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Home My Public Portal AboutORD09678 BILL NO. gl•�� INTRODUCED BY COUNCILMAN ORDINANCE NO. (p 7 Q AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND THE CLERK OF THE CITY OF JEFFERSOW TO EXECUTE AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH BURNS AND MCDONNELL RELATING TO THE JEFFERSON CITY RESOURCE RECOVERY PROJECT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1. The Mayor and the Clerk of the City are hereby authorized and directed to execute an agreement for professional engineering services with Burns and McDonnell relating to the Jefferson City Resource Recovery project. SECTION 2. Said agreement shall read in words and figures . as set forth in Exhibit "A" attached hereto and made a part hereof as though fully set forth herein. (SEE ATTACHED) SECTION 3. This ordinance shall be in force and effect from and after the date of its passage and approval. Passed Approved OTC. Z-1p .N' res dent of tiffe Council Mayo ATTEST: ILJL Cit Clerk ' EXHIBIT "A" AGREEMENT ' for PROFESSIONAL ENGINEERING SERVICES ® Between CITY OF JEFFERSON CITY JEFFERSON CITY, MISSOURI and BURNS & McDONNELL ENGINEERING COMPANY, INC. KANSAS CITY, MISSOURI THIS AGREEMENT made as of , 19 , by and between the City of Jefferson City (hereinafter called OWNER and Burns & McDonnell Engineering Company, Inc., a Missouri Corporation specializing in consulting engineering services (hereinafter called ENGINEER). OWNER from time to time requires professional engineering services in connection with the planning, design, construction, operation, maintenance, management, and financing of various projects required to serve the OWNER'S facilities- Therefore, OWNER and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as OWNER'S professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to OWNER during the performance of his services. All services shall be performed under the direction of a professional engineer registered in the State of Missouri and qualified in the particular field. SECTION 1 - AUTHOR-IZATION OF SERVICES Services on any assignment shall be limited to, and undertaken only upon written Authorization of OWNER and agreement of ENGINEER. SECTION 2 - BASIC SERVICES OF ENGINEER ENGINEER shall: , 2.1 Perform professional engineering services in connection with specifically authorized Projects as hereinafter stated which shall include normal civil, structural, mechanical and electrical engineering services and normal architectural design services incidental thereto. 2.2 Advise OWNER as to the necessity of obtaining services or data from others, make recommendations as to the possible sources of such services, and act as OWNER's representative in connection with any such services. Services to be provided by others may include property, boundary, right-of-way, topographic and utility surveys ; core borings, probing and subsurface investigations, laboratory tests and inspections of samples and materials, and other special consultations as may be desirable. PBPES.JCM A-1 SECTION 3 - RESPONSIBILITIES OF OWNER OWNER shall : 3 . 1 Provide full information as to his requirements for the Project. 3 . 2 Assist ENGINEER by placing at his disposal all avail- able information pertinent to the assignment including previous reports and any other data relative thereto. 3 . 3 Guarantee access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform his services under this Agreement. 3 . 4 Examine all studies , reports , sketches , estimates , Bid Documents , Drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 3 . 5 Provide such professional legal , accounting, financial and insurance counseling services as may be required for the Project. 3 . 6 Designate in writing a person to act as OWNER'S repre- sentative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions , receive information, interpret and define OWNER'S policies and decisions with respect to materials , equipment, ele- ments and systems to be used in the Project, and other matters per- tinent to the services covered by this Agreement. 3 . 7 Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any defect in the Project. However, OWNER is under no obligation or responsibility to ENGINEER to review or inspect ENGINEER'S work. ENGINEER, in all respects , will be responsible for ENGINEER' S work under this Agreement. 3 . 8 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as maybe necessary for completion of the Project. SECTION 4 - PERIOD OF SERVICE 4 . 