HomeMy Public PortalAboutORD09006 7/,g/ -�
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BILL NO. AUG 41977�� (,�,
INTRODUCED BY COUNCILMAN
ORDINANCE NO. �iQa
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AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING
E AND DIRECTING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A
WRITTEN AGREEMENT FOR ENGINEERING SERVICES WITH LARKIN AND j
} ASSOCIATES UNDER THE FEDERAL AID URBAN PROGRAM.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, I
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
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execute an agreement for engineering services with Larkin and
i)t Associates under the Federal Air Urban Program.
fl SECTION 2. Said agreement shall read in words and figures I
�C as follows :
s= (SEE ATTACHED)
SECTION 3. This ordinance shall take effect and be in
force from and after its passage and approval.
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Passed; Ot, Approved:_, "
j+ P sident f e Council yor
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ATTEST:
City Cle k
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1977, ...... :. '?-' . .. .�_ ....._ -1-
FAU M-3111 (501)
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T!'7171
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AGREEMENT FOR PROFESSIO ' ''� 1 G.I.NF,ER,T' G S RVICES %P
THIS CONTRACT, hereinafter, called the "AGREEMENT" , made at
Jefferson City, Missouri , this/5_ day of 4mausA 1 197 ,
by and- between the CITY OF JEFFERSON, MISSOURIY a municipal -'corpora-
tion with offices at 240 East High, Jefferson City, Missouri 65101 ,
hereinafter called the "CITY" and LARKIN y ASSOCIATES, a partnership
of registered professional engineers consisting of Robert A. Van Wye,
Glenn C. Gray, Wallace IV. Beasley, Robert W. Lamberton, Kenneth J.
Vaughn, and David V. Owsley, with offices at 9233 Ward Parkway, Kansas
City, Missouri 64114, hereinafter called the "CONSULTANT" .-
WITNESSETH, that whereas the Federal Highway Administration
has accepted the below named work for inclusion in the Federal Aid
Urban Program:
Stadium Boulevard extension from U. S. Route 54 to Leslie
Boulevard, approximately 0 . 51 mile in length; including
necessary storm drainage facilities , signing and marking,
but NOT including street lighting or signalization,
hereinafter called the "PROJECT" .
AND WHEREAS the CITY is authorized and empowered to contract
with the CONSULTANT for engineering services for design of the
PROJECT,
AND WHEREAS necessary funds for payment of said services
are available,
NOW THEREFORE, the CITY hereby hires and employs the CON-
SULTANT in accordance with the following AGREEMENT:
PART A - PRELIMINARY DESIGN LAYOUTS:
A-1 General : The CONSULTANT will prepare the preliminary
design layout or the PROJECT and submit it to the CITY and Missouri
State Highway Department for approval by them and by the Federal
Highway Administration. The layout will show the general nature of
the proposed improvement and will include alignment, grades , geo-
metrics, present and projected traffic, design criteria, typical
roadway sections , proposed pavement type, proposed parking lanes
and restrictions , abutting development and approximate new
right-of-way requirements .
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® FAU M- 3111 (501)
The layout will be in sufficient detail as found to be suit-
able and necessary for purposes of a public hearing. The layout
will be the detailed plans , as provided in Part D herein, developed
to' the stage where they can be used for this purpose.
A-2 Design Standards : The latest editions and revisions of
the following five publications will be considered in design:
1 . Section IX, "Design" , of the Federal Aid Urban
Program Manual published by the Missouri State
Highway Commission.
2, Manual on Uniform Traffic Control Devices.
3. Highway Capacity Manual, by the Highway. Research
Board.
4. A Policy on Arterial Highways in Urban Areas , by the
American Association of State I-Iighwa.y Officials .
5. An Informational Guide for Preparing Private Driveway
Regulations for Major Highways, by AASHTO.
Applicable standard plans and specifications and street and
driveway entrance ordinances and regulations of the CITY will be
considered.
Previous engineering and traffic studies , prepared by or for
the CITY, will be considered and utilized.
