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BILL NO. r�3
INTRODUCED BY COUNCILMAN --���-�•1ti.c . �;_,�.-
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING
THE MAYOR AND CLERK OF THE CITY TO EXECUTE A CONTRACT WITH
HORNER & SHIFRIN, INC. , CONSULTING ENGINEERS, FOR PROFESSIONAL
SERVICES FOR INVESTIGATIONS , REPORTS , DESIGN AND SURVEILLANCE
OF CONSTRUCTION OF EXPANSION AND ADDITIONS TO THE WATER
1 POLLUTION CONTROL FACILITIES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI , AS FOLLOWS:
SECTION 1 . The Mayor and Clerk of the City are hereby
authorized and directed, for and in the name of the City, to
execute a written contract with Horner & Shifrin, Inc. , Con-
sulting Engineers , for professional services for investigations ,
reports , design and surveillance of construction of expansion
and additions to the Water Pollution Control Facilities .
SECTION 2 . A copy of said contract is attached hereto.
SECTION 3. This ordinance shall take effect and be '.in
force from and after its passage and approval .
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Passed: - Approved: - /_-----
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Attest:
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CONTRACT FOR PROFESSIONAL SERVICES
FOR INVESTIGATIONS, REPORTS, DESIGN AND
SURVEILLANCE OF CONSTRUCTION OF EXPANSION
AND ADDITIONS TO THE
WATER POLLUTION CONTROL FACILITIES
CITY OF JEFFERSON, MISSOURI
AGREEMENT
THIS AGREEMENT, made this 1,4 day of 1972, by and
between Horner & Shifrin, I.nc. , Consulting En neers, hereinafter referred
to as the "Engineer," and The City of Jefferson, Missouri, hereinafter re-
ferred to as the "City,"
WITNESSETH:
WHEREAS, the City will be required by the State agency of jurisdiction
to provide facilities to effect the equivalent of secondary treatment for
the waste water processed in its treatment plant by 1975; and
WHEREAS, the Council of the City of Jefferson, Missouri, by virtue of
the authority of said Council, has selected the Engineer to perform pro-
fessional services as hereinafter: described; and
WHEREAS, the Engineer is willing to perform said services under the
terms and conditions hereinafter stated;
NOW, THEREFORE, in consideration of the conditions set forth herein-
after, the partiea agree as follows:
ARTICLE I - SCOPE OF PROFESSIONAL SERVICES
The professional services covered under this Agreement include preliminary
investigations and reports, preparation of Plans and Specifications for cer-
tain facilities, surveillance of construction, and special professional
services relating to the work, as enumerated in the following:
A. PRELIMINARY INVESTIGATIONS AND REPORTS
An investigation and report will be made of the existing water pollution
control facilities. This phase of the work will include:
1. Review of operating records of existing facilities.
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2. Determination of additional data required.
3. Execution of additional sampling and testing program as
required.
4.. Projections of future loadings of facilities.
5. Establishment of flow and quality criteria.
6. Establishment of design bases for new facilities.
7. Evaluation of appropriate alternate methods of achieving
required objectives.
8. Development of recommended plan.
9. Preparation of estimates of capital and operating costs.
10. Development of project timetable.
11. Development of plan of financing, including service charge rates.
12. Preparation of report for submittal to State and Federal agencies.
B. . PREPARATION OF PLANS AND SPECIFICATIONS
Plans and Specifications will be prepared for the work required at the.
water pollution control facilities. This phase of the professional services
shall include:
1. Preparation of specifications for, determination of the location
of, and surveillance of subsurface investigations, which investi-
gations may include borings, soil tests and analyses of soil
strength and characteristics.
2. Preparation. of plans for the required facilities. Such plans shall
be prepared in accordance with normally accepted current professional
engineering practices and standards, and shall be executed under
the supervision of professional engineers registered to practice
in the State of Missouri.
3. Preparation of specifications for the equipment, structures,
mechanical and electrical phases of the work, to supplement the
engineering plans.
4. Preparation of construction cost estimates for the required
facilities.
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5. Subject to review by the City's attorneys, preparation of those
documents required to solicit bids, receive bids, and let
contracts for the construction of the respective facilities.
b. Provision of the required number of sets of full size prints of
the construction plans and the required number of sets of plans
reduced to 11 by 17--inch size, together with the required
number of sets of specifications.
