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HomeMy Public PortalAboutORD16272BILL NO. 2022-053 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. /& Z72 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A $68,710 AGREEMENT WITH BARTLETT & WEST INC. FOR THE BASIN 7 — PHASE III DESIGN. WHEREAS, Bartlett & West, Inc. was selected as the firm best qualified to provide professional services related to Sewer Basin 7 — Phase III Relief Sewer project. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Bartlett & West, Inc. is declared to be the lowest and best bid and is hereby approved as the best firm to provide professional services for the Basin 7 — Phase III Relief Sewer project. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Bartlett & West, Inc. for Basin 7 — Phase III Relief Sewer 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: i Approved: X?--- C Mayor Carrie Tergin APPROVED AS TO FORM: City At ne 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 Public Works Department of the City of Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and Bartlett & West, Inc., hereinafter referred to as "Contractor". WITNESSETH: THAT WHEREAS, the City desires to engage the Contractor to render certain construction management services for the Basin 7 Phase III Relief Sewer Improvements project, 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. Scoae of Services. Contractor agrees to engage in project management services, as set forth 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. Payment. The City hereby agrees to pay Contractor for the work done pursuant to this contract upon acceptance of said work by the Public Works Department of the City of Jefferson. No partial payment to Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. 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. The total amount for services rendered under this contract shall not exceed Sixty -Eight Thousand Eight Hundred and Seven Hundred and Ten Dollars and No Cents ($68,710.00). 3. Term. This contract shall commence on the date last executed by a party as indicated below. The Contractor shall render certain services, as set forth in Exhibit A, within two (2) years of the date last executed by a party as indicated below. 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 City and shall be accepted and countersigned by the Contractor or its agreed representatives. 5. 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 2 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. 6. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 7. 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. 8. 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. 9. 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. 10. Illegal Immigration. 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. 11. Notice to Proceed. The services of the Contractor shall commence upon execution of this Agreement, and shall be undertaken and completed in accordance with the schedule contained in Exhibit A. 12. Termination. 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 City reserves the right to terminate this contract for convenience by 3 giving at least fourteen (14) days prior written notice to Contractor, without prejudice to any other rights or remedies of the City, provide Contractor shall be entitled to payment for all work completed by Contractor through the date of 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. 13. Waiver of Breach. Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or conditions herein. 14. Authorship and Enforcement. Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. In the event that the City successfully enforces the terms of this contract through litigation, the City shall be entitled to receive, in addition to any other relief, its reasonable attorney's fees, expenses and costs. 15. Severability. If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 16. 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. 17. 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. 18. 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. 19. Indemnity. A. Indemnity by Consultant. Consultant agrees to indemnify and hold harmless Client from and against 4 damages, losses, costs or expenses (including reasonable attorney's fees) actually incurred by Client but only to the extent caused by the negligent performance of Consultant. In no event shall the indemnification obligation extend beyond the date when the institution of legal or equitable proceedings for professional negligence would be barred by any applicable statute of repose or statute of limitations. If Client and Consultant are both at fault for certain damages, then each party shall bear liability for its own respective percentage of fault. B. Consultant will not be required to indemnify Client for claims caused or alleged to be caused in whole or in part by the acts or omissions of Client or other third parties for whom Consultant is not responsible. C. Under no circumstances shall Consultant be required to pay the defense costs of Client, unless Consultant is adjudged to be negligent by a court of law and such defense costs are included as damages in the award. 20. 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 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. 21. 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. 22. 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. 23. 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. 5 24. 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. 25. Amendments. This contract may not be modified, changed or altered by any oral promise or statement by whosoever made; nor shall any modification of it be binding upon the City until such written modification shall have been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for paying for changes or modifications that were not properly authorized. 26. Governin2 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 any successful action by the City to enforce this contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action. 27. Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to the following addresses. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. If to the City: City of Jefferson Department of Law 320 East McCarty Street Jefferson City, Missouri, 65101 If to the Contractor: Bartlett & West, Inc. Attn: Gary Davis, P.E., Engineer VIII 1719 Southridge Drive, Suite 100 Jefferson City, MO 65109 [Signatures to Follow on Next Page] CITY OF JEFF! RSON, MISSOURI Mayor Date: , � ^ 2?