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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 r. M si g Officer r ATTEST: City Clerk ,�1 ® 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