HomeMy Public PortalAboutORD12754 t
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BILL NO. 98-15
SPONSORED BY COUNCILMAN Haake
ORDINANCE NO
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A DESIGN/BUILD AGREEMENT WITH BURNS
& MCDONNELL FOR COVINGTON GARDENS PUMP STATION.
WHEREAS, Burns & McDonnell has been selected as the firm best qualified to provide �
professional services related to the Covington Gardens Pump Station
Design/Build Project;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section1. Burns & McDonnell is hereby approved as the best qualified firm to
provide professional services and its proposal is hereby accepted.
' Section 2. The Mayor and City Clerk are hereby authorized to execute a design/build
agreement with Berns & McDonnell for the Covington Gardens Pump Station.
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Section 3. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date of
its passage and approval.
Passed:Mr4 y / � �9�`F' Approved: Aa7
r:
Presiding Officer Mayor
ATTEST: APPROVED AS TO FO
Clerk City C6dWselor
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INITIAL REVIEW
OF ,
x DESIGN BUILD PROPOSAL
COVINGTON GARDENS PUMP STATION
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Engineer / Black&Veatch Burns &McDonnell Horner& Shifrin
Contractor Construction,Inc. Aplex D. Schnieders
Equipment
j Cost $2,000 BIER Report $141,700 $145,650
$185,000- $210,000
Pumping Capacity Incl. 900 gpm& alt. 400 gpm firm 900 gpm @ 215
. 400 gpm provision TAH
`r for second structure
Scheduled Start Up 20 weeks from 11 weeks from 14.5 weeks from
Notice to Proceed Notice to Proceed Notice to Proceed
Personnel Assigned All very capable Very capable All very capable
Well Size 96" dia.X 17' deep 96" dia.X 22' deep 8' x 8' x 25' deep
Wet We Stec P
Road Work Yes No NO
Included
Acceptability of Complete Complete Complete
Proposal
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`` Bonding Yes . . $1,800 $2,000
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AGREEMENT T FO R DESI N IBUILD SERVICES
THIS AGREEMENT,is effective as of this A day of May, 1998, is by and between the City of Jefferson,
Missouri,hereinafter referred to as"City,"and,Burns&McDonnell Engineering Company,Inc.,hereinafter
s referred to as"Contractor." Contractor agrees to perform the Professional Services and Work set forth in
this Agreement in accordance with its terms {
i This Agreement consists of the following documents which are incorporated herein by references:
• Attachment"A," Scope of Work;
• Attachment`B," Compensation;
Attachment"C," Contractor's insurance Requirements;
i General Conditions.
CONTRACT PRICE For the complete performance of all services and work covered by this Agreement, City
agrees to pay Contractor One Hundred Forty-Three Thousand Five Hundred Dollars ($143,600).
CONTRA ,T TIME, The Work to be performed under this Agreement shall be substantially completed
within seventy-seven(77)days after City's Notice to Proceed.
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This Agreement, including attachments incorporated herein by reference, represents the entire Agreement
j and understanding between the parties, and any negotiations, proposals or oral agreements are intended
f to be integrated herein and to be superseded by this Agreement. This Agreement may not be modified or
altered, except by an Agreement in writing and signed by authorized representatives of both patties hereto,
1 which specifically refers to this Agreement.
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CITY OF JEFFERSON BURNS &McDONNELL ENGINEERING i
CO., INC.
6",
Duane Schreimann Stephen A. Yonk , P.E.
Mayor Project Manager
TTEST:
Phyllis Powell J a r
s L. Foil, P.E.
City Clerk Vi -President
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APPROVED A5 TO ORM:
B.Alle ner �-
�, City Counselor
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!C�L��t_C�I+IDiTIONS
SECTION i . nrFINIT Qm
1.1 Work: The labor, materials, equipment,and services required to complete the work described in the
Scope of Work.
1.2 ontra t Documents: Drawings, specifications, and agreements between City
and Contractor,
including addenda, amendments, supplementary instructions, and Change Orders.
1.3 12M_t_c"__Priuss: The Contract Price is the total cost for completing the Work set forth in this
Agreement, as amended by Change Orders including design fees, and reimbursable expenses.
