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HomeMy Public PortalAboutORD10068 BILL NO. 3' 1 /0 SPONSORED BY COUNCILMAN ORDINANCE NO. VO AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH ANCO TESTING LABORATORY, INC. FOR SOIL TESTING SERVICES REQUIRED FOR SITE PREPARATION FOR A 1,000 FOOT RUNWAY EXTENSION WITH PARALLEL TAXIWAY FOR R/W 12/30 AT THE JEFFERSON CITY MEMORIAL AIRPORT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI AS FOLLOWS: SECTION 1. The Mayor and Clerk of the City of Jefferson, Missouri are authorized and directed to execute a contract with Anco Testing Laboratory, Inc. for soil testing services for site preparation for a 1, 000 foot Runway Extension with Parallel Taxiway for R/W 12/30 at the Jefferson City Memorial Airport. SECTION 2. The contract shall be substantially the same in form and content as the contract attached hereto as "Exhibit A" and made a part hereof. SECTION 3. This ordinance shall be in full force and effect from and after its passage and approval. Passed – t q 0 — Approved (-/ oZ 3 Pr iding O�—M��e—r— Mayor ATTEST: City Clerk AGREEMENT for SOIL TESTING 22 This Agreement made this � day of _J_.P 19L3 by and between the City of Jefferson City, Missouri (hereinafter called the "City" ) , and ANCO Testing Laboratory (hereinafter called the "Consultant" ) . WHEREAS, the City desires to engage the Consultant to render certain technical services hereafter described, and WHEREAS, the Consultant warrants that it is competent to perform the technical services hereafter described, and WHEREAS, the Consultant is desirous of rendering the tech- nical services as hereafter described. NOW THEREFORE, in consideration of the mutual undertakings herein contained, the parties agree as follows: ARTICLE I . EMPLOYMENT OF CONSULTANT. The City hereby agrees to engage the Consultant and the Consultant hereby agrees to perform the services hereinafter described. The objective of the service to be provided by the Consultant will be to perform required soil testing services for the site preparation for a 1, 000 foot runway extension with parallel taxiway for runway 12/30 at the Jefferson City Memorial Airport. ARTICLE II. SCOPE OF WORK. The Consultant shall do, perform and carry out in a satis- factory and proper manner as determined by the City, the SCOPE OF WORK attached and incorporated herein as Appendix "A. " ARTICLE III. PERSONNEL. Section 1. The Consultant represents that he has , or will secure at his own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees or have any contractual relationship with the City. Section 2. All services required hereunder will be performed by the Consultant or under his supervision, and all personnel engaged in the work shall be fully qualified. Section 3. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Section 4 . It is understood and agreed that the personnel indicated in the KEY PROJECT PERSONNEL of Appendix "$" will be assigned to the project and will be assigned responsibility as indicated in Appendix "A; " V .. ARTICLE IV. TIME. The services of the Consultant are to commence upon written Notice to Proceed by the City, and shall be completed within the PROJECT SCHEDULE as outlined in Appendix "A. " ARTICLE V. COMPENSATION. Section 1. Compensation for the services specified in Appendix "A" SCOPE OF WORK, attached and incorporated by reference hereto, for all expenses incurred by the Consultant in overhead, travel, administrative, and indirect expenses shall be paid according to the submitted rate schedule attached and incorporated as Appendix "B" and shall constitute full and complete compen- sation for the Consultant's services indicated in Appendix "A. " Section 2. The Consultant shall advise the City in writing when cost for services reaches Five Thousand Dollars ( $5, 000.00 ) and will not proceed with further work without written notice from the City Director of Transportation. ARTICLE VI. METHOD OF PAYMENT. The City will pay the Consultant monthly based on the work completed in the preceeding month and shall, in every case, be supported by a suitable invoice. ARTICLE VII. EXTRA SERVICES. If the Consultant is requested to provide Extra Services by the City, the scope of, and the fee for said services shall be submitted to the City for review and approval. No work will be performed or invoiced for until after written authorization for the Extra Services is received from the City. ARTICLE VIII. INDEMNIFICATION AGREEMENT. The Consultant hereby agrees and covenants that they will hold and save harmless and indemnify the City, their officers , agents , servants , and employees from liability of any nature or kind, in connection with the work to be performed hereunder arising out of any act or omission of the Consultant or of any employees or agent of the Consultant or any of them, or associ- ated with them including any persons , firm or corporation engaged by the Consultant to perform any work required by or in connection with the work required by this Agreement. ARTICLE IX. TERMINATION OF