HomeMy Public PortalAboutORD14780 BILL NO. 2010-121
SPONSORED BY: Councilman Penfold
ORDINANCE NO 147
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES
MASTER AGREEMENT WITH BURNS AND MCDONNELL, ENGINEERING
COMPANY, INC. FOR THE PURPOSE OF PROVIDING CONSULTING
ENGINEERING AND DESIGN SERVICES TO THE JEFFERSON CITY
MEMORIAL AIRPORT.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized to execute a
professional services master agreement for projects at the Jefferson City
Memorial Airport with Burns and McDonnell, Engineering Company, Inc., of
Kansas City, Missouri.
Section 2. The agreement shall be substantially the same in form and
content as Exhibit A attached hereto.
Section 3. This Ordinance shall be in full force and effect from and after
the date of its passage and approval.
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City C'Izrk' City Counselor
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PROFESSIONAL SERVICES AGREEMENT
Between
The City of Jefferson, Missouri
And
Burns & McDonnell Engineering Company, Inc.
Kansas City, Missouri
This AGREEMENT is made as of 2011, by and between City of Jefferson,
Missouri (hereinafter called OWNER) d Burns & McDonnell Engineering Company, Inc. (hereinafter
called ENGINEER).
OWNER from time to time requires professional services in connection with the construction, design,
operation and maintenance of its facilities. Therefore, OWNER and ENGINEER, in consideration of their
mutual covenants, agree as follows:
ENGINEER shall serve as OWNER'S professional engineer in those assignments to which this
AGREEMENT applies, and shall give consultation and advice to OWNER during the performance of
ENGINEER'S services.
SECTION 1 -AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written authorization of OWNER and
agreement of ENGINEER. The parties shall use the form of Task Order (Authorization) attached hereto
as Exhibit A.
Contract Agreements and Assignments:
Projects that are administered through the MoDOT for aviation related services and where federal and/or
state funds are obtained for such services, the OWNER and ENGINEER agree to utilize the required
Contract Documents as furnished by the MoDOT. All other assignments shall adhere to the terms and
condition of this Agreement as herein defined.
1.2 Assignments may include, Basic Services or as Additional Services of ENGINEER.
1.2.1 Specific assignments as identified by the OWNER may include:
• Design and construction services for new and existing airport pavements.
• Update the Airport Master Plan, Airport Layout Plan and Narratives.
• Aeronautical Surveys.
• Design and construction services for airport buildings which may included: Terminal building, air
traffic control tower(ATCT), ARFF facility, regulator building and perimeter fencing.
• Environmental Assessments, wildlife studies and mitigation, landscaping, drainage and storm
water drainage.
• Land Acquisition.
• Airport fighting, airfield signage, compass rose and other NAVAIDS.
• Assist with general airport development and MoDOT/FAA regulations and guidance.
• Additional services required to complete projects as identified by the OWNER and as identified on
the airport master plan documents.
• Other projects AIP or non-AlP eligible that may be required.
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SECTION 2 -BASIC SERVICES OF ENGINEER
2.1 General. The Basic Services to be provided may include any of those tasks listed in this Section
2, as identified in the Task Order for a specific project.
211 Civil, structural, mechanical, electrical engineering services, architectural services, or other
consulting services identified in the Task Order(s).
2.1.2 Advise OWNER as to the necessity of OWNER providing or obtaining services or data from
others described in Paragraph 4.3, make recommendations as to the possible sources of such services,
and act as OWNER'S representative in connection with any such services.
2.1.3 The ENGINEER shall perform services related to projects as authorized by the OWNER
consistent with those projects delineated and contained under SECTION 1 — AUTHORIZATION OF
SERVICES. However, nothing herein shall preclude the ENGINEER from providing the OWNER, upon
request, with additional services or extra work relative to and in connection with the specific projects listed
in SECTION 1 —AUTHORIZATION OF SERVICES.
2.2 Concept Development
221 Consult with OWNER to determine OWNER'S requirements for the Project and available data.
2.2.2 Provide special analyses of OWNER'S needs, planning surveys, site evaluations, and
comparative studies of prospective sites and solutions.
2.2.3 Provide general economic analyses of OWNER'S requirements applicable to various
alternatives.
2.2.4 Prepare a Concept Development Report summarizing studies performed in accomplishing
Paragraphs 2.2.2 and 2.2.3, including findings and recommendations for the Project, and furnish three
review copies of the Report to OWNER.
2.3 Schematic Design Services
2.3.1 On the basis of OWNER'S concurrence with recommendations of the Concept Development
Report, prepare schematic design documents indicating clearly the considerations involved and the
alternative solutions available to OWNER; the schematic design shall include schematic layouts,
sketches, and preliminary design criteria, and set forth ENGINEER'S recommendations and establish the
scope of the Project.
2.3.2 Prepare a preliminary cost opinion for the Project.
2.3.3 Furnish three copies of the above schematic documents and cost opinion.
2.3.4 Revise schematic design documents in response to OWNER'S and other parties' comments, as
appropriate, and furnish three final copies of the revised schematic design documents to the OWNER.
2.4 Preliminary Design Services
2.4.1 On the basis of the approved schematic design documents, prepare preliminary design
documents consisting of final design criteria, preliminary drawings, and outline specifications.
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2.4.2 Prepare a revised preliminary cost opinion for the Project based on the information contained in
the preliminary design documents.
2.4.3 Furnish three approval copies of the above preliminary design documents and revised cost
opinion.
2.5 Final Design Services
2.5.1 On the basis of the approved preliminary design documents, prepare for incorporation in the
Contract Documents detailed drawings to show the character and scope of the Work to be performed by
contractors on the Project (hereinafter called the "Contract Drawings"), and Invitation to Bid, Instructions
to Bidders, Bid Form, Agreement and Bond forms, General Conditions, and Specifications (all of which,
together with the Contract Drawings, are hereinafter called the "Bid Documents") for review and approval
by OWNER, its legal counsel, and other advisors as appropriate, and assist OWNER in the preparation of
other related documents.
