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HomeMy Public PortalAboutORD10984 BILL NO. 87-177 SPONSORED BY COUNCILMAN BORGMEYER ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH A.C. KIRKWOOD AND ASSOCIATES, P.C. , FOR THE ELECTRICAL IMPROVEMENTS AND TELEMETRY SYSTEM FOR THE PUMP STATION. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with A.C. Kirkwood and Associates, P.C. , for the Electrical Improvements and Telemetry System for the pump station for an amount not to exceed $38,500.00. 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 �%�-LAC /,�� Approved Co fficer ATTEST: A City Clerk A.C. KRKWOOD&ASSOCIATES ® 8080 Word Parkway,Suite 200,Kansas(ity,Missouri 64114 Telephone: 816/333.4477 Fax: 816/361.0288 A DIVISION OF AFFILIATE Shafer,Kline 8 Worsen,P.A. Tale-Ayers-Woodward(o. 9131888.7800 8161756.0444 July 24, 1992 Ms. Deborah M. Cheshire City Clerk City of Jefferson 320 E. McCarty Street Jefferson City, Missouri 65101 Re: Pump Station Electrical Improvements and Telemetry System CirilEngineers Amendment No. 5 ' Eletlrical fogineers Enclosed is one copy of Amendment No. 5 signed on behalf of Mechank:Engineers ® A. C. Kirkwood & Associates, in accordance with your letter of July 22, 1992. If anything further is needed, please advise. londscopek(hitects Sincerely, ' land Surveyors r77 KIRKWOOD & ASSOCIATES ■ fond Planners omas C zr ood, P. . TCK/jlc cc: Ms. Ch ndra Russell, P.E. • f , AMENDMENT NO. 5 (Additional Design) CONTRACT FOR ENGINEERING SERVICES (Pump Station Electrical Improvements and Telemetry System) Between City of Jefferson, Missouri and A. C. Kirkwood & Associates WHEREAS, the CITY OF JEFFERSON, MISSOURI, hereinafter referred to as the "City",and A. C. KIRKWOOD&ASSOCIATES,a division of Shafer,Kline&Warren, P.A., hereinafter referred to as the "Engineer", did on the 3rd day of February, 1988 enter into an Engineering Service Contract, as amended, to provide for certain services and compensation regarding improvements to the wastewater system; and WHEREAS, City desires to engage the Engineer to render certain technical and professional services hereafter described in connection with improvements to the wastewater system consisting of incorporation of two additional pump stations, resizing the engine generator, and modifications in the design and project documents required to locate the master station at the wastewater treatment plant rather than City Hall; and WHEREAS, Engineer made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal; and WHEREAS, City and Engineer desire to amend the Engineering Service Contract to provide for such services and the compensation therefor; NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Engineer as follows: 1. Scooe of Services. The Engineer agrees to perform additional engineering and administrative services for the project as follows: a. Visit each facility to acquire data and to determine needs for electrical improvements for monitoring and control. b. Revise SCADA specifications and drawings to include the additional pump stations and relocated master station. C. Provide a new propagation study for the relocated master station site. contract\profserv\kirkwood.5 d. Revise the specifications for the engine-generator unit. e. Review the design changes and revised plans and specifications with the Owner. 2. Notice to Proceed. The services of the Engineer shall commence as directed in the Notice to Proceed and shall be undertaken and completed in a sequence appropriate to their expeditious completion in the light of the purposes of the contract, but in any event, all of the services required hereunder shall be completed within three calendar months from the date of the Notice to Proceed. 3. Compensation. The City will pay the Engineer in accordance with the provisions set forth below, which shall constitute full and complete compensation for the Engineer's services hereunder. Such compensation will be paid in progress payments, as set forth hereinafter. The final payment will be subject to receipt of a requisition for payment and a statement of services rendered from the Engineer that the Engineer fully performed with work to be paid for in such progress payments in conformance with the contract. It is expressly understood that in no event will the total compensation and reimbursement to be paid to the Engineer under the terms of this Amendment exceed the sum of $11,380 for all services required unless specifically and mutually agreed to in writing by both the City and Engineer. No change shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. For the services covered by this amendment the City agrees to pay the Engineer as follows: a. For the services outlined in Paragraph 1 - Scope of Services, the City agrees t:o pay the Engineer for the time of personnel involved at base salary cost, plus indirect costs (direct payroll additives, and general and administrative overhead) at a rate of 165% of the base salary cost, plus reimbursable direct expenses, all not to exceed a total cost of $9,675 without further authorization, plus a fee of $1,705. The term "base salary cost" shall be the actual amounts paid employees of the Engineer, prior to deductions or withholding, based on each employee's hourly rate. Base salary cost does not include direct payroll additives, general and administrative overhead or profit. The term "direct payroll addi- tives" shall include payroll tax, retirement, health and accident insurance, vacation pay, holiday pay, sick leave pay and incentive pay. The term "general and administrative overhead" shall include such indirect costs as clerical, telephone, dues and subscriptions, accounting services, office supplies, maintenance depreciation, general insurance, rent, general taxes, survey stakes, equipment rental, nonprofit salary 2 contract\profsery\kirkwood.5 ® cost and non-profit general expense. The maximum compensation encumbered under this Amendment shall be Eleven Thousand Three Hundred Eighty Dollars ($11,380). 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. (3) Telephone and telegraph costs. (4) Reproduction and telegraph costs. (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. (7) Subconsultant services of Custom Radio Communications. C. 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. (4) The City shall make prompt monthly payments in full in response to the Engineer's monthly statements. If the City fails to make any payment within 30 days after billing, the amounts due the Engineer shall be increased at the rate of 1%per month from said thirtieth day. In addition, Engineer may, after giving seven days' written notice to the City, suspend services under this contract until Engineer has been paid in full all amounts due for services, expenses, and charges. 3 contraeNrofsery%i rkwood.5 ® d. Compensation as provided herein is exclusive of any sales, use or similar tax imposed by taxing jurisdictions on the amount of compensation,fees or services. Should such taxes be imposed, the Owner shall reimburse the Engineer therefore in addition to the contractual amounts provided. 