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HomeMy Public PortalAboutORD10375 BILL NO. 0 SPONSORED BY COUNCILMAN ORDINANCE NO. Q r AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH HORNER AND SHIFRIN, INC. , FOR DESIGN OF THE CHESTNUT STREET INTERCEPTOR TO ELIMINATE THE CHESTNUT STREET PUMPING STATION. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Jefferson are hereby authorized to execute a contract with Horner and Shifrin, Inc. , for the design of the Chestnut Street Interceptor for a sum not to exceed $8200 .00. Section 2. The contract shall be substantially the same in form and content as 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. Passage. �� -- - Approved Pr sid' g ff icer y r ATTEST: O" Cit Clerk WINE • l�corm 416 SPECIAL CONSULTANT CONTRACT T AGR EMENT, made and entered into this day of t- 1985 by and between 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, and HORNER & SHIFRIN, INC. DESIGN ENGINEERS & ARCHITECTS 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 acas.epted said proposal _.and ...-- is authorized by Ordinance D 7 of the City Council, of the 4 City of Jefferson, adopted 19 'r to enter into a contract- with -the Consultant for 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 doep 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 he- ac:cupted and countersigned by the Consultant or its agreed representatives. 3. All information, data, and reports as are existing, available and necessray 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 . 4 . The Consultant represents that Consultant has or will secure at its own expense, all personnel required to perform the services called for under this contract by Consultant . Such personnel shall not be employees of or have any contractual relationship with tine City except as employees of -1 - 12111 J! MEMO= the 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. 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 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 8 services required hereunder shall be completed within 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 S 8200.00 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. The final payment will be 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. r 8. 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 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 r of liability to the City for damages sustained by the City by virtue of any such breach of the contract by the Consultant.It 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. 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. r 12. The Consultant is an independent contractor and nothing contained herein shall constitute or designate the Consultant or any of its 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. r 14 . The parties mutually agree to the followings 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 Consultant arising out of or in any way connected with this contract. -3- } 15. 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 -5200 OAKLAND AVENUE SLUM.& MISSOURI 63110 • The date of delivery of any notice shall be the date falling on the second full day after the day of its mailing. Executed this day of 19 _. ���'� CITY OF JEFFERSON, MISSOURI . By MAYOR ATTESTS CITY CLERK CONSULTANT ' By ATTEST: ` SECRETARY -4- e 7 EXHIBIT A Scope of Services 1. Survey of existing sewers and surveys for proposed construction. 2. Determine plan to construct new sewers to eliminate the need for the Chestnut Street Pump Station. 3. Prepare plans and specs for new sewers. 4. Contact Mo Pac RR with regard to permit to construct sewer line. S. No property surveys, easement preparation or review of bar screen installation to be prepared by State of Missouri is included in this Scope of Services. Terms of Payment The Owner will pay the Engineer- in--accordahce with the provisions of this Section. The Engineer will submit periodic statements not more frequently than once a month requesting payment. Such statements shall be based upon the amount and value of services provided and expenses incurred by the Engineer to the date of the statement and shall be supplemented or accompanied by such supporting data as may be required by the Owner. Upon the Owner's approval of each statement, the Owner shall make payment to the Engineer as soon as practicable. After thirty days, unpaid statements shall be considered to be delinquent. If the Owner fails to make payments due to the Engineer for services and expenses within sixty days after receipt of the Engineer's statment, the t. araounts due the Engineer shall include a charge at the rate of 1.0 percent per month from the thirtieth day after the billing date and in addition, the Engineer may, after giving seven days' written notice to the Owner, suspend services under this Agreement until he has been paid in full all amounts due him for services and expenses. Payment for the professional services as defined in this Exhibit A shall be made to the Engineer by the Owner on the following basis: Charges for services shall be the sum of charges for labor plus out-of-pocket expenses. Charges for labor shall be defined as the Engineer's standard salary costs (direct labor plus labor overhead) times 2.0 to cover administrative overhead and profit. Out-of-pocket expenses shall include actual cost for travel expenses outside the St. Louis Metropolitan area, toll telephone calls, subsistence, AM printing, reproduction costs, and other direct costs of the Engineer other than labor times a multiplier of 1.05.