HomeMy WebLinkAboutRES.2662.11-21-2011 ,
BILL N0. 11-177 RESOLUTION NO. �'��
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN ENGINEERING SERVICES AGREEMENT
WITH BOWEN ENGINEERING AND SURVEYING, INC. ,
FOR DESIGN OF A TRAIL CONNECTION BETWEEN
CAPE LACROIX TRAIL AND SHAWNEE PARK, 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 an
Engineering Services Agreement with Bowen Engineering and
Surveying, Inc. , for design of a trail connection between Cape
LaCroix Trail and Shawnee Park, in the City of Cape Girardeau,
Missouri . A copy of said Engineering Services Agreement is
attached to this Resolution and made a part hereof.
PASSED AND ADOPTED THIS � DAY OF 20�.
Harry E. ediger, Mayor
ATTEST: �I
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Gayle . Conrad, City Clerk , y�
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SUPPLEMENTAL AGREEMENT NO. 1
TO
ENGINEERING SERVICES CONTRACT
This Supplemental Agreement is made part of an agreement dated January 20, 2012 between the
City of Cape Girardeau and Bowen Engineering and Surveying for design of project STP-
1500(021). The purpose of this Supplemental Agreement is to extend the date for Construction
Award, and for the PS&E Approval, and to increase the fee for PE Phase Services.
Justification for the Construction Award extension:
The City received separate notices that three project funding applications were awarded through
MoDOT. One of them was this project. Delays in the selection process occurred due to the three
projects being advertised for RFQs at the same time. After the City selected three consultants,
one for each project, concerns were raised by MoDOT and FHWA regarding the selection
process that was used. Additional time was required to satisfy those concerns. The design for
this project has progressed to Preliminary approval. The Construction Award date was October
10, 2012 which was not met.
We request the Construction Award date be extended to September 18, 2013.
Justification for the PS&E Approval extension and fee increase:
Extension of time for design phase is due to trail location within Shawnee Park. Additional time
was required to develop an acceptable trail alignment around the existing soccer fields and still
fit the grant application. After design reached Preliminary approval, it was discovered that the
location of the trail within City right-of-way did not line up with the future extension of West
End Boulevard sidewalks. The fee increase is to revise the alignment of the trail terminus to
connect with the future sidewalk alignment. The PS&E Approval date was July 10, 2012 which
was not met.
We request the PS&E Approval date be extended to June 30, 2013.
These additional services shall be in an amount not to exceed Two Thousand Four Hundred
Thirty Three and Seven Hundredths Dollars ($2,433.07) without further authorization. The total
PE Phase services shall be in an amount not to exceed Fifteen Thousand Five Hundred Eleven
and Fifty Eight Hundredths Dollars ($15,511.58). Attachment A outlines the cost breakdown for
this Supplemental Agreement.
(Remainder of page left intensionally blank.)
Fig. 136.4.4 Page 1 of 2 Re��sea oi-o�-o9
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Supplemental l.doc
Supplemental Agreement No. 1 accepted as defined herein:
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OWNE : ENGINEER: Bowen Engineering & Surveying, Inc
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BY: BY: �,'',�i� ��,���.
TITLE: �.�,� /L�•-w-w-.
TITLE: President
DATE: �-�-1� DATE: 4-10-2013
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ATTEST:
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BY: � ,�1 BY: �
TITLE: i ` �I�� TITLE: Office Manager
DATE: l.►�l d4 I� DATE: 4-1 0-2 01 3
Executed by the City of Cape Girardeau on the day of C�-� , 2013.
