8.8 Agr Landfill Leachate .- CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
01/03/94 _4:O0 P.M.
AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APPROVED FOR
NO. 8 General Services AGENDA:
8 .BY: Frank R. Weinh BY:
Item
Resolution No. 94-4683, authorizing a contract with Camp Dresser and McKee, Inc. for
professional engineering and consulting service for the design and operational procedure
for handling landfill leachate.
Background
Landfill regulations, both Subtitle D and KDHE limit leachate in the bottom of a landfill
cell to no more than 12 inches. Regulations require the recirculation and/or treatment
of leachate. The contract with CDM will provide a design of pumps, tanks and
procedure for handling of the landfill leachate.
The cost of the proposed design and procedure is $31,400. This contract would be paid
from the Solid Waste fund, a fee supported fund.
Recommended Action:
Approve Resolution No. 94- 4683, authorizing a contract with Camp Dresser and McKee,I
Inc. to provide consulting service for the design and operating procedure in handlin~
landfill leachate.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER FOR
PROFESSIONAL DESIGN, BIDDING AND CONSTRUCTION SERVICES
THIS IS AN AGREEMENT made as of January 3, ,19 .g.4 ~
between the City of Salina, Kansas
f"OWNER") and
Caap 0resser & McKee Inc.
("ENGINEER").
OWNER intends to employ ENGINEER to perfom professional engineering
services in connection with design, bidding, construction general
services, and residential engineering services associated with the
C~ty of Sal~na Municipal Solid Naste Landf~11 iaprove~ents
(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 ENGI-
NEER 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 Section 2 below and as further set forhh in
Exhibit A, "Further Description of Engineering Services and Related Matters" ("Exhib-
it A") and in the other exikibits listed in Section 9 below. This Agreement will become
effective on the date first above written.
Page I of 18
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SEC'I"ION 1---GENERAL merit as defined in the Standard General
Conditions.
1.1. Standard of Care
1.3. Definitions
ENGINEER shall perform for or furnish
to OWNER professional engineering and Wherever used in this A~reement the
related services in all phases of the following terms have the meanings
Project to which this Agreement applies indicated which are applicable to both
as hereinafter provided. ENGINEER the singular and plural thereof:
shall serve as OWNER's prime design
professional and engineering representa- 1-3.1. Special
tive for the Project providing professional Special Services means the services to be
engineering consultation and advice with performed for or furnished to OWNER by
respect thereto. ENGINEER may employ ENGINEER described in Section 3 of this
such ENGINEER's Subcontractors as Agreement.
ENGINEER deems necessary to assist in
the performance or furnishing of profes- 1.3.2. Agre~t.
sional engineering and related services Agreement means this Standard Form of
hereunder. ENGINEER shall not be Agreement between OWNER and ENGI-
required to employ any OWNER's NEER for Professional Services including
Subcontractors unacceptable to ENGI- those exhibits listed in Section 9 of this
NEER. Agreement.
The standard of care for all professional 1.3.3. Basic Services.
engineering and related services per- Basic Services means the services to be
formed or furnished by ENGINEER under performed for or furnished to OWNER by
this Agreement will be the care and skill ENGINEER described in Section 2 of this
ordinarily used by members of ENGI- Agreement.
NEER's profession practicing under
similar conditions at the same time and 1.3.4. Construction Cost.
in the same locality. ENGINEER makes Construction Cost means the total cost to
no warranties, express or implied, under OWNER of those portions of the entire
this Agreement or otherwise, in connec- Project designed or specified by ENGI-
tion with ENGII~IEER's services. NEER. Construction Cost does not include
ENGINEER's compensation and expenses,
1.2 Coordination with Other Documents the cost of land, rights-of-way, or com-
pensation for or damages to properties, or
It is the intention of the parties that the OWNER's legal accounting, insurance
Standard General Conditions will be used counseling or auditing services, or interest
as the General Conditions for the Project and financing charges incurred in connec-
and that all amendments thereof and tion with the Project or the cost of other
supplements thereto will be generally services to be provided by others to
consistent therewith. Except as other- OWNER pursuant to Section 4 of this
wise defined herein, the terms which Agreement. Construction Cost is one of
have an initial capital letter in this the itemscomprisingTotalProjectCosts.
Agreement and are defined in the Stan-
dard General Conditions will be used in 1.3.5. Contractor.
this Agreement as defined in the Stan- Contractor means the person or entity
dard General Conditions. The term with whom OWNER enters into a written
'defective" will be used in this Agree- agreement covering construction work to
Page 2 of 18
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be performed or furnished with respect to ENGINE"ER and (on the basis of inforrna-
the Project. tion furnished by OWNER) allowances
for such other items as charges of all
1.3.6. ENGINEER's Subcontractor. other professionals and consultants, for
ENGINEER's Subcontractor means a the cost of land and fights-of-way, for
person or entity having a contract with compensation for or damages to proper-
ENGINEER to perform or furnish Basic or ties, for interest and financing charges
Special Services as ENGINEER's inde- and for other services to be provided by
pendent professional associate or subcon- others to OWNER under Section 4.
tractor engaged directly on the Project.
SECTION 2--BASIC SERVICES OF
1.3.7. Reimbursable E~penses. ENGINEER
Reimbursable Expenses means the
expenses incurred directly in connection 2.1. Design Phase.
with the performance or furnishing of
Basic and Special Services for the Project 2.1.1. Prepare for .incorporation in the
for which OWNER shall pay ENGI- Contract Documents final Drawings
NEER as indicated in Exhibit A. showing the scope, extent and character
of the work to be performed and furnished
1.3.8. Resident Project Representative. by Contractor and Specifications (which
Resident Project Representative means will be prepared, where appropriate, in
the authorized representative of ENGI- general conformance with the sixteen
NEER who will be assigned to assist division format of the Construction
ENGINEER at the site during the Con- Specifications Institute.
struction Phase. The Resident Project
Representative will be ENGINEER's 2.12.. Provide tecl-mieal criteria, written
agent or employee and under ENGI- descriptions and design data for OWN-
NEER's supervision. As used herein, the ER's use in filing applications for permits
term Resident Project Representative with or obtaining approvals of such
includes any assistants of Resident Project governmental authorities as have
Representative agreed to by OWNER. jurisdiction to review or approve the
The duties and responsibilities of the final design of the Project, and assist
Resident Project Representative are set OWNER in consultations with appropri-
forth in Exhibit B, "Duties, Responsibili- ate authorities.
ties and Limitations of Authority of
Resident Project Representative" ("Ex- 2.1.3. Advise OWNER of any adjust-
hibit B"). ments to the opinion of probable Construc-
tion Cost and any adjustments to Total
1.3.9. Standard General Conditions. Project Costs known to ENGINEER as a
Standard General Conditions means the result of changes in scope, extent or
Standard General Conditions of the character or design requirements of the
Construction Contract (No. 1910--8) (1990 Project.