2.5.2 Provide technical criteria, written descriptions, and design data for OWNER'S use in filing
applications for permits from or approvals of governmental authorities having jurisdiction to review or
approve the final design of the Project and assist OWNER in consultations with appropriate authorities.
2.5.3 Advise OWNER of adjustments in excess of ten percent of the cost opinion for the Project caused
by changes in scope, design requirements, or construction costs and furnish a revised cost opinion for the
Project based on the final Bid Documents.
2.5.4 Furnish three approval copies of the final Bid Documents.
2.6 Bidding or Negotiating Services
2.6.1 Assist OWNER in obtaining and evaluating bids or negotiating proposals and preparing
construction contracts.
2.6.2 Consult with and advise OWNER as to the acceptability of subcontractors and other persons and
organizations proposed by the prime construction contractor(s) [hereinafter called "Contractor(s)"], for
those portions of the work as to which such acceptability is required by the Bid Documents.
2.6.3 Make recommendations regarding award of construction contracts.
2.7 Construction Phase Services
2.7.1 Consult with and advise OWNER and act as OWNER'S engineer as provided in ENGINEER'S
standard General Conditions for the Construction Contract. The extent and limitations of the duties,
responsibilities, and authority of ENGINEER as assigned in said General Conditions shall not be modified
without ENGINEER'S written consent.
2.7.2 Consult with and advise OWNER and act as OWNER'S engineer as may be provided in
OWNER'S construction contract conditions furnished pursuant to Paragraph 4.11 herein. The extent and
limitations of the duties, responsibilities, and authority of ENGINEER as may be assigned in said
construction contract conditions or in supplements prepared thereto shall not be modified without
ENGINEER'S written consent.
2.7.3 As OWNER'S engineer, ENGINEER shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions or programs, or for Contractor's failure to
perform construction work in accordance with the Contract Documents, all of which shall remain the sole
responsibility of the OWNER'S Contractor,
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2.7.4 Review Contractor(s) schedules for Work progress, equipment and materials procurement,
submittals, and values for partial pay purposes, and project cash flow requirements.
2.7.5 Review and accept Submittals of Contractor(s) for conformance with the design concept and
intent of the Contract Documents.
2.7.6 Make visits to the Site at intervals appropriate to the stages of construction to (consult with and
advise ENGINEER'S Resident Project Representative, if any, and) observe the progress and quality of
the executed Work, and to determine, in general, if the Project is proceeding in accordance with the
Contract Documents. ENGINEER shall not be required to make exhaustive or continuous inspections to
check the quality or quantity of the Work.
2.7.7 Issue all instructions of OWNER to Contractor(s); prepare routine Supplemental Instructions,
Change Orders and Construction Change Directives, as required; act as interpreter of the terms and
conditions of the Contract Documents and judge of the performance thereunder by the parties thereto,
and make decisions on claims of OWNER and Contractor(s) relating to the execution and progress of the
Work and other matters and questions related thereto; but ENGINEER shall not be liable for the results of
any such interpretations or decisions rendered by ENGINEER in good faith.
2.7.8 Review Contractor(s) applications for payment and supporting data, determine the amounts
owing to Contractor(s), and approve in writing all payments to Contractor(s) in accordance with the
Contract Documents,
2.7.9 Render periodic Work progress reports to OWNER.
2.7.10 Conduct an inspection to determine if the Project is substantially complete and a final inspection
to determine if the Project has been completed in general in accordance with the Contract Documents,
so that ENGINEER may approve, in writing, final payment to each Contractor.
2.6 Post-Construction Services
2.8.1 Provide qualified engineers during equipment start-up and instruct OWNER'S personnel in
equipment function and intended use.
2.8.2 Prepare a reproducible Record Set of drawings revised to show significant changes made during
construction of the Project in accordance with records provided by Contractor and ENGINEER'S Resident
Project Representative, if any.
SECTION 3 -ADDITIONAL SERVICES OF ENGINEER
3.1 General
If authorized in writing by OWNER and agreed to in writing by ENGINEER, ENGINEER shall furnish or
obtain from others Additional Services of the following types which are not considered normal or
customary Basic Services. The scope of Additional Services may include:
3.1.1 Grant and Loan Assistance
Prepare applications and supporting documents for governmental grants, loans, or advances.
3.1.2 Financial Consultation
Consult with OWNER'S fiscal agents and bond attorneys and provide such engineering data as required
for any bond prospectus or other financing requirements.
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3.1.3 Property Procurement Assistance
Determine land and easement requirements and provide consultation and assistance on property
procurement as related to professional services being performed.
3.1.4 Administrative Assistance
Provide Contract and Project administration to the degree authorized by OWNER.
3.1.5 Obtaining Services of Others
Provide through subcontract the services or data set forth in Paragraph 4.3.
3.1.6 f=urnishing renderings or models of the Project for OWNER'S use.
3.1.7 Miscellaneous Studies
Investigations involving detailed consideration of operations, maintenance, and overhead expenses, and
the preparation of rate schedules, earnings, and expense statements; feasibility studies; appraisals and
valuations, detailed quantity surveys of material, equipment, and labor; and audits or inventories required
in connection with construction performed by OWNER.
3.1.8 Extraordinary Construction-Related Services
3.1.8.1 Additional or extended services during construction made necessary by a force majeure, act of
God, governmental action, severe weather, vandalism, terrorism, or other extraordinary event.
3.1.8.2 Consultation or other services after completion of the Construction Phase, such as frequent
inspections during any guarantee period and reporting observed discrepancies under guarantees called
for in any construction contract.
3.1.8.3 Preparing to serve or serving as a witness for OWNER in any litigation or other legal or
administrative proceeding involving the Project.
3.1.9 Preparation of an operating manual for use by OWNER.
3.1.10 Extra Services not specifically defined above that may be authorized by OWNER.
3.2 Resident Services During Construction
3.2.1 if requested by OWNER or recommended by ENGINEER and agreed to in writing by the other
party, a Resident Project Representative and assistants shall be furnished and shall act as directed by
ENGINEER in order to provide more extensive representation at the Project site during the Construction
Phase.