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Supplemental I.doc
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ATTACHMENT"A"
SUPPLEMENTAL AGREEMENT NO. 1
4/5/2013
DESIGN PHASE
Hours Rate Cost
Surve in (Salary Only)
Princi al $35.00 $0.00
Professional Surve or $24.00 $0.00
Surve Part Chief I $16.00 $0.00
Surve Part Chief II $15.25 $0.00
Surve Part Chief III $13.50 $0.00
Rodman I $15.00 $0.00
Rodman II $11.75 $0.00
Rodman III $11.00 $0.00
Preliminar Desi n
Professional En ineer I $30.00 $0.00
Professional En ineer II $24.00 $0.00
En ineerin Technician $24.00 $0.00
Draftsman I $16.00 $0.00
Draftsman II $14.00 $0.00
Final Desi n
Professional En ineer I 32 $30.00 $960.00
Professional En ineer II $24.00 $0.00
En ineerin Technician $24.00 $0.00
Draftsman I $16.00 $0.00
Draftsman II $14.00 $0.00
Office Mana er $17.00 $0.00
SUBTOTAL 32 $960.00
Pa roll Overhead(Est.at 35.42%x SUBTOTAL) $340.03
General and Admin.Overhead Est.at 90.87%x SUBTOTAL $872.35
TOTAL LABOR&OVERHEAD $2,172.38
Fixed Fee 12%x TOTAL LABOR&OVERHEAD $260.69
TOTAL LABOR,OVERHEAD&FIXED FEE $2,433.07
Other Direct Costs
Travel 0 tri s@ 12 miles X $0.50 er mile IRS Rate $0.00
Su lies $0.00
Printin $0.00
Per Diem 0 da s X 2 men X $123.00 er da DOD Rate $0.00
SUBTOTAL DIRECT COSTS $0.00
TOTAL SUPPLEMENTAL AGREEMENT NO.1 $2,433.07
Summar Desi n Phase
Ori inal A reement $13,078.51
Su lemental A reements $2,433.07
TOTAL FOR DESIGN PHASE $15,511.58
3
SPONSOR: The Citv of Cape Girardeau Missouri
CART ROAD NO./STREET: Cape LaCroix Trail and Shawnee Park Connections
PROJECT: STP-1500(021)
THIS CONTRACT is between The City of Cape Girardeau, Missouri, hereinafter referred to as the
"Local Agency", and Bowen Engineering and Surveying, Inc., 2121 Megan Drive, Cape Girardeau,
Missouri 63701, hereinafter referred to as the "Engineer".
INASMUCH as funds have been made available by the Federal Highway Administration through its
Surface Transportation Enhancement Pro�ram (STP), coordinated through the Missouri Department
of Transportation, the Local Agency intends to construct a trail connection between the Cape LaCroix
Trail and Shawnee Park and requires professional engineering services. The Engineer will provide
the Local Agency with professional services hereinafter detailed for the planning, design and
construction inspection of the desired improvements and the Local Agency will pay the Engineer as
provided in this contract. It is mutually agreed as follows:
ARTICLE I - SCOPE OF SERVICES
A. DESIGN PHASE - The Engineer will:
1. determine the needs of the Local Agency for the project;
2. conduct topographic, property and utility surveys sufficient to develop plans for the
proj ect;
3. arrange for subsurface investigations if needed;
4. conduct hydraulic studies, prepare alternative designs and cost estimates, develop
preliminary plans, and recommend to the Local Agency the best overall general design
based on these studies;
5. submit four copies of preliminary plans, estimates and studies for review by the Local
Agency and , Missouri Department of Transportation (MoDOT);
6. prepare detailed construction plans, cost estimates, specifications and related
documents as necessary for the purpose of soliciting bids for constructing the project.
Provision will be made in the contract documents for that portion of the work that will
be performed by Local Agency's forces;
7. secure adequate property title information, determine right-of-way requirements,
prepare right-of-way plans, and assist the Local Agency in acquiring the right-of-way
deeds needed for the project;
8. ensure compliance with water quality requirements by coordinating with the Missouri
Department of Natural Resources and the U.S. Army Corps of Engineers and also
Fig. 136.6.1 Contract - 1 - Re��sea si�bn i
insure compliance with the requirements of the Federal Emergency Management
Agency(FEMA);
9. ensure compliance with historic preservation requirements through coordination with
the Missouri Department of Natural Resources, and if deemed necessary, arrange to
have the site examined by a qualified archaeologist on a subcontract basis;
10. ensure compliance with all regulations in regards to noise abatement and air quality, if
necessary; and
11. provide the Local Agency with five sets of completed plans, specifications and/cost
estimates for the purpose of obtaining construction authorization from the Missouri
Department of Transportation.
