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SAMPLE CONTRACT FOR ENGINEERING AND TECHNICAL SERVICES (Missouri)

SAMPLE CONTRACT FOR ENGINEERING AND TECHNICAL SERVICES

This Agreement entered into this ________ day of __________, 20___ by and between

___________________ located at _____________________, hereinafter referred to as “Engineer” and

the (City/County) of _____________________, Missouri, hereinafter referred to as “City/County” for

furnishing engineering and technical services.

The services will be for the design of __________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________ .

I. SCOPE OF SERVICES

In connection with the above, Engineer will perform the following services:

A. Topographic and Design Surveys

1. Engineer will obtain the topographic and design surveys necessary for the preparation

of contract plans for the proposed improvements. Such surveys will include, but not

necessarily be limited to:

a. ______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________ .

b. ______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________ .

c. ______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________ .

d. ______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________ .

B. Geotechnical Services

Engineer will obtain all necessary subsurface investigations, tests, reports, and perform

related surveys.

C. Contract Plans and Cost Estimate

1. Engineer will prepare complete and detailed final contract plans for the proposed

improvements as previously described. The plans will include, but not be limited to, the

following:

a. ______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________ .

b. ______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________ .

c. ______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________ .

2. Engineer will assist the City/County in obtaining the approval of final agreements with

the utility companies and other such public agencies as may be necessary.

3. Engineer will prepare a complete set of front end documents and technical

specifications for the construction package.

4. Engineer will provide quantities and a detailed estimate of cost for the work.

5. Engineer will prepare the notice to contractors for bidding purposes, notify Dodge

Reports of the progress of the project, send written notices to a number of contractors

qualified to bid on the work, and send written notices to various minority organizations

and minority contractors.

D. Easement Deeds

Engineer will prepare easement deeds, ready for signature, for all properties from which

easements will be required for construction.

E. Construction Services

1. Engineer will assist the City/County in advertising for bids, attend the bid opening,

prepare bid tabulations, and assist in analyzing bids and making recommendation with

respect to the selection of a qualified contractor for the construction of the work.

2. Engineer will prepare and forward _________ signature sets of Contract Documents to

the contractor selected by City/County.

3. Engineer will be available for general consultation and interpretation of the plans and

specifications during construction.

4. Engineer will visit the site a maximum of _________ times and observe the progress of

construction at intervals during construction of the project. Such observation is not to be

construed as supervision of construction, but is a review of the work for general

conformance with contract plans.

5. Engineer will review all shop and working drawings.

6. Engineer will participate in the final inspection (included in the visits mentioned in E-

3).

II. TO BE PROVIDED BY THE CITY/COUNTY

A. All available pertinent information that it may have in its possession or to which it may

have access.

B. A representative to whom Engineer will report and from whom Engineer shall receive

instruction and authorization.

C. Right of access to all properties as required during the execution of the work.

D. All necessary resident engineering services.

E. Services of an independent testing laboratory to perform all materials testing necessary for

control of the project during the construction phase.

F. Title work necessary for easement or property acquisition.

III. TO BE PROVIDED BY ENGINEER

A. The services of all professional and technical personnel required for the performance of the

services described under Scope of Work.

B. Up to ___________ copies of the construction plans and specifications for the project.

IV. TIME OF PERFORMANCE

A. The services of Engineer are to commence upon the signing of the contract, and the final

contract plans and documents will be available, ready for advertising for bids, within

_________ days after receipt of notice to proceed.

B. Construction services shall be provided at such time as may be required.

V. COMPENSATION

A. The City/County will compensate Engineer for the work specified above as follows:

1. For all work and services described in the Scope of Services, except B, Geotechnical

Services, the lump sum fee shall be ______________________ ($00,000.00).

2. For all work and services included in B, Geotechnical Services, the fee shall be the

direct cost of the subcontract services furnished by a geotechnical consultant, plus

_________ percent for administration. The scope and cost of said services would be

reviewed and approved by the City/County prior to any authorization to proceed.