Edition) of the Engineers Joint Contract
Documents Committee. 2.1.4. Prepare for review and approval
by OWNER, its legal counsel and other
1.3.10. Total Project Costs. advisors, contract agreement forms,
Total Project Costs means the sum of the general conditions and supplementary
Construction Cost, allowances for contin- conditions, and (where appropriate) bid
gencies, the total costs of design profes- forms, invitations to bid and instructions
sional and related services provided by to bidders, and assist in the preparation
Page 3 of 18
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: of other related documents. 2.2.3. Consult with OWNER as to the
acceptability of subcontractors, suppliers
2.1.,5. Furnish five copies of the above and other persons and entities proposed
documents, Drawings and Specifications by Contractor for those portions of the
to and review them with OWNER. work as to which such acceptability is
required by the Bidding Documents.
2.1.6. ENGINEER's services under the
Design Phase will be considered complete 2.2.4. Attend the bid opening, prepare
at the earlier of (1) the date when the bid tabulation sheets and assist OWNER
submittals have been accepted by in evaluating bids or proposals and in
OWNER or (2) thirty days after the date assembling and awarding contracts for
when such submittals are delivered to construction, materials, equipment and
OWNER for final acceptance, plus in services.
each case such additional time as may be
considered reasonable for obtaining 2.2.~. The Bidding or Negotiating Phase
approval of governmental authorities will terminate and the services to be
having jurisdiction to approve the performed or furnished thereunder will
portions of the Project designed or speci- be considered complete upon commence-
fled by ENGINEER, if such approval is to ment of the Construction Phase or upon
be obtained during the Design Phase. cessation of negotiations with prospec-
tive Contractors.
The duties and responsibilities of ENGI-
NEER during the Design Phase are The duties and responsibilities of ENGI-
amended and supplemented as indicated NEER during the Bidding or Negotiating
in Exhibit A. Phase as set forth in this paragraph 2.2
are amended and supplemented as
2.2. Bidding or Negotiating Phase. indicated in Exhibit A.
After acceptance by OWNER of the 2.3. Construction Phase.
ENGINEER's Drawings, Specifications
and other Design Phase documentation During the Construction Phase:
(including the most recent opinion of
probable Construction Cost), and upon 2.3.1 General Administration of
written authorization to proceed, ENGI- Construction Contract.
NEER shall: ENGINEER shall consult with and
advise OWNER and act as OWNER's
2.2.1. Assist OWNER in advertising for representative as provided in the Stan-
and obtaining bids or negotiating propos- dard General Conditions. The extent and
als for the contract for construction, limitations of the duties, responsibilities
materials, equipment and services; and, and authority of I~GINEER as assigned
where applicable, maintain a record of in said Standard General Conditions
prospective bidders to whom Bidding shall not be modified, except to the
Documents have been issued, attend pre- extent provided in Exhibit A and except
bid conferences, if any, and receive and as ENGINEER may otherwise agree in
process deposits for Bidding Documents. writing.. All of OWNER's instructions to
Contractor will be issued through ENGI-
2.2.2. Issue Addenda as appropriate to NEER who shall have authority to act on
clarify, correct or change the Bidding behalf of OWNER in dealings with
Documents. Contractor to the extent provided in this
Agreement and said Standard General
Page 4 of 18
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Conditions except as otherwise provided dance with the Contract Documents
in writing, and ENGINEER shall keep
OWNER informed of the progress
2.32. Visits to 5itc and Observation of the work. The responsibilities
of Construction. of ENGINEER contained in this
In connection with observations of the paragraph are expressly subject to
work of Contractor while in progress: the limitations set forth in para-
graph 2.3.2.2 and other express or
2.3.2.1. ENGINEER shall make general limitations in this
visits to the site at intervals Agreement and elsewhere.
appropriate to the various stages
of construction as ENGINEER 2.3.2.2. The purpose of ENGI-
deems necessary in order to observe NEER's visits to and representa-
as an experienced and qualified tion by the Resident Project Repre-
design professional the progress sentative at the site will be to
and quality of the various aspects enable ENGINEER to better carry
of Contractor's work. In addition, out the duties and responsibilities
ENGINEER shall provide the assigned to and undertaken by
services of a Resident Project ENGINEER during the Construc-
Representative at the site to assist tion Phase, and, in addition, by the
ENGINEER and to provide more exercise of ENGINEER's efforts as
continuous observations of such an experienced and qualified
work. The furnishing of such design professional, to provide for
Resident Project Representative OWNER a greater degree of
services will not extend ENGI- confidence that the completed
NEER's responsibilities or authori- work of Contractor will conform in
ty beyond the specific limits set general to the Contract Documents
forth elsewhere in this paragraph and that the integrity of the
2.3. Such visits and observations design concept of the completed
by ENGINEER and the Resident Project as a functioning whole as
Project Representative are not indicated in the Contract Docu-
intended to be exhaustive or to merits has been implemented and
extend to every aspect of the work preserved by Contractor. On the
in progress, or to involve detailed other hand, ENGINEER shall not,
inspections of the work beyond the during such visits or as a result of
responsibilities specifically such observations of Contractor's
assigned to ENGINEER in this work in progress, supervise, direct
Agreement and the Contract or have control over Contractor's
Documents, but rather are to be work nor shall ENGINEER have
limited to spot checking, selective authority over or responsibility for
sampling and similar methods of the means, methods, techniques,
general observation of the work sequences or procedures of construc-
based on ENGINEER's exercise of tion selected by Contractor, for
professional judgment as assisted safety precautions and programs
by the Resident Project Representa- incident to the work of Contractor
rive. Based on information ob- or for any failure of Contractor to
mined during such visits and such comply with laws, rules, regula-
observations, ENGINEER shall tions, ordinances, codes or orders
endeavor to determine in general if applicable to Contractor's furnish-
such work is proceeding in accor- lng and performing the work.
Page 5 of 18
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Accordingly, ENGINF. ER neither Contract Documents and compatibility
guarantees the performance of any with the design concept of the completed
Contractor nor assumes responsibil- Project as a functioning whole as indicat-
ity for any Contractor's failure to ed in the Contract Documents. Such
furnish and perform its work in reviews and approvals' or other action
accordance with the Contract will not extend to means, methods,
~ts. techniques, sequences or procedures of
construction or to safety precautions and
2.3.3. Defective Work. programs incident thereto.
During such visits and on the basis of such
observations, ENGINEER shall have
authority to disapprove of or reject 2.3.7. Substitutes.