7. Assistance to the City in advertising, receiving and analyzing
bids from contractors for the facilities, and making recom-
mendations relating to the award of contracts.
8. Review and checking of detailed shop and erection drawings sub-
mitted by the contractors for compliance with the engineering
plans and specifications.
9. Review and checking of laboratory, ,shop and mill test reports
of materials and equipment.
10. Periodic routine visits to the construction site during construc-
tion to be available for interpretation of the contract drawings
and specifications. The frequency of these visits shall not
exceed one per month.
11. After preliminary testing by the Contractor, assistance to the
City in start-up of equipment and processes to determine that
the various units of construction are operating in conformance
with the engineering design, including witnessing performance
tests required of the Contractor by the construction documents.
TW C. SURVEILLANCE OF CONSTRUCTION
When authorized by the City to perform surveillance of construction,
this phase of the professional services shall include:
1. Furnishing and services of resident Project Representatives, and
other field personnel for continuous on-the-site observation of
construction and for the performance of required construction
layout surveys. The authority and duties of such resident Project
Representatives are limited to examining the material furnished
and observing the work done, and to reporting their findings to
the Engineer. The Engineer will use the usual degree of care
and prudent judgment in the selection of competent Project
Representatives, and the Engineer will use diligence to see that
the Project Representatives are on the job to perform their
required duties. It is agreed, however, that the Engineer does
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not underwrite, guarantee or insure the work done by the con-
tractors, and, since it is the contractors ' responsibility to
perform the work in accordance with the Contract Documents, the
Engineer is not responsible or liable for the contractors ' failure
to do so, and, so long as the Engineer has exercised the usual
degree of care and prudent judgment in selecting Project Representa-
tives and has used diligence to see that they are on the job to
perform the work, failure by any Project Representatives or other
personnel engaged in on-the-site observation to discover defects
or deficiencies in the work of the contractors shall never re-
lieve the contractors for liability therefor or subject the
Engineer to any liability for any such defect or deficiencies.
2. Consultation with the City on problems of construction.
3. Preparation of supplementary sketches required to resolve actual
field construction problems .
4. Assistance to the City in maintaining accounts and records for
the control of payments to contractors.
5. Preparation of as-built plans.
D. SPECIAL PROFESSIONAL SERVICES
This phase of the professional services shall include:
l. . Assistance to the City in preparing documents for the application
for and the administration of Federal and/or State grants-in-aid.
2. Preparation of special reports relating to the financing of the
facilities.
3. Preparation of operating manuals for the facilities.
4. Furnishing necessary training and instruction to completely famil-
iarize operating personnel with the operation and maintenance of
equipment, coordination of laboratory and plant controls, and
other functions presented in the operating manual.
5. Additional engineering and drafting expense due to significant
changes ordered by the City, or due to other changes made
necessary by circumstances beyond the control of the Engineer,
after substantial completion of the Plans and Specifications.
6. In the event that Horner & Shifrin, Inc. , is not authorized to
perform surveillance of construction, furnishing of any of the '
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professional services during construction, included in Article I,
Section C. In such event, said services would include consulta-
tions with any third party retained by the City to perform the
surveillance' of construction.
7. Other engineering services authorized by the City, not included
in A, B and C.
ARTICLE II - FURNISHED BY THE CITY
Aft
qr The City will furnish to the Engineer all reports, maps, Plans, Speci-
fications, operational data and other information which it may have available
and which may have a bearing upon the work to be done under this Agreement.
Where it is required, in the judgment of the Engineer, to determine
the precise location of underground utilities and obstructions, the City
shall furnish all labor, equipment and materials necessary to expose such
underground utilities and obstructions to permit measurements to be taken
. by the Engineer.
Where, in the judgment of the Engineer, subsurface information is re-
quired as to soil characteristics and strength and as to location and quality
of rock, all borings, investigations, analyses and tests shall be carried
out at the expense of the City. However, the specifications for, the deter-
mination of the locations of the borings, and the supervision of the boring
operations shall be the responsibility of the Engineer as set forth under
Article I, Section B, paragraph 1.
The City shall bear the expense of all testing required to be done by
testing laboratories.
ARTICLE III - TIME OF PERFORMANCE
The preliminary investigations and reports outlined in Article I, Sec-
tion A, shall be completed and submitted to the City and to the appropriate
agencies of jurisdiction by November 30, 1972.
