HomeMy Public PortalAboutORD14015 BILL NO. 2005-149
• SPONSORED BY COUNCILMAN Martin
ORDINANCE NO. I q,Ol S
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HORNER&SHIFRIN,
INC. FOR THE HAYSELTON PUMP STATION PROJECT.
WHEREAS, Homer&Shifrin, Inc, has been selected as the firm best qualified to provide
professional services related to the Hayselton Pump Station project;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. Homer & Shifrin, Inc. is hereby approved as the best qualified firm to
provide professional services and Its proposal is hereby accepted.
Section 2.The Mayorand City Clerk are hereby authorized to execute an agreement
with Homer& Shifrin, Inc. for the Hayselton Pump Station 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:,)' 2W,/lL Approvl /G, 20U6
/SPT esiding Officer MaAT AP OV D AS TO FORM:
ity Cl rk City Counselor
•
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• CONTRACT FOR PROFESSIONAL SERVICES
THIS AGREEMENT,made and entered into this day of March, 2006, by and between
the City of Jefferson, Missouri, a municipal corporation, hereinafter referred to as the
"City"with offices at 320 East McCarty, Jefferson City, Missouri, 65101, and Horner &
Shifrin, Inc., with offices at 5200 Oakland Avenue, St. Louis, Missouri, 63110,
hereinafter referred to as the "Consultant".
WITNESSETH:
THAT, WHEREAS, the City desires to engage the Consultant to render certain
technical and professional planning services hereafter described in Exhibit A.
WHEREAS, the Consultant 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 performances of services
by the Consultant.
NOW,THEREFORE,in exchange for the mutual covenants contained herein,and
• after good and valuable consideration, the parties hereby agree as follows:
1. Scone of Services. The City agrees to engage the services of the Consultant to
perform the services hereinafter set forth in connection with the project 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 carrying out the scope of services. The Consultant shall not be liable
for the accuracy of the information furnished by the City.
•
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• 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 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.
S. 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 Sixty Thousand Dollars ($60,000.00)for all design services,
Three Thousand Eight Hundred Eleven Dollars($3,811.00) for all bidding services, and
Thirty-Seven Thousand Two Hundred Fifty-One Dollars ($37,261.00) for construction
inspection services unless specifically and mutually agreed to in writing by both the
City and Consultant. 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 (6) 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
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• 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; and City shall not be relieved of responsibility to
pay consultant for that part of the total work completed by Consultant prior to
cancellation of this Agreement.
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.
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 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 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 defend, indemnify, and hold the City harmless from
and against all claims, losses, and liabilities arising out of personal
• injuries, including death, and damage to property which are caused by the
Consultant arising out of or in an), way connected with an omission by or
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• negligence on the part of , the Consultant in the performance of this
contract.
14.. Documents. That reproducible 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 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 Director of Community
Development, 320 East McCarty, Jefferson City, Missouri, 65101, and the Consultant,
at Horner & Shifrin, Inc., 5200 Oakland Avenue, st. Louis, Missouri, 63110. The date
and delivery of any notice shall be the date falling on the second full day after the day
of its mailing.
•
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• EXECUTED THIS AP DAY OF MA/L l//� 2006.
CITY OF JEFFERSON HORNER & SHIFRIN, INC.
i
Mayo Title: Vvem&Vits
A T: � ATTEST:
City CIA Title:
APPR VE A O FORM:
City ounselor
•
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• EXHIBIT A
BASIC SCOPE OF PROJECT SERVICES
NEW HAYSELTON PUMP STATION
1.New Pump Station Design (NTE$60,000)
A. Preliminary Design Services: ($31,725 Lump Sum)
1. Confirm proposed wet well size(52,000 gallons based on City report).
2. Confirm and expand hydraulic evaluation
3. Provide brief project narrative that recommends pump selection and optimum wet
wetwell construction to City.
4. Production of 50% design drawings and technical specifications. Transmit four (4)
preliminary plans and technical specifications.
5. Preliminary construction cost estimate.
6. Schedule a teleconference with the City staff to review the recommended improvements.
Note: City to provide subsurface exploration, all utility coordination, and front end
. documents for the specifications.
B. Final Design Services: ($15,118 Lump Sum)
1. Prepare final construction plans.
2. Compute final quantities for the project.
3. Prepare technical/special provisions that can be inserted into the Citys front-end
documents ready for bid advertisement. Items to be included are one (1) set of
reproducible mylars and one(1)electronic copy compatible with Auto CAD,and one(1)
electronic set of technical/special provisions and list of bid items/quantities.
