HomeMy Public PortalAboutORD12110 ,
BILL NO. 94-45
SPONSORED BY COUNCILMAN Haake
ORDINANCE NO. 12110
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH ACE PIPE
CLEANING TO PROVIDE SANITARY SEWER CLEANING, TELEVISING AND
REPORTING SERVICES ON THE EAST AND NORTHWEST SEWER MAINS.
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 an
agreement with Ace Pipe Cleaning to provide sanitary sewer cleaning, televising and
reporting services on the East and Northwest sewer mains. The amount of the
agreement shall not exceed $21 ,000.00.
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.
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Passed: 6/20/94 Approved: L2y-e"'�
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ATTEST:
Cit' Cl rk
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Louise Gardner
so MAYOR .
320 E. McCarty St. 314.634-6300
Jefferson City, Missouri 65101
July 5, 1994
Mr. Harold Harper
Ace Pipe Cleaning, Inc.
4000 Truman Road
;. Kansas City, MO 64127
RE: SEWER LINE CLEANING and TELEVISING of EAST MAIN and NORTHWEST MAINS
Dear Mr. Harper:
This letter will serve as the NOTICE TO PROCEED with the above referenced project
effective Tuesday, July 5, 1994. The 120 working day contract time will begin, on that date.
' Should you need additional information please contact this office. We look forward to working
with you on this project.
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Sin rely,
G'
Steve Kleffner
Collection Systems Maintenance Supervisor
Mas
c: Csty Cjefk,: ..
Director of Public Works
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CONTRACT FOR PROFESSIONAL SERVICES
._ THIS AGREEMENT, made and entered into thi
as7 day of 1994, by and
.=' between the City of Jefferson City, Missouri, a municipal corpor on, hereinafter referred to as
"City" with offices at 320 East McCarty, Jefferson City, Missouri, 65101, and Ace Pipe
Cleaning, Inc., 4000 Truman Road, Kansas City, Missouri 64127, hereinafter referred to as the
a. "Consultant".
WITNESSETH:
THAT,WHEREAS,the City desires to engage the Consultant to render certain technical and
professional planning services hereafter described in Exhibit A.
WHEREAS, the Consultant 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
` 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 perform the
services hereinafter set forth in connection with project described in Exhibit A.
2. Additional 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
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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 the office of the Parks and Recreation and shall be
f 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. The Consultant shall not be liable for the accuracy of the information furnished by the City.
4. Personnel to be Provided. The Consultant represents that 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 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 except as provided in
Exhibit A without the written approval of the City.
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u; Notice to Proceed The services of the Consultant shall commence as directed in the Notice
t - of Proceed and shall be undertaken and completed in accordance with the schedule contained in
Exhibit A.
6. fomensation The City agrees to pay the Consultant.in accordance with the terms
set forth
in Exhibit A,which shall constitute complete compensation for all services to be rendered under this
contract. The final payment will be subject to receipt of a requisition for a
p yment and a statement
f of services rendered 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 Twenty Thousand Nine Hundred Ninety Dollars ($20,990.00) for all services required unless specifically and mutually agreed to in writing both t ity and
Consultant. Such compensation will be paid in progress payments, as specified ified in Exl bC A. No
rU 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.
uired.
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su 7. 1~ailure to Perform Cancellatix�'''
on 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 } .
4 specifying the effective date thereof, at least five (5) days before the effective day of such
termination. The Consultant may without cause terminate this contract upon 30 days prior written
v 1 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 Consultant under this
contract shall, at the option of the City, become its property,•.� tY p p rty, and the compensation for any
satisfactory work completed on such documents and other materials shall be determined.
Notwithstanding the above,the Consultant shall not be relieved of liability to the City for damages
N sustained by the City by virtue of any such breach of contract by the Consultant.
8. Assi nment. 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 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,
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handicap, age or political affiliation, against any employee of consultant or applicant for
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employment and shall include a similar provision in all subcontracts let or awarded hereunder.
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11. Independent Contract r The Consultant is an independent contractor and nothing herein
shall constitute or designate the Consultant or designate the Consultant or any of its 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 Workmen's Compensation Program of the City.
13. Liabili . 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 arising out of or in any way
connected with 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 defend,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 Consultant arising out of or in any way
connected with this contract.
14. Documents. Reproducibles oftracings 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 terminatio n
or completion of the work. Copies of basic survey notes and sketches, ch
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 it
pay the Consultant its costs of copying and delivering same. to
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.
