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HomeMy Public PortalAboutORD09256 f BILL NO . INTRODUCED BY COUNCILMAN ORDINANCE NO . AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND DIRECTING THE 14AYOR AND CLERK OF THE CITY TO EXECUTE A WRITTEN AGREEMENT FOR ENGINEERING SERVICES DURING CONSTRUCTION WITH LARKIN AND ASSOCIATES UNDER THE FEDERAL AID URBAN PROGRAM. 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 an agreement for engineering services during con- struction with Larkin and Associates under the Federal Aid Urban Program. SECTION 2 . Said agreement shall read in words and figures as follows : (SEE ATTACHED) SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed.:.. � /f Approved: P esi.Lnt q ouncil P4 yo ATTEST: City Cle k -1- �I' FAU M-3111(501) AGREEMENT FOR ENGINEERING SERVICES DURING CONSTRUCTION THIS CONTRACT, hereinafter called the "AGREEMENT", made at Jefferson City, Missouri this day of jj� g by and between the CITY OF JEFFERSON CITY, MISSOURI, a municipal corporation with offices at 240 E. High St. , Jefferson City, Missouri, 65101, hereinafter called the "CITY", and LARKIN & ASSOCIATES, a partnership of registered professional engineers consisting of Robert A. Van Wye, Glenn C. Gray, Wallace W. Beasley, Robert W. Lamberton, Kenneth J. Vaughn, David V. Owsley, and James E. McClanahan, 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 from U.S. Highway 54 to Leslie Boulevard in Jefferson City, Missouri. AND WHEREAS the CONSULTANT has prepared for the CITY, Plans and Speci- fications and other construction contract documents for the above described work, hereinafter referred to as the PROJECT, AND WHEREAS the CITY intends to let a contract for the construction of the PROJECT, AND WHEREAS the CITY is authorized and empowered to contract with the CONSULTANT for engineering services during construction of the PROJECT, AND WHEREAS necessary funds for payment of said services are available, NOW THEREFORE, the CITY hereby hires and employs the CONSULTANT in accordance with the following AGREEMENT: PART A - DEFINITIONS: The following definitions shall apply to this AGREEMENT: (1) "Contract" or "Contract Documents": The Plans for the PROJECT consisting of forty-four (44) sheets, dated 1-12-79 ; the Project Manual for the PROJECT, dated 1-12-79 ; and . all other documents as defined and listed in the Regulations of the Contract and in the Specifications included in said Project Manual. -2- • FAU M-3111.05011 (2) "Owner"y "Purchaser" or "Party of the First Part": As defined ® in said Regulations of the Contract. "CITY" as defined in this AGREEMENT. (3) "Contractor": The Contractor for construction of the PROJECT, as defined in said Regulations of the Contract. (4) "Subcontractor": As defined in said Regulations of the Contract. (S) "Engineer": As defined in said Regulations of the Contract. "CONSULTANT" as defined in this AGREEMENT. (6) "Resident Project Repiesentative": "Construction Representative" or "Project Representative" as defined in said Regulations of the Contract. (7) "City Engineer": A full-time CITY-employed engineer, designated by the CITY, in responsible charge of administering the construc- tion of the PROJECT. PART B - BASIC CONSTRUCTION ENGINEERING SERVICE: ® During the PROJECT construction phase the CONSULTANT shall furnish the following services in accordance with the following conditions: (1 ) Consult with and advise CITY and act as its representative under the direction of the City Engineer as provided in said Regulations of the Contract. The extent and limi- tations of the duties, responsibilities and authority of the CONSULTANT as assigned in said Regulations of the Contract shall not be modified without CONSULTANT'S written consent. All of CITY'S instructions to Contractor will be issued through CONSULTANT who will have authority to act on behalf of CITY to the extent provided in said Regulations of the Contract except as otherwise provided in writing. CITY may give instructions directly to Contractor in event of emergency. (2) Make periodic visits to the site to observe as an experienced and qualified design professional the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. The CONSULTANT shall not be required to make exhaustive • or continuous on-site inspections to check the quality or quantity of work. The CONSULTANT shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by Contractor or the safety pre- cautions and programs incident to the work of Contractor. The CONSULTANT'S efforts will be directed toward providing assurance for CITY that the completed PROJECT will conform to the Contract Documents, but the CONSULTANT shall not be responsible for the failure of Contractor to perform the construction work in accordance with the Contract Documents. During such visits and on the basis of his on-site observa- tions the CONSULTANT shall keep informed of the progress • ' -3- PAU M-3111(501) of the work, shall endeavor to guard CITY against defects and deficiencies iii the work of Contractor and may disapprove or reject work as failing to conform to the Contract Documents. (3) Review and approve shop drawings (as that term is defined in said Regulations of the Contract) , samples and certifi- cations, the results of tests and inspections and other