4. All other sections of the contract dated December 30, 1988,as previously amended, shall remain in full force and effect. 5. This Amendment is executed in duplicate with copies to the City and the Engineer. Executed this _ a?/ A,4 day of , 1992. A.C. KIRKWOOD & ASSOCIATES CITY OF JEFFERSON CITY, MISSOURI A Division of Shafer, Kline & Warren, P.A. 44.4�"v,-74 -Ono Title: flu dwyor A'T'TEST: ATTEST: 7-77- MZanl� Tx a�/i "�%,2�'Si,c��•v?— City Clerk APPROVED AS TO FORM: City Counselor 4 contract\profsery\1drkwood.5 A.C. MRKWOOD&ASSOCIATES ® 8080 Ward Parkway,Suite 200,Kansas G: ,Missouri 64114 Teleplione: 816/333.4411 Fax: 816/361.0288 A DIVISION OF AFFILIATE Shafer,Kline&Warren,P.A. Tunle-Ayers-Woodward Co. 9131888.1800 816/156.0444 July 9, 1992 Ms. Chandra Russell, P.E. Director of Public Works City of Jefferson 320 E. McCarty Jefferson City, Missouri 65101 Re: Pump Station Electrical Improvements and Telemetry System Amendment No. 5 Geil Engineers Additional Design flecirical Engineers We have previously submitted to you a draft of this amendment, which . increases the scope of services and compensation for project design Mechonical Engineers as related to the relocation of the telemetry master station and ■ other. matters. We understand from our recent phone conversations EandscopeArchitects that this is acceptable, and is now being reviewed by the City 0 Attorney. So that you will have completed documents for processing Lond Surveyors by the City Council, we are enclosing two signed co pies for the City's execution. However, should the City Attorney desire a change ' in format please advise, and we will revise and resubmit. Please tendmriners return one executed copy at your convenience. Thank you for the information provided regarding our billing for these services -- a statement is being prepared and will be submit- ted. If you have any questions, or need anything further, please advise. C KIRKWOOD & ASSOCIATES Thomas C. K rkwood, P.E. TCK/jlc EncIosur 8802 AMENDMENT N0. 4 (REVISED) ® (Construction Phase Services) CONTRACT FOR ENGINEERING SERVICES (Pump Station Electrical Improvements and Telemetry System) Between City of Jefferson, Missouri and A. C. Kirkwood & Associates WHEREAS, the CITY OF JEFFERSON, MISSOURI, hereinafter referred to as the "City", and A. C. KIRKWOOD & ASSOCIATES, a division of Shafer, Kline & Warren, P.A. , hereinafter referred to as the "Engineer", did on the 3rd day of February, 1988 enter into an Engineering Service Contract, as amended, to provide for certain services and compensation regarding improvements to the wastewater system; and WHEREAS, City desires to engage the Engineer to render certain technical and professional services hereafter described in connec- tion with improvements to the wastewater system consisting of general services during construction as set forth hereinafter, for electrical systems improvements, telemetry system, and hydraulic improvements at the Moreau River pumping station, all as set forth in the construction documents for Contract No. 1; and Adak WHEREAS, Engineer made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal; and WHEREAS, City and Engineer desire to amend the Engineering Service Contract to provide for such services and the compensation there- for; and WHEREAS, City and Engineer have previously executed Amendment No. 4 for these services but now wish to revise the format, the services and compensation to remain as previously agreed; NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Engineer as follows: 1 . Scope of Services. The Engineer agrees to perform the engi- neering and administrative services for the project as follows : A. SERVICES DURING CONSTRUCTION 1 . General Services During Construction a. Review and update previously prepared construction contract documents 1 - 8802 .3 b. Assemble and distribute bid documents; respond to inquiries of planholders. C. Attend bid opening, analyze bids, and provide Owner with recommendations of award. d. Review contractor's submittals for conformance with the design concept and compliance with information given in the contract documents, and re- spond to contractor. e. Visit the site at intervals appropriate to the various stages of construction as deemed necessary by the Engineer to ob- serve progress and quality of the con- tractor's work. f. Conduct monthly construction progress meetings. g. Process contractor' s payment requests and forward to Owner. ® h. Provide data to Owner for Owner' s prepara- tion of grant reimbursement requests. i . Conduct final inspection and witness acceptance tests, and submit accep- tance report . J . Revise drawings to reflect construction records and submit final drawings to Owner. k. General services during construction shall be provided as set forth in Attachment I. 2. Operation and Maintenance Manual : The Engineer shall prepare a Final Plan of Operation for the equipment being installed in this project in- cluding an Operation and Maintenance Manual, and shall assist the Owner in implementing the Final Plan of Operation. The Engineer shall revise the Operation and Maintenance Manual at the end of the first year of operation of the above described improvements. S. Follow-up Services: The Engineer shall make quarterly visits to the system during the first • year of operation to observe equipment opera- tion and maintenance. Visits shall be followed - 2 ® by a written report to the Owner noting the status of the facility's operation and provid- ing recommendations to be implemented. At completion of the first year of operation the Engineer shall prepare a project perfor- mance report to advise the Owner whether or not the project is meeting its performance stan- dards. The Owner shall be responsible for the following: a. The Owner shall collect operating data for the system in accordance with the 0&M man- ual and requests of the Engineer. b. The Owner shall. provide operating data to the Engineer on a monthly basis. C. The Owner shall allow the Engineer access to maintenance, operation and other system management records. d. The Owner shall advise the Engineer of all actual operating procedures that differ from the operating instructions of the O&M �I manual . B. RESIDENT REPRESENTATIVE SERVICES The Owner and Engineer hereby agree the Engineer will not furnish a Resident Representative and that the Owner will be responsible for construction observation, provided however that the Engineer will visit the site and conduct monthly construction progress meetings as set forth in A above. 2. Notice to Proceed. The services of the Engineer shall com- mence as directed in the Notice to Proceed and shall be undertaken and completed in a sequence appropriate to their expeditious completion in the light of the purposes of the contract, but in any event, all of the general services during construction and opera- tion and maintenance manual required hereunder shall be completed within 15 calendar months from the date of completion of construc- tion. All of the followup services shall be completed within 13 months of the completion of construction. 