B. BIDDING PHASE - The Engineer will:
1. upon receipt of construction authorization from MoDOT, make final corrections
resulting from reviews by agencies involved, and provide an adequate number of
plans, specifications, and bid documents to the Local Agency;
2. provide the Local Agency with a list of qualified area bidders and assist Local Agency
in advertising for bids; and
3. assist the Local Agency in evaluating bids and requesting concurrence in award from
MoDOT;
C. CONSTRUCTION PHASE - The Engineer will serve as the Local Agency's representative
for administering the terms of the construction contract between Local Agency and their
Contractor. Engineer will endeavor to protect the Local Agency against defects and
deficiencies in workmanship and materials in work by the Contractor. However, the
furnishing of such project representation will not make Engineer responsible for the
construction methods and procedures used by the Contractor or for the Contractor's failure to
perform work in accordance with the contract documents. Engineer's services will include
more specifically as follows:
l. assist the Local Agency with a preconstruction conference to discuss project details
with the Contractor;
2. make periodic site visits to observe the Contractor's progress and quality of work, and
to determine if the work conforms to the contract documents. It is contemplated that
survey staking and layout will be accomplished by the contractor's forces. The
Engineer will accompany MoDOT and FHWA representatives on visits of the project
site as requested by the Local Agency;
3. check shop drawings and review schedules and drawings submitted by the Contractor,
as requested by the Local Agency;
Fig. 136.6.1 Contract - 2 - Re��sed siibii i
4. reject work not conforming to the project documents, as requested by the Local
Agency;
5. Prepare change orders for issuance by the Local Agency as necessary and assure that
proper approvals are made prior to work being performed, as requested by the Local
Agency;
6. review wage rates, postings, equal employment opportunity and other related items
called for in the contract documents, as requested by the Local Agency;
7. inspect materials, review material certifications furnished by Contractor, sample
concrete and other materials as required, and arrange for laboratory testing of samples
by others on a subcontract basis, as requested by the Local Agency. Independent
assurance samples and tests will be performed by MoDOT personnel and such
sampling and testing is excluded from the work to be performed by the Engineer under
this contract;
8. maintain progress diary and other project records, measure and document quantities,
and prepare monthly estimates for payments due the Contractor, as requested by the
Local Agency;
9. be present during critical construction operations, when requested by the Local
Agency, including but not limited to the following:
a. structure layout;
b. excavation and backfilling;
c. driving of piles;
d. checking of reinforcing steel prior to concrete placement;
e. concrete batching and pouring;
f. placement of girders; and
g. placement of surfacing materials; and
10. participate in final inspection, provide the Local Agency with project documentation
(diaries, test results, certifications, etc.), and provide as-built plans for the Local
Agency's records.
ARTICLE II - DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS:
A DBE Goal: The following DBE goal has been established for this Contract. 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 % of the total Agreement
dollar value.
Fig. 136.6.1 Contract - 3 - ae��sed aiibii i
B. DBE Participation Obtained by Consultant: The Consultant has obtained DBE participation,
and agrees to use DBE firms to complete, 0 % of the total services to be performed under
this contract, by dollar value. The DBE firms which the Consultant shall use, and the type
and dollar value of the services each DBE will perform, is as follows:
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
N/A
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 representative 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;
Fig. 136.6.1 Contract - 4 - ae��sea sii6ii i
F. perform appraisals and appraisal review, negotiate with property owners and otherwise
provide all services in connection with acquiring all right-of-way needed to construct this
project.
G. designate a local agency employee who will be in responsible charge of the project in those
instances where the consultant provides construction engineering services.
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. Preliminary Design Phase - Within 45 calendar days after receipt of notice to proceed;
B. Final Design Phase - Within 30 calendar days after completion of review of preliminary
plans by Local Agency and MoDOT; and
C. Construction Phase - As desired by the Local Agency and on a schedule so as not to delay the
Contractor. All services under this contract will be completed 30 days after final acceptance
of construction work.