AGREEMENT. The City, at any time, and with or without cause, may terminate this Agreement as to any services not yet rendered. The Consultant shall have no right to terminate services under this Agreement without just cause . Termination by the City shll be by registered letter, addressed to the Consultant at the address set forth herein. Should this Agreement be so terminated, the Consultant shall receive no compensation for any services -2- not performed. The City shall pay, as the full compensation -to which the Consultant shall be entitled in connection with the Agreement ( if termination is not the fault of the Consultant) , amounts for or attributable to services completely satisfactory through the date of determination, plus costs incurred in com- pleting such reports , documents , or matters as required by the City for the termination of the work and securing the project against damage or injury occasioned by delay or stoppage. ARTICLE X. TITLE VI ASSURANCES. During the performance of this contract, the Consultant, for itself, its assignees and successors in interest agrees as follows: Section 1. Compliance with Regulations. The Consultant shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT" ) Title 49 , Code of Federal Regulations , Part 21, as they may be amended from time to time, (hereinafter refer- red to as the Regulations ) , which are herein incorporated by reference and made a part of this contract. Section 2. Nondiscrimination. The Consultant , with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant ANK shall not participate either directly or indirectly in the discrimination prohibited by section 21. 5 of the Regulations , including employment practices when the contract covers a program set forth in Appendix "B" of the Regulations . Section 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment . In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract , including procure- ments of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant 's obligations under this cotract and the Regula- tions relative to nondiscrimination on the grounds of race, color, or national origin. Section 4. Information and Reports . The Consultant shall provide all information and reports rquired by the Regulations or directives issued pursuant thereto and shall permit access to its books , records , accounts , other sources of information, and its facilities as may be determined by the City or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations , orders , and instructions . Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this infor- mation, the Consultant shall so certify to the City of the FAA, as appropriate , and shall set forth what efforts it has made to obtain the information . Section 5. Sanctions for Noncompliance. In the event of the Consultant ' s noncompliance with the nondiscrimination provisions -3- of this contract , the City shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to -- (a) withholding of payments to the Consultant under the contract until the contractor complies , and/or (b) cancellation , termination, or suspension of the contract , in whole or in part. Section 6. Incorporation of Provisions . The Consultant shall include the provisions of Article X Sections 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the City or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction , the Consultant may request the City to enter into such litigation to protect the interests of the City and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States . ARTICLE XI . MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES. Section 1. Policy. It is the policy of the Department of Transportation that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to parti- cipate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement. Section 2. MBE Obligation. The Consultant agrees to ensure that minority business enterprises as defined in 49 CPR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and per- form contracts . Contractors shall not discriminate on the basis of race, color, national origin or sex in the award and perfor- mance of DOT assisted contracts . ARTICLE XII . NONASSIGNABILITY. The services to be performed under this Agreement shall not be assigned, sublet , or transferred without the written approval of the City. ARTICLE XIII . MONITOR AND AUDIT. The Consultant agrees to submit to audit at reasonable times by the City and the authorized representative of the Federal Aviation Administration , the Comptroller General of the United States , or any of the duly authorized representatives shall have access to any books , documents , papers , and records of -4- Consultants which are directly pertinent to a specific grant program, for the purpose of making audits , examinations , excerpts , and transcriptions . City shall require Consultant to maintain all required records for three years after the City makes final payment and all other pending matters are closed. Consultant further agrees to permit monitoring by the City, its