of probable
Construction Cost prepared by ENGINEER. If OWNER wishes greater assurance as to probable Construction
Cost, OWNER shall employ an independent cost estimator as provided in paragraph 4.9.
8.1.
Tennination
ARTICLE 8 - GENERAL CONSIDERATIONS
The obligation to provide further services under this Agreement may betenninated by either party upon tlrirty(30)
days' written notice in the event of substantial failure by the other party.to perfonn in accordance with the tenns
thereof through no fault of the tenninating party. In the event of any tennination, ENGINEER will be paid for all
services rendered and reimbursable expenses incurred to the date of tennination and, in addition, all reimbursable
expenses directly attributable to tennination.
8.2.
Reuse ofDocwnents
PageD
Prof. Design, Bidding & Construction Services 912001
All documents including Drawings and Specifications provided or furnished by ENGINEER (or ENGINEER's
Subcontractors) pursuant to this Agreement are instruments of service in respect of the Project, and ENGINEER
and ENGINEER's Subcontractors, as appropriate, shall retain an ownership and property interest therein
(including the right of reuse by and at the discretion of ENGINEER and ENGINEER's Subcontractors, as
appropriate) whether or not the Project is completed. OWNER may make and retain copies for information and
reference in connection with the use and occupancy of the Project by OWNER and others; however, such
documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the
Projeot or on any other project. Any suoh reuse without written verification or adaptation by ENGINEER and
ENGINEER'S Subcontractors, as appropriate, for the specific purpose intended will be at OWNER's sole risk and
without liability or legal exposure to ENGINEER, or to ENGINEER's Subcontractors, and OWNER shall
indemnity and hold harmless ENGINEER and ENGINEER's Subcontractors fi-om all claims, damages, losses and
expenses including attorneys' fees arising out of or resulting theretrom. Any such verification or adaptation will
entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER
8.3.
Mutual Waiver ofConseouential Damages
Notwithstanding any other provision of this Agreement to the contrary, neither party including their officers,
agents, servants and employees shall be liable to the other for lost profits or any special, indirect, incidental, or
consequential damages in any way arising out of this Agreement however caused under a claim of any type or
nature based on any theory of liability (including, but not limited to: contract, tort, or warranty) even if the
possibility of such damages has been communicated.
8.4.
Force Maieure
Any delays in or failure of perfonnance by ENGINEER shall not constitute a default under this Agreement if
such delays or failures of perfonnance are caused by occurrences beyond the reasonable control of
ENGINEER including hut not limited to: acts of God or the public enemy; expropriation or confiscation;
compliance with any order of any governmental authority; changes in law; act of war, rebellion, terrorism or
sabotage or damage resulting therefi-om; fIres, floods, explosions, accidents, riots; strikes or other concerted
acts of workmen, whether direct or indirect; delays in pennitting; OWNER's failure to provide data in
OWNER's possession or provide necessary comments in connection with any required reports prepared by
ENGINEER, or any other causes which are beyond the reasonable control of ENGINEER. ENGINEER's
scheduled completion date shall be adjusted to account for any force majeure delay and ENGINEER shall be
reimbursed by OWNER for all costs incurred in connection with or arising fi-om a foroe majeure event,
including but not limited to those costs incurred in the exercise of reasonable diligence to avoid or mitigate a
force majeure event.
8.5.
Controlling Law
This Agreement is to be governed by the law of the principal place of business of ENGINEER.
8.6.
Successors and Assigns
8.6.1.
OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators
and legal representatives of OWNER and ENGINEER (and to the extent pennitted by paragraph 8.5.2
the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreement and to
the partners, successors, executors, administrators and legal representatives (and said assigns) of such
other party, in respect of all covenants, agreements and obligations of this Agreement.
8.6.2. Neither OWNER nor ENGINEER may assign, sublet or transfer any rights under or interest (including,
but without limitation, moneys that may become due or moneys that are due) in this Agreement without the written
consent of the other, except to the extent that any assigrnnent, subletting or transfer is mandated by law or the
effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent
to an assigrnnent, no assigrnnent will release or discharge the assignor trom any duty or responsibility under this
Agreement.