The above times are exclusive of review time by other agencies and exclusive of time needed to
acquire right-of-way. The Local Agency will grant time extensions for unavoidable delays beyond
the control of the Engineer. Requests for extensions of time should be requested in writing by the
Engineer, stating fully the reasons for the request.
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 136.8 Preliminary Design. If the project is on MoDOT Right of Way, then the EPG
the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for
Highway Construction shall be used along with MoDOT approved applicable job special provisions.
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
$1,359.91 , with a ceiling established for said design services in the amount of
$13,078.51 , which amount shall not be exceeded.
Fig. 136.61 Contract - 5 - Re��sed sii�ii�
B. For construction inspection services, the Local Agency will pay the Engineer the
actual costs incurred plus a predetermined fixed fee of$899.37 , with a ceiling
established for said inspection services in the amount of$10,194.09 , which
amount shall not be exceeded.
C. The compensation outlined above has been derived from estimates of cost which are detailed
in Attachment A. 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 II - ADDITIONAL SERVICES.
D. Actual costs in Sections A and B above are defined as:
l. 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 35.42 % 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 90.87 % of actual salaries in Item 1 above for general
administrative overhead, based on the Engineer's system for allocating indirect
costs in accordance with sound accounting principles and business practice,
plus
4. Other costs directly attributable to the project but not included in the above
overhead, such as vehicle mileage, meals and lodging, printing, surveying
expendables, and computer time, plus
5. Project costs incurred by others on a subcontract basis, said costs to be passed
through the Engineer on the basis of reasonable and actual cost as invoiced by
the subcontractors.
E. The rates shown for additives and overhead in Sections VI. D.2 and VI. D.3 above are
approximate and will be used for interim billing purposes. Final payment will be based on the
actual rates experienced during the period of performance, as indicated by the Engineer's
accounting records, and as determined by final audit of the Engineer's records by MoDOT.
F. The payment of costs under this contract will be limited to costs which are allowable under 23
CFR 172 and 48 CFR 31.
G. METHOD OF PAYMENT - Partial payments for work satisfactorily completed will be
made to the Engineer upon receipt of itemized invoices by the Local Agency. Invoices will
be submitted no more frequently than one invoice per month. A pro-rated portion of the fixed
fee will be paid with each invoice.
Fig. 136.6.1 Contract - 6 - ae��sed siibii i
H. PROPERTY ACCOUNTABILITY - If it becomes necessary to acquire any specialized
equipment for the performance of this contract, appropriate credit will be given for any
residual value of said equipment after completion of usage of the equipment.
ARTICLE VIII - COVENANT AGAINST CONTINGENT FEES
The Engineer warrants that he has not employed or retained any company or person, other than a
bona fide employee working for the Engineer, to solicit or secure this agreement, and that he has not
paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warranty, the Local Agency shall
have the right to annul this agreement without liability, or in its discretion to deduct from the contract
price or consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee, plus reasonable attorney's fees.
ARTICLE IX- SUBLETTING, ASSIGNMENT OR TRANSFER
No portion of the work covered by this contract, except as provided herein, shall be sublet or
transferred without the written consent of the Local Agency. The subletting of the work shall in no
way relieve the Engineer of his primary responsibility for the quality and performance of the work. It
is the intention of the Engineer to engage subcontractors for the purposes o£ (list sub-consultant(s)
and services, such as surveying, foundation borings and tests, abstracts of title, archaeological
studies, material testing).
Sub-Consultant Name Address Services
None
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
records, construction records and other records pertaining to this contract and to the project covered
by this contract, for a period of not less than three years following final payment by FHWA. Said
records shall be made available for inspection by authorized representatives of the Local Agency,
MoDOT or the federal government during regular working hours at the Engineer's place of business.
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,
Fig. 136.6.1 Contract - 7 - Re��sed siibii i
design computations and other data prepared under this contract shall be made available to the Local
Agency upon request. All such information produced under this contract shall be available for use by
the Local Agency without restriction or limitation on its use. If the Local Agency incorporates any
portion of the work into a project other than that for which it was performed, the Local Agency shall
save the Engineer harmless from any claims and liabilities resulting from such use.
