HomeMy Public PortalAboutORD11041 BILL NO. 88-19
SPONSORED BY COUNCILMAN MASON
ORDINANCE NO. 110V1
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BRYAN AND
ASSOCIATES FOR MONITORING WEST MAIN STREET BRIDGE.
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 an agreement with Bryan and Associates for
monitoring the West Main Street bridge for a sum not to exceed
$13,886.45.
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 Approved '. - F
residin fficer r
ATTEST:
City Clerk
AGREEMENT
FOR
PROFESSIONAL ENGINEEKING SERVICES
WORK PLAN 281002.5
BETWEEN
CITY OF JEFFERSON, MISSOURI
1..
AND
BRYAN & ASSOCIATES
CONSULTING ENGINEERS
INC.
PROJECTS NO. 87-143
MARCH 2'2, 1988
BRYAN & ASSOCIATES
2717 INDUSTRIAL DR,
JEFFERSON CITY,MO 66109
* 31416934477
CONSULTING ENGINEERS, INC.
Work Plan 281002.5 BRYAN & ASSOCIATES 87-143
City of Jefferson
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
THIS CONTRACT, hereinafter called the "AGREEMENT", by and between the City of
Jefferson, Missouri, with offices at the 320 East McCarty Street, Jefferson
City, Missouri 65101 hereinafter called the "CITY" and BRYAN & ASSOCIATES,
Consulting Engineers, Inc., 2717 Industrial Drive, Jefferson City, Missouri
65105, hereinafter called the "ENGINEER".
WITNESSETH, that whereas the Federal Highway Administration has accepted the
construction of Bridge No. 281002.5 for inclusion in the FAU Program as an
experimental project. Said experimental project requires a work plan
hereinafter called the "PROJECT".
AND WHEREAS THE CITY is authorized and empowered to contract with the
ENGINEER for engineering services for the PROJECT,
AND WHEREAS necessary funds for payment of said services are available,
NOW THEREFORE, THE CITY hereby hires and employs the ENGINEER in
accordance with the following AGREEMENT:
PART I-A - GENERAL DESCRIPTION OF WORK TO BE DONE:
See attached "Work Plan" for scope of services, which is incorporated
herein by reference .as though fully set out.
PART I-B RIGHT-OF-WAY and TOPOGRAPHICAL SURVEY:
********* NOT APPLICABLE *********
PART I-C SUBSURFACE INVESTIGATIONS:
********* NOT APPLICABLE *********
FART I-D OBLIGATIONS OF CITY TO ENGINEER:
The CITY, at its own expense, will make available to the ENGINEER all
existing records, maps, plans and other data possessed by CITY when such are
necessary, advisable or helpful to the ENGINEER in the prosecution of its work
under this AGREEMENT.
1
Work Plan 281002.5 BRYAN & ASSOCIATES 87-143
City of Jefferson
PART I-E INSPECTION OF DOCUMENTS:
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 AGREEMENT, and shall make such materials
available at their respective offices at all reasonable times during the
AGREEMENT period and for three years from the date of final payment under this
AGREEMENT for inspection by the CITY, Missouri Highway & Transportation
Department, Federal Highway Administration, or any authorized representatives
of the Federal Government, and copies thereof shall be furnished, upon
request. If copies are requested the CITY shall pay the ENGINEER the cost of
making such copies.
PART I-F CONFERENCES, VISITS TO SITE, INSPECTION OF WORK:
Representatives of the CITY, the Missouri Highway & Transportation
Department, and the Federal Highway Administration shall have the privilege of
inspecting and reviewing the work being done by the ENGINEER 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 I-G ON SITE INSPECTION:
The ENGINEER will conduct all on site inspection required by attached
"Work Plan".
PART I-H CHECKING OF SHOP DRAWINGS.
The ENGINEER will review all shop drawings.
PART I-I CONSULTANT'S SERVICES DURING CONSTRUCTION:
********* NOT APPLICABLE *********
PART I-J NUMBER OF COPIES:
During the development of PROJECT plans, the ENGINEER will provide the
number of copies of completed or partially completed PROJECT plans and reports
as required by approving authorities for the proper prosecution of their
respective responsibilities in connection with the PROJECT.