PART B - LOCATION-DESIGN PUBLIC HEARING:
The CONSULTANT will utilize information and plans developed
in Part A herein and prepare therefrom exhibits and other submittals
required for a combined location-design public hearing, if held.
The CONSULTANT will attend the public hearing, if held, and will
assist in the conduct of the hearing in all matters pertaining to
the CONSULTANT' S work under Part A herein.
The CONSULTANT' S work under this part will be in accordance
with the requirements of the latest edition and revisions of the
Federal Aid Urban Program Manual and of the .Action Plan, both as
published by the Missouri State Highway Commission.
The scope. of the CONSULTANT' S work is limited to the require-
ments for a nonma or action as provided in said Federal Aid Urban
Program Manual—and Action Plan,
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PAU M-3111 (501)
Or C - .RIGHT-OF-WAY PLANS :
After receiving design approval from the Federal Highway
Administration the CONSULTANT will proceed to prepare and complete.'
the detail plans to the extent required for the CITY to acquire any
needed rights-of-way and easements , such partial' preparations to be
in accordance with the requirements of Part D herein. The CbNSULTANTI S
work under this part will include the following :
(1) Revision of plans previously begun in connection with
the Preliminary Design Layout , as may be required in
connection with design approval .
(2) Preliminary design of drainage and other features of the
PROJECT and drafting on the plan , profile and cross section
sheets as needed to show construction limits and lay out all
needed rights-of-way and easements .
(3) Show all needed rights-of-way and easements on the plans ,
including all information required by the provisions of
Section IX, "Design" , of the Federal Aid Urban Program
Manual.
(4) After approval •of right-of-way Plans , review right-of-
way plans with appraisers , condemnation commissioners
or property owners, when directed by CITY.
(5) Make special preparation for and make court appearances-
and testify in connection with required rights-of-way
and easements, when directed by CITY.
The CITY is acquiring properties on the south side of Russell
Avenue and will demolish existing houses and foundations to below ground
level , filling basements as required, under another program. These
properties will be used for PROJECT right-of-way. The above described
right-of-way plans will not, however , include the information necessary
for acquisition of said properties .
,tT D - DETAIL PLANS, SPECIFICATIONS AND ESTIMATES :
D-1' General : The CONSULTANT will prepare the detail plans ,
specific a tions and estimates so that the CITY may take bids on the
PROJECT. The plans shall generally include a title sheet, typical
section sheets , plan and profile sheets , special intersection layout
sheets if required, standard detail sheets , special detail sheets ,
storm sewer and culvert sheets , summary of quantity sheets and
cross section sheets . All plans will be do standard federal-aid
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FAU M- 3111 C501)
size sheets, 22" x 36", "mylar" or similar base material. Line
work and lettering on sheets will be a combination of ink, plastic
lead or pencil.
D-2 Surveys : The CONSULTANT will provide the necessary surveys ,
throug Central Missouri Professional Services , Inc. , subject to the
provisions of Part J herein, of existing features and facilities to
prepare right-of-way plans and detail plans and specifications. The
CITY, at its option, may provide all or part of such services .
D-3 Subsurface Exploration and Tests: If required for 'design
. and cost estimates,tYie YSU will cause to, have made borings ,
soil investigations and tests .by others, subject to the provisions
of Part .J herein,
D-4 Geometries : The plans and profiles shall show sufficient
detail that iel layout may be made therefrom.
D-5 Storm Drainage : Design of storm drainage facilities and any
necessary channel improvement shall be completed in accordance with the
approved design criteria. The design will be placed on 'the plan,
profile and detail sheets so that the work may be laid out and con-
structed.
D-G Structures : All structures will be drawn in sufficient
detail or construction. However, reinforcing bar schedules and
shop details are not included in this AGI: 7.133NIL"•NT.
D-7 Utilities: The CONSULTANT will perform the following
services in connection with utilities :
(1) Show all - utilities of record on the plans. Show
• names and addresses of utility agencies on the plans .
(2) Design and detail on the plans any necessary relocations
or adjustments of the City of Jeffersonts sanitary sewer
facilities .
