HomeMy Public PortalAboutORD15220 BILL NO. 2013-122
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO. 16 �11�1 D
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT WITH GEORGE BUTLER ASSOCIATES, INC., FOR THE
HIGHWAY 54 AND STADIUM BOULEVARD INTERCHANGE TRAFFIC STUDY PROJECT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS:
WHEREAS, George Butler Associates, Inc., has been selected as the firm best qualified to provide
professional services related to a traffic study for the Highway 54 and Stadium Boulevard
Interchange project.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. George Butler Associates, Inc., is hereby approved as the best qualified firm to
provide professional services and its proposal is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with
George Butler Associates Inc., for the Highway 54 and Stadium Boulevard Interchange Traffic Study
project.
Section 3. The agreement shall be substantially the same in form and content as that agreement
attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date of its passage
and approval.
Passed: Approved:
Presiding Officer Mayor
ATTEST: APPROVED AS TO FORM:
a',�
City Clerk ity Counselor
ism
SPONSOR: City of Jefferson, Missouri
LOCATION: Highway 54 and Stadium Blvd Interchange Area Improvements
PROJECT: STP- 3111(509)
THIS CONTRACT is between the City of Jefferson, Missouri, hereinafter referred to as the "Local
Agency ", and George Butler Associates, Inc. hereinafter referred to as the "Engineer" or
"Consultant ".
INASMUCH as funds have been made available by the Federal Highway Administration through its
Surface Transportation Program (STP), coordinated through the Missouri Department of
Transportation, the Local Agency intends to improve as necessary the intersections of the on and off
ramps of Highway 54 with Jefferson Street and Christy Drive; Jefferson Street and Stadium
Boulevard; Stadium Boulevard and Christy Drive; Stadium Boulevard and Monroe Street; Christy
Drive and Tanner Bridge Road; Tanner Bridge Road and Monroe Street; and Monroe Street and
Woodlawn Avenue; including the roadways leading to and connecting said intersections; and requires
professional engineering services. The Engineer will provide the Local Agency with professional
services hereinafter detailed for the planning and design of the desired improvements and the Local
Agency will pay the Engineer as provided in this contract. It is mutually agreed as follows:
ARTICLE I — SCOPE OF SERVICES
This Scope will ultimately include a study phase, a design phase, and a construction period services
phase. This agreement only includes the scope for the study phase. The Scope of Service for the
design and construction periods services will be defined under separate supplemental agreements.
See Attachment A for the study phase Scope of Services.
ARTICLE II - DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS:
A DBE Goal: The following DBE goal has been established for this Agreement. The dollar
value of services and related equipment, supplies, and materials used in furtherance thereof
which is credited toward this goal will be based on the amount actually paid to DBE firms.
The goal for the percentage of services to be awarded to DBE firms is of the total
Agreement dollar value.
B. DBE Participation Obtained by Consulta . The Consultant has obtained D participation,
and agrees to use DBE firms to complete,% of the total services to be performed under this
Agreement, by dollar value. The DBE firms which the Consultant shall use, and the type and
dollar value of the services each DBE will perform, is as follows:
Fig. 136.4.1 Contract
1
Revised 1/31/13
DBE FIRM
NAME,
STREET AND
COMPLETE
MAILING
ADDRESS
Vireo
Leigh & O'Kane
TYPE OF
DBE
SERVICE
Public
Involvement
Structural
Engineering
TOTAL $
VALUE OF
THE DBE
SUBCONTRACT
$7,060
$9,600
ARTICLE III - ADDITIONAL SERVICES
CONTRACT
$ AMOUNT
TO APPLY
TO TOTAL
DBE GOAL
$107,650
$107,650
PERCENTAGE
OF
SUBCONTRACT
DOLLAR VALUE
APPLICABLE TO
TOTAL GOAL
6.56%
8.92%
The Local Agency reserves the right to request additional work, and changed or unforeseen
conditions may require changes and work beyond the scope of this contract. In this event, a
supplement to this agreement shall be executed and submitted for the approval of MoDOT prior to
performing the additional or changed work or incurring any additional cost thereof. Any change in
compensation will be covered in the supplement.
ARTICLE IV - RESPONSIBILITIES OF LOCAL AGENCY
The Local Agency will cooperate fully with the Engineer in the development of the project, including
the following:
A. make available all information pertaining to the project which may be in the possession of the
Local Agency;
B. provide the Engineer with the Local Agency's requirements for the project;
C. make provisions for the Engineer to enter upon property at the project site for the performance
of his duties;
D. examine all studies and layouts developed by the Engineer, obtain reviews by MoDOT, and
render decisions thereon in a prompt manner so as not to delay the Engineer;
E. designate a Local Agency's employee to act as Local Agency's Person in Responsible Charge
under this contract, such person shall have authority to transmit instructions, interpret the
Local Agency's policies and render decisions with respect to matters covered by this
agreement (see EPG 136.3);
F. perform appraisals and appraisal review, negotiate with property owners and otherwise
provide all services in connection with acquiring all right -of -way needed to construct this
project.
Fig. 136.4.1 Contract
2
Revised 1/3 U13
ARTICLE V - PERIOD OF SERVICE
The Engineer will commence work within two weeks after receiving notice to proceed from the Local
Agency. The general phases of work will be completed in accordance with the following schedule:
A. The study phase shall be completed by May 30. 2014
B. The schedule for the design phase and the construction period services phase will be defined
under separate supplemental agreements.
The Local Agency will grant time extensions for delays due to unforeseeable causes beyond the
control of and without fault or negligence of the Consultant. Requests for extensions of time shall be
made in writing by the Consultant, before that phase of work is scheduled to be completed, stating
fully the events giving rise to the request and justification for the time extension requested.
ARTICLE VI — STANDARDS
The Engineer shall be responsible for working with the Local Agency in determining the appropriate
design parameters and construction specifications for the project using good engineering judgment
based on the specific site conditions, Local Agency needs, and guidance provided in the most current
version of EPG 136 LPA Policy. If the project is on the state highway system or is a bridge project,
then the latest version of MoDOT's Engineering Policy Guide (EPG) and Missouri Standard
Specifications for Highway Construction shall be used (see EPG 136.7). The project plans must also
be in compliance with the latest ADA (Americans with Disabilities Act) Regulations.