PART II TIME OF BEGINNING AND COMPLETION:
********* REFER TO ATTACHED WORK PLAN *********
1
This contract shall be deemed complete thirty (30) days after the
rsubmittal of the final report to the CITY and approving agencies.
2
r
Work Plan 281002.5 BRYAN & ASSOCIATES 87-143
City of Jefferson
It is understood that certain parts of the work cannot begin until
previous parts have been approved by the approving authorities. However,
where feasible and practicable, some parts will be carried on simultaneously
with the intent of completing the work under this AGREEMENT efficiently and
effectively at the earliest possible date.
PART III-A PAYMENTS:
Method of Compensation: Compensation for the services hereinbefore
described shall be on the basis of actual costs to the ENGINEER, plus a fixed
LUMP SUM amount to cover profit only. Actual costs will be the sum of Items
(1) through (4), inclusive, below.
(1) Actual base salary cost for all employees for the time that they are
productively engaged in work necessary to fulfill the obligations in
connection with the services hereinbefore described.
(2) An estimated percentage of Item (1) above for direct payroll
overhead.
(3) An estimated percentage of Item (1) above for indirect salary
overhead, and an estimated percentage of Item ( 1) for indirect non-salary
overhead.
(4) Direct non-salary costs which are directly attributable and properly
allocable to the PROJECT. These costs include the ENGINEER'S payments to
others engaged by him in connection with the PROJECT and necessary to the
fulfillment of the terms of this AGREEMENT.
(5) A lump sum fixed amount, to cover profit only, of *** ONE THOUSAND
SEVEN HUNDRED NINETY ONE and 71/100 DOLLARS ***($1791.71).
(6) The percentages for direct payroll overhead Item (2) , indirect
salary overhead and indirect non-salary overhead Item (3) are estimated as
shown on the GENERAL SCOPE OF WORK - ESTIMATED COSTS for the purposes of
.estimating the total compensation and of providing a method of monthly
payments to the ENGINEER. Upon completion of the ENGINEER'S work under this
AGREEMENT the final payment will be based on the actual rates experienced
during the period of performance, as indicated by the ENGINEER'S accounting
records, and as determined by. final audit of the ENGINEER'S records by MHTC.
(7) The amount of compensation shall not EXCEED *** THIRTEEN THOUSAND
EIGHT HUNDRED EIGHTY SIX and 45/100 DOLLARS *** ($13,886.45). See attached
GENERAL SCOPE OF WORK - ESTIMATED COSTS for documentation of compensation.
Said SPREADSHEET is incorporated herein by reference as though fully set out.
PART III-B PROPERTY ACCOUNTABILITY:
If during the period of this contract the acquisition of any specialized
equipment is required, appropriate credits will be given for any residual
value.
PART III-C ALLOWABILITY OF COSTS:
e The allowability of costs will be governed by Volume I, Chapter 7,
Section 2 of the Federal-Aid Highway Program Manual (FHPS 1-7-2) and Part 1-15
of the Federal Procurement Regulations (FPR 1-15) .
3
r
Work Plan 281002.5 BRYAN & ASSOCIATES 87-143
City of Jefferson
PART III-D METHOD OF PAYMENT:
Upon receipt, review and approval of properly documented statements the
CITY will make monthly payments to the ENGINEER in accordance with the
EN 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. For purposes of
monthly payments, the amount of the lump sum fixed amount earned shall be
computed as a proportion of the lump sum fixed amount, said proportion to be
the same as the total costs incurred bear to the estimated (direct labor +
overhead) costs.
PART IV-A COVENANT AGAINST CONTINGENT FEES:
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 AGREEMENT, 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
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.
Amok
PART IV-B DESIGN STANDARDS:
The PROJECT shall be analyzed using the latest edition, STANDARD
SPECIFICATIONS For HIGHWAY BRIDGES adopted by the AMERICAN ASSOCIATION OF
STATE HIGHWAY AND TRANSPORTATION OFFICIALS.