(3) Confer and cooperate with utility agencies concerning
necessary adjustment or relocation of their facilities.
(4) Assist CITY in developing utility agreements with other
utility agencies, if required,
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PAU M�3111 (501)
D-8 Si nin and Pavement Marking : The CONSULTANT will provide
signing and pavement marking plans .
D- g Specifications : The CONSULTANT will prepare construction
contract ocuments, special provisi.o::!: and technical specifications ,
making reference to appropriate standard specifications , as required
fo'r bidding , contract award and construction of the PROJECT. Legal
sections wi.11 be submitted for approval of CITY' S attorney.
D- 10 Engin'eer` s' Estimate: The CONSULTANT will compute all
quant' ti s s required for tFc NIZ0J`ECT and prepare an Engincer` s
Estimate of construction cost based on the final approved deta1l
plans , using current unit prices.
D- 11 Number of 'Cop'i.es: During the developmCnt of p] an$ ,
the Cb 1-TT '1`ail providoo the number of copies of completed or
Agb,partially completed PROJECT plans , specifications and reports as
required by approving authorities, utilities, subcontractors and
the CONSULTANT for the proper prosecution of their respective
responsibilities in connection with the PROJECT. Upon approval
of plans and specifications the CONSULTANT will furnish the CITY
with a sufficient number of plans and contract document booklets
containing sp*ccial provisions and legal forms for taking bids and
use during construction.
PART DD - ASSISTANCE IN AWARD OF CONS'T'RUCTION CONTRACT:
When requested by the CITY, the CONSUL'T'ANT will notify respon-
sible contractors of the proposed work and distribute plans , specifica-
tions and other proposed contract documents to all contractors request-
ing them. The CONSUL'T'ANT will assist the CITY in evaluating bids , will
make recommendations on construction contract a:,ard , and will assist in
obtaining approval to award contract. The CONSULTANT will assist the
CITY in preparing construction contracts .
%LAIZT E - TIME SCHEDULES AND PROGRESS REPORTS:
The CONSULTANT will begin work under this AGREEMENT .
within Ten (10) Calendar 'Days after receipt of written notice
to proceed by the CITY.
The CONSULTANT will furnish Preliminary Design Layouts
for approval within ONE HUNDRED TWENTY(120) Calendar Days after receipt of
notice to proceed. .
The CONSULTANT will make required changes in the
Preliminary Design Layouts and prepare exhibits* for the Public
Hearing within TWENTY ONE (21) Calendar Days after notification of
changes required in the Preliminary Design Layouts.
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FAU M-3111 (501)
The CONSULTANT will complete right-o£-way plans within
SIXTY (60) Calendar Days after receiving design approval from
the Federal Highway Administration,
The CONSULTANT will complete detail plans, specifications
and estimates within SIXTY (60) Calendar days after completion of
right-of-way plans .
It is understood that certain pants 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.
It is agreed that time is of the essence, and the
CONSULTANT shall submit to the CITY monthly a Progress. Report.
It shall include scheduled Periods for each of the elements. into
which the COIgSULTANT' S work is divided. Each work clement 'shall
be assigned a percentage of the total worn upon which progress
can be computed. The total percentage complete sh,-,,il be shoa:ji .
The scheduled periods shall also include a time allowance for review
and approvals by the approving authorities .
The* CITY will grant the CONSULTANT extensions of time
for delays recognized by the CITY as unavoidable, provided that
such extensions of time .shall be requested in writing by the
CONSULTANT, stating fully the reasons for sucli *requests.
PART F - COMPENSATION:
F-1 Method of Com ensation: Compensation for the services
erezn a ore described shall be on the basis of actual
costs to the CONSULTANT plus a lump sum fixed amount to
® cover profit only. Actual costs will be the sum of Items
(1) through (4) , inclusive, below.
The lump sum fixed amount will be as given in Item (5) below. Said
Items (1) through (5) , subject to the provisions of the subsequent
Items (6) through (11) , are as follows:
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® FAU M-3111(501)
(1) Actual base salary cost for all employees and partners
for the time that they are productively engaged in work
necessary to fulfill the obligations in connection
with the services hereinbefore described. Partner's
base salary is established at Fifteen Dollars ($15 .00)
per hour. No payment for premium overtime wages for
any employee shall be made.