Contractor's work while it is in progress ENGINEER shall evaluate and deter-
if ENGIN~R believes that such work mine the acceptability of substitute or "or-
will not produce a completed Project that equal" materials and equipment proposed
conforms generally to the Contract by Contractor, but subject to the provisions
Documents or that it will prejudice the of paragraph 3.22..
integrity of the design concept of the
completed Project as a functioning whole 2.3.8. Inspections and Tests.
as indicated in the Contract Documents. ENGINEER may require special inspec-
tions or tests of the work, and shall
2.3.4. Clarifications and Inteu?retations; receive and review all certificates of
Field Orders. inspections, tests and approvals required
ENGINEER shall issue necessary clarifi- by laws, rules, regulations, ordinances,
cations and interpretations of the Con- codes, orders or the Contract Documents.
tract Documents as appropriate to the ENGINEER's review of such certificates
orderly completion of the work. Such will be for the purpose of determining
clarifications and interpretations will be that the results certified indicate corn-
consistent with the intent of and reason- pliance with the Contract Docurnents and
ably inferable from the Contract Docu- will not constitute an independent evalu-
ments. ENGINEER may issue Field ation that the content or procedures of
Orders authorizing minorvariations from such inspections, tests or approvals
the requirements of the Contract Docu- comply with the requirements of the
ments. Contract Documents. ENGINEER shall be
entitled to rely on the results of such
2.3.,5. Change Orders and Work Change tests.
Directives.
ENGINEER shall recommend Change 2.3.9. Disagreements between OWNER
Orders and Work Change Directives to and Contractor.
OWNER as appropriate, and shall ENGINEER shall render the initial
prepare Change Orders and Work decisions on all claims of OWN'ER and
Change Directives as required. Contractor relating to the acceptab/lity
of the work or the interpretation of the
2.3.6. Shop Drawings. requirements of the Contract Documents
ENGINI/ER shall review and approve pertaining to the execution and progress
(or take other appropriate action in of the work. In rendering such decisions,
respect of) Shop Drawings and Samples ENGINEER shall be fair and not show
and other data which Contractor is partiality to OWNER or Contractor and
required to submit, but only for confor- shall not be liable in connection with any
mance with the information given in the decision rendered in good faith in such
Page 6 of 18
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capacity. 2.3.10.2. By recommending any
payment ENGINEER shall not
2.3.I0. Applications for Payment. thereby be deemed to have repre-
Based on ENGINEER's on-site observa- sented that on-site observations
tions as an experienced and qualified made by ENGINEER to check the
design professional and on review of quality or quantity of Contractor's
Applications for Payment and the work as it is performed and fur-
accompanying data and schedules: nished have been exhaustive,
extended to every aspect of the
2.3.10.1 ENGINEER shall deter- work in progress, or involved
mine the amounts that ENGINEER detailed inspections of the work
recommends Contractor be paid. beyond the responsibilities specifi-
Such recommendations of payment cally assigned to ENGINEER in
will be in writing and will consti- this Agreement and the Contract
tute ENGINEER's representation Documents. Neither ENGINEER's
to OWNER, based on such obser~a- review of Contractor's work for the
tions and review, that, to the best purposes of recommending pay-
of ENGINEER's knowledge, ments nor ENGINEER's reeommen-
information and belief, the work dation of any payment (including
has progressed to the point indi- final payment) will impose on
cared, the quality of such work is ENGINEER responsibility to
generally in accordance with the supervise, direct or control such
Contract Documents (subject to an work or for the means, methods,
evaluation of such work as a techniques, sequences or procedures
functioning whole prior to or upon of construction or safety precautions
Substantial Completion, to the or programs incident thereto, or
results of any subsequent tests Contractor's compliance with
called for in the Contract Docu- laws, rules, regulafions, ordinanc-
ments and to any other qualiflca- es, codes or orders applicable to
tions stated in the reeommenda- Contractor's furnishing and per-
tion), and the conditions precedent forming the work. It will also not
to Contractor's being entitled to impose responsibility on ENGI-
such payment appear to have been NEER to make any examination to
fulfilled in so far as it is ENGI- ascertain how or for what purposes
NrEER's responsibility to observe Contractor has used the moneys
the work. In the case of unit price paid on account of the Contract
work, ENGINEER's recommenda- Price, or to determine that fitle to
tions of payment will include final any of the work, materials or ..
determinations of quantifies and equipment has passed to OWNER
classifications of such work (subject free and clear of any liens, claims,
to any subsequent adjustments security interests or encumbrances,
allowed by the Contract Docu- or that there may not be other
ments). The responsibilities of matters at issue between OWNER
ENGINEER contained in para- and Contractor that might affect
graph 2.3.10.1 are expressly subject the amount that should be paid.
to the limitations set forth in
paragraph 2.3.10.2 and other 2.3.11. Contractor's Completion
express or general limitations in Documents.
this Agreement and elsewhere. ENGINEER shall receive, review and
transmit to OWNER with written
Page 7 of 18
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comments maintenance and operating 2.3.14. Limitation of Responsibilities.
instructions, schedules, guarantees, ENGINEER shall not be responsible for
Bonds, certificates or other evidence of the acts or omissions of any Contractor, or
insurance required by the Contract of any subcontractor, any supplier, or of
Documents, certificates of inspection, any other person or organization perform-
tests and approvals, and marked-up lng or furnishing any of the work. ENGI-
record documents (including Shop Draw- NEER shaU not be responsible for Con-
ings, Samples and other data approved tractor's failure to perform or furnish the
as provided under paragraph 2.3.6 and work in accordance with the Contract
marked-up record Drawings) which are Documents.
to be assembled by Contractor in accor-
dance with the Contract Documents to 2.3.15. Duration of Construction Phase.
obtain final payment. ENGINEER's The Construction Phase will commence
review of such documents will only be to with the execution of the construction
determine generally that their content contract for the Project or any part thereof
complies with the requirements of, and in and will terminate upon written recom-
the case of certificates of inspections, mendation by ENGINEER of final pay-
tests and approvals that the results ment.
certified indicate compliance with, the
Contract Documents. The duties and responsibilities of ENGI-
FLEER during the Construction Phase as
2.3.12. Substantial Completion. set forth in this paragraph 2.3 are
Following notice from Contractor that amended and supplemented as indicated
Contractor considers the entire work in Exhibit A.
ready for its intended use, ENGINEER
and OWNER, accompanied by Contrac- 2.4. Operational Phase.
tor, shall conduct an inspection to deter-
mine if the work is substantially corn- During the Operational Phase, ENGI-
plete. If after considering any objections NEER shall, when requested by OWNER:
of OWNER, ENGINEER considers the
work substantially complete, ENGINEER 2.4.1. Provide assistance in connection
shall deliver a certificate of Substantial with the refining and adjusting of any
Completion to OWNER and Contractor. equipment or system.