data which Contractor is required to submit, but only for conformance with the design concept of the PROJECT and compliance with the information given in the Contract Docu- ments; determine the acceptability of substitute materials and equipment proposed by Contractor; and receive and review (for- general content as required by the Contract Documents) maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by Contractor in accordance with the Contract Documents. (4) Issue all instructions of CITY to Contractor; prepare routine change orders as required. The CONSULTANT may, as CITY'S representative, require special inspection or testing of the work. The CONSULTANT shall act as interpreter of the requirements of the Contract Documents and judge of the perfor- mance thereunder by the parties thereto and shall assist the City Engineer in making decisions on all claims of CITY and Contractor relating to the execution and progress of the work and all other matters and questions related thereto; but CONSULTANT shall not be liable for the results of any such interpretations or deci- sions rendered by him in good faith. (5) Based on his on-site observations as an experienced and qualified design professional and on his review of the payment estimates and accompanying data and schedules, determine the amounts owing to Contractor and recommend in writing payments to Contractor in such ammounts; such recommendations of payment will constitute a repre- sentation to CITY based on such observations and review, that the work has progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning PROJECT upon substantial completion, to the results of any subsequent tests called for in the Contract Documents, and to any qualifications stated in his approval) , but by recommending payment CONSULTANT will not be deemed to have represented that he has made any examination to determine how or for what purposes Contractor has used the moneys paid on account of the contract price, or that title to any of the Contractor's work, materials or equipment has passed to CITY free and clear of any lien, claims, security interests or encumbrances. -4-0 PAU M-3111(501) (6) Conduct an inspection to determine if the PROJECT is sub- stantially complete and a final inspection to determine if the PROJECT has been completed in accordance with the Contract Documents and if the Contractor has fulfilled all of his obligations thereunder so that CONSULTANT may recommend, in writing, final payment to the Contractor. (7) CONSULTANT shall not be responsible for the acts or omissions of the Contractor, any subcontractor or any of the Contractor's or subcontractor's agents or employees or any other persons (except his own employees and agents) at the PROJECT site or otherwise performing any of the work of the PROJECT. (8) The Work of the CONSULTANT will be under the direct control of the City Engineers as defined in Part A herein. PART C - RESIDENT PROJECT REPRESENTATIVE: C-1 General: (1) The CONSULTANT will furnish a Resident Project Representative in order to provide more extensive representation at the PROJECT site ® during construction. (2) Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative, CONSULTANT shall endeavor to provide further protec- tion for CITY against defects and deficiencies in the work, but the furnishing of such Resident Project Representative will not make CONSULTANT responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or for Contractor's failure to perform the construction work in accord- ance with the Contract Documents. (3) With the assistance of CITY personnel the Resident Project Represent- ative will perform the necessary construction staking as set forth in the Project Manual. The CITY will furnish necessary survey equipment and staking material. (4) Resident Project Representative is CONSULTANT'S agent and will act as directed by and under the supervision of CONSULTANT. He will confer with CONSULTANT regarding his actions. His dealings in matters per- taining to the on-site work shall be with CONSULTANT and Contractor. His dealings with subcontractors shall only be through or with the full knowledge of Contractor or his superintendent. He will generally communicate with CITY, property owners along the work, utility agencies and others in connection with the work as directed by CONSULTANT. C-2 Duties and Responsibilities: Resident Project Representative will: (1) Schedules: Review the progress schedule and any other schedule prepared by Contractor and consult with CONSULTANT concerning their acceptability. PAU M-3111(501) (2) Conferences: Attend preconstruction conferences. Arrange a schedule oT progress meetings and other job conferences as required in consultation with CONSULTANT and notify those f expected to attend in advance. Attend meetings, and maintain and circulate copies of minutes thereof. (3) Liaison: Ta) Serve as CONSULTANT'S liaison with Contractor, working principally through Contractor's superintendent and assist him in understanding the intent of the Contract Documents. Assist CONSULTANT in serving as CITY'S liaison with Contractor. (b) As requested by CONSULTANT, assist in obtaining from CITY additional details or information, when required at the job site for proper execution of the work. (4) Shop