4. Submit copies of the final design plans, technical/special provisions, list of bid
items/quantities and cost estimates to the City staff for review.
Note: City to interface with all required government agencies(MDNR,Army CoE, etc.)
and acquire necessary permitting.
C. Subconsultant Services: ($7,938 Lump Sum)
1.Topographic surveying
2. Easement legal descriptions and insertion to City's standard easement form
D. Materials and expenses: ($5,219 Not To Exceed)
TOTAL DESIGN SERVICES =$60,000
If. Bidding Phase Services: (Time and material NTE$3,811)
1. Answer contractor questions and issue bid addenda as requested by City.
• 2. Attend, assist and document one Pre-Bid meeting.
1
• Note: City to copy all documents and distribute to plan rooms and bidders.
TOTAL BIDDING SERVICES=$3,811
III. Construction Phase Services: (Time and material NTE$37,251)
1. Attend preconstruction conference
2. Review contractor-submitted shop drawings and material submittals for compliance
with contract requirements as requested by the City.
3. Respond to Contractor field questions with respect to design intent.
4. Review equipment substitutions with the City
5. Coordinate periodic site visits
G. Compile record drawings with alterations to the drawings.
7. Start up and operator assistance to City staff at pump station testing and startup
8. Prepare and submit MDNR certificate of completion
TOTAL CONSTUCTION SERVICES= $37,251
IV. Special Investigations: (Cost Plus/Hourly Not To Exceed$2,000)
During the course of the design and/or right-of-way acquisition phase, certain unforseen
. investigations may be required. Examples may include geotechnical investigations,
geotechnical/hydrological investigations for contaminated soil and/or environmental
testing,historical investigations, various record searches, grave sites and/or other
investigation or analysis work. The work shall be initiated only with the approval of the
City and shall be billed to the City at an Hourly Cost or Cost+ 10%administration fee.
V. Schedule:
Preliminary Plans&Cost Estimate 72 days from Notice to Proceed
Final Plans, & 77 days from approval/comment on Preliminary
Special Provisions Plans
•
2
i
• V1. Summary of Costs
Preliminary Design $31,725.26
(Lump Sum)
Final Design $15,118
(Lump Sum)
Subconsultant Services $7938
(Hourly Not-To-Exceed)
Materials and Expenses
(Expense/Mileage
Not-To-Exceed) 5 2$ 18.74
TOTAL DESIGN $60,000
Bidding Services
(Time/Material
Not-To-Exceed) $3,811
• Construction Services
(Time/Material
Not-To-Exceed) $37,251
Special Investigations $2904
(Cost Plus/Hourly
Not-To-Exceed)
TOTALS $103,062
•
3
• EXHIBIT B
RESPONSIBILITIES OF CITY
It is Engineer's understanding that the City will provide the following assistance,
information, and/or related elements for the New Hayselton Pump Station Project:
A. Assistance by placing at Engineer's disposal all available current information
pertinent to this assignment; including previously developed plans, specifications,
reports,permits, and other data. City shall be responsible for, and Engineer shall
rely on correctness of information, drawings, etc. made available by the City,
without the need of verification.
B. Appropriate liason with the City's staff involved in this effort.
C. Reasonable access to other data and records related to this assignment that
Engineer may determine a need for.
D. The City will identify major possible conflicts (utilities, property owners,
governmental agencies, etc.) for the project.
E. The City will gather needed information on existing utilitites in the project area
• and the City will submit the 95 percent complete plans and specifications to
appropriate utilities and agencies for review.
F. The City will accomplish necessary interfacing with permitting agencies as required
for the project.
G. City will prepare and submit permit applications to MDNR for Construction Permit
and Army Corps of Engineers for the project.
H. The City will prepare and provide the front-end contractual sections of the project
specifications and the Engineer will prepare and provide only the technical
specifications to the City.
I. The City will be responsible for reproducing the plans and specifications for the
bidding phase and construction phase of the project. The Engineer will furnish
reproducible originals of the plans and technical specifications for use by the City.
J. City will provide the work necessary to determine the depth to rock for the sanitary
sewer, force main and pump station. City will pot hole the pump station site with a
City backhoc and measure the depth to rock. City will locate the rock probe test sites.
Note: Per the City's direction, no geotechnical investigations/report will be prepared
for the design phase or construction phase of the project.
• 1 of 2
• EXHIBIT B (CONTINUED)
K. City will respond to questions from Contractors during the bidding
phase of the project, with the exception of critical technical questions which
the Engineer will assist in the response to.
