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HomeMy Public PortalAboutORD15097BILL NO. 2012 -152 SPONSORED BY COUNCILMAN Scrivner ORDINANCE NO. _ i 5-6 7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BARR ENGINEERING COMPANY TO EVALUATE AND PROVIDE RECOMMENDATIONS FOR SEWER PRETREATMENT CODES. WHEREAS, Barr Engineering Company is the most qualified firm to complete the engineering work needed to facilitate this project. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized to execute an agreement with Barr Engineering Company for sewer pretreatment evaluation. Section 2. The agreement shall be substantially the same in form and content as the agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: %lot' I1 Approved: Presiding Offi ATTEST: C' Clerk Mayor APPROVED AS TO FORM: ity Counselor CITY OF JEFFERSON CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT, made and entered into this , day of April, 2013, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as the "City," with offices at 320 East McCarty, Jefferson City, Missouri 65101, and Barr Engineering Company., 1001 Diamond Ridge, Suite 1100, Jefferson City, MO 65109, hereinafter referred to as the "Consultant." WITNESSETH: THAT WHEREAS, the City desires the review and evaluate of the Jefferson City, Missouri, sanitary sewer pretreatment program. NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Consultant as follows: 1. Scope of Services. The City agrees to engage the services of the Consultant to review and evaluate the City of Jefferson, Missouri's, sanitary sewer pretreatment program. 2. Additions or Deletions to Services. The City may add to consultant services or delete therefrom activities of a similamature. The Consultant shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the City Administrator and shall be accepted and countersigned by the Consultant or its agreed representatives. 3. Existing Data. All information, data and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Consultant without charge by the City, and the City shall cooperate with the Consultant in every reasonable way in carrying out the scope of services. 4. Personnel to be Provided. The Consultant represents that the Consultant has or will secure at its expense all personnel required to perform the services called for under this contract by the Consultant. Such personnel shall not be employees of the City or have any contractual relationship with the City except as employees of the Consultant. All of the services required hereunder will be performed by the Consultant or under the Consultant's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted without the written approval of the City. U: \Contract Files \ Professional Services \Barr Engineering Company\Professional Services WW 3.13•13.wpd 5. Notice to Proceed. The services of the Consultant shall commence as directed in the Notice to Proceed. 6. Compensation. The City agrees to pay the Consultant in progress payments, as established by the City. The final payment will be subject to receipt of a requisition for payment and a statement of services rendered from the Consultant certifying that the Consultant fully performed all work to be paid for in such progress payments in conformance with the contract. It is expressly understood that in no event will the total compensation and reimbursement to be paid to the Consultant under the terms of this contract exceed the sum of Sixty -Eight Thousand Seven Hundred Thirty Dollars ($68,730.00). No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. 7. Failure to Perform, Cancellation. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. The Consultant or the City may terminate this contract upon thirty (30) days prior written notice. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Consultant under this contract shall, at the option of the City, become its property, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. 8. Assignment. The Consultant shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement, though the City will attempt to so notify any such assignee. 9. Confidentiality. Any reports, data or similar information given to or prepared or assembled by the Consultant under this Contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Consultant without prior written approval of the City. 10. Nondiscrimination. The Consultant agrees in the performance of the contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against any employee of the Consultant or applicant for employment and shall include as similar provision in all subcontracts let or awarded hereunder. U: \Contract Files \Professional Services\Barr Engineering Company\Professional Services WW 3- 13- 13.wpd 2 11. Independent Contractor. The Consultant is an independent contractor and nothing contained herein shall constitute or designate the Consultant or any of its agents or employees as agents or employees of the City. 12. Benefits Not Available. The Consultant shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Workman's Compensation Program of the City. 13. Liability. The parties mutually agree to the following: (a) In no event shall the City be liable to the Consultant for special, indirect or consequential damages, except those caused by the City's negligence arising out of or in any way connected with a breach of this contract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this contract. (b) The Consultant shall indemnify and hold the City harmless from and against all claims, losses and liabilities arising out of personal injuries, including death, and damage to property which are caused by the acts, errors and omissions of Consultant for which they would be otherwise legally liable, arising out of or in any way connected with this contract. 14. Documents. Reproducibles of tracings and maps prepared or obtained under the terms of this Contract shall be delivered upon request to and become the property of the City upon termination or completion of the work. Copies of basic survey notes and sketches, charts, computations, and other data prepared or obtained under this Contract shall be made available, upon request, to the City without restrictions or limitations on their use. When such copies are requested, the City agrees to pay the Consultant its costs of copying and delivering same. 15. Nonsolicitation. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, 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, gifts, or contingent fee. U: \Contract Piles \Professional Services \Barr Engineering Company \Professional Services WW 3.13.13.wpd 3 16. Books and Records. The Consultant and all his subcontractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred in connection with this Contract, and shall make such materials available at their respective offices at all reasonable times during the Contract and for a period of three (3) years following completion of the Contract. 17. Delays. The Consultant shall not be liable for delays resulting from causes beyond the reasonable control of the Consultant; the Consultant has made no warranties, expressed or implied, which are not expressly set forth in this contract; and under no circumstances will the Consultant be liable for indirect or consequential damages. 18. Notices. All notices required or permitted hereunder and required to be in writing may be given by first class mail addressed to the City of Jefferson, c/o the City Administrator, at 320 East McCarty Street, Jefferson City, Missouri, 65101, and Barr Engineering Company, 1001 Diamond Ridge, Suite 110, Jefferson City, Missouri, 65109. The date and delivery of any notice shall be the date falling on the second full day after the day of mailing. 19. Point Of Contact The Consultant shall consider Mr. Nathan M. Nickolaus, City Administrator, as the designated Owner representative until notified otherwise. 20. I11ega1 Immigration. Prior to commencement of the work: a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. c. If contractor is a sole proprietorship, partnership, or limited partnership, contractor shall provide proof of citizenship or lawful presence of the owner prior to issuance of the Notice to Proceed. 21_ Law to Govern. This contract shall be governed by the laws of the State of Missouri as to both interpretation and performance. U: \Contract Files \Professional Services \Barr Engineering Company\Professional Services WW 3- 13- 13.wpd 4 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this d day of April, 2013. CITY OF JEFFERSON, MISSOURI ATTEST: APPROVED AS TO FORM: City Counselor BARR ENGINEERING COMPANY ATTEST: Title: rod t+ 0 "�a U: \Contract Files \ Professional Services \Barr Engineering Company \Professional Services WW 3-13-13.wpd 5