1.4 Contr ict Time: The time between issuance of the Notice to Proceed and Substantial Completion of the
Work. The Contract Time is measured in calendar days.
1.5 DUfal: All time in this Agreement is computed on the basis of calendar days, unless otherwise
specifically noted.
1.6 Sub•t n ial Coruktionn: The date upon which the Work is sufficiently complete that the Project Site
may be used for its intended purpose with minimal disruption.
Work is substantially complete even if all of the requirements of this Agreement have not been met,
or minor work remains to be accomplished.
1.7 �hanee Ord .,; A written agreement between Contractor and City, executed after the inception date
of this Agreement which modifies the Scope of Work, the Contract Price, the Contract Time, or all of
them.
1.8 Notice to Proceed: A written notice from City to Contractor authorizing it to proceed pursuant to this
Agreement.
1.9 Proiect: The Work to be performed at the Project Site.
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1.10 ProiUt Site: Covington Gardens Wastewater Lift Station,Jefferson City, Missouri
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1.11 Waste Matpriala: Any toxic substances,chemicals
pollutants or other materials, in whatever form or
j state, including, but not limited to smoke, product, waste, contaminant, vapors, soot, fumes, acids,
alkalis, minerals, liquids, gasses, or any other material, irritant, contaminant or pollutant, that is
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organisms,or which are known suspected to impair the environment in any way whatsoever and shall
include,but not be Limited to,those substances defined,designated or listed in Section 4004 of the Solid
Waste Disposal Act(42 USC§6903);Section 9601(14)of the Comprehensive Environmental Response,
Compensation and Liability Act(42 USC§ 9601(14); as listed or designated under Sections 1317 and
1321 (b)(2)(a) of the Title 33 (33 USC §§ 1317 and 1321 (b)(2)(a)or as defined, designated or listed
under any other federal,state or local law, regulation or ordinance concerning chemicals, wastes, toxic
substances or pollution.
1.12 Laws and ldeetclations:Any and all applicable laws, rules regulations,
of any and all governmental bodies, agencies, authorities and courts having ordinances, codes and orders
g jurisdiction.
1.13 Professional rvi e9: Those architectural and engineering services set forth in the Scope of Work,
Attachment"A."
SECTION 2 - SQQPF QigK
Contractor shall perform, itself or through subcontracts the services and Work set forth in Attachment
"A,"Scope of Work. '
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SECTION 'Q - A CTOR,'CO, Ftl<MMIBII,�.TM
t' 3.1 Professional S
Mjyga: Contractor shall prepare plans and specifications in sufficient detail as the
Contractor deems necessary to permit the Work to be completed in accordance with the Scope of Work
Contractor shall perform the Professional Services consistent with that level of care and skill ordinarily
exercised by other professional engineers under similar circumstances at the same time and place the
Professional Services ate performed.
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3.2 L199 1,m: Contractor shall obtain all necessary licenses requited for performing the Work.
3.3 Supervision �nr1 i
-�13 IM- =sib: Contractor shall supervise and direct the Work competently
and efficiently, devoting such attention thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the Scope of Work. Contractor shall be solely
responsible for the means, methods, techniques, sequences and procedures of construction, but
Contractor-shall not be responsible for the negligence of the City, the City's agents and representatives,
or others under contract with the City. Contractor shall be responsible to see that the completed Work
complies substantially with the Scope of Work.
3.4 5u_ r'r ,tQr,,gi Within the limits of Section 8, Contractor shall be responsible to City for all negligent
acts and omissions of the Subcontractors, Suppliers, and other persons and organizations performing
or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is
responsible for Contractor's own negligent acts and omissions. Nothing in the Scope of Work shall
create for the benefit of any such Subcontractor, Supplier or other person or organization any
contractual relationship between City and any such Subcontractor, Supplier or other person or
organization, nor shall it create any obligation on the part of City to pay or to see to the payment of any
monies due any such Subcontractor,Supplier or other person or organization except as may otherwise
be required by Laws and Regulations.
Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors,
Suppliers,Transporters and other persons and organizations performing or furnishing any of the Work
under a direct contract with Contractor. Contractor shall require all Subcontractors, Suppliers and
such other persons and organizations performing or furnishing any of the Work to communicate with
the City through Contractor.