3.2.2 The Resident Project Representative, through more extensive on-site observations of the work in
progress, field checks of materials and equipment, and maintenance of jobsite records on conditions and
activities, shall assist ENGINEER in determining that the Project is proceeding in accordance with the
Contract Documents. However, the furnishing of such resident project representation shall not make
ENGINEER 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
accordance with the Contract Documents.
3.3 Contingent Additional Services
3.3.1 If services described under Contingent Additional Services in Section 3.3 are required due to
circumstances beyond the ENGINEER'S control, the ENGINEER shall notify the OWNER prior to
commencing such services. If the OWNER deems that such services described in Section 3.3 are not
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required, the OWNER shall give prompt written notice to the ENGINEER. If the OWNER indicates in
writing that all or part of such Contingent Additional Services are not required, the ENGINEER shall have
no obligation to provide those services.
3.3.2 Making revisions in Drawings, Specifications, or other documents when such revisions are:
3.3.2.1 inconsistent with approvals or instructions previously given by the OWNER, including revisions
made necessary by adjustments in the OWNER'S program or Project Budget.
3.3.2.2 required by the enactment or revision of codes, laws, or regulations subsequent to the preparation
of such documents.
3.3.2.3 due to changes required as a result of the OWNER'S failure to render a decision in a timely
manner.
3.3.3 Providing services required because of significant changes in the Project including, but not limited
to, size, quality, complexity, the OWNER'S schedule, or the method of bidding or negotiating and
contracting for construction.
3.3.4 Preparing Drawings, Specifications, and other documentation and supporting data, evaluating
Contractor's proposals, and providing other services in connection with Change Orders and Work Change
Directives.
3.3.5 Providing services in connection with evaluating substitutions proposed by the Contractor and
making subsequent revision to Drawings, Specifications, and other documentation resulting therefrom.
3.3.6 Providing consultation concerning replacement of Work damaged by fire or other cause during
construction, and furnishing services required in connection with the replacement of such Work.
3.3.7 Providing services made necessary by the default of the Contractor, by major defects or
deficiencies in the Work of the Contractor, or by failure of performance of either the OWNER or
Contractor under the Contract for Construction.
3.3.8 Providing services in evaluating an extensive number of claims submitted by the Contractor or
others in connection with the Work.
3.3.9 Prolonged construction administration more than sixty (60) days after substantial completion, or
acceleration of the work schedule involving services beyond normal working hours.
3.3.10 Preparing documents for alternate, separate, or sequential bids or providing services in
connection with bidding, negotiation, or construction prior to the completion of the Final Design Phase.
SECTION 4-RESPONSIBILITIES OF OWNER
OWNER shall, within a reasonable time, so as not to delay the services of ENGINEER:
4.1 Provide full information as to OWNER'S requirements for the Project.
4.2 Assist ENGINEER by placing at ENGINEER'S disposal all available information pertinent to the
assignment including previous reports and any other data relative thereto.
4.3 Furnish engineering services or data, such as core borings, probings and subsurface
explorations; hydrographic surveys; laboratory tests and inspections of samples, materials, and
equipment; appropriate professional interpretations of all of the foregoing; property, boundary, easement,
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right-of-way, topographic, and utility surveys; zoning and deed restrictions; and other special data or
consultations, all of which ENGINEER may rely upon in performing its services under this AGREEMENT.
4.4 Guarantee access to and make all provisions for ENGINEER to enter upon public and private
property as required for ENGINEER to perform its services under this AGREEMENT.
4.5 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals, and
other documents presented by ENGINEER and render in writing decisions pertaining thereto.
4.6 Provide such professional legal, accounting, financial, and insurance counseling services as may
be required for the Project.
4.7 Designate in writing a person to act as OWNER'S representative 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, elements, and systems to be used in the Project, and other matters pertinent to the
services covered by this AGREEMENT.
4.8 Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes
aware of any defect in the Project.
4.9 Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of the Project.
4.10 Furnish, or direct ENGINEER to provide necessary Additional Services as stipulated in Section 3
of this AGREEMENT or other services as required.
4.11 If ENGINEER'S standard bidding requirements, agreement forms, and General Conditions are
not to be used, but OWNER'S documents are to be used instead, OWNER shall provide copies of such
documents for ENGINEER'S use in coordinating the Contract Drawings and Specifications.
SECTION 6 -PERIOD OF SERVICE
5.1 This AGREEMENT will become effective upon the first written notice by OWNER authorizing
services hereunder.
5.2 This AGREEMENT shall be applicable to all assignments authorized by OWNER and accepted
by ENGINEER subsequent to the date of its execution. All assignments authorized prior to the execution
of this document, even if performed in whole or in part before the execution date, shall be governed by
the terms and conditions of this AGREEMENT.
5.3 The provisions of this AGREEMENT have been agreed to in anticipation of the orderly and
continuous progress of each task order through completion of the services stated in the AGREEMENT.
ENGINEER'S obligation to render services hereunder will extend for an initial period of twelve months
(hereinafter the "primary term") and subject to renewal for four (4) additional and separate twelve (12)
month terms (hereinafter the "renewal term"). It is understood and agreed by the parties hereto that
renewal of this Agreement at the conclusion of the primary term shall be automatic unless this
AGREEMENT is otherwise terminated as herein provided.
SECTION 6 -COMPENSATION
6.1 Compensation. OWNER shall pay ENGINEER for services rendered and reimbursable expenses
as follows, or as stated in the Task Order(s):
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6.1.1 Amount of Payment: Method A—Fixed Lump Sum Payment.
For the Scope of Services described, the OWNER shall pay the ENGINEER the lump sum
amount as stated in the written Task Order for the specific project. For additional, reduced, or
changed scope of services, the amount of payment shall be adjusted on a mutually agreeable
lump-sum basis. Or,
6.1.2 Amount of Payment: Method B—Cost Plus a Fixed Payment.
For the Scope of Services described, the OWNER shall pay the ENGINEER the sum of the
following:
a. Individual's Hourly Rate, plus
b. ENGINEER's current Audited Overhead rate to cover general and administrative
expenses, and payroll burden (as applicable to the specific Task Order) for office
personnel, resident field personnel and contract labor.