Drawings, Samples and Certifications: (a) Receive and record date of receipt of shop drawings, samples and certifications which have been approved by CONSULTANT. (b) Receive samples which are furnished at the site by Contractor for CONSULTANT'S approval, and notify CONSULTANT of their availability for examination. (c) Advise CONSULTANT and Contractor or his superintendent immediately of the commencement of any work requiring a shop drawing, sample submission or certification if the submission has not been approved by CONSULTANT. (5) Review of Work, Rejection of Defective Work, Inspections and Tests: (a) Conduct on-site observations of the work in progress to assist CONSULTANT in determining that the PROJECT is proceeding in accordance with the Contract Documents and that completed work will conform to the requirements of the Contract Documents. (b) Report to CONSULTANT and Contractor whenever he believes that any .work is unsatisfactory, faulty or defective-or does not con- form to the requirements of the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made; and advise CONSULTANT and Contractor when he believes work should be corrected or rejected or should be uncovered for observation, or requires special testing or inspection. FAU M-3111(501) . (c) Verify that tests, equipment and system startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that Contractor main- tains adequate records thereof; observe, record and report to CONSULTANT appropriate details relative to the test procedures and startups. (d) Accompany visiting inspectors representing public or other agencies having jurisdiction over the PROJECT, record the outcome of these inspections and report to CONSULTANT. (6) Intrepretation of Contract Documents: Transmit to Contractor the CONSULTANT'S clarifications and interpretations of the Contract Documents. (7) Modifications: Consider and evaluate Contractor's suggestions for modifications in Plans or Specifications and report them with recommendations to CONSULTANT. (8) Records: ® (a) Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings, sample•sub- missions .and certifications, reproductions of original Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Contract. CONSULTANT'S clarifications and interpretations of the Contract Documents, progress reports, and other PROJECT related documents. (b) Keep a diary or log book, recording hours on the job site, weather conditions, inspections, measurements for payment, data relative 'to questions of extras or deductions, list of visiting officials, daily activities; decisions, observations in general and specific observations in more .detail as in the case of observing test procedures. (c) Record names, addresses and telephone numbers of Con- tractor, subcontractors and major suppliers of equipment and materials. (9) Reports. (a) Furnish CONSULTANT periodic reports as required of progress of the work and Contractor's compliance with the approved progress schedule. (b) Consult with CONSULTANT in advance of scheduled major tests, inspections or start of important phases of the work. WAU M-3111(501) (10) 'Payment 'Estimates: Make measurements for payment and prepare ® monthly and final payment estimates for review of CONSULTANT and Contractor. Forward payment estimates to CITY and Con- tractor upon approval by CONSULTANT. (11) Guarantees, Certificates, Maintenance and Operation Manuals: During the course of the work, verify that guarantees, certifi- cates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed; and deliver this material to CONSULTANT for his review and forwarding to CITY prior to final acceptance of the PROJECT. (12) Completion: (a) Before CONSULTANT issues a certificate of substantial completion, submit to Contractor a list of observed items requiring correction. (b) Conduct final inspection in the company of CONSULTANT, CITY and Contractor and prepare a final list of items to be corrected. ® (c) Verify that all items on final list have been corrected and make recommendations to CONSULTANT concerning acceptance. C-3 Limitations of Authority: Except upon instructions of CONSULTANT, Resident Project Representative: (1) Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. (2) Shall not undertake any of the responsibilities of Contractor, subcontractors or Contractor's superintendent. (3) Shall not expedite work for the Contractor. (4) Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. (5) Shall not advise on or issue directions as to safety precautions and programs in connection with the work. (6) Shall not authorize CITY to occupy the PROJECT in whole or in Fart. (7) Shall not participate in specialized field or laboratory tests. FAU M-3111(SO1) PART D - SURVEYING: • The Resident Project Representative will perform all needed surveying and staking with assistance from CITY. personnel and using CI•Tx survey equipment. Sur- vey stakes shall be furnished by the CITY.. PART E - RECORD PLANS: The CONSULTANT will revise the original tracings of the Plans to show those changes made during the construction process, based on the marked-up prints, drawings and other data furnished by the Resident Project Representative to the CONSULTANT, which CONSULTANT considers significant. After completion of the PROJECT and the making of such revisions, the