HomeMy Public PortalAboutORD13520 BILL NO. 2002-157
SPONSORED BY COUNCILMAN - Smith, Vooel, Olsen arid Viessman
ORDINANCE NO,
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GEORGE BUTLER
ASSOCIATES FOR THE DIX & INDUSTRIAL INTERSECTION AND BOLIVAR &
MCCARTY INTERSECTION PROJECTS.
WHEREAS, George Butler Associates has been selected as the firm best qualified to
provide professional services related to the Dix & Industrial Intersection and
Bolivar & McCarty Intersection Projects;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. George Butler Associates 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 George Butler Associates for Dix & Industrial Intersection (No. 32066) and Bolivar&
McCarty Intersection (No. 32043) Projects.
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.
r,
Passed:-- . i - l� > Apl)roved:_'
residing Officer Mayor
ATTEST: APPROVED AS TO FORM:
J
City Clerk City Counselor
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CITY OF JEFFERSON
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT, made and entered into this , ��:/. day of April, 2003, by and between the City of
Jefferson, a municipal corporation of the State of Missouri, with offices at 32.0 East McCarty Street,
Jefferson, City, Missouri, 65101, hereinafter referred to as the "City,"and George Butler Associates, Inc„
a corporation of the State of Missouri, with offices at One Renner Ridge Boulevard, Lenexa, Kansas,
62219-9745 hereinafter referred to as the "Consultant."
WITNESSETH:
THAT WHEREAS, the City desires to engage the Consultant to render certain professional traffic
engineering services to analyze, design, and prepare, construction plans and documents for traffic
signals and geometric improvements at the intersections of Bolivar Strr�c:l Will McCarty Street and Dix
Road with Industrial Drive, hereafter described in Exhibit A: and
THAT 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 Consullant.
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 Cansullant to peFfornf It•rc: services hereinafter set forth in
Exhibit A, attached hereto and incorporciled herein by relefenc.c.
2. Additions or Deletions to Services.
The City may add to consultant services or delete therefrom activilio r. o! o 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 7 hereof. The Consultant shall und0rfake such changod aclivifies only upon the direction of
the City. All such directives and charigns shall be in wrilten forn7 and approved by the Director of
Community Development and shall be accepted and cc.untersictned by the Consullanl or its agreed
representatives.
The Consultant will perform any additional wort;requested by tt)e City which,is not specifically covered in
the scope of work as defined herein at a reasonable fee or cornpensolion to be, actreed to between the
City and the Consultant at the: tirne any suO-1 ;ervic( rncly be rFK:juirec.l.
3. Term of Contract.
This Contract shall remain in fcx(::o frc�rn thc:date of execoution for sixty (60) working clays or until August 1,
2003, whichever is soon(-r, unless sooner lem-)innled under ParacTraph 8 hOrecYt or unless extended by
agreement of the poffies.
4. Existing Data_
19 All information, data and reports as are exisling, available and necessary for the canyinc; out of the work,
shall be furnished to the Con%diCi it without charge by the City, and lyre City shall cooperate with the
Consultant in every reasonable way in c:arr/ing out 11-10 sCope of services.
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5. Personnel to be Provided.
The Consultant represents that the Consultant has or will secure at its expense all personnel required to
perform the services called for under this Contract by fhe Consultant. Such personnel shall not be
employees of the City 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 without the written approval of ihr-- City.
6. Notice to Proceed.
The services of the Consultant shall commence as directed in the Notice tc Proceed and shall be
undertaken and completed in accordance with the schedule contained in Exhibit A.
7. Compensation.
The City agrees to pay the Consultant in accordance with the rates sel forth in Exhibit B which shall
constitute full and complete compensation for the Consultant services hereunder. Such compensation will
be paid in progress payments, as established by the City. The final payment will be subject to receipt of
a requisition for payment and a statement of services rendered from the Consultant certifying that the
Consultant fully performed all work to be paid for in such progress pty,yments 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-Two Thousand Dollars
($62,000,00) for all services required unless specifically and mutually agreed to in writing by both the City
and Consultant. No change in compensation shall be made unless there is a substantial and significant
difference between the work originally contemplated by this Contract and the work actually required.