3. Compensation. The City will pay the Engineer in accordance with the provisions set forth below, which shall constitute full and complete compensation for the Engineer' s services hereunder. Such compensation will be paid in progress payments, as set forth hereinafter. The final payment will be subject to receipt of a requisition for payment and a statement of services rendered from the Engineer that the Engineer fully performed with work to be paid - 3 - ® for in such progress payments in conformance with the contract. It is expressly understood that in no event will the total compensa- tion and reimbursement to be paid to the Engineer under the terms of this Amendment exceed the sum of $55, 000 for all services required unless specifically and mutually agreed to in writing by both the City and Engineer. No change shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required, including an extended period of construction. For the services covered by this contract the City agrees to pay the engineer as follows: a. For the services outlined in Paragraph 1 - Scope of Services, the City agrees to pay the Engineer for the time of personnel involved at base salary cost, plus indirect costs (direct payroll additives, and general and administrative overhead) at a rate of 165% of the base salary cost, plus reimbursable direct expenses, all not to exceed the total costs as follows without further authorization, plus a fee as follows; provided the construction period does not exceed ten months. The term "base salary cost" shall be the actual amounts paid employees of the Engineer, prior to deductions or withholding, based on each employee's hourly rate. Base salary cost does not include direct payroll additives, general and administrative overhead or profit . The term "direct payroll additives" shall include payroll tax, retirement, health and accident insurance, vacation pay, holiday pay, sick leave pay and incen- tive pay. The term "general and administrative overhead" shall include such indirect costs as cler- ical, telephone, dues and subscriptions, accounting services, office supplies, maintenance depreciation, general insurance, rent, general taxes, survey stakes, equipment rental, non-profit salary cost and non-profit general expense. The maximum compensa- tion encumbered under this Amendment shall be Fifty- five Thousand Dollars ($55, 000) . Total Service Cost Fee Summation 1 . General Services During Construction $42, 500 $7, 500 $50, 000 2 . Operation and Maintenance Manual $ 11287 $ 228 $ 11515 3. Follow-up Services $ 21963 $ 522 $ 31485 4 b. Reimbursable direct expenses chargeable to the pro- ject, 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. (3) Telephone and telegraph costs. (4) Reproduction and telegraph costs. (5) Postage and shipping charges for project related materials. (6) Rental charges for use of equipment, in- cluding equipment owned by the Engineer, not included in overhead costs. c. 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. (4) The City shall make prompt monthly payments in full in response to the Engineer' s monthly statements . If the City fails to make any payment within 30 days after billing, the amounts due the Engineer shall be increased at the rate of 1% per month from said thirtieth day. In addition, Engineer may, after giving seven days' written notice to the City, suspend services under this contract until Engineer has been paid in full all amounts due for services, expenses, and charges. d. Compensation as provided herein is exclusive of any sales, use or similar tax imposed by taxing juris- dictions on the amount of compensation, fees or services. Should such taxes be imposed, the owner shall reimburse the Engineer therefore in addition to the contractual amounts provided. - 5 - 4. This Amendment is executed in duplicate with copies to the City and the Engineer. Executed this �� day of , 1992. CITY OF JEFFERSON, MISSOURI By: r ATTEST: x'17. ut�e_ City Clerk A. C. KIRKWOOD & ASSOCIATES A Division of Shafer, Kline & Warren, P.A. By: Vice reside t 6 • ATTACHMENT I A. C. KIRKWOOD & ASSOCIATES Engineers - Consultants Kansas City, Missouri GENERAL SERVICES DURING CONSTRUCTION 1 . General. The following paragraphs define the duties, respon- sibilities and limitations of authority with respect to the Engineer in providing general services during construction. 2. Bidding. The Engineer shall assist the Owner in obtaining bids or negotiating proposals for each separate prime contract for construction, materials, equipment and services; consult with and advise Owner as to the acceptability of subcontractors and others proposed by the prime contractor (s) for those portions of the work as to which such acceptability is required by the bidding documents; consult with and advise Owner as to the acceptability of substitute materials and equipment when substitution prior to the award of contracts is allowed by the bidding documents; and assist Owner in evaluating bids or proposals and in assembling and awarding contracts . 3. Construction Phase. The Engineer shall consult with and advise Owner and act as his representative as provided in the General Conditions of the construction contract . The extent and limitations of the duties, responsibilities and authority of Engineer shall not be modified, except to the extent provided in the Engineering Service Contract or except as Engineer may otherwise agree in writing. All of the Owner' s instructions to contractor (s) will be issued through Engineer who will have authority to act on behalf of Owner to the extent provided in said General Conditions except as otherwise provided in writing. The Engineer shall issue all instructions of Owner to contractor (s) ; issue necessary interpretations and clarifications of the contract documents and in connection therewith prepare change orders as required; have authority, as Owner' s representative, to require special inspection or testing of the work; act as initial interpreter of the requirements of the contract documents and judge of the acceptability of the work thereunder and make decisions on all claims of Owner and contractor (s) relating to the acceptability of the work or the interpretation of the requirements of the contract documents pertaining to the execution and progress of the work; but Engineer shall not be liable for the results of any such interpretations or decisions rendered by him in good faith. The Engineer shall not be responsible for the acts or omissions of any contractor, or subcontractor, or any of the contractor (s) I or subcontractors' agents or employees or any other persons (except Engineer' s own employees and agents) at the site or otherwise performing any of the contractor (s) I work; however, nothing contained herein shall be construed to release Engineer from liability for failure to properly perform duties undertaken by him in the contract documents . 