3. This cost shall constitute complete compensation for all direct labor, payroll burden,

general and administrative overhead, profit, travel, equipment, and materials necessary

to complete the tasks as set forth in the Scope of Work.

VI. METHOD OF PAYMENT

Payment to Engineer for services under Scope of Work will be made monthly based on the

percentage of work completed during the preceding month and will, in every case, be supported

by a suitable invoice.

VII. SPECIAL CONDITIONS

This contract is subject to and incorporates the provisions attached hereto as Exhibit A, the

Regulations of the Department of Housing and Urban Development relative to Contracts for

Community Development, Part II, General Terms and Conditions.

VIII. ACCEPTANCE

If this contract meets with your approval, please indicate your acceptance by signing this

proposal and returning one signed copy.

Submitted by:

Engineer Name

Attest:

______________________________________ ______________________________________

Name and title

Name and Title

City/County

Attest:

______________________________________ ______________________________________

Name and title

Name and Title

STATE OF MISSOURI ) )ss

COUNTY OF _____________)

AFFIDAVIT

(as required by Section 285.530, Revised Statues of Missouri)

As used in this Affidavit, the following terms shall have the following meanings:

EMPLOYEE: Any person performing work or service of any kind for hire within the State of

Missouri.

FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work

authorization programs operated by the United States Department of Homeland Security or an

equivalent federal work authorization program operated by the United States Department of Homeland

Security to verify information of newly hired employees, under the Immigration Reform and Control

Act of 1986 (IRCA), P.L. 99-603.

KNOWINGLY: A person acts knowingly or with knowledge,

(a) with respect to the person’s conduct or to attendant circumstances when the person is aware of the

nature of the person’s conduct or that those circumstances exist; or

(b) with respect to a result of the person’s conduct when the person is aware that the person’s conduct

is practically certain to cause that result.

UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under federal

law to work in the United States, as defined in 8 U.S.C. 1324a(h)(3).

BEFORE ME, the undersigned authority, personally appeared

____________________________________________________________, who, being duly sworn,

states on his oath or affirmation as follows:

1. My name is __________________________________________ and I am currently the

President of _________________________________________________________(hereinafter

“Contractor”), whose business address is

_____________________________________________ “and I am authorized to make this

Affidavit.

2. I am of sound mind and capable of making this Affidavit and am personally acquainted with

the facts stated herein.

3. Contractor is enrolled in and participates in a federal work authorization program with

respect to the employees working in connection with the following services contracted between

Contractor and __________________________________________________________

4. Contractor does not knowingly employ any person who is an unauthorized alien in

connection with the contracted services set forth above.

5. Attached hereto is documentation affirming Contractor’s enrollment and participation in a

federal work authorization program with respect to the employees working in connection with

the contracted services.

Further, Affiant sayeth not.

__________________________________________________

Affiant

Subscribed and sworn to before me this __________day of ________________, 2010.

Commission #

PLEASE NOTE:

Acceptable enrollment and participation documentation consists of the following 2 pages of the

E-Verify Memorandum of Understanding:

1. A valid, completed copy of the first page identifying the Contractor; and

2. A valid copy of the signature page completed and signed by the Contractor, and the

Department of Homeland Security – Verification Division.

SAMPLE CONTRACT FOR ENGINEERING SERVICES (CONTINUED)

CONTRACT FOR ENGINEERING SERVICES

PART II – TERMS AND CONDITIONS

1. Termination of Contract for Cause. If, through any cause, the Engineer shall fail to fulfill in a

timely and proper manner his obligations under this Contract, or if the Engineer shall violate any

of the covenants, agreements, or stipulations of this Contract, the City shall thereupon have the

right to terminate this Contract by giving written notice to the Engineer of such termination and

specifying the effective date thereof, at least seven (7) days before the effective date of such

termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings,

maps, models, photographs, and reports prepared by the Engineer under this Contract shall, at the

option of the City, become its property and the Engineer shall be entitled to receive just and

equitable compensation for any work satisfactorily completed hereunder.

