HomeMy Public PortalAboutORD10986 BILL NO. 87-179
SPONSORED BY COUNCILMAN BORGMEYER
ORDINANCE NO. /()9 8 6
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BURNS &
MCDONNELL, ENGINEERS/ARCHITECTS/CONSULTANTS, FOR MODIFICATIONS TO
THE WASTEWATER TREATMENT PLANT.
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 Burns & McDonnell,
Engineers/Architects/Consultants, for modifications to the
Wastewater Treatment Plant, for a sum not to exceed $99,300.00.
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 d'd' Approved 7 00
idi icer LV
ATTEST:
City Clerk
® AMENDMENT NO. 1
To
AGREEMENT For PROFESSIONAL ENGINEERING SERVICES
Between
BURNS & MCDONNELL ENGINEERING COMPANY, INC.
Kansas City, Missouri
And
THE CITY OF JEFFERSON, MISSOURI
This Contract Amendment is made by and between Bums & McDonne1A Engineering
Co. , Inc. , and The City of Jefferson this V.11 day of ,
1989.
Whereas, it is the mutual desire of the parties hereto to amend the Agreement
for Professional Engineering Services entered into on February 3, 1988,
(hereinafter called the existing Agreement).
Therefore, it is hereby agreed that the Existing Agreement be amended as
follows:
1. Provide technical consultation and assistance in odor control
evaluations for wastewater system.
2. Payment for these professional services shall be in accordance with
paragraph 6 - COMPENSATION, of the existing Agreement. Maximum
compensation encumbered under this Contract shall be revised to One
Hundred Thousand Three Hundred Dollars ($100,300).
3. Execution of this Amendment No. 1 authorizes ENGINEER to proceed with
this additional work.
This Amendment will be deemed a part of, and be subject to, all terms and
conditions of the existing Agreement. Except as modified above, the existing
Agreement will remain in full force and effect.
CITY OF JEFFERSON, MISSOURI
ATTEST: By
Title Mayor
qty Clerk
BURNS & McDONNELL ENGINEERING COMPANY, INC.
By
Vice P esident
JEFCTY.AM1
060789 1
CONTRAC _FOR_ENGINEERING_SERVICES
THIS AGREEMENT, made and entered into this 3�� day of
1988, by and between the City of Jefferson, a municipal corporation of the
State of Missouri, hereinafter referred to as the "City" with offices at
320 E. McCarty, Jefferson City, Missouri 65101, and Burns 6 McDonnell
Engineering Company, 4800 East 63rd Street, Kansas City, Missouri 64130
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
modifications and expansion of the City's wastewater 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 authorized by Ordina�e `'�� of the City
Council, of the City of Jefferson, adopted G-x / , 1988„ to
enter into a contract with the Engineer for the performance f services by
the Engineer.
NOW, THEREFORE, for the considerations herein expressed, it is agreed
by and between the City and the Engineer as follows:
I. Sgone__of Services. The Engineer agrees to perform the following
engineering and administrative services for the project:
A. Evaluate alternatives for improving existing grit handling
facilities including relocation of grit washing and dewatering
equipment closer to grit chambers. Prepare a design memorandum
outlining the evaluation of alternatives and providing
preliminary design sketches for the recommended concept. Prepare
complete construction plans and specifications for the City-
approved concept.
B. Evaluate sources of odors at the wastewater treatment plant.
Evaluate alternatives for odor control. Prepare a design
memorandum outlining the evaluation of alternatives and providing
preliminary design sketches for the recommended concept. Prepare
complete construction plans and for the City-approved concept.
C. Evaluate alternative methods of handling and disposal of grease.
Prepare a design memorandum outlining the evaluation of
alternatives and providing preliminary design sketches for the
recommended concept. Prepare complete construction plans and
specifications for the City-approved concept.
JEFCTY.AGR 1
011488
f f
AMA
D. Evaluate the condition of existing cathodic protection at the
Walnut Street Pump Station and associated force mains and river
crossing. Evaluate the need for cathodic protection at the
wastewater treatment plant. Prepare a design memorandum
outlining the evaluation, recommend necessary additions or
improvements and provide preliminary design sketches for the
recommended concept. Prepare complete construction plans and
specifications for the City-approved concept. Portions of this
part of the Scope of Services is being subcontracted to W. V.
