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HomeMy Public PortalAboutORD09943 BILL NO. SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH BURNS AND McDONNELL ENGINEERING COMPANY, INC. , FOR A REVENUE BOND FEASIBILITY STUDY. 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 to execute a contract with Burns and McDonnell Engineering Company, Inc. , for a study of the long range capital financial needs of the sanitary sewer system. Section 2. The contract shall be substantially the same in form and content as the contract attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. Passed 3 --7 - 53 Approved Or04 0 - d residin fficer Mayor ATTEST : OX14d.Z City Clerk e • AGREEMENT • FOR PROFESSIONAL ENGINEERING SERVICES Between ® CITY OF JEFFERSON, MISSOURI and BURNS & McDONNELL ENGINEERING COMPANY, INC. KANSAS CITY, MISSOURI THIS AGREEMENT made as of 3 -7- , 1983, by and between the City of Jefferson, Missouri (hereinafter called OWNER) and Burns & McDonnell Engineering Company, Inc. , a Missouri corporation specializing in consulting engineering services (hereinafter called ENGINEER) . OWNER from time to time requires professional engineering services in connection with the planning, design, construction, operation, maintenance, management ' and financing of various projects required to serve the OWNER'S facilities. Therefore, OWNER and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as OWNER'S professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to OWNER during the performance of his services. All services shall be performed under the direction of a professional engineer registered in the State of Missouri and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES Services on any assignment shall be limited to, and undertaken only upon written Authorization of OWNER and agreement of ENGINEER. SECTION 2 - BASIC SERVICES OF ENGINEER The Scope of Service to be performed shall be the same as contained in Attachment A. SECTION 3 - PERIOD OF SERVICE 3.1 This Agreement will become effective upon the first written notice by OWNER authorizing services hereunder. 3,2 This Agreement shall be applicable to all assignments authorized by OWNER and Accepted by ENGINEER subsequent to the date of its execution and shall be effective as to all assignments authorized prior to the expiration date. The expiration date of this Agreement shall be December 31 , 1983. All assignments authorized prior to the expiration date, even if to be performed in whole or in part lignim subsequent to the expiration date shall be governed by the terms and conditions of this Agreement. At the expiration date, upon mutual agreement of the parties hereto, this Agreement may be extended, renegotiated, or terminated. Such extension, renegotiation, or termination • shall not have any effect upon assignments authorized prior to the expiration date. SECTION 4 - PAYMENTS TO ENGINEER 4.1 Amount of Payment For providing services as herein described, OWNER shall pay ENGINEER the sum of $15,000, which includes $500 for bond counseling services by Charles and Travernicht, St. Louis, Missouri. 4.2 Method of Billing ENGINEER will submit a statement for 50% of the Contract Price when the project is 50% complete. A statement for the balance will be submitted when the project has been completed. 4.3 Time of Payment 4.3.1 Statements shall be due 30 days after date of submittal. 4.3.2 Any unsettled claims pertaining to additional services shall not constitute a basis for nonpayment of statements covering authorized work. ARL SECTION 5 - GENERAL CONSIDERATIONS 5.1 Suspension of Services Should OWNER fail to fulfill his responsibilities as provided under Section 3 to the extent that ENGINEER is unduly hindered in his services or if OWNER fails to make any payment to ENGINEER on account of his services and expenses within ninety (90) days after receipt of ENGINEER'S bill therefor, ENGINEER may, after giving seven (7) days' written notice to OWNER, suspend services under this Agreement until OWNER has satisfied his obligations under this Agreement. 5.2 Successor and Assigns OWNER and ENGINEER each binds himself and his successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither OWNER nor ENGINEER shall assign, sublet or transfer his interest in the Agreement without the written consent of the other. 5.3 Extent of Agreement This Agreement represents the entire and integrated agreement between OWNER and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral (except as set forth below) . This Agreement may be amended only by written ® instrument signed by both OWNER and ENGINEER. 5.4 Time of Service ENGINEER will proceed with providing the services set forth herein within ten (10) days of this Authorization. ENGINEER will submit preliminary report to OWNER within sixty-five (65) days of this Authorization. IN WITNESS WHEREOF, the City of Jefferson Missouri, by and through its Mayor, George Hartsfield, and Burns and McDonnell Engineering Company, Inc. , by its authorized officer have made and executed this Agreement as of the day and year first above written. CI'T'Y OF JEFFERSON, MISSOURI Mayor ATTEST: City Clerk BURNS & McDONNELL ENGINEERING CO. , Inc. ;-ATTEST': , Secretary A'rTACIDIENT "A" SCOPE OF SERVICES The Scope of Services to be provided by ENGINEER, in connection with this Agreement, is as follows: Perform a sanitary sewer rate adjustment study as follows; 1. Work with the staff of the OWNER in selection and compilation of customer data including water consumption records , number of customers , and quantities of high-strength wastewater contributions based on BOD and suspended solids , This includes review of water records from private water companies and districts and private sources for all sewer customers . Data from approximately seven customers whose water usage is significantly greater than their wastewater volume shall be analyzed to allow proper rate development for these customers . 