(2) An amount estimated at 37.36 percent of Item (1) above
for direct payroll additives, including payroll tax,
retirement, health and accident insurance, vacation pay,
holiday pay, sick leave pay and incentive pay.
(3) An amount estimated at 54.81 percent of Item (1) above
® for general and administrative overhead as based on the
CONSULTANT'S establishedi practice for allocating indirect
costs in accordance with sound accounting principles and
business practice. -
(4) Direct non-salary costs which are directly attributable and
properly allocable to the PROJECT. These costs include
the CONSULTANT'S payments to others engaged by him in
connection with the PROJECT and necessary to the fulfillment
of the terms of this AGREEMENT. Local transportation, in-
cluding use of survey vehicle or automobile in connection
with the PROJECT will be included at the CONSULTANT'S
normal charge,. subject to change from time to time, said charge
being Fifteen Cents ($0. 15) *per mile as of May 2, 1977.
Blue line prints on white paper made in CONSULTANT'S
office will be included at Six Cents ($0.06) per square
foot. Other reproduction work and materials required
will be included at actual cost.
(5) A lump sum fixed amount, to cover profit only, of
THREE THOUSAND SIX HUNDRED DOLLARS ($3,600.00)
(6) • The percentages given far direct payroll additives and
general and administrative overhead in Items (2) and .
(3) above are for the purposes of estimating, the total
compensation and of providing a method of monthly payments
to the CONSULTANT. Upon completion of the CONSULTANT'S
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FAU M-3111(501)
work under this AGREEMENT the final payment for said
additives and overhead will be based on accounting
records of the CONSULTANT from which the actual said
additives and overhead incurred during the period of
the AGREEMENT and allocable to it will be established.
If the nature and.extent of the CONSULTANT'S work ,
remain reasonably uniform over the• period of the
AGREEMENT, the CONSULTANT'S accounting records for
a period of time only approximately coincident with
the period of the AGREEMENT may be accepted as a
basis for establishing final payment for said
additives and overhead,
(7) Allowability of costs shall be subject to Federal
Aid Highway Program Manual, Volume 1, Chapter 7,
Section 2 , and to Part 1 - 15 of the Federal Procurement
® Regulations.
(8) It is -agreed that the estimated total compensation for
the services hereinbefore described shall be:
THIRTY FOUR THOUSAND DOLLARS ($34,000.00)
(9) The estimated total compensation given in Item (8) above
is the sum of the CONSULTANT'S estimated total costs
plus the lump sum fixed amount. The actual total costs
may vary, upward or'do„inward; from the estimated total
costs, but the lump sum fixed amount will remain as given
in Item (5) above except as provided under "Supplemental
Agreements” in Sub Part F-3 herein.
(10) The.property accountability requirement; of Federal Aid
Highway Program Manual, Volume 1, Chapter 7, Section•2
shall apply to this AGREEMENT.
F-�2 'Contingencies: There is hereby established a contingency fund
S of:
THREE THOUSAND FOUR HUNDRED DOLLARS ($3,4011.00)
to be used for the purposes of compensating for the contingency of
actual direct payroll additives or general and administrative overhead
exceeding the estimated percentages therefor as provided in Item
'(6) of Sub Part F-1 herein, for the' contingency of actual total
costs exceeding estimated total costs as provided in Item (9) of
Sub Part F-1 herein, for minor.items of extra work performed in
FAU M-3111(501)
accordance with thb CITY'S authorizations, and for minor changes .
required in the work by the CITY. The above stated contingency
fund is for the purpose of compensating the CONSULTANT for his
additional costs and is not to be used as compensation for profit.
The CITY may compensate the CONSULTANT for the above stated pur-
poses up to the amount of the contingency fund without prior
• approval of the Federal Highway Administration.