Markin & Company.
E. Evaluate the performance and capacity of the existing final
clarifiers and estimate their flow capacity. Prepare a design
memorandum outlining the results of the evaluation and providing
preliminary design sketches for two additional final clarifiers.
Prepare complete construction plans and specifications for two
additional final clarifiers.
F. Evaluate alternatives for conveyance and treatment of wet-weather
flow bypasses which occur at the Walnut Street Pump Station. The
Missouri Department of Natural Resources will be consulted to
determine regulatory requirements pertaining to wet-weather flow
bypasses. Alternatives to be evaluated include treatment at the
Walnut Street Pump Station site or conveyance and treatment at
the wastewater treatment plant. Prepare a design memorandum
outlining the results of the evaluation and prepare preliminary
layout drawings for the City-approved concept.
2. .Additions or Deletions to Services. The City may add to Engineer
services or delete therefrom 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 allowance 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 at
a reasonable fee or compensation to be agreed to between the City and the
Engineer at the time any such service may be required.
3. $xiati a _Data. All information, data, and reports as are
existing, available and necessary for the carrying out of the work, shall
be furnished to the Engineer without charge by the City, and the City shall
JEFCTY.AGR 2
is 011488
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:
at Property, boundary, easement, right-of-way, topographic, and
utility surveys and property descriptions when such information
is required.
b. All maps, drawings, records, audits, annual reports, and other
data that are available in the files of the City and which may be
useful in the work involved under this Contract.
c. Access to public and private property, as necessary, when
required to conduct field investigations.
4. Personnel Z2- Be Provided. The Engineer represents that Engineer
has or will secure at its own expense, all personnel required to perform
the services called for under this contract by Engineer. Such personnel
shall not be employees of or have any contractual relationship with the
City except as employees 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
AML and shall be authorized under state and local law to perform such services.
None of the work or services covered by this contract shall be
subcontracted without the written approval of the City.
5. N t�ce-_to_ Proceed. The services of the Engineer shall commence
as directed in the Notice to Proceed and shall be undertaken and completed
in such sequence as to assure 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 six calendar months from the
date of execution of this contract.
6. C_ MESDs_g_tion. The City will pay the Engineer in accordance with
the rate set forth below, which shall constitute full and complete
compensation for the Engineer services hereunder. Such compensation will
be paid in progress payments, as established by the City. The f inal
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 contract exceed the sum of $99,300.00 for all services
required unless specifically and mutually agreed to in writing by both the
City and Engineer. It is further agreed that this sum includes a maximum
compensation of $10,000.00 for preparation of construction plans and
JEFCTY.AGR 3
® 011488
® specifications under paragraph 1.B. If tine effort required under paragraph
I.B. exceeds this amount of compensation for final design services, the sum
shall be increased as agreed to by the City and Engineer at the time such
additional services may be required. 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 a fee computed on the basis of
(1) hourly rates that include base salary cost, direct payroll
additives, general and administrative overhead and profit, and
(2) reimbursable direct expenses. The term "base salary cost"
shall be the actual amounts paid employees of the Engineer, priot
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 incentive pay. The term "general and
administrative overhead" shall include such indirect costs as
clerical, telephone, dues and subscriptions, accounting services,
Alk office supplies, maintenance, depreciation, general insurance,
rent, general taxes, survey stakes, equipment rental, nonprofit
salary cost and nonprofit general expense. The maximum
compensation encumbered under this Agreement shall be Ninety—Nine
Thousand Three Hundred Dollars ($99,300).
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.
(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:
JEFCTY.AGR 4
® 011488
(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.
7. Failure--.to Perform. Cancellation. If, through any cause, the
Engineer shall fail to fulfill in timely and proper manner its
obligations under this contract, or if the Engineer shall violate
any of the covenants, agreements, or stipulations of this
contract, the City shall thereupon have the right to terminate
this contract by giving written notice to the Engineer of such
termination and specifying the effective date thereof, at least
five (5) days before the effective day of such termination. City
or Engineer may without cause terminate this contract upon 30
days' prior written notice. In either such event, all finished
or unfinished documents, data, studies, surveys, drawings, 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 materials.
