HomeMy Public PortalAboutORD10882 BILL NO. 87-79
SPONSORED BY COUNCILMAN BORGMEYER
ORDINANCE NO. 14 1�6 ,2-
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LOGAN DIVING
COMPANY FOR PROFILING THE RIVERBED FORCE MAINS TO INSURE PROPER
FUNCTIONING.
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 a contract with Logan Diving Company for
profiling the riverbed force mains to insure proper functioning
for a sum not to exceed $3,400.00.
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 Approved
Presid Officer Mayor
ATTEST:
City Clerk
SPECIAL CONSULTANT CONTRACT
THIS AGREEMENT, made and entered into this 15 `el day o f
_/��. 1912_, by and between the— City of
Jeffers nd , 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 Logan Diving, Inc. ,
5731 St. Augustine Road, Jacksonville,, Florida 32207 hereinfater
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 6689 of the City Council, of the
City of Jefferson, adopted � 19 F?, to enter into
a contract with the Consultant f r the performances
of services by the Consultant.
Ask 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 its agreed
representatives.
3. All information, data, and reports as are existing,
available and necessary 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 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 four
S4) 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 $3,400.00 for all
services required unless specifically and mutually agreed to in
writing by both the City and Consultant. No change shall be made
dft unless there is a substantial and significant difference between
qp 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 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 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.
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.
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.
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 5731 St. Augustine Road, Jacksonville,
Florida 32207. The date of delivery of any notice shall be the
date failing on the second full day after the day of its mailing.
Executed this 5- day of
CITY OF JEFFERSON, MISSOURI
By
YOR
ATTEST:
di
CITY CLERK
CONSULTANT
By /
UNDERWATER INSPECTION OF PIPELINE
SCOPE OF WORK
GENERAL: This project shall include underwater survey and
inspection of two 24 inch pressure pipelines from Station 0+00 to
Station 17+00 (as shown on last survey) serving the Jefferson
City Water Pollution Control Plant using induced tone locators,
surveying equipment, fathometers, electromagnetic devices or any
other acceptable equipment to provide the information necessary.
The contrctor shall submit a complete report with plan and
profile drawings of his findings noting movement in spans from
previous surveys 175, 177, & 181, broken coatings, flex points,
abrasion areas, foreign metal contacts, and any other damage or
observation which would indicate maintenance needs.
Recommendations and cost estimates for corrective maintenance
must be included in the report.
I . INSPECTION. The inspection shall include but not be limited
to:
1) Review of the construction drawings, previous
hydrographic survey records ( 175, 177, & ' 81 ) and the
files available at the Department of Public Works
2) Horizontal and vertical location
3) Extent of exposed pipe and suspended spans above the
ground lines.
4) Condition of pipe and defects such as breaks,
abrasions, breaks in coating, joint damage or other
abnormalities which would affect the useful life of
the line .
The affects of channel changes, jetty locations, deposits
and scouring shall be related to the pipeline condition.
II . PLAN AND PROFILE DRAWINGS . The plan and profile drawings
shall show the accurate elevation and horizontal position of
the pipe using the datum elevations referenced on previous
inspections. The ' 67, 175 , 177 , & 181 groundlines must be
shown on the same sheets as the present groundline and
pipeline location. The groundline over the pipe and the
exposed pipe shall be referenced to a permanent bench mark
previously established. Any areas where deflects were found
shall also be noted.
III. REPORT. A complete report describing method of survey,
reference points , defects noted, condition of stream bottom
and any other pertinent information obtained during the
® survey shall be submitted to the Department of Public Works .
The report must also include recommendations for coorective
maintenance and cost estimates if applicable .