HomeMy Public PortalAboutORD10677 BILL NO.
SPONSORED BY COUNCILMAN TO .,
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A CONTRACT WITH CH2M-HILL CENTRAL, INC., FOR
ENGINEERING SERVICES PERTAINING TO THE REHABILITATION OF THE GRAVITY
THICKENER.
BE IT ENACTED 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 CH2M-HILL Central, Inc.,
for engineering services pertaining to the rehabilitation of the
gravity thickener for a sum not to exceed $1,800.00.
Section 2. The agreement shall be substantially the same in form
and content as Exhibit A attached hereto.
_Section 3. This Ordinance shall be in full force and effect from
and after the date of its passage and approval.
Passed C 6 Approved
residing OffIcer Imayo 0 r v
ATTEST:
City Clerk
PUT11111,VEMAKM
SPECIAL CONSULTANT CONTRACT
THIS AGREEMENT, made and entered into this 8th day of
July 19 R6 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 Cb?M-H; 1 1 ('_antral
�C,- 19 Maryland 21 aza, St _ r,pili s , MO 63178 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 l06 ?? of the City Council, of the
City of Jefferson, adopted .71ly 8 , 19 8r,
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 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 , etc. ) and shall be
accepted and countersigned by the Consultant or its ( its, her,
his ) agreed representatives .
3. All information, data, and reports as are existing,
available and necessry 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; its , her, his ) 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 the City except as employees of
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 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 $ 1, 800
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.
8. If, through any cause, the Consultant shall fail to
fulfill in timely and proper manner its( its, her, 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.
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.
12 . The Consultant is an independent contractor and nothing
contained herein shall constitute or designate the Consultant or
any of itkits, her, his j agents or employees as agents or
employees of the City.
3.3. 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 mutually 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 .
he Consultant shall defend, indemnify, and hold
City from and against all claims s, and
liabilities arl-s-i-n-T-o"t--Qf—person uries , including
death, and damage to y e caused by the
Consultant . . g out of or in any way conn ' th
t ntract.
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 .
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 8±h day of Tt,]y 19
CITY OF JEFFERSON, MISSOURI
By
01 r-��z
MA PR
ATTEST:
CITY CLERK
CONSULTANT
CH2M HILL CENTRAL, INC.
By �3 .
Area Manaaer