Prof. Design, Bidding & Construction Services 91200 I
Page 14
8.6.3.
Unless expressly provided otherwise in this Agreement:
8.6.3.1.
Nothing in this Agreement shall be oonstrued to create, impose or give rise to any duty owed
by ENGINEER to any Contractor, Subcontractor, Supplier, other person or entity, or to any
surety for or employee of any of them, or give any rights in or benefits under this Agreement
to anyone other than OWNER and ENGINEER.
8.6.3.2.
All duties and responsibilities undertaken pursuantto this Agreement will be for the sole and
exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party.
8.7.
Notices
Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address
which appears on the signature page of this Agreement (as mollified in writing ITom time to time by such party)
and given personally, by registered or certified mail, return receipt requested, by facsimile, or by a nationally
recognjzed overnight courier service. All notices shall be effective upon the date of receipt.
8.8.
Severability
Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be
deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and
ENGINEER, who agree that the Agreement shall be refonned to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken
provision.
8.9. Chan"e Orders
8.9.1.
Any work not contained in Exhibit A, Scope of Work, shall be a change and shall be perfonned by
ENGINEER only pursuant to a written Change Order to this Agreement signed by OWNER and
ENGINEER. Such a Change Order may increase or decrease the Work within the general scope of this
Agreement. If this Change Order causes an increase in the cost of the work:, or of the time required for
the perfonnance of the work, ENGINEER shall be paid additional compensation acceptable to both
parties in accordance with Exhibit A or granted an extension of the schedule, or both.
8.9.2.
In the event OWNER requests ENGINEER to develop infonnationnecessary for the consideration of a
change in the Project, and such a change is not adopted, OWNER shall reimburse ENGINEER for the
costs which it incurs in connection with such efforts.
8.10. Insurance
ENGINEER shall procure and maintain insurance for protection ITom claims under workers' compensation acts,
claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all
employees or of any person other than such employees, and from claims or damages because of injury to or
destruction of property including loss of use resulting thereITom.
8.11. Discoverv
ENGINEER shall be entitled to compensation on a time and materials basis when responding to all requests for
discovery relating to this Project and to extent that ENGINEER is not a party to the lawsuit.
8.12. Nondiscrimination and Affinnative Action
In connection with its perfonnance under this Agreement, ENGINEER shall not discriminate against any
employee or applicant for employment because of race, color, creed, religion, age, sex, marital status, sexual
orientation or affection preference, national origin, ancestry, citizenship, physical or mental handicap or because
pror. Design, Bidding & Construction Services 912001
Page 15
he or she is a disabled veteran or veteran of the Vietnam era. ENGINEER shall take affirmative action to ensure
that qualified applicants are employed and that employees are treated during employment without regard to their
race, color, creed, religion, age, sex, marital statns, sexual orientation or affectional preferenoe, national origin,
ancestry, oitizenship, physical or mental handicap or because he or she is a disabled veteran or veteran of the
Vietnam era. Such actions shall include recruiting and hiring, selection for training, promotion, fudng rates or
other compensation, benefits, transfers and layoff or termination.
ARTICLE 9 - EXHIBITS AND SPECIAL PROVISIONS
9.1.
This Agreement is subject to the provisions of the following Exhibits which are attached to and made a part of the
Agreement:
9.1.1.
Exhibit A, "Further Description of Engineering Services and Related Matters," consisting on pages.
9.1.2.
Exhibit B, "Duties, Responsibilities and Limitations of Authority of Resident Project Representative,"
consisting of 4 pages.
9.1.3.
This Agreement (consisting of Pages I to 17 inclusive) and the Exhibits identified above constitute the
entire agreement between OWNER and ENGINEER and supersede all prior written o~ oral
understandings. This Agreement may only be amended, supplemented, modified or canceled by a duly
executed written instrument.
9.1.4
Additional Exhibits
Exhibit C, "Professional Services Insurance Requirements" consisting of I page.
TIllS AREA WAS INTENTIONALLY LEFT BLANK
Prof. Design, Bidding & Coiistruction Services 9/200 I
- Page 16
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date first above
written.