G. A ten percent fixed payment of the sum of a. and b.
d. Direct hourly rate is determined by dividing each individual's current annual base salary
by 2,088 hours per year. Overtime rate for nonexempt personnel shall be 1.5 times the
hourly rate. Exempt and nonexempt are as defined by the United States Fair Labor
Standards Act.
6.1.3 For outside expenses incurred by ENGINEER, such as authorized travel and subsistence,
commercial services, courier deliveries, and incidental expenses, the cost to ENGINEER.
6.1.4 For reproduction, printing, long distance telephone calls, fax services, vehicles, and testing
apparatus, amounts as determined from ENGINEER's schedule of rates in effect at the time the service is
provided.
6.1.5 For services rendered by others as subcontractor(s) to ENGINEER, such as surveying, real
property descriptions, soil borings, subsurface investigations, laboratory testing, field quality control tests,
progress photographs, or other activities required or requested by OWNER, the cost to ENGINEER.
6.1.6 For time expended by outside individual professional service CONSULTANTS employed by the
ENGINEER in providing services to the OWNER, the cost to the ENGINEER. Expenses incurred by such
outside CONSULTANTs in service to the OWNER shall be reimbursable in accordance with
Subparagraph 6.1.3 above.
6.1.7 For expenses incurred by ENGINEER in providing resident field services such as vehicle lease or
rental, telephone services, miscellaneous resident office expenses, commercial services, field personnel
moving expenses to the field site location, per diem or mileage allowances for personnel assigned in the
field, authorized travel and subsistence expenses of personnel temporarily assigned from ENGINEER's
offices to the field, and other such items incidental to operating a field office, the cost to ENGINEER.
6.1.8 The total payment for the Scope of Services described in each Task Order shall not exceed as
stated in the written Task Order for the specific project without written approval of the OWNER.
6.2 Statements
Monthly statements, in ENGINEER'S standard format, will be submitted by the ENGINEER to the
OWNER.
621 Method A—Fixed Lump Sum Payment. Statements will be based on the ENGINEER'S estimated
percent of services completed at the end of the preceding month.
6.2.2 Method B — Cost Plus a Fixed Payment. Statements will be submitted for payment covering
services performed, costs and expenses incurred, and appropriate fee or markup (if applicable) during the
preceding month.
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6.3 Payments
Statements are payable upon receipt. A late payment charge of 1.5 percent per month or any partial
month will be added to amounts not received within 30 days of the statement date. Time is of the
essence in payments of statements, and timely payment is a material part of the consideration of this
AGREEMENT. Costs, including reasonable attorney's fees, incurred by the ENGINEER in collecting any
delinquent amount shall be reimbursed by the OWNER. If a portion of ENGINEER'S statement is
disputed by OWNER, the undisputed portion shall be paid by OWNER by the due date, The OWNER
shall advise the ENGINEER in writing of the basis for any disputed portion of any statement.
6.4 Taxes
Taxes, other than United States federal and state income taxes, and Kansas City, Missouri earnings tax,
as may be imposed by the United States, state, and local authorities, shall be in addition to the payment
stated under"Amount of Payment".
SECTION 7 -GENERAL CONSIDERATIONS
7.1 Insurance
7.1.1 During the course of performance of these services, ENGINEER will maintain (in United States
Dollars) the following minimum insurance coverages:
Type of Coverage Limits of Liability
Workers' Compensation Statutory
Employers' Liability $1,000,000 Each Accident
Commercial General Liability
Bodily Injury and $3,000,000 Combined Single Limit
Property Damage
Automobile Liability:
Bodily Injury and $3,000,000 Combined Single Limit
Property Damage
Professional Liability: $1,000,000 Per Claim and Annual Aggregate
If requested, ENGINEER will provide to OWNER certificates as evidence of the specified insurance_
7.1.2. Construction Contractors shall be required to provide (or OWNER may provide) Owners'
Protective Liability Insurance naming the OWNER as a Named Insured and the ENGINEER as an
additional insured, or, to endorse OWNER and ENGINEER using ISO Form GC 20 10 11 85
endorsement or its equivalent as Additional Insureds on all construction Contractors' liability insurance
policies covering claims for personal injuries and property damage in at least the amount required of
ENGINEER in Section 7.1.1, above. Construction Contractors shall be required to provide certificates
evidencing such insurance to the OWNER and ENGINEER.
7.1.3. OWNER and ENGINEER waive all rights against each other and their officers, directors, agents,
or employees for damage covered by property insurance (including deductibles) during and after the
completion of ENGINEER'S services. If the services result in a Construction Phase, a provision similar to
this shall be incorporated into all Construction Contracts entered into by OWNER, and all construction
Contractors shall be required to provide waivers of subrogation in favor of OWNER and ENGINEER for
damage or liability covered by any construction Contractor's policy of insurance.
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7.2 Professional Responsibility
7.2.1. ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER'S
services and will carry out its responsibilities in accordance with customarily accepted professional
engineering practices. If the ENGINEER fails to meet the foregoing standard, ENGINEER will perform at
its own cost, and without reimbursement from OWNER, the professional services necessary to correct
errors and omissions which are caused by ENGINEER'S failure to comply with above standard, and
which are reported to ENGINEER within one year from the completion of ENGINEER'S services for the
Project.
7.2.2. The obligations and representations contained in Paragraph 7.2.1 are ENGINEER'S sole
obligation and OWNER'S exclusive remedy with respect to defects in the quality of services detected prior
to project completion under a Task Order. OWNER'S failure to properly operate and maintain the project
shall relieve ENGINEER of its liability for any damage caused in whole or in part by improper operation or
maintenance.
7.2.3 No warranty, express or implied, is included in this Agreement or regarding any drawing,
specification, or other work product or instrument of service or oral or written representation by
ENGINEER or its employees or consultants.
7.2.4 Subject to Paragraph 7.14.1 and Section 8, the obligations and remedies stated in this Section
7.2, Professional Responsibility, are the sole and exclusive obligations of ENGINEER and remedies of
OWNER, regardless of the cause of action pled including, without limitation, all types of negligence.
