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HomeMy Public PortalAboutORD10785 BILL NO. 86-181 SPONSORED BY COUNCILMAN BORGMEYER ORDINANCE NO. z0-)h'5-" AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH LARKIN ASSOCIATES CONSULTING ENGINEERS, INC. FOR THE DESIGN OF THE INTERSECTION AT MISSOURI BOULEVARD AND DUNKLIN STREET. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1 . The Mayor and the City Clerk are hereby authorized and directed to execute an Agreement For Professional Services with Larkin Associates Consulting Engineers, Inc. for the design of the intersection at Missouri Boulevard and Dunklin Street for the sum of Thirty-five Thousand Eight Hundred Thirty- eight Dollars ($35,838.00) . Section 2. The agreement shall be substantially the same in form and content as that agreement 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: e4 Approved: 79991n�_ 17 4 ` V Pkdsidi g Officer Wayor ATTEST: City Clerk 1111111 11S1 11111'' 111, Pg. I of S AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT made as of the. Up day of .� 19 _j by and between the City of Jefferson erg a after cola the CITY, and Larkin Associates Consulti ng Engineers, Inc., a Missouri corporation, hereinafter called the CONSULTANT. WITNESSETH, that whereas the CITY intends to construct certain roadway and intersection improvements described as follows: Intersection of Missouri Boulevard and Dunklin Street, including Missouri Boulevard from approximately the west right-of-way line of Highway 54 to Elm Street, Dunklin Street to approximately 350 feet east of Missouri Boulevard and to the end of the curb returns on Bolivar Street extension, hereinafter called the PROJECT, AND WHEREAS the CITY is authorized and empowered to contract with the CONSULTANT for engineering services for design of the PROJECT, AND WHEREAS necessary funds for payment of said services are available, _ NOW, THEREFORE, the CITY hereby hires and employs the CON- SULTANT in accordance with the following AGREEMENT: Part A -BASIC ENGINEERING SERVICES: Upon execution of this Agreement the ENGINEER will proceed to perform the following services in connection with the PROJECT: (1) Meet with CITY and other affected organizations and persons, including the Missouri Highway and Transportation Department, as required to define the PROJECT. Meet with these parties at such times as may be required, and as may be desired by the CITY. (2) Gather available information about the PROJECT. (3) Make all necessary surveys required to obtain field data for design. These surveys will be made only as necessary to supplement information supplied by the CITY and Missouri Highway and Transportation Department. (4) Plot field survey information on mylar plan, profile and cross-section sheets of suitable scale. Pg. 2 of 8 (5) Locate existing utilities, according to utility records (as can be determined without digging), and plot on the plan sheets. Meet and consult with utility owners and consider protection or relocation of their facilities, as well as provisions for future needs of the utilities. (6) Design standards will be in accordance with current Missouri Highway and Transportation Department requirements. (7) Prepare pencil layouts of proposed construction, with alternatives where applicable, on the plan, profile, cross-section and typical-section sheets. Show approximate right-of-way takings and easement requirements, if any. (8) Review the pencil layouts with the CITY, MHTD and other interested parties, as may be desired by the CITY. (9) Upon reaching agreement between concerned parties on the preliminary design, prepare construction plans, specifications, and cost estimates for the PROJECT. Plans and specifications will be prepared for a City letting. (lp) Furnish right-of-way plans and written legal descriptions, as required for all rights-of-way and easements, if any, needed to complete the improvements. ® Payment for services during the construction phase will be made by the CITY to the CONSULTANT as indicated in Part D. PART B. THE CITY'S RESPONSIBILITIES: The CITY will: I. Provide full information as to its requirements for the PROJECT. 2. 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. 3. Furnish all necessary ownership data. 4. Promptly review preliminary plans and submittals made by the CONSULTANT so as not to impede the progress of the work. S. Furnish, or direct the CONSULTANT to provide, necessary additio- nal services as stipulated in Part C of this AGREEMENT or other services as required. 