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 '