HomeMy Public PortalAboutORD16056BILL NO. 2020-008
SPONSORED BY Councilmember Hussey
ORDINANCE NO. 11. o 6b
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BURNS AND
MCDONNELL ENGINEERING COMPANY, INC., IN THE AMOUNT OF $57,000.00
FOR THE BIOSOLIDS MANAGEMENT STUDY PROJECT.
WHEREAS, Burns and McDonnell Engineering Company, Inc. has been selected as
the firm best qualified to provide professional services related to the
Bisolids Management Study project;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. Burns and McDonnell Engineering Company, 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 Burns and McDonnell Engineering Company, Inc. for the Bisolids
Management Study 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:
Presiding Officer
ATTEST:
Approved: A�f�
Mayor Carrie Tergin
APPROVED AS TO FORM:
City Atto ey
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
Burns & McDonnell Engineering Company, Inc., hereinafter referred to as the "Consultant," with
offices at 9400 Ward Parkway, Kansas City Missouri 64114.
WITNESSETH:
THAT WHEREAS, the City desires to engage the Consultant to render certain technical
and professional engineering services for a biosolids facility study for the Wastewater Division,
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 engineering services for a biosolids facility study for the
Wastewater Division 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. Additional Services. The City may add to consultant services or delete therefrom activities
of a similar nature to those set forth in Exhibit A. 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.
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 set forth in Exhibit A for the
compensation set forth in paragraph 7 in accordance with this Contract and any applicable City
ordinances and state and federal laws, within eighteen (18) months from the date Contractor is
ordered to proceed.
4. Existing. 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.
5. 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.
6. Notice to Proceed. The services of the Consultant shall commence as directed in the
Notice to Proceed and shall be undeltaken and completed in accordance with the schedule
contained in Exhibit A.
7. Compensation. The total amount to be paid for the professional services set forth in
Exhibit A rendered under this Contract shall be a lump sum of Fifty -Seven Thousand Dollars
and Zero Cents ($57,000.00). No change in compensation shall be made unless there is a
directive or change in written form and approved by the Director of Public Works and accepted
and countersigned by the Consultant or its agreed representatives. Statements are payable upon
receipt. A late payment charge of 1.5 percent per month or any partial month will be added to
amounts not received within 30 days of the statement date. Time is of the essence in payments
of statements, and timely payment is a material part of the consideration of this Contract. If a
portion of Consultant's statement is disputed by City, the undisputed portion shall be paid by
City by the due date. The City shall advise the Consultant in writing of the basis for any
disputed portion of any statement.
8. Failure to Perform. Cancellation. Subject to the provisions in this Contract, if, 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 material agreements, 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 City or 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 be delivered to
the City after receiving the compensation for any work completed on such documents and other
materials in accordance with this Contract. 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. Should City fail to fulfill its responsibilities as provided under
this Contract the extent that Consultant is unduly hindered in Consultant's services or if City
fails to make any payment to Consultant on account of Consultant services and expenses within
90 days after receipt of Consultant's bill therefor, Consultant may, after giving seven days'
written notice to City, suspend services under this Contract until City has satisfied its
obligations under this Contract.
9. Insurance. Consultant shall provide and maintain during the term of this agreement
commercial general liability insurance with a reputable, qualified, and financially sound
company authorized 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-". This commercial general liability insurance
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shall include, protection against claims for bodily and personal injury and damage to property,
caused by Consultant in the performance of its services under this Contract at a limit of
$1,000,000 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 included as an additional insured and stating that the policy shall not be
cancelled or not renewed without 30 days advance written notice of such event being given to
the City. An Umbrella/Excess policy may be used to satisfy the limit requirements above. To
the extent allowed by law, City and Consultant waive all rights against each other and their
officers, directors, agents, or employees for damage covered by property insurance (including
deductibles) during and after the completion of Consultant's services.
10. Assi n� Neither party shall 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 other party. 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.
11. 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.
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
hereunder.
13. 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.
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 either party be liable to the other party for special, indirect, or
consequential damages, including with limitation, damages, or losses in the nature of increased
Project costs, loss of anticipated revenue or profit, lost production, claims by customers of City,
or governmental fines or penalties.
b. The Consultant shall indemnify the City from and against all damages, costs, and
expenses (including reasonable attorney's fees) for personal injuries, including death,
and damages to third -party 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.
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. When such copies are requested, the City agrees to pay the
Consultant its costs of copying and delivering same. All documents prepared or furnished by
Consultant (and Consultant's independent professional associates and consultants) pursuant
to this Contract are instruments of service in respect of the Project, and Consultant shall have
the ownership and property interest therein whether or not the Project is completed. City may
make and retain copies for information and reference in connection with the use and
occupancy of the project by City and others; however, such documents are not intended or
represented to be suitable for reuse by City or others on extensions of the Project or on any
other project. Any reuse without written verification or adaptation by Consultant for the
specific purpose intended will be at City's sole risk and without liability or legal exposure to
Consultant, or to Consultant's independent professional associates or consultants. Any such
verification or adaptation will entitle Consultant to further compensation at rates to be agreed
upon by City and Consultant.