P`3 Supplemental Agreements: Compensation for major changes in
scope, character or complexity of the work, for undue delay of the
PROJECT through no fault of the CONSULTANT, or for an amount of
contingencies, minor items and changes as provided in: Sut Part F-2
herein in excess of the contingency fund established in said
Sub Part F-2,shall be by supplemental agreements. Said supple-
mental agreements may provide for changes in compensation and
® for equitable adjustments, either upward or downward, in the
lump sum fixed amount. Supplemental agreements shall be signed
by the CITY and CONSULTANT and shall receive Federal Highway
Administration approval prior to authorization to proceed with
any work covered thereby.
Undue delay is defined as that caused by substantially greater
than normal time requirements for approval by the approving authori-
ties or temporary suspension by the CITY of the work under this
AGREEMENT, if through no fault of the CONSULTANT.
F-4 Method of Payment: Upon receipt, .review and approval of
properly documented statements the CITY will make monthly pay-
ments to the CONSULTANT in accordance with the compensation as
specified in this AGREEMENT. Monthly payments will include all
items defined as "cost" for the period covered by each monthly
statement plus a portion of the lump sum fixed amount. Monthly
payments on account of the lump sum fixed amount shall be made
in the amount of sums earned less previous partial payments and
less an established percentage. 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 as given in Item (5)
of Sub Part F-1. said proportion to be the same as the total costs
incurred bear to the estimated total costs. The retainage shall
be Thirty (30) percent of the amount of the lump sum fixed amount
earned. No retainage will be withheld on payment for extra work.
The. CITY will pay to the CONSULTANT the retainage when the
PROJECT construction is completed and approved by the CITY and
the Federal Highway Administration.
F=5 "Rcicase of Retainage: If the work is suspended or unduly
delayed through no fault of the CONSULTANT, retainage withheld
shall be released to the CONSULTANT within Sixty "(60) calendar
days thereafter.
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PAU M-3111(Sol)
PART G - CONSULTANT'S ENDORSEMENT:
The CONSULTANT will endorse all Plans, Specifications, payment
estimates and engineering data furnished by.him.
PART H = OBLIGATIONS 'OF'CITY:
The CITY, at its• own expense, will Provide the following:
(1) Make available to the CONSULTANT all -existing records, maps,
plans and other data possessed by CITY when such are
necessary, advisable or helpful to- the CONSULTANT in the
prosecution of its work under this AGREEMENT.
(2) Furnish all necessary ownership data.
(3) Make excavations, at locations established by and as requested
by CONSULTANT, where necessary for the verification of data on
existing drainage facilities.
PART I - OWNERSHIP OF 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 with-
out restriction or limitation on their use. When such copies are requested,
CITY agrees to pay CONSULTANT its cost of copying and delivering same.
If the CITY incorporates any portion of the CONSULTANT'S work into
any other project than that for which the work was performed, the CITY shall
save the CONSULTANT harmless from any claims or liabilities resulting from
such action.
t
t
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FAU M-3111(501)
® PART J - SUBLETTING, ASSIGNMENT OR TRANSFER:
The CONSULTANT shall not sublet, assign or transfer any interest in
the work covered by this AGREEMENT except as provided for in Part D herein or
except with the prior written consent of the CITY. The use of subcontractors
shall in no way relieve the CONSULTANT from his primary responsibility for the
performance of the work.
It is the intention of the CONSULTANT to engage the subcontractors
named in Part D herein for the specific functions enumerated therewith. If
at any time, however, the CONSULTANT concludes that it would be in the best in-
terests of the CITY to change subcontractors or to change the amounts or types
of work to be subcontracted, the CONSULTANT shall so notify the CITY in writing,
giving reasons for the proposed changes. Upon written consent of the CITY, the
CONSULTANT 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.
' PART K - INSPECTIONS, CONFERENCES AND APPROVALS:
Representatives of the CITY, the Missouri State Highway Department,
and the Federal Highway Administration shall have the privilege of inspecting
and reviewing the work being done by the CONSULTANT and advising with him at
any time. Conferences are to be held at the request of any of the above named
parties or agencies.