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.
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17. elvs. The Consultant shall not be liable for delays resulting from causes beyond the
}r 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. N tires• All notices required or permitted herein and required to be in writing may be given
by first class mail addressed to City of Jefferson, c/o City Clerk and c/o Director of Public Works,
320 East McCarty Street, Jefferson City, Missouri 65101, and Ace Pipe Cleaning, Inc., 4000
Truman Road, Kansas City,Missouri 64127. The date and delivery of any notice shall be the date
falling on the second full day after the day of its mailing.
EXECUTED THIS 42� )AY OF - , 1994.
ACE PIPE CLEANING, INC. CITY OF JEFFERSON, MISSOURI
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Title: Harold D.Harper,Pr dent May r
ATTEST: ATTEST:
Title: � �� City Cl rk
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EXeHIIIIT „A„
SEWER LINE CL.EANINO AND T �, , ,VI iDJ
OF EA AIN AND NORTH MST MAINS
IN'TROIaUCTION
Sections of the East and Northwest sewer mains are unable to carry the high wastewater flows
associated with the heavy rains of 1993. It is likely that these mains are not flowing freely due to
obstructions. We have checked portions of these mains with our televising unit and found debris
build up and substantial root growth. Most of these lines are too large for our equipment and so we
must contract this cleaning project.
SCO F!QF SERVICES
The contractor is to thoroughly clean and televise designated sections of the East and Northwest
sewer mains and provide reports on evidence of inflow from manholes, pipe joints, and other
sources.
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A. Amount of pipe, size,type, and number of manholes to be serviced.
1. East Main
2,000 feet of 8" VCP
300 feet of 10" VCP
1,200 feet of 12" VCP
4,750 feet of 15" VCP
36 manholes
2. Northwest Main
2,320 feet of 8" VCP
1,350 feet of 14" VCP
12 manholes
B. Sewer line cleaning
1. The pipe shall be cleaned with a hydraulic root cutter, porcupines, or any other
method approved by the Wastewater Division that will not damage existing pipe. It
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may be necessary to use a portable hose reel such as an Extend-A-Jet to reach some
sections of the East main that are not accessible from the street,
2. The pipe shall be cleaned so as 90% of original size is free of debris and buildup.
3. The contractor shall be responsible for disposal of debris removed from the pipe to
a landfill or other suitable location. City staff can assist in making arrangements
with the local landfill operator.
C. Sewer Line Televising and Inspection of Manholes
1. Upon completion of pipe cleaning, all sewer lines shall be televised and inspected for
structural soundness and sources of inflow/infiltration and degree of cleanliness of
pipe. The rate of televising shall not exceed 30 ft. per minute.
2. Contractor shall use a pan and tilt color camera with 3 lux lighting effects for best
possible inspection of pipe joints and service connections.
D. Manhole Inspection
1. Manholes shall be inspected for structural soundness and possibilities of
inflow/infiltration.
E. Time Requirements
a 1. Work shall be completed within 120 days of notice to proceed and final reports
delivered within 150 days of notice to proceed.
F. Payment
1. A lump sum payment shall be made to Consultant by City upon submission of an.
itemized statement following completion of the project.
G. Final Report
1. Final report shall include complete set of tapes and pictures of defective areas
including manholes.
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2. Final report shall include recommendations for necessary repairs to reduce 1/1 and
insure structural integrity of pipe and manholes.
3. Final report shall include recommended service intervals and precautions to be taken
to guarantee pipe cleanliness and prohibit root growth.
4. Contractor shall furnish City with three(3)copies of final report and one (1) copy of
T.V. VHS tapes.
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CITY OF JEFFERSON, MISSOURI
OFFICE OF THE PURCHASING AGENT
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.: PROPOSAL REQUEST NO. 1475
SUBJECT SEWER CLEANING
DATE OPENED MAY 10, 1994
DEPARTMENT Public Works
The above RFB has been evaluated by the Purchasing Agent and
Department Head for compliance of form and specification
requirements. Recommendations are as follows:
LOWEST PROPOSAL MEETING SPECIFICATIONS
VENDOR: ACE PIPE CLEANING KANSAS CITY MO
The reca sheet 1
p t of all bids submitted is attached.
K
REMARKS:,
640.0-5900-8000-3100 WASTEWATER CAPITAL PROJECTS
Appropriated 60,000.00
Proposal 1475 _ x0.990.00
Balance 39,010 .00
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