HomeMy Public PortalAboutORD11144 BILL NO. 88-119
SPONSORED BY COUNCILMAN MASON
ORDINANCE NO. (//yY
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH A.C. KIRKWOOD AND
ASSOCIATES, P.C. , FOR THE DESIGN OF STANDBY ELECTRICAL POWER AT THE
WASTE WATER TREATMENT PLANT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute an agreement with A.C. Kirkwood and Associates,
P.C. , for the design of standby electrical power at the Waste Water
Treatment Plant, for a sum not to exceed $10,000.00.
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.
ePassed �� -� /L, /9�' Approved
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ATTEST:
City Clerk
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® CONTRRCT FOR ENOXNEERTNG BER9ICES
(Pump Station Electrical Improvements and Telemetry System)
TH AGREEMENT, made and entered into this J Q day of
, 1988, by and between the City of Jefferson, 320
E. McCarty, Jefferson City, Missouri, 65101, a municipal
corporation of the State of Missouri, hereinafter referred to as
the "City", and A. C. Kirkwood & Associates, P.C. , 8080 Ward
Parkway, Suite 200, Kansas City, Missouri, 64114, hereinafter
referred to as the "Engineer".
WITNESSETH:
THAT, WHEREAS, City desires to engage the Engineer to render
certain technical and professional services hereafter described in
connection with improvements to the wastewater system consisting
of electrical rehabilitation for seven pumping stations and a
telemetry system to serve 14 pumping stations, a metering station
and the treatment plant; and
WHEREAS, the Engineer made certain representations and
statements to the City with respect to the provision of such
services and the City has accepted said proposal and is authorized
by Ordinance 11144 of the City Council, of the City of Jefferson,
® adopted December 12_, 1988, to enter into a contract with the
Engineer for the performance of services by the Engineer.
NOW, THEREFORE, for the considerations herein expressed, it
is agreed by and between the City and the Engineer as follows:
1. Scope of Services. The Engineer agrees to perform the
engineering and administrative services for the project in
accordance with Attachment "All and as follows:
A. Standby Generator
1. Develop STP electrical one-line and determine size
requirements of unit.
2. Determine control and transfer requirements.
3. Prepare specifications for engine-generator unit and
review with the Owner.
B. Moreau Frump Station
1. Site visit to measure pump and adjacent piping. NOTE:
Owner to provide shop drawings of existing unit,
including pump and system curves, and construction
drawings of station, and pressure testing for system
curve.
2. Determine modifications to existing station to increase
pump capacity.
3. Prepare plans and specifications for modification and
review with owner.
2. Additions or Deletions to Services. The City may add to
the Engineer's services or delete therefrom activities of a similar
nature to those set forth in paragraph 1, provided that the total
cost to such work does not exceed the total cost allowance as
specified in paragraph 6 hereof. The Engineer shall undertake such
changed activities only upon the direction of the City. All such
directives and changes shall be in written form and prepared and
approved by the office of the Director of Public Works and shall
be accepted and countersigned by the Engineer or his agree
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 under terms and 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.
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:
a. Property, boundary, easement, right-of-way, topographic,
and utility surveys and property descriptions when such
information is required.
b. All maps, drawings, records, audits, annual report, and
other data that are available in the files of the City
and which may be useful in the work involved under this
Contract.
c. Access to public and private property, as necessary, when
required to conduct field investigations.
d. Electrical wiring diagrams and drawings of existing
facilities for the pumping stations, metering station and
treatment plant, as related to the requirements of this
project.
The City has completed or will complete all actions necessary
for regulatory approvals, environmental permits, project financing,
and legal opinions regarding the project. The City shall provide
City standard documents for general and supplementary conditions
and contract forms, and shall provide such accounting, legal and
insurance counseling services as may be needed during the course
of the project, including establishing insurance and surety bond
requirements.
4. Personnel to be Provided. The Engineer represents that
Engineer has or will secure at his own expense, all personnel
required to perform the services called fur under this contract by
the Engineer. Such personnel shall not be employees of or have any
contractual relationship with the City except as employees of the
Engineer. All of the services required hereunder will be performed
by the Engineer or under Engineer'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.
The Engineer intends to utilize the services of John Sullivan,
Jefferson City, to assist in the acquisition of field data for the
project.
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 completion in the light of the purposes of the
contract, but in any event, all of the services required hereunder
shall be completed within four calendar months from the date of the
® Notice to Proceed.
6. Compensation. The City will pay the Engineer in
accordance with the provisions set forth below, which shall
constitute full and complete compensation for the Engineer's
services hereunder. Such compensation will be paid in progress
payments, as set forth hereinafter. 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 the sum of
$10, 000 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.
