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HomeMy WebLinkAboutRes.2997.07-05-2016 BILL NO. 16-116 RESOLUTION NO. 02997 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL SERVICES AGREEMENT WITH PURE TECHNOLOGIES U . S . INC . , FOR PIPELINE CONDITION ASSESSMENT PROJECTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a General Services Agreement with Pure Technologies U . S . Inc. , for pipeline condition assessment projects, in the City of Cape Girardeau, Missouri . A copy of said Agreement is attached to this Resolution and made a part reof . PASSED AND ADOPTED THIS l DAY OF 414 2016 . #11 . Har y E . •ed ._er, May. ir ATTEST: a truce Tay .: fC �`- .r. Deputy City Clerk Ip, h i- 3 Q `i T O. \71---1% •=.1,� o f• . >_( J, Mi . *�9R Vii"y (� s \�V.n'EA�J .^1115 CITY of CAPE GIRARDEAU DEVELOPMENT SERVICES CONTRACT For Pipeline Condition Assessment Projects CONSULTANT NAME: PURE TECHNOLOGIES, US Inc. THIS CONTRACT is between the City of Cape Girardeau, Missouri, hereinafter referred to as the "City", and PURE TECHNOLOGIES, US Inc., 3636 South Geyer, Suite 100, St. Louis, Missouri 63127, hereinafter referred to as the "Consultant". INASMUCH as funds have been made available by the City through its Capital Improvement Program for Sewer and Water System Improvements, the City intends to perform and complete these various projects and improvements and requires professional services. The Consultant, upon the City's request through written Task Orders, will provide the City with any and all professional services hereinafter detailed for the planning, design and/or construction inspection of the desired improvements and the City will pay the Consultant as provided in this contract and subsequent Task Orders. It is mutually agreed as follows: ARTICLE I - SCOPE OF SERVICES A. DESIGN /PROJECT LAYOUT PHASE—The Consultant will if requested by the City: 1. determine the needs of the City for the project; 2. conduct necessary system and topographic surveys sufficient to develop an operations plan for the project; 3. arrange for necessary system investigations if needed for preparation of the operations plan 4. submit appropriate copies of Operations Plans and cost estimates for review by the City; B. BIDDING PHASE—Not needed. Pure Technologies is a sole source provider for this type of service. See attached documentation. C. CONSTRUCTION/OPERATIONS PHASE—Consultant shall implement the Construction or Operations Plan according proposals approved by the City. City shall issue a Notice To Proceed for each Task to be performed. Consultant's services will include more specifically as follows if needed: 1 1. assist the City with a preconstruction conference to discuss project details 2. Perform the approved work 3. prepare change orders for issuance by the City as necessary and assure that proper approvals are made prior to work being performed; 4. provide reports on the analysis and evaluation work performed to the City. Said reports to be used to assist in making well informed plans for sound asset management decisions. ARTICLE II - ADDITIONAL SERVICES The City reserves the right to request additional work; changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed and submitted for the approval of City prior to performing the additional or changed work or incurring any additional cost thereof. Any change in compensation will be covered in the supplement. ARTICLE III - RESPONSIBILITIES OF CITY The City will cooperate fully with the Consultant in the development of the project, including the following: A. make available all information pertaining to the project which may be in the possession of the City; B. provide the Consultant with the City's requirements for the project; C. make provisions for the Consultant to enter upon property at the project site for the performance of his duties; D. examine all studies and layouts developed by the Consultant and render decisions thereon in a prompt manner so as not to delay the Consultant; E. designate a City employee to act as City's representative under this contract, such person shall have authority to transmit instructions, interpret the City's policies and render decisions with respect to matters covered by this agreement; F. perform appraisals and appraisal review, negotiate with property owners and otherwise provide all services in connection with acquiring all right-of-way and easements needed to construct this project. ARTICLE IV - PERIOD OF SERVICE The Consultant will commence work within two weeks after receiving signed a Task Order and notice to proceed from the City. The phases of work shall be completed in accordance with the associated Task Order. The times are exclusive of review time by other agencies and exclusive of time needed to acquire right- of-way. The City will grant time extensions for unavoidable delays beyond the control of the Consultant. Requests for extensions of time should be requested in writing by the Consultant, stating fully the reasons for the request. ARTICLE V - STANDARDS The Consultant shall be responsible for working with the City in determining the appropriate design parameters and construction specifications for the project using good Engineering judgment based on the specific site conditions, City needs, and guidance provided in the most current version of the City of Cape Girardeau's Standard Specifications and Drawings. ARTICLE VI - COMPENSATION For services provided under this contract, the City will compensate the Consultant as determined in the Task Order based on Consultant's Charge Out Rates as determined below: 1. Charge Out rates shall include all direct payroll, general and administrative overhead, specialized equipment costs, payroll taxes, holiday and vacation pay, sick leave pay, insurance benefits, retirement and incentive pay. 2. Additional work incurred by others on a subcontract basis, said costs are to be passed through the Consultant on the basis of reasonable and actual cost as invoiced by the subcontractors, only if required and approved by the City. METHOD OF PAYMENT — Unless otherwise stated in the Task Order, partial payments will be made to the Consultant for work satisfactorily completed upon receipt of itemized invoices by the City. 1. Invoices will be submitted monthly. Invoices submitted on or before the 20th day of any month shall become due and payable on the 10th day of the following month. Invoices for each Task Order shall be submitted separately. 