tracings will be delivered to the CITY. PART F - OWNERSHIP OF DOCUMENTS: Following acceptance of the PROJECT by the CITY and completion of the _record plans, the record plans, original staking notes, and all invoices, weight ickets and receipts pertaining to the PROJECT shall become the property of the CITY. The CONSULTANT may, at his option copy any record information and retain it for his records. PART G - COMPENSATION: G-1 Method of Compensation: Compensation for the services here•in- before described shall be on tiie basis of actual costs to the CON- SULTANT plus a lump sum fixed amount to cover profit only. Actual costs will be the sum of Items (1 ) through (4) , inclusive, below. PAU M-3111(501) The lump sum fixed amount will be as given in Item (S) below. Said items (1) through (5) , subject to the provisions of the ® subsequent Items (6) through (11), are as follows: , (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 Seventeen Dollars ($17.00) per hour. No payment for premium overtime wages for any employee shall be made without prior written approval of the CITY. (2) An amount estimated at 40.44 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. If premium overtime work is involved, the CITY will pay this percentage on only the normal hourly rate and not on the additional overtime premium rate. (3) An amount estimated at 60.29 percent of Item (1) above for general and administrative overhead as based on the CONSULTANT'S established practice for allocating indirect costs in accordance with sound accounting principles and business practice. If premium overtime work is involved, the CITY will pay this percentage on only the normal hourly rate and not on the additional overtime premium rate. (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. 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 Seventeen Cents ($0.17)•per mile as of December 24, 1976. Blue line prints on white paper made in CONSULTANT'S office will be included at Ten Cents ($0.10) per square foot. Other reproduction work and materials required will be included at actual cost. (S) A lump sum fixed amount, to cover profit only, of FOUR THOUSAND DOLLARS"(4000.00) (6) The percentages given for 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 ® 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. (8) It is agreed that the estimated total compensation for the services hereinbefore described shall be: THIRTY-SIX THOUSAND FIVE HUNDRED DOLLARS ($36,500.00) (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'downward, 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 G-3 herein. (10) The estimated total compensation in (8) above is based on an esti- mated time of construction of six months. If the actual construc- tion time exceeds this, it shall be considered reasonable cause for negotiation of a supplemental agreement to cover the additional con- struction period. (11) The.property accountability requirements of Federal Aid Highway Program Manual, Volume 1, Chapter 7, Section 2 shall apply to this •AGREEMENT. G-2 Contingencies: There is hereby established a contingency fund of: THREE THOUSAND SEVEN HUNDRED ($3,700.00) to be used for the purposes of compensating for the contingency of actual direct payroll additives or general administrative overhead FAU M-3111(SO1) exceeding the estimated percentages therefor as provided in Item M of Sub Part G-1 herein, for the contingency of actual total costs exceeding estimated total costs as provided in Item (9) of Sub Part G-1 herein, for minor items of extra work performed in accordance with the 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. G-3 Supplemental Agreements: Compensation for major changes in scope, character or complexity of the work, for delay of the PRO- JECT through no fault of the CONSULTANT, so that construction time exceeds that set forth in paragraph G-1 (10) , or for an amount of contingencies, minor items and changes as provided in Sub Part G-2 herein in excess of the contingency fund established in said Sub Part G-2, shall be by supplemental agreements. Said supplemental 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 small receive Federal Highway Administration approval prior to authorization to proceed with any work covered thereby. G-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 G-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. G-5 Release 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. FAU MI (501) PART H - CONSULTANT'S ENDORSEMENT: The CONSULTANT will endorse all Plans, Specifications, payment *estimates and engineering data furnished by him. PART I - 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) Non-technical services in connection with compliance with Contract provisions concerning wages paid and equal employment opportunity and in connection with checking weights at central Portland cement concrete plant and central asphaltic concrete plant. (3) City Engineer as defined in Part A herein. ® (4) Supply personnel, equipment, and stakes needed for the Resident Project Representative to perform staking tasks. 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 herein and 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 per- formance of the work. Whenever the CONSULTANT may desire to subcontract work he shall do so only with prior written consent of the CITY. 