HomeMy Public PortalAboutORD10160 BILL NO. 9
SPONSORED BY COUNCILMAN
ORDINANCE NO. JD�(rjD
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH LARKIN &
ASSOCIATES FOR PROFESSIONAL SERVICES REGARDING INSPECTION OF THE
NORTH TEN MILE DRIVE PROJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute a contract with Larkin & Associates for
professional engineering services regarding inspection of the
North Ten Mile Drive Project for the sum of $35, 000.
Section 2. The contract shall be substantially the same in
form and content as that contract attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect
from and after the date of its passage and approval.
Passed Approved
�, 7�
Pr idin ficer ay r
ATTEST:
City Clerk
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FAU M-3112(501)
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
THIS CONTRACT, hereinafter called the "AGREEMENT," made at
Jefferson City, Missouri, this �V day of ')'lp^,��y , 19 84 , by
and between the CITY OF JEFFERSON, MISSOURI , a municipal
corporation with offices at 320 East McCarty Street, Jefferson City, Missouri,
65101, hereinafter called the "CITY" and LARKIN& ASSOCIATES, a partnership of
registered professional engineers consisting of Robert A. Van Wye, Glenn C. Gray,
Wallace W. Beasley, Robert W. Lamberton, Kenneth J. Vaughn, David V. Owsley
and James E. McClanahan, with offices at 9233 Ward Parkway, Kansas City,
Missouri 64114, hereinafter called the "CONSULTANT."
WITNESSETH, that whereas the Federal Highway Administration has
accepted the below named work for inclusion in the Federal Aid Urban Program:
North Ten Mile Drive from U.S. Highway 50 to Missouri
Route 179
® AND WHEREAS the CONSULTANT has prepared for the CITY, Plans
and Specifications and other construction contract documents for the PROJECT,
AND WHEREAS the CITY intends to enter into a contract for the
construction of the PROJECT,
AND WHEREAS the CITY is authorized and empowered to contract
with the CONSULTANT for engineering services during construction of the
PROJECT,
AND WHEREAS necessary funds for payment of said services are
available,
NOW THEREFORE, the CITY hereby hires and employs the CONSUL-
TANT in accordance with the following AGREEMENT:
PART A - DEFINITIONS:
The following definitions shall apply to this AGREEMENT:
(1) "Contract" or "Contract Documents": The Plans and Project
Manual for the PROJECT, both titled North Ten Mile Drive (Hwy.
50 to Hwy. 179); and all other documents as defined and listed in
the Regulations of the.Contract and in the Specifications included
in said Project Manual.
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FAU M-311 2(501)
(2) "Owner" "Purchaser" or 'Party of the First Part": As defined in
said egu ations at the Contract. "CITY" as defined in this
AGREEMENT.
(3) "Contractor": The Contractor for construction of the PROJECT,
as defined in said Regulations of the Contract.
(4) "Subcontractor": As defined in said Regulations of the Contract.
(5) "En ineer": As defined in said Regulations of the Contract.
"CONSULTANT" as defined in this AGREEMENT.
(6) "Resident Project Representative"-* "Construction Representa-
tive" or "Project Representative" as defined in said Regulations of
the Contract.
(7) "CitxEnginee=": A full-time CITY-employed engineer, designated
by the CITY, in responsible charge of administering the construc-
tion of the PROJECT.
PART B - BASIC CONSTRUCTION ENGINEERING SERVICE:
During the PROJECT construction phase the CONSULTANT shall furnish the
following services in accordance with the following conditions:
(1) Consult with and advise CITY and act as its representative
under the direction of the City Engineer as provided in
said Regulations of the Contract. The extent and limi-
tations of the duties, responsibilities and authority
of the CONSULTANT as assigned in said Regulations of
the Contract shall not be modified without CONSULTANT'S
written consent. All of CITY'S instructions to Contractor
will be issued through CONSULTANT who will have authority
to act on behalf of CITY to the extent provided in said
Regulations of the Contract except as otherwise provided
in writing. CITY may give instructions directly to
Contractor in event of emergency.