PART IV-C OWNERSHIP OF ENGINEERING DOCUMENTS:
Tracings, plans, specifications, and maps prepared or obtained under the
terms of this AGREEMENT shall be delivered 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 AGREEMENT shall be made available, upon request, to the CITY without
restriction or limitation on their use. When such copies are requested, CITY
agrees to pay the ENGINEER its cost of copying and delivering same.
If the CITY incorporates any portion of the ENGINEER'S work into any
other project than that for which the work was performed, the CITY shall save
the ENGINEER harmless from any claims or liabilities resulting from such
action.
4
Work Plan 281002.5 BRYAN & ASSOCIATES 87-143
City of Jefferson
PART IV-D CHANGES IN WORK:
Compensation for major changes in scope, character or complexity of the
work, for undue delay of the PROJECT through no fault of the ENGINEER, shall
be by supplemental agreements. Said supplemental agreements may provide for
changes in compensation and for equitable adjustments, either upward or
downward, in the maximum amount of compensation . Supplemental agreements
shall be signed by the CITY and ENGINEER and shall receive Missouri Highway &
Transportation Department and Federal Highway Administration approval prior to
authorization to proceed with any work covered thereby.
PART IV-E DELAYS AND EXTENSIONS:
The CITY will grant the ENGINEER extensions of time for delays
recognized by the CITY as unavoidable, provided that extensions of time shall
be requested in writing by the ENGINEER, stating fully the reasons for such
requests.
Unique delay is defined as that caused by substantially greater than
normal time requirements for approval by the approving authorities or
temporary suspension by the CITY of the work under this AGREEMENT, if through
no fault of the ENGINEER.
PART IV-F TERMINATION OR ABANDONMENT:
Either party may terminate this contract upon failure of the other to
perform in accordance with the provisions of the contract. Before
terminating, the party desiring termination shall give the defaulting party
seven days written notice of the manner in which the defaulting party has
failed to perform the contract. The defaulting party shall have the seven-day
notice period to cure the defect. If the defaulting party does not within the
seven-day notice period cure the defect, the contract shall be terminated.
PART IV-H RESPONSIBILITY FOR CLAIMS AND LIABILITY:
The ENGINEER shall indemnify and save harmless the CITY, the Missouri
Highway & Transportation Department and Federal Highway Administration from
all claims or suits made or brought for injury to persons or property caused
by the negligent acts of the ENGINEER, its agents, employees or subcontractors
in the execution of the work or by reason of design defects.
The cost of any insurance policies to meet this specific requirement, if
not normally carried by the ENGINEER or its subcontractors, will be considered
as a direct non-salary cost which is properly allocable to this PROJECT for
compensation.
5
r
Work Plan 281002.5 BRYAN & ASSOCIATES 87-143
City of Jefferson
PART IV-I GENERAL COMPLIANCE WITH LAWS:
The ENGINEER 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 IV-J SUBLETTING, ASSIGNMENT OR TRANSFER:
The ENGINEER shall not sublet, assign or transfer any interest in the
work covered by this AGREEMENT except with the prior written consent of the
CITY. The use of subcontractors shall in no way relieve the ENGINEER from his
primary responsibility for the performance of the work.
If at any time, however, the ENGINEER concludes that it would be in the
best interests of the CITY to change subcontractors or to change the amounts
or types or work to be subcontracted, the ENGINEER shall so notify the CITY in
writing, giving reasons for the proposed changes. Upon written consent of the
CITY, the ENGINEER will then make such changes.
No approval will be necessary for non-professional services such as
reproductions, printing, materials and other services normally performed or
provided by others.
Ing PART IV-K ENGINEER'S ENDORSEMENT:
The ENGINEER will endorse all plans, specifications, payment estimates
AMIL and engineering data furnished by him.
PART IV-L NON-DISCRIMINATION CIVIL RIGHTS ACT OF 1964:
The ENGINEER agrees that he will comply with all Federal and State laws
and Federal regulations and directives pertaining to nondiscrimination on the
ground of race, color, or national origin in connection with this AGREEMENT,
including procurement of materials and lease of equipment therefor, in
accordance with attached Exhibit "A" incorporated in and made a part hereof.