Any electronic media (computer disks, tapes, and similar items) furnished with respect to
Consultant's services are for City's information and convenience only. Such media are not to
be considered part of Consultant's instruments of service. (Due to the potential that
information contained in electronic media can be modified by City or others, Consultant, at
its option, may remove all indicia of Consultant's ownership and involvement from each
electronic display.) Consultant shall not be liable for loss or damage directly or indirectly,
arising out of use of electronic media including, but not limited to, any loss of business or
incidental or consequential damage. City shall assume all risk from and against each and every
claim or cause of action that City or others may have or which may arise in the future
respecting use of the electronic media. If there is a discrepancy between the electronic media
files and the signed and sealed hard copies, the hard copies shall govern.
Consultant may use or modify Consultant's proprietary computer models in service of City
under this Contract, or Consultant may develop computer models during Consultant's service
to City under this Contract. Such use, modification, or development by Consultant does not
constitute a license to City to use or modify Consultant's computer models. Said proprietary
computer models shall remain the sole property of the Consultant. City and Consultant will
enter into a separate license agreement if City wishes to use Consultant's computer models.
17. Nonsolicitation. The Consultant represents that it has not employed or retained any
company orperson, 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 paragraph, the City shall have the
right to terminate this Contract.
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18. 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. Notwithstanding anything to the contrary herein, in no event shall
City be entitled to audit the composition of any agreed upon fixed rates or percentage
multipliers nor shall it be entitled to audit any rates, charges, costs, hours worked or expenses
related to services performed on a lump sum or fixed price basis.
19. 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. In the event the services
of the Consultant are suspended or delayed by the City, the Consultant shall be entitled to
additional compensation for reasonable costs incurred by the Consultant in temporarily closing
down or delaying the Project and reassigning Project staff (including, but not limited to,
unavoidable down time and any termination expenses incurred where reassignment is not
reasonably possible) and in organizing Project files, records, and work in progress for
suspension and later resumption of the Consultant's services.
20. Governing Law. The contract shall be governed by the laws of the State of Missouri. The
courts of the State of Missouri shall have jurisdiction over any dispute which arises under this
contract, and each of the parties shall submit and hereby consents to such courts exercise of
jurisdiction. In the event that a dispute should arise relating to the performance of the services
to be provided and should that dispute result in litigation, it is agreed that each party shall bear
their own legal fees and expenses, including all reasonable costs of litigation, including staff
time, court costs, attorneys' fees, and other related expenses.
21. Notices. All notices required or permitted hereunder and required to be in writing maybe
given by first class mail addressed to the Department of Community Development, 320 East
McCarty, Jefferson City, Missouri, 65 10 1, and the Consultant, at 9400 Ward Parkway, Kansas
City Missouri 64114. The date and delivery of any notice shall be the date falling on the
second full day after the day of its mailing.
22. This Contract represents the entire agreement between Consultant and City relative to the
Scope of Services herein. All previous or contemporaneous agreements, representations, promises,
and conditions relating to Consultant's services described herein are superseded. Since terms
contained in purchase orders do not generally apply to professional services, in the event City
issues to Consultant a purchase order, no preprinted terms thereon shall become a part of this
Contract. Said purchase order document, whether or not signed by Consultant, shall be considered
as a document for the City's internal management of its operations.
23. Cost opinions and Projects. Cost opinions and projections prepared by Consultant relating to
construction costs and schedules, operation and maintenance costs, equipment characteristics and
performance, and operating results are based on Consultant's experience, qualifications, and
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judgment as a design professional. Since Consultant has no control over weather, cost and
availability of labor, material and equipment, labor productivity, construction contractors'
procedures and methods, unavoidable delays, construction contractors' methods of determining
prices, economic conditions, competitive bidding or market conditions, and other factors affecting
such cost opinions or projections, Consultant does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections
prepared by Consultant.
24. Professional Responsibility. Consultant will exercise reasonable skill, care, and diligence in
the performance of Consultant's services and will carry out its responsibilities in accordance with
customarily accepted professional engineering practices. If Consultant fails to meet the foregoing
standard, Consultant will perform at its own cost, and without reimbursement from City, the
professional services necessary to correct errors and omissions which are caused by Consultant's
failure to comply with above standard, and which are reported to Consultant within one year from
the completion of Consultant's services for the Project.
