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HomeMy WebLinkAboutRes.3046.12-19-2016 BILL NO. 16-221 RESOLUTION NO. q,� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES WITH CBB, FOR REGIONAL TRANSPORTATION PLANNING AND OTHER PURPOSES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI 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 a Contract for Professional Services, with CBB, for regional transportation planning and other purposes . The Contract shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. QU PASSED AND ADOPTED THIS JRy DAY OF r 2016. ®� arry E. ediger, Mayor L] ATTEST: VA to 1 C�i T$� UArl L ruce Tayl Deputy-City Clerk CITY of CAPE GIRARDEAU DEVELOPMENT SERVICES CONTRACT FOR PROFESSIONAL SERVICES CONSULTANT NAME: CBB THIS CONTRACT FOR PROFESSIONAL SERVICES (hereinafter referred to as "Contract") is between the City of Cape Girardeau, Missouri, hereinafter referred to as "City", and CBB, 12400 Olive Boulevard, Suite 430, St. Louis, Missouri 63141, hereinafter referred to as "Consultant". INASMUCH as funds have been made available to the City for regional transportation planning in support of the Southeast Metropolitan Planning Organization (hereinafter referred to as "SEMPO"), in addition to funds made available to the City for other purposes, the City requires professional services. The Consultant, upon the City's request through written Task Orders, will provide the City with one or more of the professional services hereinafter detailed and the City will pay the Consultant as provided in this Contract and subsequent Task Orders. It is mutually agreed as follows: ARTICLE I- SCOPE OF SERVICES Task Orders may be written for any or all of the following services as agreed to by the City and the Consultant: • Preparing mode-specific(bicycle/pedestrian, freight, transit, etc.) and other specialized plans • Traffic studies and traffic modeling • Data collection and analysis • Administering transportation planning grant programs and other agreements • Providing staff support to the SEMPO Board of Directors, Technical Planning Committee, and other committees • Preparing and updating SEMPO core documents (Unified Planning Work Program, Public Participation Plan, Title VI Program, Metropolitan Transportation Plan, Transportation Improvement Program) • Public outreach ARTICLE II-ADDITIONAL SERVICES The City reserves the right to request additional services; changed or unforeseen conditions may require changes and services beyond the scope of this Contract. In this event, a supplement to this Contract shall be executed and submitted for City approval prior to performing the additional or changed services or incurring any additional cost thereof Any change in compensation will be covered in the supplement. ARTICLE III -RESPONSIBILITIES OF CITY The City will cooperate fully with the Consultant in the provision of services, including the following: 1. Designate a City employee to act as the City's representative under this Contract. The representative shall have the authority to transmit instructions, interpret the City's policies, and render decisions with respect to matters covered by this Contract; 1 2. Make available all information pertaining to the services which may be in the possession of the City and/or SEMPO; 3. Inform the Consultant of applicable City and SEMPO requirements and best practices as they pertain to the services; 4. Provide other assistance as reasonable and necessary. ARTICLE IV-PERIOD OF SERVICE The Consultant will commence work within two weeks after receiving a signed Task Order and notice to proceed from the City. All services shall be performed in accordance with the associated Task Order and any subsequent supplements. The City will grant time extensions for unavoidable delays beyond the control of the Consultant. Requests for extensions of time should be made in writing by the Consultant, stating fully the reasons for the request. ARTICLE V- STANDARDS All services provided by the Consultant will be in accordance with applicable City and SEMPO requirements. ARTICLE VI- COMPENSATION For services provided under this Contract, the City will compensate the Consultant as determined in the Task Order based on Consultant's Charge Out Rates as determined below: 1. Charge Out Rates shall include all direct payroll, general and administrative overhead, specialized equipment costs, payroll taxes, holiday and vacation pay, sick leave pay, insurance benefits, retirement and incentive pay. 2. For additional work incurred by others on a subcontract basis, said costs are to be passed through the Consultant on the basis of reasonable and actual cost as invoiced by the subcontractors, only if required and approved by the City. Method of Payment. Unless otherwise stated in the Task Order, partial payments will be made to the Consultant for work satisfactorily completed upon receipt of itemized invoices by the City. 1. Invoices will be submitted monthly. Invoices submitted on or before the 20th day of any month shall become due and payable on the 10th day of the following month. Invoices for each Task Order shall be submitted separately. 