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HomeMy Public PortalAboutORD12742 i is BILL NO 97-159 a ° SPONSORED BY COUNCILMAN Haake ORDINANCE NO. 4 � AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GEORGE BUTLER ASSOCIATES FOR TRAFFIC SIGNAL DESIGN. i George Butler Associates has been selected as the firm best qualified to WHEREAS, provide professional services related to the Traffic Signal Design project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF }, l 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 Traffic Signal Design. 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. A,ert7 ,2�, lQgP " Passed: Approved: Y Mayor Presiding Officer. y t ATTEST: APPROVED A FOR ` Y. VityCle ity elor Y Y r t S. r# J uj 1a.1.. 5•'_1`��1�„��.�`3. '{v .ff,1115,t <h t yw .,li ( :: s, t ,a•' f �Y ?sr l 7uZ . CITY OF JEFFERSON CONTRACT FOR PROFESSIONAL SER 14CES ► ;'' THIS CONTRACT, made and entered into this SAay of April, 1998, by and between the City of � Jefferson, a municipal corporation of the State of Missouri, with offices at 320 East McCarty Street, Jefferson, City, Missouri, 66101, hereinafter referred to as the "City,"and George Butler Associates, Inc., a corporation of the State of Missouri,with offices at 1100 Main Street, Suite 1100, Kansas City, Missouri, 64105-2168, hereinafter referred to as the "Consultant." WITNESSETH: `i i THAT WHEREAS, the City desires to engage the Consultant to render certain technical and consulting services as to the Traffic Signal Design Project hereafter described in Exhibit A; and k 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 Consultant. Y;. NOW THEREFORE,for the considerations herein expressed, it is agreed by and between the City and the } Consultant as follows: i s. 1. Scone of Services. The City agrees to engage the services of the Consultant to perform the services hereinafter set forth in Exhibit A,attached hereto and incorporated herein by reference. F 2. Additions or Deletions to Services ,, i z 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 7 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 Public Works and shall be ? accepted and countersigned by the Consultant or its agreed representatives. The Consultant will perform any additional work requested by the City which is not specifically covered in the scope of work as defined herein at a reasonable fee or compensation to be agreed to between the City and the Consultant at the time any such service may be required. r . . Tenn of Contra�g� This Contract shall remain in force from the date of execution until April 30, 1999, unless sooner terminated I. under paragraplr8 hereof or unless extended by agreement of the parties. Ling Ali fr+t.r All information,data and reports as are existing,available and necessary for the carrying out of the work,shall be furniahed to the Consultant without charge by the City, and the City shall cooperate with the Consultant tf; : in ever y reasonable way in carrying out the scope of services. ,4 6. rer's©nnalj7�g1 r 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 b the Consultant.Such Y h 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 r i.. .L:�Ir�cPrantnrl��pn,twniw.�i�+R�tM,tkr wwrialn\oun�racl ilkMwpl .. . .. '- l! C,. F, r ♦ t a. z�� { � r 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 the City. 6. QU99 tILEM -OL 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. 7. SrSt17RSatnoln. The City agrees to pay the Consultant in accordance with the rates set forth in Exhibit A 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 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 Nineteen Thousand Eight Hundred Dollars($19,800.00) 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. r, ie tQ Pprfor , Cancellation, I4 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 i .- of such termination and specifying the effective date thereof, at least five(b) days before the effective day of such termination. The Consultant or the City may terminate 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 other 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 satisfactory work completed on such documents and other materials. ' 9. 11i 4 x 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 i is expressly subject to all rights and remedies of the City under this Contract, including the right to change or t i 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 Contract, though the City will attempt to so notify any such assignee. .l 10. Confidentiality, . jt Any reports, data or similar information given to or prepared or assembled by the Consultant under this "s 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. { 11. No ndi atioxn. 3< The Consultant agrees in the performance of the Contract not to discriminate on the grounds or because of race, m 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 awarded hereunder. l c:til(KI�OINIIfKIY y.uu/flfM1 lt'OM�IM.