1/92 I-1 4 . Site Visits. The Engineer shall make visits to the site at intervals appropriate to the various stages of construction to observe as an experienced and qualified design professional the progress and quality of the executed work of contractor (s) and to determine in general if such work is proceeding in accordance with the contract documents . The Engineer shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of such work, except that by further provision in the Engineering Service Contract the Engineer may provide a resident representative . The Engineer shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by contractor (s) or the safety precautions and programs incident to the work of contrac- tor (s) . The Engineer' s efforts will be directed toward providing a greater degree of confidence for Owner that the completed work of contractor (s) will conform to the contract documents, but Engineer shall not be responsible for the failure of contractor (s) to perform the work in accordance with the contract documents . During such visits and on the basis of on-site observations, Engineer shall keep Owner informed of the progress of the work, shall endeavor to guard Owner against defects and deficiencies in such work and may disapprove or reject work failing to conform to the contract documents. 5. Shop Drawing. The Engineer shall review and approve (or take other appropriate action) shop drawings and samples, the results of tests and inspections and other data which each contractor is required to submit, but only for conformance with the design concept of the Aft project and compliance with the information given in the contract documents (but such review and approval or other action shall not extend to means, methods, sequences, techniques or procedures of construction or to safety precautions and programs incident thereto) ; determine the acceptability of substitute materials and equipment proposed by the contractor (s) ; and receive and review for general content maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by contractor (s) in accordance with the contract documents. 6. Payments to Contractor (s) . Based on the Engineer' s on-site observations as an experienced and qualified design professional and on review of applications for payment and the accompanying data and schedules, Engineer shall determine the amounts owing to contractors) and recommend in writing payments in such amounts; such recommenda- tions of payment will constitute a representation to Owner, based on such observations and review, that the work has progressed to the point indicated, that, to the best of Engineer' s knowledge, informa- tion and belief, the quality of such work is in accordance with the contract documents (subject to an evaluation of such work as a functioning project upon substantial completion, to the results of any subsequent tests called for in the contract documents, and to any qualifications stated in his recommendation) , and that payment of the amount recommended is due contractor (s) ; but by recommending any payment Engineer will. not thereby be deemed to have represented that • continuous or exhaustive examinations have been made by Engineer to check the quality or quantity of the work or to review the means, 1-2 methods, sequences, techniques or procedures of construction or safety Ip precautions or programs incident thereto or that Engineer has made an examination to ascertain how or for what purposes any contractor has used the moneys paid on account of the contract price, or that title to any of the work, materials or equipment has passed to Owner free and clear of any lien, claims, security interests or encumbrances, or that contractor (s) have completed their work exactly in accordance with the contract documents. 7. Inspection. The Engineer shall conduct an inspection to determine if the project is substantially complete and a final inspection to determine if the work has been completed in accordance with the contract documents and if each contractor has fulfilled all of his obligations thereunder so that Engineer may recommend, in writing, final payment to each contractor and may give written notice to Owner and the contractor (s) that the work is acceptable (subject to any conditions therein expressed) , but any such recommendation and notice shall be subject to the limitations expressed in paragraph 6. I-3 �1 COST OR'PRICE SUMMARY FORMAT FOR SURAGREEMENTS UNDER U.S. EPA GRANTS Form Approt•ed (See accompanying instructions before completing this lorry) 0A1B No. 138-RO1.4 PARTI-GENERAL qP1.GRA14TEE 2. GRANT NUMBER City of Jefferson Missouri C291254-01 !. NAME OF CONTRACTOR OR SUBCONTRACTOR 4. DATE OF PROPOSAL A. C. Kirkwood & Associates JUL 9 IM 9. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR(Include ZIP code) 6.TYPE OF SERVICE TO BE FURNISHED 8080 Ward Parkway Services During Construction Suite 200 General Services During Construction Kansas City, MO 64114-2087 Amendment No. 4 i PART II-COST SUMMARY ESTI- HOURLY ESTIMATED j 7. DIRECT LABOR(Specify labor categories) MATED RATE COST TOTALS HOURS S S j • 4 , e 'i 1 DIRECT LABOR TOTALt MIT � .;�� ..,lw , S 15,324.76 t 6.INDIRECT COSTS(Specify Indirect cost pools) RATE x BASE= ESTIMATED COST J '^ —Salary & General & Administrative 1.65 S 15,324.76 y 25,285.85 _ (See Attachment) INDIRECT COSTS TOTAL: C t , $ 25,285.85 9.OTHER DIRECT COSTS -Y a ESTIMATED . TRAVEL COST I TRANSPORTATION 3300 miles x 0.28 924.00 : (2) PER DIEM S 396.00 •. TRAVEL SUBTOTAL: Il S 1 320.00 b. EQUIPMENT,MATERIALS, SUPPLIES (Speeif�•categories) QTY COST ESTIMATED1 COST Reproduction S S 300.00 l LD Phone 269.39 .. q i f EQUIPMENT SUBTOTAL: ;gj 569.39 C.SUBCONTRACTS ESTIMATED �r r•`,-,i?1�wZil�. COST j�,s• t ��•` .fit :=� �:; �` .. j SUBCONTRACTS SUBTOTAL: i'1...;4. ESTIMATED e w 1 d. OTHER(Specify categories) COST r aW i S ..�.,. t .r,1ti•.r,N j•;, OTHER SUBTOTALt ikj:i " 5,•. T S r�2:n rnFPwai'. e.'OTHER DIRECT COSTS T_OTALs te : w, � yaz;y"r,. S 10,TOTAL ESTIMATED COST -� S42,500.00 11. PROFIT $ 7,500.00 12.TOTAL PRICE A 50,000.00 E PA Form 5700.11 (2.76) PAGE 1 OF 5 i • � f• FormAroved JAIn 1Co-pp13f-R014 PART III -PRICE SUMMARY 1� COMPETITOR'S CATALOG LISTINGS. IN-HOUSE ESTIMATES, PRIOR QUOTES MARKET PROPOSED (indicate basis lot price comparison) PRICEIS) PRICE N/A ic,.: '^1^► t.r^M "'.�' y.�1 .(�^ :per ''.�!''�"�K}Z' t �.�q y `t�"^.,r W. ,�,,, S �}',tif�4?����,�.t;'±klL�f�`�th�+T.:_►c.�ii`.'JI.'ti,��i.�t'F'7,4 JG: PART IV.CERTIFICATIONS 14.CONTRACTOR 14s.HAS A FEDERAL AGENCY OR A FEDEPALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHSI [:DYES ® NO(1f"Yes"@IVO name address and telephone number of reviewing office) 14b.THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES 48 CFR 31.2 lac. This proposal is submitted for use in connection with and in response to (1) authorization under existing contract . This is to certify to the best*of my know;-Age and belief that the cost and pricing data summarized herein are complete, current, and accurate as of JUL ° 9 1992 r?)� and that a financial management capability exists to fully and accu- rately account for the financial transactions under this project. I further certify that I u>'iderstand that the subegreement price may be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. 