Loading...
HomeMy Public PortalAboutORD15991BILL NO. 2019-098 SPONSORED BY Councilman Kemna ORDINANCE NO. /5 7 // AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE FY2020 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE PARK FUND. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. There is hereby supplementally appropriated within the Park Fund $800,000 as indicated on Exhibit A, attached hereto. Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: &12(4,4,r 2020 Presiding Officer ATTEST: "Jib . Citywlerk Approved: Mayor Carrie Tergin APPROVED AS TO FORM: e C Counselor CERTIFICATION BY MAYOR Pursuant to Article VII, Section 7.1(5.) Of the Charter of the City of Jefferson, Missouri, I hereby certify that the sums appropriated in the ordinance are available in the various funds to meet the requirements of this bill. Mayor Carrie Tergi& SUPPLEMENTAL APPROPRIATIONS FISCAL YEAR 2019-2020 BUDGET Park Fund: Revenue 21-210-495995 Transfer from Surplus $800,000.00 Expenditure Parks and Recreation Department 21-990-574061 Site Acquisition & Facility Development 21-270-540050 Ballfield Repairs 21-270-572020 Purchase of Equipment $750,000.00 $20,000.00 $30,000.00 Bill 2019-098 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, by and through its Department of Parks, Recreation, and Forestry, hereinafter referred to as the "City," and Engineering Surveys and Services, hereinafter referred to as the "Contractor". WITNESSETH: THAT WHEREAS, the City desires to engage the Contractor for land survey services at the 63 Diamonds Sports Complex, 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 for land survey services at the 63 Diamonds Sports Complex, 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 Four Thousand Five Hundred Dollars ($4,500.00) for all 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. Manner and Time for Completion. Contractor agrees with the City to perform said work at Contractor's own expense in accordance with the contract documents by January 31, 2020. 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 Parks, Recreation and Forestry 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 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 2 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 consultant 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, 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 3 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. 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 Parks, Recreation and Forestry, 1299 Lafayette, Jefferson City, Missouri, 65101, and Engineering Surveys and Services, 802 El Dorado Drive, 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. 4 CITY OF JEFFERSON, MISSOURI G73 sc ENGIN _' I SURVE AND SER Director of Parks, Recreation and Forestry itle: / Date/'i0-20 ATTEST: Title: APPROVED AS TO FORM: Cit, Cou . elor Date: ATTEST: Title: 5 EXHIBIT Proposals Boundary/Topo Survey Engineering Surveys & Services appreciates the opportunity to present this proposal to provide professional surveying services for the referenced project. The purpose of this survey is to establish or re-establish the boundaries of the property locally known as 63 Diamonds, LLC; 12143 Renz Farm Rd, Holts Summit. It is approximately 20 Acres Lying in Section 5 of Township 44 North, Range 11 West. We will provide a boundary survey for recording that will contain existing features suitable for property acquisition. Utilities will be as marked and identified by the Missouri one call system. We estimate this will require 3 mobilizations the site and will cost in the area of $4,500. All billings will be on a time -expended basis in accordance with the attached fee schedule, with payment terms of net 30 days from the date of invoice. We are prepared to begin work no later than the 13th of January upon receipt of your notice to proceed and expect to complete work within 10 working days after receipt of the title documents. Engineering Surveys & Services appreciates your consideration of this proposal. If you have any questions regarding this proposal or if we may be of service, please contact me at CYarnell@ess-inc.com or use the contact information provided above. Enclosures or Attachments. • Fee Schedule Offered By: Accepted By: Signature: Signature: Date: Date: Printed Name/Title Printed Name/Title Engineering Surveys & Services LLC [Name of Client ] Engineering Surveys and Services Consulting Engineers, Geologists and Land Surveyors Analytical and Materials Laboratories 802 El Dorado Drive Jefferson City, Missouri 65101 Telephone 573-636-3303 Facsimile 573-636-3789 http://www.ess-inc.com Email ess@ess-inc.com HOURLY FEE SCHEDULE January 1, 2019 Services of: Rate: Firm Principal $120-160 /hour Registered Professional Engineer $ 110-140 /hour Registered Professional Land Surveyor $ 100-130 /hour Project Surveyor $ 70-90 /hour Engineer -In -Training $ 80-100 /hour Senior Engineering Technician $ 60-70 /hour Engineering Technician $ 50-60 /hour CAD Operator $ 65-90 /hour Chemist $ 70-80 /hour Administrative Assistant $ 50-55 /hour Computer $ 50 /day EDM Equipment $ 100 /day Global Positioning System Equipment $ 200 /day Drill Rig $ 150-$250 /hour Large Format Copies $ 3.50-$ 5.50 each Photocopies $ 0.20 each Travel $ 0.60/mile NOTES 1. Since charges are based on salary multiplier, all rates are subject to minor fluctuations as salaries change. 2. Overtime charges at 1.4 times above rates. Other offices Sedalia, Missouri • Columbia, Missouri