OWNER:
ENGINEER'¡ ~
By: Timothy D. Wilhams
By:
Title:
Title:
Principal Client Officer
Address for giving notices:
Address for giving notices:
Camp Dresser & McKee Inc.
121 Tijeras Avenue NE
Albuquerque, NM 87102
Prof. Design. Bidding & Construction Se",ices 9/200 I
Page 17
EXHIBIT A TO AGREEMENT
BET~ENO~RANDENGThŒER
FOR
PROFESSIONAL DESIGN, BIDDING AND CONSTRUCTION SERVICES
FURTHER DESCRIPTION OF ENGThŒERING SERVICES AND RELATED MATTERS
This is an exhibit attached to and made a part of the Agreement dated ,2001 between the City
of Salina, Kansas (OWNER) and Camp Dresser & McKee Inc. (ENGINEER) for professional services.
1.
The Basic Services of ENGINEER as described in Section 2 of said Agreement are amended and
supplemented as follows:
TASK 1 - PRELIMINARY DESIGN
ENGINEER will establish preliminary base grades at the northern portion of the City of Salina
Municipal Solid Waste Landfill (MSWLF) site. Specifically, topography will be established for the
area north of the southern boundary of the Original Landfill and bounded by the property boundary.
In order to verify that the clay cover soils currently placed at the sideslopes of Cell I and Cell 2
comply with the approved closure plan, the ENGINEER will conduct geotechnical testing of the soil
cover. ENGINEER will establish the following geotechnical infonnation for the existing soil cover on
a fi'equency of one test per acre: undisturbed penneability, cover soil thickness, soil grain size
distribution, and Atterberg Limits. In addition, soil compaction curves and permeabitity will be
established for 2 soil samples collected fi'om the soit borrow area and existing cover.
A Preliminary Design report (letter fonnat) will be provided that summarizes the results of the
investigation and presents the data obtained.
TASK 2 - PREP ARA nON OF BID DOCUMENTS
ENGINEER will prepare design drawings and specifications for the closure of Cell I and Cell 2, and
installation of a passive landfill gas (LFG) management system for the original landfill, CellI, and
Cell 2 at the City of Salina Municipal Solid Waste Landfill (MSWLF) site. Cell closure design is
assumed to be similar to the approved closure plan. Gas management system design assumes passive
venting of LFG at vertical gas extraction wells. The anticipated bid doouments include:
Title Sheet;
Site Base Grading Plan;
Cell 1/Cell 2 Closure Grading Plan;
Cell 1/Cell 2 Cross-Sections;
Original Landfill/CellI/Cell 2 Landfill Gas (LFG) System;
Miscellaneous Details;
Construction Specifications.
Page 1 of3
,olina cIo,w-e Exhibit AI
ENGINEER will submit a preliminary and ninety (90%) percent design packages to the OWNER for
review and comment. ENGINEER will incorporate OWNER's comments and will fmalize design,
making it ready for construction bidding. ENGINEER will prepare specifications for project
construction and an opinion of probable construction cost.
TASK 3 - BIDDING OR NEGOTIATING PHASE
ENGINEER will assist the OWNER as described in Section 2.2 of said Agreement in advertising for
and obtaining bids, addressing pre-bid questions, issuing Addenda as appropriate, attending pre-bid
conference and bid opening. ENGINEER will provide services during the bidding and construction,
and provide staff necessary for completion of the services described herein.
GENERAL SERVICES DURING CONSTRUCTION
This task will be presented in a future amendment.
TASK 5 - RESIDENT PROJECT REPRESENTATIVE SERVICES
This task will be presented in a future amendment.
2.
The responsibilities of OWNER as described in Section 4 of said Agreement are amended and
supplemented as follows:
Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents
presented by ENGINEER, obtain advice of an attorney, insurance counselor, and other consultants as
he deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services to ENGINEER.
Provide suoh legal, accounting insurance, and other counseling services as may be required for the
project.
Furnish approvals and permits from all governmental authorities having jurisdiction over the project
and such approvals and consents from other as may be necessary for completion of the Project.
3.
The time periods for the performance of ENGINEER's servioes as set forth in Section 5 of said
A!¡\reement are amended and supplemented as follows:
The project will commence on-or-about January 1, 2002 and end on or about December 31,2002, as
agreed upon with the OWNER.