Notwithstanding the above, the Engineer shall not be relieved of liability to the City for

damages sustained by the City by virtue of any breach of the Contract by the Engineer, and the

City may withhold any payments to the Engineer for the purpose of set-off until such time as

the exact amount of damages due the City from the Engineer is determined.

2.

Termination for Convenience of the City. The City may terminate this Contract at any time by

giving at least ten (10) days notice in writing to the Engineer. If the Contract is terminated by the

City as provided herein, the Engineer will be paid for the time provided and expenses incurred up

to the termination date. If this Contract is terminated due to the fault of the Engineer, Paragraph 1

hereof relative to termination shall apply.

3. Changes

. The City may, from time to time, request changes in the scope of the services of the

Engineer to be performed hereunder. Such changes, including any increase or decrease in the

amount of the Engineer’s compensation, which are mutually agreed upon by and between the

City and the Engineer, shall be incorporated in written amendments to this Contract.

4. Personnel

.

a. The Engineer represents that he has, or will secure at his own expense, all personnel

required in performing the services under this Contract. Such personnel shall not be

employees of or have any contractual relationship with the City.

b. All of the services required hereunder will be performed by the Engineer or under his

supervision and all personnel engaged in the work shall be fully qualified and shall be

authorized or permitted under State and Local law to perform such services.

c. None of the work or services covered by this Contract shall be subcontracted without the

prior written approval of the City. Any work or services subcontracted hereunder shall be

specified by written contract or agreement and shall be subject to each provision of this

Contract.

5.

Assignability. The Engineer shall not assign any interest on this Contract, and shall not transfer

any interest in the same (whether by assignment or invitation), without the prior written consent

of the City thereto. Provided, however, that the claims for money by the Engineer from the City

under this Contract may be assigned to a bank, trust company, or other financial institution

without such approval. Written notice of any such assignment or transfer shall be furnished

promptly to the City.

6. Reports and Information. The Engineer, at such times and in such forms as the City may require,

shall furnish the City such periodic reports as it may request pertaining to the work or services

undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in

connection therewith, and any other matters covered by this Contract.

7. Records and Audits. The Engineer shall maintain accounts and records, including personnel,

property, and financial records, adequate to identify and account for all costs pertaining to the

Contract and such other records as may be deemed necessary by the City to assure proper

accounting for all project funds, both Federal and non-Federal shares. These records will be made

available for audit purposes to the City or any authorized representative, and will be retained for

three years after the expiration of this Contract unless permission to destroy them is granted by

the City.

8. Findings Confidential. All of the reports, information, date, etc. prepared or assembled by the

Engineer under this Contract are confidential and the Engineer agrees that they shall not be made

available to any individual or organization without the prior written approval of the City.

9. Copyright. No report, maps, or other documents produced in whole or in part under this Contract

shall be the subject of an application for copyright by or on behalf of the Engineer.

10. Compliance with Local Laws. The Engineer shall comply with all applicable laws, ordinances,

and codes of the State and local governments, and the Engineer shall save the City harmless with

respect to any damages arising from any tort done in performing any of the work embraced by

this Contract.

11. Equal Employment Opportunity. During the performance of this Contract, the Engineer agrees as

follows:

a. The Engineer will not discriminate against any employee or applicant for employment

because of race, creed, color, national origin, religion, or sex. The Engineer will take

affirmative action to ensure that applicants are employed, and that employees are treated

during employment, without regard to their race, creed, color, national origin, religion, or

sex. Such action shall include, but not be limited to, employment, upgrading, demotion, or

transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other

forms of compensation; and selection for training, including apprenticeship. The Engineer

agrees to post in conspicuous places, available to employees and applicants for

employment, notices to be provided by the City setting forth the provisions of this non-

discrimination clause.

b. The Engineer will, in all solicitation or advertisements for employees placed by or on

behalf of the Engineer, state that all qualified applicants will receive consideration for

employment without regard to race, creed, color, national origin, religion, or sex.