7.3 Cost Opinions and Projections
Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules,
operation and maintenance costs, equipment characteristics and performance, and operating results are
based on ENGINEER'S experience, qualifications, and judgment as a design professional. Since
ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor
productivity, construction Contractors' procedures and methods, unavoidable delays, construction
Contractors' methods of determining prices, economic conditions, competitive bidding or market
conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee
that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and
projections prepared by ENGINEER.
7.4 Changes
OWNER shall have the right to make changes within the general scope of ENGINEER'S services, with an
appropriate change in compensation and schedule, upon execution of a mutually acceptable amendment
or change order signed by an authorized representative of the OWNER and the President or any Vice
President of the ENGINEER.
7.5 Suspension of Services
Should OWNER fail to fulfill its responsibilities as provided under Section 4 to the extent that ENGINEER
is unduly hindered in ENGINEER'S services or if OWNER fails to make any payment to ENGINEER on
account of ENGINEER'S services and expenses within 90 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 OWNER'S obligations under this AGREEMENT.
7.6 Termination
Reference Section 7.21 Federal contract Provision per the FAA Airport Improvement Program.
7.7 Delays
In the event the services of the ENGINEER are suspended or delayed by the OWNER, the ENGINEER
shall be entitled to additional compensation for reasonable costs incurred by the ENGINEER in
temporarily closing down or delaying the Project and reassigning Project staff (including, but not limited
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to, unavoidable down time and any termination expenses incurred where reassignment is not reasonably
possible) and in organizing Project files, records, and work in progress for suspension and later
resumption of the ENGINEER'S services.
7.8 Legal Fees and Expenses
In the event that a dispute should arise relating to the performance of the services to be provided and
should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all
reasonable costs of litigation, including staff time, court costs, attorneys' Fees, and other related
expenses.
7.9 Rights and Benefits
ENGINEER'S services will be performed solely for the benefit of the OWNER and not for the benefit of
any other persons or entities.
7.10 Dispute Resolution
7.10.1 Scope of Section: The procedures of this Section 7.10 and it subparts shall apply to any and all
disputes between OWNER and ENGINEER (including disputes involving an officer, director or employee
of either party) which arise from, or in any way are related to, this AGREEMENT, including, but not limited
to the interpretation of this AGREEMENT, the enforcement of its terms, any acts, errors, or omissions of
OWNER or ENGINEER in the performance of this AGREEMENT, whether in contract or in tort, and
disputes concerning payment.
7.10.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate and,
if necessary, mediate their disputes as set forth in this Paragraph. If timely Notice is given under
Paragraph 7.10.3, but an action is initiated prior to exhaustion of these procedures, such action shall be
stayed, upon application by either party to a court of proper jurisdiction, until the procedures in
Paragraphs 7.10.3, 7.10.4, and 7.10.5 have been complied with.
7.10.3 Notice of Dispute
7.10.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any
incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other
party with a written Notice;
7.10.3.2 For disputes arising after the making of final payment, OWNER shall give ENGINEER written
Notice at the address listed in Paragraph 7.18 within ninety (90) days after occurrence of any incident,
accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate portions of this
AGREEMENT that authorize the relief requested.
7.10.4 Negotiation: Within seven (7)days of receipt of the Notice, the Project Managers for the OWNER
and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that
level within twenty-one (21) days after Notice then, upon written request of either side, the matter shall be
referred to the Division President of the ENGINEER and the Deputy Director for Planning and
Transportation Services of the OWNER. These officers shall meet at the Project Site or such other
location as is agreed upon within thirty (30) days of the written request to resolve the dispute.
7.10.5 Mediation: If the OWNER'S and ENGINEER'S said officers are unable to resolve the dispute,
then either side may request that the matter be submitted to mediation before a mediator mutually agreed
upon. If the parties cannot agree on a mediator, then the American Arbitration Association shall appoint
one upon request. Any administrative or mediator's fees shall be split equally between the parties. The
mediation shall take place in Jefferson City, Missouri unless the parties mutually agree on another
location.
CITY OF JEFFERSON,MISSOURI MARCH 2,2011
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7.10.6 Waiver Upon Final Payment: The making of final payment by OWNER and the acceptance of
same by ENGINEER and ENGINEER'S subconsultants shall constitute a waiver of existing claims by the
OWNER and such payee except those previously made in writing and identified as unsettled by OWNER
at the time of payment, or by the payee at the time of such payee's final invoice. Except for those claims
waived under Paragraph 7.1.3, final payment shall not constitute a waiver of claims by the OWNER
relating to liens unsettled, or subsequent discovery of services not in compliance with this AGREEMENT.
The waivers contained in Paragraph 7.1.3 shall continue to apply after final payment is made.
7.10.7 Waiver Due to Untimely Notice: Claims arising after the making of final payment shall be barred,
and no suit or demand may be filed if Notice as stated in Paragraph 7.10.3.2 is not given. Nothing in this
Paragraph shall be construed as directly or indirectly limiting the time to institute suit, but rather to give
the responding party timely notice and prompt opportunity to investigate the allegations of the dispute.
7.11 The OWNER represents that it has sufficient funds or the means of obtaining funds to remit
payment to the ENGINEER for services rendered by the ENGINEER.
7.12 Publications
Recognizing the importance of professional development on the part of ENGINEER'S employees and the
importance of ENGINEER'S public relations, ENGINEER may prepare publications, such as technical
papers, articles for periodicals, and press releases, pertaining to ENGINEER'S services for the Project.
Such publications will be provided to OWNER in draft form for OWNER'S advance review. OWNER shall
review such drafts promptly and provide OWNER'S comments to ENGINEER. OWNER may require
deletion of proprietary data or confidential information from such publications, but otherwise OWNER will
not unreasonably withhold approval. The cost of ENGINEER'S activities pertaining to any such
publication shall be for ENGINEER'S account.