ARTICLE VII - COMPENSATION
For services provided under this contract, the Local Agency will compensate the Engineer as follows:
A. For study phase services, including work through the selection of the preferred improvements,
the Local Agency will pay the Engineer the actual costs incurred plus a predetermined fixed
fee of $7.604.16, with a ceiling established for said design services in the amount of
$107,650.44, which amount shall not be exceeded.
B. The compensation for the design phase and the construction period services phase will be
defined under separate supplemental agreements.
C. The compensation outlined above has been derived from estimates of cost which are detailed
in Attachment B. Any major changes in work, extra work, exceeding of the contract ceiling,
or change in the predetermined fixed fee will require a supplement to this contract, as covered
in Article III - ADDITIONAL SERVICES.
D. Actual costs in Sections A and B above are defined as:
1. Actual payroll salaries paid to employees for time that they are productively
engaged in work covered by this contract, plus
Fig. 136.4.1 Contract
3
Revised 1/31/13
2. An amount estimated at 56.41% of actual salaries in Item 1 above for payroll
additives, including payroll taxes, holiday and vacation pay, sick leave pay,
insurance benefits, retirement and incentive pay, plus
3. An amount estimated at 141.39% plus 0.27% of actual salaries in Item 1 above
for general administrative overhead, based on the Engineer's system for
allocating indirect costs in accordance with sound accounting principles and
business practice, plus
4. Other costs directly attributable to the project but not included in the above
overhead, such as vehicle mileage, meals and lodging, printing, surveying
expendables, and computer time, plus
5. Project costs incurred by others on a subcontract basis, said costs to be passed
through the Engineer on the basis of reasonable and actual cost as invoiced by
the subcontractors.
E. The rates shown for additives and overhead in Sections VII. D.2 and VII. D.3 above are
approximate and will be used for interim billing purposes. Final payment will be based on the
actual rates experienced during the period of performance, as indicated by the Engineer's
accounting records, and as determined by final audit of the Engineer's records by MoDOT.
F. The payment of costs under this contract will be limited to costs which are allowable under 23
CFR 172 and 48 CFR 31.
G. METHOD OF PAYMENT - Partial payments for work satisfactorily completed will be
made to the Engineer upon receipt of itemized invoices by the Local Agency. Invoices will be
submitted no more frequently than once every two weeks and must be submitted monthly for invoices
greater than $10,000. A pro -rated portion of the fixed fee will be paid with each invoice. Upon
receipt of the invoice and progress report, the Local Agency will, as soon as practical, but not later
than 45 days from receipt, pay the Consultant for the services rendered, including the proportion of
the fixed fee earned as reflected by the estimate of the portion of the services completed as shown by
the progress report, less partial payments previously made. A late payment charge of one and one half
percent (1.5 %) per month shall be assessed for those invoiced amount not paid, through no fault of
the Consultant, within 45 days after the Local Agency's receipt of the Consultant's invoice. The
Local Agency will not be liable for the late payment charge on any invoice which requests payment
for costs which exceed the proportion of the maximum amount payable earned as reflected by the
estimate of the portion of the services completed, as shown by the progress report. The payment,
other than the fixed fee, will be subject to final audit of actual expenses during the period of the
Agreement.
H. PROPERTY ACCOUNTABILITY - If it becomes necessary to acquire any specialized
equipment for the performance of this contract, appropriate credit will be given for any
residual value of said equipment after completion of usage of the equipment.
Fig. 136.4.1 Contract
4
Revised 1/31/13
ARTICLE VIII - COVENANT AGAINST CONTINGENT FEES
The Engineer warrants that he has not employed or retained any company or person, other than a
bona fide employee working for the Engineer, to solicit or secure this agreement, and that he has not
paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warranty, the Local Agency shall
have the right to annul this agreement without liability, or in its discretion to deduct from the contract
price or consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee, plus reasonable attorney's fees.
ARTICLE IX - SUBLETTING, ASSIGNMENT OR TRANSFER
No portion of the work covered by this contract, except as provided herein, shall be sublet or
transferred without the written consent of the Local Agency. The subletting of the work shall in no
way relieve the Engineer of his primary responsibility for the quality and performance of the work. It
is the intention of the Engineer to engage subcontractors for the purposes of:
Sub - Consultant Name
Central Missouri
Professional Services, Inc
Vireo
Leigh & O'Kane
Address
2500 E. McCarty St.
Jefferson City, MO
929 Walnut, Suite 700
Kansas City, MO
9201 Ward Pkwy, Suite 301
Kansas City, MO
ARTICLE X - PROFESSIONAL ENDORSEMENT
Services
Design
Public Involvement
Structural Engineering
All plans, specifications and other documents shall be endorsed by the Engineer and shall reflect the
name and seal of the Professional Engineer endorsing the work. By signing and sealing the PS &E
submittals the Engineer of Record will be representing to MoDOT that the design is meeting the
intent of the federal aid programs.
ARTICLE XI - RETENTION OF RECORDS
The Engineer shall maintain all records, survey notes, design documents, cost and accounting
records, construction records and other records pertaining to this contract and to the project covered
by this contract, for a period of not less than three years following final payment by FHWA. Said
records shall be made available for inspection by authorized representatives of the Local Agency,
MoDOT or the federal government during regular working hours at the Engineer's place of business.
Fig. 136.4.1 Contract
5
Revised 1/31/13
ARTICLE XII - OWNERSHIP OF DOCUMENTS
Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become
the property of the Local Agency upon termination or completion of work. Basic survey notes,
design computations and other data prepared under this contract shall be made available to the Local
Agency upon request. All such information produced under this contract shall be available for use by
the Local Agency without restriction or limitation on its use. If the Local Agency incorporates any
portion of the work into a project other than that for which it was performed, the Local Agency shall
save the Engineer harmless from any claims and liabilities resulting from such use.
ARTICLE XIII — SUSPENSION OR TERMINATION OF AGREEMENT
(A) The Local Agency may, without being in breach hereof, suspend or terminate
the Consultant's services under this Agreement, or any part of them, for cause or for the convenience
of the Local Agency, upon giving to the Consultant at least fifteen (15) days' prior written notice of
the effective date thereof. The Consultant shall not accelerate performance of services during the
fifteen (15) day period without the express written request of the Local Agency.