(2) Make periodic visits to the site to observe as an experienced
and qualified design professional the progress and quality
of the executed work and to determine in general if the work
is proceeding in accordance with the Contract Documents.
The CONSULTANT shall not be required to make exhaustive
or continuous on-site inspections to check the quality or
quantity of work. The CONSULTANT shall not be responsible
for the means, methods, techniques, sequences or procedures
of construction selected by Contractor or the safety pre-
cautions and programs incident to the work of Contractor. i
e The CONSULTANT'S efforts will be directed toward providing
assurance for CITY that the completed PROJECT will conform
to the Contract Documents, but the CONSULTANT shall not be
responsible for the failure of Contractor to perform the
construction work in accordance with the Contract Documents.
During such visits and on the basis of his on-site observa-
tions the CONSULTANT shall keep informed of the progress
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FAU M-3112(501)
•
of the work, shall endeavor to guard CITY against defects
and deficiencies in the work of Contractor and may
disapprove or reject work as failing to conform to the
Contract Documents.
(3) Review and approve shop drawings (as that term is defined
in said Regulations of the Contract), samples and certifi-
cations, the results of tests and inspections and other
data which Contractor is required to submit, but only
for conformance with the design concept of the PROJECT and
compliance with the information given in the Contract Docu-
ments; determine the acceptability of substitute materials
and equipment proposed by Contractor; and receive and review
(for general content as required by the Contract Documents)
maintenance and operating instructions, schedules, guarantees,
bonds and certificates of inspection which are to be assembled
by Contractor in accordance with the Contract Documents.
(4) Issue all instructions of CITY to Contractor; prepare routine
change orders as required. The CONSULTANT may, as CITY'S
representative, require special inspection or testing of the
work. The CONSULTANT shall act as interpreter of the
requirements of the Contract Documents and judge of the perfor-
mance thereunder by the parties thereto and shall assist the City
Engineer in making decisions on all claims of CITY and Contractor
relating to the execution and progress of the work and all other
matters and questions related thereto; but CONSULTANT shall not
be liable for the results of any such interpretations or deci-
sions rendered by him in good faith.
(5) Based on his on-site observations as an experienced and
qualified design professional and on his review of the
payment estimates and accompanying data and schedules,
determine the amounts owing to Contractor and recommend
in writing payments to Contractor in such ammounts;
such recommendations of payment will constitute a repre-
sentation to CITY based on such observations and review,
that the work has progressed to the point indicated and
that, to the best of his knowledge, information and belief,
the quality of the work is in accordance with the Contract
Documents (subject to an evaluation of the work as a
functioning PROJECT upon substantial completion, to the
results of any subsequent tests called for in the Contract
Documents, and to any qualifications stated in his approval) ,
but by recommending payment CONSULTANT will not be deemed
to have represented that he has made any examination to
determine how or for what purposes Contractor has used the
moneys paid on account of the contract price, or that title
to any of the Contractor's work, materials or equipment
• has passed to CITY free and clear of any lien, claims,
security interests or encumbrances.
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FAU M-3112(501)
® (6) Conduct an inspection to determine if the PROJECI is sub-
stantially complete and a final inspection to determine
if the PROJECT has been completed in accordance with the
Contract Documents and if the Contractor has fulfilled all
of his obligations thereunder so that CONSULTANT may
recommend, in writing, final payment to the Contractor.
(7) CONSULTANT shall not be responsible for the acts or omissions
of the Contractor, any subcontractor or any of the Contractor's
or subcontractor's agents or employees or any other persons
(except his own employees and agents) at the PROJECT site or
otherwise performing any of the work of the PROJECT.
(8) The work of the CONSULTANT will be under the direct control of
the City Engineer, as defined in Part A herein.
PART C - RESIDENT PROJECT REPRESENTATIVE:
C-1 General:
(1) The CONSULTANT will furnish a Resident Project Representative in
order to provide more extensive representation at the PROJECT site
during construction.
