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HomeMy Public PortalAboutORD10188 BILL NO. � ° SPONSORED BY COUNCILMAN . ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH HORNER AND SHIFRIN, INC. FOR PROFESSIONAL SERVICES FOR THE ISSUANCE AND SALE OF $600,000 SEWER REVENUE BONDS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a contract with Horner and Shifrin, Inc. for professional services for the issuance and sale of $600,000 sewer revenue bonds for the sum of not more than $9700 .00. 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 5- 7 -94 Approved - � I r s id ' g .Officer M o ATTEST: City C1 rk CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES ® IN CONJUNCTION WITH ASSISTANCE WITH SEWER REVENUE BOND SALE AND OTHER SERVICES FOR THE CITY OF JEFFERSON, MISSOURI AGREEMENT THIS AGREEMENT, made this '� 9 9 day of -V14 , 1984, by and between Horner & Shifrin Inc. Desi n En ineers Archit cts, hereinafter referred to as the "Engineer" and the City of Jefferson, Missouri, hereinafter referred to as the "Owner." WITNESSETH: WHEREAS, the Owner proposes to sell by competitive bidding $600,000 of Sewer Revenue Bonds, WHEREAS, the Owner has selected the Engineer to assist the Owner by providing certain services as hereinafter described in conjunction with the project, and WHEREAS, the Engineer is willing to perform services under the terms and conditions hereinafter stated. Admk qr NOW, THEREFORE, for the conditions set forth hereinafter, the parties agree as follows: ARTICLE I - SCOPE OF SERVICES A. Basic Services The following basic services shall be provided by the Engineer. 1. Consultation with Charles & Trauernicht, Owner's Bond Counsel, to set up a bond amortization schedule. This amortization schedule shall be subject to Owner's review and comment. 2. Determination of outline of information to be included in the official Statement for the bond sale brochure. This outline shall be discussed with Charles & Trauernicht, Bond Counsel, to get preliminary concurrence that the outline provides the data necessary to meet the legal requirement for the bond sale. 3. Prepare written text for the Bond Brochure. B. Additional Services The Owner may furnish certain data to be included in the Bond Brochure or request the Engineer to provide some or all of the service to develop the data • by utilizing the City's records and other sources of information, e.g. 1. Present expenses and revenue with appropriate breakdown of each. 2. Projection of future expenses and revenue based on present rates. -1- 3. Projection of rate increase, if necessary, to make bonds saleable. 4. Financial condition of sewer system to indicate "full disclosure" of significant facts for at least the previous five years. 5. Other data to present in the Bond Brochure that is deemed appropriate and of interest to bidders. 6. Mailing of Bond Brochure to potential bidders. 7. Providing services in conjunction with public meetings, hearings, Council Meetings, or other activities involving dissemination of information about the proposed Bond Sale. 8. Providing other services not otherwise specifically provided for in this Agreement, including services normally furnished by the Owner as described in Article II, "Owner's Responsibility." C. Publication of Bond Brochure If authorized by the Owner, the Engineer shall provide the following services. 1. Printing of 100 copies of the Bond Brochure. 2. Services in conjunction with proof reading and formatting Bond Brochure. ARTICLE II - OWNER'S RESPONSIBILITY The Owner shall: . 1. Provide full information as to the Owner's requirements for the Project. 2. Assist the Engineer by placing at his disposal all available information pertinent to the project including previous reports and any other data relative to the Project. 3. Examine all studies, reports, proposals, and other documents presented by the Engineer, and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Engineer. 4. Provide such legal, accounting, cost estimating, and auditing data as may be required to be developed and to provide data for the Bond Brochure which the Owner does not request the Engineer to provide. 5. Provide the service of a competent Bond Counsel: to prepare resolutions and ordinances for the City to enact as may be required to sell bonds; to render a legal opinion on the bond sale; to review the contents of the Bond Brochure as it is prepared; and to . consult with the Engineer in the preparation of the Bond Brochure. -2- ARTICLE III - TIME OF PERFORMANCE ® 1. The provisions of this Article and the various rates of compensation for the Engineer's services provided for in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project and that the authorization to proceed with the services included in Article I will be issued within thirty days of the date of this contract. The Engineer's obligation to render services hereunder will extend for a period which may reasonably be required to provide the services. 2. If the Engineer's services for the Project are delayed or suspended in whole or in part by the Owner or governmental authorities for more than two months for reasons beyond the Engineer's control, the Engineer shall on written demand to the Owner (but without termination of this Agreement) be paid for work accomplished as provided in Article IV. If such delay or suspension extends for more than three months for reasons beyond the Engineer's control, the payments and various rates of compensation provided for in Article IV shall be subject to renegotiation. 3. Services will be provided by the Engineer in accordance with the following schedule: Services included in Article I, Section A, will be completed in 45 calendar days after authorization to proceed. Services .included in Article I, Section B and Section C, will be completed in 120 consecutive calendar days following the authorization to proceed. Services to be provided under this agreement will be provided and completed as indicated above, except that no services will be provided after a date 6 months from the date of this contract without written consent of both parties. ARTICLE IV - FEES AND PAYMENT The Owner will pay the Engineer in accordance with the provisions of this Article. The Engineer will submit periodic statements not more frequently than once a month requesting payment. Such statements shall be based upon the amount and value of services provided and expenses incurred by the Engineer to the date of the statement and shall be supplemented or accompanied by such supporting data as may be required by the Owner. Upon the Owner's approval of each statement, the Owner shall make payment to the Engineer as soon as practicable. After thirty days, unpaid statements shall be considered to be delinquent. If the Owner fails to make payments due to the Engineer for services and expenses within sixty days after receipt of the Engineer's statment, the ® amounts due the Engineer shall include a charge at the rate of 1.0 percent per month from the thirtieth day after the billing date and in addition, the Engineer may, after giving seven days' written notice to the Owner, suspend -3- services under this Agreement until he has been paid in full all amounts due ® him for services and expenses. Payment for the professional services as defined in Article I shall be made to the Engineer by the Owner on the following basis: Charges for services shall be the sum of charges for labor plus out-of-pocket expenses. Charges for labor shall be defined as the Engineer's standard salary costs (direct labor plus labor overhead) times 2.0 to cover administrative overhead and profit. Out-of-pocket expenses shall include actual cost for travel expenses outside the St. Louis Metropolitan area, toll telephone calls, subsistence, printing, reproduction costs, and other direct costs of the Engineer other than labor times a multiplier of 1.05. Payment for professional services as defined in Article I - Section A, Basic Services, shall not exceed $3,000.00. Payment for the professional services as defined in Article I - Section B, Additional Professional Services, will depend on the amount of services requested by the Owner. It is anticipated that the charges for the services requested by the Owner shall be not less than $1,000.00, and shall not exceed $5,000.00. Payment for the services as defined in Article I - Section C, Publishing of Bond Brochure, shall not exceed $1,700.00. IN WITNESS WHE OF, the parties hereto have affixed their hand and seals this -_- of 1984. ATTEST: (SEAL) City of Jefferson, Missouri By ZG By — _� _ Title Ti e ATTEST: (SEAL) Horner & Shifrin, Inc. Design E gineers/Architects By B / u.aaca� Title — Title F.E.I.N. 43-0861661 Federal Employer's Iden(c ficat on Pun r -4-