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Home My Public Portal AboutORD14217 BILL NO. 2007-29 • SPONSORED BY COUNCILMAN Councilman Klindt ORDINANCE NO. / 4;)- 1 7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A CONTRACT WITH WAL-MART INC. TO PROVIDE SANITARY SEWER TO THE NEW SITE BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized to execute a contract with Wal-Mart, Inc. to provide sanitary sewer to the new site. Section 2. The contract shall be substantially the same in form and content as the contract attached hereto as Exhibit A. I Section 3. This Ordinance shall be in full force and effect from and after the date of its pass a and approval. • Passed: �� FPrPRD 6 I r iding Officer Mayor ATT T: AS TO FORM: y Clerk City Counselor zl 7 THE CITY OF JEFFERSON CITY MISSOURI and WALMART STORES EAST, LP COOPERATIVE AND COST PARTICIPATION AGREEMENT THIS AGREEMENT is entered into by THE CITY OF JEFFERSON CITY, MISSOURI and THE CITY OF JEFFERSON CITY WASTEWATER DIVISION (collectively hereinafter, "City") and WAL-MART STORES EAST, LP, a Delaware limited partnership, (hereinafter, "Wal-Mart"). WITNESSETH: WHEREAS, Wal-Mart was prepared and had developed plans to construct a wastewater sewerage lift station to provide for the wastewater and sewerage needs for the Wal-Mart Store to be located at State Highway 50 and City View Drive in the City; and WHEREAS, the City has determined that the construction of a Regional Wastewater Sewerage Pumping Station would better serve Wal-Mart and the community; and NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: 1. PURPOSE. The purpose of this Agreement is to memorialize the parameters of the Cooperative and Cost Participation Agreement by and between the City and Wal-Mart for the cost of construction of a Regional Wastewater Sewer Improvements. • 2. LOCATION. The Regional Wastewater Sewerage Pumping Station improvement and route for sewerage lines that are the subject of this Agreement (the "Improvements") shall be constructed substantially as depicted in Exhibit A. 3. AMENDMENTS. Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representatives of the City and Wal-Mart. 4. CITY REPRESENTATIVE. The City of Jefferson Wastewater Division Engineer is designated as the City's representative for the purpose of administering the provisions of this Agreement. The City's representative may designate by written notice other persons having the authority to act on behalf of the City in furtherance of the performance of this Agreement. 5. LAW OF MISSOURI TO GOVERN. This Agreement shall be construed according to the laws of the State of Missouri. The City shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement. 6. PLANS AND CONSTRUCTION. The City shall be responsible for preparation of plans, specifications, and construction of the Improvements, including design, letting of Project, and inspection of Project. The City will prepare final designs for the Project; the design to be in accordance with all State, Federal and industry recognized codes and standards related to the construction of a Regional Wastewater Sewerage Pumping Station. The parties acknowledge that the City of Jefferson City is responsible for the acquisition of the necessary easements and • right of way to construct the Project. C:\DOCU ME-1\NNI CKO-1\LOCALS-1\Temp\notes6030C8\SewerCostShareAg09.doc Page 1 (a) Wal-Mart Construction and Design Approvals. Wal-Mart shall have the • right to review the plans and specifications so as to ensure that the gravity flow system will have more than sufficient flow capacity to address the outflow requirements of the planned Wal-Mart Store and any other potential development within the sewer system tributary area, and that the engineering specifications of the City's design can be -practically achieved given the topographical features or limitations of the Wal-Mart Property. Wal-Mart shall have the right to review and approve any portion of the work that will be performed on the Wal-Mart Property. If