HomeMy WebLinkAboutRes.2847.10-06-2014BILL NO. 14-163
RESOLUTION NO. I 1
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH KOEHLER
ENGINEERING AND LAND SURVEYING, INC., FOR
THE INDEPENDENCE AND GORDONVILLE TRAFFIC
STUDY
BE IT RESOLVED BY THE COUNCIL OF. THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the
City of Cape Girardeau, Missouri, is hereby authorized to
execute an Agreement with Koehler Engineering and Land
Surveying, Inc., for the study phase of the Independence and
Gordonville Traffic Study, in the City of Cape Girardeau. The
Agreement shall be in substantially the form attached hereto as
Exhibit A, which document is hereby approved by the City
Council, with such changes therein as shall be approved by the
officers of the City executing the same.
PASSEDA D,THIS DAY OF 014.
i s-
. 6p 9G
4 �'•.
}, „... v Harry E. Rediger, Mayor
ATTEST:
T If F_ liNlpy
Gayl�)L. Conrad, City Clerk
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SPONSOR: City of Cape Girardeau
LOCATION: Independence Street at Gordonville Road
PROJECT: Intersection Improvements at Independence St. & Gordonville Rd. STP-1500(022)
THIS CONTRACT is between City of Cape Girardeau, Missouri, hereinafter referred to as the "Local
Agency", and Koehler Engineering and Land Surveying, Inc., 194 Coker Lane, Cape Girardeau, MO
63701, hereinafter referred to as the "Engineer".
INASMUCH as funds have been made available by the Federal Highway Administration through its
Surface Transportation Program (STP) Small Urban, coordinated through the Missouri Department of
Transportation, the Local Agency intends to perform a traffic study and make recommendations for
improving traffic flow and relieving congestion during peak travel periods at the intersection of
Independence Street with Gordonville Road and requires professional engineering services. The
Engineer will provide the Local Agency with professional services hereinafter detailed for the study
of the desired improvements and the Local Agency will pay the Engineer as provided in this contract.
Preliminary Engineering, design, and construction inspection will be addressed by a supplemental
Engineering Services Contract (ESC) upon completion of the study. It is mutually agreed as follows:
ARTICLE I—SCOPE OF SERVICES
See Attachment A for the Scope of Service specific to this project.
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 0.00 % of the total
Agreement dollar value.
�. DBE Participation Obtained by Engineer: The Engineer has obtained DBE participation, and
agrees to use DBE firms to complete, 0.00 % of the total services to be performed under
this Agreement, by dollar value. The DBE firms which the Engineer shall use, and the type
and dollar value of the services each DBE will perform, is as follows:
DBE FIRM PERCENTAGE
NAME, CONTRACT OF
STREET AND TOTAL $ $ AMOUNT SUBCONTRACT
COMPLETE TYPE OF VALUE OF TO APPLY DOLLAR VALUE
MAILING DBE THE DBE TO TOTAL APPLICABLE TO
ADDRESS SERVICE SUBCONTRACT DBE GOAL TOTAL GOAL
Not Applicable
Fig. 136.4.1 Contract Revised 6/25/13
1
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ARTICLE III-ADDITIONAL SERVICES
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 properly owners and otherwise
�rovide all services in connection with acquiring all right-of-way needed to construct this
�rojevl.
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. Conceptual Study Submittal shall be completed on or before December 15, 2014
The Local Agency will grant time extensions for delays due to unforeseeable causes beyond the
control of and without fault or negligence of the Engineer. Requests for extensions of time shall be
made in writing by the Engineer, 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.
Fig. 136.4.1 Contract Revised 6/25/13
2
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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 design services, including work through the construction contract award stage, the Local
Agency will pay the Engineer the actual costs incurred plus a predetermined fixed fee of
$950.22,with a ceiling established for said design services in the amount of
$8,739.20, which amount shall not be exceeded.
B. 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.
C. Actual costs in Sections A 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
2. An amount estimated at 40.05% 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 141.08% 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.
Fig. 136.4.1 Contract Revised 6/25/13
3
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D. 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.
E. The payment of costs under this contract will be limited to costs which are allowable under 23
CFR 172 and 48 CFR 31.
F. 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 Engineer 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 Engineer, within 45
days after the Local Agency's receipt of the Engineer'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.
G. 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.
ARTI�LE VIIY - 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.
