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HomeMy Public PortalAboutORD15862 BILL NO. 2018-080 SPONSORED BY Councilman Hussey ORDINANCE NO. J50602, AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A $210,823.00 AGREEMENT WITH DONOHUE AND ASSOCIATES, INC. FOR THE WESTVIEW PUMP STATION UPGRADE AND BASIN 10 SEWER EVALUATION. WHEREAS, Donohue and Associates, Inc. has been selected as the firm best qualified to provide professional services related to the Westview Pump Station Upgrade and Basin 10 Sewer Evaluation project. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Donohue and Associates, 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 Donohue and Associates, Inc. for the Westview Pump Station Upgrade and Basin 10 Sewer Evaluation 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: tUUb /7 20/6Approved: �� f F,D -0 / o (v.-(„„s, Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: lit %i • -A Ci 'Clerk Ci. 'ounselor EXHIBIT A CITY OF JEFFERSON CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT, made and entered into the date last executed by a party as indicated below, 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 Dononhue & Associates, Inc., hereinafter referred to as the "Contractor", with offices at 1415 Elbridge Payne Road, Suite 165, Chesterfield, Missouri, 63017. WITNESSETH: THAT WHEREAS, the City desires to engage the Contractor to render services for the design study and hydraulic modeling of Basin 10/Westview Pump Station, hereinafter described in Exhibit A. WHEREAS, Contractor 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 Contractor for the performance of services by the Contractor. NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows: 1. Scope of Services. The City agrees to engage the services of the Contractor to render services for the design study and hydraulic modeling of Basin 10/Westview Pump Station, hereinafter described in Exhibit A. 2. Compensation. The total amount for professional services rendered under this shall not exceed Two Hundred Ten Thousand Eight Hundred Twenty-Three Dollars ($210,823.00) for all Contractor services. 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. 3. Term. Contractor agrees with the City to perform said work within five hundred forty-five (545) calendar days from the date Contractor is ordered to proceed. 4. Additional Services. The City may add to Contractor 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 2 hereof. The Contractor 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 Works and shall be accepted and countersigned by the Contractor or its agreed representatives. 5. 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 Contractor without charge by the City, and the City shall cooperate with the Contractor in every reasonable way in carrying out the scope of services. The Contractor shall not be liable for the accuracy of the information furnished by the City. 6. Personnel to be Provided. The Contractor represents that Contractor has or will secure at its expense all personnel required to perform the services called for under this contract by the Contractor. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed by the Contractor or under the Contractor'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. 7. Notice to Proceed. The services of the Contractor shall commence as directed in the Notice to Proceed, and shall be undertaken and completed in accordance with the schedule. 8. Failure to Perform, Cancellation. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Contractor 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 Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. The Contractor 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 Contractor 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 Contractor 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 Contractor. 9. Assignment. The Contractor 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 2 provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement, though City will attempt to so notify any such assignee. 10. Confidentiality. Any reports, data or similar information given to or prepared or assembled by the Contractor 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. 11. Nondiscrimination. The Contractor 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. 12. Independent Contractor. The Contractor is an independent contractor and nothing herein shall constitute or designate the Contractor or any of its employees as agents or employees of the City. 13. Benefits not Available. The Contractor 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. 14. Liability. The parties mutually agree to the following: a. In no event shall the City be liable to the Contractor 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 Contractor 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 Contractor related to the services performed under this contract. 15. Insurance. Contractor shall provide, at its sole expense, and maintain during the term of this agreement commercial general liability insurance with a reputable, qualified, and financially sound company licensed to do business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not less than "A," that shall protect the Contractor, the City, and the City's officials, officers, and employees from claims which may arise from operations under this agreement, whether such operations are by the Contractor, its officers, directors, employees and 3 agents, or any subcontractors of Contractor. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all Contractor operations, products, services or use of automobiles, or construction equipment at a limit of $500,000 Each Occurrence, $3,000,000 Annual Aggregate; provided that nothing herein shall be deemed a waiver of the City's sovereign immunity. An endorsement shall be provided which states that the City is named as an additional insured and stating that the policy shall not be cancelled or materially modified so as to be out of compliance with the requirements of this section, or not renewed without 30 days advance written notice of such event being given to the City. 16. 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 Contractor its costs of copying and delivering same. 17. Nonsolicitation. The Contractor warrants that they had not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that they have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, 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. 18. Books and Records. The Contractor and all 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. 19. Delays. That the Contractor shall not be liable for delays resulting from causes beyond the reasonable control of the Contractor; that the Contractor has made no warranties, expressed or implied, which are not expressly set forth in this contract; and that under no circumstances will the Contractor be liable for indirect or consequential damages. 20. Illegal Immigration. 4 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. 21. Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to the City of Jefferson, Department of Public Works, 320 East McCarty, Jefferson City, Missouri, 65101, and Donohue & Associates, Inc., 1415 Elbridge Payne Road, Suite 165, Chesterfield, Missouri, 63017. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. CITY OF JEFFERSON, MISSOURI DONOHUE & ASSOCIATES, INC. GamAct- / / Carrie Tergin, Mayr ' Title: Date: 21 iN Date: ATTEST: ATTEST: ic Eily Donaldson, City Clerk Title: APPROVED AS TO F S ' ' : Ryan oe• man, City Counselor 5 EXHIBIT A BASIC SCOPE OF SERVICES BASIN 10/WESTVIEW PUMP STATION A. Design Study and Hydraulic Modeling ($210,823 time and material not-to- exceed) Modeling The major interceptor in Basin 10, upstream of the Westview Pump Station, and the main interceptor in Basin 11 and Basin 19 to Walnut Pump Station will be modeled. The amount of sewer to be modeled in Basin No. 10 is approximately 23,800 linear feet, Basin 11 is approximately 12,000, and Basin 19 is approximately 1,850 linear feet. Modeling activities include inputting data into the new SewerGems software, spot verification of sewer and manhole information, inputting flow information and calibrating the model for dry and wet weather conditions. Also inputted will be information from new or planned development with in the Basin 10 area. From this information, system deficiencies will be determined, capacity improvements identified, and the new pump station/storage determined. Discussion with the City will occur at 3 workshops plus the kick-off meeting. The results of the modeling and evaluation with recommendations will be detailed and summarized in a Technical Memorandum (TM). TOTAL CONTRACT COST= $210,823 time and material not-to-exceed