staff, and appropriate representatives and to comply with such reporting procedures as may be established by the City. ARTICLE XIV. TRAVEL. There will be no travel expenses paid within the city limits . Any additional travel outside the city limits must have prior approval of the City to be eligible for reimbursement. ARTICLE XV. COMPLIANCE WITH LAWS. The Consultant agrees to comply with all Federal, State and Local laws and ordinances applicable to the execution of the work covered by this Agreement. ARTICLE XVI. OWNERSHIP OF DRAWINGS AND CONTRACT DOCUMENTS. Original documents, such as tracings , plans, specifications , maps, basic survey notes and sketches , charts, computations, and other data prepared or obtained under the terms of the contract. are instruments of service and will remain the property of the Consultant. Reproducible copies of drawings and copies of other pertinent: data should be made available to the sponsor upon request. ARTICLE XVII. GOVERNING LAW. This Agreement shall be interpreted under and governed by the laws of the State of Missouri. ARTICLE XVIII. DISPUTES AND REMEDIES. Except as this Agreement otherwise provides, all claims, counterclaims, disputes and other matters in question between the City and the Consultant arising out of or relating to this Agreement or breach of it will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State of Missouri. ARTICLE XIX. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, broker- age or contingent fee , excepting bona fide employees of the Consultant for the purpose of securing business . For breach or violation of this warranty the City shall have the right to annul this contract ® without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. -5- IN WITNESS WHEREOF, said parties have caused this Agreement to be signed by their duly authorized officers. ATTEST: City of Jefferson, Missouri -qf 'fflxa� J City Clerk Mayor ATTEST: ANCO Testing Laboratory, Inc. Vice President President & Owner Appendix "A" SCOPE OF WORK ® The Consultant will provide and furnish: 1. A soils technician with a minimum of two years experience in soils testing to perform required field test. 2. A laboratory to perform required laboratory test . 3. All necessary equipment and supplies to perform required soils test. All soil density test will be performed with a nuclear meter., except for tests made by sandcone method. The Consultant will perform the minimum tests as outlined in Part IV A. 1. , 2. , and 3 of the attached FAA Consulting Engineer Services Specifications , and shall comply with the Contract Documents for Jefferson City Memorial Airport, AIP Project 3-29-0036-02, prepared by R.F. Verslues & Associates , Inc. , and incorporated herein by reference. The Consultant will perform additional test as required by the resident engineer/inspector and advise the resident engineer/ inspector of the results . PROJECT SCHEDULE - The General Contractor, Twehous Excavating, Inc. has sixty (60) working days to complete the Extension Project. The Consultant will schedule testing as necessary to comply to the General Contractors schedule. Estimated Notice to Proceed is September 21, 1983. CONSULTING ENGINEER SERVICES FOR RESIDENT PROJECT ENGINEER ON PAVING PROJECTS 1 Part I, Scope: The consulting engineer shall provide all services for inspection of the construction of ADAP Project No. , (Title) - 4 for the City of (or Airport Authority) , State of The airport is located miles • (South, North, East, west) of the City of on Highway (Road) The project plans and specifications will become a part of this contract. part II, Personnel and Equipment: A building suitable for a field office .and a laboratory if a laboratory is required, will be provided-by the sponsor or the contractor as indicated in the specifications. The remainder of the equipment required for surveying, material testing and other equipment required to accomplish inspection surveillance for the project will be provided by the consulting engineer providing the resi- dent engineering services for the project. A resident engineer/inspector shall be provided on the project site at all times during construction of the project. The resident engineer/in- spector shall have at least 5 years experience in the related field for which he is providing the inspection service. The resident engineer/in- Spector shall supervise the additional personnel required to provide inspection and material testing services for the project. He will have authority to make decisions regarding the project, subject to approval of the sponsor/owner and the FAA. Other required personnel will be listed in the appropriate sections hereinafter. Part III, Surveying: The surveying included in this portion of the engi- neering agreement is for construction of the project. However, all field notes and data collected during design will be available to the resident engineer regardless of who designs the project. The survey shall con- sist of a minimum of three people comprised of a party chief/instrument man, head