PART L - RESPONSIBILITY FOR CLAIMS AND LIABILITY:
The CONSULTANT shall indemnify and save harmless the CITY, the
Missouri State Highway 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 CONSULTANT, its agents, employees or subcontractors
in the execution of the work.
The cost of any insurance policies to meet this specific requirement;
if not normally carried by the CONSULTANT or its subcontractors, will be con-
sidered as a direct non-salary cost which is properly allocable to this PROJECT
for compensation.
PART M - DISPUTES:
Disputes concerning a question of fact, that cannot be resolved harmon-
iously by the CITY and CONSULTANT, shall be su'uject to the rules and procedures
of the American Arbitration Association in effect on the date of the AGREEMENT.
The decision of the Arbiters shall be a condition precedent to. the right of
any legal action.
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FAU Mr3111(S01)
PART N - TERMINATION OF THE AGREEMENT:
The CITY may cancel this AGREEMENT or any part 'thereof at any time by
giving written notice to the CONSULTANT at least IS calendar days prior to the
effective date of the termination. The CONSULTANT shall be paid for the value
of all acceptable work performed prior to the effective date of termination
based on the payment terms of the AGREEMENT. Payment shall not exceed the
total amount encumbered under this AGREEMENT, except as may have been pre-
viously amended in accordance with supplemental agreements.
It is not contemplated that the CONSULTANT shall have any right of
termination other than for such cause as has been established as sufficient at
law.
PART 0 - COMPLIANCE WITH LAWS:
The CONSULTANT shall comply with all Federal , State and local laws,
ordinances and regulations -applicable to the work. He shall secure all licenses,
Aft permits, etc., from public and private* sources necessary for the fulfillment of
his obligations under this AGREEMENT.
PART P - ANTIDISCRIMINATION: •
The CONSULTANT agrees' that he' will comply with all Federal and .
State laws and Federal regulations and directives pertaining to nondiscrimina-
tion 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 COMMISSIONS 'AND FEES:
The CONSULTANT warrants that he has not employed or'retained any
company or person, other than a bona fide employee working solely for the CONSUL-
TANT, 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 CONSULTANT, 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. See attached Exhibits "Bit, "C" and "D" incorporated in and
made a part hereof.
PART'R.w •ACCESS TO'RECORDS:
The CONSULTANT 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 avail-
able at their respective offices at all reasonable times during the AGREEMENT
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FAU M.,3111(501)
period and for three years from the date of final payment under this AGREEMENT
for insepction by the CITY, Missouri State Highway 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 CONSULTANT the cost of making such copies.
PART S - ENCUMBRANCE:
The total amount encumbered under this AGREEMENT is
THIRTY SEVEN THOUSAND FOUR HUNDRED DOLLARS ($37,400.00)
and the CITY may authorize up to this amount without prior approval of the
Missouri State Highway Department or Federal Highway Administration.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed as of the day and year first above written.
CITY 0 ' J _RS , MISS RI
By
Title
LARKIN & ASSOCIATES
By
Partner se
I hereby certify that the execution of this AGREEMENT has been duly
aut r zed by the City Council of the City of Jefferson, Missouri. b the passage
of �r ' � No. �v��_ on the ��_GG day of� ,
ity Clerk Seal
This Contract is approved s v form and al'
• L
i Attorney
i
BILL NO. ��' ,;� AUG 41977
INTRODUCED 13Y COUNCILMAN
ORDINANCE NO. C) 1)
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING
MAYOR OF THE CITY TO EXECUTE A
AND DIRECTING THE
WRITTEN AGREEMENT FOR ENGINEERING SERVICES WITH LARKIN AND ,
ASSOCIATES UNDER THE FEDERAL AID URBAN PROGRAM.
it
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
II MISSOURI , AS FOLLOWS:
�I SECTION 1 . The Mayor and Clerk of the City are hereby j
authorized. and directed, for and in the name of the City, to '
it execute an agreement for engineering services with Larkin and
ii Associates under the Federal Aid Urban Program. �
SECTION 2. Said agreement shall read in words and figures
as follows :
i
(SEE ATTACHED)
SECTION 3. This ordinance shall take effect and be in
fforce from and after its passage and approval .