� APPROVED AS TO FORM: City At rney BARTLETT & WEST, INC. Title: S�A% P�v /VIhK�y-t— Date: y-29 -Ze22 ATTEST: Title: S"ric�`�r' cl •c, Bartlett 1719 Southridge Drive, Suite 100 Jefferson City, MO 65109-4000 West ph (573) 634-3181 www.bartlettwest.com EXHIBIT A SCOPE OF WORK BASIN 7 PHASE III RELIEF SEWER IMPROVEMENTS CITY OF JEFFERSON, MISSOURI BARTLETT & WEST PROJECT NUMBER: 18259.007 Background The purpose of this task order is to provide services to assist the City of Jefferson (CLIENT) with completing sanitary sewer collection improvements to address long-term wet -weather capacity issues west of Highway 54. The proposed project will complete the multi -phase project that was broken up for cost considerations and to accommodate Highway 50 improvements. The proposed project was originally designed by Bartlett & West in 2015, and easements were acquired based on that design. Parts of the original project including the crossing of Jefferson Street have been completed by the City, but no as-builts exist. In addition, it is known that several utilities have been added to the project area since 2015. Therefore, an updated topographical survey and design is necessary to avoid conflicts with existing utilities in the area. Previous flow data and modeling completed during the original project will also be revisited to verify that the proposed infrastructure is sized properly to handle future wet - weather flows. Additional flow monitoring data will be collected to verify previously collected data and ensure that proposed infrastructure is sized correctly. Scope of Work The Consultant will perform the following tasks in relation to the project. 1. Project Scoping a. Initial coordination with CLIENT to develop the scope, fee, schedule, and contract. 2. Project Management a. Administration of contract, invoices, and project documentation. b. Coordination with CLIENT during design c. Internal team meetings d. Data acquisition — prepare list of data needed and coordinate with Client to gather data 3. Wastewater Collection Gravity Sewer Design & Specifications — Final Design a. Field walkthrough to determine if previous plans need to be revised (for additional fee) or if topo and boundary survey need to be updated (for additional fee). b. Update cover sheet and re -seal plans and specs c. Prepare new bid form and quantities d. Preparation of final plan set and submittal to Client for bidding 4. Bidding Phase Services a. Compilation of bid -ready documents Driving community and industry forward, together. b. Quantity takeoff and preparation of bid table c. Prepare opinion of probable construction cost based on bid -ready plan set d. Prepare for and assist with pre -bid meeting for prospective bidders e. Address bidder questions regarding the plans and contract documents f. Prepare and issue contract addenda and provide supplemental information or clarification, as appropriate, to interpret, clarify or expand the bidding documents to all prospective bidders during the bidding process g. Attend the bid opening meeting, prepare the bid tabulation sheet, assist Client in evaluating bids, and produce recommendation of award 5. Construction Administration a. Prepare for and assist with pre -construction meeting for awarded Contractor b. Review contractor -submitted shop drawings and material submittals for compliance with Contract documents as requested by the City (anticipated to be for pipe materials, manholes, rings/lids, road materials, and backfill materials) c. Respond to Contractor RFls with respect to design intent d. Administration of pay requests and change orders as requested by Client e. Conduct periodic site visits to monitor work completion. Assumes 2 site visits per month for 6 months. f. Conduct final inspection to assist City with punch -list development g. Compile record drawings showing alterations to bid drawings. Mark-ups of alterations to be provided by the City. Services Not Included with this Task Order 1. Strikethrough items above 2. Unforeseen permitting fees not included in the scope of work 3. Preparation of easement documents 4. Easement acquisition assistance and coordination with property owners. Assumes owner will handle all necessary easement acquisition and coordination tasks. 5. Attendance of Client Board of Aldermen meetings 6. Attendance of Public Meetings 7. Permitting fees of any kind (assumes Client will pay all required permitting fees) 8. Roadway right-of-way permit acquisition 9. Preparation of a facility plan or engineering report 10. Geotechnical Engineering 11. Preparing and printing of O&M manuals 12. Preparation of front-end contract documents 13. Environmental assessments or reports 14. Archeological or cultural evaluations of the project site. 15. Materials testing of any kind during construction —contractor shall be responsible for all materials testing. 16. Construction staking 17. Full-time construction observation 18. Issuing advertisement for bidding including advertising fees Driving Community and Industry Forward, Together. 19. Bidding the project more than once 20. Value engineering following bidding. If construction bids come in over budget, value engineering can be provided for additional fee. 21. Surveying for as -built record drawings. 22, Services resulting from significant changes in the scope, extent, or character of the project. 23. Serving as a Consultant or witness for the Client in any litigation, arbitration, and/or other dispute resolution process related to the project. 24. Project closeout administration 25. Inspections of any kind during the 1-year warranty period. If Client desires final 11-month warranty inspection, these services can be provided for additional fee. Client Responsibilities 1. Provide any applicable project data requested by Consultant 2. Provide input for design decisions 3. Timely reviews of draft documents Driving Community and Industry Forward, Together. CITY OF JEFFERSON LAW DEPARTMENT REQUEST FOR CONTRACT Date submitted: 6/29/22 Department requesting contract: Public Works Departmental contact person: Eric Seaman Has this gone through the Purchasing Department? ❑✓ Yes ❑No If yes, please state the bid number if applicable: RFQ - Prior Work Sample Contract: Is this a sample contract? ❑ Yes ❑✓ No If yes, is the anticipated amount over $75,000? ❑ Yes El No Is it required to hire a design specialist or architect? ❑ Yes ❑✓ No Contract Information: Description: Basin 7 Work - Time and Material Total amount: not to exceed $68,710 Term: 2 years Is this a renewal of a previous contract? ❑ Yes ❑✓ No If not a renewal, is this similar to a previous contract? ❑✓ Yes ❑ No If yes, please state the previous contract: Bartlett & West, Dunklin St Bridge 2018 Contractor Information: Company/Organization name: Bartlett & West, Inc Contact person: Gary Davis, P.E. , Engineer VIII Address: 1719 Southridge Drive, Suite 100, Jefferson City, MO 65109 Phone: 573-659-6731 Email: gary.davis(CDbartwest.com Is there a specific deadline? ❑ Yes ❑✓ No If yes, please state date and nature of deadline: Are federal funds being used? ❑ Yes ✓❑ No If yes, please include required federal terms with submittal to Law Department. Is City Council/Parks Commission approval required? ❑✓ Yes ❑ No If yes, please state if there is a desired Council/Commission meeting date for introduction: July 18, 2022 Signature Block: ❑✓ Mayor ❑ City Administrator ❑ Parks' Commission President ❑ Director of Parks Please attach copies of the following (mark those applicable): ❑ Scope of service ❑ Solicitation document ✓❑ Vendor response ❑ Other (specify) Other Comments: