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HomeMy Public PortalAboutORD09432 I 7 I (BILL NO.� f 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 'r Attest: Clerk ;h 1. ii • • Q' ' 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: s: 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. is •�f `t 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 . -2- . 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 . -3- ,r 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 . i PART E - COMPENSATION: t 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' , J. through no' fault of the CONSULTANT. . t 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 -4- s. 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 : b1. �`^" 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 . -S- 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. 6 - X 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 r4 Title f>;r d- GRO ER $ PICKER, INC . L1 By t. 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 <.. elk (SEAL) This Contract is approved as to for and le ity. y 7Utorney -7-