2. City's Right to Withhold Payment. In the event the City becomes informed that any representations of the Consultant provided in its monthly billing,are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to the Consultant until the inaccuracy and the cause thereof, is corrected to the City's reasonable satisfaction. The Consultant shall correct or revise any errors or deficiencies in its designs, drawings or specifications without additional compensation when due solely to Consultant's negligent acts, errors, or omissions. 3 PROPERTY ACCOUNTABILITY — If it becomes necessary to acquire any specialized equipment for the performance of this contract, appropriate credit will be given for any residual value of said equipment after completion of usage of the equipment. ARTICLE VII - COVENANT AGAINST CONTINGENT FEES The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, 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 agreement 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, gift, or contingent fee, plus reasonable attorney's fees. ARTICLE VIII - SUBLETTING, ASSIGNMENT OR TRANSFER No portion of the work covered by this contract, the contract itself, or any Task Order; except as provided herein, shall be assigned, sublet or transferred without the written consent of the City. The subletting of the work shall not relieve the Consultant of his primary responsibility for the quality and performance of the work. The Consultant may engage subcontractors for the purposes of: foundation borings and tests, abstracts of title, archaeological studies, and environmental studies, if required and approved by the City. ARTICLE IX - PROFESSIONAL ENDORSEMENT All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect the name and seal of the Professional Engineer endorsing the work. By signing and sealing the Plans, Specifications, & Estimate submittals, the Engineer of Record will be representing to the City that the design is meeting the intent of the program. Any review or approval by the City of any documents prepared by the Consultant and/or its subconsultants including but not limited to the plans and specifications, shall be solely for the purpose of determining whethei such documents are consistent with City's construction program and intent and shall not be construed as approval of same by City. No review of such documents shall relieve Consultant of its responsibility for the accuracy, adequacy, fitness, suitability, and coordination of its work product. Consultant shall assign only qualified personnel to perform any service concerning the Project. At the time of execution of the Task Order, the parties will agree on the Project Manager for the Task. This person shall be the primary contact with the City's Project Manager and shall have authority to bind Consultant. ARTICLE X - RETENTION OF RECORDS The Consultant shall maintain all records,survey notes,design documents,cost and accounting records, construction records, and other records pertaining to this contract and to the project covered by this contract, for a period of not less than three years following final payment by City. Said records shall 4 be made available for inspection by authorized representatives of the City during regular working hours at the Consultant's place of business. ARTICLE XI - OWNERSHIP OF DOCUMENTS Plans, tracings, maps, and specifications prepared under this contract shall be delivered to and become the property of the City upon termination or completion of work. Basic survey notes, design computations, and other data prepared under this contract shall be made available to the City upon request. All such information produced under this contract shall be available for use by the City without restriction or limitation on its use. If the City incorporates any portion of the work into a project other than that for which it was performed, the City shall save the Consultant harmless from any claims and liabilities resulting from such use. ARTICLE XII -TERMINATION The City may terminate the contract at any time by giving written notice. If the contract is terminated because the project is abandoned or postponed by the City, the Consultant will be paid for actual time and covered expenses incurred up to the date of termination, plus a pro-rated portion of any fixed fee. If the contract is terminated due to the Consultants services being unsatisfactory in thejudgment of the City, or if the Consultant fails to prosecute the work with due diligence, the City may procure completion of the work in such manner as it deems to be in the best interest of the City. A Notice of Termination will be sent to the Consultant and the Consultant shall have a period of ten (10) days to remedy the cause for termination. The Consultant will be responsible for any excess cost in addition to that provided for in this contract or any damages the City may sustain by reason of the termination of this contract due to unsatisfactory performances or prosecution. When Consultant services have been so terminated,such termination shall not affect any rights or remedies of the City against the Consultant then existing or which may later accrue. Similarly, any retention or payment