PART IV-M NON-DISCRIMINATION:
The Engineer, 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, sex or national origin in the selection and retention of
■ subcontractors. The Engineer will comply with Title VI of the Civil Rights
t� Act of 1964, as amended. More specifically, the Engineer 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
Engineer for work to be performed under a subcontract, including procurements
of materials or equipment, each potential subcontractor or supplier shall be
6
Work Plan 281002.5 BRYAN & ASSOCIATES 87-143
City of Jefferson
notified by the Engineer's obligations under this contract and the regulations
relative to non-discrimination on the ground of color, race or national
origin.
PART V ENCUMBRANCE:
The total amount encumbered under this AGREEMENT is
*** THIRTEEN THOUSAND EIGHT HUNDRED EIGHTY SIX and 46/100 DOLLARS ***
($13,886.45).
and the CITY may authorize up to this amount without prior approval of the
Missouri Highway & Transportation Department or Federal Highway
Administration.
WART VI CONCLUSION:
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed as of the day and year written below.
Executed by the CITY this day of 1988, at City of
Jefferson, Missouri.
FOR: CITY OF JEFFERSON
BY:
o s ar ner, r
ATTEST:
ary c - Clerk-
Executed by the ENGINEER this �Df day of 1988, at
Jefferson City, Missouri.
FOR: BRYAN & ASSOCIATES
SUL ING ENGI ERS NC.
BY:
a"....
o n rVan, ., Presldknf
1 ATTEST:
o c
My Commission expires
7
Bridge No. 281002.5 BRYAN & ASSOCIATES 87-143
City of Jefferson
EXHIBIT A
Between City of Jefferson, Missouri hereinafter
referred to as "CITY"
and
BRYAN & ASSOCIATES, hereinafter referred to as
the "CONTRACTOR"
1 During the performance of this contract, the CONTRACTOR, for itself, its
assignees and successors in interest (hereinafter referred to as the
"CONTRACTOR") agrees as follows:
(1) Compliance with Regulations: The contractor will comply with the
Regulations of e Department Ot Transportation relative to nondiscrimination
in federally assisted programs of the Department of Transportation (Title 49,
Code of Federal Regulations, Part 21, hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of
this contract.
(2) Nondiscrimination: The contractor, with regard to the work
performed by It atter awar 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, including procurements of materials
and leases of equipment. The contractor will not participate either directly
or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program
set forth in Appendix, "A", "B", and "C" of the Regulations.
(3) Solicitations for Subcontracts" Including Procurements of Materials
and E ui men in all solicitations either DY competitive i ng or
negot ation made by the contractor for work to be performed under a
subcontract, including procurements of materials or equipment, each potential
subcontractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations relative to
nondiscrimination on the ground of race, color or national origin.
( 4) Information and Reports: The contractor will provide all
information ana reports required y the Regulations, or orders and
instructions issued pursuant thereof, and will permit access to its books,
records, accounts, other sources of information, and its facilities as may be
pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a contract is in the
exclusive possession of another who fails or refuses to furnish this
information, the contractor shall so certify to CITY, Missouri Highway &
Transportation Commission or the Federal Highway Administration, as
appropriate, and shall set forth what efforts it has made to obtain the
information.
8
Bridge No. 281002.5 BRYAN & ASSOCIATES 87-143
City of Jefferson
(5) Sanctions for Noncompliance: In the event of the contractor's
noncompliance with e nondi scrim scriml nation provisions of this contract, CITY
shall impose such contract sanctions as it or the State Highway Commission or
Federal Highway Administration may determine to be appropriate, including, but
not limited to,
(a) withholding of payments to the contractor under the contract
until the contractor complies, and/or
(b) cancellation, termination or suspension of the contract, in
whole or in part.
