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HomeMy Public PortalAboutORD15881 BILL NO. 2018-100 SPONSORED BY Councilman Hussey ORDINANCE NO. 1 5 08 1 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. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk were previously authorized and directed to execute an agreement with Donohue and Associates, Inc. for the Westview Pump Station upgrade and Basin 10 sewer evaluation in the amount of $210,823. Section 2. The Agreement attached hereto as Exhibit A shall replace the Agreement approved by the Council under Ordinance 15862. The Agreement with Donohue and Associates, Inc. shall be substantially the same in form and content as that agreement attached hereto as Attachment 1, which the Mayor and City Clerk are authorized to execute. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: re, . 4 2 .°,11 Approved: 4. 51 .Dviq • fiA 1AL&f AA dirMkeTatt(A7 Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: Cit Jerk City • -elor Attachment 1 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 Donohue & Associates, Inc., hereinafter referred to as the ."Consultant", with offices at 1415 Elbridge Payne Road, Suite 165, Chesterfield, Missouri, 63017. WITNESSETH: THAT WHEREAS, the City desires to engage the Consultant to render services for the de s ign study and hydraulic modeling of Basin 10/Westview Pump Station, 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 b etween t he City and the Consultant as follows: 1. Scope of Services. The City agrees to engage the services of the Consultant to render services for the design study and hydraulic mode ling 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 a ll Consultant services. No change in compensation shall b e made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. The Consultant agrees to send a monthly billing to the City. City shall submit payment to Consultant within thirty (30) d ays . 3. Term. Consultant agrees with the City to perform said work within five hundred fort y -five (545) calendar days from the date Consultant is ordered to proceed. 4. Additio nal 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 2 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 Works and shall be accepted and countersigned by the Consultant or its agreed representatives. 5. Standard of Care. Consultant's services shall be performed in accordance with the standard of professional practice ordinarily e xercised b y the applicable profession under similar circumstances at the same time and in the same locality. 6. 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. 7. 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 empl oyees of t h e Consultant. All of the services required hereunder will b e p erformed by the Consul tant 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 t h e City. 8. 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. 9. 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 t his contract b y giving written notice to the Consultant of such termination and specifying the effe ctive date thereof, at least five (5) days before the effective day of such t ermination. The Consultant may without cause terminate this contract upon 30 days prior written notice. In either such event all finish ed or unfmished 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 t h e City, become its property, and the compensation for a ny 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 b y the Consultant. 2 The non-defaulting party may not suspend performance if the defaulting party commences to cure such default within the five (5) day period and completes such cure within a reasonable period of time. 10. 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 s ubject 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 assignm ent 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. 11. Confidentiality. Any reports, data or similar information given to or prepared or assembled by the Consul tant 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. 12. 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 h ereunder. 13. Independent Consultant. The Consultant is an independent Consultant and nothing herein shall constitute or designate the Consultant or any of its employees as agents or emplo yees of the City. 14. 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. 15. Liability. The parties mutually agree to the following: a. In no event shall the City or Consultant be liable to the oth er for special, indirect, or consequential damages, except those directly or approximatel y caused b y either party arising out of or in any way connected with this contract. b. The Consultant shall indemnify and hold the City harmless from and against a ll claims, lo sses and liabilities arising out of personal injuries, including death, and damages to property to the proportionate extent caused by any negligent act or omission on the part of the Consultant 3 related to the services performed under thi s contract. 16. Insurance . Consultant 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 otherwi se approved by the City, with a rating by Best of not l ess than "A," that shall protect the Consultant, the City, a nd the City's officials, officers, and employees from claims which may arise from operations under this agreement, wheth er such operations are by the Consultant, its officers, directors, employees and agents, or any subconsultants of Consultant. 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 Consultant operations , products, services or use of automobiles, or construction equipment at a limit of $500,000 E ach Occurrence, $3,000,000 Annu a l Aggregate; provided that n othing 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. 17. Documents. Reproducible copies of tracings a n d maps prepared or obtained under the terms of this contract shall be d elivered 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. Consultant preserves the right to use the Donohu e Standards which were incorporated into the reproducible tracings and maps prepared or obtained under the terms of this contract. The City will allow Consultant's use of copies of basic s urvey notes and sketches, charts, computations, and other data prepared or obtained under the contract for purposes other t h an this contract. 18. Nonsolici tation. The Consultant warrants t hat they had not employed or retained any company or person, other than a bona fide empl oyee working solely for the Consultant, 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 so lely 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 co nsideration, or otherwise recover the full amo unt of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. 4 19. Books and Records. The Consultant and all subConsultants 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. 20. 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. 21. Illegal Immigration. Prior to commencement of the work: a. Consultant 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. Consultant 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 Consultant is a sole proprietorship, partnership, or limited partnership, Consultant shall provide proof of citizenship or lawful presence of the owner. 22. 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. Carrie Tergin, Mayor Title: RoaFi,T Ne,tni Ii/ - PREsiFr47" 5 Date: ,a0/9 Date: 4"//6//9 ATTEST: ATTEST: dafaPALs-% /IA alai. mily Do aldson, City Clerk Title: //9an T Cwtlier P ro4 cc+ /rt c,."AI a v- APPROVED AS TO FORM: • Amor R, a' oehlman, City Counselor 6 EXHIBIT A BASIC SCOPE OF SE RVICES BASIN 10/WESTVIE W PUMP STATION A. Design Study and Hyd ra ulic Mode ling ($21 0 ,823 ti me and material not-to- exceed) Modeling The major intercep tor in Basin 10, upstream of the Westview Pump Station, and the main interceptor in Basin 11 and Bas in 19 to Walnut Pump Station will be modeled. The amount of sewer to be mode led in Basin No. 10 is approximately 23,800 linear feet, Basin 11 is approximately 12,000, and Basin 19 is app roximately 1,850 linear feet. Modeling activities include inputti ng data into the new SewerGems software, spot verification of sewer and manhole information, inputting flow i nformation and calibrating the mode l fo r dry and wet weather conditions. Also inputted will be information from new or planned de vel opment with in the Basin 10 area. From this information, system deficiencies w ill be determin ed, capacity improvements id entified, and the new pump sta t ion/storage determined . Discussion with the City will occur at 3 works hops plus the kick-off meeting. The results of the modeling and evaluation with recomme ndations w ill be detailed and summarized in a Technical Memorandum (TM). TOTAL CONTRACT COST= $2 10,823 tim e and materi a l not-to-exceed