8. Failure to Perform, Cancellation.
If,throw h an cause, the Consultant shall fail to fulfill in time) and proper manner ifs obligations under this
9 Y Y p p g
Contract,orif the Consultant shall violate any of the covenants,agreements,orstipulations 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) duys before the effective day
of such termination. The Consultant or the City may ferminafe this Contract upon thirty (30) days prior
written notice. In the event of termination, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, and reports or ofher materials prepared by the Consultant under
this Contract shall, at the option of the City, become its property, and the Consultant shall be entitled to
receive just and equitable compensation for any salisfactory wcf' completed on such documents and
other materials,
9. Assignment.,
The Consultant shall not assign any interest in this Contract, and shall not transfer any interest in the some
(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 Contract,including the right to change
or delete activities from the Contract or try terminate the some 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 r nay take under
this Contract, though the City will attempt to so notify any such assignee.
10. 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 rnade available to any individual
or organization by the Consultant without prior written approval of the City.
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H. Nondiscrimination,
The Consultant agrees in the performance of the Contract not to discrinitnote or)1he grounds or because
of race, creed,color,national origin or ancestry,sex,religion, handicap, age or political affiliation,against
any employee of the Consultant or applicant for employment and shall include as similar provision in all
subcontracts let or nwrarded hereunder.
12. Independent Contractor.
The Consultant is an independent contractor and nothing contained herein shall constitule or designate
the Consultant or nny of its agents or ernp!oyet,�s as agents or ernpioyees of th , City.
13. Benefits Not Availrable.
the Consultant shnll not be entitled to any of the benefits established for tare employees of the City nor be
covered by the Workrrian's Compensation Program of the City,
14. Liabilltv.,
The parties mutually agree to the following:
(a) In no event shall fire City be liable to the Consultant for special, indirect or consequential
damages, except !hose caused by the City's neglir,ence arising out of or in any way
connected with a breach of this Contract, 1 he rnar,irnum liability of the City shall be limited
to the amount of money to be paid or received by the City under 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 deatn, and darnage to
property which are caused by the negligent acts, errors and omissions of Consultant for
which they woOd be otherwise legally liable, arising out of or in any way connected with
this Contract.
15. Documents.
Reproducibles 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 the
work. Copies of basic survey notes and sketches. charts, c:omputalions, 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.
16. Nonsoiicitation.
The Consultant warrants that he has not employed or retnined any company or person,other than a bona
fide employee working solely for the Consultant, to solicit or secure this Contra,,--t,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 frorn fide award or r naking of this Contract,f-or breach or violation of this warranty,the City
shall have the right to annul this Contract without liability, or, in its discretion, to deduct frornn the Contract
price or consideration, or otherwise recover the full amount of such fee, corrrmission, percentage,
brokerage fee, gifts, or contingent fee.
17. 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
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materials available at their respective offices at all reasonable fimes during the Contract and for a period
of three (3) years following completion of the Contract.
•18. Delays.
The Consultant shall not be liable for delays resulting from causes beyond the reasonable control of the
Consultant;the Consultant has made no warranties,expressed or implied,which are not expressly set forth
In this Contract; and under no circumstances will the Consultant be liable for indirect or consequential
damages.
19, Notices,
All notices required or permitted hereunder and required to be in writing may be given by first class mail
addressed to the City of Jefferson, c/o Public Works, at 320 Cast McCarty Street, Jefferson City, Missouri,
65101, and George Butler Associates, Inc., One Renner Ridge, 9801 Renner Boulevard, Lenexa, Kansas,
66219-9745. The date and delivery of any notice shall be the date falling on the second full day after the
day of mailing.
20. Law to Govern.
This Contract shall be governed by the laws of the State of Missouri as to both interpretation and
performance.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this„�,_(/day of April, 2003.
CITY OF JEFFERSON, MISSOURI CONSULTANT
GEORGE BUTLER ASSOCIATES, INC.