2.3.13. Final Notice of Acceptability of 2.4.2. Assist OWNER in training
the Work. OWNER's staff to operate and maintain
ENGINEER shall conduct a final inspec- the Project.
tion to determine if the completed work
of Contractor is acceptable so that 2.4.3. Assist OWNER in developing
ENGINEER may recommend, in writing, systems and procedures for control of the
final payment to Contractor. Accompany- operation and maintenance of and record
lng the recommendation for final pay- keeping for the Project.
ment, ENGINEER shall indicate that the
work is acceptable (subject to the provi- 2.4.4. Prepare a set of reproducible record
sions of paragraph 2.3.10.2) to the best of drawings showing record information
ENGINEER's knowledge, information which ENGINEER considers significant
and belief and based on the extent of the based on the Drawings, Shop Drawings,
services performed and furnished by and other record documents furnished by
ENGI~ under this Agreement. Contractor to ENGINEER which were
annotated by Contractor to show all
Page 8 of 18
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changes made during construction, those furnished under Basic Services) for
ENGINEER will not be responsible for private or governmental grants, loans or
any errors in or omissions in the informa. - advances in connection with the Proiect;
tion provided by Contractor that is preparation or review of environmental
incorporated in the record drawings or assessments and impact statements;
other record documents, review and evaluation of the effect on
the design requirements of the Project of
2.4.5. In company with OWNER, visit any such statements and documents
the Project to observe any apparent prepared by others; and assistance in
defects in the completed work, assist obtaining approvals of authorities
OWNER in consultations and discussions having jurisdiction over the anticipated
with Contractor concerning correction of environmental impact of the Project.
such defects, and make recommendations
as to replacement or correction of defec- 3.1.2. Services to make measured draw-
tire work. ings of or to investigate existing condi-
tions or facilities, or to verify the accura-
2.4.6. Provide miscellaneous services as cy of drawings or other information
requested by OWNER in connection with rum/shed by OWNER.
Project doseout.
3.12. Services resulting from significant
2.4.7. The Operational Phase may changes in the scope, extent or character
commence during the Construction Phase of the portions of the Project designed or
and will terminate one year after the specified by ENGINEER or its design
date of Substantial Completion. requirements including, but not l/m/ted to,
changes in size, complexity, OWNER's
The duties and responsibilities of ENGI- schedule, character of construction or
NEER during the Operational Phase as method of financing; and revising previ-
set forth in this paragraph 2.4 are ously accepted studies, reports, Drawings,
amended and supplemented as indicated Specifications or Contract Documents
in Exhibit A. when such revisions are required by
changes in laws, rules, regulations,
SECTION 3---SPECIAL SERVICES OF ordinances, codes or orders enacted
EMCI/qEER subsequent to the effective date of this
Agreement, or are due to any other causes
3.1. Services Requiring Authorization in beyond ENGINEER's control.
Advance.
3.1.4. Providing renderings or models for
If authorized in writing by OWNER, OWNER's use.
ENGINEER shall furnish or obtain fi-om
others Special Services of the types 3.1.5. Preparing documents for alternate
listed in paragraphs 3.1.1 through 3.1.16, bids requested by OWNER for Contrac-
inclusive, as amended and supplemented tot's work which is not executed or
as indicated in Exhibit A. These services documents for out-of-sequence work,
are not included as part of Basic Services
except to the extent otherwise provided 3.1.6. Undertaking investigations and
in Exhibit A. These services will be paid studies including, but not limited to,
for by OWNER as indicated in Section 6. detailed consideration of operations,
maintenance and overhead expenses; the
3.1.1. Preparation of applications and preparation of feasibility studies, cash
supporting documents (in addition to flow and economic evaluations, rate
Page 9 of 18
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schedules and appraisals; assistance in purposes, ~gineering surveys and staking
obtaining financing for the Proiect; to enable Contractor to proceed with its
evaluating processes available for work, and any type of property surveys or
licensing and assisting OWNER in related engineering services needed for
obtaining process licensing; detailed the transfer of interests in real property;
quantity surveys of materials, equipment and providing other special field sur-
and labor; and audits or inventories veys.
required in connection with construction
performed by OWNER. 3.1.13. Preparation of operating, mainte-
nance and staffing manuals to supplement
3.1,7. Furnishing services of ENGI- Basic Services under paragraph 2.4.3.
NEER's Subcontracwrs for other than
Basic Services; and furnishing data or 3.1.14. Providing more extensive services
services of the types described in para- required to enable ENGINEER to issue
graph 4.4 when OWNER employs notices or certifications requested by
ENGINEER to provide such data or OWNER under paragraph 4.12.
services in lieu of furnishing the same
under paragraph 4.4. 3.1.15. Preparing to serve or serving as a
consultant or witness for OWNER in any
3.1.8. Services during out-of-town travel litigation, arbitration or other legal or
required of ENGINEER other than visits administrative proceeding involving the
to the site or OWNER's office as required Project (except for assistance in consulta-
by Section 2. tions which is included as part of Basic
Services under paragraph 2.1.2.).
3.1.9. Preparing for coordinating with,
participating in and responding to 3.1.16. Other special services performed
structured independent review processes, or furnished by ENGINEER in connection
including, but not limited to, Construction with the Project, including services
Management, Cost Estimating, Project which are to be furnished by OWNER
Peer Review, Value Engineering and under Section 4, and services not other-
Constructability Review requested by wise pwvided for in this Agreement.
