HomeMy Public PortalAboutORD11196 BILL NO. 88-186
® SPONSORED BY COUNCILMAN HALSEY
ORDINANCE NO. ON
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE COLE COUNTY
REGIONAL SEWER DISTRICT FOR PROFESSIONAL SERVICES.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section I. The Mayor and Clerk are hereby authorized and
directed to execute an agreement with the Cole County Regional
Sewer District for professional services.
Section 2. The agreement will 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 Approved�--A&"k- '9'
esid' ff1cer or
ATTEST:
City Clerk
CONTRACT FOR PROFESSIONAL SERVICES
THIS GREEMENT, made and entered into this day of
® ` , 1915, by and between the Cole County Regional
Sewer District, acting by and through its Receiver, J. Raymond
Brummet, (hereinafter "RSD") and the City of Jefferson, a municipal
corporation of the State of Missouri, hereinafter referred to as
the "City" with offices at 320 E. McCarty, Jefferson City, Missouri
65101.
WITNESSETH:
THAT, WHEREAS, RSD desires to engage the City to render
certain technical and professional services hereafter described in
connection with the improvements to the existing systems; and
WHEREAS, it is in the best interests of both parties for said
services to be rendered.
NOW, THEREFORE, for the considerations herein expressed, it
is agreed by and between the RSD and the City as follows:
1. Scope of Services. The City agrees to perform the
following:
A. City shall inspect the systems being retained by the RSD.
This inspection will be done in conjunction with a
representative from the current operation and maintenance
firm and a representative from Department of Natural
Resources.
B. Produce a summary of all the facilities, described in the
attached Schedule 1, the current status and the activity
needed to bring each of the facilities into compliance
with EPA and DNR regulations.
C. Prepare an engineering estimate on the cost to correct any
and all defects in the facilities.
D. Review the results of the survey of the non-Grays Creek
system.
E. Review the plans prepared by the City staff for those
improvements.
F. Make recommendations to the Regional Sewer District as to
how best to implement needed corrections to maintain the
system.
G. Assist or prepare requests for proposals to solicit
private companies to perform needed repair and to provide
the operational and maintenance needs of the system.
H. Evaluate the proposals that are returned and make a
further recommendation or recommendations to the Regional
Sewer District on acceptance of one or more of the
proposals.
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I. Provide construction contract administration services upon
request for a short period of time until the Regional
Sewer District and/or Cole County personnel could assume
that responsibility. In no event shall the contract
administration period exceed one (1) year. Payment for
this service shall be as set out in paragraph 6 or its
subparagraphs.
J. City may provide actual improvements as needed provided
that if capital expenditures are involved which exceed One
Thousand Five Hundred Dollars ($1,500. 00) , approval of the
Regional Sewer District is needed. Payment for these
improvements shall be as provided in Paragraph 6, subparts
(a) and (b) .
2. Additions or Deletions to Services. By mutual agreement
services or activities of a similar nature to those set forth in
paragraph 1, may be added or deleted. All such changes shall be
in written form and approved by both parties prior to commencement
of any activity.
Any additional work which is not specifically covered in the
scope of work as defined herein shall be provided at a reasonable
fee or compensation to be agreed to between the RSD and the City
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 City without charge by the RSD, and
the RSD shall cooperate with the City in every reasonable way in
carrying out the scope of services.
The RSD will furnish, as required for the work and not at the
expense of the City, 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 reports, and
other data that are available in the files of the RSD 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.
4. Personnel To Be Provided. The City represents that City
has or will secure at its own expense, all personnel required to
perform the services called for under this contract by City.
Such personnel shall not be employees of or have any contractual
relationship with the RSD except as employees of the City. All of
the services required hereunder will be performed by the City or
under City'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.
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S. Commencement_ and Term. The services of the City shall
commence following approval of this agreement 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 twelve calendar months from the date of
execution of this contract. The original twelve months may be
extended by mutual consent of both parties.
6. Compensation. The City's compensation for entering into
this contract shall be the execution of a contract for sale of the
Grays Creek basin facilities. If requested, construction contract
administration for a period of one year shall be provided for Ten
Thousand Dollars ($10,000.00) . Unless specified otherwise at the
time of this agreement, charges for additional services shall be
as set out in subparagraph (a) , and charges for reimbursable direct
expenses as set out in subparagraph (b) .
For the services not covered by this Contract the RSD agrees
to pay the City as follows:
a. 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 City,
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. 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.
b. Reimbursable direct expenses chargeable to the project,
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.
(5) Postage and shipping charges for project related
materials.
(6) Rental charges for use of equipment, including
equipment owned by the City, not included in overhead
costs.