CITY OF JEFFERSON, MISSOURI
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BURSS & McDJbNN`ELL ENGINEERING
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ATTEST:
APPROVED AS TO FORM:
Cit ou elor
ATTEST:
Assistant Secretary
EXHIBIT A
SCOPE OF SERVICES
JEFFERSON CITY, MISSOURI
BIOSOLIDS MANAGEMENT STUDY
PROJECT
The City of Jefferson, Missouri (CLIENT) maintains and operates the JC Regional Water Reclamation
Facility (RWRF). The plant currently treats an average flow of approximately 6 million gallons per day
(mgd) and is permitted for 11 mgd. Biosolids generated as a byproduct of the liquid treatment
processes are dewatered with belt presses and stabilized with lime prior to field application. The City
disposes of biosolids primarily through land application, which is applied at a combination of public and
privately owned sites. Biosolids handling equipment is aging and in need of replacement. This project
will result in a study that addresses the following items:
• Review applicable portions (solids handling components) of the existing infrastructure, both in
terms of current and projected future loadings and general asset condition
• Evaluate existing permit and anticipated regulatory requirements related to biosolids disposal
• Evaluate options for infrastructure improvements, primarily related to dewatering and lime feed
systems improvements
SCOPE OF SERVICES
The following is our understanding of the Scope of Services to be provided by Burns & McDonnell
Engineering Company, Inc., (CONSULTANT) for the City of Jefferson, Missouri (CLIENT).
1. Project Management and Meetings
a. Project Management and Administration: Prepare and submit invoices and progress
reports with a summary of progress completed to date, planned activities, potential
scope adjustments, and an updated schedule to the CLIENT.
b. Develop meeting agendas and disseminate electronic copies of meeting minutes.
c. Meetings (Specific)
i. Kickoff Meeting at the RWTF site: Review and confirm the project goals,
objectives, and schedule; confirm responsibilities and the scope of services;
assign project team contacts and communication protocols; review initial data
requests.
ii. Interim Review Workshop: Review the initial plant and data collection analysis;
review potential improvements. Meeting would be via remote teleconference.
iii. Draft Study Review Workshop: Review the draft Study document. Meeting
would take place atthe WWTF site with the CONSULTANT Project Manager in
attendance; support staff would call into the meeting remotely.
2. Initial Data Collection and Plant Evaluation
a. Data request. Initial information requested includes 5 -years of data, as applicable, for:
i. Existing Permit
ii. Plant Influent/effluent flows, biological oxygen demand (BOD), total suspended
solids (TSS), total nitrogen (TN), totalphosphorus (TP)
iii. SBR operating data, including return activated sludge (RAS) and waste activated
sludge (WAS) flows and concentrations
iv. Sludge disposal information
1. Belt Filter performance data
2. Records of solids production, flows and solids (VS and TS) loadings to
solids holding/storage basins
3. Disposal quantities (to both composting and land application) and costs
4. Chemical (lime) consumption and costs
v. Existing biosolids handling related equipment inventory (including belt filter
presses, lime feed systems, storage basins) and maintenance or replacement
records, as available
vi. As -built drawings related to biosolids handling
vii. Most recent engineering reports/facilityplans
During the Kickoff Meeting, tour the biosolids handling and treatment infrastructure
with CLIENT operations staff.
3. Regulatory Review
a. Evaluate current and future regulatory conditions (state and federal} that might impact
biosolids handling and disposal practices, specifically land application, including
potential impacts associated with generating a Class A or B product, phosphorus
limitations and a brief review of the current status of PFAS.
4. Solids Processing Evaluation
a. Evaluate improvements for biosolids handling and disposal in the context of replacing
existing equipment and continuing to meet a Class B biosolids product. Review with the
CLIENT in the Interim Review Workshop.
b. Further develop biosolids handling alternatives for incorporation in the Draft Biosolids
Alternatives Study
i. Provide conceptual level layouts and equipment selections.
ii. Develop projected cost opinions for both capital and O&M costs.
5. Biosolids Alternatives Study
a. Develop Draft Study
b. Issue an electronic copy of the Draft Study to the CLIENT for review and comment.
c. Attend Draft Study Review Workshop to review and discuss CLIENT comments.
d. Incorporate comments into a Final Study. Submit an electronic version of the study to
the CLIENT.
RESPONSIBILITIES OF CLIENT
1. General Responsibilities
a. Assistance by placing at CONSULTANT's disposal all available information pertinent to
the assignment, including previous reports and any other data relative thereto.
CONSULTANT may rely on CLIENT furnished information without independent
verification.
b. CLIENT shall make staff available for field assessment activities.
c. Review, comment, and approve meetingminutes.
d. Review and comment on the Technical Memoranda and Draft Report.
TIME OF SERVICE
1. CONSULTANT will proceed with providing the services set forth herein immediately upon
execution of the Agreement. The services will be completed within 120 days of execution of the
Agreement.
BUDGET
1. The budget for the work proposed in Scope of Work is fifty-seven thousand Dollars ($57,000).
Ge