HomeMy Public PortalAboutORD09432 I
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(BILL NO.�
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INTRODUCED BY COUNCILMAN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK OF THE CITY TO EXECUTE AN AGREEMENT FOR
'- PROFESSIONAL ENGINEERING SERVICES WITH GRONER & PICKER, INC. ,
JEFFERSON CITY, MISSOURI,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The Mayor and Clerk of the City are hereby
authorized and directed, for and in the name of the City, to
} execute an Agreement for Professional Engineering Services with
Groner & Picker Inc. Jefferson City, Missouri for the Pump
,!. 'Station on Meadow Lake Drive, in the total amount not to exceed
$3,700.00.
Section 2. A copy of said Agreement is attached hereto.
Section 3. This ordinance shall take effect and be in force
from and after the date of its passage and approval.
Pas s ed ra2� Approved 3 fl
eZ /94
resi ent of the C uncil Mayor
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Attest:
Clerk
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' AGREEMENT FOR PROFESSIONAL ENGINEERING
SERVICES
(Pump Station - Meadow Lake Drive) '
THIS CONTRACT, hereinafter called the "AGREEMENT, " made at . -
Jefferson City, Missouri , this day of ,
by and between the CITY , a municipal
corporation with offices at 240 East High Street , Jefferson City,
Missouri , 65101 , hereinafter called the "CITY" and GRONER & PICKER,
INC. , Consulting Engineers , 700 Eastland Drive , Jefferson City,
Missouri 65101 , hereinafter called the "CONSULTANT. "
WITNESSETH, that whereas the City of Jefferson desires to proceed
with a proposed sewage 'lift station with appurtenances to serve
Southridge and Meadow Lake Drive Area hereinafter called the
"PROJECT, "
AND WHEREAS the CITY is authorized and empowered to contract with
the CONSULTANT for engineering services for design of the PROJECT,
AND WHEREAS necessary funds for payment of said services are
available,
NOW THEREFORE, the CITY hereby hires and employes the CONSULTANT
in accordance with the following AGREEMENT:
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PART A - PRELIMINARY DESIGN LAYOUTS :
' A-1 General : The CONSULTANT will prepare the preliminary
design layout for the PROJECT and submit it to the CITY for its approval .
The layout will show the general nature of the proposed improvement
and will include sizing of the lift station, pumps , force main and
holding system if necessary, design criteria and complete site plan.
A-2 Design Standards : The latest editions and revisions of
speci ications and requirements of the ' Department of Natural Resources
t" will be used.
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Applicable standard plans and specifications and street and drive-
way entrance ordinances and regulations of the CITY will be considered.-
' T B - DETAIL PLANS SPECIFICATIONS AND ESTIMATES :
B-1 General : The CONSULTANT will prepare the detail plans ,
specifi atio� ns and estimates so that the CITY may take bids on the
PROJECT. The plans shall generally include a title sheet , site plan,
foundation and footing plans , substructure plans and superstructure
plans (elevations , sections , and detail sheets) . This shall include
all mechanical , electrical and drainage plans as required to build the
facility. All plans will be on standard size sheets , 22" x 36" ,"mylar"
or similar base material . Line work and lettering on sheets will be
a combination of ink, plastic lead or pencil .
B-2 Structures : All structures will be drawn in sufficient
detail or construction, however , reinforcing bar schedules and shop
details are not included in the AGREEMENT.
B-3 Utilities : The CONSULTANT will perform the following services
in connection witS utilities :
(1) Show all utilities of record on the plans . Shown names
and addresses of utility agencies on the plans .
(2) Design and detail on the plans any necessary relocations
or adjustments of the City of Jefferson 's sanitary sewer
facilities .
(3) Confer and cooperate with utility agencies concerning
necessary adjustment or relocation of- their facilities .
B-4 Specifications : The CONSULTANT will prepare technical specifi-
cations making reference to appropriate standard specifications , as
required for bidding, contract award and construction of the PROJECT,
to include but not be limited to the following items : lift station
(structural , architectural , and miscellaneous) , electrical , mechanical ,
and force main.
B-5 Engineer ' s Estimate : The CONSULTANT will compute all
quantities required for the PROJECT and prepare an Engineer 's Estimate
of construction cost based on the final approved detail plans , using
current unit prices .
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B-8 Number of Copies : During the development of plans , the
a' CONSU TTW will provide the number of copies of completed or partially
ch,pleted PROJECT plans , specifications and reports as required by
proving authorities , utilities , subcontractors and the CONSULTANT
or the proper prosecution of their respective responsibilities in
connection with the PROJECT. Upon approval of plans and specifications
the CONSULTANT will furnish the CITY with the original plans and
technical specifications for taking bids and use during construction.
