HomeMy Public PortalAboutORD15559 BILL NO. 2016-38
SPONSORED BY COUNCILMAN Henry
ORDINANCE NO. /S33
AN
ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A $272,3.00.00 AGREEMENT WITH
CENTRALMISSOURI PROFESSIONAL SERVICES, INC. =FOR THE BASIN 17 RELIEF
SEWER DESIGN PROJECT.
WHEREAS, Central Missouri Professional Services, Inc., has been selected as the firm
best qualified to provide professional services related to the Basin 17
Relief Sewer Design project.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. Central Missouri Professional Services, Inc., is hereby approved as
the best qualified firm to provide professional services and its proposal is hereby
accepted.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Central Missouri Professional Services, Inc., for the Basin 17 Relief
Sewer Design project.
Section 3. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: 6 tig Approved: Lop t. 7
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Presiding Officer Mayor Carrie Tergin
ATTEST: - APPROVED AS TO FORM:
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qity Clerk. City Counselor /
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CITY OF JEFFERSON
CONTRACT FOR PROFESSIONAL SERVICES
BASIN 17 RELIEF SEWER
THIS CONTRACT, made and entered into this 1 day of September, 2016, by and
between the City of Jefferson, a municipal corporation of the State of Missouri,
hereinafter referred to as the "City," with offices at 320 East McCarty, Jefferson City,
Missouri,65101, and Central Missouri Professional Services, Inc., hereinafter referred
to as the "Consultant," with offices at 2500 East McCarty Street, Jefferson City,
Missouri, 65101.
WITNESSETH:
THAT WHEREAS, the City desires to engage the Consultant to render certain
technical and professional planning services for the Basin 17 Relief Sewer Project
hereinafter described in Exhibit A.
WHEREAS, Consultant has made certain representations and statements to the
City with respect to the provision of such services and the City has accepted said
proposal to enter into a contract with the Consultant for the performance of services
by the Consultant.
NOW THEREFORE,for the considerations herein expressed,it is agreed by and
between the City and the Consultant as follows:
1. Scope of Services. The City agrees to engage the services of the Consultant to
render certain technical and professional planning services for the Basin 17 Sewer
Project hereinafter described in Exhibit A.
2. Additional Services. 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
approved by the Director of Public Work and shall be accepted and countersigned by
the Consultant or its agreed representatives.
3. Existing Data. 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. The Consultant shall not be liable
for the accuracy of the information furnished by the City.
• 4. Personnel to be Provided. The Consultant represents that Consultant has or
will secure at its expense all personnel required to perform the services called for under
this contract by the 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 the
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 except as
provided in Exhibit A without the written approval of the City.
5. Notice to Proceed. The services of the Consultant shall commence as directed
in the Notice to Proceed and shall be undertaken and completed in accordance with the
schedule contained in Exhibit A.
6. Compensation. The total amount for professional services rendered under this
shall not exceed Two Hundred Seventy-Two Thousand Three Hundred Dollars
($272,300.00) for all design and consultant services and printing. No change in
compensation shall be made unless there is a substantial and significant difference
between the work originally contemplated by this agreement and the work actually
required.
7. Failure to Perform. Cancellation. 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. The
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 compensation for any satisfactory work completed on such documents
and other materials shall be determined. 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 contract by the Consultant.
8. Assignment. 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
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assignee of any actions which the City may take under this agreement, though City
will attempt to so notify any such assignee.
9. Confidentiality. 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.
10. Nondiscrimination. The Consultant agrees in the performance of the contract
not to discriminate on the grounds or because of race, creed, color, national origin or
ancestry, sex, religion, handicap, age or political affiliation, against any employee of
consultant or applicant for employment and shall include a similar provision in all
subcontracts let or awarded hereunder.
11. Independent Contractor. The Consultant is an independent contractor and
nothing herein shall constitute or designate the Consultant or any of its employees as
agents or employees of the City.
12. Benefits not Available. The Consultant shall not be entitled to any of the
benefits established for the employees of the City and shall not be covered by the
Workmen's Compensation Program of the City.
13. Liability. 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 directly or approximately caused
by the City arising out of or in any way connected with this contract.
b. The Consultant shall indemnify and hold the City harmless from and
against all claims, losses and liabilities arising out of personal injuries,
including death, and damages to property to the extent caused by any
negligent act or omission on the part of the Consultant related to the
services performed under this contract.
14. Documents. Reproducible copies of tracings and maps prepared or obtained
under the terms of this Contract shall be delivered upon request to and become the
property of the City upon termination or completion of work. Copies of basic survey
notes and sketches, charts, computations and other data prepared or obtained under
this Contract shall be made available, upon request, to the City without restrictions
or limitations on their use. When such copies are requested, the City agrees to pay the
Consultant its costs of copying and delivering same.
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15. Nonsolicitation. The Consultant warrants that he had not employed or retained
any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Contract, 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 Contract.
For breach or violation of this warranty, the City shall have the right to annul this
Contract without liability, or, in its discretion, to deduct from the Contract price or
consideration , or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gifts, or contingent fee.
16. Books and Records. The Consultant and all his subcontractors shall maintain
all books,documents,papers,accounting records and other evidence pertaining to costs
incurred in connection with this Contract, and shall make such materials available at
their respective offices at all reasonable times during the Contract and for a period of
three (3) years following completion of the Contract.
17. Delays. That the Consultant shall not be liable for delays resulting from causes
beyond the reasonable control of the Consultant; that the Consultant has made no
warranties, expressed or implied, which are not expressly set forth in this Contract;
and that under no circumstances will the Consultant be liable for indirect or
consequential damages.
18. Illegal Immigration.
Prior to commencement of the work:
a. Contractor shall, by sworn affidavit and provision of documentation,
affirm its enrollment and participation in a federal work authorization
program with respect to the employees working in connection with the
contracted services.
b. Contractor shall sign an affidavit affirming that it does not knowingly
employ any person who is an unauthorized alien in connection with the
contracted services.
C. If contractor is a sole proprietorship,partnership,or limited partnership,
contractor shall provide proof of citizenship or lawful presence of the
owner prior to issuance of the Notice to Proceed.
19. Notices. All notices required or permitted hereinunder and required to be in
writing may be given by first class mail addressed to the Department of Community
Development, 320 East McCarty,Jefferson City,Missouri, 65101, and the Consultant,
at Central Missouri Professional Services, Inc., 2500 East McCarty Street, Jefferson
City, Missouri, 65101. The date and delivery of any notice shall be the date falling on
the second full day after the day of its mailing.
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CITY OF JEFFERSON, MISSOURI CMpr INC.
V)A^L
Mayor Carrie Tergin
ATTEST: ATTEST: 1 f
City Clerk Title: / G
APPROVED AS TO FORM:
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Interi City Counselor
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EXHIBIT A
BASIC SCOPE OF PROJECT SERVICES
BASIN 17 RELIEF SEWER
A. Hydraulic Modeling: ($96,035 time and material estimate)
B. Final Design: ($132,235 time and material estimate)
C. Bid Phase Services: ($8,370 time and material estimate)
D. Construction Phase Services: ($35,660 time and material estimate)
TOTAL CONTRACT COST=$272,300 Time and Material not-to-exceed
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