of monies due the Consultant shall not release the Consultant from liability. ARTICLE XIII - DECISIONS UNDER THIS CONTRACT The City will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The City's decision shall be final and conclusive. ARTICLE XIV - SUCCESSORS AND ASSIGNS Subject to the restrictions on assignments in Article VIII above, the City and the Consultant agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XV - COMPLIANCE WITH LAWS The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. Consultant shall further comply with the following state law requirements: 5 Work Authorization Program. If the Contract is for services expected to cost more than$5,000.00, the Consultant shall comply with of Section 285.530 RSMo., pertaining to enrollment and participation in a federal work authorization program (as defined therein) and shall provide verification through an affidavit (attached as Attachment C) that the Consultant (1) does not knowingly employ any person who is an unauthorized alien in connection with the Contract and (2) is enrolled in a federal work authorization program and provide documentary proof thereof. The affidavit shall contain the notarized signature of the registered agent, legal representative, or corporate officer of the Consultant including but not limited to the human resources director or their equivalent. Proof of Lawful Presence. Section 208.009 RSMo., requires that all applicants at the time of application for any contract provided by a local government provide "affirmative proof that the applicant is a citizen or a permanent resident of the United States or is lawfully present in the United States." Consultant's affirmative proof must be established through(1) a Missouri driver's license, (2) any "documentary evidence recognized by the department of revenue when processing an application for a driver's license," or (2) "any document issued by the federal government that confirms an alien's lawful presence in the United States." §208.009.3 ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the City from all claims and liability due to his negligent acts or the negligent acts of his employees, agents, or subcontractors. The City shall be entitled to recover its actual attorneys' fees from Consultant for the City's enforcement of this Agreement. Except to the extent that such damages are covered by the Consultant's Professional Liability Insurance, as provided by Section XVII hereof, neither party hereto will be liable to the other for consequential, indirect, incidental, or special loss or damage suffered by the other party or any third party, or for any punitive damages, even if advised of the possibility thereof and notwithstanding the failure of essential purpose of any remedy. ARTICLE XVII - INSURANCE The Consultant shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance in full force and effect to protect the Consultant from claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for damages to property arising from the negligent acts, errors, or omissions of the Consultant and its employees, agents and subconsultants in the performance of the services covered by this Agreement, including, without limitation, risks insured against in commercial general liability policies. The Consultant shall also maintain professional liability insurance to protect the City against the negligent acts, errors, or omissions, of the Consultant and those for whom it is legally responsible, arising out of the performance of professional services under this Agreement. Unless another amount is agreed to by the City based on the circumstances, the Consultant and his subconsultants shall procure and maintain during the life of this Agreement insurance of the types and minimum amounts as follows: 6 • Insurance Type Amount Worker's Compensation: In full compliance with statutory requirements of Federal and State of Missouri Comprehensive General and Professional Liability, including: Comprehensive Automobile Liability, $411,000 each person Employer Liability, City's Protective Bodily Injury $2,740,000 each occurrence Including Death, and City's Protective Property Damage: The City's Protective policy shall name the City as the Insured. Certificates evidencing such insurance shall be furnished to the City prior to the Consultant commencing the work on this project. The certificates must state, "The CITY OF CAPE GIRARDEAU is an additional insured". The City reserves the right to adjust the limit coverage requirements in accordance with changes in the statutory sovereign immunity limits over the life of this contract to reflect any changes in the limits as published by the Missouri Department of Insurance in the state register pursuant to RSMo. §537.610. The Consultant shall, upon request at any time, provide the City with certificates of insurance evidencing the Consultant's commercial general or professional liability policies and evidencing that they and all other required insurance is in effect, as to the services under this Contract. Any insurance policy required as specified in this Article shall be written by a company that is incorporated in the United States of America or is based in the United States of America. Each insurance policy must by issued by a company authorized to issue such insurance in the State of Missouri. ARTICLE XVIII - FINDINGS CONFIDENTIAL To the fullest extent permitted by law, all reports, information, data, etc. prepared or assembled by the Consultant under this contract are confidential, and the Consultant agrees they shall not be made available to any individual or organization without the prior written approval of the City. ARTICLE XIX - NONDISCRIMINATION The Consultant, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of 1964, as amended. More specifically, the Consultant will comply with the regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405 which are herein incorporated by reference and made a part of this contract. In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Consultant's obligations under this contract and the regulations relative to non-discrimination on the ground of color, race or national origin. 