ARTICLE XIII - TERMINATION
The Local Agency may terminate the contract at any time by giving written notice. If the contract is
terminated because the project is abandoned or postponed by the Local Agency, the Engineer will be
paid for actual expenses incurred up to the date of termination, plus a pro-rated portion of the fixed
fee.
If the contract is terminated due to the Engineer's services being unsatisfactory in the judgment of the
Local Agency, or if the Engineer fails to prosecute the work with due diligence, the Local Agency
may procure completion of the work in such manner as it deems to be in the best interest of the Local
Agency. The Engineer will be responsible for any excess cost in addition to that provided for in this
contract or any damages the Local Agency may sustain by reason of the termination of this contract
due to unsatisfactory performances or prosecution.
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.
Fig. 136.61 Contract - 8 - Re��sed snbii i
ARTICLE XVIII - NONDISCRIMINATION
The Engineer, with regard to the work performed by it after award and prior to completion of the
contract work, will not discriminate on the ground of race, color or national origin in the selection
and retention of subcontractors. The Engineer will comply with Title VII of the Civil Rights Act of
1964, as amended. More specifically, the Engineer will comply with the regulations of the
Department of Transportation relative to nondiscrimination in federally assisted programs of the
Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405
which are herein incorporated by reference and made a part of this contract. In all solicitations either
by competitive bidding or negotiation made by the Engineer for work to be performed under a
subcontract, including procurements of materials or equipment, each potential subcontractor or
supplier shall be notified by the Engineer's obligations under this contract and the regulations relative
to non-discrimination on the ground of color, race or national origin.
ARTICLE XIX -ATTACHMENTS
The following exhibits are attached hereto and are hereby made part of this contract:
Attachment A—Estimate of Cost
Attachment B —Breakdown of Overhead Rates
Attachment C —Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions.
Attachment D—Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Lower Tier Covered Transactions.
Attachment E—Disadvantage Business Enterprise Contract Provisions
Fig. 136.6.1 Contract - 9 - Re��sed aiibi�i
Executed by the Engineer this l lth day of Januar�, 2012.
Executed by the City this � day of , 2012.
FOR: The Ci C e Girardeau Missouri
BY: 4$ �i��d�+
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ATTEST: � v �� ,�S'
, ity Clerk *� $ IINZON �'
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FOR: Bowen En�ineering and Surveyin�, Inc.
BY: ���j�u,�----
Chris Bowen, President
ATTEST: J•
Angela Davis, fice Manager
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.
COUNTY ACCOUNTING OFFICER
COLTNTY AUDITOR - 1 st and 2nd Class Counties
COLINTY CLERK - 3rd and 4th Class Counties
Fig. 136.6.1 Contract - 10 - Re��sed siib��i
ATTACHMENT"A"
ESTIMATE OF COST
DESIGN PHASE
Hours Rate Cost
Surve in (Salary Only)
Princi al $35.00 $0.00
Professional Surve or 4 $24.00 $96.00
Surve Pa Chief I 16 $16.00 $256.00
Surve Pa Chief II $1525 $0.00
Surve Part Chief III $13.50 $0.00
Rodman I 16 $15.00 $240.00
Rodman II $11.75 $0.00
Rodman III $11.00 $0.00
Prelimina Desi n
Professional En ineer I 48 $30.00 $1,440.00
Professional En ineer II $24.00 $0.00
En ineerin Technician 24 $24.00 $576.00
Draftsman I 12 $16.00 $192.00
Draftsman 11 $14.00 $0.00
Final Desi n
Professional Engineer I 48 $30.00 $1,440.00
Professional Engineer II $24.00 $0.00
En ineerin Technician 24 $24.00 $576.00
Draftsman I 12 $16.00 $192.00
