HomeMy Public PortalAboutORD12100 BILL NO._ 94-35
SPONSORED BY COUNCILMAN Haake
ORDINANCE NO. 12100
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT WITH MARSHALL
ENGINEERING FOR THE DESIGN OF SANITARY SEWER SERVICES.
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BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized to enter into a
contract with Marshall Engineering for the design of sanitary sewer services. The
amount of the contract shall not exceed $6,386.00.
Section 2. The agreement shall be substantially the same in form and content
as that 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: �9
' Approved:
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' Presidin icer
May
ATTEST:
City Cl rk
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,0 } OTT T FOREI� I�NT IDIG SIERVIC�.�
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THIS AGREEMENT,made and entered into this day of , 1994,
by and between the City of Jefferson, a municipal corporation of the Stat of Missouri, hereinafter
k; referred to as the "City," with offices at 320 E. McCarty, Jefferson City, Missouri 65101, and
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r Marshall Engineering Consulting Services,P. O. Box 7387,Columbia, Missouri 65205,hereinafter a.
referred to as the"Engineer."
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WITNESSETH:
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WHEREAS, City desires to engage the Engineer to render certain technical and engineering
services hereafter described in Exhibit "A"; and
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WHEREAS, the Engineer made certain representations and statements to the City with
,#ri respect to the provision of such services and the City has accepted said proposal to enter into a
contract with the Engineer for the performance of services by the Engineer.
s herein expressed, it is agreed by and between the City
NOW, THEREFORE, for the consideration
and the Engineer as follows:
1. Scope of Services. The Engineer agrees to perform the engineering and administrative
services described in the attached Exhibit A.
2. Additions or Deletions to Services. The City may add to Engineer services or delete there-
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from activities of a similar nature to those set forth in paragraph 1,provided that the total cost of
such work does not exceed the total cost allowance as specified in paragraph 6 hereof. The Engineer
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shall undertake such changed activities only upon the direction of the City. All such directives and
t changes shall be in written form and prepared and approved by the office of Public Works shall be
accepted and countersigned by the Engineer or his agreed representatives.
The Engineer 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 Engineer at the time any such service may be required.
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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 Engineer without charge by the City, and
the City shall cooperate with the Engineer in every reasonable way in carrying out the scope of
` . services.
The City will furnish,as required for the work and not at the expense of the Engineer,the
following items:
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(a) Property, boundary, easement, right-of-way, topographic, and utility surveys and
property descriptions when such information is required, t `
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(b) All maps, drawings, records, audits,annual reports, and other data that are available
in the files of the City and which may be useful in the work involved under this
' Contract.
r (c) Access to public and private property, as necessary, when required to conduct field
` investigations.
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4. PerQnnel To Be Provided. The Engineer represents that Engineer has or will secure at h'
t; its own expense, all personnel required to perform the services called for under this contract by
Engineer. Such personnel shall not be employees of or have any contractual relationship with the
v City except as employees of the Engineer. All of the services required hereunder will be performed 'r
by the Engineer or under Engineers direct supervision and all personnel engaged in the work shall > •Ka , , r.r='
be fully qualified and shall be authorized xmder state and local law to perform such services.None
;k of the work or services covered by this contract shall be subcontracted without the written approval
of the City.
5. Notice to Proceed. The services of the Engineer shall commence as directed in the Notice _
to Proceed and shall be undertaken and completed in such sequence as to assure their expeditious
G;.. completion in the light of the purposes of the contract, but in any event, all of the services required
yw hereunder shall be completed within six-(y(60)days from the date of execution of this contract.
6. Compensation. The City will pay the Engineer in accordance with the rate set forth
zlibelow,which shall constitute full and complete compensation for the Engineer services hereunder.
*i Such compensation will be paid 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
Engineer that the Engineer fully performed with 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 Engineer under the terms of this contract exceed
s the sum of Six Thousand Three Hundred Eighty-six Dollars ($6,386.00) for all services required
unless specifically and mutually agreed to in writing by both the City and Engineer. No change shall
be made unless there is a substantial and significant difference between the work originally
contemplated by this agreement and the work actually required.