7i .. AdIlk Pg. 3 of 8 6. Bear all costs incident to compliance with the requirements of this Part B. PART C - ADDITIONAL SPECIAL SERVICES OF TFIE CONSULTANT: If authorized in writing by the CITY, the CONSULTANT will furnish or obtain from others additional services of the following types which are not considered normal or customary Basic Engineering Services, and these will be paid for by the CITY as indicated in Part D. 1: Additional services in connection with the PROJECT, including services normally furnished by the CITY and services not otherwise provided for in this AGREEMENT. PART D -COMPENSATION: D-I Cost Plus Lump Sum Fixed Amount: Compensation for the services describeU herein a ore to be provide by the NSULTANT shall be on the basis of actual costs to the CONSULTANT plus a lump sum fixed amount to cover profit only. Actual costs will be the sum of Items (1) through (4), inclusive, below. The lump sum fixed amount will be as given in Item (5) below. Said Items (1) through (5), subject to the provisions of the subsequent Items (6) through (10), are as _ follows: (1) Actual base salary cost for all employees for the time that they are productively engaged in work necessary to fulfill the obliga- tions of this AGREEMENT. No payment for premium overtime wages for any employee shall be made. (2) An amount estimated at 45.34 percent of Item (1) above for direct payroll additives, including payroll tax, retirement, health and accident insurance, vacation*pay, holiday pay, sick leave pay and incentive pay. (3) An amount estimated at 89.74 percent of Item (1) above for general and administrative overhead as based on the CONSULT- ANT's established practice for allocating indirect costs in accord- ance with sound accounting principles and business practice. (4) Direct non-salary costs which are directly attributable and pro- perly allocable to the PROJECT. These costs include the CON- SULTANT's payments to others engaged by him in connection with the PROJECT and necessary to the fulfillment of the terms of this AGREEMENT. Transportation, including use of survey vehicle or automobile in connection with the PROJECT will be included at the CONSULTANT's normal charge, subject to change from time to r: Pg. 4 of 8 time, said charge being Twenty-two Cents ($0.22) per mile for automobile and Thirty-Five Cents ($0.35) per mile for survey vehicle. Blue line prints on white paper made in CONSULTANT's office will be included at the CONSULTANT's normal charge. Other reproduction work and materials required will be included at actual cost. (5) A lump sum fixed amount, to cover profit only, of: Four Thousand Two Hundred Fifty Dollars ($4,250.00) (6) The percentages given for direct payroll additives and general and administrative overhead in Items (2) and (3) above are for the purpose of estimating the total compensation and of providing a method of monthly payments to the CONSULTANT. Upon comple- tion of the CONSULTANT's work under this AGREEMENT the final payment for said additives and overhead wil be based on accounting records of the CONSULTANT from which the actual said additives and overhead incurred during the period of the AGREEMENT and allocable to it will be established. of the - +, ` _f ih AGREEMENT,A ENT, fl l_ _1.ICI It T A AlT1...-civuntifi L�"G�3I'._A`Z'P a7 yry, �}y peyfA,efft rAid . (7) It is agreed that the total compensation for the services described herein shall not exceed: Thirty-two Thousand Five Hundred Eighty Dollars ($32,580.00) D-2 Contingencies: There is hereby established a contingency fund of: Three Thousand Two Hundred Fifty-eight Dollars ($3,258.00) to be used for the purposes of compensating for the contingency of actual direct payroll additives or general and administrative overhead exceeding the estimated percentages therefor as provided in Item (6) of Sub Part D-1 herein, for the contingency of actual total costs exceeding estimated total costs as provided in Item (10) of Sub Part D-I herein, for minor items of extra work performed in accordance with the CITY's authorizations, and for minor changes required in the work by the CITY after completion or partial completion in accordance with the CITY's instructions. The above stated contingency fund is for the purpose of compensating the CONSULTANT for his additional costs and is not to be used as compensation for profit. D-3 Supplemental Agreements: The maximum compensation stated in the foregoing adjusted by supplemental agreements for changes in scope, Alk Pg. 5 of 0 character or complexity of the work or for undue delay of the PROJECT through no fault of the CONSULTANT. Said supplemental agreements may provide for changes in compensation and for equitable adjustments, either upward or down- ward. Supplemental agreements shall be signed by the CITY and CONSULTANT. D-4 Method of Payment: Upon receipt, review and approval of properly documented statements, the I TY will make monthly payments to the CONSUL- TANT in accordance with the compensation as specified in this AGREEMENT. Monthly