HomeMy Public PortalAboutORD09797 i
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BILL NO.
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11INTRODUCED BY COUNCILMAN
PROM
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�'ORDINANCE NO. 97
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AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND
!DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE, ON BEHALF OF THE i
�ICITY, A CONTRACT WITH GRONER & PICKER, INC. FOR ENGINEERING
11SERVICES FOR THE HAAF DRIVE AND GREENTREE ROAD AREA SANITARY
SEWER LIFT STATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
�IMISSOURI, AS FOLLOWS:
SECTION 1. The Mayor and City Clerk of the City of
� y
Jefferson, Missouri , are hereby authorized and directed, for and
�lin the name of the City, to execute a written contract with
( Groner & Picker, Inc. , relating to engineering services for the
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Haaf Drive and Greentree Road area sanitary sewer lift station,
, said contract to be substantially the same in form and content
i
as the contract attached hereto and by reference made a part
hereof.
SECTION 2 . This ordinance shall take effect and be in
full force from and after its passage and approval.
Passed 17. 17Y.2— Approved
esi nt o t e C ncil Mayor
ATTEST:
City Clerk
h �
AGREEMENT FOR PROFESSIONAL ENGINEERING
SERVICES
(Pump Station - Haaf Drive & Greentree Road Area)
THIS CONTRACT, hereinafter called the "AGREI1MENT", made at
Jefferson City, Missouri , this jq4- _ day of
by and between the CITY OF JEFFERSON, M r SOURI , a municipal
corporation with offices at 290 East High Street , Jefferson City,
Missouri , 65101, hereinafter called the "CITY" and
hereinafter called the "CONSULTANT" .
WITNESSETH, that whereas the City of Jefferson desires to proceed
with a proposed sewage lift station with appurtenances to serve
Haaf Drive and Greentree Road 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
accordance with the following AGREEMENT:
PART A - PRELIMINARY DESIGN LAYOUTS :
A-1 General : The CONSULTANT will prepare the preliminary
design layout for the PROJECT and submit it Lto 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
specifications and requirements of the Department of Natural Resources
will be used.
Applicable standard plans and specifications and street and driveway
entrance ordinances and regulations of the CITY will be considered.
PART B - DETAIL PLANS, SPECIFICATIONS AND ESTIMATES:
B-1 General : The CONSULTANT will prepare the detail plans, —
specifications and estimates so that the CITY may take bids on the
PROJECT. The plans shall generally include a title sheet , site plan,
0 oundation and footing plans, substructure plans and superstructure
Tans (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 3611, "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 for 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 .with 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.
B-6 Number of Copies : During the development of plans , the
CONSULTANT will provide the number of copies of completed or partially
completed PROJECT plans , specifications and reports as required by
approving authorities , utilities, subcontractors and the CONSULTANT
for the proper prosecution of their respective responsibilities in
nection with the PROJECT. Upon approval of plans and specifications
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 C014STRUCTION CON'T'RACT:
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 - CONTRACT ADMINISTRATION:
( I ) Progress Inspection. The CONSULTANT shall make periodic progress
inspections to assure proper construction methods and techniques
in accordance with the contract documents .
( II) Conferences. The CONSULTANT shall attend prebid and preconstruction
conferences and assist the City in scheduling of progress meeting
and other job conferences as required.
(III)Review of Shop Drawings and Equipment . The CONSULTANT shall review
shop drawings and proposed mechanical and electrical equipment
_specifications to assure compliance with technical specifications.
(IV) Payment Estimates. The CONSULTANT will sign off for approval on
all pay estimates.
(V) Completion. After completion of work the CONSULTANT will issue a
certificate of final inspection indicating substantial compliance
with contract document .
PART E - 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.
a
a The CONSULTANT will complete detail plans, specifications and
' estimates within thirty (30) calendar days after approval of prelim-
inary design layout .
It is understood that certain parts of the work cannot begin
Wuntil 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
a time allowance for review and approvals by the approving authorities.
The CITY will grant the CONSULTANT extensions of time for delays
recongnized by the CITY as unavoidable, provided that such extensions of
time shall be requested in writing by the CONSULTANT, stating fully
the reasons for such requests.