Draftsman II $14.00 $0.00
Office Manager $17.00 $0.00
SUBTOTAL 204 $5,008.00
Pa roll Overhead(Est.at 35.42%x SUBTOTAL) $1,773.83
General and Admin.Overhead(Est.at 90.87%x SUBTOTAL) $4,550.77
TOTAL LABOR&OVERHEAD $11,332.60
Fixed Fee(12%x TOTAL LABOR&OVERHEAD) $1,359.91
TOTAL LABOR,OVERHEAD&FIXED FEE $12,692.51
Other Direct Costs
Travel 6 trips 12 miles X $0.50 per mile(IRS Rate) $36.00
Supplies $50.00
Printin $300.00
Per Diem 0 da s X 2 men X $123.00 per da (DOD Rate) $0.00
SUBTOTAL DIRECT COSTS $386.00
TOTAL FOR DESIGN PHASE $13,078.51
ll
ATTACHMENT "A" (Continued)
ESTIMATE OF COST
CONSTRUCTION PHASE
Hours Rate Cost
Surve in (Salary Only)
Principal $35.00 $0.00
Professional Surve or $24.00 $0.00
Surve Pa Chief I $16.00 $0.00
Surve Pa Chief II $15.25 $0.00
Surve Part Chief III $13.50 $0.00
Rodman I $15.00 $0.00
Rodman II $11.75 $0.00
Rodman III $11.00 $0.00
Inspection
Professional En ineer I 80 $30.00 $2,400.00
Professional En ineer II $24.00 $0.00
Testin Technician I 32 $14.50 $464.00
Testing Technician II 32 $14.00 $448.00
SUBTOTAL 144 $3,312.00
Pa roil Overhead(Est.at 35.42%x SUBTOTAL) $1,173.11
General and Admin.Overhead Est.at 90.87%x SUBTOTAL) $3,009.61
TOTAL LABOR&OVERHEAD $7,494.72
Fixed Fee(12%x TOTAL LABOR&OVERHEAD) $899.37
TOTAL LABOR, OVERHEAD&FIXED FEE $8,394.09
Other Direct Costs
Travel 25 trips 12 miles X $0.50 per mile(IRS Rate) $150.00
Sup lies $200.00
Laborato Testin Fees $1,150.00
Field Testin Equipment Fees $300.00
SUBTOTAL DIRECT COSTS $1,800.00
TOTAL FOR CONSTRUCTION PHASE $10,194.09
12
ATTACHMENT"B"
OVERHEAD RATE BREAKDOWN
FOR YEAR ENDED DECEMBER 31,2010
TOTAL ADJUSTMENTS& ADJUSTED %DIRECT
DESCRIPTION PER RECORDS UNALLOWABLES AMOUNT LABOR
Direct Labor Base $ 535,253.28 $ 18,200.00 $ 553,453.28 -
Payroll Additives
Vacation Pay $ 17,195.81 $ $ 17,195.81 3.11%
Holiday Pay 13,164.40 13,164.40 2.38%
Sick Leave 13,028.54 13,028.54 2.35%
Payroll Taxes 52,303.31 52,303.31 9.45%
Employee Insurance 63,888.43 63,888.43 11.54%
Unemployment Taxes 6,516.68 6,516.68 1.18%
Worker's Compensation 3,558.00 3,558.00 0.64%
Retirement 16,842.67 16,842.67 3.04%
Bonuses 9,525.73 9,525.73 1.72%
TotalPayrollAdditives $ 196,023.57 $ 0.00 $ 196,023.57 35.42%
General and Administrative Overhead
Indirect Labor $ 109,348.95 $ (18,200.00) $ 91,148.95 16.47%
Rent 31,500.00 31,500.00 5.69%
Equipment Rental 756.88 756.88 0.14%
Repairs/Expenses Vehicle&Equip. 20,687.38 20,687.38 3.74%
Janitorial Expense 3,150.00 3,150.00 0.57%
Telephone 10,163.59 10,163.59 1.84%
Utilities 7,580.80 7,580.80 1.37%
Legal&Accounting 5,204.87 5,204.87 0.94%
Bank Service Charges 1,085.08 1,085.08 0.20%
License&Fees 6,966.14 6,966.14 1.26%
Office Supplies 5,626.44 5,626.44 1.02°/a
Postage&Delivery 3,586.71 3,586.71 0.65%
Supplies 82,094.87 82,094.87 14.83%
Insurance-Business 20,178.19 20,178.19 3.65%
Printing&Reproduction 2,419.91 2,419.91 0.44%
Blueprints, Maps&Copies 2,780.63 2,780.63 0.50%
Recording Fees 2,041.00 2,041.00 0.37%
Taxes& License 8,614.53 8,614.53 1.56°/o
Subcontractor 71,715.00 71,715.00 12.96%
Meals 13,141.07 (1,379.92) 11,761.15 2.13%
Travel 6,347.89 6,347.89 1.15%
Employee Expenses-Perdium 530.00 530.00 0.10%
Vehicle-Gas Expense 62,418.62 62,418.62 11.28%
Reimbursed Mileage 2,840.75 2,840.75 0.51%
Dues&Subscriptions 10,167.78 10,167.78 1.84%
Depreciation Expense 31,992.40 31,992.40 5.78%
Reimbursed Mileage Income (9,053.87) (9,053.87) -1.64%
Advertising 7,816.83 (7,816.83) 0.00 0.00%
Contributions 5,350.91 (5,350.91) 0.00 0.00%
Interest Expense 3,265.76 (3,265.76) 0.00 0.00%
Miscellaneous 6,730.31 (2,505.77) 4,224.54 0.76%
Other Expenses 4,385.45 4,385.45 0.79%
Total General and Administrative Overhead $ 541,434.87 $ (38,519.19) $ 502,915.68 90.87%
Total Overhead $ 737,458.44 $ (38,519.19) $ 698,939.25 126.29%
13
ATTACHMENT C