2. City's Right to Withhold Pam In the event the City becomes informed that any representations of the Consultant provided in its monthly billing are wholly or partially inaccurate, the City may withhold payment of sums then or in the future otherwise due to the Consultant until the inaccuracy and the cause thereof is corrected to the City's reasonable satisfaction. The Consultant shall correct or revise any errors or deficiencies in its services and work products without additional compensation when due solely to Consultant's negligent acts; errors, or omissions. 2 i Property Accountabilitv. 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. ARTICLE VII- COVENANT AGAINST CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Contract, and that it 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 City shall have the right to annul this Contract without liability, or in its discretion to deduct from the Contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. ARTICLE VIII- SUBLETTING,ASSIGNMENT OR TRANSFER No portion of the services covered by this Contract, the Contract itself, or any Task Order, except as provided herein, shall be assigned, sublet or transferred without the written consent of the City. The subletting of the services shall not relieve the Consultant of its primary responsibility for the quality and performance of the work. The Consultant may engage subcontractors if required and approved by the City. ARTICLE IX- PROFESSIONAL ENDORSEMENT All plans, specifications and other documents shall be endorsed by the Consultant and, as applicable, shall reflect the name and seal of the Professional Engineer endorsing the work. By signing and sealing the Plans, Specifications, &Estimate submittals, the Engineer of Record will be representing to the City that the design is meeting the intent of the program. Any review or approval by the City of any documents prepared by the Consultant and/or its subconsultants, including but not limited to the plans and specifications, shall be solely for the purpose of determining whether such documents are consistent with City's construction program and intent and shall not be construed as approval of same by City. No review of such documents shall relieve Consultant of its responsibility for the accuracy, adequacy, fitness, suitability, and coordination of its work product. Consultant shall assign only qualified personnel to perform the services covered by this Contract. At the time of execution of the Task Order, the parties will agree on the Project Manager for the Task. This person shall be the primary contact with the City's representative and shall have authority to bind the Consultant. ARTICLE X-RETENTION OF RECORDS The Consultant shall maintain all records, survey notes, design documents, cost and accounting records, construction records, and other records pertaining to this Contract and to the services covered by this Contract, for a period of not less than three (3) years following final payment by City. Said records shall be made available for inspection by authorized representatives of the City during regular working hours at the Consultant's place of business. y ARTICLE XI- OWNERSHIP OF DOCUMENTS All work products prepared under this Contract shall be delivered to and become the property of the City upon termination or completion of work. Basic notes, computations, and other data prepared under this contract shall be made available to the City upon request. All such information produced under this Contract shall be available for use by the City and/or SEMPO without restriction or limitation on its use. If the City and/or SEMPO incorporates any portion of the work into a project other than that for which it was performed, the City shall save the Consultant harmless from any claims and liabilities resulting from such use. ARTICLE XII-TERMINATION The City may terminate this Contract at any time by giving written notice. If the Contract is terminated because the project is abandoned or postponed by the City and/or SEMPO, the Consultant will be paid for actual time and covered expenses incurred up to the date of termination, plus a pro- rated portion of any fixed fee. If the Contract is terminated due to the Consultant's services being unsatisfactory in the judgment of the City, or if the Consultant fails to prosecute the work with due diligence, the City may procure completion of the work in such manner as it deems to be in the best interest of the City. A Notice of Termination will be sent to the Consultant and the Consultant shall have a period of ten (10) days to remedy the cause for termination. The Consultant will be responsible for any excess cost in addition to that provided for in this Contract or any damages the City may sustain by reason of the termination of this Contract due to unsatisfactory performances or prosecution. When Consultant services have been so terminated, such termination shall not affect any rights or remedies of the City against the Consultant then existing or which may later accrue. Similarly, any retention or payment of monies due the Consultant shall not release the Consultant from liability. ARTICLE XIII-DECISIONS UNDER THIS CONTRACT The City will determine the acceptability of services performed under this Contract, and will decide all questions which may arise concerning the services. The City's decision shall be final and