® (2) Through more extensive on-site observations of the work in progress
and field checks of materials and equipment by the Resident Project
Representative, CONSULTANT shall endeavor to provide further protec-
tion for CITY against defects and deficiencies in the work, but the
furnishing of such Resident Project Representative will not make
CONSULTANT responsible for construction means, methods, techniques,
sequences or procedures or for safety precautions or programs.
(3) With the assistance of CITY personnel the Resident Project Represent-
ative will perform the necessary construction staking as set forth in
the Project Manual. The CITY will furnish necessary survey equipment
and staking material.
(4) Resident Project Representative is CONSULTANT'S agent and will act as
directed by and under the supervision of CONSULTANT. He will confer
with CONSULTANT regarding his actions. His dealings in matters per-
taining to the on-site work shall be with CONSULTANT and Contractor.
His dealings with subcontractors shall only be through or with the
full knowledge of Contractor or his superintendent. He will generally
communicate with CITY, property owners along the work, utility agencies
and others in connection with the work as directed by CONSULTANT.
C-2 Duties and Responsibilities:
® Resident Project Representative will:
(1) Schedules: Review the progress schedule and any other schedule
prepared by Contractor and consult with CONSULTANT concerning
their acceptability.
FAU M-3112(501)
(2) Conferences: Attend preconstruction conferences. Arrange a
schedule of progress meetings and other job conferences as
required in consultation with CONSULTANT and notify those
expected to attend in advance. Attend meetings, and maintain
and circulate copies of minutes thereof.
(3) Liaison:
r
Ta) Serve as CONSULTANT'S liaison with Contractor, working
principally through Contractor's superintendent and
assist him in understanding the intent of the Contract
Documents. Assist CONSULTANT in serving as CITY'S
liaison with Contractor.
(b) As requested by CONSULTANT, assist in obtaining from
CITY additional details or information, when required
at the job site for proper execution of the work.
(4) Shop Drawings, Samples and Certifications:
(a) Receive and record date of receipt of shop drawings,
samples and certifications which have been approved
by CONSULTANT.
® (b) Receive samples which are furnished at the site by
Contractor for CONSULTANT'S approval, and notify
CONSULTANT of their availability for examination.
(c) Advise CONSULTANT and Contractor or his superintendent
immediately of the commencement of any work requiring
a shop drawing, sample submission or certification
if the submission has not been approved by CONSULTANT.
(5) Review of Work, Rejection of Defective Work, Inspections and Tests:
(a) Conduct on-site observations of the work in progress to
assist CONSULTANT in determining that the PROJECT is
proceeding in accordance with the Contract Documents and
that completed work will conform to the requirements of
the Contract Documents. .
(b) Report to CONSULTANT and Contractor whenever he believes that
any -work is unsatisfactory, -faulty or defective or does not con-
form to the requirements of the Contract Documents, or
does not meet the requirements of any inspections, tests
or approval required to be made; and advise CONSULTANT
and Contractor when he believes work should be corrected
or rejected or should be uncovered for observation, or
requires special testing or inspection.
FAU M•3112(5011)
(c) Verify that tests, equipment and system startups and
operating and maintenance instructions are conducted
as required by the Contract Documents and in presence
of the required personnel, and that Contractor main-
tains adequate records thereof; observe, record and
report to CONSULTANT appropriate details relative to
the test procedures and startups.
(d) Accompany visiting inspectors representing public or
other agencies having jurisdiction over the PROJECT,
record the outcome of these inspections and report to
CONSULTANT.
(6) Intrepretation of Contract Documents: Transmit to Contractor
the CONSULTANT'S clarifications and interpretations of the
Contract Documents.
(7) Modifications: Consider and evaluate Contractor's suggestions
for modifications in Plans or Specifications and report them
with recommendations to CONSULTANT.
(8) Records:
® (a) Maintain at the job site orderly files for correspondence,
reports of job conferences, shop drawings, sample. sub-
missions and certifications, reproductions of original
Contract Doctments including all addenda, change ordeTs,
field orders, additional drawings issued subsequent to
the execution of the Contract. CONSULTANT'S clarifications
and interpretations of the Contract Documents, progress
reports, and other PROJECT related documents.