(B) Should the Agreement be suspended or terminated for the convenience of the
Local Agency, the Local Agency will pay to the Consultant its costs as set forth in Attachment B
including actual hours expended prior to such suspension or termination and direct costs as defined in
this Agreement for services performed by the Consultant, a proportional amount of the fixed fee
based upon an estimated percentage of Agreement completion, plus reasonable costs incurred by the
Consultant in suspending or terminating the services. The payment will make no other allowances
for damages or anticipated fees or profits. In the event of a suspension of the services, the
Consultant's compensation and schedule for performance of services hereunder shall be equitably
adjusted upon resumption of performance of the services.
(C) The Consultant shall remain liable to the Local Agency for any claims or
damages occasioned by any failure, default, or negligent errors and /or omission in carrying out the
provisions of this Agreement during its life, including those giving rise to a termination for non-
performance or breach by Consultant. This liability shall survive and shall not be waived, or
estopped by final payment under this Agreement.
(D) The Consultant shall not be liable for any errors or omissions contained in
deliverables which are incomplete as a result of a suspension or termination where the Consultant is
deprived of the opportunity to complete the Consultant's services.
(E) Upon the occurrence of any of the following events, the Consultant may
suspend performance hereunder by giving the Local Agency 30 days advance written notice and may
continue such suspension until the condition is satisfactorily remedied by the Local Agency. In the
event the condition is not remedied within 120 days of the Consultant's original notice, the Consultant
may terminate this agreement.
1. Receipt of written notice from the Local Agency that funds are no
longer available to continue performance.
Fig. 136.4.1 Contract
6
Revised 1/31/13
2. The Local Agency's persistent failure to make payment to the
Consultant in a timely manner.
3. Any material contract breach by the Local Agency.
ARTICLE XIV - DECISIONS UNDER THIS CONTRACT
The Local Agency will determine the acceptability of work performed under this contract, and will
decide all questions which may arise concerning the project. The Local Agency's decision shall be
final and conclusive.
ARTICLE XV - SUCCESSORS AND ASSIGNS
The Local Agency and the Engineer agree that this contract and all contracts entered into under the
provisions of this contract shall be binding upon the parties hereto and their successors and assigns.
ARTICLE XVI - COMPLIANCE WITH LAWS
The Engineer shall comply with all federal, state, and local laws, ordinances, and regulations
applicable to the work, including Title VII of the Civil Rights Act of 1964 and non - discrimination
clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of
obligations under this contract.
ARTICLE XVII - RESPONSIBILITY FOR CLAIMS AND LIABILITY
The Engineer agrees to save harmless the Local Agency, MoDOT and FHWA from all claims and
liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors.
ARTICLE XVIII - NONDISCRIMINATION
The Engineer, with regard to the work performed by it after award and prior to completion of the
contract work, will not discriminate on the ground of race, color or national origin in the selection
and retention of subcontractors. The Engineer will comply with Title VII of the Civil Rights Act of
1964, as amended. More specifically, the Engineer will comply with the regulations of the
Department of Transportation relative to nondiscrimination in federally assisted programs of the
Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405
which are herein incorporated by reference and made a part of this contract. In all solicitations either
by competitive bidding or negotiation made by the Engineer for work to be performed under a
subcontract, including procurements of materials or equipment, each potential subcontractor or
supplier shall be notified by the Engineer's obligations under this contract and the regulations relative
to non - discrimination on the ground of color, race or national origin.
Fig. 136.4.1 Contract
7
Revised 1/31/13
ARTICLE XIX — LOBBY CERTIFICATION
CERTIFICATION ON LOBBYING: Since federal funds are being used for this agreement, the
consultant's signature on this agreement constitutes the execution of all certifications on, lobbying
which are required by 49 C.F.R. Part 20 including Appendix A and B to Part 20. Consultant agrees
to abide by all certification or disclosure requirements in 49 C.F.R. Part 20 which are incorporated
herein by reference.
ARTICLE XX -- INSURANCE
(A) The Consultant shall maintain commercial general liability, automobile
liability, and worker's compensation and employer's liability insurance in full force and effect to
protect the Consultant from claims under Worker's Compensation Acts, claims for damages for
personal injury or death, and for damages to property arising from the negligent acts, errors, or
omissions of the Consultant and its employees, agents, and Subconsultants in the performance of the
services covered by this Agreement, including, without limitation, risks insured against in
commercial general liability policies.
(B) The Consultant shall also maintain professional liability insurance to protect
the Consultant against the negligent acts, errors, or omissions of the Consultant and those for whom it
is legally responsible, arising out of the performance of professional services under this Agreement.
(C) The Consultant's insurance coverage shall be for not less than the following
limits of liability:
1. Commercial General Liability: $500,000 per person up to $3,000,000
per occurrence;
2. Automobile Liability: $500,000 per person up to $3,000,000 per
3. Worker's Compensation in accordance with the statutory limits; and
Employer's Liability: $1,000,000; and
occurrence;
4. Professional ( "Errors and Omissions ") Liability: $1,000,000, each
claim and in the annual aggregate.
(D) The Consultant shall, upon request at any time, provide the Local Agency with
certificates of insurance evidencing the Consultant's commercial general or professional liability
( "Errors and Omissions ") policies and evidencing that they and all other required insurance are in
effect as to the services under this Agreement.
(E) Any insurance policy required as specified in (ARTICLE XX) shall be written
by a company which is incorporated in the United States of America or is based in the United States
of America. Each insurance policy must be issued by a company authorized to issue such insurance
in the State of Missouri.
Fig. 136.4.1 Contract
8
Revised 1/31/13
ARTICLE XXI - ATTACHMENTS
The following exhibits are attached hereto and are hereby made part of this contract:
Attachment A — Scope of Service
Attachment B.1 - Estimate of Cost for GBA
Attachment B.2 — Estimate of Cost for Central Missouri Professional Services
Attachment C.1 - Breakdown of Overhead Rates for GBA
Attachment C.2 — Breakdown of Overhead Rates for Central Missouri Professional Services
Attachment D - Certification Regarding Debarment, Suspension, and Other Responsibility
Matters - Primary Covered Transactions.
Attachment E - Certification Regarding Debarment, Suspension, and Other Responsibility
Matters - Lower Tier Covered Transactions.
Attachment F — DBE Contract Provisions
Attachment G — Fig. 136.4.15 Conflict of Interest Disclosure Form
ARTICLE XXII -- SUPPLEMENTAL CONDITIONS
The attached supplemental conditions shall be made part of this original contract agreement.
