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Home My Public Portal AboutORD14189 • BILL NO. 2006-167 SPONSORED BY COUNCILMAN Berry 141 yl ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTRAL MISSOURI PROFESSIONAL SERVICES FOR DESIGN OFTHE ALGOA/EAST MOREAU GRAVITY SEWER. WHEREAS, Central Missouri Professional Services has been selected as the firm best qualified to provide professional services related to the Design of Algoa / East Moreau Gravity Sewer project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Central Missouri Professional Services 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 Central Missouri Professional Services for Design of Algoa / East Moreau Gravity Sewer. 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 lT � Approved: esiding Officer Mayor ATTEST: APPRO D AS TO FORM: City C erk City ounselor Cxd IUD t CITY OF JEFFERSON • CONTRACT FOR PROFESSIONAL SERVICES for Algoa/East Moreau Gravity Sewer ..99 THIS CONTRACT, made and entered into this A%ay A�, 2007,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 Central Missouri Professional Services, Inc., hereinafter referred to as the "Consultant," with offices at 2500 East McCarty Street, Jefferson City, Missouri, 65101. WITNESSETH: THAT WHEREAS, the City desires to engage the Consultant to render certain technical and professional planning services 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 planning services hereinafter described in Exhibit A. 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,provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 6 hereof. 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 Community Development and shall be accepted and countersigned by the Consultant or its agreed representatives. 3. 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 Consultant without charge by the City, and the City shall cooperate with the Consultant in every reasonable way in carving out the scope of services. The Consultant shall not be liable for the accuracy of the information furnished by the City. 4. 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 U:\Contract Files\Professional Services\cmps\rllgoa-E Moreau Gravity Sewer.wpd 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. 5. Notice to Proceed. The services of the Consultant shall commence as directed in the Notice to Proceed and shall be undertaken and completed in accordance with the schedule contained in Exhibit A. 6. Compensation. The City agrees to pay the Consultant in accordance with the terms set forth in Exhibit A, which shall constitute complete compensation for all services to be rendered under this contract. The final payment will be subject to receipt of a requisition for payment and a statement of services rendered certifying that the Consultant fully performed all work to be paid for in such progress payments in conformance with the contract. It is expressly understood that in no event will the total compensation and reimbursement to be paid to the Consultant under the terms of this contract exceed the sum of Eighty Thousand Nine Hundred Dollars ($80,900.00) for all design and consultant services and printing. Such compensation will be paid in progress payments, as specified in Exhibit A, except ten percent (10%) shall be withheld from each phase until it is satisfactorily completed and the finished product for that phase delivered to the City. 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. 7. Failure to Perform,Cancellation. If,through any cause,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 covenants,agreements,or stipulations 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 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, 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 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. 8. Assignment. The Consultant 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. U:\Contract Files\Professional Services\cmps\Algoa-E Moreau Gravity Sewer.wpd 2 9. 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. 10. 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. 11. 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. 12. 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. 13. Liability. The parties mutually agree to the following: a. In no event shall the City be liable to the Consultant for special, indirect, or consequential damages, except those directly or approximately caused by the • City arising out of or in any way connected with this contract. b. The Consultant shall indemnify and hold the City harmless from and against all claims, losses and liabilities arising out of personal injuries, including death, and damages to property to the extent caused by any negligent act or omission on the part of the Consultant related to the services performed under this contract. 14. 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 Consultant its costs of copying and delivering same. 15. Nonsolicitation. The Consultant warrants that he had not employed or retained any company or person, 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 • warranty, the City shall have the right to annul this Contract without liability, or, in its U:\Contract Files\Professional Services\cmps\Algoa-E Moreau Gravity Sewer.wpd 3 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. • 16. 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. 17. 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. 18. Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to the Department of Community Development, 320 East McCarty, Jefferson City, Missouri, 65101, and the Consultant, at Central Missouri Professional Services, Inc., 2500 Eat McCarty Street, Jefferson City, Missouri, 65101. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. EXECUTED THIS DAY OF April, 2007. • CITY OF JEFFERSON, MISSOURI CMP INC. i Mayor ATTEST: ATTEST: City Cl 9k Title: AP ED S O FORM: City ounselor • U:\Contract Files\Professional Services\cmps\tllgoa-E Moreau Gravity Sewer.wpd 4 EXHtBIT A 03.27.07 EAST MOREAU-ALGOA INTERCEPTOR DESIGN SCOPE OF SERVICES CMPS Job #07-039 I. GENERAL BACKGROUND The City of Jefferson proposes to construct a 12"gravity sanitary sewer from Algoa Road at the Moreau River, south to Missouri Route 50/63, with an extension to serve the new Wal-Mart store at the interchange of City View and Route 50/63. The project will be designed to serve the entire watershed to facilitate future development of recently annexed areas, and to serve existing homes along Robinson Road and Moreau View Drive. The project includes additional topographic survey for a proposed pump station site and force main that will transport the wastewater from the point of termination to the North Shamrock Interceptor for conveyance to the City's Regional Wastewater Treatment Facility near the State corrections complex. Tasks identified in this scope for additional detail are as follows: • RESEARCH/SETUP • CONCEPTUAL DESIGN (CONOCO PHILLIPS/MODOT ISSUES) • PERMITTING(CORPS,MODNR,MODOT) • PRELIMINARY DESIGN • RIGHT-OF-WAY—PARCEL DIVISION/EASEMENTS DESCRIPTIONS • FINAL DESIGN • BIDDING • CONSTRUCTION II. RESEARCH-JOB SETUP Compile all previously completed boundary and topographic surveys, site civil designs, subdivisions and easement survey work into a composite drawing to maximize utilization of all historical data. III. CONCEPTUAL DESIGN Prepare a conceptual design with horizontal and vertical alignment utilizing aerial photography and contours along with spot field survey work to define key locations for design limitations. • Establish field control for the entire length of the project. • Field profile key drainage areas that significantly impact design. • Establish contact with Conoco Phillips pipeline to verify sanitary sewer • crossing restrictions. • 0 Field verify location of Conoco Phillips pipeline. • Coordinate proposed corridor with MoDOT from highway crossing to Wal-Mart site. • Coordinate location of service to LePage property for future extension. • Evaluate routing of line under the Route 50/63 bridge or the use of a directional bore with planning budget cost. • Meet with City staff to evaluate conceptual design and finalize preliminary alignment. • Conduct utility coordinating meeting. IV. PRELIMINARY DESIGN • Field topographic survey of selected conceptual alignment for entire length of project to include pump station site. • Engage Corps of Engineers, MODNR, and MODOT, in regard to key elements of permitting process to include parallel alignment along Moreau River bluff and stream crossings to include stream bank stabilization, highway crossings and use of highway right-of-way. • Prepare preliminary design to include plan and profile drawings. • Prepare planning budget cost estimate. • Authorize geotechnical subconsultant to proceed with indepth analysis of structural issues for pump station site and to evaluate subsurface • constructability issues for gravity system. • Review preliminary design with City staff, and obtain authorization to proceed with final design. V. RIGHT-OF-WAY • Prepare parcel division for submittal and approval by City staff to allow site acquisition for pump station site. • Prepare metes and bounds permanent and construction easement descriptions. • Final permits with Corps of Engineers and MODNR. VI. FINAL DESIGN • Prepare final plan and profile drawings for gravity sanitary sewer interceptor • Prepare construction documents to include contract documents,bid proposal, general conditions,technical specifications and special provisions for bid process. • Prepare quantity take off and engineer's estimate. • Submit complete plans and construction documents for final review by the City. OCESS • Assist City as r ed wi meeting. • Assist City wi n ' to contractor questions. • Assi with issuing to dendum. • ssist City with review of bid proposals. STRUCTION • Assist i ith preconstruction meeti • Assist City wit is for i ation. • Assist City with submi of shop drawings. • Assist City with inspection as req ir® • Assist Ci th review of pay estimates. • As ' City with job closure. • rovide contractor with verified field control for construction staking. • • CENTRAL MISSOURI PROFESSIONAL SERVICES, INC. CLIENT: CITY OF JEFFERSON-WASTEWATER DIVISION PROJECT DESCRIPTION: ALGOA EAST MOREAU INTERCEPTOR- DESIGN SERVICES CMPS PROJECT NO.: 07-039 ui w z l - Qw w a - w W O gU) w w m Q oa as Z o? < cCn, v v gi U U TASKS 1 CLASSIFICATIONS z � w >- w z z z Z w w w o (99 lz 2 u— �> Z wc=� w = u r3 E §i -j > > z a wz u- Ir v, zLu zUJ a a a a _ U' d a w w 4 M 4 `J' CURRENT YEAR 2007 HOURLY RATES $100.00 $90.00 $90.00 $80.00 $60.00 $75.00 $120.00 $140.00 $235.00 $260.00 $36.00 TOTAL 1 JOB SETUP&RESEARCH 6 8 40 $4,320.00 2 CONCEPTUAL DESIGN 8 40 40 40 $12,200.00 3 PRELIMINARY DESIGN 8 40 60 120 $23,300.00 4 RIGHT-OF-WAY 8 16 80 16 $10,160.00 5 IFINAL DESIGN 8 80 80 $14,000.00 6 GEOTECHNICAL SUBCONSULTANT $12,000.00 7 CULTURAL RESOURCE SUBCONSULTANT $3,000.00 8 1PRINTING $2,000.00 9 PROCESS ,. 6 16 20 - 0 10 CONST CTION PHASE _.,•• 8�� .. 40 �, :_.....__g0..... :..: TOTAL