PART C - ASSISTANCE IN AWARD OF CONSTRUCTION CONTRACT :
When requested by the CITY, the CONSULTANT will notify responsi-
ble contractors of the proposed work and distribute plans , specifica-
tions and other proposed contract documents to all contractors
requesting them. The CONSULTANT will assist the CITY in evaluating
bids , will make recommendations on construction contract award , and
will assist in obtaining approval to award contract . The CONSULTANT
will assist the CITY in preparing construction contracts .
PART D - TIME SCHEDULES AND PROGRESS REPORTS :
The CONSULTANT will begin work under this AGREEMENT within ten
(10) calendar days after receipt of written notice to proceed by
the CITY.
The CONSULTANT will furnish Preliminary Design Layout for
approval within twenty (20) calendar days after receipt of notice
to proceed.
The CONSULTANT will complete detail plans , specifications and
estimates within thirty (30) calendar days after approval of preliminary
design layout .
It is understood that certain parts of the work cannot begin
until previous parts have been approved by the approving authorities .
However, where feasible and practicable , some parts will be carried
on simultaneously with the intent of completing the work under this
AGREEMENT efficiently and effectively at the earliest possible date.
It is agreed that time is of the essence, and the CONSULTANT
shall submit to the CITY monthly a Progress Report. , It shall include
scheduled periods for each of the elements into which the CONSULTANT'S
work is divided. Each work element shall be assigned a percentage of
the total work upon which progress can be computed . The total percen-
tage complete shall be shown. The scheduled periods shall also include
time allowance for review and approvals by the approving authorities .
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K` The CITY will
grant the CONS(II,TANT extensions of time for
delays recognized by the CITY as unavoidable , provided that such
y` tensions of time shall be requested in writing by the CONSULTANT,
Qating fully the reasons for such requests .
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PART E - COMPENSATION:
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E-1 Method of Compensation : Compensation for the services
herein e ore cescri e stall to on the basis of a lump sum amount
of Three Thousand Seven Hundred Dollars ($3700) to the CONSULTANT.
E-2 Supplemental Agreements : Compensation For major changes
4''Y in scope , character or complexity of the work , for undue delay of
the PROJECT through no fault of the CONSUL'T'ANT, shall be by supplemental
agreements . Said supplemental agreements may provide for changes
in compensation and for equitable adjustments , either upward or
: :. downward, lump sum amount . Supplemental agreements shall be signed
by the CITY and CONSULTANT and shall receive COUNCIL approval prior to authorization to proceed with any work covered thereby.
Undue delay is defined as that caused by substantially greater
than normal time requirements for approval by the approving authorities
-:: or temporary suspension by the CITY of the work under this AGRIiI:P�EN'T' ,
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through no' fault of the CONSULTANT. .
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E-3 Method of Payment: Upon receipt, review and approval of
properly documented statements the CITY will make monthly payments
to the CONSULTANT in accordance with the compensation as specified
in this AGREEMENT. A retainage equal to ten (10%) percent of the
completed amount shall' be withheld pending final approval.
If the work is suspended or unduly delayed through no fault of
the CONSULTANT, retainage withheld shall be released ' to the CONSULTANT
within sixty (60) calendar days thereafter.
E-4 Payment Schedule : Payment for work performed shall be- as
follows :
1. Preliminary Design Phase 25%
2. Final Plans , Specifications and Estimate 70%
3. Bidding and Contract Phase 80%
4. Final Approval Construction 1000
Total Amount to be Paid $3700
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PART F - CONSULTANT'S ENDORSEMENT:
The CONSULTANT will endorse all Plans , Specifications , payment
stimates and engineering data furnished by him.
PART G - OBLIGATIONS OF CITY :
The City, at its own expense will provide the following :
(1) Make available to the CONSULTANT all existing
records , maps , plans and other date possessed by
CITY when such are necessary, advisable or helpful
to the CONSULTANT in the prosecution of its work
under this AGREEMENT.
(Z) Furnish all necessary ownership data.
(3) A legal survey and property line drawing of
the proposed site .
(4) Furnish necessary subsurface explorations and tests .
PART H - OWNERSHIP OF DOCUMENTS :
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s;4f Tracing, plans , specifications , and maps prepared or obtained
alder 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
k data prepared 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.
If the CITY incorporates any portion of the CONSULTANT' S work
into any other project than that for which the work was performed,
the CITY shall save the CONSULTANT harmless from any claims or
liabilities resulting from such action.