Wal-Mart has any objection to the plans they shall explain their objections to the City in writing and the City shall work with Wal-Mart's engineers to make mutually satisfactory revisions. Plans shall be deemed approved if no objection is received by the City within fifteen days (15) of receipt of plans by Wal-Mart. (b) Timeliness. Plans shall be prepared and submitted to Wal-Mart and construction completed in a timely manner so as to allow the Improvements to be completed in time for the Wal-Mart Store to be tied into the wastewater and sewerage lines before December 1, 2008. (c) Work on Wal-Mart Property. The City shall comply with the terms of the attached Addendum with respect to any work done on the Wal-Mart Property by the City, its agents, contractors or licensees. 7. FINANCIAL RESPONSIBILITIES. The City will be responsible for providing all k. funds',to construct the Improvements, including preliminary engineering, right of way acquisition, E. utilityirelocation and as well as overall construction and inspection. • (a) Wal-Mart will contribute to the City as Wal-Mart's share of the costs of the Improvements including all connection and tap fees into the new system except for regularly monthly service bills Three Hundred and Nine Thousand One Hundred Sixty Dollars ($309,160.00); same being the estimated costs for Wal-Mart's separate on-site pump station, force main and associated facilities as itemized in Exhibit B. the Opinion of Probable Cost. Said payment shall be made before Wal-Mart will be issued a Certificate of Occupancy by the City. (b) The City shall be responsible for all costs in excess of Wal-Mart's contribution. 8. RIGHT OF WAY. All improvements made within the City or state-owned right-of- way or property shall become the City's property, and all future alterations, modifications, or maintenance thereof, will be the responsibility of the City. Wal-Mart will donate, without charge, any easements over its property reasonably necessary to construct a sewer line substantially as shown on Exhibit A and any other easements over its property reasonably necessary to construct such other mains, pump stations, or other common structures and sewer improvements as shall be approved by Wal-Mart. 10. SEWER SERVICES. The City shall be solely responsible for the provision of adequate wastewater disposal for the Wal-Mart Store and shall maintain, repair and replace the sewerage facilities constructed pursuant to this agreement in such a manner as to provide uninterrupted sewer services. 9. VENUE. It is agreed by the parties that any action at law, suit in equity, or other C:\DOCU ME-1\NN ICKO-1\LOCALS-1\Temp\notes6030C8\SewerCostShareAg09.doc Page 2 judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall • be instituted only in the Circuit Court of Cole County, Missouri. 10. SOLE BENEFICIARY. This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and Wal-Mart. 11. NO INTEREST. The act of contributing to the cost of this project or improvement shall not provide Wal-Mart or any other potential beneficiary of this project any interest in the constructed improvements whatsoever. 12. AUTHORITY TO EXECUTE. The signers of this Agreement warrant that they are acting officially and properly on behalf of their respective institutions and have been duly authorized, directed and empowered to execute this Agreement. 13. NOT A JOINT VENTURE. Nothing contained in this Agreement shall be deemed to constitute the City and Wal-Mart as partners in a partnership or joint venture for any purpose whatsoever. 14. SECTION HEADINGS. All section headings contained in this Agreement are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. ;f 15. ADDITIONAL FUNDING. In the event the City obtains additional federal, state, local,':,private or other funds to construct the improvement being constructed pursuant to this Agreement that are not obligated at the time of execution of this Agreement, Wal-Mart shall not • receive any reduction in obligation or a return or refund of any funds paid by Wal-Mart pursuant to this.Agreement. 