After approval of the preliminary investigations and reports by the
agencies of jurisdiction, the Engineer shall proceed with the preparation
of Plans and Specifications, as outlined in Article I, Section B. The said
Plans and Specifications shall be completed and submitted for approval by
the City and the State and Federal agencies of jurisdiction within twelve
months after approval of the preliminary report by all agencies of juris-
diction, including the City.
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The professional services outlined in Article I, Section C, "Surveillance
of Construction" and in Article I, Section D, "Special Professional Services,"
shall be performed as required during the course of the work.
It is mutually understood that shoo'.d delays occur which are beyond the
control of the Engineer, the times of cu,:iuletion herein stated shall be ex-
tended as required.
ARTICLE IV - FEES AND PAYMENT
Payment for the professional services outlined in Article I, Section A,
"Preliminary Investigations and Reports," in Article I, Section C, "Sur-
veillance of Construction," and in Article I, Section D, "Special Professional
Services," shall be made to the Engineer by the City on the basis of two
times the actual current salary cost of the Engineer as such salary cost
is defined in the American Society of Civil Engineers' Manual No. 45,
"Consulting Engineers, A Guide for the Engagement of Engineering Services,"
(1972) , plus such other out-of-pocket costs accruing to the Engineer. The
Engineer shall submit statements for these services every month, and the
statements shall be due and payable upon receipt by the City.
Payment for the professional services outlined in Article I, Section B,
"Preparation of Plans and Specifications," shall be made to the Engineer by
the City on the basis of a percentage of the construction cost of the facilities,
which percentage shall be determined from the current recommendations outlined
in the American Society of Civil Engineers' Manual No. 45 "Consulting Engineers,
A Guide for the Engagement of Engineering Services," (1972) for projects of
above-average complexity, as shown on Figure 1, attached. Each portion of
the project for which separate Plans and Specifications are prepared shall
be considered to be a separate project. Monthly progress payments shall be
made on the basis of seventy-five per cent (75%) of an agreed upon preliminary
estimate of the engineering fee for each project, prorated on the basis of
the estimated percentage of completion of the Plans and Specifications.
Upon completion of the Plans and Specifications, ninety-five per cent (95%)
of the estimated engineering fee for each project based upon the Engineer's
construction estimate, shall be due and payable. Upon completion of the
construction work, one hundred per cent (100%) of the design fee, bayed upon
actual construction cost for each project, less previous payments, shall be
due and payable.
The payments determined in accordance with the preceding paragraph shall
be reduced by fifteen per cent (15%) which shall be considered a proportionate
amount of the professional services paid for under Article I, Section A,
"Preliminary Investigations and Reports," that is applicable to each project
for which Plans and Specifications are prepared. However, the total amount
deducted from the payments sh_.11 not exceed the fee paid under the provisions
of the first paragraph of this Article for professional services outlined in
Article I, Section A.
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ARTICLE V - ABANDONMENT OR SUSPENSION
In the event of abandonment or suspension of the project or any part
thereof by the City, all drawings and documents relating to the project shall
become the property of the City, and the Engineer shall be paid in proportion
to the services rendered up to the time of abandonment or suspension, with
no allowance for damages or anticipated profit for work not performed.
IN WITNESS WHEREOF, the said Horner & Shifrin, Inc., Consulting Engineers,
have hereunto set their hand and seal, and the City of Jefferson, Missouri,
Was subscribed these presents the day and year above written.
HORNER & SHIFRIN, INC.
Consulting Engineers
CITY OF JEFFERSON, MISSOURI
• ti
By '_
John G. Christy, MAyor
Attest `
Clerk
7
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28 CONSULTING ENGINEERING
14
. Net construction %from
cost Curve A-1971
13 $100,000 11.63
200,000 10.25
500,000 8.52
12 1,000,000 7.53
5,000,000 6.42
10,000,000 6.03
50,000,000 5.70
11 100,000,000 5.64
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• 0.01 0.05 0.1 0.5 1 5 10 50 100
Net construction cost,in millions of dollars
FIG. 1.—CURVE A, MEDIAN COMPENSATION FOR BASIC SERVICES
EXPRESSED AS A PERCENTAGE OF CONSTRUCTION COST FOR
PROJECTS OF ABOVE-AVERAGE COMPLEXITY (1971)
ASCE MANUAL NO. 45 - 1972
Figure No. 1