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Home My Public Portal AboutORD13555 BILL_ IVO, 2003-26 SPONSORED BY COUNCILMAN Berry _ ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTRAL MISSOURI PROFESSIONAL SERVICES FOR SURVEYING AND EASEMENT DESCRIPTIONS FOR THE ALGOA REGIONAL WASTEWATER COLLECTION SYSTEM, WHEREAS, Central Missouri Professional Services has been selected as the firm best qualified to provide professional services related to the Surveying and Easement Descriptions for the Algoa Regional Wastewater Collection System project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Central Missouri Professional Services is hereby approved as the best qualified firm to provide professional services and its proposal is hereby accepted. Section 2.The Mayor and City Clerk are hereby authorized to execute an agreement with Central Missouri Professional Services for Surveying and Easement Descriptions for the Algoa Regional Wastewater Collection System. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: i f tC Approved i�'•' r".�,1� ,'�� ,_ ?G� t ._. 1 f� /` �;?'� .�-,ice �.--- _ ��.,!`( ; , � ,�•�f 'C.��"-- /Presiding Officer Mayor AT-TEST: APPROVED AS TO FORM: City Cler City Counselor r ~ l;/ CITY OF JEFFERSON CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT, made and entered into this jj_ day of June, 2003, 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 Central Missouri Professional Services, Inc., hereinafter referred to as the"Consultant,"with offices at 2500 East McCarty Street, Jefferson City, Missouri, 65101. WITNESSETH; THAT WHEREAS, the City desires to engage the Consultant to render certain technical and consulting services pertaining to the land surveying and legal description of as-built easements - Algoa Regional Wastewater Collection System; and THAT WHEREAS, Consultant has made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Consultant for the performance of services by the Consultant. 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 prepare a land surveying and written legal description of record easements for the Algoo Regional Wastewater Collection System as shown on Exhibit A. Easements shall be written to the City of Jefferson from the affected property owners including Partnership 2000 Inc., Command Web, Cole County and the State of Missouri. 2. Additions or Deletions to Services. The City may add to consultant services or delete therefrom activities of a similar nature to those set forth in Exhibit A,provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 6 hereof. 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 Director of Community Development and shall be accepted and countersigned by the Consultant or its agreed representatives. The Consultant will perform any additional work requested by the City which is not specifically covered in the scope of work as defined herein at a reasonable fee or compensation to be agreed to between the City and the Consultant at the time any such service may be required. 3. Term of Contract. The work to be performed under this contract shall be cornpleled within thirty (30) working days. HAContract Flies\Professional Sorvlces\gimps\Algo WW Collection System Survey&legal Descdptlon.wpd 4. Exisiing-Q ato. 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 wiih the Consultant in every reasonable way in carrying out the scope of services, 5. 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 employer-s 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 tyre City. 6. Notice to Proceed_ The services of the Consultant shall commence as directed in the Notice to Proceed and shall be undertaken and completed in accordance with the schedule. 7. Compensation, The fatal amount for professional services rendered under this shall not exceed Seventeen Thousand Two Hundred Fifty Dollars ($17,250.00). 8. 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 clay 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, 9. Assignment. The Consultant shall not assign any interest in this contract, and shall not transfer any interest in the some(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 some 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 allernpt to so notify any such assignee. 10. 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 Aindividual or organization by the Consultant without prior written approval of the City, ti:\ConVa,a Hles\Protosslonal Sorvicrn\crnps\Algo MV Collortlon Systern Survey R rogal Duscrlpgon,w{',d 2 11. MondisGrlmination. The Consultant agrees in the performance of the contract riot to disciirTllnale on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or polific:ai affiliation, against any employee of the Consultant or applicant for ernployment and shall include as similar provision in all subcontracts let or awarded hereunder, 12, Independent Contractor_ The Consultant is an independent contractor and nothing contained herein- shall constitute or designate the Consultant or any of its agents or(-,mj:)Ioyeos as noonls or employees of the City. 13. Benefits Not Available. The Consultant shall not be entitled to any of ih benefits estat-Aishecl fear the ernploye(.