7.13 Indemnification for Pollution Related Claims
For services involving or related to pollution, toxic substances, or hazardous wastes or asbestos
abatement work, OWNER agrees to release, defend, indemnify, and hold harmless ENGINEER and its
officers, directors, employees, agents, and CONSULTANTS and from all liability, claims, demands,
damages, losses, and expenses, direct, indirect or consequential, including, but not limited to, claims of
OWNER and other persons and organizations, reasonable fees and expenses of attorneys and
CONSULTANTS, and court costs arising out of the performance of this AGREEMENT. This
indemnification provision extends to claims against ENGINEER which arise out of the actual, alleged, or
threatened dispersal, escape, or release of chemicals, wastes, liquids, gases, or any other material,
irritant, contaminant, or pollutant, or arising out of or resulting from asbestos abatement work.
7.14 Indemnification
7.14.1 Subject to the provisions of Sections 4 and 8 of this Agreement, ENGINEER agrees to indemnify
OWNER for damages, costs and expenses (including reasonable attorney's fees) but only to the extent
caused by the negligent acts, errors or omissions of ENGINEER, its officers, directors, shareholders,
employees, agents, and CONSULTANTS, and any of them. Nothing in this Agreement shall require
ENGINEER to provide a defense of the OWNER against any claim, suit or complaint.
7.14.2 OWNER agrees to indemnify ENGINEER for damages, costs and expenses (including
reasonable attorney's fees) but only to the extent caused by the negligent acts, errors or omissions of
OWNER, its officers, directors, shareholders, Contractors, employees, agents, and CONSULTANTS, and
any of them.
7.14.3 OWNER agrees that it will require all construction Contractors to indemnify, defend, and hold
harmless OWNER and ENGINEER from and against any and all loss where loss is caused or incurred or
alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault
of the Contractors, or their employees, agents, subcontractors, and suppliers.
CITY OF JEFFERSON,MISSOURI MARCH 2, 2011
12
7.14.4 If the services under a Task Order involve construction, and ENGINEER does not provide
services during construction including, but not limited to, on-site observation, site visits, submittals review,
and design clarifications, OWNER agrees to indemnify and hold harmless ENGINEER from or against
any liability arising from the Project or this AGREEMENT.
7.15 Computer Models
ENGINEER may use or modify ENGINEER'S proprietary computer models in service of OWNER under
this AGREEMENT, or ENGINEER may develop computer models during ENGINEER'S service to
OWNER under this AGREEMENT. Such use, modification, or development by ENGINEER does not
constitute a license to OWNER to use or modify ENGINEER'S computer models. Said proprietary
computer models shall remain the sole property of the ENGINEER. OWNER and ENGINEER will enter
into a separate license agreement if OWNER wishes to use ENGINEER'S computer models.
7.16 Reuse of Documents
All documents including Contract Drawings and Specifications prepared or furnished by ENGINEER (and
ENGINEER'S independent professional associates and consultants) pursuant to this AGREEMENT are
instruments of service in respect of the Project, and ENGINEER shall have the ownership and property
interest therein whether or not the Project is completed. OWNER may make and retain copies for
information and reference in connection with the use and occupancy of the project by OWNER and
others; however, such documents are not intended or represented to be suitable for reuse by OWNER or
others on extensions of the Project or on any other project. Any reuse without written verification or
adaptation by ENGINEER for the specific purpose intended will be at OWNER'S sole risk and without
liability or legal exposure to ENGINEER, or to ENGINEER'S independent professional associates or
CONSt1LTANTs, and OWNER shall indemnify and hold harmless ENGINEER and ENGINEER'S
independent professional associates and consultants from and against all claims, damages, losses, and
expenses, including attorneys' fees arising out of or resulting therefrom. Any such verification or
adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and
ENGINEER.
7.17 Electronic Media
Any electronic media (computer disks, tapes, and similar items) furnished with respect to ENGINEER'S
services are for OWNER'S information and convenience only. Such media are not to be considered part
of ENGINEER'S instruments of service. (Due to the potential that information contained in electronic
media can be modified by OWNER or others, ENGINEER, at its option, may remove all indicia of
ENGINEER'S ownership and involvement from each electronic display.)
ENGINEER shall not be liable for loss or damage directly or indirectly, arising out of use of electronic
media including, but not limited to, any loss of business or incidental or consequential damage. OWNER
shall assume all risk and release, indemnify, and hold harmless ENGINEER, its officers, directors,
employees, servants, agents, successors, and assigns, from and against each and every claim or cause
of action that OWNER or others may have or which may arise in the future respecting use of the
electronic media.
If there is a discrepancy between the electronic media files and the signed and sealed hard copies, the
hard copies shall govern.
7.18 Notices
Any Notice required under this AGREEMENT will be in writing, addressed to the appropriate party at the
following addresses:
CITY OF JEFFERSON,MISSOURI MARCH 2,2011
13
OWNER'S address:
The City of Jefferson
c/o Ms. Janice McMillan, AICP
320 East McCarty Street
Jefferson City, Missouri 65101
ENGINEER'S address:
Burns& McDonnell Engineering Company, Inc.
c/o David G. Hadel, P.E.
9400 Ward Parkway
Kansas City, Missouri 64114
7.19 Successor and Assigns
OWNER and ENGINEER each binds itself and its 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 its interest in the AGREEMENT without the written consent of
the other.
7.20 Controlling Law
This AGREEMENT shall be subject to, interpreted, and enforced according to the laws of the State of
Missouri without regard to any conflicts of law provisions.
7.21 Federal Contract Provisions per the Federal Aviation Administration (FAA) Airport Improvement
Program within this section 7.21 herein, the term "CONSULTANT" shall apply to ENGINEER and
"SPONSOR" shall apply to OWNER. The following federal contract provisions will be adhered to as
practical for the duration of this AGREEMENT.
CIVIL RIGHTS ACT OF 1964, TITLE VI—CONSULTANT CONTRACTUAL REQUIREMENTS
During the performance of this contract, the CONSULTANT, for itself, its assignees and successors in
interest agrees as follows:
1.1 Compliance with Regulations. The CONSULTANT shall comply with the Regulations
relative to nondiscrimination in federally assisted programs of the Department of Transportation
(hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended
from time to time (hereinafter referred to as the Regulations), which are herein incorporated by
reference and made a part of this contract.