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All Work performed for Contractor by a Subcontractor, Supplier or Transporter will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds
jthe Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents.
i 3.5 13 rec0 .. riiefinn Onnf.,ence: Prior to commencing work, Contractor shall convene a preconstruction
conference with.representatives of the City and all major Subcontractors, and Suppliers to discuss the
nature of the Work to be performed. Contractor shall be represented by the on-site representative,who j
will be in responsible charge and will personally direct Contractor's work. Contractor shall prepare a
memorandum of the discussions and any directions issued.
3.6 Hazard_ar unication ProergM: Contractor shall be responsible for coordinating any exchange of
material safety data sheets or other hazard communication information required to be made available
to or exchanged between or among employers at the site in accordance with Laws or Regulations.
3.7 Government Submissions: Contractor shall prepare all submissions necessary to receive governmental
construction,demolition or like approval for commencement of the Work and shall be responsible for
the cost of any associated fees or permits.
SECTION-4 - PROJECT BIJ�
' As per lump sum price.
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SECTION5 CI`Ir�� �'N '.
,rte b.l Coo nrffl: City shall provide Contractor with all information in City's possession concerning the
Project Site or which would materially affect performance of the Work. City shall cooperate fully with
Contractor and shall timely provide Contractor with all decisions, choices, criteria or other
determinations necessary to the prosecution of the VA'ork. City shall designate a Project Representative
who shall act on City's behalf.
5.2 rt ry ing: if requested by Contractor, City shall provide surveying data and surveying controls j
necessary f'or prosecution of the Work.
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5.3 Site Ac_ ces�: City shall provide Contractor and all Subcontractors with unrestricted access to the
Project Site, including areas adjacent and reasonably necessary for performance of the Work.
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S �Z'ION s • C TUT AXT10"
When City or Contractor requires changes, it shall provide a written proposal of the requested work.
City understands that unforeseen site conditions may require changes in the Scope of Work to be
performed.
6.1 Reniiested Chaps es: When City requires changes, it shall request that Contractor provide it with a
written proposal to perform the changed work.Such proposal shall describe the services or work to be
performed or deleted and shall state any increase or decrease in time of performance or price. If
agreement is reached, a written Change Order shall be executed by the parties.
6.2 Change Order Amount: The increase or decrease in the Contract Price resulting from a change in the
Project shall be determined in one or mote of the following ways:
6.2.1 by mutual acceptance of a lump sum properly itemized and su pported by sufficient
substantiating data to permit evaluation;or j
6.2.2 by unit prices stated in this Agreement or subsequently agreed upon.
6.2.3 if Contractor and City cannot agree upon the terms of the Change Order, City can withdraw
the Change Order request. If not withdrawn, Contractor shall promptly perform the services
or Work requested in writing and the parties shall endeavor to resolve the cost or time impact
1 as follows.
The cost of such Work shall be determined on the basis of the reasonable expenditures and
savings attributed to the change, including, in the case of an increase in the Contract Price,
a reasonable increase in the Contractor's Fee. The Contractor shall keep and present, in such
form as the City may prescribe, an itemized accounting together with appropriate supporting
data of the increase in the Cost of the Project. The amount of decrease in the Contract Price
for any deletion or change which results in a net decrease in cost will be the amount of the '
actual net decrease. When both additions and credits are involved in any one change, the
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increase in Contractor's Fee shall be figured on the basis of net increase, if any.
i 6.3
i U it_Fhce Adiustment: If unit prices are stated in this Agreement or subsequently agreed upon, and
if the quantities originally contemplated are so changed in a proposed Change Order or as a result of
several Change Orders that application of the agreed unit prices to the quantities of Work proposed
will cause substantial inequity to the City or the Contractor, the applicable unit prices shall be
equitably adjusted.
6.4 isnutes: Any Change Order dispute shall be resolved under Section 10,"Dispute Resolution." During
the resolution of the dispute, City shall pay the amount of City's last offer. Acceptance of payment of i
this sum shall not be deemed a waiver. by Contractor of the disputed amount unless expressly stated
in writing by Contractor.
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SECTION _ �)EGAYS ANnn
7.1 ] lays Due 1° W e-Ath�r (' f.iun : Adjustments in the Contract Tinge and Price due to weather
conditions will be permitted and shall be made by Change Order.