OWNER; and performing or furnishing
services required to revise studies, 3.2. Required Spedal Services.
reports, Drawings, Specifications .or
Contract Documents as a result of such When required by the Contract Docu-
review processes, ments in connection with the performance
or furnishing of ENGINEER's services
3.1.10. Determining the acceptability of during the Construction Phase, ENGI-
substitute materials and equipment PEER shall perform or furnish, without
proposed during the Bidding or Negotiat- waiting for specific authorization from
lng Phase when substitution prior to the OWN'ER, Special Services of the types
award of contracts is allowed by the listed in paragraphs 3.2.1 through
Bidding Documents. inclusive. These services are not included
as part of Basic Services except to the
3.1.11. Assistance in connection with bid extent provided in Exhibit A. Required
protests, rebidding or renegotiating Special Services will be paid for by
contracts for construction, materials, OWNER as indicated in Section 6.
equipment orservices. ENGINEER shall advise OWNER in
writing promptly after starting any such
3.1.12. Providing field surveys for design Special Services.
Page 10 of 18
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3'.2.1. Services in connection with Work SECTION: OWNER'S
Change Directives and Change Orders to RESPOIqSTBILrTTES ,
reflect changes requested by OWNER if,
because of the method of compensation Except as otherwise provided in Exhibit
agreed upon by OWNER and ENGINEER, A, OWNER shall do the following in a
the resulting change in compensation for timely manner so as not to delay the
Basic Services is not commensurate with services of ENGINEER and shall bear all
the extent of the special services ten- costs incident thereto:
dered.
4.1. Designate in writing a person to act
3.2.2. Services in making revisions to as OWNER's representative with respect
Drawings and Specifications occasioned to the services to be performed or fur-
by the acceptance of substitute materials nished by ENGINEER under this Agree-
or equipment other than "or-equal" items; ment. Such person will have complete
and services after the award of the authority to transmit instructions, receive
construction contract in evaluating and information, interpret and define
determining the acceptability of a OWNER's policies and decisions with
substitution which is inappropriate for respect to ENGINEER's services for the
the Project or an excessive number of Project.
substitutions.
4.2. Provide all criteria and full infon'na-
3.2.3. Services resulting from significant t/on as to OWNER's requirements for the
delays, changes or price increases occur- Project, including design objectives and
ring as a direct or indirect result of constraints, space, capacity and perfor-
materials, equipment or energy shortages, mance requirements, flexibility and
expendability, and furnish copies of all
3.2.4. Additional or extended services design and construction standards which
during construction made necessary by (1) OWNER will require to be included in
work damaged by fire or other cause the Drawing~ and Specifications.
during construction, (2) a significant
amount of d~fective, neglected or delayed 4.3. Assist ENGINEER by placing at
work of Contractor, (3) acceleration of the ENGINEER's disposal all available
progress schedule involving services information pertinent to the Project
beyond normal working hours, or (4) induding previous reports and any other
default by Contractor. data relative to design or construction of
the Project.
3.2.~. Services (other than Basic Services
during the Operational Phase) in connec- 4.4. Furn/sh to ENGINEER, as requesl~!
fion with any partial utilization of any by ENGINEER for performance of Basic
part of the Project by OWNER prior to its Services or as required by the Contract
Substantial Completion. Documents, the following:
3.2.6. Evaluating an unreasonable claim 4.4.1. data prepared by or services of
or an excessive number of cia/ms submit- others, including without limitation
ted by Contractor or others in connection eXplorations and tests of subsurface
with the work. conditions at or contiguous to the site,
drawings of physical conditions in or
3.2.7. Services to review each shop relatin§ to ex/sting surface or subsur-
drawing or other submittal more than two face structures at or contiguous to the
times, site, or hydrographic surveys;
Page 11 of 18
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4.42. the services of an independent 4.7. Examine all alternate solutions,
testing laboratory to perform all studies, reports, sketches, Drawings,
inspections, tests and approvals of Specifications, proposals and other
samples, materials and equipment; documents presented by ENGINEER
(including obtaining advice of an attor-
4.4.3. appropriate professional ney, insurance counselor and other consul-
interpretation of all of the foregoing; rants as'OWNER deems appropriate
with respect to such examination) and
4.4,4. environmental assessments, render in writing decisions pertaining
audits, investigations and impact thereto.
statements, and other relevant
environmental or cultural studies as 4.8. Provide approvals and permits from
to the Project, the site and adjacent all governmental authorities having
areas; jurisdiction to approve the portions of the
Project designed or specified by ENGI-
4.4.~. field surveys for design purpos- NEER and such approvals and consents
es and property, boundary, easement, from others as may be necessary for
right-of-way, topographic and completion of such portions of the Project.
utility surveys or data, in.eluding
relevant reference points; 4.9 Provide, as may be required for the
Project:
4.4.6. proper~ descriptions;
4.9.1. accounting, bond and financial
4.4.7. zoning, deed and other land use advisory', independent cost estimat-
restrictions; and lng and insurance counseling services;
4.4.8. other special data or consulta- 4.92. such legal services as OWb;ER
tions not covered in Section 2. may require or ENGINEER may
reasonably request with regard to
OWI,~ER shall be responsible for, and legal issues pertaining to the Pro~ect,
ENGINEER may rely upon, the accurac~ including any that may be raised by
and completeness of ail reports, data and Contractor;, and
other information furnished pursuant to
this paragraph. ENGII~FEER may use 4.9.3. such auditing services as
such reports, data and information in OWNER may require to ascertain
performing or furnishing services under how or for what purpose Contractor
this Agreement. has used the moneys paid on account
of the Contract Price "
4.5. Provide, as required by the Contract
Documents, engineering surveys and 4.10. Provide such inspection or monitor-
staking (except as otherwise provided in lng services by an individual or entity
Exhibit A) to enable Contractor to other than ENGINEER as OWNER may
proceed with the layout of the work, and desire to verify:
other special field surveys.
4.10.1. that Contractor is complying
4.6. Arrange for access to and make all with any law, rule, regulation,
provisions for ENGINEER to enter upon ordinance, code or order applicable to
public and private property as required Contractor's performing and furnish-
for ENGINEER to perform services under lng the work; or
this Agreement.
Page 12 of 18
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4.10.2. that Contractor is taking all' or certification requested under this
necessary precautions for safety of paragraph.
persons or property and complying
with any special provisions of the 4.13. If more than one prime contract is to
Contract Documents applicable to be awarded for work designed or speci-
safety, fled by ENGINEI/R, designate a person or
entity to have authority and responsibil-
ENGIN'EER does not undertake in this ity for coordinating the activities among
Agreement to perform the services the various prime contractors, and define
referred to in 4.10.1 and 4.10.2 above. The and set forth the duties, responsibilities
identity of any individual or entity and limitations of authority of such
employed to perform such services and person or entity and the relation thereof
the scope of such services will be dis- to the duties, responsibilities and author-
closed to ENGINEER. ity of ENGINEER in an exhibit that is to
be mutually agreed upon and attached to
4.11. Advise ENGINEER of the identity and made a part of this Agreement before
and scope of services of any independent such services begin.
consultants employed by OWNER to
perform or furnish services in regard to
the Project, including, but not limited to, 4.14. Furnish to ENGINEER data or
Construction Management, Cost Estimat- estimated figures as to OWNER's antici-
ing, Project Peer Review, Value Engineer- pared costs for services to be provided by
ing and Constructability Review. If others for OWNER (such as services
OWNER designates a person or entity pursuant to paragraphs 4.4, 4.5 and 4.7
other than, or in addition to, ENGIICEER through 4.14, inclusive) and other costs so
to represent OWNER at the site, that ENGINEER ma}, make the necessary
OWNER shall define and set forth in an calculations to develop and periodically
exhibit that is to be mutually agreed adjust ENGINEER's opinion of Total
upon and attached to and made a part of Project Costs.
this Agreement before such services begin,
the duties, responsibilities and limita- 4.15. Attend the pre-bid conference, bid
tions of authority of such other party and opening, pre-construction conferences,
the relation thereof to the duties, construction progress and other job related
responsibilities and authority of ENGI- meetings and Substan~al Completion and
NE~"R. £mal payment inspections.