4.
The method of payment for services rendered by ENGINEER shall be as set forth below.
For the Basic Services performed under Section 2, the OWNER agrees to pay the ENGINEER as
follows:
,'¡;n,clo,ure ExlUbit Al
Page 2 00
For work done by the ENGINEER at the salary cost of such services for employees plus 210% of the
salary cost for overhead and profit plus actual out.of -pocket expense costs. Salary cost is defined as
the cost of salaries (including sick leave, vacation, and holiday pay applicable thereto) for time directly
chargeable to the project; plus unemployment, excise, and payroll taxes; and contributions for social
security, employment compensation insurance, retirement benefits, and medical and other group
insuranoe benefits.
Actual out-of-pocket expense costs are all costs other than salary costs that are incurred during the
progress of the work. The actual out-of-pocket expense costs include: air fare, automobile rental if
required, mileage charges, parking, tolls, taxi, meals, lodging, telephone, printing and reproduction
costs, and other miscellaneous costs incurred specifically for this project. The charges for in-house
computer program and word prooessor usage will be at the ENGINEER's regular rates. The charges
for in-house laboratory analyses and rental of field equipment will be at the ENGINEER's regular
rates.
For work done by subcontract or consultants, at the actual cost to the ENGINEER of such services
plus 10 percent.
The total cost of all Basic Services shall not exoeed $ 86,000.
Acceptance ofthetenns of this Exhibit is acknowledged by the following authorized signatures of the parties
to the Agreement:
OWNER
CITY OF SALINA, KANSAS
ENGINEER
CAMP DRESSER & McKEE INC.
~
By: \
TimOthy;' Willi- s
Title: Principal
-----
By
Title:
Date
Date:
~,3,~(
ATTEST:
Page 3 of3
.m." do"",, Exhibit Al
EXIllBIT B TO AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES DURING
BIDDING AND CONSTRUCTION
DUTIES, RESPONSffiILITIES AND LIMITATIONS OF AUTHORITY
OF THE RESIDENT PROJECT REPRESENTATIVE
This is an Exhibit attached to, made a part of and incorporated by reference with the Agreement made on
,200 I between the City of Salina, Kansas (OWNER) and Camp Dresser & McKee Inc. (ENGINEER)
providing for professional engineering services.
ENGINEER shall furnish a Resident Project Representative ("RPR"), assistants and other field staff to assist ENGINEER
in observing progress and quality of the work of Contractor.
Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the
RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and
deficiencies in the work of Contractor. However, ENGINEER shall not, during such visits or as a result of such
observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work nor shall
ENGINEER have authority over or responsibility for the means, methods, techniques, sequences or procedures selected
by Contractor, for safety precautions and programs incident to the work of Contractor, for any faiture of Contractor to
comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's performing and fumishingthe
work, or responsibility of construction for Contractor's failure to furnish and perform the Work in accordance with the
Contract Documents.
The duties and responsibilities of the RPR are limited to those of ENGINEER in ENGINEER's agreement with the
OWNER and in the construction Contract Documents, and are further limited and described as follows:
A. General
RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer
with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be
with ENGINEER and Contractor, keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only
be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with OWNER with
the knowledge of and under the direction of ENGINEER.
B, Duties and Responsibilities ofRPR
1.
Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values
prepared by Contractor and consult with ENGINEER concerning acceptability.
2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress
meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes
thereof.
Page 1
Exhibit B 3/2000
3. Liaison:
a.
Serve as ENGINEER's liaison with ContractOr, working principally through Contractor's superintendent
and assist in understanding the intent of Contract Documents; and assist ENGINEER in serving as
OWNER's liaison with Contractor when Contractor's operations affect OWNER's on-site operations.
b. Assist in obtaining !Tom OWNER additional details or infonnation, when required for proper execution of
the Work.
4. Shop Drawings and Samples:
5.
a.
Record date of receipt of Shop Drawings and Samples.
b.
Reoeive Samples which are furnished at the site by Contraotor, and notifY ENGINEER of availability of
Samples for examination.
c.
Advise ENGINEER and Contractor of the conunencement of any Work requiring a Shop Drawing or
Sample if the submittal has not been approved by ENGINEER.