1.2 Nondiscrimination. The CONSULTANT, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors, including procurements of materials and leases of equipment.
The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited
by section 21.5 of the Regulations, including employment practices when the contract covers a
program set forth in Appendix B of the Regulations.
1.3 Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In
all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work
to be performed under a subcontract, including procurements of materials or leases of equipment,
each potential subcontractor or supplier shall be notified by the CONSULTANT of the
CONSULTANT's obligations under this contract and the Regulations relative to nondiscrimination
on the grounds of race, color, or national origin.
1.4 Information and Reports. The CONSULTANT shall provide all information and reports
required by the Regulation or directives issued pursuant thereto and shall permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
CITY OF JEFFERSON,MISSOURI MARCH 2,2011
14
the SPONSOR or the Federal Aviation Administration (FAA)to be pertinent to ascertain
compliance with such Regulations, orders, and instructions. Where any information required of a
CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this
information, the CONSULTANT shall so certify to the SPONSOR or the FAA, as appropriate, and
shall set forth what efforts it has made to obtain the information_
1.5 Sanctions for Noncompliance. In the event of the CONSULTANT's noncompliance with the
nondiscrimination provisions of this contract, the SPONSOR shall impose such contract sanctions
as it or the FAA may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the CONSULTANT under the contract until the CONSULTANT
complies, and/or
b_ Cancellation, termination, or suspension of the contract, in whole or in part.
1.6 Incorporation of Provisions. The CONSULTANT shalt include the provisions of paragraphs
1 through 5 in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations or directives issued pursuant thereto. The CONSULTANT shall
take such action with respect to any subcontract or procurement as the SPONSOR or the FAA
may direct as a means of enforcing such provisions including sanctions for noncompliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the CONSULTANT may
request the SPONSOR to enter into such litigation to protect the interests of the SPONSOR and,
in addition, the CONSULTANT may request the United States to enter into such litigation to
protect the interests of the United States,
AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 -GENERAL. CIVIL RIGHTS
PROVISIONS
The CONSULTANT assures that it will comply with pertinent Federal statutes, Executive orders and such
rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national
origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting
from Federal assistance.
In the case of CONSULTANTS, this provision binds the CONSULTANTS from the bid solicitation period
through the completion of the contract. This provision is in addition to that required of Title VI of the Civil
Rights Act of 1964.
DISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance (§26.13) -The CONSULTANT and their subcontractors shall not discriminate on
the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT
shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT
assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of
this contract, which may result in the termination of this contract or such other remedy, as the recipient
deems appropriate.
Prompt Payment(§26.29)-The CONSULTANT agrees to pay each subcontractor under this prime
contract for satisfactory performance of its contract no later than 30 days from the receipt of each
payment the CONSULTANT receives from OWNER. The CONSULTANT agrees further to return
retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily
completed. Any delay or postponement of payment from the above referenced time frame may occur only
for good cause following written approval of the OWNER. This clause applies to both DBE and non-DBE
subcontractors.
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
(1) No Federal appropriated funds shall be paid, by or on behalf of the CONSULTANT, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
CITY OF JEFFERSON,MISSOURI MARCH 2,2011
15
officer or employee of Congress, or an employee of a Member of Congress in connection with the making
of any Federal grant and the amendment or modification of any Federal grant.
(2) if any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with any
Federal grant, the CONSULTANT shall complete and submit Standard Form-LLL, "Disclosure of Lobby
Activities," in accordance with its instructions.
ACCESS TO RECORDS AND REPORTS
The CONSULTANT shall maintain an acceptable cost accounting system. The CONSULTANT agrees to
provide the SPONSOR, the Federal Aviation Administration and the Comptroller General of the United
States or any of their duly authorized representatives access to any books, documents, papers, and
records of the CONSULTANT which are directly pertinent to the specific contract for the purpose of
making audit, examination, excerpts and transcriptions. The CONSULTANT agrees to maintain all books,
records and reports required under this contract for a period of not less than three years after fnai
payment is made and all pending matters are closed.
BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the CONSULTANT or their subcontractors
may result in the suspension or termination of this contract or such other action that may be necessary to
enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract
Documents and the rights and remedies available there under shall be in addition to and not a limitation
of any duties, obligations, rights and remedies otherwise imposed or available by law.
RIGHTS TO INVENTIONS
All rights to inventions and materials generated under this contract are subject to regulations issued by
the FAA and the SPONSOR of the Federal grant under which this contract is executed.
TRADE RESTRICTION CLAUSE
The CONSULTANT or their subcontractors, by execution of a contract, certifies that it:
a. Is not owned or controlled by one or more citizens of a foreign country included in the list
of countries that discriminate against U.S. firms published by the Office of the United States
Trade Representative(USTR);
b. Has not knowingly entered into any contract or subcontract for this project with a person
that is a citizen or national of a foreign country on said list, or is owned or controlled directly
or indirectly by one or more citizens or nationals of a foreign country on said list;
c. Has not procured any product nor subcontracted for the supply of any product for use on
the project that is produced in a foreign country on said list.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49
CFR 30.17, no contract shall be awarded to a CONSULTANT or subcontractor who is unable to certify to
the above. If the CONSULTANT knowingly procures or subcontracts for the supply of any product or
service of a foreign country on said list for use on the project, the Federal Aviation Administration may
direct through the SPONSOR cancellation of the contract at no cost to the Government.
Further, the CONSULTANT agrees that it will incorporate this provision for certification without
modification in each contract and in all lower tier subcontracts. The CONSULTANT may rely on the
certification of a prospective subcontractor unless it has knowledge that the certification is erroneous.
The CONSULTANT shall provide immediate written notice to the SPONSOR if the CONSULTANT learns
that its certification or that of a subcontractor was erroneous when submitted or has become erroneous
CITY OF JEFFERSON,MISSOURI MARCH 2,2011
16
by reason of changed circumstances. The subcontractor agrees to provide written notice to the
CONSULTANT if at any time it learns that its certification was erroneous by reason of changed
circumstances.