(b) Keep a diary or log book, recording hours on the job site,
weather conditions, inspections, measurements for payment,
data relative 'to questions of extras or deductions, list of
visiting officials, daily activities; decisions, observations
in general and specific observations in more detail as in the
case of observing test procedures.
(c) Record names, addresses and telephone numbers of Con-
tractor, subcontractors and major suppliers of equipment
and materials.
(9) Reports:
(a) Furnish CONSULTANT periodic reports as required of progress
of the work and Contractor's compliance with the approved
progress schedule.
(b) Consult with CONSULTANT in advance of scheduled major
tests, inspections or start of important phases of the
work.
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FAU M-3112(501)
(10) 'Payment 'Estimates: Make measurements for payment and prepare
monthly and final payment estimates for review of CONSULTANT
and Contractor. Forward payment estimates to CITY and Con-
tractor upon approval by CONSULTANT.
(11) Guarantees, Certificates, Maintenance and Operation Manuals:
During the course of the work, verify that guarantees, certifi-
cates, maintenance and operation manuals and other data required
to be assembled and furnished by Contractor are applicable to
the items actually installed; and deliver this material to
CONSULTANT for his review and forwarding to CITY prior to final
acceptance of the PROJECT.
(12) Completion•
(a) Before CONSULTANT issues a certificate of substantial
completion, submit to Contractor a list of observed
items requiring correction.
(b) Conduct final inspection in the company of CONSULTANT,
CITY and Contractor and prepare a final list of items
to be corrected.
(c) Verify that all items on final list have been corrected
and make recommendations to CONSULTANT concerning
acceptance.
C-3 Limitations of Authority:
Except upon instructions of CONSULTANT, Resident Project Representative:
(1) Shall not authorize any deviation from the Contract Documents
or approve any substitute materials or equipment.
(2) Shall not undertake any of the responsibilities of Contractor,
subcontractors or Contractor's superintendent.
(3) Shall not expedite work for the Contractor.
(4). Shall not advise on or issue directions relative to any aspect
of the means, methods, techniques, sequences or procedures of
construction unless such is specifically called for in the
Contract Documents.
(S) Shall not advise on or issue directions as to safety precautions
and programs in connection with the work.
(6) Shall not authorize CITY to occupy the PROJECT in whole or in
part.
(7) Shall not participate in specialized field or laboratory tests.
FAU M-3112(501)
PART D - RECORD PLANSt
The CONSULTANT will revise the original tracings of the Plans to show
those changes made during the construction process, based on the marked-up
prints, drawings and other data furnished by the Resident Project Representative
to the CONSULTANT, which CONSULTANT considers significant. After comple-
tion of the PROJECT and the making of such revisions, the tracings will be
delivered to the CITY.
PART E - OWNERSHIP OF DOCUMENTSs
Following acceptance of the PROJECT by the CITY and completion of
the record plans, the record plans, original staking notes, and all invoices, weight
tickets and receipts pertaining to the PROJECT shall become the property of the
CITY. The CONSULTANT may, at his option, copy and record information and
retain it for his records.
PART F - COMPENSATION:
F-I Method of Com ensation: Compensation for services described in
this contract shall e on the basis of actual hourly salaries plus a
percentage plus direct expenses.
as For the Resident Project Representative compensation would be
at the rate of the actual hourly salary paid the Resident Project
Representative for time actually worked on this project plus 30%
of that amount to cover payroll additives and administration.
b. For trips by other personnel, consultation during construction, and
preparation of record plans, compensation would be at the rate of
the actual hourly salary of the personnel involved for time
actually charged to the project plus 160% of that amount to cover
payroll overheads, general and administrative overheads and pro-
fit.
c. For direct expenses including transportation compensation will be
at cost. Transportation will be charged at $0.22 per mile.
d. The maximum amount of these payments authorized by this
contract is Thirty-f ive Thousand Dollars($35,000).
e. This contract is predicated on providing Resident Project Repre-
sentation and consultation for a 120 working day construction
contract as set forth in the construction contract Proposal.