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c. Partial periodic monthly payments shall be made to the
City by the RSD as follows:
(1) The City shall render an itemized monthly statement
to the RSD 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 City.
(3) The entire amount due shall be paid each month.
7. Failure to Perform. Cancellation. If, through any cause,
the City shall fail to fulfill in timely and proper manner its
obligations under this contract, or if the City shall violate any
of the covenants, agreements, or stipulations of this contract,
the RSD shall thereupon have the right to terminate this contract
by giving written notice to the City of such termination and
specifying the effective date thereof, at least five (5) days
before the effective day of such 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 City under this contract shall, at the
option of the RSD, become its property, and the City shall be
entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials.
Notwithstanding the above, the City shall not be relieved of
® liability to the RSD for damages sustained by the RSD by virtue of
any such breach of the contract by the City.
8. Assignment. This Agreement shall be binding upon and
enure to the benefit of the respective successors and assigns of
each of the parties hereto, but any assignment of this Agreement
by either party without the prior written consent of the other
party shall be void. Consent to assign shall not be unreasonably
withheld by any party.
9. Confidentiality. Any reports, data, or similar
information given to or prepared or assembled by the City under
this contract which the RSD requests to be kept as confidential
shall not be made available to any individual or organization by
the City without prior written approval of the RSD.
10. Nondiscrimination. The City 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
City or applicant for employment and shall include a similar
provision in all subcontracts let or awarded hereunder.
11. Independent Contractor. The City is an independent
contractor and nothing contained herein shall constitute or
designate the City or any of its agents or employees as agents or
employees of the RSD.
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12. Benefits Not Available, The City shall not be entitled
to any of the benefits established for the employees of the RSD nor
be covered by the Workmen's Compensation Program of the RSD.
IMORL 13 . Liability. The parties mutually agree to the following:
qP
a. In no event shall the RSD be liable to the City for
special, indirect, or consequential damages, except those
caused by the RSD's negligence, arising out of or in any
way connected with a breach of this contract. The maximum
liability of the RSD shall be limited to the amount of
money to be paid or received by the RSD under this
contract.
b. In no event shall the City be liable to the RSD 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.
c. Notwithstanding the above, City shall not be liable for
injury or property damage arising out of the discharge,
dispersal, release, or escape of treated or untreated
water into or upon land, the atmosphere or any watercourse
or body of water, unless such injury or damages, or a
portion of same, is determined to be a result of
negligence on the part of City.
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 RSD 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 RSD without restrictions or limitations on their
use. When such copies are requested, the RSD agrees to pay the
City its cost of copying and delivering same.
15. Books and Records. The City and all its 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.
16. Delays. That the City shall not be liable for delays
resulting from causes beyond the reasonable control of the City;
that the City has made no warranties, expressed or implied, which
are not expressly set forth in this Contract; and that under no
circumstances will the City be liable for indirect or consequential
damages.
• 17. Notices. All notices required or permitted hereinunder
and required to be in writing may be given by first class mail
addressed to RSD at and City at
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320 E. McCarty Street Jefferson City, Missouri 65101. The date
of delivery of any notice shall be the date falling on the second
full day after the day of its mailing.
18. ,Applicable Law. This Agreement shall be governed by and
interpreted in accordance with the laws of the State of Missouri.
19. Waiver. A waiver on the part of either party of any term,
provision, or condition of this Agreement shall not constitute
precedent, nor bind either party to a waiver of any succeeding
breach of the same or any other term, provision, or condition of
the Agreement.
20. Amendments. Except as elsewhere provided in this
Agreement, this Agreement may be modified only by written amendment
signed by both parties.
21. Independent Contractors. City may contract with
independent contractors to perform any of the obligations under
this Agreement.
22. Other Insurances. RSD shall provide its own insurance
policies covering liability and property damage to equipment owned
by RSD. RSD and City, their agents and employees, shall comply
with all terms and conditions of the insurance policies mentioned,
including reporting of all accidents to RSD, and insurer, and do
all things necessary or proper to protect or preserve each party's
rights in such policies.
Executed this / day of - , 19�.
REGIONAL SEWER DISTRICT
RE X
Z eVED BY:
Byron eirlidkr
CITY OF JEFFERSON
MAYOR
ATTEST:
A .
ity Clerk
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SCHEDULE 1
M - 3 Shagbark Woods M - 14 Monticell Road - Gateway
(Southtown & Crossroads)
M - 4 Rustic Oaks RC - 1 Dove Lake
M - 5 Lakewood RC - 2 Shamrock
M - 7 Stieferman RC - 3 Twehous
M - 8 Rackers RC - 4 Willibrand
M - 11 Cole County RC - 5 Taos
R-11 Schools
M - 13 Grothoff WC - 1 Cedar Valley