payments will include all items defined as "cost" for the period covered by each monthly statement plus a portion of the lump sum fixed amount. Monthly payments on account of the lump sum fixed amount shall be made in the amount of sums earned less previous partial payments and less an established percentage. The retainage shall be Thirty (30%) percent of the amount of the lump sum fixed amount earned. No retainage will be withheld on payment for extra work. The CITY will pay to the CONSULTANT the retainage when the construction is completed and approved by the CITY and the Federal Highway Administration. D-5 Release of Retains e: If the work is suspended or unduly delayed throug-nno fault of the CANT, retainage withheld shall be released to the CONSULTANT within Sixty (60) Calendar Days thereafter. PART E - 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. PART F - INSPECTIONS, CONFERENCES AND APPROVALS: Representatives of the CITY and the Missouri State Highway and Transportation Department 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 G - RESPONSIBILITY FOR CLAIMS AND LIABILITY: The CONSULTANT shall save harmless the CITY and the Missouri State Highway and Transportation Department from all claims and liability due to the negligent acts of the CONSULTANT, its agents, employees or subcontractors in the execution of the work. Pg. 6 of 8 .' PAR* I-Aplil-h iS PFOpeF'y elleeeble in shlr. PRO IF:= fa frnli se+ - . PART H - DISPUTES: Disputes concerning a question of fact that cannot be resolved harmoniously by the CITY and the CONSULTANT shall be reduced to writing; and the parties shall meet and confer at least once to attempt to resolve such dispute as a condition precedent to the right of any legal action. PART I - 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 J - 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 K - NONDISCRIMINATION: The CONSULTANT, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors. The CONSULTANT will comply with Title VI of the Civil Rights Act of 1964, as amended. More specifically, the CONSULTANT will comply with the regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405(b), which are herein incorporated by reference and made a part of this contract. in all solicitations, either by competitive bidding or negotiation, made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Pg. 7 of a CONSULTANT's obligations under this contract and the regulations relative to nondiscrimnation on the ground of color, race or national origin. 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 fied employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any'other consideration, contingent upon or resulting frorn 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. PART M - ACCESS TO RECORDS: The CONSULTANT and all of his subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this AGREEMENT, and shall make such materials available at their respective offices at all reasonable times during the AGREE- MENT period and for three years from the date of final payment under this AGREEMENT, and copies thereof shall be furnished, upon request. If copies are requested the CITY shall pay the CONSULTANT the cost of making such copies. PART N - OWNERSHIP OF DOCUMENTS Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become the property of the CITY upon termination or completion of work. Basic survey notes, design computations and other data prepared under this contract shall be made available to the CITY upon request. All such information produced under this contract shall be available for use by the CITY without restriction or limitation on its use. If the CITY incorporates any portion of the work into a project other than that for which it was performed, the CITY shall save the CONSULTANT harmless from any claims and liabilities resulting from such use. PART 0 - TIME OF COMPLETION The CONSULTANT agrees to complete the services set forth in Part A of this agreement within 45 calendar days after receiving Notice to Proceed. Pg. 8 of 8 PART P -ENCUMBRANCE: The total amount encumbered under this AGREEMENT is Thirty Five Thousand Eight Hundred Thirty-eight Dollars ($35,838.00) and the CITY may authorize up to this amount without prior approval. IN WITNESS WHEREOF, the parties hereto have caused this AGREE- MENT to be executed as of the day and year first above written. CITY OF JEFFERSON, MISSOURI Bx ..f..N •-a -�' Title LARKIN AS IATES CONSUL NGIN ERS, INC. By ._-.._ rincipal I hereby certify that the execution of this AGREEMENT has been duly authorized by the City Council of the City of Jeffers n, Missouri, by the passage of Ordinance No. fd7 on the aoVL day of �a,.�` , 19 . City Clerk This Contract is approved as to form and ality. . • ity's Att�fne ��'` i S yFy '