Fig. 136.4.1 Contract Revised 6/25/13
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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:
No sub-consultants are anticipated for the contract. In the event that any of the following are
required, a supplemental agreement will be prepared and entered into, and the cost handled as either a
direct cost or pass-through cost to the consultant to be reimbursed at cost, or with a sub consultant to
be determined at that time:
Archeological Surveys or Studies (If Required)
Asbestos and Lead Paint Testing (If Required)
Indiana Bat Studies (If Required)
Title Documents (If Required)
Sub-Consultant Name Address Services
Not Applicable/Anticipated at Contract Time.
ARTICLE X- PROFESSIONAL ENDORSEMENT
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
r�cards, 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.
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.
Fig. 136.4.1 Contract Revised 6/25/13
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ARTICLE XIII—SUSPENSION OR TERMINATION OF AGREEMENT
A. The Local Agency may, without being in breach hereof, suspend or terminate the Engineer's
services under this Agreement, or any part of them, for cause or far the convenience of the
Local Agency, upon giving to the Engineer at least fifteen (15) days' prior written notice of
the effective date thereof. The Engineer 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 Engineer 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 Engineer, a proportional amount of the fixed fee
based upon an estimated percentage of Agreement completion, plus reasonable costs incurred
by the Engineer 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 Engineer's compensation and schedule for performance of services hereunder
shall be equitably adjusted upon resumption of performance of the services.
C. The Engineer 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 Engineer. This liability shall survive and shall not be waived, or
estopped by final payment under this Agreement.
D. The Engineer 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 Engineer is deprived of the
opportunity to complete the Engineer's services.
F. Upon the occurrence of any of the following events, the Engineer may suspend performance
hereunder by giving the Local Agency 30 days advance written notice and may continue such
suspension uniii ihe condition is satisfactorily remedied by the Local Agency. In the event
the condition is not remedied within 120 days of the Engineer's original notice, the Engineer
may terminate this agreement.
1. Receipt of written notice from the Local Agency that funds are no
longer available to continue performance.
2. The Local Agency's persistent failure to make payment to the Engineer
in a timely manner.
3. Any material contract breach by the Local Agency.
Fig. 136.4.1 Contract Revised 6/25/13
6
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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
n� 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.
ARTICLE XIX—LOBBY CERTIFICATION
CERTIFICATION ON LOBBYING: Since federal funds are being used for this agreement, the
Engineer'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. Engineer agrees to
abide by all certification or disclosure requirements in 49 C.F.R. Part 20 which are incorporated
herein by reference.
Fig. 136.4.1 Contract Revised 6/25/13
7
ARTICLE XX—INSURANCE
A. The Engineer shall maintain commercial general liability, automobile liability, and worker's
compensation and employer's liability insurance in full force and effect to protect the
Engineer 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 Engineer 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 Engineer shall also maintain professional liability insurance to protect the Engineer
against the negligent acts, errors, or omissions of the Engineer and those for whom it is
legally responsible, arising out of the performance of professional services under this
Agreement.
C. The Engineer's insurance coverage shall be for not less than the following limits of liability:
Insurance Tvne Amount
Worker's Compensation: In full compliance with statutory requirements of
Federal and State of Missouri
Comprehensive General and Professional Liability: $404,000 each person
$2,690,000 each occurrence
Comprehensive Automobile Liability: $404,000 each person
$2,690,000 each occurrence
Employer Liability: $404,000 each person
$2,690,000 each occurrence
City's Protective Bodily Injury Including Death: $404,000 each person
$2,690,000 each occurrence
City's Protective Property Damage: $404,000 each person
$2,690,000 each occurrence
D. The Engineer shall, upon request at any time, provide the Local Agency with certificates of
insurance evidencing the Engineer'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
Fig. 136.4.1 Contract Revised 6/25/13
8
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America. Each insurance policy must be issued by a company authorized to issue such
insurance in the State of Missouri.
ARTICLE XXI - ATTACHMENTS
The following exhibits are attached hereto and are hereby made part of this contract:
Attachment A— Scope of Service
Attachment B - Estimate of Cost
Attachment C - Breakdown of Overhead Rates
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
Fig. 136.4.1 Contract Revised 6/25/13
9
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Executed by the Engineer this 1 S` day of_October_, 20 14_.
Executed by the City this�(J�day of(�(�; �Q.r , 20�.
FOR: CITY OF CAPE GIRARD , ISSOURI
BY:
Scott Meyer �
4
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ATTEST: � ! E�'„ - � !
��City Clerk � v _ C �
*THE tTNI � l
\ *
FOR: KOEHLER ENGINEERIN� RVEYING, INC.
�
BY:
Chri oehler, PE, PLS, President
ATTEST: ` �.t�.