Notwithstanding the above, the Engineer shall not be relieved 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 consent of the City thereto.
Any such assignment is expressly subject to all rights and remedies of the
City under this Agreement, including the right to change or delete
activities from the contract 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 Agreement,
though City will attempt to so notify any such assignee.
9. C2gf ideutiality. 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 confidential shall not be made available to any
individual or organization by the Engineer without prior written approval
of the City.
JEPCTY.AGR 5
011488
10. Nondiscrimination. The Engineer agrees in the performance of
this contract not to discriminate on the grour.d or because 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. lndevende t C2nntractor. The Engineer is an independent
contractor and nothing contained herein shall constitute or designate the
Engineer or any of its 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. Liabilit,. 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
brei.�.ch of this contract. 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 liabilities arising out
of personal injuries, including death, and damage to property
which are caused by the negligence of Engineer arising out of or
in any way connected with this contract.
14. Dacum_ents. That reproducibles of tracings and maps prepared or
obtained under the terms of this Contract shall be delivered upon request
to and become the property of the City upon termination or completion of
the work. Copies of basic survey notes and sketches, charts, computations
and other data prepared or obtained under this Contract shall be made
available, upon request, to the City without restrictions or limitations on
their use. When such copies are requested, the City agrees to pay the
Engineer its cost of copying and delivering same.
15. Nonsolicitation. The Engineer warrants that he had not employed
or retained any company or person, other than a bona fide employee working
solely for the Engineer, to solicit or secure this Contract, and that he
has not paid or agreed to pay any company or person, other than a bona fide
employee working solely for the Engineer, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration, contingent upon or
resulting from the award or making of this Contract. For breach or
J'EFCTY.AGR 6
011488
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 incurred in connection with this Contract, and
shall make such materials available at their respective offices at all
reasonable times during the Contract and for a period of three (3) years
following completion of the Contract.
17. Delays. That the Engineer shall not be liable for delays
resulting from causes beyond the reasonable control of the Engineer; that
the Engineer has made no warranties, expressed or implied, which are not
expressly set forth in this Contract; and that under no circumstances will
the Engineer be liable for indirect or consequential damages.
18. All notices required or permitted hereinunder and required to be
in writing may be given by first class mail addressed to City at 320 E.
McCarty, Jefferson City, Missouri 65101, and Engineer at 4800 East 63rd
Street, Kansas City, Missouri 64130. The date of delivery of any notice
shall be the date falling on the second full day after the day of its
mailing.
Executed this .,,_ day of , 1988.
CITY OF JEFFERSON, MISSOURI
By -je"Zorv..'
MAY
ATTEST:
CITY CLERK
BURNS & McDONNELL ENGINEERING COMPANY, INC.
By C)"
VICE PRESI ENT
JEFCTY.AGR 7
011488
Schedule of Hourly Labor Billing Rates
Position Classification Hourly Labor
Classification Level Billing Rate
General Office' 1 13.00
2 13.50
3 15.00
Technician' 4 17.50
5 20.50
6 23.50
Assistant' 7 26.50
8 37.00
9 40.50
Staff 10 44.00
11 48.50
Senior ', 12 51.00
13 59.50
Associate 14 67.50
15 74.50
Principal 16 81.50
17 90.00
Notes
1. Position classifications listed above refer to the firm's internal classification system for employee compensation. For example,
"Associate,""Senior,"etc.,refer to such positions as"Associate Engineer,""Senior Architect,"etc.
2.Services'shall be compensated at the firm's hourly labor billing rates currently in effect at the time services are performed.The
hourly rates shown above are effective for services through May 3f,1989,and are subject to revision thereafter.
3.For non-exempt personnel in positions marked with an asterisk('),overtime will be billed at 1.5 times the hourly labor billing rates
shown.
4.Project time spent by corporate officers will be billed at the Principal rate(Level 17)plus 20 percent.
