HomeMy Public PortalAboutORD10784 BILL NO. 86-179
SPONSORED BY COUNCILMAN WOODMAN
ORDINANCE NO. /(9 7
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH BLACK & VEATCH,
ENGINEERS-ARCHITECTS , FOR INVESTIGATIONS AND DESIGN OF
IMPROVEMENTS TO SUNSET LAKE.
BE IT ENACTED BY THE 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 Black & Veatch,
Engineers-Architects, for investigations and design of
improvements to Sunset Lake for a sum not to exceed $32,250.
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
�- P esiding Of cer Mayor
, ATTEST:
C.I ty Clerk
CONTRACT FOR ENGINEERING SERVICES
THIS CONTRACT, made and executed in duplicate this-9d day
1981r, by and between the City of Jefferson City, Missouri, herei after cal ed
the City, and Black & Veatch, Engineers-Architects, hereinafter called the
Engineer;
WITNESSETH: That in consideration of the mutual covenants hereinafter
contained, the City hereby agrees to employ the Engineer to perform the
services hereinafter outlined in connection with subsurface investigations and
design of improvements to Sunset Lake, and agrees to pay the Engineer for such
services according to the manner and schedule of compensation herein
contained.
SECTION I - SCOPE OF SERVICES
The Engineer agrees to perform engineering services for the project including
obtaining or providing for subsurface soil investigations, testing and grotmd
water monitoring facilities; preparation of construction drawings and
specifications for dam and lake area clearing, grading, erosion control,
channel improvements, sedimentation traps, outlet facilities and other
renovation improvements required to reactivate Sunset Lake as a storm water
detention facility and preparation for further development of the lake area
into a recreational facility. The Engineer will not perform said services
until notified to proceed by the Public Works Director of the City.
SECTION II - COMPENSATION
For the services covered by this Contract the City agrees to pay the Engineer
as follows:
A. For the services outlined in SECTION I - SCOPE OF SERVICES, the City
agrees to pay the Engineer a fee computed on the basis of twice the
payroll cost for all of the Engineer's personnel, support personnel or
local assistance personnel engaged in the work, plus reimbursement of
expenses directly chargeable to the work as defined in Paragraph B.
Payroll cost is defined as direct salary cost plus 30 percent. It is
mutually understood that the total maximum fee billing for the services
outlined shall not exceed Thirty-Two Thousand Two Hundred Fifty Dollars
($32,250), of which a maximum amount of $5,250 is estimated for
subsurface investigation, testing and monitoring facilities and the
balance is for all other services outlined herein.
B. Reimbursable direct expenses chargeable to the project, which are
included in the maximum fee billing above, are as follows:
1. Travel, subsistence, and incidental costs.
2. Use of motor vehicles on a mileage or rental basis.
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3. Telephone and telegraph costs.
4. Reproduction of project documents.
5. Postage and shipping charges for project related materials.
6. Rental charges for use of equipment, including equipment owned by
the Engineer, not included in overhead costs.
C. The following are reimbursable expenses that are not included in the
maximum fee billing amount stipulated above:
1. Charges of special consultants, except subsurface boring and testing
consultants who are included at cost plus five percent_ (52)a
requested or authorized by the City.
2. Local taxes or fees applicable to the engineering work or payments
therefor.
D. Partial periodic monthly payments shall be made to the Engineer by the
City as follows:
1. The Engineer shall render an itemized monthly statement to the City
for work performed and costs incurred during the preceding month.
2. The monthly installments and current total billings shall not be
disproportionate to work progress as reported by the Engineer.
3. The entire amount due shall be paid each month provided the maximum
billing amount has not been exceeded.
SECTION III - CITY'S RESPONSIBILITIES
The City will furnish, ,as required for the work and not at the expense of the
Engineer, the following items:
A. Property, boundary, easement, right-of-way, topographic, and utility
surveys and property descriptions when such information is required.
B. All maps, drawings, records, audits, annual reports, and other data that
are available in the files of the City and which may be useful in the
work involved under this Contract.
C. Access to public and private property, as necessary, when required to
conduct field investigations.
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SECTION IV - OTHER MATTERS
Ask It is mutually understood and agreed:
A. That reproducibles of tracings and maps prepared or obtained under the
terms of this Contract shall be delivered upon request to and become the
property of the City upon termination or completion of the work. Copies
of basic survey notes and sketches, charts, computations and other data
prepared or obtained under this Contract shall be made available, upon
request, to the City without restrictions or limitations on their use.
When such copies are requested, the City agrees to pay the Engineer its
cost of copying and delivering same.
B. The Engineer shall not sublet, assign or transfer any interest in the
works covered by this Contract except with prior written consent of the
City. The use of subcontractors shall in no way relieve the Engineer
from his primary responsibility for the performance of the work.
No approval will be required for non-professional services such as
reproduction, printing, materials and other services normally performed
or provided by others.
C. The City may cancel this Contract or any part thereof at any time by
giving written notice to the Engineer at least 15 calendar days prior to
the effective date of the termination. The Engineer 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 Contract. Payment shall
not exceed the total amount encumbered under this Contract, except as may
have been previously amended in accordance with supplemental agreements.
It is not contemplated that the Engineer shall have any right of
termination other than for such cause as has been established as
sufficient at law.
D. The Engineer agrees that he will comply with all Federal and State laws
and Federal regulations and directives pertaining to nondiscrimination
on the ground of race, color, or national origin in connection with this
Contract, including procurement of materials and lease of equipment.
E. The Engineer warrants that he had not employed or retained any company or
person, other than a bona fide employee working solely for the Engineer,
to solicit or secure this Contract, and that he has not paid or agreed to
pay any company or person, other than a bona fide employee working solely
for the Engineer, any fee, commission, percentage, brokerage fee, gifts,
or any other consideration, contingent upon or resulting from the award
or making of this Contract. For breach or violation of this warranty,
the City shall have the right to annul this Contract without liability,
or, in its discretion, to deduct from the Contract price or conside-
ration, or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gifts, or contingent fee.
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F. The Engineer and all his subcontractors shall maintain all books,
documents, papers, accounting records and other evidence pertaining to
costs incurred in connection with this Contract, and shall make such
materials available at their respective offices at all reasonable times
during the Contract and for a period of three (3) years following
completion of the Contract.
G. That the Engineer shall not be liable for delays resulting from causes
beyond the reasonable control of the Engineer; that the Engineer has made
no warranties, expressed or implied, which are not expressly set forth in
this Contract; and that under no circumstances will the Engineer be
liable for indirect or consequential damages.
H. That the Engineer will perform any additional work requested by the City
which is not specifically covered in the scope of work as defined herein
at a reasonable fee or compensation to be agreed to between the City and
the Engineer at the time any such service may be required.
I. The services provided for herein shall commence upon receipt of notice
to proceed from the City through its Director of Public Works. The work
shall be completed within three (3) calendar months following notice to
proceed in writing, unless completion time is extended by mutual
agreement between the City and Engineer.
IN WITNESS WHEREOF, the pav-:4.:s have hereunto set their hands and seals on the
date first above written.
CITY OF JEFFERSON CITY, MISSOURI
Y
e rge artsfield
ayor {SEAL)
Attest /G
Brenda Cirtin
City Clerk
Approved as to form: BLACK & VEATCH, Engineers-;-Architects
/ B
Allen Garner ' Jo N. Stovall
City Counselor Project Manager
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