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.
�.r�w.,��...� S��„�
-�ohn Richbourg, Di�rc�tor of Finance
Fig. 136.4.1 Contract Revised 6/25/13
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ATTACHMENT A
Scope of Services
Study Phase
A. Traffic Study- The Engineer shall perform a traffic study for the purpose of obtaining both existing
and projected future traffic volumes for the design concepts under study including data needed for
evaluation of both traffic signals and a roundabout.
1. Perform a 14-hour turning movement count by 15-minute intervals including any bicycles and
pedestrian movements.
2. Record intersection delay during peak hour traffic.
3. Perform signal warrant analysis.
4. Summary of accidents occurring within 500' of intersection within past 3 years(with accident
counts to be furnished by the City Police Department)
B. Conceptual Report-The Engineer shall prepare a report which includes analysis,evaluation and
documentation of the traffic study findings and provide recommendation of an alternate(signal or
roundabout)which optimizes intersection operation in a cost effective manner (life cycle cost can also
be considered). Concept should be developed in sufficient detail to determine feasibility of locating
within available right of way (although concepts with minor right of way acquisition costs will also be
considered).
1. Include results of signal warrant analysis.
2. Provide current and projected design year traffic volumes for year 2035.
3. A peak hour intersection level of service,v/c ratio and delay shall be provided far each
concept based on procedures described in the latest edition of the Highway Capacity Manual.
4. Identify locations where pedestrian accommodations needed.
5. Develop an opinion of construction cost for each concept considered.
6. Provide conceptual2D drawings including locations of warranted turn lanes for each alternate
on aerial photo background.
Fig. 136.4.1 Contract Revised 6/25/13
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ATTACHMENT B1
ENGINEERING SERVICES FEE SCHEDULE(Study Phase)
COST&PRICE SUMMARY FORMAT
Date: 25-Sep-14
PROJECT NAME: Signalization of the Intersection of Gordonville Road and Independence Street
PROJECT LOCATION: Cape Girardeau, Missouri
PROJECT NUMBER: STP-1500(022)
E TI H UR E TIMA E
DIRECT LABOR HOURS RATE COST TOTALS
Principal Engineer/Senior PE 64 $ 37.50 $ 2,400.00
Senior Geotechnical Engineer 0 $ 37.50 $ -
Engineer I 0 $ 28.84 $ -
Engineer II 8 $ 25.00 $ 200.00
Draftsman I 0 $ 16.50 $ -
Secretarial 0 $ 14.50 $ -
Registered Land Surveyor 0 $ 27.50 $ -
Survey Party Chief 0 $ 26.25 $ -
Survey Rodman 0 $ 12.00 $ -
Drilling Technician#1 0 $ 18.00 $ -
Drilling Technician#2 0 $ 15.00 $ -
Direct Labor Total: $ 2,600.00
INDIRECT COST(OVERHEAD)
DIRECT LABOR DISTRIBUTION BASE
1.8113 (.4005 Fringe, 1.4108 General OH)x Direct Labor Total
INDIRECT COST: $ 4,709.38
SUBTOTAL EXCLUSIVE OF FIXED FEE: $ 7,309.38
FIXED FEE 13%'SUBTOTAL $ 950.22
OTHER DIRECT COST
Postage&Telephone: 0 $ -
Mileage 0 0.560 $ -
Copies and Reproduction(Excluding Bid Sets) $ 50.00
Miovision Processing of Traffic Counts 1 429.6 $ 429.60
$ -
OTHER DIRECT COST TOTAL: $ 479.60
Cultural/Historical Resources Surve : $ -
Pass Throu h Costs to DBE Subconsultant- $ -
TOTAL ENGINEERING FEE FOR DESIGN PHASE SERVICES: = 8,T39.20
Item Hours
Projected Distribution of PE Time for Warrant Study: 8
Study Components: Trafffic Projections 6
Peak Hour Level of Service 6
Pedestrian Accomodations 4
Conceptual Layouts 12
Estimates 8
Concept Drawings 4
Compile Data and Prepare Report 16
Total: 64
r •
- Attachment C-
KOEHLER ENGINEERING AND LAND SURVEYING,INC.