Review of Work, Rejection of Defective Work, Inspections and Tests:
a.
Conduct on-site observations ofthe Work in progress to assist ENGINEER indetennining if the Work is in
general proceeding in accordance with the Contract Documents.
b.
Report to ENGINEER whenever RPR believes that any Work will not produce a completed Project that
comonns generally to the Contract Documents or will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or
does not meet the requirements of any inspection, test or approval required to be made; and advise
ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for
observation, or requires special testing, inspection or approval.
c.
VerifY that tests, equipment and systems start-ups and operating and maintenance training are conducted in
the presence of appropriate personnel, and that Contractor maintains adequate records thereof; and observe,
record and report to ENGINEER appropriate details relative to the test procedures and start-ups.
d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project,
record the results of these inspections and report to ENGINEER.
6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the
Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by
ENGINEER.
7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications
and report with RPR's reconunendations to ENGINEER. Transmitto Contractor in writing decisions as issued
by ENGINEER.
Exhibit B 312000
Page 2
8.
9. Reports:
Records:
a.
Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and
Samples, reproductions of original Contract Documents including all Work Change, Addenda, Change
Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract,
ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing
submittals received ITom and delivered to Contractor and other Project related documents.
b.
Prepare a daily report or keep a diary or log book, recording Contractor's hours on the job site, weather
conditions, data relative to questions of Work Change Directives, Change Orders or changed conditions,
list of job site visitors, daily activities, decisions, observations in general, and specific observations in more
detail as in the case of observing test procedures; and send copies to ENGINEER.
c.
Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of
materials and equipment.
a.
Furnish to ENGINEER periodic reports as required of progress of the Work and of Contractor's compliance
with the progress schedule and schedule of Shop Drawing and Sample submittals.
b.
Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of
the Work.
c.
Draft proposed Change Orders and Work Change Directives, obtaining backup material ITom Contractor
and reconunend to ENGINEER Change Orders, Work Change Directives, and Field Orders.
d.
Report immediately to ENGINEER and OWNER the occurrence of any accident.
10. Payment Requests: Review Applications for Payment with Contractor for compliance with the established
procedure for their submission and forward with reconunendations to ENGINEER, noting particularly the
relationship of the payment requested to the schedule of values, Work completed and materials and equipment
delivered at the site but not incorporated in the Work.
II. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates,
maintenance and operation manuals and other data required to be assembled and furnished by Contractor are
applicable to the itelDS actually installed and in accordance with the Contract Documents, and have this material
delivered to ENGINEER for review and forwarding to OWNER prior to fmal payment for the Work.
12. Completion:
Exhibit B 312000
a.
Before ENGINEER issues a Certificate of Substantial Completion, submit to Contractor a list ofobserved
itelDS requiring completion or correction.
b.
Observe whether Contractor has had'performed inspections required by laws, rules, regulations, ordinances,
codes, or orders applicable to the work, including but not limited to those to be performed by public
agencies having jurisdiction over the work.
c.
Conduct a fmal inspection in the company of ENGINEER, OWNER and Contractor and prepare a fina1list
of items to be completed or corrected.
Page 3
d.
Observe whether all items on final list have been completed or corrected and make reoommendations to
ENGINEER oonceming acceptance and issuance of the Notice of Acceptability of the Work.
C. Limitations of Authority by RPR
Resident Project Representative:
I.
Shall not authorize any deviation ftom the Contract Documents or substitution of materials or equipment
(including "or-equal" items), unless authorized by ENGINEER.
2.
Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents.
3.
Shall not undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor's
superintendent.
4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods,
techniques, sequences or procedures of construction unless such advice or directions are specifically required by
the Contract Documents.
5.
Sball not advise on, issue directions regarding or assume control over safety precautions and programs in
coooection with the Work.
6.
Shall not accept Shop Drawing or Sample submittals ftom anyone other than Contractor.
7.
Shall not anthorize OWNER to occupy the Project in whole or in part.
8.
Shall not participate in specialized field or laboratory tests or inspections conducted by others except as
specifically authorized by ENGINEER.
Page 4
Exhibit B 312000
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