1 This Agreement will become effective upon the first written notice by OWNER authorizing services hereunder. S 4 . 2 This Agreement shall be applicable to all assignments authorized by OWNER and accepted by ENGINEER subsequent to the date of its execution and shall be effective through December 31 , 1982 . At that date, upon mutual agreement of the parties hereto, this Agreement may be extended, renegotiated, or terminated. 4. 3 Performance time for individual assignments shall be agreed upon at the time of authorization. Work shall be started within ten (10) days of authorization and prosecuted expeditiously to an early completion. PBPES .JCM A-2 SECTION 5 - PAYMENTS TO ENGINEER 5.1 Amount of Payment For providing services as herein described, OWNER shall pay ENGINEER the sum of the amounts determined as follows: 5.1 .1 For time spent by employees of ENGINEER in performing all services an hourly rate equal to (a) Actual hourly salary rate, exclusive of taxes and fringe benefits, plus (b) 30 percent of (a) to cover payroll overheads such as social security contributions, unemployment and payroll taxes, workmen's compensation, health and retirement benefits, sick leave, vacation, holiday pay and other directly related employee costs, plus (c) 100 percent of the sum of (a) plus (b) to cover administrative costs, general office expense and profit. 5.1 .2 For expenses incurred by ENGINEER in service of OWNER, such as commercial services, authorized travel and subsistence, and automobile rental, the net cost to ENGINEER. 5.1 .3 For services rendered by others such as field surveys, easement descriptions, soil borings, laboratory tests, and special consultations, the net cost to ENGINEER. 5.1 .4 For printing, reproduction and computer services, long distance telephone calls, and use of Company or employee-owned vehicles, an amount as Ask determined from ENGINEER'S current schedule of rates. 5.2 Method of Billing 5.2.1 Monthly statements shall be rendered by ENGINEER to OWNER for payment covering services performed and expenses incurred during the preceding month. 5.3 Time of Payment 5.3.1 Statements shall be due 30 days after date of submittal. Aduun-ts unpa-d�0--ays--af-ter_,ue-shall ear._in-teres#.-at the--rate-of_1-A-f 2-11sroent.per., .Jn on tlt-on--th e�rpa i d�ba�iacac� 5.3.2 Any unsettled claims pertaining to additional services shall not constitute a basis for nonpayment of statements covering authorized work. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Estimates Since ENGINEER has no control over the cost of labor, materials, or equipment, or over Contractor(s' ) methods of determining prices, or over competitive bidding or market conditions, the estimates of construction cost provided for herein are to be made on the basis of his experience and . qualifications and represent his best judgment as a design professional familiar with the construction industry, but ENGINEER cannot and does not guarantee that the bids or the project construction cost will not vary from cost estimates prepared by him. 6.2 Suspension of Services Should OWNER fail to fulfill his responsibilities as provided under Section 3 to the extent that ENGINEER is unduly hindered in his services or if PBPES.JCM A-3 .,� .. OWNER fails to make any payment to ENGINEER on account of his services and expenses within ninety days after receipt of ENGINEER'S bill therefor, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until OWNER has satisfied his obligations under this Agreement. 6.3 Termination This Agreement may be terminated by either party by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is so terminated, ENGINEER shall be paid as provided under Section 5 for all services rendered and expenses incurred to the date of receipt of notice of termination. 6.4 Successor and Assigns OWNER and ENGINEER each binds himself and his successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither OWNER nor ENGINEER shall assign, sublet or transfer his interest in the Agreement without the written consent of the other. 6.5 Extent of Agreement This Agreement represents the entire and integrated agreement between OWNER and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral (except as set forth below) . This Agreement may be amended only by written instrument signed by both OWNER and ENGINEER. IN WITNESS WHEREOF, the by and through its , and Burns & McDonnell Engineering Company, Inc., by its authorized officer have made and executed this Agreement as of the day and year first above written. (OWNER) APPROVED !� , BURNS_-&-Xc-bTNNELL ENGINEERING CO. , INC. PBPES.JCM A-4