Fig. 136.4.1 Contract
9
Revised 1/31/13
Executed by the Engineer this day of
Executed by the City thisiay of , 20�t
FOR: CITY OF JEFF . ' SON, MISSOURI
BY:
ATTEST:
, 20 .
FOR: GEORGE BUTLER ASSOCIATES, INC.
BY:
APPROVEDAS TO FORM:
City Counselor
Vice President
I hereby certify under Section 50.660 RSMo there is either: (1) a balance of funds, otherwise
unencumbered, to the credit of the appropriation to which the obligation contained herein is
chargeable, and a cash balance otherwise unencumbered, in the Treasury, to the credit of the fund
from which payment is to be made, each sufficient to meet the obligation contained herein; or (2)
bonds or taxes have been authorized by vote of the people and there is a sufficient unencumbered
amount of the bonds yet to be sold or of the taxes levied and yet to be collected to meet the obligation
in case there is not a sufficient unencumbered cash balance in the treasury.
Fig. 136.4.1 Contract
City Finance Officer
10
Revised 1/31/13
Attachment A - Project Scope
The GBA team will complete the following tasks to fulfill the requirements of this agreement:
1. Initial brainstorming session with City staff, MoDOT, stakeholders, and the GBA team to review
previous studies and development plans and then to identify observed problems along with
improvement ideas.
2. Compile existing information including, land uses, utilities, right of way, street plans, bridge plans
traffic crash data, topographic mapping, etc.
3. Provide the City with required locations and time frames for City staff to record new traffic flow
data for a one week period on Stadium Boulevard, Jefferson Street, Christy Drive, and Monroe
Street.
4. Record new peak period vehicle and pedestrian traffic counts at the intersections of Stadium
Boulevard with Jefferson Street, Christy Drive, and Monroe Street, the US -54 ramp intersections
with Jefferson Street and Christy Drive, and the intersections of Monroe Street and Madison Street
with East Atchison Street during the critical morning and afternoon commuter peak based on the
results of the week -long counts.
5. Develop design traffic volumes for up to six alternative street networks starting with data from
latest studies and adding expected trip generation from the expansion of Capital Region Medical
Center, and other land use growth in the City. The existing TransCAD travel demand model
would be used as the basis for background traffic growth with the TAZs adjacent to the Stadium
Boulevard corridor being manually assigned to the thoroughfare system.
6. Review the design traffic volumes with the City staff.
7. Complete Level of Service (LOS) analyses for up to six alternatives using new design hour volumes
and existing /planned street network. This LOS analysis would include determination of expected
vehicle queue lengths.
8. Identify improvement needs and alternatives based on LOS. analyses.
9. Review the needs analysis with the City staff.
10. Update and expand the latest VISSIM simulation model for up to six alternatives to evaluate /
refine improvement alternatives. This VISSIM model will include the requested study corridor of
Stadium Boulevard and the intersecting thoroughfares.
11. Review the VISSIM model results with the City staff and select up to three design alternatives.
12. Prepare schematic design layouts for up to three alternatives including needed intersection lane
configurations, possible roundabout configurations, and traffic control devices in enough detail to
estimate right -of -way impacts and construction costs
13. Prepare Comparative Cost Estimates including right -of -way and construction costs.
14. Determine possible phasing plans for each alternative.
15. Develop comparison matrix based on factors e.g., cost, LOS, R/W impacts, constructability, etc.
16. Review design layouts and comparison matrix with the City staff.
17. Prepare recommendations and a preliminary study report.
18. Present to City and public for review.
19. Determine preferred implementation plan, and finalize study report.
Additional services provided by Leigh and O'Kane
• Preliminary design of retaining walls for a proposed roundabout near Tanner Bridge Road,
including preliminary cost estimate.
• Structural review of existing bridge plans for the Highway 54 Bridge over Stadium Boulevard for
the feasibility of Stadium Boulevard widening beneath the bridge, including any preliminary cost
estimates associated with widening.
• Structural review of the existing bridge plans of Highway 54 Bridge over Stadium Boulevard for
the feasibility of widening Highway 54 on the southbound side, including any preliminary cost
estimates.
• Preliminary design of miscellaneous retaining walls including preliminary cost estimates.
Additional services provided by Vireo
• Develop contact list of City staff, public officials, stakeholders and property owners within the
study area from information provided by City staff and GBA. The contact list will be updated
once after the public meeting.
• Design and distribute postcards for public meeting to serve as the public notice for up to 100
property owners and other stakeholders in the project area. Extra postcards will not be printed.
• Conduct public meeting for property owners, city officials and staff, general public, media and
other stakeholders with the intent to share the proposed improvement alternatives. The meeting
will be hosted by one person from Vireo, others from GBA, MoDOT, and City staff for up to two
hours in a location secured by the City. Postcards will serve as the meeting notice and City may
provide additional notice through websites and /or social networks. The consultant will also
prepare support materials including sign -in sheets, name tags, 100 comment cards, and interior
and exterior directional signage for the meeting.
