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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. 1 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. 2 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. 3 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 4