2. Work with the staff of the 01-TNER in compilation of flow and quality records for the Jefferson City Water Pollution Control Plant as necessary for proper development of rates. 3. Develop current and five-year projection of customer water con- sumption and number of accounts . 4. Work with the staff of the OWNER in selection and compilation of cost records over the last five years including operations, maintenance, AINL debt service, bond reserve accounts and capital improvements , and revenues . 5. Compare OWNER' S existing customer billing method with other avail- able methods . 6. Review appropriate accounting records of 014NER to determine how of funds are being collected, distributed, revised and accounted for. ENGINEER will rely on statements from Charles and Trauernicht, St. Louis, Missouri, OWNER' S bond counsel , indicating general conformance or nonconformance with bond ordinances and covenants and determina- tion of feasibility of sale and use of unsold bonds for specific purposes the OWNER may desire. 7. Conduct a survey of other communities , utilities; sewer authorities, legal authorities and other appropriate sources to evaluate methods of financing capital improvements such as extensions , utility reloca- tions and modifications . Consult with 014NER on survey results and develop a recommended approach to financing such costs . 8. Develop current and five-year projection of revenue requirements and costs for operation, maintenance, debt service , bond reserve accounts and capital improvements . 9. Develop a rate structure consisting of a minimum monthly charge and a unit charge based on metered water usage. Develop appropriate ANk - 1 - 1 M • unit charges for major customers whose water usage is significantly greater than their wastewater volume. Develop surcharge rates for high-strength users based on BOD and suspended solids . 10. Consult with OWNER regarding matters of policy affecting the design of rate schedules and to assure that the direction and limits of the rate study meet with the desire of the OWNER. 11. Prepare written preliminary report summarizing information and recommendations of the rate study. Provide three copies to the OWNER. Report shall include appropriate graphs , tables and illus- trations to clearly present the information and recommendations of the rate study . 12. Attend a maximum of five meetings with OWNER and staff, and public hearings to explain and review the findings and recommenda- tions of the rate study report. 13. Prepare final report. Provide 20 copies to the 0WNER. OWNER will provide, in connection with this Authorization, the follow- ing: 1. Provide full information as to his requirements for this assign- ment. 2. Assist ENGINEER by placing at his disposal all available informa- tion pertinent to the assignment including previous reports and any other data relative thereto . 3. It is agreed that the OWNER will provide and perform functions as follows: a. Furnish capital costs for sewers , pump stations and treatment facilities by unit processes funded in part or entirely by existing and projected debt service. b. Furnish operation, maintenance', and administration costs for sewers , pump stations , and treatment facilities by unit processes for each of the last five years . c. Determine existing and projected debt service and reserve fund requirements . d. Establish existing and projected expenditure for minor improvements and extensions . e. Provide customer analysis base data which includes , but is not limited to, the total pounds per year of BOD and sus- pended solids in excess of what is considered to be normal- strength wastewater. f. Work with ENGINEER to: 2 _ ti (1) Adjust current maintenance and operation costs to ® permit proper projections of costs , (2) Separate maintenance and operation costs and capital costs into components such as flow-related costs, costs related to treatment of BOD and costs related to suspended solids removal. (3) Develop projections on operation and maintenance costs. 4. Examine preliminary reports and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 5. Provide such professional, legal, accounting and financial services as may be required for the assignment. 6. The Wastewater Utilities Superintendent or his assistant as authorized in writing shall act as OWNER'S representative with respect to the services to be performed under this Authorization, Such per- son shall have complete authority to transmit instructions'. receive information, interpret and define OWNER'S policies and decisions pertinent to the services covered by this Authorization. 7. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any defect in the Project. 3 -