7.2 Mlays D rol of(,ant—f—: Delays due to acts, errors, omissions of City
and any persons or entities not under Contractor's control or by earthquake, flood, fire, labor strike,
acts of God and other perils,shall entitle Contractor to any adjustment in the Contract Time and Price.
7.3 Noticq: Within fourteen(14)days after the initial occurrence of delays due to weather or other causes
in Section 7.2, Contractor shall request, in writing, an adjustment of the Contract Time and Price. The
request shall include the number of days requested, provide an analysis of the impact of the delay on
the Contractor's work. In the case of a continuing delay, only one notice is necessary.
7.4fADltie n itions: Contractor shall promptly,within a reasonable time after it gains knowledge
of any of the following conditions, notify City of physical, structural, subsurface, soil or other conditions
uncovered, revealed or discovered, at the Project Site differing from 1) those indicated, reflected or
referred to in this Agreement or which were provided or represented to Contractor; 2) those ordinarily
encountered and generally recognized as inherent in work having the character of the Work,or 3)those
apparently based upon a reasonable visual inspection of the Project Site. City shall be given an
opportunity to review the differing conditions before Contractor proceeds with its Work. Thereafter,
if such differing conditions adversely affect Contractor's performance hereunder, the parties shall
adjust this Agreement by Change Order per Section G to reflect the cost and schedule impact of such
conditions.Contractor need not continue performance of the Work upon any such notification to City
of such differing site conditions,and Contractor shall not be required to resume performance until such
appropriate amendment is agreed.
SECTION 8 -AL K
"� " 8.1 W iv r f Conse uential Dg_maees: Contractor agrees to waive arty claim against the City for
consequential damage. City agrees that in no event shall Contractor or its subcontractors of any tier
be liable in contract, tort, strict liability,warranty or otherwise, for any special, indirect, incidental or
consequential damages including,but not limited to,delay, disruption, loss of product, loss of use, loss
of profits or revenue or business opportunity, increased expenses of operation, increased cost of goods
or services outside Contractor s scope of work, cost of capital or finance, governmental fines or
penalties, liquidated damages assessed against City, or incidental or consequential damages of any
nature. i
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8.2 Indemnification bsr Co ntra or:
8.2.1 Bodily injury/Property Damage. Contractor shall indemnify and hold harmless City from and
against any and all liabilities, loss, claims, demands and causes of action for bodily injury to
or death of any person or destruction of or physical injury to tangible property(excluding the
Work itself) occurring as a .result of the negligence of Contractor, its agents, employees or
subcontractors in the performance of this Agreement, but only to the extent such liabilities,
losses,claims, demands and causes of action were caused by the negligence of Contractor, its
agents,employees or subcontractors. Contractor's liability to City for claims under this Section
a), either in contract or in tort, shall in no event exceed the insurance limits specified in
Attachment"C"hereto.
8.2.2 Other Damages. For all other claims and damages not covered by Section 8.2.1, Contractor
shall indemnify and hold harmless City from and against all such claims, damages, loss or
liability but only to the extent caused by the negligence of Contractor. Contractor's indemnity
obligation under this Section 8.2.2 shall not exceed the limitation contained in Section 8.1,
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above.
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8.3 Inr�m ification by City: City shall indemnify- and hold harmless Contractor, its subcontractors, r
`,.. suppliers and the employees and agents of any of them, from and against any and all claims, damages
or liability arising from or related to:
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8.3.1 Work performed by City's employees or by City's separate contractors of consultants;
--.` 8.3.2 Claims of trespass or damage to property, including underground utilities or structures, which
a arise out of the Work, except where Contractor is negligent or has violated City's specific
written instructions.
8.3.3 environmental ink nity for Pre-existing ConditionQ: To the fullest extent permitted by law,
City agrees to indemnify, defend and hold harmless Contractor from and against all claims,
damages, losses and expenses, including but not Limited to attorneys' fees, arising out of or
resulting from any.release or threatened release of Waste materials that existed at the project
site prior to the commencement of Contractor's work,provided that such release or threatened
release is not finally determined to have resulted from the negligence of the Contractor.