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For the services covered by this Contract the City agrees to pay the Engineer as follows:
(a) For the services outlined in Paragraph 1 - SCOPE OF SERVICES,the City agrees
to pay the Engineer a fee computed on the basis of(1)hourly rates that include base
salary cost, direct payroll additives, general and administrative overhead and profit,
and(2)reimbursable direct expenses. The term "base salary cost” shall be the actual
amounts paid employees of the Engineer, prior to deductions or withholding, based
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01111 on each employee's hourly rate. Base salary cost does not include direct payral additives, general and administrative overhead or profit. The term "direct payroll
' ement health and accident insurance,
additives" shall include payroll tax, retir
holiday a sick leave pay and incentive pay. The term "general and
vacation pay, Y p Y� '.
administrative overhead" shall include such indirect costs as clerical,telephone, dues
d subscriptions, accounting services, once supplies,maintenance, depreciation,
an non-profit
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general insurance, rent, general taxes, survey stakes, equipment , °en ation
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- •�` salary cost and non profit general expense. The maxim .
`'. encumbered under this Agreement shall be Six Thousand Three Hundred Eighty-six 4a
• ;� Dollars ($6,386.00).
Reimbursable direct expenses chargeable to the project, which are included in the
�) maximum fee billing above, are as follows: n
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Travel, subsistence, and incidental costs. �.
M'" ( ) rental basis. '
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' (2) Use of motor vehicles on a mileage or
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{ n ' (3) Telephone and telegraph costs.
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(4) Reproduction of project documents.
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(5) Postage and shipping charges for project related materials.
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' (6) Rental charges for use of equipment, including eq p
Engineer, not included in overhead costs.
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c Partial periodic monthly payments shall be made to the Engineer by the City as
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follows:
(a) The Engineer shall render an itemized monthly statement to the City for work
performed and costs incurred during the preceding month.
(b) The monthly installments and current f,a he Engee shall not be
disproportionate to work progress as repo y
Y` c) The entire amount due shall be paid each month provided the maximum
( billing amount has not been exceeded.
7. F�;t„rP to Perform Cancellation. if,through any
cause,the Engineer shall fail to fulfill
in timely and proper manner its obligations under this contract, or if the Engineerosn shall the right
of the covenants,agreements,or stipulations of this contract,the City shall thereup
contract b giving written notice to the Engineer of such termination and specifying
to terminate this co Y
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the effective date thereof, at least five (5) days before the effective day of such termination. City or 4
Engineer may without cause terminate this contract upon thirty(30) days prior written notice. In
either such event, all finished or unfinished documents, data, studies, surveys, drawings, maps,
models, photographs and reports or other materials prepared by the Engineer under this contract
shall, at the option of the City, become its property, and the Engineer shall be entitled to receive just
S and equitable compensation for any satisfactory work completed on such documents and other:.
materials. ^
Notwithstanding the above, the Engineer shall not be relieved of liability to the City for
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damages sustained by the City by virtue of any such breach of the contract by the Engineer.
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8. Assi tip meet. The Engineer 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 rovided herein and no such assignment shall require the City to give any
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notice to any such assignee of any actions which the City may take under this agreement,though City
will attempt to so notify any such assignee. ; '
`h 9. Confidentiality. Any reports, data, or similar information given to or prepared or
F, assembled by the Engineer under this contract which the City requests to be kept as confidential shall
not be made available to any individual or organization by the Engineer without prior written
L` approval of the City.
10. Nondiscrimination. The Engineer agrees in the performance of this contract not to
discriminate on the ground or because of race, creed, color,national origin or ancestry, sex,religion,
handicap, age, or political opinion or affiliation, against any employee of Engineer or applicant for
employment and shall include a similar provision in all subcontracts let or awarded hereunder.
11. Independent Contractor. The Engineer is an independent contractor and nothing
contained herein shall constitute or designate the Engineer or any of its agents or employees as
agents or employees of the City.
12. Benefits Not Available. The Engineer shall not be entitled to any of the benefits
established for the employees of the City nor be covered by the Workmen's Compensation Program
x' of the City.