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 46ederal Highway Administration shall have the* privilege of inspecting and reviewing the FAU M-3111(501) Ifwork being done by the CONSULTANT and advising with him at any time. Con- ferences are to be held at the request of any of the above named parties r 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 h armon- �ously by the CITY and CONSULTANT, shall be subject 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. 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 15 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. ,RT 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, permits, etc., from public and private sources necessary for the fulfillment of his obligations under this AGREEMENT. -14- FAU 1+1-3111(SO1) 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 Ilk" incorporated in and made a part hereof. PART Q - 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 'B", 'C" and "B" incorporated in and Dade a part hereof. PART R - ACCESS TO RECORDS: The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this AGREEMENT which do not become the property of the CITY as set forth in PART F, and shall make such materials available at his office 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 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 FORTY THOUSAND TWO HUNDRED DOLLARS ($40,200) the CITY may authorize up to this amount without prior approval of the Missouri State Highway Department or Federal Highway Administration. • -15- FAU M-3111(501) IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed as of the day and year first above written. • CITY OF JEFF RSON, M SOURI i By , Tit e LARKI/4SOCl AT ES BY Partner I hereby certify that the execution of this AGREEMENT has been duly authorized by the City Council of the City of Jefferson, Misso ri, by the passage of No. on the 15? day of J ® i ler This Contract is approved as to fo and lega 'ty. Cit Attorney EXHIBIT "A" To Contract Dated ® Between City of Jefferson, Missouri hereinafter referred to as "City" and Larkin and Associates , hereinafter referred to as the "Contractn,;" During the performance of this contract, the Cont rant or ("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 progran►s 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 after awaird:aid prior to completion of the contract work, will nut discrinihiate on the ground of race, color, or national origin in the se!ection 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 o!' 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 hiaterc►ls and Fciuipment: In all solicitations either y 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) lnfOrmatiU!► and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereof, and will permit access to its books, records, acco!►nts, other sources of information, and its facilities as may be determined by the City , State Highway Commission or the Federal Highway Administration to be pertinent to ascertain compliance with!. such Regulations, orders and instructions. Wherc 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 the City , State iiigl,way Commission or the Federal Highway Administration, as appropriate, and shall set forth what effurts it has inadc to obtain the information. . (5) Sanctions for Noncompliance: In the event of the contractor's noncu►nptiance with the nondiscrimination provisions of this contract, the _ City _ shall impose suet► contract sanctions as it or the State Highway Commission or Federal Highway Administration may determine to be appropriatc, including, but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, andlor (b) cancellation, termination or suspension of the contract, in whole or in part. b Incorporation of Provisions: The contractor will include the ruvisiatr through in ever � ) P p 5 of paragraph (l) hrouo t (6) y subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor wiU take such action with respect to any subcontractor or procurement as the City , State Highway Comiission or the Federal IIighway Administration may direct as a means of enforcing such provisions including sanctions for noncumpliance: 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, tho contractor may request the City , State or the United States to enter into such litigation to protect their respective interests. EXHIBIT tB to City Contract No. Federal-Aid Prof ect M-3111(501) City & State ' Jefferson CjtY, issou iris CERTIFICATION OF CONSULTANT I hereby certify that I am a Partner and' du9y authorized representative of the firm of Larkin and Associates, whose address is 9233 Ward Parkway, Kansas City,­*Missoliri, 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 firm 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 i or the above consultant) any fee, contribution; donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract, except as here expressly stated (if any) : I acknowledge that this certificate is, to-be furnished to the City of Gladstone, Missouri, the Missouri State Highway Department • and 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 City, State and Federal laws, both criminal and civil. 4� Date 'Si nature EXHIBIT it City Contract No. Federal-Aid Project M-3111.