ATTACHMENT B.1
ESTIMATE OF COSTS
Highway 54 and Stadium Blvd Interchange Area Improvements
STP- 3111(509)
Phase 1 - Existing Conditions & Data Collection Hours Rate Cost
Task 1 - Initial Brainstorming Session (Travel to Jefferson City)
Firm Principal 8 $ 77.49 $ 619.92
Senior Engineer 8 $ 44.28 $ 354.24
Engineer I or Scientist I 0 $ 35.31 $
Engineer II or Scientist II 0 $ 27.16 $
Engineer III or Scientist III 0 $ 24.05 $
Secretary II 0 $ 25.57 $
Task 2 - Compile Existing Information
Firm Principal 0 $ 77.49 $ -
Senior Engineer 2 $ 44.28 $ 88.56
Engineer I or Scientist I 2 $ 35.31 $ 70.62
Engineer 11 or Scientist II 0 $ 27.16 $
Engineer III or Scientist III 4 $ 24.05 $ 96.20
Secretary II 0 $ 25.57 $
Task 3 - Coordinate Daily Traffic Counts with City
Firm Principal 0 $ 77.49 $
Senior Engineer 0 $ 44.28 $
Engineer I or Scientist I 2 $ 35.31 $ 70.62
Engineer II or Scientist II 0 $ 27.16 $ -
Engineer III or Scientist III 4 $ 24.05 $ 96.20
Secretary II 0 $ 25.57 $
Task 4 - Record New Peak Period Traffic Counts
Firm Principal 0 $ 77.49 $
Senior Engineer 0 $ 44.28 $ -
Engineer I or Scientist I 2 $ 35.31 $ 70.62
Engineer II or Scientist II 0 $ 27.16 $
Engineer III or Scientist III 4 $ 24.05 $ 96.20
Secretary II 0 $ 25.57 $
Phase 2 - Corridor Study Analyses
Task 5 - Develop Design Traffic Volumes (up to 6 Alternatives)
Firm Principal 2 $ 77.49 $ 154.98
Senior Engineer 36 $ 44.28 $ 1,594.08
Engineer I or Scientist I 20 $ 35.31 $ 706.20
Engineer II or Scientist II 0 $ 27.16 $
Engineer III or Scientist III 0 $ 24.05 $
Secretary II 0 $ 25.57 $
Task 6 - Review Design Traffic Volumes with City
Firm Principal 2 $ 77.49 $ 154.98
Senior Engineer 2 $ 44.28 $ 88.56
Engineer I or Scientist I 2 $ 35.31 $ 70.62
Engineer II or Scientist II 0 $ 27.16 $
Engineer III or Scientist III 0 $ 24.05 $
Secretary II 0 $ 25.57 $
ATTACHMENT B.1
ESTIMATE OF COSTS
Highway 54 and Stadium Blvd Interchange Area Improvements
STP- 3111(509)
Task 7 - Complete Level of Service (LOS) Analyses (up to 6 Alternatives)
Firm Principal 1 $ 77.49 $ 77.49
Senior Engineer 8 $ 44.28 $ 354.24
Engineer 1 or Scientist 1 16 $ 35.31 $ 564.96
Engineer 11 or Scientist 11 40 $ 27.16 $ 1,086.40
Engineer 111 or Scientist 111 0 $ 24.05 $
Secretary!! 0 $ 25.57 $
Task 8 - Identify Improvement Needs and Alternatives
Firm Principal 2 $ 77.49 $ 154.98
Senior Engineer 8 $ 44.28 $ 354.24
Engineer 1 or Scientist! 16 $ 35.31 $ 564.96
Engineer 11 or Scientist 11 0 $ 27.16 $
Engineer 111 or Scientist III 0 $ 24.05 $
Secretary 11 0 $ 25.57 $
Task 9 - Review Needs Analysis with City
Firm Principal 2 $ 77.49 $ 154.98
Senior Engineer 2 $ 44.28 $ 88.56
Engineer 1 or Scientist 1 2 $ 35.31 $ 70.62
Engineer 11 or Scientist 11 0 $ 27.16 $
Engineer III or Scientist 111 0 $ 24.05 $
Secretary 11 0 $ 25.57 $
Task 10 - Evaluate & Refine Improvement Alternatives with VISSIM (up to 6 Alternatives)
Firm Principal 1 $ 77.49 $ 77.49
Senior Engineer 40 $ 44.28 $ 1,771.20
Engineer 1 or Scientist 1 60 $ 35.31 $ 2,118.60
Engineer 11 or Scientist 11 0 $ 27.16 $
Engineer 111 or Scientist 111 0 $ 24.05 $
Secretary 11 0 $ 25.57 $
Task 11 - Review VISSIM Model Results with City (Travel to Jefferson City)
Firm Principal 8 $ 77.49 $ 619.92
Senior Engineer 8 $ 44.28 $ 354.24
Engineer 1 or Scientist 1 0 $ 35.31 $
Engineer 11 or Scientist 11 0 $ 27.16 $
Engineer 111 or Scientist 111 0 $ 24.05 $
Secretary 11 0 $ 25.57 $
ATTACHMENT B.1
ESTIMATE OF COSTS
Highway 54 and Stadium Blvd Interchange Area Improvements
STP -3111 (509)
Phase 3 - Schematic Improvement Designs
Task 12 - Prepare Schematic Design Layouts
Firm Principal 1 $ 77.49 $ 77.49
Senior Engineer 4 $ 44.28 $ 177.12
Engineer 1 or Scientist 1 0 $ 35.31 $
Engineer!! or Scientist 11 0 $ 27.16 $
Engineer 111 or Scientist 111 0 $ 24.05 $
Secretary II 0 $ 25.57 $
Task 13 - Prepare Comparative Cost Estimates
Firm Principal 1 $ 77.49 $ 77.49
Senior Engineer 4 $ 44.28 $ 177.12
Engineer I or Scientist 1 0 $ 35.31 $
Engineer 11 or Scientist 11 0 $ 27.16 $
Engineer 111 or Scientist 111 0 $ 24.05 $
Secretary II 0 $ 25.57 $
Task 14 - Develop Possible Phase Plans
Firm Principal 1 $ 77.49 $ 77.49
Senior Engineer 4 $ 44.28 $ 177.12
Engineer I or Scientist I 0 $ 35.31 $
Engineer 11 or Scientist 11 0 $ 27.16 $
Engineer 111 or Scientist 111 0 $ 24.05 $
Secretary II 0 $ 25.57 $
Task 15 - Develop Alternatives Comparison Matrix
Firm Principal 2 $ 77.49 $ 154.98
Senior Engineer 8 $ 44.28 $ 354.24
Engineer I or Scientist I 0 $ 35.31 $
Engineer 11 or Scientist 11 0 $ 27.16 $
Engineer 111 or Scientist 111 0 $ 24.05 $
Secretary 11 0 $ 25.57 $
Task 16 - Review Design Layouts and Comparison Matrix with City
Firm Principal 2 $ 77.49 $ 154.98
Senior Engineer 2 $ 44.28 $ 88.56
Engineer! or Scientist 1 2 $ 35.31 $ 70.62
Engineer 11 or Scientist 11 0 $ 27.16 $
Engineer 111 or Scientist 111 0 $ 24.05 $
Secretary II 0 $ 25.57 $
Task 17 - Preliminary Recommendations / Report
Firm Principal 1 $ 77.49 $ 77.49
Senior Engineer 16 $ 44.28 $ 708.48
Engineer I or Scientist I 8 $ 35.31 $ 282.48
Engineer 11 or Scientist 11 8 $ 27.16 $ 217.28
Engineer 111 or Scientist 111 0 $ 24.05 $
Secretary 11 0 $ 25.57 $
ATTACHMENT B.1
ESTIMATE OF COSTS