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 frorn 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
Fig. 136.6.1 Contract - 14 - Re��sed anbii i
Voluntary Exclusion--Lower Tier Covered Transaction" provided by the department or
agency entering into this covered transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded 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/epl s/search.do?page=A&status=current&agency=69#A.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who
is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the department
or agency may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary
Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief, that it
and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain or performing a public (Federal, State
or local) transaction or contract under a public transaction; violation of Federal or
State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State or local) terminated for cause or default.
Fig. 136.6.1 Contract - 15 - ae��sea ai3ii i
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. 136.6.1 COIItCaCt - IC) - Revised 8/3/11
ATTACHMENT D
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION--LOWER TIER COVERED TRANSACTIONS
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to
which this proposal is submitted if at any time the prospective lower tier participant learns
that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal,"
and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those
regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered transaction, unless authorized by the
department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion--Lower Tier Covered Transaction," without modification, in all lower
tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List at the Excluded Parties List System.
https://www.epls.gov/epl s/search.do?page=A&status=current&agency=69#A.
Fig. 136.6.1 Contract - 17 - Re��sed si3n i
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.
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.
1. 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. 136.6.1 Contract - 18 - ae�;sed sisii i
Attachment E
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 maximum opportunity to participate in the
performance of contracts financed in whole or in part with federal funds. T'hus, the requirements of
49 C.F.R. Part 26 and Section 11 O 1(b) of the Transportation Equity Act for the 21 st Century (TEA-
21) apply to this Agreement.
2. Obli�ation of the Consultant to DBE's: The Consultant agrees to assure
that DBEs have the maximum opportunity to participate in the performance of this Agreement and
any subconsultant agreement financed in whole or in part with federal funds. In this regard the
Consultant shall take all necessary and reasonable steps to assure that DBEs have the maximum
opportunity to compete for and perform services. The Consultant shall not discriminate on the basis
of race, color, religion, creed, disability, sex, age, or national origin in the performance of this
Agreement or in the award of any subsequent subconsultant agreement.
3. Geographic Area for Solicitation of DBEs: The Consultant shall seek
DBEs in the same geographic area in which the solicitation for other subconsultants is made. If the
Consultant cannot meet the DBE goal using DBEs from that geographic area, the Consultant shall, as
a part of the effort to meet the goal, expand the search to a reasonably wider geographic area.
4. Determination of Participation Toward Meeting the DBE Goal: DBE
participation shall be counted toward meeting the goal as follows:
A. Once a firm is determined to be a certified DBE, the total dollar
value of the subconsultant agreement awarded to that DBE is counted toward the DBE goal set forth
above.
