HomeMy Public PortalAboutORD15957BILL NO. 2019-047
SPONSORED BY Councilman Hussey
ORDINANCE NO. 15'957
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HORNER AND
SHIFRIN, INC., IN THE AMOUNT OF $246,340.00 FOR THE BINDER AND INDIAN
HILLS PUMP STATION UPGRADE PROJECT.
WHEREAS, Horner and Shifrin, Inc. has been selected as the firm best qualified to
provide professional services related to the Binder and Indian Hills Pump
Station Upgrade project.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. Horner and Shifrin, 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 Horner and Shifrin, Inc. for the Binder and Indian Hills Pump Station
Upgrade 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:
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Presiding Officer
Approved:
/-7,.?0/?
Mayor Carrie Tergin
ATTEST: APPROVED AS TO FORM:
City Clerk
Ci.47 ounselor
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", and Horner and Shifrin, Inc.,
hereinafter referred to as the "Contractor".
WITNESSETH:
THAT WHEREAS, the City desires to engage the Contractor to render
services for the Binder and Indian Hills Pump Stations upgrades, 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 Binder and Indian Hills Pump Stations upgrades, hereinafter
described in Exhibit A. In the event of a conflict between this agreement and any
attached exhibits, the provisions of this agreement shall govern and prevail.
2. Compensation. The total amount for professional services rendered under
this shall not exceed Two Hundred Forty -Six Thousand Three Hundred Forty Dollars
($246,340.00) subject to the amounts for each project set forth in Exhibit A. 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 furnish all supervision, labor, tools,
equipment, materials and supplies necessary to perform, and to perform said work at
Contractor's own expense in accordance with the contract documents and any
applicable City ordinances and state and federal laws, within two (2) years days from
the date Contractor is ordered to proceed, which order shall be issued by the Director
of Public Works within ten (10) days after the date of this contract.
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. 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.
8. 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
provided herein, and no such assignment shall require the City to give any notice to
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any such 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 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 Contractor without prior written approval of the City.
10. 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
Contractor or applicant for employment and shall include a similar provision in all
subcontracts let or awarded hereunder.
11. 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.
12. 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.
13. 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.
14. 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
agents, or any subcontractors of Contractor. This liability insurance shall include,
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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.
15. 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.
16. 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.
17. 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.
18. 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.
19. Illegal Immigration.
Prior to commencement of the work:
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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.
20. 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
Horner and Shifrin, Inc., 401 S. 18th Street, Suite 400, St. Louis, Missouri, 63102.
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 HORNER AND SHIFRIN, INC.
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Carrie Tergin, Mayor
Date: 7-/-7_11
ATTEST:
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Ci y Cler
APPROVED AS TO FORM:
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Date: 16/A 311
ATTEST:
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EXHIBIT H
HORNER & SHIFRIN, INC.
BINDER PUMP STATION
SCOPE OF SERVICES FEE
Design Phase Services: $80,611
Bidding Phase Services: $ 7,838
Construction Phase Services: $22,981
Special Investigation Services (if needed): $ 2,200
TOTAL COST = $113,630 time and material not -to -exceed
INDIAN HILLS PUMP STATION
SCOPE OF SERVICES FEE
Design Phase Services: $97,339
Bidding Phase Services: $ 8,202
Construction Phase Services: $24,969
Special Investigation Services (if needed): $ 2,200
TOTAL COST = $132,710 time and material not -to -exceed
TOTAL CONTRACT COST = $246,340 time and material not -to -exceed