(501)......7 City & State Jefferson City, Missouri CERTIFICATION OF CITY I hereby certify- that- I- am the Mayor of Jefferson City , 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) : I acknowledge that this certificate is- to be• furnished the Missouri State Highway Department and 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 City, Stat nd Federal laws, both criminal and civil. (Date) ' Signa e S EXHIBIT "D" Federal.k a ��ect 3 11 0 54 Location d" Contracting Agency Si tY�of__Je~'fferson 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 firm 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 Ughway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) (Signature) • ® 0 PAU Proj. No. M-3111(501) COST ESTIMATE OF ENGINEERING SERVICES DURING CONSTRUCTION Note: The following estimate is based on 6 months of full time Resident Project Representation. I. Estimated Man Hours $ Base Salary (a) Partner 60 hrs. @ $17.00 ■ $ 1020.00 (b) Res. Proj . Rep. 1380 hrs. @ 8.56 ■ 11812.80 (c) Chief Technician 60 hrs. @ 11.07 664.20 TOTALS 1500 $ 13,497.00 H. Estimated Salary Costs (a) Base Salary $ 13 497.00 (b) Direct Payroll Additives (40.44%) 5,458.00 (c) Gen. & Admin. Overheads (60.29%) 80137.00 TOTAL SALARY COSTS $ 27,092.00 III. Estimated Direct Non Salary Costs (a) Auto mileage 9660 mi. @ 0.17 ■ 1642.20 (b) Lodging 2593.50 (c) Food 1104.00 TOTAL NON-SALARY COSTS 5,339.00 IV. Estimated Total Costs $ 32,431.00 V. Profit (15% of II) $ 4,063.80 (Round to $ 4,000.00) VI. Estimated Total Compensation $ 36,494.80 (Round to $ 36,500.00) VIX. Contingence (10% of VI) $ 3,650.00 (Round to $ 3,700.00) VIII.Encumberance $ 40,144.80 (Round to $'40,200.00) • Pg. 1 of 3 FAU Project M- 3111(501) METHOD OF COMPUTING COST 6 LUMP SUM FIXED AMOUNT Proposed Agreement For Engineering Services During Construction STgpIUM BOULEVARD (U.S. Hwy SO to Leslie Blvd.) JEFFERSON CITY, MISSOURI I OVERHEAD COSTS: Direct payroll additives are -estimated at 40.44 percent of base salary, and general and administrative overhead is estimated at- 60.29 per cent of base salary. Details are given on Pages 2 and 3 hereof. Overheads are herein defined as the sum of direct payroll additives plus general and administrative overhead. Total salary • cost is defined as base salary cost plus overheads . 11. COMPENSATION: Compensation is based on actual costs ,• •which include total salary cost plus direct non-salary cost, plus a lump sum amount to cover profit . The lump sum amount for profit is to be negr= •: :cd based on factors involved in this particular instance , but it -is not anticipated that it will exceed fifteen (15) percent of estimated total salary cost. Upon completion of the CONSULTANT' S work the actual total salary cost incurred will be adjusted, upward or downward, to reflect the actual overheads for the period in .which the cost was in currcd. The lump sum fixed amount will not be changed simply because actual costs may differ from those estimated. Adjustments in the lump sum fixed amount may be agreed on for major changes in scope , character oX complexity of the work, or for undue delay of the work through no fault of the CONSULTANT, but such agreements must'be approved. by. the Federal. Highway Administration prior to doing any work thereunder. Larkin 4 Assoc ates Page 2 of 3 PAU Project M- 3111(501) • ESTIMATED OVERHEAD COSTS FOR CALENDAR YEAR 197S (Based on 1974 Cost Accounting Records) Payroll' Addi't'i've's' Ws' Pe'rVeh't E Base 'S'al'ary: Payroll Tax ' 7.17 Re t i roment . 7.32 Health 4 Accident Insurance 7.11 Vacation Pay 6.13 Hol i day Pay 2.72 Sick Leave Pay• 1.90 Incentive Pay 8F__os__- 40.E 44 Gglr.al and Admih'i's'tra't'iiie' Overhead as Percent' of Base Salary: Clerical 6.85 Telephone 3.02 Dues I Subscriptions 1.61 Accountant $ Legal Services 1.31 Office Supplies 3.38 Postage 0.74 Maintenance . 0.44 ifiscellancous 0.02 Depreciation 1.11 General Insurance 8.01 Rent 8.11 • General Taxes 0.45 Survey Stakes 0.20' Squi ment Rental 2.50 p ` � 19.36 • Non-Pro ect Salary Cost _ 3.18 6o.2s Non-Proiect General Expense Larkin $ Associates Page 3 of 3 FAU Project M- 3111(501) r NOTES CONCERNING OVERHEAD COSTS 1. Costs are computed in accordance with PPM 40-6 and "Exhibit A. Attachment to Memorandum about Employment of Consultants .for Engineering Services, PPM 40-611. 2. Costs do not include interest, contributions, advertising, enter- tainment or uncollectible charges to clients. 3. Partners' base salary rate of $17 .00 'per hour is based on examination, of published salary surveys in Kansas and Missouri. 4. Retirement and incentive pay are based - on previously established Oscellaneous ans where employees have full understanding thereof. 5. includes free coffee for employees, flowers to employees or families when in hospital , annual company outing and school tuition for employees , all in accordance with Secs . 1-15. 205-10 and 1-15 . 205-44 of Federal Procurement Regulations . 6. Non-project salary cost includes general administration, unassignable staff time and costs. of attendance to meetings for precontractual negotiations. 7. Non-project general expense is primarily travel expenses not charged to clients. B. Records and derivations are at Larkin $ Associates' office. • and are available for review. .