Highway 54 and Stadium Blvd Interchange Area Improvements
STP- 3111(509)
Task 18 - Resentation to City & Public for Reivew (Travel to Jefferson City)
Firm Principal 8 $ 77.49 $ 619.92
Senior Engineer 12 $ 44.28 $ 531.36
Engineer 1 or Scientist I 4 $ 35.31 $ 141.24
Engineer II or Scientist II 0 $ 27.16 $
Engineer 111 or Scientist III 0 $ 24.05 $
Secretary II 0 $ 25.57 $
Task 19 - Determine Preferred Implementation Plan & Finalize Report
Firm Principal 2 $ 77.49 $ 154.98
Senior Engineer 4 $ 44.28 $ 177.12
Engineer I or Scientist I 4 $ 35.31 $ 141.24
Engineer II or Scientist II 4 $ 27.16 $ 108.64
Engineer III or Scientist III 0 $ 24.05 $
Secretary II 4 $ 25.57 $ 102.28
SUBTOTAL 420 $ 17,595.20
Payroll Overhead (estimated at 56.41 %) $ 9,925.45
General and Admin. Overhead (estimated at 141.39% +0.27 %) $ 24,921.84
TOTAL LABOR AND OVERHEAD $ 52,442.49
Fixed Fee (14.5% of Direct Salary and Overhead) $ 7,604.16
TOTAL LABOR, OVERHEAD, AND FIXED FEE $ 60,046.66
Other Direct Costs
Rental Vehicle / Fuel (3 trips to Jefferson City) $ 300.00
Personal Vehicle Miles $ 200.00
SUBTOTAL $ 500.00
Subcontract Pass - Through Costs
Central MO Professional Services (CMPS) $ 30,443.79
Vireo $ 7,060.00
Leigh & O'Kane $ 9,600.00
SUBTOTAL $ 47,103.79
DESIGN ENGINEERING CONTRACT CEILING $ 107,650.44
ATTACHMENT B.2
ESTIMATE OF COSTS (CMPS)
Highway 54 and Stadium Blvd Interchange Area Improvements
STP- 3111(509)
Phase 1 - Existing Conditions & Data Collection Hours Rate Cost
Task 1 - Initial Brainstorming Session (Travel to Jefferson City)
Firm Principal 6 $ 55.00 $330.00
Professional Engineer 6 $ 37.53 $225.18
Technician 11 4 $ 26.56 $106.24
Task 2 - Compile Existing Information
Firm Principal 1 $ 55.00 $55.00
Professional Engineer 4 $ 37.53 $150.12
Technician 11 16 $ 26.56 $424.96
Task 3 - Coordinate Daily Traffic Counts with City
Firm Principal 0 $ 55.00 $0.00
Professional Engineer 1 $ 37.53 $37.53
Technician 11 2 $ 26.56 $53.12
Task 4 - Record New Peak Period Traffic Counts
Firm Principal 1 $ 55.00 $55.00
Professional Engineer 2 $ 37.53 $75.06
Technician 11 64 $ 26.56 $1,699.84
Phase 2 - Corridor Study Analyses
Task 5 - Develop Design Traffic Volumes (up to 6 Alternatives)
Firm Principal 0 $ 55.00 $0.00
Professional Engineer 4 $ 37.53 $150.12
Technician 11 0 $ 26.56 $0.00
Task 6 - Review Design Traffic Volumes with City
Firm Principal 1 $ 55.00 $55.00
Professional Engineer 2 $ 37.53 $75.06
Technician 11 0 $ 26.56 $0.00
Task 7 Complete Level of Service (LOS) Analyses (up to 6 Alternatives)
Firm Principal 0 $ 55.00 $0.00
Professional Engineer 1 $ 37.53 $37.53
Technician!! 0 $ 26.56 $0.00
Task 8 - Identify Improvement Needs and Alternatives
Firm Principal 1 $ 55.00 $55.00
Professional Engineer 4 $ 37.53 $150.12
Technician 11 0 $ 26.56 $0.00
Task 9 - Review Needs Analysis with City
Firm Principal 2 $ 55.00 $110.00
Professional Engineer 2 $ 37.53 $75.06
Technician 11 0 $ 26.56 $0.00
ATTACHMENT B.2
ESTIMATE OF COSTS (CMPS)
Highway 54 and Stadium Blvd Interchange Area Improvements
STP- 3111(509)
Task 10 - Evaluate & Refine Improvement Alternatives with VISSIM (up to 6 Alternatives)
Firm Principal 0 $ 55.00 $0.00
Professional Engineer 2 $ 37.53 $75.06
Technician 11 0 $ 26.56 $0.00
Task 11 - Review VISSIM Model Results with City (Travel to Jefferson City)
Firm Principal 1 $ 55.00 $55.00
Professional Engineer 4 $ 37.53 $150.12
Technician 11 0 $ 26.56 $0.00
Phase 3 - Schematic Improvement Designs
Task 12 - Prepare Schematic Design Layouts
Firm Principal 6 $ 55.00 $330.00
Professional Engineer 90 $ 37.53 $3,377.70
Technician 11 4 $ 26.56 $106.24
Task 13 - Prepare Comparative Cost Estimates
Firm Principal 4 $ 55.00 $220.00
Professional Engineer 50 $ 37.53 $1,876.50
Technician II 0 $ 26.56 $0.00
Task 14 - Develop Possible Phase Plans
Firm Principal 2 $ 55.00 $110.00
Professional Engineer 30 $ 37.53 $1,125.90
Technician II 0 $ 26.56 $0.00
Task 15 - Develop Alternatives Comparison Matrix
Firm Principal 2 $ 55.00 $110.00
Professional Engineer 8 $ 37.53 $300.24
Technician II 0 $ 26.56 $0.00
Task 16 - Review Design Layouts and Comparison Matrix with City
Firm Principal 1 $ 55.00 $55.00
Professional Engineer 4 $ 37.53 $150.12
Technician 11 0 $ 26.56 $0.00
Task 17 - Preliminary Recommendations / Report
Firm Principal 1 $ 55.00 $55.00
Professional Engineer 4 $ 37.53 $150.12
Technician II 0 $ 26.56 $0.00
Task 18 - Resentation to City & Public for Reivew (Travel to Jefferson City)
Firm Principal 1 $ 55.00 $55.00
Professional Engineer 6 $ 37.53 $225.18
Technician II 0 $ 26.56- $0.00
ATTACHMENT B.2
ESTIMATE OF COSTS (CMPS)
Highway 54 and Stadium Blvd Interchange Area Improvements
STP- 3111(509)
Task 19 - Determine Preferred Implementation Plan & Finalize Report
Firm Principal 2 $ 55.00 $110.00
Professional Engineer 6 $ 37.53 $225.18
Technician 11 0 $ 26.56 $0.00
SUBTOTAL 352 $12,782.30
Payroll Overhead (estimated at 34.88 %) $4,458.47
General and Admin. Overhead (estimated at 73.13 %) $9,347.70
TOTAL LABOR AND OVERHEAD $26,588.46
Fixed Fee (14.5% of Direct Salary and Overhead) $3,855.33
TOTAL LABOR, OVERHEAD, AND FIXED FEE $30,443.79
DESIGN ENGINEERING CONTRACT CEILING $30,443.79
Attachment C.1
George Butler Associates, Inc.
