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.
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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.
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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
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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
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