Without limiting the generality of the foregoing, the above indemnification extends to claims
resulting from:
8.3.3.1. City's violation or alleged violation of any federal, state or local statute, regulation or
ordinance relating to the disposal of toxic or hazardous substances or constituents;
8.3.3.2. City's or Contractor's undertaking of or arrangement for handling, removal,
treatment,storage, transportation or disposal of Waste Materials found or identified
at the site.
8.3.3.3. Waste Materials introduced at the site by City or third persons before or after the
completion of services herein;
8.3.3.4. Allegations that Contractor is a generator, operator, treater, Storer, transporter,
arranger for transport, handler' or disposer under the Resource Conversion and
Recovery Act(RCRA), Comprehensive Environmental, Response, Compensation and
Liability Act (CERCLA) or any other federal, state or local law, regulation or
<� ordinance.
8.4 _Qontipuing Agrgem n : The obligations of this Section shall survive notwithstanding termination of
this Agreement. In the event that City requests that Contractor provide additional services during or
after construction, City's obligations under this Section shall apply to such additional Work as if such
additional Work had been performed as part of this Agreement.
8.5 Property Insurance: City shall obtain property insurance in the amount of the Contract Price to protect
against injury or damage to the Project. This insurance shall include as named insureds, City,
Contractor, Subcontractors and subsubcontractors. Property insurance shall be on an all-risk policy
form and shall insure against the perils of fire and extended coverage and physical loss or damage
including,without duplication of coverage, theft, vandalism, malicious mischief, collapse, false work,
temporary buildings, flood and debris removal including demolition occasioned by enforcement of any
applicable legal requirements, and shall cover reasonable compensation for services and expenses
required as a result of such insured loss. Coverage for other perils shall not be required unless
otherwise provided in the Contract Documents. All such policies shall contain provisions to the effect
that in the event of payment of any loss or damage the insurers will have no rights of recovery against
any.insureds or additional insureds thereunder.
8.6 Waiver of ubroeation: The City and Contractor waive all rights against each other and against the
contractors, subcontractors or consultants of either of them, and any persons or entities listed as
insureds or additional insureds, for claims or damages caused by perils to the extent covered by
property insurance obtained pursuant to Section 8.5 or other property insurance applicable to the
Work,except such rights as they have to proceeds of such insurance held by either party as trustee, or
otherwise payable under any such policy.If the policies of insurance carried by either party require an
endorsement to provide for a waiver of subrogation, the parties will cause the endorsements to be
made.
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SECTION 9 - WARRANTIES
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�""'•, 9.1 One-Yea W=UJy: Contractor warrants to City for a period of one (1) year from Substantial
Completion that its work, the work of its Subcontractors, and any and all materials, equipment or
supplies supplied by it or its Subcontractors and which forms a part of the completed Work shall be
performed and constructed in a workmanlike manner and that the Professional Services will comply
with the standard of care in Section 3.1. Prior to final payment, Contractor shall provide City with any
warranties or guaranties provided by equipment manufacturers or other suppliers.
9.2 Limitation: The warranty in Section 9.1 and those special warranties required by the Contract
Documents are the only warranties applicable to the Work.All other warranties, express or implied,
including, but not limited to, the implied Warranties of Merchantability and Fitness for a particular
Purpose are disclaimed.
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TI IN 10 - DISPUTE RESOI, TI N
10.1 Exhaustion of Remedies Required: No action may be filed unless the procedures set forth in this
Section have been fully complied with and all dispute resolution procedures exhausted. If timely Notice
is given under Section 10.3, but an action is initiated prior to exhaustion of these procedures, such
action shall be stayed, upon application by either party to a court of proper jurisdiction, until the
procedures in Sections 10.3-10.4 have been complied with.
10.2 Scope o(Section: The procedures of this Section shall apply to any and all disputes between City and
Contractor which arise from, or in any way are related to, this Agreement, including, but not limited
to the interpretation of this Agreement, the enforcement of its terms, any acts, errors or omissions of
City or Contractor in the performance of this Agreement, and disputes concerning payment.
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10.3 Notice of Dispute:
a) For disputes arising prior to the making of final payment, within twenty-one (21) days of
occurrence of any incident,action,or failure to act upon which a claim is based,the party seeking relief
shall serve the other party with a written Notice;
b) For disputes arising after the making of final payment, City must give Contractor written I
1 Notice at the address listed in Section 12.3 within ninety (90) days after occurrence of any incident,
accident or first observance of defect or damage.In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate portions of this i
Agreement that authorize the relief requested.