4.12. Prior to the commencement of the 4.16. Give prompt written notice to
Construction Phase, notify ENGIN]~R of ENGINEER whenever OWNER observes
any variations in the language of the or otherwise becomes aware of any
Notice of Acceptability of Work, or of development that affects the scope or
any notice or certification other than such time of performance or furnishing of
Notice that ENGINEER will be requested ENGINEER's services, or any defect or
to provide to OWNER or third parties in conformance in EN~ER's services or in
connection with the £mancing or comple- the work of any Contractor.
tion of the Project. OWNER and ENGI-
NEER shall reach agreement on the terms 4.17. Furnish or direct ENGINEER to
of any such requested notice or certifica- provide, Special Services as stipulated in
tion and OWNER shall authorize such paragraph 3.1 of this Agreement or other
Special Services as are necessary to services as required.
enable ENGINEER to provide the notice
Pa~e 13 of 18
9/92
4.18. Provide labor and safety equipment such rates of compensation.
to open and protect manholes and/or to
operate valves and hydrants as required 5.3. In the event that the work designed
by the ENGINEER. or specified by ENGINEER is to be
performed or furnished under more than
4.19. Bear all costs incident to compli- one prime contract, or if ENGINEER's
ance with the requirements of this services are to be separately sequenced
Section 4. with the work of one or more prime
contractors (such as in the case of fast-
SECIION ~--TIMES FOR RENDERING tracking), OWNER and ENGINEER
SERVICES shall, develop a schedule for perfor-
rnance of ENGINEER's services in order to
5.1 If in this Agreement specific periods sequence and coordinate properly such
of time for rendering services are set forth services as are applicable to the work
or specific dates by which services are to under such separate prime contracts. This
be completed are provided and if such schedule is to be prepared and included in
periods of time or dates are changed Exhibit A whether or not the work under
through no fault of ENGINEER, the rates such contracts is to proceed concurrently.
and amounts of compensation provided for
herein shall be subject to equitable SECTION 6--PAYMENTSTOENGI-
adjustment. If OWNER has requested NEER FOR SERVICES
changes in the scope, extent or character AND REIMBURSABLE
of the Project, the time of performance EXPENSES
and compensation for ENGINEER's
services shall be adjusted equitably. 6.1. Methods of Payment for Services and
Expenses of ENGINEER.
5.2 If ENGINEER's services are delayed
or suspended in whole or in part by 6.1.1. For Basic Sero/c~s.
OWNER: OWNER shall pay ENGINEER for Basic
Services performed or furnished under
5.2.1. for more than three months Section 2 on the basis set forth in Exhibit
through no fault of ENGINEER, A.
ENGINEER shall be entitled to
equitable adjustment of rates and 6.1.2. For Special Services.
amounts of compensation provided for OWNER shall pay ENGINEER for
elsewhere in this Agreement to Special Services performed or furnished
reflect, among other things, reason- under Section 3 on the basis set forth in
able costs incurred by ENGINEER in Exhibit A.
connection with such delay or suspen- '
sion and reactivation and the fact 6.1..3. For Reimbursable E:cpenses.
that the time for performance under In addition to payments provided for in
this Agreement has been revised; or paragraphs 6.1.1 and 6.1.2, OWNER
shall pay ENGINEER for Reimbursable
5.2.2. for more than one year through Expenses incurred by ENGINEER and
no fault of ENGINEER, the rates and ENGINEER's Subcontractors as set forth
amounts of compensation provided for in Exhibit A. The amount payable for
elsewhere in this Agreement will be Reimbursable Expenses will include a
subject to equitable adjustment to factor to the extent so indicated in
reflect, among other things, changes Exhibit A.
in the various elements that comprise
Page 14 of 18
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6.1.4. Tar. on Services SECTION 7--OPINIONS OF COST
The amount of any excise, VAT or gross
receipts tax that may be imposed shall be 7.1. Opinions of Probable Cons~'uction
added to the. compensation as determined Cost.
above.
ENGINEER's opinions of probable
6.2. Other Provisions Concemin$ Construction Cost provided for herein are
Payments. to be made on the basis of ENGINEER's
experience and qualifications and repre-
6.2.1. Preparation of Invoices. sent ENGINEER's best judgment as an
Invoices for Basic and Special Services experienced and qualified professional
and Reimbursable Expenses will be engineer generally familiar with the
prepared in accordance with ENGI- construction industry. However, since
NEER's standard invoicing practices and ENGI2CEER has no control over the cost of
will be submitted to OWNER by ENGI- labor, materials, equipment or services
NEER at least monthly. The amount furnished by others, or over the Contrac-
billed for Basic Services and Special tor's methods of determining prices, or
over competitive bidding or market
Services in each invoice will be calculat- conditions, ENGINEER cannot and does
ed on the basis set forth in Exhibit A. not guarantee that proposals, bids or
Invoices are due and payable on receipt, actual Construction Cost will not vary
from opinions of probable Construction
6.2.2. Unpaid Invoices. Cost prepared by ENGINEER. If
If OWNER fails to make any payment OWNER wishes greater assurance as to
due ENGII~IEER for services and expenses probable Construction Cost, OWNER
within thirty days after receipt of shall employanindependentcostestima-
ENGINEER's invoice therefor, the tot as provided in paragraph 4.9.
amounts due ENGINEER will be in-
creased at the rate of 1.0% per month (or SECTION 8---GENERAL
the maximum rate of interest permitted CONSIDERATIONS .
by law, if less) from said thirtieth day;
and, in addition, ENGINEER may, after IL1. Termination.