7 ARTICLE XIX - PERIOD OF SERVICE This contract shall remain in eficet for five years from the date accepted by the City of Cape Girardeau City Council or until the Transportation Trust Fund 5 projects are completed. ARTICLE XX - ATTACHMENTS The following exhibits are attached hereto and are hereby made part of this contract: Attachment A — Charge out rates for 2016 and 2017 Attachment 13 — Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions Attachment C — Affidavit of Participation in Federal Work Authorization Program Executed by the Consultant this oTA day off . 20 1(o. Executed by the City this day of . 20 FOR: CITY OF CAPE . ARDEAU -ttu >JE BY: .� � `.� � '�� darn\. Scott Meyer. City i\ <unage v , o. ATTEST:l�.�I r� `�1<> / oN Bruce Tayl Deputy City Clerk J�zt�£ Upt , PO12: Imo ' vj� OCIh: ', INC. i I3 !�/ • NAM :FiSiv..S6 .Thkai ,JS(_, . 1\\I11F . Written Name ATTEST•: tads ''_.1 8 ATTACHMENT A BREAK OUT RATES FOR YEARS 2016 and 2017 SmartBall®Assessments For water and wastewater pipeline condition assessments, minimum 8-inch diameter pipeline, minimum length: 1 mile. Mobilization & Planning $ 25,000/project Indudes site review,planning document prep,inspection equipment calibrating,crew mobilization,all necessary planning to perform the SmartBall inspection. This work will be invoiced upon delivery of the pre-planning document. Smartball Inspection and Analysis-wastewater force mains $ 15,000/mile One insertion and extraction of the Smartball tool for each force main and analysis of acoustic data for leaks and gas pockets. This work will be invoiced upon completion of the field work. Smartball Inspection and Analysis-water mains $ 12,000/mile One insertion and extraction of the Smartball tool for each force main and analysis of acoustic data for leaks and gas pockets. This work will be invoiced upon completion of the field work. PWA®Analysis-metallic pipes $2.50/ft Includes data analysis of DIP with data collection,analysis and reporting of the PWA data included the final report. This work will be invoiced upon delivery of the Final Report. Final Report $ 10,000/pipeline Includes summary and results of the inspection and analysis data. This work will be invoiced upon delivery of the Final Report. Sahara Leak Detection®Assessments For water and wastewater acoustic and visual (water mains only) survey, minimum 8-inch pipeline diameter, minimum mobilization-2 days field inspection. Mobilization & Planning $ 35,000/project Includes site review, planning document prep, inspection equipment shipping and calibrating, crew mobilization, all necessary planning to perform the Sahara inspection. This work will be invoiced upon delivery of the pre-planning document. Inspection $ 17,000/day Includes one-day,on-site performing the Sahara®acoustic leak and gas pocket survey inspection,and a summary letter report of inspection data,leak location information,including GPS coordinates of available leak locations. • 9 ATTACHMENT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS • INSTRUCTIONS FOR CERTIFICATION By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transaction" provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 10 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the Nonprocurement List at the Excluded Parties List System. https://www.epl s.gov/epl s/search.do?page=A&status=current&agent y=69#A. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible,or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b)of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. II 2. / ere the �• . `Mary participant is unable to certify to an of the statements in this • _� ficat n. sulk prospective participant shall attach an explanation to this proposal. 4 PaV,.IAcc9 . laI stJ 1l1 l7. l: • Signature (person with authority) Printed Name JVie. ?eacAecoc dol ; i(o Title Date I' ATTACHMENT C AFFIDAVIT OF PARTICIPATION IN i FEDERAL WORK AUTHORIZATION PROGRAM Comes now FLtWcLC(A i3JQC60,AL 111 O.r (name) as \J is 2" ecVi.Qf* (office held) first being duly sworn, on my oath,affirm ?l fe 1 eesnno\O , , IJ 7f- C. (Company Name) "Consultant" is enrolled and will continue to participate in a federal work authorization program in respect to employees that will work in connection with the contracted services related to Pipeline Condition Assessment Projects and any incidental items associated with this work for the duration of the contract, if awarded, in accordance with Section 285.530.2, Revised Statutes.of Missouri. I also affirm that the Consultant does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services for the duration of the contract, if awarded. Attached to this affidavit is documentation of the Consultant's participation in a federal work authorization program. (ATTACH DOCUMENTATION SHOWING THAT COMPANY PARTICIPATES IN FEDERAL WORK AUTHORIZATION PROGRAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE,AS PROVIDED IN THE GENERAL CONDITIONS) In Affirmation thereof the facts stated above are true and correct (The undersigned understands thu alse statements made in this filing are subject to the penalties provided under" _"eco' i•0, SMa tj_ -"e FxAvJ R) A 62.41 Ldts,l\1 Q E. Signature person with authority) Printed Name Title Date Net) -s em State of Missouri— ) ) ss. County of crnec< ) Subscribed and sworn to before me this(--t day of ,--S.../19.- 20)ID. ivly commission expires: " Public ALLISON r_ c;l(.; F . U(.?Y PUBLIC OF'ild. 1."....y - ID.'24351'n ":GOi:i:452'2 E1Sli'3''i i, ')''_'=18 13