c. The Engineer will cause the foregoing provisions to be inserted in all subcontracts for any

work covered by this Contract so that provisions will be binding upon each subcontractor,

provided that the foregoing provisions shall not apply to contracts or subcontracts for

standard commercial supplies or raw materials.

d. The Engineer will comply with all provisions of Executive Order 11246 of September 24,

1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

e. The Engineer will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or

pursuant thereto, and will permit access to his books, records, and accounts by the City and

the Secretary of Labor for purposes of investigation to ascertain compliance with such

rules, regulations, and orders.

f. In the event of the Engineer’s noncompliance with the non-discrimination clauses of this

Agreement or with any of such rules, regulations, or orders, this Agreement may be

canceled, terminated, or suspended in whole or in part, and the Engineer may be declared

ineligible for further Government contracts in accordance with procedures authorized in

Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed

and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by

rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

g. The Engineer will include the provisions of paragraphs (a) through (g) in every subcontract

or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor

issued pursuant to Section 204 Executive Order 11246 of September 24, 1965, so that such

provisions will be binding upon each subcontractor or vendor. The Engineer will take such

action with respect to any subcontract or purchase order as the City may direct as a means

of enforcing such provisions including sanctions for noncompliance. Provided, however,

that in the event the Engineer becomes involved in, or is threatened with, litigation with a

subcontractor or vendor as a result of such direction by the City, the Engineer may request

the United States Government to enter into such litigation to protect the interests of the

United States.

12. Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the

grounds of race, color, or national origin, be excluded from participation in, be denied the

benefits of, or be subjected to discrimination under any program or activity receiving Federal

financial assistance.

13. Section 109(a) of the Housing and Community Development Act of 1974. No person in the

United States shall on the grounds of race, color, national origin, religion, or sex be excluded

from participation in, be denied the benefits of, or be subjected to discrimination under any

program or activity funded in whole or in part with funds made available under this title. Any

prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975,

or with respect to an otherwise qualified handicapped individual as provided in Section 504 of

the Rehabilitation Act of 1973, shall also apply to any such program or activity.

14. “Section 3” Compliance in the Provision of Training, Employment, and Business Opportunities.

a. The work to be performed under this contract is on a project assisted under a program

providing direct Housing and Urban Development and is subject to the requirements of

Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.

1701u. Section 3 requires that to the greatest extent feasible opportunities for training and

employment be given lower income residents of the project area and contracts for work in

connection with the project be awarded to business concerns, which are located in, or

owned in substantial part by, persons residing in the area of the project.

b. The parties to this contract will comply with the provision of said Section 3 and the

regulations issued pursuant thereto by the Secretary of Housing and Urban Development set

forth in 24 CFR 135, and all applicable rules and orders of the Department issued

thereunder prior to the execution of this contract. The parties to this contract certify and

agree that they are under no contractual or other disability, which would prevent them from

complying with these requirements.

c. The Engineer will send to each labor organization or representative of workers with which

he has a collective bargaining agreement or other contract or understanding, if any, a notice

advising the said labor organization or workers’ representative of his commitments under

this Section 3 clause and shall post copies of the notice in conspicuous place available to

employees and applicants for employment or training.

d. The Engineer will include this Section 3 clause, in every subcontract for work in connection

with the project and will, at the direction of the applicant for or recipient of Federal

financial assistance, take appropriate action pursuant to the subcontract upon a finding that

the subcontractor is in violation of regulations issued by the Secretary of Housing and

Urban Development, 24 CFR Part 135. The contractor will not subcontract with any

subcontract where it has notice or knowledge that the latter has been found in violation of

regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor

has first provided it with a preliminary statement of ability to comply with the requirements

of these regulations.

e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135,

and all applicable rules and orders of the Department issued hereunder prior to the

execution of the contract, shall be a condition of the Federal financial assistance provided to

the project, binding upon the applicant or recipient for such assistance, its successors and

assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its

contractors and subcontractors, and its successors and assigns to those sanctions specified

by the grant or loan agreement or contract through which Federal assistance is provided,

and to such sanctions as are specified by 24 CFR Part 135.

