HomeMy Public PortalAboutORD16417BILL NO. 2023-089
SPONSORED BY Councilmember Spencer
ORDINANCE NO. //, 1-//7
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A $70,300 AGREEMENT WITH BARR
ENGINERING COMPANY FOR THE SLOPE STABILIZATION PROJECT.
WHEREAS, Barr Engineering Company, was selected as the firm best qualified to
provide design services related to the Slope Stabilization Project
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. Barr Engineering Company, Inc. is declared to be the best qualified
and is hereby approved as the best firm to provide Phase II professional design/build
services for the Slope Stabilization Project.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Barr Engineering Company, Inc. for the Slope Stabilization 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 Offic
ATTEST:
2024
Approved: AP 21 L Z ( �f
Mayor ' • - " itzwater
APPROVED AS TO FORM:
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, hereinafter referred to as
"City", and Barr Engineering Company hereinafter referred to as "Contractor".
WITNESSETH:
THAT WHEREAS, the City desires to engage the Contractor to render ce1tain engineer design
services for stream stabilization at I 13 I Boonville Road, Jefferson City, MO 65101, hereinafter described
in Exhibit A.
WHEREAS, Contractor has made ce1tain 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.
Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for engineer
design services of stream stabilization at 1131 Boonville Road, Jefferson City, MO 65101, as set f01th 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 according to the
payment schedule set fotth in the contract documents upon acceptance of said work by an Agent of the City
of Jefferson's Planning and Protective Services, and in accordance with the rates and/or amounts stated in
the proposal of Contractor dated January 12, 2024, which are by reference made a pa1t hereof. 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 Seventy Thousand Three Hundred Dollars
and Zero Cents ($70,300.00).
3. Term.
This contract shall commence on the date last executed by a party as indicated below. The Contractor shall
perform said work in accordance with the contract documents as set forth in Exhibit A, within two (2) years.
4. Additional Services.
The City may add to Contractor services or delete therefrom activities of a similar nature to those set fotth
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 undettake 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
2
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 appmval of the City.
6. Contmctor's Responsibility for Subcontractors.
It is fiu1her agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its
subcontractors, and of persons either dil'ectly 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 inset1ed
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 pmvisions of this
contract. Nothing contained in this contract shall create any contractual relations between any subcontractor
and the City or between any subcontractors.
7. lll(lenemlent 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 Immig1·ation.
Prior to commencement of the work:
a. Contrnctor shall, by sworn affidavit and provision of documentation, affirm its enrollment
and pa11icipation 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 pmprietorship, pat1nership, 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. Tennination.
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, 01· 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
3
effective day of such termination. The City reser·ves the right to terminate this contract for convenience by
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 with cause terminate this contract upon 30 days prim·
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 B1·each.
Failme 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 effott of both patties 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 th is 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 rep01ts 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. Conficlentiality.
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.
4
19. Indemnity.
To the fullest extent permitted by law, the Contractor will defend, indemnify and hold harmless the City,
its elected and appointed officials, employees, and agents from and against any and all claims, damages,
losses, and expenses including attorneys' fees arising out of or resulting from the performance of the work,
provided that any such claim, damage, loss or expense ( l) is attributable to bodily injury, sickness, disease,
or death, or to ittjmy to or destruction of tangible properly (other than the work itself) including the loss of
use resulting thernfrom and (2) is caused in whole or in pait by any negligent act or omission of contractor,
any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation
of indemnity which would otherwise exist as to any party or person described in this paragraph.
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 injmy 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, $3,500,000 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 Recol'ds.
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 Contrnctor warrants that they have 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 01· 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
5
contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage,
brnkerage fee, gifts, or contingent fee.
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 01· 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. Governing Law.
The contract shall be governed by the laws of the State of Missomi. The comis of the State of Missouri
shall have jurisdiction over any dispute which arises under this contract, and each of the patties shall submit
and hereby consents to such comts 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
Public Works/Wastewater
320 East McCatiy Street
Jefferson City, Missouri 65101
If to the Contractor:
Barr Engineering Company
Craig Bunger, P. E,
I 001 Diamond Ridge, Suite 1100
Jefferson City, Missouri 65109
[Signatures to follow 011 next page.]