giving seven days' written notice to
OWNER, suspend services under this The obligation to provide further servic-
Agreement until ENGINEER has been es under this Agreement may be terminat-
paid in full all amounts due for services, ed by either party upon thirty days'
expenses and charges. Payments will be written notice in the event of substantial
credited first to interest and then to failure by the other party to perform in
prindpal. In the event of a disputed or accordance with the terms thereof
contested billing, only that portion so through no fault of the terminating
contested may be withheld from pay- party. In the event of any termination,
ment, and the undisputed portion will be ENGINEER will be paid for all services
paid. rendered and reimbursable expenses
incurred to the date of termination and, in
OWNER agrees to pay ENGINEER all addition, all reimbursable expenses
costs of collection including but not directly attributable to termination.
limited to reasonable attorneys' fees,
collection fees and court costs incurred by 8.2 Reuse of Doaunents
ENGINEER to collect properly due
payments. All documents including Drawings and
Page 15 of 18
9/92
Specifications provided or furnished by and ENGINEER) are hereby bound to the
ENGINEER (or ENGINEER's Subcontrac- other party to this Agreement and to the
tots) pursuant to this Agreement are parmers, successors, executors, adminis-
instruments of service in respect of the trators and legal representatives (and
Project, and ENGINEER and ENGI- said assigns) of such other party, in
NEER's Subcontractors, as appropriate, respect of all covenants, agreements and
shall retain an ownership and property obligations of this Agreement.
interest therein (including the right of
reuse by and at the discretion of ENGI- 8.4.2. Neither OWNER nor ENGINEER
NEER and ENGINEER's Subcontractors, may assign, sublet or transfer any rights
as appropriate) whether or not the under or interest (including, but without
Project is completed. OWNER may make limitation, moneys that may become due
and retain copies for information and or moneys that are due) in this Agreement
reference in connection with the use and without the written consent of the other,
occupancy of the Project by OWNER and except to the extent that any assignment,
others; however, such documents are not sub[erring or transfer is mandated by law
intended or represented to be suitable for or the effect of this limitation may be
reuse by OWNER or others on extensions restricted by law. Unless specifically
of the Project or on any other project. Any stated to the contrary in any written
such reuse without written verification or consent to an assignment, no assignment
adaptation by ENGINEER and ENGI- will release or discharge the assignor
NEER;s Subcontractors, as appropriate, from any duty or responsibility under this
for the specific purpose intended will be Agreement.
at OWNER's sole risk and without
liability or legal exposure to ENGINEER, 8.4.3. Unless expressly provided other-
or to ENGINEER's Subcontractors, and wise in this Agreement:
OWNER shall indemnify and hold
harmless ENGINEER and ENGINEER's 8.4.3.1. Nothing in this Agreement
Subcontractors from all claims, damages, shall be construed to create, impose or
losses and expenses including attorneys' give rise to any duty owed by ENGI-
fees arising out of or resulting therefrom. NEER to any Contractor, Subcontrac-
Any such verification or adaptation will tot, Supplier, other person or entity,
entitle ENGI~rEER to further compensa- or to any surety for or employee of any
tion at rates to be agreed upon by of them, or give any rights in or
OWNER and ENGINEER. benefits under this Agreement to
anyone other than OWNER and
8.3. Controlling Law. ENGINEER.
This Agreement is to be governed by the 8.4.3.2. Ail duties and responsibili-
law of the principal place of business of ties undertaken pursuant to this
ENGINEER. Agreement will be for the sole and
exclusive benefit of OWNER and
8.4~ Successors ~nd Assigns. ENGINEER and not for the benefit of
an), other party.
8.4.1. OWNER and ENGINEER each is
hereby bound and the parmers, successors, 8-% Notices.
executors, administrators and legal Any notice required under this Agreement
representatives of OWNER and ENGI- will be in writing, addressed to the
NEER (and to the extent permitted by appropriate party at the address which
paragraph 8.4.2 the assigns of OWNER appears .on the signature page to this
Page 16 of 18
9/92
Agreement (as modified in writing from 8.9. Discovery.
time to time by such pare.,,) and given
personally, by registered or certified ENGINEER shall be entitled to compen-
mail, return receipt requested, by facsimi- sation on a time and materials basis when
le, or by a nationally recognized over- responding to all requests for discovery
night courier service. All notices shall be relating to this Project and to extent that
effective upon the date of receipt. ENGINEER is not a party to the lawsuit.
8.6. Severability. SECTION 9--EXHIBITS AND SPECIAL
Any provision or part of the Agreement
held to be void or unenforceable under any 9.1. This Agreement is subject to the
law or regulation shall be deemed provisions of the following Exhibits
stricken, and all remaining provisions which are attached to and made a part of
shall continue to be valid and binding the Agreement:
upon OWNER and ENGINEER, who
agree that the Agreement shall be 9.1.1. Exhibit A, "Further Description of
reformed to replace such stricken provi- Engineering Services and Related Mat-
sion or part thereof with a valid and rets/' consisting of 3 pages.
enforceable provision that comes as dose
as possible to expressing the intention of /).1.2. Exhibit B, "Duties, Responsibili-
the stricken provision, ties and Limitations of Authority of
Resident Project Representative," consist-
8.7. Unforeseen Conditions. ing of 5 pages.
At any time during the life of this 9.1.3.
Agreement should any substance be
uncovered or encountered at the site that
would void or otherwise adversely
impact the ENGINEER's professional
liability insurance, the ENGINEER
reserves the right to renegofiate the
terms and conditions of this Agreement,
the fees for the ENGINEER's services,
and the ENGINEER's continued involve-
ment in the Project.
8.8. Insurance.
ENGINEER shall procure and maintain This A~reement (consisting of Pages 1 to
insurance for protection from chims under 18 inclusive, and the Exhibits identified
workers' compensation acts, claims for above constitute the entire agreement
damages because of bodily injury includ- between OWNER and ENGINEER and
lng personal injury, sickness or disease or supersede all prior written or oral under-
death of any and all employees or of any standings. This A~reement may only be
person other than such employees, and amended, supplemented, modified or
from claims or damages because of injury canceled by a duly executed written
to or destruction of property including loss hnstrument~
of use resulting therefrom.
Page 17 of 18
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be
effective as of the date first above written.
OWNER: City of Salina, Kansas ENGINEER: Camp Dresser & McKee Inc.
By: Peter F. Brungardt t}y; Larry E. Elliott
Title: Mayor Title: Client Officer
Address for giving notices: Address for giving notices:
. City Of Salina Camp 0resser & McKee Inc.