15. Section 503 of the Rehabilitation Act of 1973, as amended, provides for the nondiscrimination in

contractor employment. All recipients of Federal funds must certify to the following through all

contracts issued.

a. The Engineer will not discriminate against any employee or applicant for employment

because of physical or mental handicap in regard to any position for which the employee or

applicant for employment is qualified. The Engineer agrees to take affirmative action to

employ, advance in employment, and to otherwise treat qualified handicapped individuals

without discrimination based upon their physical or mental handicap in all employment

practices, such as employment upgrading, demotion or transfer, recruitment, advertising,

layoff or termination, rates of pay or other forms of compensation, and selection for training

including apprenticeship.

Affirmative Action for Handicapped Workers

b. The Engineer agrees to comply with the rules, regulations, and relevant orders of the

Secretary of Labor issued pursuant to the Act.

c. In the event of the Engineer’s noncompliance with the requirements of this clause, actions

for noncompliance may be taken in accordance with the rules, regulations, and relevant

orders of the Secretary of Labor issued pursuant to the Act.

d. The Engineer agrees to post in conspicuous places, available to employees and applicants

for employment, notices in a form to be prescribed by the Director, provided by or through

the contracting officer. Such notices shall state the contractor’s obligation under the law to

take affirmative action to employ and advance in employment qualified handicapped

employees and applicants for employment, and the rights of the applicants and employees.

e. The Engineer will notify each labor union or representative of workers with which it has a

collective bargaining agreement or other contract understanding, that the contractor is

bound by terms of Section 503 of the Rehabilitation Act of 1973 and is committed to take

affirmative action to employ and advance in employment physically and mentally

handicapped individuals.

f. The Engineer will include the provisions of this clause in every subcontract or purchase

order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary

issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each

subcontractor or vendor. The Engineer will take such action with respect to any

subcontractor or purchase order as the Director of the Office of Federal Contract

Compliance Programs may direct to enforce such provisions, including action for

noncompliance.

16. Section 504 of the Rehabilitation Act of 1973, as amended, provides for nondiscrimination of an

otherwise qualified individual solely on the basis of his handicap in benefiting from any program

or activity receiving Federal financial assistance. All recipients must certify to compliance with

all provisions of this Section.

17. Age Discrimination Act of 1975. No person in the United States, on the basis of age, be excluded

from participation in, be denied benefits of, or be subjected to discrimination under, any program

or activity receiving Federal financial assistance.

18. Authorized Employees. Consultant acknowledges that Section285.530, RSMo, prohibits any

business entity or employer from knowingly employing, hiring for employment, or continuing to

employ an unauthorized alien to perform work within the State of Missouri. Consultant therefore

covenants that is not knowingly in violation of subsection 1 or Section 285.530, RSMo, and that

it will not knowingly employ, hire for employment, or continue to employ any unauthorized

aliens to perform work on the Project, and that its employees are lawfully to work in the United

States.

19. Interest of Members of a City. No member of the governing body of the City and no other

officer, employee, or agent of the City who exercises any functions or responsibilities in

connection with the planning and carrying out of the program, shall have any personal financial

interest, direct or indirect, in this Contract, and the Engineer shall take appropriate steps to assure

compliance.

20. Interest of Other Local Public Officials. No member of the governing body of the locality and no

other public official of such locality, who exercises any functions or responsibilities in

connection with the planning and carrying out of the program, shall have any personal financial

interest, direct or indirect, in this Contract, and the Engineer shall take appropriate steps to assure

compliance.

21. Interest of Engineer and Employees. The Engineer covenants that he presently has no interest and

shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other

interest which would conflict in any manner or degree with the performance of his services

hereunder. The Engineer further covenants that in the performance of this Contract, no person

having any such interest shall be employed.

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SAMPLE CONTRACT FOR ENGINEERING AND TECHNICAL SERVICES (Missouri)

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