5. Expenses incurred such as authorized travel and subsistence including airfaro, food, lodging, automobile rental, commercial
services,field office expenses,and Incidental expenses will be charged at the Iirm's cost plus 10 percent. Reproduction,printing,
long-distance telephone calls, company vehicle usage, testing apparatus, computer services, and computer-assisted drafting
(CAD)will be charged according to the firm's standard rates In effect at the time the service is provided.
6,Professional services rendered by others under subcontract to the firm such as surveying,real property descriptions,soil borings,
subsurface Investigations, laboratory testing, field quality control tests, or other activities required or requested by the client
will be billed at the firm's cost plus 15 percent.
7.Time expended by outside Individual professional consultants retained by the firm In providing services to the client,will be billed
at the firm's cost plus 25 percent.Consultant's expenses will be billed as stated in Note 5.
8.Standard terms of payment:
a.Statements: Monthly statements will be submitted for payment covering services and expenses during the preceding month.
Statements will set forth the hours expended and classification for each person on the project,total hours expended for each
classification,the total labor billing,and a summary of expenses and charges. Upon request,documentation of reimbursable
expenses Included in the statement will be provided. Cost to firm for providing the documentation will be billed as described
in Notes 2 through 5,
b. Payments:Statements are payable upon receipt,A late payment charge will be added to all amounts not paid within 30 days of
the statement date,Such late payment charge shall be calculated as 1.5 percent per month from statement date.
9.Any direct taxes imposed by state or local authorities upon the firm's fees for services (such as sales taxes) will be passed
through to the client.
Form 8MR766
l C ITq aP JcPPCkSd,J
Schedule of Hourly Labor Billing hates Cr-9,,,n-o
03-? /
Position Classification Hourly Labor
Classification Level Billing Rate
jr�my- 88
General Office' 1 12.00
2 12.50
3 14.50
Technician' 4 17.00
5 20.00
6 22.50
Assistant 7 26.00
8 36.00
9 39.50
Staff 10 43.00
11 47.00
Senior 12 49.50
13 58.00
Associate 14 66.00
15 72.50
Principal 16 79.00
17 86.00
Notes
1. Position classifications listed above refer to the firm's Internal classification system for employee compensation. For example,
"Associate,""Senior,"etc.,refer to such positions as"Associate Engineer,""Senior Architect,"etc.
I
2.Services shall be compensated at the firm's hourly labor billing rates currently In effect at the time services are performed.The
hourly rates shown above are effective for services through May 31,1988,and are subject to revision thereafter.
3.For non-exempt personnel in positions marked with an asterisk('),overtime will be billed at 1.5 times the hourly labor billing rates
shown,
4.Project time spent by corporate officers will be billed at the Principal rate(Level 17)plus 20 percent.
5. Expenses incurred such as authorized travel and subsistence including airfare, food, lodging, automobile rental, commercial
services,field office expenses,and incidental expenses will be charged at the firm's cost plus 10 percent. Reproduction,printing,
long-distance telephone calls, company vehicle usage, testing apparatus, computer services, and computer-assisted drafting
(CAD)will be charged according to the firm's standard rates in effect at the time the service is provided.
6.Professional services rendered by others under subcontract to the firm such as surveying,real property descriptions,soil borings,
subsurface investigations, laboratory testing, field quality control tests, or other activities required or requested by the client
will be billed at the firm's cost plus 15 percent.
7.Time expended by outside individual professional consultants retained by the firm in providing services to the client,will be billed
at the firm's cost plus 25 percent.Consultant's expenses will be billed as stated in Note 5.
8.Standard terms of payment:
a, Statements: Monthly statements will be submitted for payment covering services and expenses during the preceding month,
Statements will set forth the hours expended and classification for each person on the project, total hours expended for each
classification,the total labor billing,and a summary of expenses and charges, Upon request,documentation of reimbursable
expenses Included in the statement will be provided. Cost to firm for providing the documentation will be billed as described
In Notes 2 through 5,
r'
b.Payments:Statements are payable upon receipt.A late payment charge will be added to all amounts not paid within 30 days of
the statement date.Such late payment charge shall be calculated as 1.5 percent per month from statement date,
8.Any direct taxes Imposed by state or local authorities upon the firm's fees for services (such as sales taxes)will be passed
through to the client.
Fnrm WAR7237