13. Lia ili The parties mutually agree to the following:
(a) In no event shall the City be liable to the Engineer for special, indirect, or
consequential damages, except those caused by the City's negligence, arising out of ,
V or in any way connected with a breach of this contract. The maximum liability of the
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City shall be limited to the amount of money to be paid or received by the City under
this contract. 4
(b) The Engineer shall indemnify, and hold the City harmless from and against all a
claims, losses, and liabilities arising out of personal injuries, including death, ands»•.
damage to property which are caused by the acts, errors and omissions of Engineerk
for which they would be otherwise legally liable, arising out of or in any way
connected with this contract.
pv< 14. Documents. That 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, j
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 Engineer its cost of copying and delivering same, s;.• '
15. Non,olicitation. The Engineer warrants that he had not employed or retained any ;f4,
company or person, other than a bona fide employee working solely for the Engineer,to solicit or
secure this Contract, and that he has not paid or agreed to pay any company or person, other than a r; > ;
broker e fee,fide employee workin g solely for the En g ineer,any fee commission,percentage,
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r..} 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.
16. Books and Records. The Engineer and all his subcontractors shall maintain all books,
.; s docurn�ents,papers, accounting records and other evidence pertaining to costs incurred in connection
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fad with this Contract, and shall make such materials available at their respective offices at a
reasonable times during the Contract and for a period of three(3)years following completion of the
'? Contract.
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17. Delays. That the Engineer shall not be liable for delays resulting from causes beyond
the reasonable control of the Engineer; that the Engineer has made no warranties, expressed or
implied,which are not expressly set forth in this Contract; and that under no circumstances will e
Engineer be liable for indirect or consequential damages.
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18. Notices. All notices required or permitted hereunder and required to be in writing may
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be given by first class mail addressed to City,c/o the City Counselor, at 320 East McCarty,Jefferson
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City, Missouri 65101, and Engineer at P. O. Box 7387, Columbia, Missouri 65205. The date of
delivery of any notice shall be the date falling on the second full day after the day of its mailing.
19. Law to Govern This Contract shall be governed by the laws of the State of Missouri as
to both interpretation and performance.
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Exhibit' "A"
Boonville Road Sewer Construction
Scope of Services
Provide preliminary and final design to construct individual home pressure sewers
E, for a section of 10 lots on the north side of Boonville Rd. The addresses of these
lots are from 610 to 730 Boonville Rd.
Review the project with City officials and property owners and prepare a
preliminary design with cost estimates for the design and construction of the
project. If the City determines that the project is feasible, the consultant will then
prepare the final design for acquiring contractor bids.
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Services shall include but are not limited to: '}
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A. Preliminary Design and Cost Estimation
1. FIELD SURVEY
Perform all surveys necessary to obtain required information.
2. UTILITIES
j Be responsible for contacting, locating and coordinating all utilities
involved in the project.ct. There will be direct costs to the City for
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relocation of exisfing facilities. It is the City's desire to minimize
` utility costs whenever possible.
Show all utilities of record on the plans, listing name and address of
the agencies.
Design of the sewer lines shall include coordination of utility
relocation. Marshall Engineering shall meet and confer with the
utilities, assisting in the development of the relocation plans.
3. MEETINGS AND CONFERENCES
It is anticipated there will be meetings and consultations among
Marshall Engineering, the City, and property owners. Marshall
Engineering will be expected to attend all necessary meetings and
prepare any visuals needed for these meetings.
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B. FINAL DESIGN, SPECIFICATIONS, CONTRACT DOCUMENTS, AND
ESTIMATES
Mar shall Engineering shall develop detailed plans, specs and
estimates to allow the City to take bids for construction.
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Plans shall be developed using a computer aided design and drafting
system. AUTOCAD drawing files shall be supplied to the City. Final
. plans will be on a mylar type material approximately 24" x 36" in size.
Final plans shall be the property of the City. Marshall Engineering
may keep a set of reproducibles. Marshall Engineering shall submit
} originals of final plans and contract documents to the City. The City
shall make and distribute copies for bidding purposes.
The City shall provide Marshall Engineering with a copy of its
standard contract documents, technical specifications, and detail sheets.
' = The Consultant will use them in preparing the contract documents for
the project.
C. RIGHT—OF—WAY ACQUISITION
. '. Marshall Engineering shall be responsible for preparing legal
`r descriptions for right—of—way acquisition, permanent and temporary
easements. This would include any visuals for the property owner.
The City staff will be responsible for acquisition.
�. D. SERVICES DURING CONSTRUCTION
Marshall Engineering shall be available to answer questions and shall
make any necessary site visits to assist the City during construction.
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