1)/ 1 r3) JUL ° 9 1992 DATE OF EXECUTION Lo, fIGNA RE OF P OPOfER TITLE OF PROPOSER 14. GPANTEE REVIEWER I certify that 1 have reviewed the cost/price summary set forth herein and the proposed costs/price appear acceptable for sllbagreement award. i LATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER 16. EPA REVIEWER(11 applicable) DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER EPA. Form 5700.41 (2.76) PAGE 2 OF 5 Attachment to 5700-41 Re: Item 7 - Direct Labor General Services During Construction Estimated Hourly Estimated Category Year Hours Rate Cost Project Manager F92 118 $31.25 $ 3, 687.50 F93 61 $32.82 21002.02 Electrical Engineer F92 236 $20.39 4, 812.04 F93 200 $21.41 4,282.00 Sanitary Engineer F92 5 $23.46 117.30 Drafting F93 25 $12.23 305.75 Clerical F92 3 $8 .75 26.25 F93 10 $9.19 91.90 Direct Labor Total $15, 324.76 AMOk qp ACK&A 4/15/92' 0291254-01 COST OR'PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS Form Approl•ed (See accompanying instructions before completing this form) 0A1H No. 153-R0144 PARTI-GENERAL 1.GRANTEE 2. GRANT NUMBER City of Jefferson Missouri C 291 254-01 3. NAME OF CONTRACTOR OR SUBCONTRACTOR 4. DATE OF PROPOSAL A. C. Kirkwood & Associates - 9 1992 S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR(Include LIP code) 6.TYPE OF SERVICE TO BE FURNISHED ` 8080 Ward Parkway Services During Construction Suite 200 Operation & Maintenance Manual Kansas City, MO 64114-2087 Amendment No. 4 I i PART 11-COST SUMMARY ESTI- HOURLY ESTIMATED i 7. DIRECT LABOR(Specify labor categories) MATED RATE COST TOTALS t HOURS ' S S • T• S i i 1 7' j DIRECT LABOR TOTALri ,�r ` `rf0t"rM.. {� e' e S 464.96 I S. INDIRECT COSTS(Specify indirect cost pools) RATE >< BASE— ESTIMATED COST 1 1 Salary & General & Administrative 1.65 5 464.96 S 767.18 LT INDIRECT COSTS TOTAL: , S 767.18 9. OTHER DIRECT COSTS ESTIMATED s. TRAVEL COST Z TRANSPORTATION (2) PER Diem S TRAVEL SUBTOTAL: S 0 b. EQUIPMENT,MATERIALS. SUPPLIES (Speelfy categories) QTY COST ESTIMATED COST Reproduction S S 54.86_ 1 s EQUIPMENT SUBTOTAL: *Vft'-,'- ��";`, ,, ,,,> :r 54.86 ,t ! ESTIMATED C.SUBCONTRACTS COST S Fr. SUBCONTRACTS SUBTOTAL: I ESTIMATED d. OTHER(specify categories) COST '" "h' S tr ly OTHER SUBTOTAL: t �.j; Gr., .1.`'tc'`�,»' i'x' S �.•�. rr•,�!f,�E+i�LJ�. .fib` "'�: e.'OTHER DIRECT COSTS TOTAL: ; """ ;. 1 =,w;,rd: S~ 54.86 10.TOTAL ESTIMATED COST S 1,287.00 11. PROFIT S 228.00 12. TOTAL PRICE 4 1,515.00 EPA Form 5700.41 (2.76) PAGE 1 OF 5 I Form Appreved JAIR A o. 168-RO144 PART III -PRICE SUMMARY 19. COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR OUOTES MARKET PROPOSED (indicate basis lot price comparison) PRICEISI PRICE N/A ~iib»'l n 1?» .i 9,yi7_rt� ar. •y: t e r,{•,g;!:v - r ::n°lk�*tarn•.�r'.;i�.w:'y`c-'�.;ti.''�.:;.u..r�ij�°a`�:xc:r�i��ir�`+�c�.Y-�S'��'i1?'d�.�s:� '. i?�'�'`fs�a`�'�`�1���*a�41�'.-�Ji'.uCri�•+-�� -�i S PART IV-CERTIFICATIONS 14. CONTRACTOR 14.HAS A FEDERAL AGENCY OR A FEDEPALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN TREE PAST TWELVE MONTHS? YES ® NO(1f"Yes"give name address and telephone number of reviewing 011ie*) 14b.THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES 48 CFR 31.2 lac. This proposal is submitted for use in connection with and in response to (1) authorization under JVF existing contract This is to certify to the best*of my know:-Age and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2), JUL - 9 9992 and that a financial management capability exists to fully and accu- ratelyaccount for the financial transactions under this project. I further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. (3) JUL - 9 10 DATE OF EXECUTION SIG ATURE OF P OPOSER VI t.e � "�1•� �"/ TITLE OF PROPOSER 14. GPANTEE REVIEWER 1 certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear acceptable for ;Ilbagreement award. i =ATE OF EXECUTICN SIGNATLRE OF REVIEWER TITLE OF REVIEM.•ER 16. EPA REVIEWER (1I applicable) DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER EPA Form 5700.41 (2.76) PAGE 2 OF S Attachment to 5700-41 Re: Item 7 - Direct Labor Operation and Maintenance Manual Estimated Hourly Estimated Category Year Hours Rate Cost Electrical Engineer F93 20 $21 .41 $428.20 Clerical F93 4 $9.19 36.76 Direct Labor Total $464 .96 ACK&A 4/15/92 C291254-01 COST OR PMCE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS Form Approl•ed (See accompanying instructions before completing this form) OAIB No. 153-R014-4 PARTI-GENERAL 1.GRANTEE 2.GRANT NUMBER City of Jefferson, Missouri C291254-01 S. NAME OF CONTRACTOR OR SUBCONTRACTOR S. DATE OF PROPOSAL A. C. Kirkwood & Associates JUL 7 IM S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR(Include ZIP coda) 6.TYPE OF SERVICE TO BE FURNISHED i 8080 Ward Parkway Services During Construction i Suite 200 Follow up Services Kansas City, MO 64114-2087 Amendment No. 4 i ' PART It-COST SUMMARY r ESTI- HOURLY ESTIMATED 1 T. DIRECT LABOR(Specify labor categories) MATED TOTALS r HOURS RATE COST S S 1 ' DIRECT LABOR TOTAL: " Y_ 1 S 960.28 A. INDIRECT COSTS(Specify Indirect coat pools) RATE x BASE= ESTIMATED I COST 1 glary & General & Administrative 1.65 Is 960.28 S 1,584.46 (See Attachment) r INDIRECT COSTS TOTAL: v [c r rye S 1 584.46 I 9. OTHER DIRECT COSTS a. TRAVEL ESTIMATED COST -' 2 TRANSPORTATION 900 miles x 0.28 S 252.00 (2) Pan piem S 108.00 ` TRAVEL SUBTOTAL: S 360.00 .� b. EQUIPMENT,MATERIALS. SUPPLIES (Specify categories) OTY COST ESTIMATED COST Reproduction S S 13.26 LD Phone 45.00 r ? EQUIPMENT SUBTOTAL: ` y,(a�'k `t:"; ,, 58.261 c.SUBCONTRACTS ESTIMATED COST f J"SL":r�t r� S 't�1 ;,r SUBCUNTRACTSSUBTOTAL: �;,�„'�rti:>> �>.• fuii�?.•+ '��, S �!` t. 1 ''����+ `y f d. OTHER(Specify categories) ESTIMATED 1 ' ! COST r OTHER SUBT0TALt e.1 OTHER DIRECT COSTS TOTAL: k+ IC vi n °r' �;,� � �{IM: : 10. TOTAL ESTIMATED COST S 2,963.00 11. PROFIT 522.00 12.TOTAL PRICE 3.48 00 EPA Form 5700.41 (2.76) PACE 1 OR 5 1 I Potm App"ved' JAW No. 10g•R0111 PART III -PRICE SUMMARY 13. COMPETITOR'S CATALOG LISTINGS. IN-HOUSE ESTIMATES. PRIOR QUOTES MARKET PPOPOS20 (indicate basis for price comparison) PRICEIS) PRIG! N/A S .J>.r�C of ;D jj>>,,Y.2,;••.�. f. >t�3,' �`y .( `� �¢'�. .1Arp. �"(�./ Y( ,,,yyy j�SLaf!}< '�'+ •�y,�� rt�l �'.. R•yi..Y M.t^.a' iJt�... ...r���••1��� �.^L4���.:' �T`ils. t';*:'Z'���ST.G:�S"hI:7• '!4!1^f.T.•tl. ..L���.NV�.71��L�I� PART IV-CERTIFICATIONS 14. CONTRACTOR 14s.HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OP YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS? v ES iZ NO(11"Yea"give name address and telephone number or reviewing office) 14b.THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES 48 CFR 31.2 14C. This proposal is submitted for use in connection with and in response to (1) authorization under existing contract . This is to certify to the best of my know;-Age and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2)i JUL — 9 1992 and that a financial management capability exists to fully and accu- rately account for the financial transactions under this project. I further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. 