PART I SUBLETTING, ASSIGNMENT OR TRANSFER:
The CONSULTANT shall not sublet, assign or transfer any interest
in the work covered by this AGREEMENT except with the prior written
consent of the CITY. The use of sbucontractors shall in no way
relieve the CONSULTANT from his primary responsibility for the perfor-
mance of the work.
No approval will be necessary for non-professional services such
4s reproductions , printing, materials , and other services normally
performed or provided by others .
PART J - INSPECTIONS, CONFERENCES AND APPROVALS :
Representatives of the CITY shall have the privilege of inspecting
and reviewing the work being done by the CONSULTANT and advising with
him at any time. Conferences are to be held at the request of any of
the above named parties .
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PART K - RESPONSIBILITY FOR CLAIMS AND LIABILITY:
The CONSULTANT shall indemnify and save harmless the CITY
Aq f all claims or suits made or brought for injury to persons or
p erty caused by the negligent acts of the CONSULTANT, its agents ,
emp oyees or subcontractors in the execution of the work.
The cost of any insurance policies to meet this specific
requirement , if not normally carried by the CONSULTANT or its subcon-
tractors , will be considered as a direct non-salary cost which is
properly allocable to this PROJECT for compensation.
PART L - DISPUTES AND REMEDIES :
Except as this agreement otherwise provides , all claims ,
counterclaims , disputes and other matters in question between the
owner and the engineer arising out of or relating to this agreement
or the breach of it will be decided by arbitration if the parties
whereto mutually agree , or in a court of competent jurisdiction within
the State in which the owner is located.
PART M - TERMINATION OF THE AGREEMENT:
The CITY may cancel this AGREEMENT or any part thereof at
an time by giving written notice to the CONSULTANT at least fifteen
( calendar days prior to the effective date of the termination.'
Th CONSULTANT shall be paid for the value of all acceptable work per-
formed prior to the effective date of termination based on the payment
terms of the AGREEMENT. Payment shall not exceed the total amount
encumbered under this AGREEMENT, except as may have been previously
amended in accordance with supplemental agreements .
It is not contemplated that the CONSULTANT shall have any
right of termination other than for such cause as has been established
as sufficient at law.
PART N - COMPLIANCE WITH LAWS :
The CONSULTANT shall comply with all Federal, State and local
laws , ordinance and regulations applicable to the work. He shall secure
all licenses , permits , etc. , from public and private sources necessary
for the fulfillment of his obligations under this AGREEMENT.
PART 0 - COMMISSIONS AND FEES :
The CONSULTANT warrants that he has not employed or retained
ar company or person , other than a bona fide employee working solely
fWthe CONSULTANT, to solicit or secure this AGREEMENT , and that he
has not paid or agreed to pay any company or person, other than a bona
fide employee working solely for the CONSULTANT, any fee, commission,
percentage , brokerage fee , gifts , or any other consideration, contingent
upon or resulting from the award or making of this AGREEMENT. For
breach or violation of this warranty, the CITY shall have the right to
annul this AGREEMENT without liability, or, in its discretion, to
deduct from the AGREEMENT price or consideration, or otherwise recover
the full amount of such fee, commission, percentage , brokerage fee ,
gifts , or contingent fee.
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PART P - ACCESS TO RECORDS:
' The CONSULTANT and all his subcontractors shall maintain all
oks , documents , papers , accounting records and other evidence per-
ac,ining to costs .incurred in connection with this AGREEMENT, and shall
make such materials available at their respective offices at all reason-
able times during the AGREEMENT period and for three (3) years from the
date of final payment under this AGREEMENT for inspection by the CITY
and copies thereof shall be furnished, upon request . If copies are
requested the CITY shall pay the CONSULTANT the cost of making such
, J copies.
< ' PART Q - ENCUMBRANCE:
The total amount encumbered under this AGREEMENT is
Three Thousand Seven Hundred Dollars ($3700)
and the CITY may authorize up to this amount without prior approval
of the Mayor and City Council .
IN WITNESS WHEREOF, the parties hereto have caused this AGREE-
MENT to be executed as of the day and year first above written.
CITY OF JEFFERSON, MISSOURI
By
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Title
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GRO ER $ PICKER, INC .
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By
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Title
I hereby certify that the execution of this AGREEMENT has been
duly authorized by the City Council of the City of Jefferson Missouri ,
by the pas s 4 g e of Ordinance No. 9 -413A on the day
of , 19
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(SEAL)
This Contract is approved as to for and le ity.
y 7Utorney
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