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 for the
time of personnel involved at base salary cost, plus
• indirect costs (direct payroll additives, and general and
administrative overhead) at a rate of 155% of the base
salary cost, plus reimbursable direct expenses, all not
® to exceed a total cost of $8,700 without further
authorization, plus a fee of $1,300. The term "base
salary cost" shall be the actual amounts paid employees
of the Engineer, prior to deductions or withholding,
based on each employee's hourly rate. Base salary cost
does not include direct payroll additives, general and
administrative overhead or profit. The term "direct
payroll additives" shall include payroll tax, retirement,
health and accident insurance, vacation pay, holiday pay,
sick leave pay and incentive pay. The term "general and
administrative overhead" shall include such indirect
costs as clerical, telephone, dues and subscriptions,
accounting services, office supplies, maintenance,
depreciation, general insurance, rent, general taxes,
survey stakes, equipment rental, non-profit salary cost
and non-profit general expense. The maximum compensation
encumbered under this Agreement shall be Ten Thousand
Dollars ($10,000.00) .
b. Reimbursable direct expenses chargeable to the project,
which are included in the maximum fee billing above, are
as follows:
(1) Travel, subsistence, and incidental costs.
(2) Use of motor vehicles on a mileage or rental basis.
® (3) Telephone and telegraph costs.
(4) Reproduction of project documents, including one set
of mylar reproducibles of project tracings.
(5) Postage and shipping charges for project related
materials.
(E) Rental charges for use of equipment, including
equipment owned by the Engineer, not included in
overhead costs.
c. Partial periodic monthly payments shall be made to the
Engineer by the City as follows:
(1) The Engineer shall render an itemized monthly
statement to the City for work performed and costs
incurred during the preceding month.
(2) The monthly installments and current total billings
shall not be disproportionate to work progress as
reported by the Engineer.
(3) The entire amount due shall be paid each month
. provided the maximum billing amount has not been
exceeded.
(4) The City shall make prompt monthly payments in full
in response to the Engineer's monthly statements.
If the City fails to make any payment within 30 days
after billing, the amounts due the Engineer shall
be increased at the rate of 1% per month from said
thirtieth day. In addition, Engineer may, after
giving seven days' written notice to the City,
suspend services under this contract until ENgineer
has been paid in full all amounts due for services,
expenses and charges.
7. Failure to Perform. Cancellation. If, through any cause,
one party shall fail to fulfill in timely and proper manner its
obligations under this contract, or if one party shall violate any
of the covenants, agreements, or stipulations of this contract, the
other party shall thereupon have the right to terminate this
contract by giving written notice of such termination and
specifying the effective date thereof, at least five (5) days
before the effective day of such termination; provided, there is
an opportunity for consultation with the terminating party prior
to termination. City or Engineer may without cause terminate this
contract upon 30 days prior written notice; provided, there is an
opportunity for consultation with the terminating party prior to
termination. 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 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 damages sustained by the City by
virtue of any such breach of the contract by the Engineer.
8. Assignment. 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 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 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 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 or Engineer or applicant for employment and
shall include a similar provision in all subcontractors 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 his 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 of
the City.
13. Liability. 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 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 Engineer 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 due to negligent acts,
errors or omissions of the Engineer arising out of or in
any way connected with contract.
14 . Documents. The Engineer's original documents, tracings,
and field notes shall remain the property of the Engineer. Mylar
reproducibles of tracings prepared under the terms of this contract
shall be delivered 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; provided, that the City shall hold the Engineer harmless for
any use other than for the purpose of this project. When such
copies are requested, the City agrees to pay the Engineer its cost
of copying and delivering same.
15. Nonsolicitation, The Engineer warrants that he has not
employed or retained any 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 bona fide employee working solely for the
Engineer, 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 pric;- or consideration, or otherwise recover the full
amount of sucf. Zee, commission, percentage, brokerage fee gifts or
contingent fee.
16. Books and Records._ The Engineer 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 Engineer shall not be liable for delays
resulting from causes beyond the reasonable control of the
Engineer; the Engineer has made no warranties, expressed or
implied, which are not expressly set forth in this contract; and
under no circumstances will the Engineer be liable for indirect or
consequential damages.
18. Opinion of Cost. Since Engineer has no control over the
cost of labor, materials, equipment or services furnished by
others, or over the Contractor(s) ' methods of determining prices,
or other competitive bidding or market conditions, Engineer's
opinions of probable cost are to be made on the basis of Engineer's
• experience and qualifications and represent Engineer's best
judgement as an experienced and qualified professional engineer,
familiar with the construction industry; but Engineer cannot and
does not guarantee that proposals, bids or actual total project or
construction costs will not vary from opinions of probable cost
prepared by Engineer.
19. Notices. All notices required or permitted hereunder and
required to be in writing may be given by first class mail
addressed to City and ENgineer at the addresses first above noted.
The date of delivery of any notice shall be the date falling on the
second full business day after the day of its mailing.
Executed this 3 O day of , 1988.
CITY OF JEFFERSON, MISSOURI
r
MA
ATTEST: 1
Al
ity Clerk
A.0 KIRKWOOD & ASSOCIATES, P.C. ~
P ESIDENT