.�-' �,,, (.�'G- r U-ri is 'r/(. �...-- �,,,t,C.•i��,C'L/►'�oD�''"�
Mayor Title: �;•���;,',�'e /
ATTEST: ATTEST:
tty Cler —_—� -- Title:
APPROVED AS TO FQRtv..:-'
City Couhselor
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EXHIBIT A
BASIC SCOTT!: OF PROJECT SERVICES
I. BOLIVAR STREET AND McCARTY STREET INTERSECTION (NTE, $27,500)
A. Traffic Analysis Services: ($3000 Lump Sum)
I, Analyze the existing traffic count information provided by the City along with
information from the City / County Travel Demand Model to determine the present
and future required lane configurations at this intersection.
2. Determine the required extent of on-street parking regulation or restriction adjacent to
provide the required lane configuration.
3. Determine the recommended optimum traffic signal phasing and railroad preemption.
4. Determine the extent of curb, sidewalk, ADA ramp,and other physical modifications that
should be included in the project.
5. Schedule a meeting with the City staff to review the recommended improvements.
B. Preliminary Design Services: ($I0,000 Lurrtp Sum)
I. Prepare preliminary street construction plans, including intersection geometry, curb
returns, sidewalks, lane configurations, driveway modifications, and other details as
required.
2. Prepare preliminary traffic signal design layouts, including pole locations and
dimensions, conduits, pull boxes, detectors, eontrollci, and other required details.
40 3. Prepare a preliminary cost estimate of geometric and traffic signal improvement
construction costs.
4. Submit two (2) copies of the preliminary design plans and cost estimates to the City
staff f'or review.
5. The plan set shall be prepared with a printable border area of 22"04" such that
scalable half size plan sets are easily produced. The actual paper size shall be no
larger than 24"06".
C. Finul Design Services: ($8,500 Lump Suez)
1. Prepare final construction plans including intersection details, curl) return details,
construction details, sidewalk details, driveway modification details, traffic control,
pavement marking, and street light modifications.
2. Prepare Final Construction Plans for the traffic signals at the intersection.
3. Compute final quantities for the project and prepare a final r.mgineer's Cost Estimate.
4. Prepare technical/special provisions that can be inserte=d into the City's front-end
documents ready for bid advertisement. Items to he included are one (1) set of
reproducible nlylars and one (1) electronic copy compatible with Auto CAD, and one (1)
electronic set of technical/special provisions and list of bid items/quantities.
5. Submit copies of the final design plans, technical/special provisions, list of bid
items/quantities and cost estimates to the City staff for review.
6. Schedule a n*rceting with the City Staff'for final plan review.
1
D. Bidding Phase and Construction Related Services: (Hourly Not To Exceed $1000)
1. Answer contractor questions and issue bid addenda as requested by City.
2. ileview contractor-submitted shop drawings and Material submittals for compliance
with contract requirements as requested by the City.
3. Interpret the contract documents, plans and specifications and prepare change orders
as requested by City.
E. Meeting Attendance: (Hourly/Mileage Not To Exceed $3000)
The Consultant shall attend meetings in the City of.lefferson at the specific request of the
City. The purpose of'such meetings may include but are not limited to, plan review
rrtectings, council and committee meetings, public meetings, etc. Prior to attending tine
meeting the Consultant and City shall agree to the number ol'personnel the Consultant
will provide. The cost associated with the conducting the meeting shall he billed at an
hourly rate for those persons attending plus mileage. The. hourly and mileage rates are
shown in the attached fee schedule (Exhibit I3). This item specifically does not include
any meetings the City may elect to attend at the office of the Consultant, any mecting,s
held at the Consultant's office shall be part of the Lump Sum costs noted in the above
items.
F. Special Investigations: (Cost Plus/Hourly Not To Exceed $2000)
During the course of the design and/or right-of-way acquisition phase, certain unforseen
investigations may be required. Examples may include locating septic fields by private
subcontractor, geotechnical investigations, geotechnical/hydrological investigations for
contaminated soil and/or environmental testing, historical investigations, field location of
sensitive utilities, various record searches, grave sites and/or other investigation or
analysis work. The work shall be completed only with the approval of the City and shall
he billed to the City at an (dourly Cost or Cost + 10% administration fee.