L. City will evaluate the bids received for the project and the City will award the
the construction contract for the project.
M. City will provide on-site construction surveillance of the project during a 6 month
construction time period. City will attend progress meetings with the Contractor, and
the Engineer will attend the Pre-Construction Meeting and two other progress
meetings during the 6 month construction time period.
Note: Responsibilities of the Engineer shall be as identified and stated in Exhibit A
Basic Scope Of Project Services—New Hayselton Pump Station.
•
• 2of2
cicy ar ,
" of erson t
'1 COMMUNRY DEVELOPMENT IU N Memorandum
•320 East McCarty street • Jefferson City, Missouri 65101 " P: 573.634,6410 • F: 5 73.6 34.6 562 • wwwjeffcltymo.org/cd
Date: December 15, 2005
To: Nathan Nickolaus, Interim City Administrator
Through: Pat Sullivan, P.E., Director of Community Development
From: Eric Seaman, P.E. Wastewater Division #443
Subject: New Hayselton Pump Station Consultant Selection
This project will replace the oldest pump station In the system and serve the entire drainage
basin 15 including the new River Bluff Condominiums on West Main.
Qualifications for the above referenced project were distributed to the selection committee
December 2, 2005. On December 15, 2005, the committee met to select the design firm. The
proposals were based on the background of successful similar projects completed, the
credentials of the design team, the length of time proposed to complete the project and hourly
fee/costing method based on the following percentages;
Similar projects 30%
Design Team credentials 25%
0,Time schedule to complete design 35%
Hourly fee schedule 10%
The committee recommends Horner & Shifrin, Inc. of St. Louis for this project. The committee
had a compiled ranking as follows;
1. Horner& Shifrin, Inc.
2. Donohue & Associates
3. Jacobs Engineering
4. HDR, Inc,
5, Bartlett & West, Inc.
6. Gredell Engineering Services
Upon your notice to proceed with developing a final scope of work and contract amount which I
Intend to present to Council in January. If you have any questions, please let me know.
CC Terry Stephenson w/ submittals and forms
•
"building a better community"
C:1Documenls and Settingslaseaman ft Documenlslhaysellon basin 151nathan memo recommend consultant.doc
OF
City of Jefferson
• City Counselor's Of j�iee
Voice (573)634-6315, Fax (573) 634-6504
TO: Eric Seaman, Wastewater Utility Division Director
FROM: Nathan M. Nickolaus, City Counselor 111W.
RE: New Hayselton Pump Station Consultant Selection
DATE: December 21, 2005
I approve ofyourproceeding with developing a final Scope of Work and placing this on the Council
Agenda in January. Let's aim for the second Council Meeting in January.
• cc: Pat Sullivan
Phyllis Powell
•
• EXHIBIT A
BASIC SCOPE OF PROJECT SERVICES
NEW HAYSELTON PUMP STATION
I.New Pump Station Design (NTE $60,000)
A. Preliminary Design Services: ($31,725 Lump Sum)
1. Confirm proposed wet well size(52,000 gallons based on City report).
2. Confirm and expand hydraulic evaluation
3. Provide brief project narrative that recommends pump selection and optimum wet
wetwell construction to City.
4. Production of 50% design drawings and technical specifications. Transmit four (4)
preliminary plans and technical specifications.
5. Preliminary construction cost estimate.
6. Schedule a teleconference with the City staff to review the recommended improvements.
Note: City to provide subsurface exploration, all utility coordination, and front end
"�documents for the specifications.
B. Final Design Services: ($15,118 Lump Sum)
1. Prepare final construction plans.
2. C6mpute final quantities for the project.
3. Prepare technical/special provisions that can be inserted into the City's front-end
documents ready for bid advertisement. Items to be included are one (1) set of
reproducible mylars and one(1)electronic copy compatible with Auto CAD,and one(1)
electronic set of technical/special provisions and list of bid items/quantities.
4. Submit copies of the final design plans, technical/special provisions, list of bid
items/quantities and cost estimates to the City staff for review.
Note: City to interface with all required government agencies (MDNR, Army CoE, etc.)
and acquire necessary permitting.
C. Subconsultant Services: ($7,938 Lump Sum)
1. Topographic surveying
2. Easement legal descriptions and insertion to City's standard casement form
D. Materials and expenses: ($5,219 Not To Exceed)
TOTAL DESIGN SERVICES=$60,000
H. Bidding Phase Services: (Time and material NTE $3,811)
1. Answer contractor questions and issue bid addenda as requested by City.
2. Attend, assist and document one Pre-Bid meeting.
1
Note, City to copy all documents and distribute to plan rooms and bidders.