STATEMENT OF DIRECT LABOR,FRINGE BENEFITS AND GENERAL OVERHEAD
FOR THE YEAR ENDED DECEMBER 31,2013
Financial %of
Account Statement Direct Disallowed Total Direct
Description Expense Expense Expense Ref Proposed Labor
Direct Labor 5110/5120 $ 574,721.63 $ 574,721.63 $ 4,907.44 (a) $ 579,629.07 100.00%
Fringe Benefits:
Employee Bonuses 7�30 $ 28,496.15 $ - $ - $ 28,496.15 4.92%
Paid Time Off 7150 29,681.12 - - 29,681.12 5.12%
Holidays 7�so 22,545.65 - - 22,545.65 3.89%
Payroll Taxes 7210/7220/7230 82,192,91 - 82,192.91 14.18%
Health Insurance 7320 69,218.20 - 69,218.20 11.94%
Total Fringe Benefits $ 232,134.03 $ - $ - $ 232,134 03 40.05%
GeneralOverhead:
Billable Reimburseables 52�0 6,953.93 $ (6,953.93) $ (b) $ 0.00%
Billable Repoduction and Printing 5230 1,698.15 (1,698.15) (b) 0.00%
Billable Postage and Shipping 52so 2,765.73 (2,765.73) (b) 0.00%
Billable Consulting Expenses 53�0 41,797.38 (41,797.38) (b) 0.00%
Nonbillable Salaries s�ao 4,483.92 4,483.92 0.77%
Nonbillable Reimburseables s2�o 2,303.00 2,303.00 0.40%
Nonbillable Reproduction&Printing s23o 144.00 144.00 0.02%
Nonbillable Telephone sz5o 1,034.01 �,osa.o� 0.18%
Nonbillable Postage and Shipping s2so 352.94 352.94 0.06%
Nonbillable Consulting Expenses s3�o 1,359.50 1,359.50 0.23%
Administrative Salaries 714o i s000 i8001 289,268.05 (4,907.44) (a) 284,360.61 49.06%
Registrations and Dues 7520 6,470.09 6,470.09 1.12%
Rent 8110 98,400.00 (74,172.91) (C) 24,227,09 4.18%
Utilities s�2o 13,831.93 13,831.93 2.39%
Contractual Services 7620/8130 8,192.50 8,192.50 1.41%
Lawn Care 8135 �,ssa.7o 1,694.70 0.29%
Repairs and Maintenance s�ao 22,584.76 22,584.76 3.90%
Office Supplies azlo 24,572.25 24,572.25 4.24%
Operating Supplies 8211 33,576.85 33,576.85 5.79%
Professional Services 8220 18,541.87 18,541.87 3.20%
Computer Supplies 8240 1,511.71 1,511.71 0.26%
Software Expenses 8250/8251 23,839.24 23,839.24 4.11%
Periodicals and Books 8280 4,218.90 4,218.90 0.73%
Legal and Accounting 8320 11,126.50 11,126.50 1.92%
Bank Charges 8330 163.29 163.29 0.03%
Office Telephone Expenses 8340 19,456.81 19,456.81 3.36%
License and Fees 8350/856� 9,607.26 9,607,26 1.66%
Intern�t Charges ss�o 719.88 719.88 0.12%
P�sta�2 ard Ship�i�� 8380 1,994.3� 1,994.97 0.34%
Vehicle Expenses 8410/8415 119,426.87 (7,087.64) (d) 112,339.23 19.38%
Travel-Air and Hotels saao 3,303.97 3,303 97 0.57%
Meals and Entertainment 8450 3,321.59 (3,321.59) (e) 0.00%
Meals with Empioyees aas� 465.22 (465.22) (� 0.00%
Seminars 8460 8,226.17 8,226.17 1.42%
Business and Liability Insurance ss�o/a52o 46,897.71 46,897.71 8.09%
Interest Expense 8336/s53o 1,398.72 (1,398.72) (g) 0.00%
Property Taxes asao i ssso 10,729.61 10,729.61 1.85%
Penalties and Fines ssso 57.59 (57.59) (h) 0.00%
Advertising and Public Relations ss�o 11,313.12 (11,313.12) (i) 0.00%
Uniforms/Protective Clothing ssso a,436.54 4,436.54 0.77%
Dues and Subscriptions 8sso 3,269.40 3,269.40 0.56%
Depreciation Expense s72o 257,285.95 (152,803.54) Q) 104,482.41 18.03°/a
Charitable Donations as2o sso.00 (980.00) (k) 0.00%
Bad Debt Expense aaao (I) 0.00%
Equipment Rental ssso 3,7os.so 3,709.80 0.64%
Total General Overhead S 1,127,ass.3s $ (53,2�5.19) S (256,507.77) $ 817,763.42 141.08%
Total Indirect Cost and General Overhead $ 1,359,620.41 $ (53,215.19) $ �256.507.77) $ 1.049.897.45 181.13%
. +
KOEHLER ENGINEERING AND LAND SURVEYING,INC.