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10.4 Negotiation: Within seven (7) days of receipt of the Notice, the project managers for the City and
Contractor shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that
level, then, upon written request of either side, the matter shall be referred to the President of the
Contractor and the City Administrator of the City. These officers shall meet at the Project Site or such
other location as is agreed upon within thirty(30)days of the written request to resolve the dispute.
10.5 ion: If the City's and Contractor's said officers are unable to resolve the dispute, then either
+ side may request that the matter be submitted to non-binding mediation before a mediator mutually
j agreed upon. Any administrative or mediator's fees shall be split equally between the parties.
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10.6 ff_ iv _11m Final Eument: The making of final payment by City and the acceptance of same by
Contractor, its subcontractors and suppliers, shall constitute a waiver of existing claims by the City
and such payee except those previously made in writing and identified as unsettled by City at the time
of payment, or by the payee at the time of such payee's final invoice. Except of those claims waived
under Section 8.6, final payment shall not constitute a waiver of claims by the City relating to liens
unsettled, subsequent discovery of Work not in compliance with this Agreement,or the terms of special
warranties required by the Contract Documents.The waivers contained in Section 8.6 shall continue
to apply after final payment is made.
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10.7 fiver,M _1,.SL,V imeLy Not U: Whether the claim or dispute arises before or after the making of final
payment, Claims shall be barred and no suit or demand may he filed if timely Notice as stated in
Section 10.3 is not given. Nothing in this Section shall be construed as directly or indirectly limiting
the time to institute suit.,but rather to give the responding party timely notice and prompt opportunity
to investigate the allegations of the dispute.
SECUON I l - TERMI��S
11.1 FQLS am,9e: This Agreement may be terminated by the City or Contractor by seven (7) days' written
notice in the event of substantial failure to perform in accordance with the terms hereof by the other
party through no fault of the terminating party. If so terminated, City shall pay Contractor all
amounts due Contractor for all services rendered and work performed t the date of termination. If the
termination is due to a City default, City shall also pay Contractor for reasonable costs incurred in
j closing out the work and securing the Project Site.
11.2 F -v ni .nc : In addition,the City may terminate this Agreement if the City cancels the Project.
In such event, the Contractor shall be entitled to: l)recover all reasonable costs and expenses incurred
to date of termination plus all costs incurred to assemble and close project; 2) termination
penalties/expenses related to third parties retained by Contractor in regard to its obligations under this
Agreement;plus 3)a cancellation charge of 10 percent of the remaining portion of the Contract Price
to cover lost profits, damages, and lost opportunity costs which cannot otherwise be accurately
calculated.
11.3 usnengio : if the Project is suspended by the City for more than thirty (30) consecutive days, the
Contractor shall be compensated for services and work performed prior to such suspension. When the
Project is resumed, the Contract Time and Price shall be equitably adjusted to provide for the period
of delay and expenses incurred in the interruption and demobilization/remobilization of Contractor's
Work.
` 11.4 NorL--Pay ment: Failure of the City to make payments to Contractor when due shall be considered
substantial nonperformance and cause for termination.
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.TION 12 - ISCEL ANUMV i
12.1 gsig`nment: This Agreement may not be assigned without the express written concurrence of City
and Contractor. Contractor reserves the right to delegate to other subcontractors,suppliers, architects
and engineers portions of its services under this Agreement.
12.2 Publicity: Contractor shall have the right to use the name of this Project, and to use photographs of
this Project, in any promotional, professional or advertising material.
12.3 NQtj=- : All notices required under this Agreement may be delivered by hand, or may be sent, first
class mail, return receipt requested, at the addresses listed below. The address of a party may be
changed by notice sent or delivered in accordance with this Section.
Contractor: Burns &McDonnell Engineering Company
9400 Ward Parkway
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? Y.O. Box 419113
Kansas City, MO 64141-6173 ;
City: City of Jefferson
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Attention Public Works Director
320 East McCarty Street
i Jefferson City,MO 65101
12,4 This Agreement shall be subject to, interpreted and enforced according to the laws
` of the State of Missouri.