P,O. Box 736 155 N. Market, Suite 910
Salina, KS 67402-0736 Wichita, KS 67202
P~ge 18 o~ I8
9/92
E)~-IIBrr A TO AGP-~M'F~NT
BETWEEN OWNER AND F.,NG~
FOR PROFESSIONAL DF, SIGN SF_.R~C~
FURTHER DE, SCRIPTION OF ENGINEER3~G SE, RVICF_,S ~ RELATED MATTERS
This is an exhibit attached to and made a part of the Agreement dated Sanuary 3. 1994 between
the City of Salina, Kansas (OWNER) and Camp Dresser & McKee Inc. (ENGINEER) for
professional services.
I. The Basic Services of ENGINEER as described in Section 2 of said Agreement are
amended and supplemented as follows:
TASK 1: PREPARATION OF BID DOCUMENTS
ENGINEER will prepare final drawings and specifications for the following items:
· Cell 1 leachate transmission and temporary storage improvements;
· Convenience Area improvements;
· Site fencing improvements.
ENGINEER will submit, .at a minimum, a 90 percent complete package to the OWNER
for review and comment. ENGINEER will incorporate all comments and will finalize
a 100 percent package which will be ready for construction bidding. Engineer will
prepare construction specifications and a construction cost estimate for the project.
TASK 2: ADVERTISE AND SECURE BIDS
ENGINEER will assist the OWNER as required in advertising for bids, pre-bid
questions, bid opening, and bid selection. ENGINEER will provide services during the
bidding utilizing staff that are dedicated to this project. This dedication will minimize
delays and will expedite the project.
TASK 3: GENERAL SERVICES DURING CONSTRUCTION
ENGIlqEER will provide general services during construction to include shop drawing
review, response to design questions and periodic site progress inspections.
DF_31GN/I2.A Page 1 of 3
TASK 4: RESIDENT ENGINEERING SERVICES
ENGINEER will provide a part-time resident engineer (R.E.) for the referenced project.
The R.E. will act as the OWNER's representative and construction manager throughout
the entire construction project. As the OWNER's construction manager, the R.E. will
assume the following responsibilities:
* Review Schedules;
* Chair Construction Meetings and Prepare Minutes;
* Record and Distribute Shop Drawings and Samples;
* Review All Work;
· Reject Defective Work;
· Monitor Inspection and Testing;
· Interpret Contract Documents;
· Review Modifications;
· Maintain Field Files;
· Update Owner and Engineer Schedule;
· Review and Prepare Change Order Requests;
· Prepare Payment Requests;
· Review all Certifications;
· Conduct Final Inspection;
· Prepare Final Punch List;
· Issue Substantial Completion Certification.
The R.E. will be scheduled for a period of 70 calendar days (10 weeks). This will
include one-week before and one-week following the :56 calendar day (8 weeks)
construction period. A 20 hour work week is anticipated.
The costs associated with this task will include administrative support; office and field
supplies and equipment; and vehicle and maintenance expenses and per diem.
TASK 5: GEOTECHNICAL SERVICES
ENGINEER will provide limited geotechnical services to provide for the verification
testing of specific construction contractor services. This will include:
· Compaction testing for all placed fills, base-grades, asphalt surfaces.
· Material verification testing of road base course, gravel layer, and asphalt
mixture; structural concrete mixtures; and other items as necessary.
DE~H3Ng2.A Page 2 of 3
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 ENGII~R, 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 such 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 services as set forth in Section
5 of said Agreement are amended and supplemented as follows:
The project will commence on-or-about January 3, 1994 and end on-or-about April 29,
1994, 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:
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 insurance 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
processor usage will be a 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 exceed $31.400.
DESION,~2.A Page 3 of 3
EXHIBIT B TO AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES DURING
BIDDING AND CONSTRUCTION
DUTIES, RESPONSIBILITIES 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 January 3 ~ ,19 94 , between
the City of Salina, Kansas .(OWNER)
and ~ 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.
Tlxrough 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 failure of
Contractor to comply with laws, rules, regulations, ordinances, codes or orders
applicable to Contractor's performing and furnishing the work, or responsibility of
construction for Contractor's failure to fumi~ 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 ate further limited and described as follows:
A. General
RPR is ENG~'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 ENGIN'E~
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.
Page 1 of 5
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B. Duties and Responsibilities of RPR
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 precon-
struction conferences, progress meetings, job conferences and other project-related
meetings, and prepare and circulate copies of minutes thereof.
$. 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 from OWNER additional details or information, when
required for proper execution of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and Samples.
b. Receive Samples which are furnished at the site by Contractor, and notify
ENGINEER of availability of Samples for examination.
c. Advise ENGINEER and Contractor of the commencement of any Work
requiring a Shop Drawing or Sample if the submittal has not been approved
by ENGINE~IL
5. Revie~ of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the Work in progress to assist ENGINEER in
determining 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 conforms 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.
Page 2 of 5
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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 ENGIN'E~R.
6. Interpretation of Contract Documents: Report to ENGINEER when clarifica-
tions and interpretations of the Contract Documents are needed and transmit to
Contractor clarifications and interpretations as issued by ENGINF..ER.
7. Mod~cafions: Consider and evaluate Contractor's suggestions for modifica-
tions in Drawings or Specifications and report with RPR's recommendations to
ENGINEER. Transmit to Contractor in writing decisions as issued by ENGI-
NEER.
8. 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 from 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.
9. Reports:
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 from Contractor and recommend to ENGINEER Change
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Orders, Work Change Directives, and Field Orders.
d. Report immediately to ENGINEER and OWNER the occurrence of any
accident.
10. P,~yment Requ~ts: Review Applications for. Payment with Contractor for
compliance with the established procedure for their submission and forward
with recommendations to ENG]~EER, 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.
11. 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
items actually installed and in accordance with the Contract Documents, and
have this material delivered to ENGINEER for review and forwarding to
OWNER prior to final payment for the Work.
12. Completion:
a. Before ENGINEER issues a Certificate of Substantial Completion, submit to
Contractor a list of observed items 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 final inspection in the company of ENGINEER, OWNER and
Contractor and prepare a final list of items to be completed or corrected.
d. Observe whether all items on final list have been completed or corrected
and make recommendations to ENGINEER concerning acceptance and
issuance of the Notice of Acceptability of the Work.
C. Limitations of Authority by RPR
Resident Project Representative:
1. Shall not authorize any deviation from 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.
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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
5. Shall not advise on, issue directions regarding or assume control over safety
precautions and programs in connection with the Work.
6. Shall not accept Shop Drawing or Sample submittals from anyone other than
Contractor.
7. Shall not authorize 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 ENGINEE1L
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