1 (3) JUL ` 9 1991 DATE OF EXECUTION I/ j21*NiTU`RX OF PROPOSER IC TITLE OF PROPOSER 14. GPANTEE REVIEWER I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear acceptable for subagreement award. i CATE OF EXECUTION &IGNATUIIE OR REVIEWER TITLE OF REVIEWER 16. EPA REVIEWER (11 applicable) DATE OF EXECUTION SIGNATURE OF REVICwCR - TITLE OF REVIEWER EPA Form 5700.41 (2.76) PAGE 2 OF 5 Attachment to 5700-41 Re: Stem 7 - Direct Labor Follow-up Services Estimated Hourly Estimated Category Year Hours Rate Cost Electrical Engineer F94 41 $22.48 $921.68 Clerical F94 4 $9.65 38.60 Direct Labor Total $960 .28 ® ACIK&A 4/15/92 C291254-01 Attachment to 5700-41 Re: Item 8 - Indirect Costs The Firm maintains a comprehensive bookkeeping system, with all costs (salary and expenses) assigned to direct (job) or indirect (overhead) accounts as appropriate. In addition to internal reports, monthly and annual statements are prepared by our accounting firm (CPA) . Overhead costs are maintained in two categories (overhead on direct labor, and general and administrative overhead) and are prorated on the basis of annual total direct labor cost (salary cost assigned to jobs) . Semi-monthly time sheets are maintained by each individual, . with hours accumulated to jobs as well as to non-project items; costs are extended using hourly salary rates . Overhead on direct labor is based on Firm policies and/or legal requirements for various benefits, and include the following categories: vacation, holiday, sick leave, profit participation, unemployment insurance, health insurance, worker's compensation, and employer' s share of FICA. General and administrative overhead includes other costs that are not identifiable as direct job costs, such as certain salaries (for AOL IP company administration, secretarial time not assignable as technical typing for jobs, miscellaneous office time) , office supplies and expense, rent, and the like. For the purpose of this proposal, certain items have been omitted as unallowable per procurement regulations: advertising, the unallowable portion of business development, entertainment, Federal income tax, and interest . The company' s overhead analysis (with the above omissions) for the fiscal year ending 6/30/90 is 180.90% (FY91 analysis is not yet available) ; however, projections for the current period indicate a decrease, and a value of 165% is used in this agreement. ACK&A 4/15/92 C291254-01 Aft Attachment to 5700-41 Re: Item 14a - Review of Accounts There have been no reviews of our accounts in the past 12 months. However, a pre-award desk audit (based upon ACK&A FY85 ending June 30, 1985) was performed February, 1986 by the audit division of the Kansas City District Corps of Engineers. Previously the Corps performed other desk audits, and an on-site audit of the FY80 overhead, as did the Department of Energy. Overhead analysis for FY80 and FY81 was reviewed by an auditor for the Environmental Protection Agency during a grant audit conducted March 11-14, 1985. Man-hours are estimated on the basis of historical experience on various prior engagements for similar work. Personnel within the company are grouped in various employment grades in accordance with written company policies. Current hourly** salary (wage) rates are used as a base for the compu-tations, averaged for each category, or individually identified, as appropriate. Principals are paid salaries commensurate with those of other persons of comparable qualifications for the same work and responsibilities: principals' actual salary rates are used. The company's financial accounting system, job cost accounting system, project budgets and performance reports, annual financial statements, salary records, and written policies are the basis of developing the projected data for man-hours and labor. rates. ** Hourly rates are projected into future fiscal years when appro- priate to the schedule of the project. ACK&A 4/15/92 C291254-01 CONTRACT FOR ENGINEERING SERVICES (Pump Station Electrical Improvements and Telemetry System) THIS AGREEMENT, made and entered into this day of ? _ , 1988, by and between the City of Jefferson, 320cCarty, Jefferson City, Missouri 65101, a municipal corporation of the State of Missouri, hereinafter referred to as the "City" , and A. C. Kirkwood & Associates, P.C. , 8080 Ward Parkway, Suite 200, Kansas City, Missouri 64114 hereinafter referred to as the "Engineer". WITNESSETH: THAT, WHEREAS, City desires to engage the Engineer to render certain technical and professional services hereafter described in connection with improvements to the wastewater system consist- ing of electrical rehabilitation for seven pumping stations and a Aft telemetry system to serve 14 pumping stations, a metering station 1p and the treatment plant; and WHEREAS, the Engineer made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal and is author- ized by Ordinance /0 9 FV of the City Council, of the City of Jefferson, adopted -:2 f=r- / , 1988, to enter into a contract with the Engineer fort/the performance of services by the Engineer . NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Engineer as follows: 1. Scope of Services. The Engineer agrees to perform the engineering and administrative services for the project in accor- dance with Attachment "A" and as follows: a. Pre-design conference with City Staff. b. Site visit to each facility for data acquisition and to determine specific needs for electrical improvements and for monitoring and control. 2 - C* Evaluate type of system to be used for telemetering (SCADA) , radio or telephone, and provide recommendation to the City. Develop design concept for telemetry system features, with provisions for reporting as well as monitoring and control, including provision for integration of a future odor control system in the telemetry scheme, and with consideration of future changes. d. Assist the City in obtaining FCC licensing, as needed, including establishing coordinates of locations, a path analysis, and preparation and submission of appli- cation (not to exceed two) with filing fee. e. Study and provide recommendations to the City regarding new controls and drives at the Walnut Street pumping station, any design to be authorized by future amend- ment as to scope and compensation. f. Prepare preliminary plans and specifications, and opin- ion of probable cost, and review with City Staff. g. Prepare final design documents, and furnish 25 copies of plans and specifications to the City. 2. Additions or Deletions to Services. The City may add to the Engineer 's services or delete there rom activities of a similar nature to those set forth in paragraph 1, provided that the total cost of such work does not exceed the total cost allow- ance as specified in paragraph 6 hereof. The Engineer shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and prepared and approved by the office of the Director of Public Works and shall be accepted and countersigned by the Engineer or his agreed representatives. The Engineer will perform any additional work requested by the City which is not specifically covered in the scope of work as defined herein under terms and at a reasonable fee or compen- sation to be agreed to between the City and the Engineer at the time any such service may be required. 