B. The Consultant may count toward the DBE goal a portion of the
total dollar value of a subconsultant agreement with a joint venture eligible under the DBE standards,
equal to the percentage of the ownership and control of the DBE partner in the joint venture.
C. The Consultant may count toward the DBE goal expenditures to
DBEs who perform a commercially useful function in the completion of services required in this
Agreement. A DBE is considered to perform a commercially useful function when the DBE is
responsible for the execution of a distinct element of the services specified in the Agreement and the
carrying out of those responsibilities by actually performing, managing and supervising the services
involved and providing the desired product.
D. A Consultant may count toward the DBE goal its expenditures
to DBE firms consisting of fees or commissions charged for providing a bona fide service, such as
professional, technical, consultant, or managerial services and assistance in the procurement of
Fig. 136.6.1 Contract - 19 - Re��sed 8i3ii�
essential personnel, facilities, equipment, materials or supplies required for the performance of this
Agreement, provided that the fee or commission is determined by MoDOT's External Civil Rights
Division to be reasonable and not excessive as compared with fees customarily allowed for similar
services.
E. The Consultant is encouraged to use the services of banks owned
and controlled by socially and economically disadvantaged individuals.
5. Replacement of DBE Subconsultants: The Consultant shall make good
faith efforts to replace a DBE Subconsultant, who is unable to perform satisfactorily, with another
DBE Subconsultant. Replacement firms must be approved by MoDOT's External Civil Rights
Division.
6. Verification of DBE Participation: Prior to final payment by the Local
Agency, the Consultant shall file a list with the Local Agency showing the DBEs used and the
services performed. The list shall show the actual dollar amount paid to each DBE that is applicable
to the percentage participation established in this Agreement. Failure on the part of the Consultant to
achieve the DBE participation specified in this Agreement may result in sanctions being imposed on
the Commission for noncompliance with 49 C.F.R. Part 26 and/or Section 1 101(b) of TEA-21. If the
total DBE participation is less than the goal amount stated by the MoDOT's External Civil Rights
Division, liquidated damages may be assessed to the consultant.
Therefore, in order to liquidate such damages, the monetary difference between the amount of the
DBE goal dollar amount and the amount actually paid to the DBEs for performing a commercially
useful function will be deducted from the Consultant's payments as liquidated damages. If this
Agreement is awarded with less than the goal amount stated above by MoDOT's External Civil
Rights Division, that lesser amount shall become the goal amount and shall be used to determine
liquidated damages. No such deduction will be made when, for reasons beyond the control of the
Consultant, the DBE goal amount is not met.
7. Documentation of Good Faith Efforts to Meet the DBE Goal: The
Agreement goal established by MoDOT's External Civil Rights Division. The Consultant must
document the good faith efforts it made to achieve that DBE goal, if the agreed percentage specified
is less than the percentage stated. Good faith efforts to meet this DBE goal amount may include such
items as, but are not limited to, the following:
A. Attended a meeting scheduled by the Department to inform
DBEs of contracting or consulting opportunities.
B. Advertised in general circulation trade association and socially
and economically disadvantaged business directed media concerning DBE subcontracting
opportunities.
C. Provided written notices to a reasonable number of specific
DBEs that their interest in a subconsultant agreement is solicited in sufficient time to allow the DBEs
to participate effectively.
Fig. 136.6.1 Contract - 20 - Re��sed ai3i>>
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 Consultant.
I. Made effective use of the services of available disadvantaged
business organizations, minority contractors' groups, disadvantaged business assistance offices, and
other organizations that provide assistance in the recruitment and placement of DBE firms.
8. Good Faith Efforts to Obtain DBE Participation: If the Consultant's agreed
DBE goal amount as specified is less than the established DBE goal given, then the Consultant
certifies that the following good faith efforts were taken by Consultant in an attempt to obtain the
level of DBE participation set by MoDOT's External Civil Rights.
Fig. 136.6.1 Contract - 21 - Re��sed si3ii i