PART F - COMPENSATION:
Aft F-1 Method of Compensation : Compensation for the services herein-
efore described shall be on the basis of a lump sum amount of
Six Thousand and No/100 Dollars ($6 ,000. 00):------------•to the CONSULTANT.
F-L Supplemental Agreements: Compensation for major changes in
scope, character or complexity of the work, for undue delay' of the
PROJECT through no fault of the CONSULTANT, shall be by supplemental
agreements. Said supplemental agreements may provide for changes in
compensation and for the equitable adjustments , either upward or down-
ward, lump sum amount . Supplemental agreements shall be signed by the
CITY and CONSULTANT and shall receive COUNCIL approval prior to author-
ization 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 AGREEMENT, if
through no fault of the CONSULTANT.
F-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 (l0%) percent of the r
completed amount shall be withheld pending final approval.
If the work is suspended or unduly delayed through no fault of
he CONSULTANT, retainage withheld shall be released to the CONSULTANT
within sixty (60) calendar days thereafter.
F-4 Payment Schedule: Payment for work performed shall be as
follows :
1. Preliminary Design Phase 25r.
2. Final Plans, Specifications and Estimate 70%
3. Bidding and Contract Phase 80%
4. Final Approval Construction 100;
Total Amount to be Paid
PART .G CONSULTANT' S ENDORSEMENT: _
The CONSULTANT will endorse all Plans, Specifications, payment
estimates and engineering data furnished by him. .
IDART H - 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 data possessed by CITY
when such are necessary, advisable or helpful to the
CONSULTANT in the prosecution .of its work under this
AGREEMENT.
(2) Furnish all necessary ownership data.
(3) A legal survey and property line drawing of the proposed
site.
(4) Furnish necessary subsurface explorations and tests.
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PART 1 - OWNERSHIP OF DOCUMENTS:
Tracing, plans, specifications, and maps prepared or obtained
under 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 data prepared or obtained under this AGREEMENT shall be made
available, upon request , to the CITY without restriction or limita-
tion 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 J - 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 subcontracto-Is shall in no way
relieve the CONSULTANT from his primary responsibility for the perfor-
nce of the work.
No approval will be necessary for non-professional services such
as reproductions, printing, materials, and other services normally
performed or provided by others:
PART K - 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.
PART L - RESPONSIBILITY FOR CLAIMS AND LIABILITY:
The CONSULTANT shall indemnify and save harmless the CITY from all
claims or suits made or brought for injury to persons or property
caused by the negligent acts of the CONSULTANT, its agents, employees
or subcontractors in the execution of the work.
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PART Al - 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 N - TERMINATION OF THE AGREEMENT:
The CITY may cancel this AGREEMENT or any part thereof at
any time by giving written notice to the CONSULTANT at least fifteen
(15) calendar days prior to the effective date of the termination.
The 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 0 - COMPLIANCE WITH LAWS:
The CONSULTANT shall comply with all Federal , State and Local
Raws, ordinance and regulations applicable to the work. He shall
ecure all licenses, permits, etc. , from public and private sources
necessary for the fulfillment of his obligations under this AGREEMENT.
PART P - COMMISSIONS AND FEES:
The CONSULTANT warrants that he has not employed or retained any
company or person, other than a bona fide employee working solely for
the 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.
PART 4 -ACCESS TO RECORDS :
The CONSULTANT and all his subcontractors shall maintain all
books, documents , papers, accounting records and other evidence per-
taining to costs incurred in connection with this AGREEMENT, and shall
make such materials available at their respective offices at all
reasonable times during the AGREEMENT period and for three (3) years
m the date of final payment under this AGREEMENT for inspection by
Me CITY and copies thereof shall be furnished , upon request . If
copies are requested the CITY shall pay the CONSULTANT the cost of
making such copies.
PART R - ENCUMBRANCE:
The total amount encumbered under this AGREEMENT is
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 AGREEMENT
to be executed as of the day and year first above written.
CITY OF JEFFERSON, MISSOURI
By
Title
GRO PI , INOOQQRPORATED
By
Tit 1 e
-I hereby certify that the execution of this AGREEMENT has been
duly authorized by the City Council of the City of JeffeL[�son, Missouri ,
by the assage of Ordinance No. Ct J 97 on the 7 day
of ,s !9M
C itly Clerk
(SEAL) '
This Contract is approved as to form and legality.
_/o
City