(6) Incorporation of Provisions: The contractor will include the
provisions of paragraph roug 6) in every subcontract, including
procurements of materials and leases of equipment unless exempt by the
Regulations, order, or instructions issued pursuant thereto. The contractor
will take such action with respect to any subcontractor or procurement as
CITY, Missouri Highway & Transportation Commission or the Federal Highway
Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance; provided however, that in the event a contractor
becomes involved in, or is threatened with, litigation with a subcontractor or
supplier as a result of such direction, the contractor may request CITY, State
or the United States to enter into such litigation to protect their respective
interests.
1
9
WORK PLAN
EXPERIMENTAL PROJECT - Category 2
BEBO Precast Concrete Arch - A42
PURPOSE: This experimental project is to evaluate the BEBO
A42 to determine its ability to perform satisfactorily as a
bridge member. This structure has been designed for
replacement of Bridge No. 261002.5, West Main Street,
Project BRM-3115(501 ) , Cole County, Missouri .
INSTALLATION: The BEBO A42 system will be manufactured and
installed under the supervision of Hancock Concrete Products
Co. Inc. of Minneapolis, MN. The requirements contained in
the contract, plans and specifications shall control .
Control points will be set to allow measurement of movements
of the precast units with respect to each other and as a
total unit.
INSPECTION: Site inspections will be by Bryan & Associates
Consulting Engineers, Inc. personnel .
FABRICATION: Already complete. Certifications and test
reports will be reviewed for their conformance with the
construction plans and specifications.
TRANSPORTATION: Review method of loading and support of
elements during transit. Observation of unloading
operation.
ERECTION: Still picture documentation of installing and
connecting elements. Observation of erection
procedure.
SEALING: Observe installation of joint seals for
compliance with manufacturers recommendations and
construction plans and specifications.
BACKFILLING: Observe type and placement of fill material
for compliance to the construction plans and
specifications.
r
1
r
5
March 196®
A field log will be maintained containing all information
pertinent to this work plan.
All construction related problems will be noted for use in
determining the suitability of this product for future
applications.
r
FUTURE INSPECTIONS: Field inspections will made during the months
of January and July for a period of five years starting
in January 1999 to monitor any movements of the
structure or the individual elements with respect to
each other. Any cracks or significant movements will
be identified for future monitoring at successive
inspections.
rREPORTS: The first report will be prepared and submitted at the
completion of the construction phase. This report will
address any problems encountered during the
fabrication, transportation, erection, and backfilling
phases. Preliminary recommendations will be made
concerning the procedures for future applications of
this product.
Progress reports will be submitted after each scheduled
biannual inspection to report field observations,
measurements and general inspection data. These
progress reports will also indicate recommended changes
in the scope of future biannual inspections dependent
on actual observations different than anticipated at
this time.
A final report will be prepared at the completion of
the last biannual inspection summarizing the findings
of the work.
1
Attached is an itemized scope of work outlining estimated costs
to perform the work.
1
1 2
1
GENERAL SCOPE OF WORK - ESTIMATED COSTS
EXPERIMENTAL PROJECT - Category 2 Page 1 of i
BEBO Precast Concrete Arch - A42
8&A B&A
Manhrs per hr Labor Expenses
Fabricat'n Documentat'n Review 8.0 15.00 120. 00
Site Installation Inspection 32.0 7.50 240.00
Backfilling Inspection 40.0 10.00 400.00
Office Analysis Time 20.0 15.00 300.00
Report of Construction 20.0 15.00 300.00
Photography 50.00
Subtotal : 120.0 1360.00 50.00
BIANNUAL INSPECTIONS:
Field Observation/Inspection 2.0 15.50 31.00
Measurement of Movements 6.0 10.00 60.00
Office Analysis Time 8.0 15.50 124. 00
Progress Report 8.0 15.50 124.00
Photography 10.00
AAML ow Subtotal 24.0 339. 00 10.00
----------------x-10-inspections-----240_0-------------3390-00----100_00-
Final Report Preparation 32. 0 16.00 512.00
----------.---------------------------------------------------------------
Total : 392.0 5262.00 150.00
Direct S&A Labor Cost: 5262.00
Overhead Percentage 127%
as of 12/87 6682.74
Profit (15% of Direct Labor & Overhead) 1791. 71
B&A Direct Expenses 150.00
Total Contract -13886. 45
r