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rt 12.5 This Agreement,including attachments incorporated herein by reference, represents the
y{ : entire Agres.-went and understanding between the parties, and any negotiations, proposals or oral t
agreements are intended to be integrated herein and to be superseded by this Agreement, If any part 1
of this Agreement shall be held illegal, unenforceable, void or voidable b an court of competent
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jurisdiction,each of the remainder of the provisions shall nevertheless remain in full force and effect
4 and shall in no way be affected, impaired or invalidated.
Thin Agreement may not be modified or altered, except by an Agreement in writing and signed by 4
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uthorized representatives representatives of both parties hereto,which specifically refers to this Agreement.
12.6 ST�1t Il.Y AS �1CiaAies: Nothing contained in this Agreement is intended to benefit anyone other
4 than the parties hereto, nor to create a contractual relationship with,or a cause of action in favor of,
a third party.
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I, SCOFF% O "V4' ft
I The Scope of Work shall be in accordance with the"Project Flan"section of Contractor's D�sign-Bt d Fronosal
for CoAngto wardens Wastewater'.&B ttm dated May 12, 1998 and submitted to City on May 13, 1998. c
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ATTAC�'.1�1'ENT 6D„ t
I.
C()MFENSATION
I. Payment j
1.1 Desien and Construction Costs: Contractor shall invoice City on a monthly basis for all work
performed by Contractor.
1.2 Late Payment Charges: All payments under this Agreement are due upon receipt of the invoice. Any
amounts not paid by City within thirty(30)days of the invoice date shall be assessed interest at the
rate of one and one-half percent(1.5°x)per month, except any amounts in dispute.
I
1.3 Disputed Sums: In the event a portion of Contractor's invoice is disputed by City, the undisputed
portion shall be paid by City by the date due. City shall advise Contractor in writing of the reasons and
amount of any disputed portion of an invoice.
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ATTACH M.TENT «C"
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CONTRAC' O INSt.TRA CE REAI1iItFMFNT
1. Contractor shall procure and maintain at its own expense during the life of this Contract:
A. Wei 1 mnensatiop Insurance for all of its employees to be engaged in work under this
Contract.
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B. Contractor's
Ptiblic iability Jnsurgnce Public in an amount not less than $1,000,000 for all claims f
arising out of a single occurrence and $100,000 for any one person in a single accident or
occurrence, except for those claims governed by the provisions of the Missouri Workmen's
Compensation Law, Chapter 287, RSMo, and Contractor's Property Damage Insurance in an
amount not less than$1,000,000 for all claims arising out of a single accident or occurrence
and$100,000 for any one person in a single accident or occurrence.
C. Automobile Liability Insurance in an amount not less than$1,000,000 for all claims arising
out of a single accident or occurrence and $100,000 for any one person in a single accident or
occurrence.
D. a� hr's ProtUr jve Liability Insurance, Contractor shall also obtain at its own expense and
deliver to the City an Owner's Protective Liability Insurance Policy naming the City of
Jefferson as the insured, in an amount not less than$1,000,000 for all claims arising out of a
single accident or occurrence and $100,000 for any one person in a single accident or
occurrence, except for those claims governed by the provisions of the Missouri Workmen's
Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability
for damage to underground strictures or by reason of blasting, explosion or collapse.
rj E. Subcontracts, In case any or all of this work is sublet, Contractor shall require the
Subcontractor to procure and maintain all insurance required in Subparagraphs(a), (b), and
(c)hereof and in like amounts.
F. Scgl2e of Insurance and Special Hazard. The insurance required under Sub-paragraphs(b)and
(c)hereof shall provide adequate protection for Contractor and its subcontractors, respectively,
against damage claims which may arise from operations under this Contract, whether such
operations be by the insured or by anyone directly or indirectly employed by it, and also
against any special hazards which may be encountered in the performance of this Contract.
No .f E: Paragraph (f) is construed to require the procurement of Contractor's protective insurance (or
contingent public liability and contingent property damage policies)by a general contractor whose subcontractor
has employees working on the project, unless the general public liability and property damage policy(or rider
attached thereto)of the general contractor provides adequate protection against claims arising from operations
by anyone directly or indirectly employed by Contractor.
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