Statements of Direct Labor, Fringe Benefits, and General Overhead
Fiscal Year Ended September 28, 2012
% of
Direct
att!1 Amount ,Labor
Direct Labor $ 6,029,284 100.0%
Fringe Benefits
Payroll Taxes 447,310 7.42%
Vacation, Holiday, and Sick Pay 1,148,460 19.05%
Employee Insurance and Benefits 1,143,467 18.97%
Employee Bonus 365,467 6.06%
Profit Sharing 296.000 4.91%
Total Fringe Benefits S 3,400,704 56.41%
General Ote rhead
Indirect Labor $ 4,325,222 71.74%
Payroll Taxes 470,645 7.81%
A utomobile 95,802 1.59%
Depreciation and Amortization 307,599 5.10%
Dues and Subscriptions 141,562 2.35%
Insurance 294,696 4.89%
Legal and Accounting 108,764 1.84%
Miscellaneous 23,904 0.40%
Office Supplies 603,148 10.00%
Postage and Express 47,420 0.79%
Reproduction 77,843 1.29%
Computer and Office Services 284,149 4.71%
Repairs and Maintenance 38,966 0.65%
Rent 1,251,623 20.76%
Taxes 40,580 0.67%
Telephone 151,543 2.51;6
Busines Promotion, Entertainment, and Travel 261,119 4..33%
Total General O vrhead $ 8,524,585 141.39%
Total Indirect Costs S 11,925,289 197.80%
Facilities Capital Cost of Money (FCC S 16,065 027%
Total Indirect Costs and FCCM S 111,941,354 198.07%
The accompanying notes are an integral part of this Schedule
2
ATTACHMENT D
CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below.
2. The inability of a person to provide the certification required below will not necessarily result in denial
of participation in this covered transaction. The prospective participant shall submit an explanation of
why it cannot provide the certification set out below. The certification or explanation will be
considered in connection with the department or agency's determination whether to enter into this
transaction. However, failure of the prospective primary participant to furnish a certification or an
explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined that
the prospective primary participant knowingly rendered an erroneous certification in addition to other
remedies available to the Federal Government, the department or agency may terminate this
transaction for cause of default.
4. The prospective primary participant shall provide immediate written notice to the department or
agency to whom this proposal is submitted if at any time the prospective primary participant learns
that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order
12549. You may contact the department or agency to which this proposal is being submitted for
assistance in obtaining a copy of those regulations.
6. The prospective primary participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction
with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the department or agency entering into
this transaction.
7. The prospective primary participant further agrees by. submitting this proposal that it will include the
clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- -
Lower Tier Covered Transaction" provided by the department or agency entering into this covered
transaction, without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
Fig. 136.4.1 Contract
Revised 7/18/12
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to check the Nonprocurement List at the Excluded Parties List
System.
https : / /www.epls.gov /epls /search.do ?page =A &status = current &agency =69 #A.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency may terminate this
transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered
Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
b. Have not within a three -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
d. Have not within a three -year period preceding this application/proposal had one or more
public transactions (Federal, State or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Fig. 136.4.1 Contract
Revised 7 -18 -12
ATTACHMENT E
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION - -LOWER TIER COVERED TRANSACTIONS
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency with which this transaction originated may pursue
available remedies, including suspension and /or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact the person to
which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or agency
with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include
this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion - -Lower Tier Covered Transaction," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the Nonprocurement List at the Excluded Parties List
System.
https:llwww.epls.gov /epls /search.do ?page =A &status = current &agency =69 #A.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which normally possessed by a prudent
person in the ordinary course of business dealings.
Fig. 136.4.1 Contract
Revised 7 -18 -12
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- -Lower Tier
Covered Transactions
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Fig. 136.4.1 Contract
Revised 7 -18 -12
Attachment F
Disadvantage Business Enterprise Contract Provisions
1. Policy: It is the policy of the U.S. Department of Transportation and the
Local Agency that businesses owned by socially and economically disadvantaged individuals (DBE's) as
defined in 49 C.F.R. Part 26 have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with federal funds. Thus, the requirements of 49 C.F.R. Part 26 and Section
1101(b) of the Transportation Equity Act for the 21st Century (TEA -21) apply to this Agreement.
2. Obligation of the Consultant to DBE's: The Consultant agrees to assure that
DBEs have the maximum opportunity to participate in the performance of this Agreement and any
subconsultant agreement financed in whole or in part with federal funds. In this regard the Consultant shall
take all necessary and reasonable steps to assure that DBEs have the maximum opportunity to compete for and
perform services. The Consultant shall not discriminate on the basis of race, color, religion, creed, disability,
sex, age, or national origin in the performance of this Agreement or in the award of any subsequent
subconsultant agreement.
3. Geographic Area for Solicitation of DBEs: The Consultant shall seek DBEs
in the same geographic area in which the solicitation for other subconsultants is made. If the Consultant
cannot meet the DBE goal using DBEs from that geographic area, the Consultant shall, as a part of the effort to
meet the goal, expand the search to a reasonably wider geographic area.