16. ENTIRE AGREEMENT. This Agreement represents the entire understanding between the parties regarding this subject and supersedes all prior written or oral communications between the parties regarding this subject. 17. PARTY ACKNOWLEDGMENT. The parties acknowledge that they rely solely upon their own judgment in making and entering into this Agreement and enter into this Agreement voluntarily based on deliberative processes and without duress. 18. NO ADVERSE INFERENCE. This Agreement shall not be construed more strongly against one party or the other. The parties to this Agreement had equal access to, input with respect to, and influence over the provisions of this Agreement. Accordingly, no rule of construction which requires that any allegedly ambiguous provision be interpreted more strongly against one party than the other shall be used in interpreting this Agreement. 19. VOLUNTARY NATURE OF AGREEMENT. Each party to this Agreement warrants and certifies that it enters into this transaction and executes this Agreement freely and voluntarily and without being in a state of duress or under threats or coercion. 20. SEVERABILITY. If any clause or provision of this Agreement is found to be void or unenforceable by a court or agency of proper jurisdiction, then the remaining provisions not • void or unenforceable shall remain in full force and effect. C:\DOCU M E-1\N N I CKO-1\LOCALS-1\Temp\notes6030C8\SewerCostShareAg09.doc Page 3 IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. CITY: THE CITY OF JEFFERSON CITY AND THE CITY OF JEFFERSON CITY WASTEWATER DIVISION AT T: B By: �nhted Mme: t e I nt Name: o � a-h-Gve�v` Title: o� Date of Execution: Z&1017 APP O FORM: By:- GG� :,Printed Name: V a Title::' • WAL-MART: WAL-MART STORES EAST, LP, a Delaware limited partnership, ATTEST: By: By: Printed Name �c.kaj� Ma-{A-►, �(�� Sh nnon L s 121 Title: Seca., Reg' nal Yce President of Re tate and Design Date of execution: APPROVED AS TO FORM: Approved as to legal termonly By: By Q>c� WAL Printed Name: -MA LE AL TEAM Title: Date o7 2 200 • C:\DOCU ME-1\NN I CKO-1\LOCALS-1\Temp\notes6030C8\SewerCostShareAg09.doc Page 4 i PROPOSED SCHEDULE East Moreau/Algoa PUMP STATION & GRAVITY SEWER Deadline for Consultant submittal March 15, 2007 Review Committee picks consultants March 19, 2007 Design Contract(s) 1St Reading April 2, 2007 Design Contract(s)2nd Reading April 16, 2007 Approximate N-T-P April 17, 2007 Deadline for BOA June 8, 2007 BOA Meeting July 10, 2007 Final Ad to Purchasing by noon July 18, 2007 Advertise July 20, 2007 Pre-Bid Meeting August 1, 2007 Bid Opening August 23, 2007 Recommendation to Purchasing by 10 am August 26, 2007 Council First Reading November 5, 2007 Council Second Reading November 19, 2007 Approximate Agreement Date December 2007 Project Completion December 2008 • EXHIBIT A 77 J r 1 ,£ �..,.` � - � � btu•. is � - ""'..-. .,,,.{ �+r{ � + R �.Ss -v as A �e+ns�nS •'I.Ptoyeetd wsa ' j ' #v f: 4 ,-�'• a0.�; ';:J i,>;.+l.ta .. • t�S k' � k l„•f 't _ '-',}'r+ �k8f�7'�Y®1.�t C<ltq�'1� yi `a � � •f� sA 5� • x r ''hb ?1ar �-►- • '4 ' - - '7w �ry ^ Jd•L`1!s^+.1s+�!',� im3SY = l ZN- + zz MOREAU RIVER - WALMART EXTENSION :�.�: • EXHIBIT B 00 cnnr 3113/2007 CRAWFORD,MURPHY&TILLY,INC Jefferson.City Mo,Mo•Wal-Mart 5477-00 One Memorial Drive,Suite 506,St.Louis,MO 63102 CMT 0300"" (314)436-5500 opinion of Probable Cost on-Site Pump Station and Force Main Quantity Unit Unit Cost Extended Cost Pump Station Mobilization 1 Lu Sum $10,000.00 10,000.00 Rock Excavation 94 C,Y. $45.00 4,230.00 Rock Base and Backffll 56 C.Y. $35.00 1:960 00 Furnish&Install 6'I.D.20'Deep Wet Well 1 Ea. $25,000.00 25,000.00 j Furnish&Install 5'I.D.6'Deep wet Well 1 Ea. $15.000.00 - - - 15,000:00 Furnish&Install Submersible Pumps 2 Ea. $15,000.00 30000,00 Furnish and Install Pump Discharge Pipe 6"Flanged DI 60 L.F. $150.00 9000.00 i Furnish&Instalt,4•and 6"DI Fittings 760 Lb. $7.OD 5;320.00 Furnish&Install 6"Check Valves 2 _Ea. $2,500.00 _ 5,000.00 f Furnish&Install 8°Plug Valves 3 Ea. $2,500.00 _ 7;500.00 Furnish&Install 6"Electrical Service 1 Lump Sum $12,000.00 12,000.00 Furnish&Install 6"PS Control Panel 1 Lump Sum $25,OOD.00 25,000.00 Furnish&Install PS SCADA 1 Lump Sum $8,000.00 12,000.00 Site work 1 1 Lump Sum $8,000.00 8000.00 Fences and Gates 1 Lump Sum $10,000.00 10,000 00 Sub-tout 180,010.00 Aiftrce Main Sewer Extension ch PVC force main 2050 L.F. $25.00 51 250.00 ch Ductile Iron force Main Bored&Jacked In Steel Casing(Boring in Rock) 300 L.F. $200.00 60.000.00 odify.SannaryManholes 4 Each $800.00 3;200:00 Select GranularBackflll 700 C.Y. $16.00 11,20000 Trench Excavation(Rock) 70 C.Y. $50.00 - 3;500.001 Sub-total 129,150.00 Total Estimated Construction Cost 309,160.00 1 Addendum to Easement Agreement tNotwithstanding anything to the contrary in the attached document: Grantee agrees to use due care in any use of the easement herein granted and in the construction, installation, repair, replacement and maintenance either Grantee's improvements or the easement area as provided for herein so as not to unreasonably disturb Grantor's use of its property. Grantee agrees to return the easement area to its condition which existed prior to the installation of any of its improvements in the easement area, including but not limited to the replacement of any sod, landscaping, paving or other improvements that existed within the easement area prior to such installation. Grantee will forever waive and hold Grantor harmless for, and defend Grantor against, any claims, losses, causes of action, and suits which arise from Grantee's, its agents', employees' or invitees' acts or omissions, including but not limited to the use of the easement herein granted and will indemnify Wal-Mart for any losses suffered due to any such claims, losses, causes of action or suits. The easement granted hereunder is a permanent easement and will continue in full force and effect so long as the easement is used by the Grantee, its successors and assigns. Notwithstanding, Grantor shall have the right at its sole option and expense to relocate said easement upon Grantor's property. Upon fifteen (15) days written notice Grantee • shall release and extinguish all its rights . granted pursuant to this easement. Grantee shall not interfere with Grantor's business operations while utilizing this easement. In exercising any rights and privileges under this easement, Grantee shall comply fully with any federal, state or local laws, regulations, ordinances, permits or other authorizations or approvals or other requirements relating to storm water discharges or the control of erosion or sediment discharges from construction projects, including but not limited to the Clean Water Act, 33 U.S.C. § 1251 et seq., and the Storm Water General Permit for Discharges Associated with Construction Activities (collectively the "Storm Water Requirements"). Grantee shall secure, maintain and comply with all required licenses, permits and certificates relating to, or otherwise necessary or appropriate for, the construction, installation, repair, replacement and maintenance of either Grantee's improvements or the easement area as provided for herein. Grantee shall comply with any and all applicable federal, state and local laws, rules, regulations, statutes, codes, orders and ordinances, including, but not limited to, those governing the prevention, abatement and elimination of pollution and/or protection of the environment and the employment of its workers. Grantee shall (i) comply in all respects with all immigration laws, statutes, rules, codes and regulations, (ii) properly maintain all records required by the United States Citizenship and Immigration Services (the "USCIS"), including, without limitation, the completion and maintenance of the Form 1-9 for each of Grantee's employees, and (iii) respond in a timely fashion improvements or the easement area as provided for herein to make the • covenants set forth in this paragraph. •