TOTAL BIDDING SERVICES=$3,811
III. Construction Phase Services: (Time and material NTE $37,251)
1. Attend preconstruction conference
2. Review contractor-submitted shop drawings and material submittals for compliance
with contract requirements as requested by the City.
3. Respond to Contractor field questions with respect to design intent.
4. Review equipment substitutions with the City
5. Coordinate periodic site visits
G. Compile record drawings with alterations to the drawings.
7. Start up and operator assistance to City staff at pump station testing and startup
8. Prepare and submit MDNR certificate of completion
TOTAL CONSTUCTION SERVICES =$37,251
IV. Special Investigations: (Cost Plus/Hourly Not To Exceed $2,000)
During the course of the design and/or right-of--way acquisition phase, certain'unforscen
• investigations may be required. Examples may include geoteeltnical investigations,-..'-
geotechnical/hydro logical investigations for contaminated soil and/or environmental
testing, historical investigations, various record searches, gave sites and/or other
investigation or analysis work. The work shall be initiated only with the approval of the
City and shall be billed to the City at an Hourly Cost or Cost+ 10%administration fee.
V. Schedule:
Preliminary Plans& Cost Estimate 72 days from Notice to Proceed
Final Plans, & 77 days from approval/comment on Preliminary
Special Provisions Plans
• 2
V1. Summary of Costs
Preliminary Design $31,725.26
(Lump Sum)
Final Design $15,118
(Lump Sum)
Subconsultant Services $7938
(Hourly Not-To-Exceed)
Materials and Expenses
(Expense/Mileage -
Not-To-Exceed) $5,218.74
TOTAL DESIGN $60,000
Bidding Services
(Time/Material
Not-To-Exceed) $3,811
• Construction Services _
(Time/Material
Not-To-Exceed) $37,251
Special Investigations 20 _
(Cost Plus/Hourly
Not-To-Exceed)
TOTALS $103,062 '
• 3
• EXHIBIT B
RESPONSIBILITIES OF CITY
It is Engineer's understanding that the City will provide the following assistance,
information, and/or related elements for the New Hayselton Pump Station Project:
A. Assistance by placing at Engineer's disposal all available current information
pertinent to this assignment; including previously developed plans, specifications,
reports, permits, and other data. City shall be responsible for, and Engineer shall
rely on correctness of information, drawings, etc. made available by the City,
without the need of verification.
B. Appropriate iiason with the City's staff involved in this effort.
C. Reasonable access to other data and records related to this assignment that
Engineer may determine a need for.
D. The City will.identify major possible conflicts (utilities, property owners, j
governmental agencies, etc.) for the project.
E. The City will gather needed information on existing utilitites in the project area
• and the City will submit the 95 percent complete plans and specifications to
appropriate utilities and agencies for review.
F. The City will accomplish necessary interfacing with permitting agencies as required
for the project.
G. City will prepare and submit permit applications to MDNR for Construction Permit
and Army Corps of Engineers for the project.
H. The City will prepare and provide the front-end contractual sections of the project
specifications and the Engineer will prepare and provide only the technical
specifications to the City.
I. The City will be responsible for reproducing the plans and specifications for the
bidding phase and construction phase of the project. The Engineer will furnish -
reproducible originals of the plans and technical specifications for use by the City,
J. City will provide the work necessary to determine the depth to rock for the sanitary
sewer, force main and pump station. City will pot hole the pump station site with a.
City backhoe and measure the depth to rock. City will locate the rock probe test sites.
Note: Per the City's direction, no geotechnical investigations/report will be prepared
for the design phase or construction phase of the project.
. 1 of 2
EXHIBIT B (CONTINUED)
• K. City will respond to questions from Contractors during the bidding
phase of the project, with the exception of critical technical questions which
the Engineer will assist in the response to.
L. City will evaluate the bids received for the project and the City will award the
the construction contract for the project.
M. City will provide on-site construction surveillance of the project during a G month
construction time period. City will attend progress meetings with the Contractor, and
the Engineer will attend the Pre-Construction Meeting and two other progress
meetings during the G month construction time period.
Note: Responsibilities of the Engineer shall be as identified and stated in Exhibit A
Basic Scope Of Project Services—New Hayselton Pump Station. -
• 2 of2