3 - 3. Existin2 Data. All information, data, and reports as are existing, ava a e and necessary for the carrying out of the work, shall be furnished to the Engineer without charge by the City, and the City shall cooperate with the Engineer in every reasonable way in carrying out the scope of services. 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, topogra- phic, 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. d. Electrical wiring diagrams and drawings of existing facilities for the pumping stations, metering station and treatment plant, as related to the requirements of this project. The City has completed or will complete all actions neces- sary for regulatory approvals, environmental permits, project financing , and legal opinions regarding the project. The City shall provide City standard documents for general and supplemen- tary conditions and contract forms, and shall provide such accounting, legal and insurance counseling services as may be needed during the course of the project, including establishing insurance and surety bond requirements. 4. Personnel To Be Provided. The Engineer represents that Engineer has or will secure at his own expense, all personnel required to perform the services called for under this contract by the Engineer . Such personnel shall not be employees of or have any contractural relationship with the City except as em- ployees of the Engineer. All of the services required hereunder will be performed by the Engineer or under Engineer 's direct supervision and all personnel engaged in the work shall be fully ® qualified and shall be authorized under state and local law 4 - to perform such services. None of the work or services covered by this contract shall be subcontracted without the written approval of the City. The Engineer intends to utilize the services of John Sullivan, Jefferson City, to assist in the acquisition of field data for the project. 5. Notice to Proceed. The services of the Engineer shall commence as directed in the Notice to Proceed and shall be under- taken and completed in such sequence as to assure their expedi- tious completion in the light of the purposes of the contract, but in any event, all of the services required hereunder shall be completed within four calendar months from the date of the Notice to Proceed. 6. Compensation. The City will pay the Engineer in accor- dance with the provisions set forth below, which shall constitute full and complete compensation for the Engineer's services here- under. Such compensation will be paid in progress payments, as set forth hereinafter. The final payment will be subject to receipt of a requisition for payment and a statement of services rendered from the Engineer that the Engineer fully performed with work to be paid for in such progress payments in conformance with the contract. It is expressly understood that in no event will the total compensation and reimbursement to be paid to the Engin- eer under the terms of this contract exceed the sum of $38,500 for all services required unless specifically and mutually agreed to in writing by both the City and Engineer . No change shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. For the services covered by this contract the City agrees to pay the Engineer as follows: a. For the services outlined in Paragraph 1 - Scope of Services, the City agrees to pay the Engineer for the time of personnel involved at base salary cost, plus indirect costs (direct payroll additives, and general and administrative overhead) at a rate of 155% of the base salary cost, plus reimbursable direct expenses, all not to exceed a total cost of $33,900 without further authorization, plus a fee of $4,600. The term "base salary cost" shall be the actual amounts paid employees of the Engineer , prior to deductions or .with- holding , based on each employee's hourly rate. Base salary cost does not include direct payroll addi- 5 - ® tives, general and administrative overhead or profit. The term "direct payroll additives" shall include pay- roll tax, retirement, health and accident insurance, vacation pay, holiday pay, sick leave pay and incentive pay. The term "general and administrative overhead" shall include such indirect costs as clerical, tele- phone, dues and subscriptions, accounting services, office supplies, maintenance, depreciation, general insurance, rent, general taxes, survey stakes, equip- ment rental, non-profit salary cost and non-profit general expense. The maximum compensation encumbered under this Agreement shall be Thirty-eight Thousand Five Hundred Dollars ($38,500) . 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. (3) Telephone and telegraph costs. (4) Reproduction of project documents, including one set of mylar reproducibles of project tracings. (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. 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 bill- ings shall not be disproportionate to work pro- gress as reported by the Engineer. (3) The entire amount due shall be paid each month provided the maximum billing amount has not been exceeded. 6 - (4) The City shall make prompt monthly payments in full in response to the Engineer 's monthly state- ments. If the City fails to make any payment within 30 days after billing, the amounts due the Engineer shall be increased at the rate of 18 per month from said thirtieth day. In addition, Engineer may, after giving seven days' written notice to the City, suspend services under this contract until Engineer has been paid in full all amounts due for services, expenses, and charges. 7. Failure to Perform, Cancellation. If, through any cause, one party shall fail to fulfill in timely and proper man- ner its obligations under this contract, or if one party shall violate any of the covenants, agreements, or stipulations of this contract, the other party shall thereupon have the right to terminate this contract by giving written notice of such termina- tion and specifying the effective date thereof, at least five (5) days before the effective day of such termination; provided, there is an opportunity for consultation with the terminating party prior to termination. City or Engineer may without cause terminate this contract upon 30 days prior written notice; provided, there is an opportunity for consultation with the ter- minating party prior to termination. In either such event, all finished or unfinished documents, data, studies, surveys, draw- ings, maps, models , photographs and reports or other materials prepared by the Engineer under this contract shall, at the option of the City, become its property, and the Engineer shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other mater- ials. Notwithstanding the above, the Engineer shall not be reliev- ed of liability to the City for damages sustained by the City by virtue of any such breach of the contract by the Engineer . 8. Assignment. The Engineer shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation) , without prior written con- sent of the City thereto. Any such assignment is expressly sub- ject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the con- tract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agree- ment, though City will attempt to so notify any such assignee. 