conclusive. ARTICLE XIV- SUCCESSORS AND ASSIGNS Subject to the restrictions on assignments in Article VIII above, the City and the Consultant 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 XV- COMPLIANCE WITH LAWS The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the services, including Title VI 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. Consultant shall further comply with the following state law requirements: Work Authorization Program. If the Contract is for services expected to cost more than $5,000.00, the Consultant shall comply with of Section 285.530 RSMo., pertaining to enrollment and participation in 4 a federal work authorization program (as defined therein) and shall provide verification through an affidavit (attached as Attachment C) that the Consultant (1) does not knowingly employ any person who is an unauthorized alien in connection with the Contract and (2) is enrolled in a federal work authorization program and provide documentary proof thereof. The affidavit shall contain the notarized signature of the registered agent, legal representative, or corporate officer of the Consultant including but not limited to the human resources director or their equivalent. Proof of Lm+ful Presence. Section 208.009 RSMo., requires that all applicants at the time of application for any contract provided by a local government provide "affirmative proof that the applicant is a citizen or a permanent resident of the United States or is lawfully present in the United States." Consultant's affirmative proof must be established through (1) a Missouri driver's license, (2) any "documentary evidence recognized by the department of revenue when processing an application for a driver's license," or (2) "any document issued by the federal government that confirms an alien's lawful presence in the United States." §208.009.3 ARTICLE XVI-RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the City from all claims and liability due to its negligent acts or the negligent acts of its employees, agents, or subcontractors. The City shall be entitled to recover its actual attorneys' fees from Consultant for the City's enforcement of this Contract. ARTICLE XVII- INSURANCE The Consultant shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance in full force and effect to protect the Consultant from claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for damages to property arising from the negligent acts, errors, or omissions of the Consultant and its employees, agents and subconsultants in the performance of the services covered by this Contract, including, without limitation, risks insured against in commercial general liability policies. The Consultant shall also maintain professional liability insurance to protect the City against the negligent acts, errors, or omissions, of the Consultant and those for whom it is legally responsible, arising out of the performance of professional services under this Contract. Unless another amount is agreed to by the City based on the circumstances, the Consultant and its subconsultants shall procure and maintain during the life of this Contract insurance of the types and minimum amounts as follows: Insurance Type Amount Worker's Compensation: In full compliance with statutory requirements of Federal and State of Missouri Comprehensive General and Professional Liability, $411,000 each person including: Comprehensive Automobile Liability, $2,740,000 each occurrence Employer Liability; City's Protective Bodily Injury Including Death, and City's Protective Property Damage: 5 The City's Protective policy shall name the City as the Insured. Certificates evidencing such insurance shall be furnished to the City prior to the Consultant commencing the work on this project. The certificates must state, "The CITY OF CAPE GIRARDEAU is an additional insured". The City reserves the right to adjust the limit coverage requirements in accordance with changes in the statutory sovereign immunity limits over the life of this Contract to reflect any changes in the limits as published by the Missouri Department of Insurance in the state register pursuant to RSMo. §537.610. The Consultant shall, upon request at any time, provide the City with certificates of insurance evidencing the Consultant's commercial general or professional liability policies and evidencing that these policies and all other required insurance is in effect, as to the services under this Contract. Any insurance policy required as specified in this Article shall be written by a company that is incorporated in the United States of America or is based in the United States of America. Each insurance policy must by issued by a company authorized to issue such insurance in the State of Missouri. ARTICLE XVIII-.FINDINGS CONFIDENTIAL To the fullest extent permitted by law, all reports, information, data, etc. prepared or assembled by the Consultant under this Contract are confidential, and the Consultant agrees they shall not be made available to any individual or organization without the prior written approval of the City. ARTICLE XIX-NONDISCRIMINATION The Consultant, with regard to the work performed by it after award and prior to completion of the Contract work, will not discriminate on the basis of