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FAU M-3112(50 1)
F-2 Supplemental Agreements: Compensation for major changes in
scope, character or complexity of the work, for undue delay of the
PROJECT through no fault of the CONSULTANT, shall be by supple-
mental agreements. Supplemental agreements shall be signed by the
CITY and CONSULTANT.
Undue delay is defined as that caused by a greater construction time
than set forth in the construction contract or suspension of the
construction work, if through no fault of the CONSULTANT.
F-3 Method of Payment: Upon receipt, review and approval of properly
documented statements the CITY will make monthly payments to the
CONSULTANT in accordance with the compensation as specified in this
AGREEMENT.
PART G - OBLIGATIONS OF CITY:
The CITY, at its own expense, will provide the following:
(1) Make available to the CONSULTANT all existing records, maps,
plans and other data possessed by CITY when such are necessary,
advisable or helpful to the CONSULTANT in the prosecution of its
work under this AGREEMENT.
12) Non-technical services in connection with compliance with Con-
tract provisions concerning wages paid and equal employment
opportunity. The Resident Project Representative will generally
conduct required interviews in accordance with minimum wage
requirements.
(3) City Engineer as defined in Part A herein.
PART H - SUBLETTING. ASSIGNMENT OR TRANSFER:
The CONSULTANT shall not sublet, assign or transfer any interest in
the work covered by this AGREEMENT except as provided for herein and except
with the prior written consent of the CITY. The use of subcontractors shall in no
way relieve the CONSULTANT from his primary responsibility for the performance
of the work.
If the CONSULTANT desires to subcontract any work he shall do so
only with prior written consent of the CITY.
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FAU M-3112(50 1)
No approval will be necessary for non-professional services such as
reproductions, printing, materials and other services normally performed or pro-
vided by others.
PART I - INSPECTIONS, CONFERENCES AND APPROVALS:
Representatives of the CITY, the Missouri State Highway Department
and the Federal Highway Administration shall have the privilege of inspecting and
reviewing the work being done by the CONSULTANT and advising with him at any
time. Conferences are to be held at the request of any of the above named parties
or agencies.
PART J - TERMINATION OF THE AGREEMENT:
The CITY may cancel this AGREEMENT or any part thereof at any
time by giving written notice to the CONSULTANT at least 15 calendar days prior
to the effective date of the termination. The CONSULTANT shall be paid for the
value of all acceptable work performed prior to the effective date of termination
based on the payment terms of the AGREEMENT. Payment shall not exceed the
total amount encumbered under this AGREEMENT, except as may have been
previously amended in accordance with supplemental agreements.
PART K - COMPLIANCE WITH LAWS:
The CONSULTANT shall comply with all Federal, State and local laws,
ordinances and regulations applicable to the work. He shall secure all licenses,
permits, etc., from public and private sources necessary for the fulfillment of his
obligations under this AGREEMENT.
PART L - COMMISSIONS AND FEES:
The CONSULTANT warrants that he has not employed or retained any
company or person, other than a bona fide employee working solely for the
CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or
agreed to pay any company or person, other than a bona fide employee working
solely for the CONSULTANT, pny fee, commission, percentage, brokerage fee,
gifts, or any other consideration; contingent upon or resulting from the award or
making of this AGREEMENT. For breach or violation of this warranty, the CITY
shall have the right to annul this AGREEMENT without liability, or, in its
discretion, to deduct from the AGREEMENT price or consideration, or otherwise
recover the full amount of such fee, commission, percentage, brokerage fee, gifts,
or contingent fee. See attached Exhibits "D", "E" and "F" incorporated in and made
a part hereof.
FAU M-3112(500
IN WITNESS WHEREOF, the parties hereto have caused this
AGREEMENT to be executed as of the day and year first above written.
CITY OF JEFFERSON, MISSOURI
Tit a Al AVQ2
LARKIN& ASSOCIATES
By
Partner
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