Passed: ! Approved:
P sident f e Council yor
(I •
ATTEST:
C-L
City Cle. k '
I
EXHIBIT "All
To Contra^.t Dated
Between City of Jefferson, Mj__,;5nuri
hereinafter referred to as "City'
and
Larkin and Associates, hereinafter
referred to as the "Contractor'
During the performance of this contract, the Contractor
("Contractor", "Company", "City", "Utility",)
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 the Department of
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 perfoimed by it after award and prior to completion
of the contract work, will not discriminate on the ground of race,color,or national origin in the selection and retention
of subcontractors, 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 Equipment: In all solicitations either
by competitive. bidding or negotiation 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 and reports required by the Reguations,
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 determined by City , State Highway Commission
or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and
Instructions. Wh:re any information required of a contractor is in the exclusive possession of another who fails or refuses
to furnish this information,the contractor shall so certify to City ,State Highway Commission
or the Federal Highway Administration,as appropriate,and shall set forth what efforts it has made to obtain the information
(5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination
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 p.ryments 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 (1) through (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 , State Highway 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
EXHIBIT "B"
City Contract No.
Federal-Aid Project M-311155011
City do State _ Jefferson Cry, Missouri
CERTIFICATION OF CONSULTANT
I hereby certify that I am the Partner and duly authorized representative of the firm of
Larkin & Associates _ , whose address is g9g3 tVarti p__axkway- Kansas Cit X, Ma._.
and that neither I nor the above firm I here represent has:
(a) employed or retained for a commission, percentage, brokerage,contingent fee, or other consideration, any firm
or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this
contract,
(b) agreed, as an express or Implied condition for obtaining this contract, to employ or retain the services of any
rum or person in connection with carrying out the contract, or
(c) paid, or agreed to pay, to any firm, organization or persons (other than a bona fide employee working solely
for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection
with, procuring or carr,ing out the contract;
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the City of Jefferson,Missouri the Missouri State
Ilighway Department and the Federal I-lighway Administration, U. S. Department of Transportation, In connection with
this contract involving participation of Federal-aid highway funds, and is subject to applicable City, State and Federal
laws, both criminal aAd civil.
a
(Date) S gnature
t
im, NOR
......... .
EXIIIBIT "C"
City Contract No.
Federal-Aid Project M-�i13cs 1,L
City la State ,Jefferson City, Missouri
CERTIFICATION OF CITY
I hereby certify that I am the Director of Public Works
of the City of Jefferson, Missouri, and that the firm of Larkin and
Associates or its representative has not been required, directly or
indirectly as an express or implied condition in connection with
obtaining or carrying out this contract to
(a) employ or retain, or agree to employ or retain, any firm
or person, or
(b) pay, or agree to pay, to any firm, person, or organization. ,
any fee, contribution, donation, or consideration of any kind ;
except as here expressly stated (if any) : NONE*
I acknuwledge that this certificate is to be furnished the
Missouri State Highway Department and the Federal Ilighway Actmi.nistra-
tion, U. S. Department of Transportation , in connection with this
contract involving participation of Fedcral-aid highway funds , and
is subject to applicable City, State , and Federal laws , both criminal
and civil.
A2 ��a
.—
(Date g ature
Federal-Aid Project M- 3111(501)
EXHIBIT "D" Location Stadium Drive
Contracting Agency City of Jefferson
State Missouri
CERTIFICATION OF STATE HIGHWAY DEPARTMENT
I hereby certify that I am the Chief Engineer of the Highway Department of the State of Missouri,and that the consulting
farm of Larkin & Associates or his representative has not been
required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract
to '
(a). employ or retain, or agree to employ or retain, in any firm or person, or
(b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation or consideration
of any kind;
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished the Federal Highway Administration, U. S. Department of
Transportation, in connection with this contract involving participation of Federal-Aid highway funds, and Is subject to
applicable Statc and Fedcral laws, both criminal and civil.
(Date) (Signature)