CITY OF JEFFERSON, MISSOURI
Mayor, Ron Fitzwater
Date: ----
ATTEST:
City Clerk
APPROVED AS TO FORM:
BARR ENGINEERING COMP ANY -ac~
Title:'
Date: ----
ATTEST:
,--2
1/4101 ';?~ Title:
6
6
CITY OF JEFFERSON, MISSOURI
BARR ENGINEERING COMPANY
Title: Vice President Ro Morrison
Date: February 7, 2024
ATTEST: ATTEST:
ity Clerk , ,`4. Title: Sehior Civil,Efigineer, Craig Bunger
APPROVED AS TO FORM:
_-1
City Attorney
February 2, 2024
Eric Seaman
Wastewater Division Director
City of Jefferson City, MO
320 E. McCarty
Jefferson City MO 65101
EXHIBIT A
resodurceful. n1atura1lly. BARR
engineering an environmenla consu lanls
Re: Proposal for the City of Jefferson to prepare engineering design for stream
stabilization at 1131 Boonville Rd. Jefferson City, MO; Parcel # 0508270004004001
Dear Eric,
Barr Engineering Company {Barr) has prepared this estimate for the City of Jefferson (City) to provide
engineering design for stream stabilization at the 1131 Boonville Rd. property in Jefferson City, MO; Parcel
# 0508270004004001 (1131 Boonville).
Scope
Barr proposes the following scope to evaluate and design measures to correct severe erosion and
destabilization of an unnamed tributary to Gray's Creek on the subject property.
Site Evaluation
Task 1 -Site Visit
Barr will conduct a site visit to view the current conditions of the streambank degradation. Barr will collect
photos and global positioning system (GPS) data using a hand-held unit. Barr will compare site conditions
with survey data collected in June 2023 as part of the determination whether additional topographic data
is needed to complete the project.
Task 1 will not be completed if the property owner does not provide authorization for Barr to complete
this site visit. Estimated budget to complete Task 1 will be removed from the project if site access is not
granted.
Task 2 -Desktop Information
Watershed data for the site will be collected from publicly available sources to begin development of a
hydrologic and hydraulic (H&H) model of the watershed. Barr will collect, organize, and aggregate the
following data:
• UDAR topographic data from existing public sources; Barr may request higher-resolution
Barr Engineering Co. 1001 Diamond Ridge, Suite 1100, Jefferson City, MO 65109 573.638.5000 www.barr.com
Eric Seaman
Page 2
topographic data from the City to the extent that it is readily available.
• Land use and pervious surface data from existing public sources.
• Existing stormwater control infrastructure information including locations, types, dimensions,
composition, and invert elevations, to the extent available from the City.
Task 3 -Additional Topographic Surveying
Barr will coordinate with the City and Central Missouri Professional Services, Inc. (CMPS) if additional
topographic surveying is necessary to complete design. Barr has included the cost for this additional
topographic surveying in its budget and it is assumed that CMPS would subcontract to Barr to provide
this service if requested.
Task 4 -Hydrologic and Hydraulic Modeling
Barr will use the data collected to develop an existing-conditions PCSWMM models for the site watershed.
PCSWMM is a software package developed and maintained by Computational Hydraulics International
(CHI) and provides a GIS-based graphical user interface to the Storm Water Management Model
(SWMMS) engine developed and maintained by the United States Environmental Protection Agency (EPA).
H&H models developed using the CHI PCSWMM package can be viewed, edited, and re-run using free
software provided by EPA.
Generation of stormwater runoff will be simulated in PCSWMM using the SWMM runoff non-linear
reservoir method. This method simulates hydrologic processes to determine the amount of rainfall that
will infiltrate, evaporate, or remain on the ground surface and the amount that will become runoff. The
PCSWMM model then simulates water flowing through the storm sewer pipe network as well as through
surf ace flow paths such as streets, ditches, swales, and streams.
Hydrologic parameters used to model stormwater runoff in PCSWMM include rainfall depth and intensity,
subwatershed area, slope, connected impervious percentage, depression storage, roughness, and soil
infiltration parameters. Hydraulic parameters used to model stormwater conveyance in PCSWMM include
storage curves; storm sewer pipe diameter, shape, length, invert elevations, and roughness; and surface
channel cross-sectional information.
The 25-year, 24 hour and 100-year, 24-hour Atlas 14 design events will be modeled for the watershed to
simulate larger storms within the watershed. Once the existing conditions model is developed it will be
refined or calibrated to simulate and replicate past stormwater impacts for certain rainfall events where
anecdotal, measured or photographed records are available. This will be done to confirm the model
accurately replicated past events to enable Barr to determine its accuracy, before using to analyze
possible stream bank stabilization improvement options at the site.
Barr will update the model during conceptual design and final design described in Task 5 and Task 6
below to incorporate streambank stabilization methods. Multiple model iterations may be necessary in
each design phase as the design is refined.
Stream Stabilization Design
Task 5 -Conceptual Design and Opinion of Probable Construction Cost
Eric Seaman
Page 3
In this task, Barr will conceptually design streambank stabilization for the degraded section of stream at
1131 Boonville Road. Using the existing conditions PCSWMM model, Barr will incorporate this concept
stabilization into the PCSWMM model to evaluate its impact on upstream and downstream flow
characteristics. Peak flow rate, peak flow velocity, and peak water elevation are among the output
parameters from the PCSWMM models. These output parameters will be used to design the concept
stabilization method.