G. Schedule:
Traffic Analysis 15 days from Notice-to-proceed
Preliminary Plans & Cost Estimate 30 clays from approval/comment on Traffic Analysis
Final Plans, Cost Estimate & 15 clays from approval/comincrat on Preliminary
Special Provisions Plans
2
111, DIX ROAD AND INDUSTRiAL BOULEVARD INTERSECTION (NTE' $34,5()0)
A. Traffic Analysis Services: ($31100 Lump Slum)
I, Analyze the existing and projectcd traffic count information from the City / County
'Travel Demand Model to determine the present and future required lane con f giirations
at this intersection.
2. Defcrrnine the recornniended optirnunl traffic signal phasing and railroad preemption.
3. Detertnine the extent ofcurb, sidewalk, channelization, and rather physical modifications
that should he included in the project.
4. Determine the recommended location, height, and type of retaining wtal I in the southeast
quadrurt.
5. Schedule a meeting with the City staff to review the rcccarnrnended improvenlents.
B. Preliminary Design Services: ($1 2,5(10 bump Sum)
1. Prepare preliminary street construction plans, including intersection geornetry, curb
returns, sidewalks, lane configurations, driveway modifications, and other details as
required.
2. Prepare preliminary traffic signal design layouts, including pole locations and
dimensions, conduits, pull boxes, detectors, controller, and other required details.
3. Prepare the prchininary design layout of' the retaining wall required in the southeast
quadrant.
4. Prepare a preliminary cost estimate of geometric and traffic signal improvement
construction costs.
5. Submit two (2) copies of the preliminary design plans and cost estimates to the City staff
for review.
6. The plan set shall be prepared with a printable horder area of 22"x:34" such that scalable
half' size plan sets are easily produced. The actual paper size shall be no larger than
24"06".
C. Final Design Services: ($10,0(10 Lump Sum)
1. Prepare final construction plans including intersection details, curly return details,
construction details, sidewalk details, driveway modification details. traffic control,
pavement marking, and street light modifications.
2. Prepare Final Construction Plans for the retaining wall in► the Southeast quadrant.
3. Prepare Final Construction Plans for the traffic signals at the intersection.
4. Compute final quantities for the project and prepare a final Engineer's Cost Estimate.
5. Prepare technical/special provisions that can be inserted into the City's front-end
documents ready for bid advertiselnent. Items to he included are one (1 ) set of
reproducible nlyiars and one (I ) electronic copy compatible with Auto CAI), and one (.I )
electronic set of technical/special provisions and list of hid itemskluantities.
6. Submit copies 01'111C final design plans, contract documents, list of hid ilenlshluantities
and cost estnlates to the City staff for review.
7. Schedule a meeting with the City staff to review the recommended improvements.
3
1 .
D. Bidding Phase and Construction Related Services: (Hourly Not To Exceed $1000)
1. Answer contractor questions and issue bid addenda as requested by City.
2. Review contractor-submitted shop drawings and material submittals for compliance
with contract requirements as requested by City.
3. Interpret the contract documents, plans and specification; and prepare change orders
as requested by City.
E. Meeting Attendance: (Hourly/Mileage Not To Exceed $3(1(IN!))
The Consultant shall attend meetings in the City of Jefferson at the specific request of the
City. The purpose of such meetings may include but are not limited to, plan review
meetings, council and committee meetings, public meetings, etc. Prior to attending the
meeting the Consultant and City shall :agree to the number of personnel the Consultant will
provide. The cost associated with the conducting the meeting shall be billed at an hourly
rate for those persons attending plus mileage. The hourly and mileage rates are shown in
the attached fee schedule (Exhibit S). This item specifically does not include any
meetings the City may elect to attend at the office of the Consultant.
F. Special Investigations: (Cost Plus/Hourly Not To Exceed $5000)
During the course of the design and/or right-of-way acquisition phase, certain unforseen
investigations may be required. Examples may include locating septic fields by private
subcontractor, geotechnical investigations, geotechnical/hydrologieal investigations for
contaminated soil and/or environmental testing, historical investigations, field location of
sensitive utilities, various record searches, grave sites and/or other investigation or analysis
work. A portion of this line item shall be utilized to obtain the geotechnical investigation
for the retaining needed in the southeast quadrant of the intersection. All work completed
under this item shall be done only after the approval of the City and shall be billed to the
City at an Hourly Cost or Cost + 10% administration fee.
G. Schedule:
Traffic Analysis 15 days from Notice-to-{proceed
Preliminary Plans & Cost Estimate 30 days from approval/comment on Traffic Analysis
.Final Plans, Cost Estimate & 15 days from approval/comment on Preliminary
Special Provisions Plans
4
11I. Summary of Costs
Bolivar & McCarty Dix & Industrial
Traffic Analysis $3000 $3000
(Lump Sum)
Preliminary Design $10,000 $12,500
(Lump Sum)
Final Design $8500 $10,000
(Lump Sum)
Bidding/Construction Services $1000 $1000
(Hourly Not-To-Exceed)
Meeting Attendance $3000 $3000
(Hourly/Mileage
Not-To-Exceed)
Special Investigations 2000 5000
(Cost Plus/Hourly
Not-To-Exceed)
TOTALS $27,500 $34,500
5
EXHIBIT B
GEORGE BUTLER ASSOCIATES. INC:.
ENGINEERS/ARC'H ITIi CTS
STANDARD HOURLY CHARGEOUT RATES
EMPLOYMENT CLASSIFICATION HOURLY RATE
Principal ............................................................................................................................................. $200.00
SeniorAssociate ... ........................................ ............................................................. ..................... 165.00
Assoeiate ............................................................................................. .............................................. 135.00
Senior Architect /Engineer/Specialist ............................................................................................. 115.00
AES1 ....................................................................................................................................,............ 95.00
AES11 ...................................................................................................................... ........................ 85.00
AESIII ...............................................................................................I........................................,...... 70.00
SeniorTechnician ............................................................................................................... ........... 100.00
DesignTechnician I ........................................................................................... 72.00
DesignTechnician Il ............................................... ... .................................................................... 58.00
DesignTechnician III ........................................................................................................................ 53.00
CAD Operator/Drafter 1 r
55.0,1
CADOperator/ Drafter 11 ................................................................................................................ 51.00
CADOperator/Drafter III .. ............................................................................................................. 42.(0
Senior Construction Observer ............................................................................................................ 84.00
ConstructionObserver I ................................................................................................................... 69.00
ConstructionObserver 11 .................................................................................................................... 48.00
Field Technician I ............................................................................................. 77.00
Field'Technician 11 ............................................... ........................................................................... 54.00
FieldTechnician III ........................................................................................................................... 40.00
SecretaryI ..................................................................................... ........................... ...................... 63.00
Secretary It .. . . 44.00
GeneralOffice 1 ............................................................................................................................... 4().0()
GeneralOffice 11 ...... ........................................................................................................................ 32.00
RegisteredLand Surveyoi .................................................................................................................. 89.0()
LandSurveyor I ................................................................................................... .... 72.00
LandSurveyor 11 .............................................................................................................................. 49.00
LandSurveyor iII .............................................................................................. ................................ 35.00
2-Man Survey Party ........................................................................................................................... 120.00
3-Man Survey Party ........................................................................................................................... 155.00
4-Man Survey Party ............................................................................. ......... ....,... 190.00
EQUIPMENT
(CAD and Total Station ;purvey Equipment expenses are included in the ahovc- hourly rates unless otherwise
stipulated by contract.)
Global Positioning System Equipment .......................................................... ....................I.............., $20.00/hr./unit
Real Titne Kinematic Global Positioning System Equipment (R't'K) ................ 60.(X)/hr./unit
UtilityLocator. .. ......................................................................................................... 15.00/day
Ground Penetrating Radar Equipment ............................................................................................... 500.(x)/day
Nuclear Density/Soil Testing Equipment ..................... ..... ............................................................... 35,00/day
Concrete Testing I:cluiprnent............................................................................................................... 20.00/day
Traffic Counters ............................................................................. ..................... 20.00 1day
EXPENSES
Reimbursable expenses(travel, vehicle mileage, vehicle rental, printing and plotting, subsistence, luny;distance
telephone,etc.) incurred will be charged at cost plus 10% to cover administrative overhead. The following items
will be charged as shown:
Company Survey Vehicle (Suhurbans) and Vans .............................................................................. $0,4.5/mile
Company Nek-up Truck ............................................... ........... 0.36/mile
Personaland Company Cars .............................................................................................................. 0.36/mile
Effective Date: January 1, 2003
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