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HomeMy Public PortalAboutORD10242 BILL NO. -7 � r" SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH CENTRAL MISSOURI PROFESSIONAL SERVICES, INC. FOR THE PERFORMANCE OF PROFESSIONAL ENGINEERING SERVICES CONNECTED WITH SANITARY SEWAGE PROJECTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with Central Missouri Professional Services , Inc. for the performance of professional engineering services connected with sanitary sewage projects for a sum not exceeding $6, 500. Section 2 . The contract shall be substantially the same in form and content as that contract 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 �" �" �y Approved f— W-- � esid' g Officer or ATTEST: • SPECIAL CONSULTANT CONTRACT THIS _AGREEMENT, made and entered into this day of 19 by and between the City of Jefferson, a muhictfpal corpor t on of the State of Missouri, hereinafter referred to as the "City" with offices at 320 E. McCarty, Jefferson City, Missouri, and Central Missouri Professional Services, Inc. , hereinafter referred to as the "Consultant" . WITNESSETH: THAT, WHEREAS, the City of Jefferson desires to engage the Consultant to render certain technical and professional services hereafter described in connection with a project more particularly described in Exhibit A; and 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 and is authorized by Ordinance / „2q L- of the City Council, of the City of Jefferson, adopted 19 to enter into a contract with the Consultant fcVr the performances 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. The City agrees to engage the services of the Consultant to perform the services hereinafter set forth in connection with projects described in Exhibit A. 2. 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 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 Consultant or his agreed representatives . 3. All information, data, and reports as are existing, available and necessary for the carrying out of the work, shall J be furnished to the Consultant without charge by the City, and the City shall cooperate with the Consultant in every reasonable way possible in carrying out the scope of services . 4 . The Consultant represents that Consultant has or will secure at his own expense, all personnel required to perform the services called for under this contract by Consultant . All of the services required hereunder will be performed by the Consultant or under 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 . - 2 - None of the work or services covered by this contract shall be subcontracted without the written approval of the City. 5. The services of the Consultant shall commence within ten (10) days of written notice to proceed after the execution of this contract and shall be undertaken and compelted 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 (12) consecutive weeks from the final date of execution of this contract. 6. 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. 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 $6500.00 for all services required unless specifically and mutually agreed to in writing by both the City and Consultant. 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. 7. The City will pay the Consultant in accordance with the rate set forth in Exhibit A, which shall constitute full and complete compensation for the Consultant services hereunder. Such compensation will be paid in progress payments, as established by the City, subject to receipt of a requisition for payment and a statement of services rendered from the Consultant that the Consultant fully performed with work to be paid for in such progress payments in conformance with the contract. 8. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner his 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 specifying the effective date thereof, at least five ( 5) days before the effective day of such termination. City or Consultant may without cause terminate this contract upon 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 Consultant under this contract shall, at the option of the City, become its property, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials . Notwithstanding the above, the Consultant 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 Consultant . 3 a 9. 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. Provided, however, that claims for money due or to become due to the Consultant from the City under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished in writing promptly to the City. 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. 10. 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. 11. The Consultant 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 Consultant or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 12. The Consultant is an independent contractor and nothing contained herein shall constitute or designate the Consultant or any of his agents or employees as agents or employees of the City. 13. 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. 14 . The parties rqutually 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'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 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 4 - Consultant arising out of or in any way connected with this contract . Consultant further agrees to defend, indemnify, and hold the City harmless from and against any claims, losses and liabilities arising out of the award of this contract to the Consultant . 15. OWNERSHIP OF DOCUMENTS - Tracing, plans , specifications, and maps prepared or obtained under the terms of this AGREEMENT 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 or obtained under this AGREEMENT shall be made available upon request, to the CITY without restriction or limitation on their use. When such copies are requested, CITY agrees to pay CONSULTANT its cost of copying and delivering same. 16. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to City at 320 E. McCarty, Jefferson City, Missouri 65101, and Consultant at ZSeo 9. The date of delivery of any notice shall be the date fallingibn the second full day after the day of its mailing. /1 Executed this day of � 19�. CITY OF JEFFERSON, MISSOURI By y MAYOR ATTEST: CITY CLERK CONSUL NT By ` ATTEST: ® LOUIS H. VETTER, SEC.-TREAS. EXHIBIT "A" Professional Services for Design of North Ten Miie Grays Creek Extension. Scope of Work 1. Physical survey and layout of gravity sanitary sewers for City of Jefferson, to serve area along North Ten Mile Drive where the Cole County RSD is to construct a gravity line and pump station outside City Limits. Design to include approximately 2600 lineal feet designated as "Line A" on the attached sketch. Also to be included will be the design of approximately 1600 feet of S" gravity sewer from the existing City pump station serving Lincoln Manor to the proposed county pump station, approximately 1600 feet in length. 2. Coordinate design, layout and survey with the County RSD consultant Russell and Axon to ensure a well engineered and functional facility. 3. Submit 15 copies and original reproducible drawing, 15' copies of bid specifications and documents for lines A and B. 4. Investigate and layout most efficient routing for the force main from the proposed pump station to a discharge manhole on the City's existing system. S. Develop and present cost estimates for the construction of . the designed improvements to include property owner share, City cost and any County cost associated. 6. Provide all legal descriptions for sites needed, easement descriptions and obtain legal easements and deeds from property owners to accomodate construction. The City. to pay all costs. of. land and easements, if necessary, with agreed maximum. Compensation All above work to be performed on an actual cost not-to- exceed basis according to the attached rate schedule. Maximum amount for all above services not to exceed $6500.00. Payments to be made monthly upon receipt of billing. - CENTRAL MISSOURI PROFESSIONAL SERVICES, INC. ENGINEERING AND SURVEYING J TEST DRILLING TELEPHONE (314)834-345! 2500 EAST MC CARTY JEFFERSON CITY, MISSOURI 65101 HOURLY RATES AND MATERIAL COSTS EFFECTIVE JANUARY 1, 1984 Party Chief - Office Time ---------------------------------------- $26.00/hour Registered Engineer --------------------------------------------- 38.00/hour Registered Land Surveyor ---------------------------------------- 30.00/hour Design Engineer ------------------------------------------------- 30.00/hour Drafting b Computations ----------------------------------------- 24.00/hour Clerical ------------------------------------------------------- 12.00/hour Research ----------------------------------------------------- 25.00/hour Labor (skilled) ------------------------------------------------- 18.00/hour Labor (common) -------------------------------------------------- 15.00/hour 2 man crew ---------------------------------------------------- 41.00/hour 3 man crew ----------------------------------------------------- 54.00/hour 4 man crew ----------------------------------------------------- 60.00/hour Distomat -------------------------------------------------------- ll.UO/hour Drill Rig w/one man --------------------------------------------- 36.00/hour Drill Rig w/two men --------------------------------------------- 45.OD/hour Drill Rig without any personnel --------------------------------- 30.00/hour Soil Testing (1 man w/nuclear tester) (plus $7.50 per test) ----- 23.50/hour 310 Backhoe -------------------------------------------------- 37.50/hour 410 Backhoe --------------------------------------------------- 40.00/hour 510 Backhoe --------•--------------------------------------------- 45.00/hour JD555 Loader (Hy-Lift) ------------------------------------------ 45.00/hour Dump Truck w/opr. hauling dirt, chat, sand, base rock ----------- 35.00/hour Dump Truck no/opr. hauling dirt, chat, sand, base rock ---------- 22.00/hour Dump Truck w/opr. hauling shot rock, snow ----------------------- 40.00/hour .Dump Truck no/opr. hauling shot rock, snow ---------------------- 27.00/hour Prints 24" x 36-- ------------------------------------------------ 2.00/each Larger sizes --------------------------------------------------- 3.00/each 8-1/2" x 11" or 8-1/2" x 14" copies ----------------------------- .10/each Laths ----------------------------------------------------------- .35/each Hubs ----------------------------------------------------------- .25/each Iron Pins ------------------------------------------------------- 1.00/each Flats ------------------------------------------------------ .25/each Fliks ----------------------------------------------------------- .10/each Mileage -------------------------------------------------------- .40/mile Computer (in our back room w/plotter, printer and operator) ----- 35.00/hour Kelsh Plotter I w/opr. ----------------------------------------- 28.00/hour Kelsh Plotter II w/opr. ----------------------------------------- 33.00/hour Lodging (per night, per man) ------------------------------------ 25.00/each Meals (per day, per man) ---------------------------------------- 16.00/each NOTE: 1. On all out of town jobs (jobs requiring overnight lodging) the client shall pay for all lost time due to rain, snow, or other adverse conditions as well as all travel time. 2. When a client requests we work overtime, client shall be charged 1-1/2 times the above hourly rates. (If C.M.P.S. chooses to work overtime, client shall not be charged for overtime.)