9. Confidentiality. Any reports, data, or similar information given- to or prepared or assembled by the Engineer under this contract which the City requests to be kept as confi- dential shall not be made available to any individual or organization by the Engineer without prior written approval of the City. 10. Nondiscrimination. The Engineer agrees in the perfor- mance of this contract not to discriminate on the ground or be- cause of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Engineer or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 11. Independent Contractor. The Engineer is an independent contractor and nothing contained herein shall constitute or designate the Engineer or any of his agents or employees as agents or employees of the City. 12. Benefits Not Available. The Engineer shall not be entitled to any of the benefits- established for the employees of the City nor be covered by the Workmen's Compensation Program of the City. 13. Liability. The parties mutually agree to the following: a. In no event shall the City be liable to the Engineer for special, indirect, or consequential damages, except those caused by the City's negligence, arising out of or in any way connected with a breach of this con- tract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this contract. b. The Engineer shall defend, indemnify, and hold the City harmless from and against all claims, losses, and lia- bilities arising out of -personal injuries, including death and damage to property due to negligent acts, errors or omissions of the Engineer arising out of or in any way connected with contract. 8 - 14. Documents. The Engineer 's original documents, trac- ings, and field notes shall remain the property of the Engineer. Mylar reproducibles of tracings prepared under the terms of this contract shall be delivered to and become the prop- erty 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; provided, that the City shall hold the Engineer harmless for any use other than for the purpose of this project. When such copies are requested, the City agrees to pay the Engineer its cost of copying and delivering same. 15. Nonsolicitation. The Engineer warrants that he has 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, broker- age 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 consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee , gifts, or contingent fee. 16. Books and Records. The Engineer and all his subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs in- curred 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. 17. Delays. The Engineer shall not be liable for delays resulting from causes beyond the reasonable control of the Engin- eer; the Engineer has made no warranties, expressed or implied, which are not expressly set forth in this contract; and under no circumstances will the Engineer be liable for indirect or conse- quential damages. 18. Opinion of Cost. Since Engineer has no control over the cost of labor , materials, equipment or services furnished by others, or over the Contractor (s) ' methods of determining prices, or over competitive bidding or market conditions, Engineer 's opinions of probable cost are to be made on the basis of Engineer ' s experience and qualifications and represent Engineer 's - 9 - best judgement as an experienced and qualified professional engineer, familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual total project or construction costs will not vary from opinions of probable cost prepared by Engineer. 19. Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to City and Engineer at the addresses first above noted. The date of delivery of any notice shall be the date falling on the second full business day after the day of its mailing. Executed this 3 day of 1988. CITY OF JEFFERSON, MISSOURI By Mayor ® ATTEST: City Clerk A. C. RRWOOD & ASSOCIATES, P.C. By Press nt ATTACHMENT "A" SCOPE OF SERVICES FOR PUMP STATION ELECTRICAL UPGRADING AND Ah YNSTALLATION OF A TELEMETERING SYSTEM I . INTRODUCTION The City desires to install a telemetering system to monitor operations of its wastewater facilities including 14 pumping stations, a metering station, and the treatment plant. In order to utilize modern technology, the City also desires to upgrade electrical equipment at the pumping stations in conjunction with the installation of the telemetering system. The upgrading is to include the removal of obsolete relays and controls and the replacement with solid state controls compatible with the telemetering equipment. Upgrading of electrical equipment at the treatment plant is not included within this scope of services. The consultant is to evaluate both a telephone and radio system including an estimated life cycle cost with pros and cons for each system. II. BASIC FIELD DATA A map is enclosed indicating approximate locations of pump stations, the metering station, the treatment plant, and two ( 2) tower locations that could be utilized for receiver/transmitter relay stations. Exact ground elevations of pumping stations, plant, towers, etc. are available in the Public Works office and will be provided upon request by the consultant. Columbia Electronics (314/635-0106) in Jefferson City has been servicing the city's police, fire, and public works communications systems and may be contacted regarding operations, radio frequencies, coverage problems/dead spots due to terrain etc. III. Compatibility with Existing Equipment The City has installed solid state programmable controllers in two existing pumping stations. In order to simplify maintenance and parts inventory, the electrical upgrading should utilize similar equipment, namely "Modicon" as manufactured by Gould. Mr. John Sullivan ( 314/635-2325) of Jefferson City has been involved in the installation, troubleshooting and servicing of most of the original electrical equipment at the pumping stations and the existing solid state equipment . tie is knowledgeable of the system and its ' upgrading needs . Mr . Sullivan is currently retired and his expertise could be utilized in assessing the upgrading needs as outlined to us in prior discussions by Mr. Sullivan. -2- IV. DATA RELAY Pumping Stations It is the desire of the City to initially monitor for power failure, high water level , sump pump failure, and intrusion. The system should be capable of being expanded at a later date to include pressure, temperature, etc. Metering Station The City operates one metering station which records flow on a seven day chart. In addition, an accummulating totalizer . provides monthly data for billing purposes. The consultant should evaluate the feasibility of relocating the recording chart to City Hall and relaying the flow data from the metering station. Treatment Plant The City desires to monitor, as a minimum, for power failure, for a zero incoming flow, for bar screen failure and for intrusion. However, additional operations may be monitored as recommended by the consultant and deemed desirable by City staff.