race, color, or national origin in the selection and retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of 1964, as amended. More specifically, the Consultant 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-II and 23 CFR 710.405 which are herein incorporated by reference and made a part of this Contract. In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Consultant's obligations under this Contract and the regulations relative to non-discrimination on the basis of race, color, or national origin. ARTICLE XX-PERIOD OF SERVICE This Contract shall remain in effect for five (5) years from the date it is accepted by the City of Cape Girardeau City Council or until the scope of services is completed, whichever comes first. ARTICLE XXI-ATTACHMENTS The following exhibits are attached hereto and are hereby made part of this Contract: Attachment A Consultant's Charge Out Rates for 2017-2021 Attachment B Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions 6 Attachment C Affidavit of Participation in Federal Work Authorization Program EXECUTION This Contract is hereby executed by both parties as of the respective dates. Executed by the Consultant this I"1F day of Dce"fi'""' , 20 1b. Executed by the City this day of oe oe 944 4e , 2016 FOR: CBB (Consultant) T-) �ene.��wvv •Hai-- Signature NAME: .SRINivdfsn J2• yAnA 4.-,, Am4-►0A Written Name and Title FOR: CITY OF CAPE GIRARDEAU, MISSOURI (City) BY: A Meyer; It anago' ATTEST: City Clerk 7 ATTACHMENT A CONSULTANT'S CHARGE OUT RATES FOR 2017-2021 8 :� TRANS.'PORTATION ° ® ENGINEERS+PLANNERS SINCE 1973 2016 FEE SCHEDULE* For Contracted Services Classification Hourly Rate Sr. Principal $215.00 Senior Engineer Level V $160.00 Senior Engineer Level IV $155.00 Senior Engineer Level III $150.00 Senior Engineer Level II $145.00 Senior Engineer Level 1 $140.00 Project Engineer Level V $130.00 Project Engineer Level IV $125.00 Project Engineer Level III $120.00 Project Engineer Level II $115.00 Project Engineer Level 1 $110.00 Staff Engineer Level IV $100.00 Staff Engineer Level III $95.00 Staff Engineer Level II $90.00 Staff Engineer Level 1 $85.00 Staff Planner Level 1 $85.00 Jr. Engineer $80.00 Designer $85.00 CADD Tech Level II $75.00 CADD Tech Level 1 $65.00 Construction Inspector $75.00 Field Tech Level II $65.00 Field Tech Level I $55.00 Financial Admin. $80.00 Office Admin. $50.00 Other Direct Costs (ODC) Mileage IRS Standard Rate/Mile Xerox Copies $0.12/Copy Plan Sheets (Standard) $ 1.25/Sheet Plan Sheets (Color or Enlarged) Varies Overnight Mail/Express Actual Cost Miscellaneous Actual Cost * Note: Effective January 1, 2016. Rates subject to change January 1 of each calendar year. Typical increases are 2%-3%each year. e; cbbtiaff}c.com I l2 60 Olive Blvd;Su1te 430 T 314,878.6644 450 Cottonwood:Road,Suite Ei T 618.656:2612 St.Louis,MO 63141 :F 314:878'5876 Glen Carbon;IL'62034 c 31.4:8785876 ATTACHMENT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION,AND OTHER RESPONSIBILITY MATTERS- PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transaction" provided by the department or agency entering into this covered transaction; without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 9 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 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/ep is/search.do?page=A&status=current&agency=69#A. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery; falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) tenninated 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. 10 ATTACHMENT C AFFIDAVIT°OF PARTICiPATION'IN FEDERAL WORKAUTHORIZATION'PROGRAM Comes now!S yaaR�,a--wt:..�N �': (name).as, office held first bern� dulti s�rorn on m oath affmn :�w� l cv; .�C {lttoc; ,, I„�. L C'B . (Cornpan} Name) Consultant 'T is enrolled .arid ,wrll coy t.ique to participate_ in a federal work ' authorization .pcograiii rn respect` fo. employees th'f:N�ill ,work in coria grori w'th..the. contracted serf rces.for the::City of Cape Girardeau Missouri and:ativ'in�dental items associated with this }work •, . for the d6ration,of the awarde'' in'i accordance with Section 285.530.2, Revised Statutes.of ]Missouri;., I also affirm that,the,Con sultant dEz'oes not and wi, riot krlowin9 -employ a:.perso11 who is an unatitliorized:,dlien..iii=icoiinecttoil<zz�With ahe :con iacted services for the.duration of the .contract, if.. awarded Attached to this, of the Consultant's Participation in a federal,work authorrzatrom rog-ram • (ATTACH DOCUMENTATION SHOWING THAT COMPANY I'AR1"ICIPAT ES IN FEDERAL WORKF AUTHORIZATION PROGRAM ALSO ATTACH PROOF OF LAWFUL PRESENCE,AS PROVIDED,IN'THE'GENERAL:CONDITIONS} lir flffiiis��rtiort tlieieof the Wic stated aboi"e, ru•e hwe artd correct (The iiiidersigirerl:l uit'ders`tauls t/crit jiilse slcrteliieiils.»rrrrle'irt this.frltig:.are subject 10 the peirai/ties prof iced, under SeOi6n 575,040 RWO) yA,iJik+�ANA�Aa.oPA. Signature (Person. itli'aull thority). Printed Name Title Date STATE OF MISSOURI11 - r ) ss. COUNTY O> Uj�y(L/� ) . . . Subscrlbed.and sworn to before,me this -day, of . ��C✓/✓'1�i�Z. 20Z6. Notary Public. Name/My conimi.ssipn expires DIANEM-MIROMONT Notary PubLc.-Notary Seal STATE OF-MISSOURI:. St:1 ours County, . My Commission Expires 6118/2017 Commissjon#;13477607. t1