Barr has assumed that streambank stabilization will include a combination of bank slope flattening and
rock armoring as the basis for estimated design costs provided in the Budget and Staffing section below.
Barr will develop conceptual design drawings and prepare a Class 5 opinion of probable construction cost
for City review and comment. Comments will be addressed as the design is advanced in Task 6.
Task 6 -Final Design and Updated Opinion of Probable Construction Cost
Barr will address City comments provided for the concept stabilization design and refine the concept
stabilization design to a final design. The final design documents will include a set of plans and
specifications. The Class 5 opinion of probable construction cost will be updated to an Engineer's Estimate
based on the final plans and specifications.
Permitting
Task 7 -United States Army Corps of Engineers (USACE) Permit Application
Barr will coordinate a 404 Permit preapplication meeting/site visit with the USACE state regulatory office
permit staff in Jefferson City. This scope assumes that Nationwide Permit 13. Bank Stabilization (NWP 13)
will be required. Barr will prepare a preconstruction notification for the City's review and approval prior to
the commencement of any construction activity. Generally, the NWP 13 applies to projects that are no
more than 500 feet along the bank, however, if necessary, Barr will petition the USACE for a waiver for a
greater length, which is allowed by the NWP 13. Barr will incorporate applicable permit requirements and
general conditions into construction specifications as appropriate. Barr will review any specific mitigation
measures required by the USACE, (i.e., avoiding, minimizing, rectifying, reducing, or compensating for
resource losses), including any compensatory mitigation calculations.
Project Management
Task 8 -Project management, meetings and e-mail updates
Barr will provide project management activities including client and subcontractor coordination, provide
project updates, and budget tracking.
Barr will schedule check-in meetings with the City based on their preferred schedule for updates. Barr has
budgeted for monthly meetings with the City, but this can be adjusted if the City would like to meet more
or less frequently than monthly.
Barr will prepare bi-weekly scope and budget e-mail updates for City team members.
The budget for Task 8 has been distributed between the other 7 tasks.
Eric Seaman
Page4
Deliverables
• Concept Plans
• Class 5 Opinion of Probable Construction Cost
• Final Plans and Specifications
• Engineer's Estimate
Assumptions
• The City will arrange for access to the site for Task 1 and Task 4 if possible.
• Budget included for Task 3 is to provide Barr coordination and observation during the
topographic survey as well as the subcontracted CMPS fees to collect survey data.
• Barr has assumed that streambank stabilization will include a combination of bank slope
flattening and rock armoring as the basis for estimated design costs provided in the Budget and
Staffing section below.
• The City will provide any existing data from the property, including photographs of the degraded
stream, historic investigation data, or other data pertinent to the design.
Budget and Staffing
Table 1 includes the estimated project costs.
i'$trearff,sia~rlizalioff~es·i6'rE;:·~7f~it}''.~'~'~"'~:-~~:1~~;:'',:faiU ---.-,-, _ --------------• ,, ----------
Task 5 -Concept design and cost estimate $15,700
· T:I:f.OC~~~::~;f'}iij~1:~~§rnuli'.6,ij:Jq~fis.1imat~}~si1:s{iIItlii1fjttt:Ii1}it:(ft~ftl~I,;;[;i"i!J,1;;~ 'tteft':~tl}f?tiili:~\}~'iJ~!}t,I$i~;(~PR?
Permitting
::;\:';f-t~¥kJ:i·v~'A~fI~~(ffitt'iPP(!f~fi?~i:"iis'(;f;},'!;f!;;i\\\,;fif:;f:-:1lt~::Jf~liJ!ji1f;iH'.1:::ff}~~0s~; :,tti:fi{::tftf:JII'.t1Wt1}Jiil\{;,ti$~~~QQ;-
lncluded Above
'!FX':H(i!Hf ii;'.tt;t'ii~_i;t{fi'$1Q!i§6C
Barr may adjust budget between individual tasks but will not exceed the total budget estimate without
your prior approval. Barr will invoice the City on a time·and-materials basis.
Barr's team members are listed in Table 2. Barr may include other team members based on the needs of
the project.
Eric Seaman
Page 5
Table 2 Team Members
Justin Brown Senior Engineering Technician
If you have any questions about this proposal, please feel free to contact Craig Bunger at
cbunger@barr.com or by phone at 573-638-5017. Thank you.
Sincerely yours,
BARR ENGINEERING CO.
Rob Morrison
Vice President, Sr. Water Resources Engineer