chairman and rear chairman. The party chief/instrument man shall have a minimum of five years experience in the field of surveying. The resident may fill this position if he is qualified. The head chairman shall have at least 3 years experience in the field of surveying. The rear chairman shall have at least a working knowledge in the field of surveying. Unless otherwise specified in the contract documents, the contractor shall be responsible for horizontal layout and vertical control for the project. The sponsor's survey personnel shall not be emplpyed by the contractor. In the event that the sponsor is responsible /for horizontal layout and vertical control, the survey party shall recheck after com- pletion of the subgrade, subbase, base course and surface course layers. Otherwise, the surveying party shall be responsible for checking hori- zontal alignment and vertical control for compliance to the plans and for taking original and final cross sections for computing final pay quantities. 2 '! Part IV, Construction Inspection: Again the resident engineer/in- . Spector shall have a minimum of five years experience in the major Items of construction which would normally consist of excavation and embankment, bituminous and Portland cement concrete paving, and airfield lighting. A different resident engineer/inspector may be used for each phase of work. The duties of the inspection force are outlined hereinafter. A. Subgrade, Subbase and Base Course Construction. 1. Personnel: The Consulting Engineer shall provide one labora- tory technician with a minimum of two gears experience in soil testing. It will be the responsibility of the technician to test the materials in the subgrade for compliance to the specifications and advise the resident engineer/inspector of the results. The resident engineer/inspector can be the technician for this phase of work. 2. Laboratory: The -Consulting Engineer furnishing the inspection service shall provide the Laboratory unless it is indicated in the project specifications that it is provided by others and all equipment required to test the materials. 3. Required Tests: a. Embankment and subgrade. (1) Density and Moisture - One per layer for each 1,000 CY. (2) Soil Classification - One soil classification test for each color and texture change and at least one test for each 10,000 square yards for the top two feet of subgrade. A soil classification test shall consist of a grain size analysis anal Atterburg limits. b. Subbase and Base Course. (1) Quality Test - Gradation, L.L., P.I., soundness and abrasion tests will be required for aggregates used In subbase and base course construction unless the aggregate source has been tested in the last year and meets the. project specification. If the aggregate meets the project specifications, then the Ponsulting Engineer shall provide copies 'of the tests,, 3 ►, (2) Construction Tests - Gradation L.L., P.I. , Density and Moisture tests and layer thickness - one per layer for each 500 C.Y. When frost is anticipated and there is a possibility of the material used in the construction of these layers exceeding the limit of 3% smaller than .02 mm. size then the hydrometer test shall be run on the material in accordance with AASHTO T 88-72. B. Bituminous Paving Inspection. 1. Personnel: The Consulting Engineer shall provide a minimum of three people for asphalt paving operations any day that it is anticipated that over 50 tons of asphaltic concrete will be produced. When less than 50 tons are produced, then at least the resident engineer shall be on site. The person- nel shall consist of a Laydown Inspector and two Laboratory Technicians. a. Laydown Inspector - The laydown inspector shall have a minimum of 5 years experience as a asphaltic concrete laydown inspector. If the resident engineer/inspector qualifies, then he can serve as laydown inspector. The duties of the laydown inspector is to inspect the lay- s down operation for compliance to the project specifica- tions. In the event the contractor fails to comply with ? the specifications, then the inspector shall notify the resident engineer immediately. The laydowa inspector shall inspect the paving equipment prior to paving opera- tions for performance and compliance to specifications. e b. Chief Laboratory Technician - The Chief Laboratory Technician shall have at least 5 years experience in the field of asphaltic concrete laboratory services and/or shall be a certified laboratory technician in asphaltic concrete testing. The resident engineer/in- spector may fill this position if he qualifies. However, the resident engineer/inspector can only fill one posi tion. It shall be the luty of the chief laboratory technician to run or supervise all tests required by the project specifications or this document for compliance to the project specifications. In the event materials do not meet project specifications, the chief laboratory technician shall notify the resident engineer'/inspector immediately. Appendix "B" d,,"ou"o�ti �r r�V T � ANCOTESTING LABORATORY, INC./ ST LOUIS,M083STREET,P.O.BOX 12223 • 314.241-0023 February 11, 1983 Anco Testing Laboratory, Inc. 2921 East McCarty Street Jefferson City, Missouri 65101 Attention: Mr. William Philbert Gentlemen: We are pleased to submit the following schedule of rates for testing laboratory services, effective January 1, 1983, which may be required by various project specifications. MINIMUM BILLING: $16.00 MINIMUM MILEAGE PER TRIP: $4.00 TERMS: Net 30 days 1-1/2% per month service charge on past due account. SOIL TESTS Maximum Density - Optimum Moisture Tests Standard Method $138.00 Modified Method $153.50 Sampling Soil $ 23.50/hour "AO 1e� Relative Density $153.50 X'4i � g�C/8'3 In Place Density Tests $23.50/hour + $.40/mile' (8:00 AM to 4:30 PM) $35.25/hour + $.40/mile (Before 8:00 AM and after 4:30 PM) ASPHALTIC CONCRETE PAVING TESTS Asphalt Concrete Density, Stability and Flow Tests $ 45.50 per sample Asphaltic Concrete Extraction Tests $142.00 per sample Job-Mix Formula Quality of Aggregate Tests $275.00 per size Job Mix Formula $262.50 each ASPHALT PLANT INSPECTION AND/OR ON SITE INSPECTION $23.50/hour + $.40/mile (8:00 AM to 4:30 PM) $35.25/hour + $.40/mile (Before 8:00 AM and after 4:30 PM) � t�OIIM C ~ A .%MOI.thO p MM- ANCOTESTING LABORATORY, INC./ ST LOUIS,M083 STREET.P.O.BOX 12223 • 314.241.025 Page No. 2 CONCRETE TESTS Coarse and Fine Aggregate Tests Sieve Analysis (Coarse - Fine) $24.50 each Soundness Test (5 Cycle) $167.00 each Mashed Gradation 31.00 each Los Angeles Abrasion 153.50 each Specific Gravity 24.50 each Alkali Reactivity 500.00 each Weight per Cubic Foot 24.50 each Coal and Lignite 29.00 each Soft Particles 29.00 each Minus 200 32.50 each CONCRETE MIX DESIGNS Laboratory Trial Batch Method $153.50 (Includes standard aggregate tests and six (6) proof cylinders) Laboratory Trial Batch by 3 point water/cement ratio method $385.00 each Note: Field Trial Batch Method beyond local (25 mile radius) area- unit price will be _furnished upon request. CONCRETE COMPRESSIVE STRENGTH TESTS Cylinder Cast on Site $ 8.00 each Cylinder Molds 1.30 each Concrete Cores 23.50 each Concrete Beams 21.00 each Spare Cylinders 6.50 each Mortar Cubes 6.00 each Absorption Tests 30.00 - 35.00 /, Test FIELD SERVICES Make Slump, Air Test and Cylinders $23.50/hour + $.40/mile (8:00 AM to 4:30 PM) $35.25/hour + $.40/mile (Defore 8:00 AM and after 4:30 PM) CONCRETE PLANT AND SITE INSPECTION $23.50/hour + $.40/mile (8:00 AM to 4:30 PM) $35.25/hour + $.40/mile (Before 8:00 AM and after 4:30 PM) MASONRY MORTAR TESTS Masonry Mortar Mix A Grout Mix $132.00 each Mortar or Grout Cubes 6.00 each 2 Course Masonry Unit Prism Tests 66.00 each prepared by ma onry contractor) Course Prism gists - Grouted 300.00 each prepared by masonry contractor) Unit prices for face brick and concrete masonry unit tests will be quoted on request. Fmmc A ANCOTESTING LABORATORY, INC./ ST.LOUIS,MO ITHS5REET,P.O.BOX 12223 • 314.241.0525 Page No. 3 STRUCTURAL STEEL INSPECTION Shop Inspection - $23.50/hour + $.40/mile (8:00 AM to 4:30 PM) $35.25/hour + $.40/mile (Before 8:00 AM and after 4:30 PM) Field Inspection - $31.50/hour + $.40/mile (8:00 AM to 4:30 PM) $47.50/hour + $.40/mile (Before 8:00 AM and after 4:30 PM) Non-Destructive Testing Ultrasonic Tests Shop Inspection - $45.00/hour + $.40/mile (8:00 AM to 4:30 PM) $67.50/hour + $.40/mile (Before 8:00 AM and after 4:30 PM) Field Inspection - $53.00/hour + $.40/mile (8:00 AM to 4:30 PM) $79.50/hour + $.40/mile (Before 8:00 AM and after 4:30 PM) Magnetic Particle or Dye Penetrant Tests Shop Inspection - $39.00/hour + $.40/mile (8:00 AM to 4:30 PM) $58.50/hour + $.40/mile (Before 8:00 AM and after 4:30 PM) Field Inspection - $48.00/hour + $.40/mile (8:00 AM to 4:30 PM) $72.00/hour + $.40/mile (Before 8:00 AM and after 4:30 PM) WELDING OPERATOR QUALIFICATION AND INSPECTION $23.50/hour + $.40/mile (8:00 AM to 4:30 PM) $35.25/hour + $.40/mile (Before 8:00 AM and after 4:30 PM) $15.50 per coupon guided bend tests. (Does not include Machining Costs) $33.50 per plate - Radiographic X-Ray PICK UP OR DELIVERY SERVICES $20,00/hour + $.40/mile (8:00 AM to 4:30 PM) $30.00/hour + $.40/mile (Before 8:00 AM and after 4:30 PM) Note: We do not have a minimum day or half day rate, but are on a time used basis only. The above prices apply to all standard tests and services only. Any tests requiring special equipment or personnel will be quoted on an individual basis. Respectfully submitted, John T. Anderson ANCO TESTING LABORATORY, INC. JTA:th 4-Arco of Jefferson City A rd.N01 /Nqy'. ANCOTESTING LABORATORY, I C./ ST LOUIS SOUTH 7TH SyTREET.P.O.BOX 12223 • 31/.241.0325 PERSONNEL QUALIFICATIONS AND EXPERIENCE KEY PROJECT PERSONNEL William L. Philbert Certified by Soil Test, Inc. to perform all soil testing procedures and has over four years experience in same. Following are listed some of the area airports where recent soil testing was performed and overseen by Mr. Philbert: Army Aviation Support Facility Macon-Fower Airport Omar G. Bradley Airport, Moberly, Missouri Columbia Regional Airport