STATEMENT OF DIRECT LABOR,FRINGE BENEFITS AND GENERAL OVERHEAD
FOR THE YEAR ENDED DECEMBER 31,2013
FAR References:
(a) 31.202: Uncompensated overtime for salaried employees considered to be direct labor and removed from indirect labor costs.
(b) 31.202: Excluded direct project costs(both billable&non-billable costs)from indirect cost pool.
(c) 31.205-36 and 31.205-10:Adjustment of rent expense to entities under common control. Includes a FCCM calculation.
(d) 31.205-6(m)(2): Personal use of company-furnished automobiles is disallowable.
(e) 31.205-14 and 31.205-51: Costs for entertainment and alcoholic beverages are disallowed.
(� 31.205-13(b): Employee gifts and recreation(meals)are a disallowable cost.
(g) 31.205-20: Interest expense is a disallowable cost.
(h) 31.205-15(a): Penalties and fines are a disallowable cost.
(i) 31.205-1 and 31.205-38(b)(1):Advertising and public relation expenses are a disallowable cost.
Q) 31.205-11:Adjustment to take the tax depreciation to the book depreciation(straight-line method and excludes
any 179 depreciation and bonus depreciation).
(k) 31.205-8: Charitable contributions are a disallowable cost.
(I)31.205-3:Bad debts expense is a disallowable cost.
See Accountants Compilation Report
-3-
v i
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 deparhnent 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
i 254v. 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.
Fig. 136.4.1 Contract Revised 6/25/13
r `
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
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and freyuency 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 reyuire 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;
e. Hre 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 6/25/13
r i
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
�xciusion--Lower Tier Covered Transaciion," 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
Iower 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://www.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 6/25/13
, •
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 6/25/13
y �
Attachment F
Disadvantage Business Enterprise Contract Provisions
1. Policv: 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 ma�cimum 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 21 st Century (TEA-21)apply to this Agreement.
2. Obligation of the En�ineer to DBE's: The Engineer 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 Engineer shall take
all necessary and reasonable steps to assure that DBEs have the maximum opportunity to compete for and
perform services. The Engineer 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. Geo�phic Area for Solicitation of DBEs: The Engineer shall seek DBEs in
the same geographic area in which the solicitation for other subconsultants is made. If the Engineer cannot
meet the DBE goal using DBEs from that geographic area, the Engineer 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 Engineer 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 Engineer 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 elemeni 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 Engineer 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 Engineer is encouraged to use the services of banks owned and
controlled by socially and economically disadvantaged individuals.
5. Replacement of DBE Subconsultants: The Engineer shall make good faith
efforts to replace a DBE Subconsultant, who is unable to perform satisfactorily, with another DBE
Subconsultant. Replacement firms must be approved by MoDOT's External Civil Rights Division.
Fig. 136.4.1 Contract Revised 6/25/13
. •
6. Verification of DBE Participation: Prior to final payment by the Local
Agency, the Engineer 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 Engineer 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 Engineer.
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 Engineer'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 Engineer,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 Engineer 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 ineeting 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 Engineer.
I. Made effective use of the services of available disadvantaged
business organizations, minority contractors' groups, disadvantaged business assistance offices, and other
Fig. 136.4.1 Contract Revised 6/25/13
• ►
organizations that provide assistance in the recruitment and placement of DBE firms.
8. Good Faith Efforts to Obtain DBE Participation: If the Engineer's agreed DBE goal
amount as specified is less than the established DBE goal given,then the Engineer certifies that the following
good faith efforts were taken by Engineer in an attempt to obtain the level of DBE participation set by
MoDOT's External Civil Rights.
Fig. 136.4.1 Contract Revised 6/25/l3
� . R
Attachment G — Fig. 136.4.15
Conflict of Interest Disclosure Form for LPA/Consultants
Local Federal-aid Transportation Projects
Firm Name (Consultant): Koehler Engineering and Land Surveying, Inc
Project Owner(LPA): City of Cape Girardeau
Project Name: Intersection Improvements at Inpependence & Gordonville Rd.
� Project Number: STP-1500(022)
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 1836.
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.
L-�� Consultant
Printed Name: � Printed Name: Chris Koehle• P
Signature: Signatu e:
Date: ��-%��/� Date: October 1, 2014
Fig. 136.4.1 Contract �zz�;sed biz;ii3