�s of iho City nor be covered by the Workman's Compensation Prograrn of the City. 14. liability. The parties mutually agree to the following: (a) It) no event shrill the City be liable; to the Consultant for special, indirect or consequential damages, except those, caused direclly or proxirnaiely by the City's negligence arising out of or in anyway connr;-cled wilf r a breach of this contract. The maxirnurn liability of the City shall be limited to the-, rrrrlount of money to be paid or received by the City under this conlract. (b) The Consultant shall indemnify and hold the City harrnless from and against all claims, losses and liabilities arising out of personal injuries, including death, and damage to property which are caused by lfhe ants, errors anal omissions of Consultant for which they would be otherwise legally linable,arisinij out of car it I nny way connected with this contract. 15. Documents. Reproducibles of tracings and maps prepared or obicainecr undei the ir;n»s of this Contract shall be delivered upon requeO to and become the properly of the-; City upon termination or completion of the work.Copies of basic survey notes and skelche ,charts, r„orT)f�aulatians,and other data prepared or obtained under this Contract shall be made available, upon,equest, to the City without restrictions or limitations on their use. When such copies are requested, itie City agrees to pay the Consultant its costs of copying and delivering same. 16. Nonsolicitatlon. The Consultant warrants that he has not employed or retained any c.orrnpany or person, other ihan a bona fide employee working solely for the Cor7SUltar11,Ica solicit or secure this contract,and that he has riot paid or agreed to pay any company or person, other than a bone:, fides 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 rncaking of this c:ontrar;t. For breach or violation of this warranty, the City shall have the right to annul this contract without liability, car, in its discretion, to deduct from the contract price or consideration, or othe.iwisc re cover the full ar-nourtl of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. H;\Cont,ocr Filowforesslonal sero:os\cmps\AIgo WW ColloctIon Syslom Svrvny F.tegol UescdrA,)(i.Wr,l 3 17, Bnoks 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. 18, 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. 19. 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, Community Development,320 East McCarty Street, Jefferson City,Missouri,65101,and Central Missouri Professional Services,Inc.2500 East McCarty Street,Jefferson City, Missouri, 65101. The date and delivery of any notice shall be the date falling on the second full day after the day of mailing. 20. law to Govern. This contract shall be governed by the laws of the State of Missouri as to both interpretation and performance. IN WITNESS WHEREOF,the parties hereto have set their hands and seals this_ ��day of June,2003. CITY.-OFAE FERSON, MISSOURI CMPS INC. UGC_ Mayor ' L_ATT'ES'C: A'i"'FF"S'I': `t- ty Cle► I'ille: A170 VED S 'I'OIOItM: City,Counselor / V HAContract Fllos\PSofcoonal servicos\cmps\A!go WW Colleclkn syslom Survey 8 leigal Uescrlpllon.wpd 4 EX HI BI A Survey and written legal description of record easements for the Alcoa Regional Wastewater Collection System. The system as construction consists of the following (see attached map): • Gravity Line B 1,539 L.F. • Gravity Line C 922 L.F. • Gravity Line D 400 L.F. • Force Main A 5,508 L.F. • Force Main B 1,218 L.F. • National Guard Service Line 285 L.F. • National Guard Collection System 12,400 L.F. Lagoon Outfall Gravity Line 2,073 L.F. Pump Station B (approximate site size) Total length of 15-foot wide sewer line casements is approximately 23,895 lineal feet. There is also a pump station site on state property to be surveyed and described. Easements shall be written to the City of Jefferson from the State of Missouri. Scope of work includes a thirty (30) foot ingress/egress casement at the Southwest corner of the lagoon property made out to the City ot'JePferson and AmcrenUE. HAContract illos\Professlonal Sarvlces\cmps\Atgo WW Collectlon System Survey&legal Descrlptlorimpd 5 ,,p=��..!'of ,r ° off, � •�� `J�• i,:_`�� :, � �� , •� �i ca mok ku CD m z l/1 am uj 4z O w cn It CD 1 �` / —f.__--__.='1� `Ili i �l_- "'l / �� y 1� t ( ••' �.J- -�1 � '° •� /� �' ', ice / `\ �� \' � i I ` ..`�i: �,�:1y��!) CL xaaa a R as ' o � Q DO RC � � E a� rrw . a (� 4 0