This certification is a material representation of fact upon which reliance was placed when making the
award. If it is later determined that the CONSULTANT or subcontractor knowingly rendered an erroneous
certification, the Federal Aviation Administration may direct through the SPONSOR cancellation of the
contract or subcontract for default at no cost to the Government.
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 provision. The knowledge and information
of a CONSULTANT is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the United States of America
and the making of a false, fictitious, or fraudulent certification may render the maker subject to
prosecution under Title 18, United States Code, Section 1001.
TERMINATION OF CONTRACT
a_ The SPONSOR may, by written notice, terminate this contract in whole or in part at any time, either
for the SPONSOR's convenience or because of failure to fulfill the contract obligations. Upon receipt
of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all
materials as may have been accumulated in performing this contract, whether completed or in
progress, delivered to the SPONSOR.
b, If the termination is for the convenience of the SPONSOR, an equitable adjustment in the contract
price shall be made, but no amount shall be allowed for anticipated profit on unperformed services.
c. If the termination is due to failure to fulfill the CONSULTANT's obligations, the SPONSOR may
take over the work and prosecute the same to completion by contract or otherwise. In such case, the
contractor shall be liable to the SPONSOR for any additional cost occasioned to the SPONSOR
thereby.
d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the
CONSULTANT had not so failed, the termination shall be deemed to have been effected for the
convenience of the SPONSOR. In such event, adjustment in the contract price shall be made as
provided in paragraph 2 of this clause.
e. The rights and remedies of the SPONSOR provided in this clause are in addition to any other rights
and remedies provided by law or under this contract.
CERTIFICATION REGARDING DEBAREMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
The CONSULTANT certifies, by submission of this proposal or acceptance of this contract, that neither it
nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency. It further
agrees by acceptance of this contract that it will include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts, and subcontracts. Where the CONSULTANT or any
lower tier participant is unable to certify to this statement, it shall attach an explanation to this agreement.
7.22 Entire Agreement
This AGREEMENT represents the entire AGREEMENT between the ENGINEER and OWNER relative to
the Scope of Services herein. All previous or contemporaneous agreements, representations, promises,
and conditions relating to ENGINEER'S services described herein are superseded. Since terms
contained in purchase orders do not generally apply to professional services, in the event OWNER issues
CITY OF JEFFERSON,MISSOURI MARCH 2,2091
17
to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this AGREEMENT.
Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document
for the OWNER'S internal management of its operations.
SECTION 8 —LIMITATION OF LIABILITY
8.1 To the fullest extent permissible by law, and notwithstanding any other provision of this
Agreement, the total liability, in the aggregate, of ENGINEER, its officers, directors, shareholders,
employees, agents, and CONSULTANTS, and any of them, to OWNER and anyone claiming by, through
or under OWNER, for any and all claims, losses, liabilities, costs or damages whatsoever arising out of,
resulting from or in any way related to the Project or this Agreement from any form of negligence,
professional errors or omissions (including breach of contract or warranty) of ENGINEER, its officers,
directors, employees, agents or CONSULTANTS, or any of them, SHALL NOT EXCEED the total
compensation actually received by ENGINEER under this Agreement (including all Task Orders), or the
sum of Two Million Dollars ($2,000,000 US), whichever is greater. The parties agree that specific
consideration has been given by the ENGINEER for this limitation and that it is deemed adequate.
8.2 In no event will ENGINEER be liable for any special, indirect, or consequential damages
including, without limitation, damages or losses in the nature of increased Project costs, loss of revenue
or profit, lost production, claims by customers of OWNER, or governmental fines or penalties.
IN WITNESS WHEREOF, the parties have made and executed this AGREEMENT as of the day and year
first above written.
OWNER: City of Jefferson, Missouri ENGINEER: Burns & McDonnell Engineering
Company, Inc.
By: ?.Z—,
Name: ,� •fi Landwehr Name: Iavid . Yeamans
Title: Mayor Title: President—A&F
J.
By• t"
Name: David G- Hadel, P.E.
APP Ta
Title: Director of Aviation Services
City Counse or
END OF AGREEEMENT FOR PROFESSIONAL ENGINEERING SERVICES
REFERENCE EXHIBIT A(ATTACHED) FOR EXAMPLE TASK ORDER FORMAT
CITY OF JEFFERSON,MISSOURI MARCH 2,2011
18
EXHIBIT A
AUTHORIZATION NO.
PROFESSIONAL_ ENGINEERING SERVICES
FOR
"INSERT PROJECT NAME"
AT JEFFERSON CITY MEMORIAL_AIRPORT
Project No.
In accordance with SECTION 1 –AUTHORIZATION OF SERVICES of the Agreement for
Professional Engineering Services (the"AGREEMENT'), dated by
and between THE CITY OF JEFFERSON (SPONSOR/OWNER)and BURNS & McDONNELL
(ENGINEER/CONSULTANT), the following Airport Improvement Project("AIP") authorization is
hereby given and mutually agreed upon:
A. PROJECT NAME AND DESCRPTION OF IMPROVEMENTS:
B. DESCRIPTION OF SERVICES TO BE PERFORMED:
C. METHOD OF COMPENSATION:
D. AMOUNT OF COMPENSATION:
E. ESTIMATED TIME OF COMPLETION:
F. ENGINEERS' NOTICE TO PROCEED DATE:
IN WITNESS WHEREOF, the parties hereto have caused this Authorization to be executed in
three (3)counterparts by their duly authorized representatives and made effective the day and
year first written above.
-------..—..----------------0000000---------- ---
City of Jefferson, Missouri Burns & McDonnell Engin Bring Company, Inc.
BY - (•' By !
John andwehr David G. Hadef;'rE
Ma or Director of Aviation Services
ATT,E .
City Clerk
END OF AUTHORIZATION
FOR PROFESSIONAL ENGINEERING SERVICES
CITY OF JEFFERSON,MISSOURI MARCH 2, 21711
1