4. Determination of Participation Toward Meeting the DBE Goal: DBE
participation shall be counted toward meeting the goal as follows:
A. Once a firm is determined to be a certified DBE, the total dollar value
of the subconsultant agreement awarded to that DBE is counted toward the DBE goal set forth above.
B. The Consultant may count toward the DBE goal a portion of the total
dollar value of a subconsultant agreement with a joint venture eligible under the DBE standards, equal to the
percentage of the ownership and control of the DBE partner in the joint venture.
C. The Consultant may count toward the DBE goal expenditures to
DBEs who perform a commercially useful function in the completion of services required in this Agreement.
A DBE is considered to perform a commercially useful function when the DBE is responsible for the
execution of a distinct element of the services specified in the Agreement and the carrying out of those
responsibilities by actually performing, managing and supervising the services involved and providing the
desired product.
D. A Consultant may count toward the DBE goal its expenditures to
DBE firms consisting of fees or commissions charged for providing a bona fide service, such as professional,
technical, consultant, or managerial services and assistance in the procurement of essential personnel,
facilities, equipment, materials or supplies required for the performance of this Agreement, provided that the
fee or commission is determined by MoDOT's External Civil Rights Division to be reasonable and not
excessive as compared with fees customarily allowed for similar services.
E. The Consultant is encouraged to use the services of banks owned and
controlled by socially and economically disadvantaged individuals.
5. Replacement of DBE Subconsultants: The Consultant shall make good faith
efforts to replace a DBE Subconsultant, who is unable to perform satisfactorily, with another DBE
Fig. 136.4.1 Contract
Revised 7 -18 -12
Subconsultant. Replacement firms must be approved by MoDOT's External Civil Rights Division.
6. Verification of DBE Participation: Prior to final payment by the Local
Agency, the Consultant shall file a list with the Local Agency showing the DBEs used and the services
performed. The list shall show the actual dollar amount paid to each DBE that is applicable to the percentage
participation established in this Agreement. Failure on the part of the Consultant to achieve the DBE
participation specified in this Agreement may result in sanctions being imposed on the Commission for
noncompliance with 49 C.F.R. Part 26 and/or Section 1101(b) of TEA -21. If the total DBE participation is
less than the goal amount stated by the MoDOT's External Civil Rights Division, liquidated damages may be
assessed to the consultant.
Therefore, in order to liquidate such damages, the monetary difference between the amount of the DBE goal
dollar amount and the amount actually paid to the DBEs for performing a commercially useful function will be
deducted from the Consultant's payments as liquidated damages. If this Agreement is awarded with less than
the goal amount stated above by MoDOT's External Civil Rights Division, that lesser amount shall become
the goal amount and shall be used to determine liquidated damages. No such deduction will be made when,
for reasons beyond the control of the Consultant, the DBE goal amount is not met.
7. Documentation of Good Faith Efforts to Meet the DBE Goal: The Agreement
goal established by MoDOT's External Civil Rights Division. The Consultant must document the good faith
efforts it made to achieve that DBE goal, if the agreed percentage specified is less than the percentage stated.
Good faith efforts to meet this DBE goal amount may include such items as, but are not limited to, the
following:
A. Attended a meeting scheduled by the Department to inform DBEs of
contracting or consulting opportunities.
B. Advertised in general circulation trade association and socially and
economically disadvantaged business directed media concerning DBE subcontracting opportunities.
C. Provided written notices to a reasonable number of specific DBEs
that their interest in a subconsultant agreement is solicited in sufficient time to allow the DBEs to participate
effectively.
D. Followed up on initial solicitations of interest by contacting DBEs to
determine with certainty whether the DBEs were interested in subconsulting work for this Agreement.
E. Selected portions of the services to be performed by DBEs in order to
increase the likelihood of meeting the DBE goal (including, where appropriate, breaking down subconsultant
agreements into economically feasible units to facilitate DBE participation).
F. Provided interested DBEs with adequate information about plans,
specifications and requirements of this Agreement.
G. Negotiated in good faith with interested DBEs, and not rejecting
DBEs as unqualified without sound reasons, based on a thorough investigation of their capabilities.
H. Made efforts to assist interested DBEs in obtaining any bonding, lines
of credit or insurance required by the Commission or by the Consultant.
Fig. 136.4.1 Contract
I. Made effective use of the services of available disadvantaged
Revised 7 -18 -12
business organizations, minority contractors' groups, disadvantaged business assistance offices, and other
organizations that provide assistance in the recruitment and placement of DBE firms.
8. Good Faith Efforts to Obtain DBE Participation: If the Consultant's agreed DBE goal
amount as specified is less than the established DBE goal given, then the Consultant certifies that the
following good faith efforts were taken by Consultant in an attempt to obtain the level of DBE participation set
by MoDOT's External Civil Rights.
Fig. 136.4.1 Contract
Revised 7 -18 -12
Attachment G — Fig. 136.4.15
Conflict of Interest Disclosure Form for LPAIConsultants
Local Federal -aid Transportation Projects
Firm Name (Consultant): George Butler Associates, Inc.
Project Owner (LPA): City of Jefferson, Missouri
Project Name: Highway 54 and Stadium Blvd Interchange Area Improvements
Project Number: STP- 3111(509)
As the LPA and/or consultant for the above local federal -aid transportation project, I have:
1. Reviewed the conflict of interest information found in Missouri's Local Public Agency Manual
(EPG 136.4)
2. Reviewed the Conflict of Interest laws, including 23 CFR § 1.33, 49 CFR 18.36.
And, to the best of my knowledge, determined that, for myself, any owner, partner or employee, with my
firm or any of my sub - consulting firms providing services for this project, including family members and
personal interests of the above persons, there are:
® No real or potential conflicts of interest
If no conflicts have been indentified, complete and sign this form and submit to LPA
❑ Real conflicts of interest or the potential for conflicts of interest
If a real or potential conflict has been identified, describe on an attached sheet the nature of the
conflict, and provide a detailed description of Consultant's proposed mitigation measures (if possible).
Complete and sign this form and send it, along with all attachments, to the appropriate MoDOT District
Representative, along with the executed engineering services contract.
LPA
Printed Name: , U �avice
, (7_,
Signature: 9---- Signature: VJ TP ,
Consultant
Printed Name: )'L4 M Ae)---/ranc)
Date: I VbDA
Fig. 136.4.1 Contract
Date:
Revised 7 -18 -12