��INll�l'f MMtlllllY�lVllltKl lU'.IH N�N� - 2 , i 3. it f 12. dni ttc.Ldent Contactor• 1 The Consultant is an independent contractor and nothing contained herein shall constitute or designate the Consultant or any of its agents or employees as agents or employees of the City. 13. kmfb Not.AVailablq, The Consultant shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Workman's Compensation Program of the City. 14. �aal�il i 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 caused by the City's negligence arising out of or in any way connected j with a breach of this Contract. The maximum liability of the City shall be limited to the +� amount of money to be paid or received by the City under this Contract. j (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 damage to property which _ are caused by the negligent acts,errors and omissions of Consultant for which they would 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,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. 16. gnsolicitation, ; ? The Consultant warrants that he has 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. 17. Books and Rgcords„ The Consultnnt 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. 16. DelYa. The Consultant shall not be liable for delays resulting from causes beyond the reasonable control'of the I {.;;. 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. s> CAtncMm1rw ts\yrd wry rn\cnrp butler w m.iute.\nntrrt imm w lei 3 ! ' < '�-/¢ - • » 19. ' All notices required or permittAd 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 East McCarty Street, Jefferson City, Missouri, <" 66101,and George butler Associates, Inc., 1100 Main Street,Suite 1100, Kansas City,Missouri, 64106.2168. y ;.. 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✓� ay of April, 1998. ra CITY OF JEFFERSON, MISSOURI CONSULTANT .. GEORGE BUTLER ASSOCIATES, INC. { Mayor Title: ATTEST: , ATTEST: F City Clerk Title: ' APPROVED TO FO e, M tiE. ( N l t' ! i r22`` [1lreei4mSrui��p,o(�anioq\�eurp Uutl�r ptirinlaMlp,nlr�ct I1mawld 4 , ?�L,A A;, nC 1 1'I,p, �. f FF d tx�,c 07 i k vf., f t , r ; -HUM., ,CE4JRGE BUTLER FAX N0. 9134927240 } r .:wcwy �aw:..CCyr%C 04-01-98 04:10P P.02 Exhibit A: Basic Services, Schedule, and Compensation .Sia „a Consultant shall prefenn the following basic services within the times and for the total compensation stated herein. Ram�wises TASK 1 - PRELIMINARY DESIGN PHASE: EASTLAND DRIVE & ELM STREET ! STADIUM BOULEVARD & WEST EDGEWOOD DRIVE WILDWOOD DRIVE & WEST EDGEWOOD DRIVE SOUTH COUNTRY CLUB DRPVE & WEST EDGEWOOD DRIVE I. We will prepare base design drawings using A.utoCad computer files supplied by the ` City which depict the locations of topographic information encompassing the project limits , including'but not limited to: utility locations, s and driveways parking areas, , building locations, drainage structures, pavement edges and existing Right-of-Way and easement limits. 2 We.wil l develop design traffic volumes using current daily and manually recorded A►:1Vi. and P.M. peals hour traffic counts supplied by the City at each of the study intersections. 1 .. We will complete design analyses to determine traffic signal f t final and/or geometric iniproveinent recommendations as might be warranted based on the design traffic volumes at each of the g P hour e four project intersections. 4. "We will prepare sketch plans and written descriptions of the recommended traffic signal and/or geometric improvements. $. We will present preliminary improvement options to City officials at one meeting to f" � explain xp WVrovement options and obtain comments. City official comments would be utilized to help,evaluate, fine-tune, and select improvement options for detailed design. ! TASK -SIGNAL DESIGN for: �.. &WrLAND DRIVE & ELM STREET S1`AIDIi1M BOULEVARD & WEST EDGEWOOD DRIVE I M We will,prepare Preliminary Design Plans of the selected geometric and traffic si lid k unpruvenrnts for.each of the project intersections. It is anticipated that these geometric improvements will include increased Curb radii at the intersection of Stadiun► Boullev^ard and West Edgcwood Drive. These plan m s:would be completed r 17riglrah Waits of measure aped would be considered approximately 60% complete and :ncludt title sheet, plantprofile sheets, traffic signal tans, lists of major ' P bid.items s4andard slacets, traffic control plan, and pavement marking and signing,plans If AL?Plpcable, the plans will also include the extent and de5enpttons of Right-Of--Way urc ---=,, p �a t areas, extent and descnpbon of needed temporary construction easements, `, a�>�f utaliry mtocation plans, if required. {Y '41fp3�`!r'yc. p", ��,t j 3,r c x11�22 t t r t 3Xi� aI t FKUI�: -,,GEORGE BUTLER FAX y'-W ...,� . 1 w;Qrs : ,.. ,, ,..•.,: 5�,>�',:: N0. • 9134927240 04-01-98 04:11P P •"'"'' .83 y 2. We will present the Preliminary Design Plans to the City for review and meet with the City to discuss Any comments. We will prepare Final Plans, and any required special provisions, in accordance with Preliminary Plan comments. Final plans will be plotted on mylar, signed and ' delivered to the City for final approval and bid letting. i i .TASK 3 - SIGNAL DESIGN for: WILDWOOD DRIVE & WEST EDGEWOGD DRIVE 4 SOUTH COUNTRY CLUB DRIVE & WEST EDGEWOOD DRIVE I 1• We will preps",ire Preliminary Design Plans of the traffic signal improvements for each of the project intersections. The signal design plans will coordinate with geometric I improvements designed by other City Consultants. It is anticipated that these geometric improvements will include increased curb radii at the intersection of Wildwood Drive and West Edgewood Drive, the addition of a south approach to the intersection of Wildwood Drive and West Edgewood Drive, and the future.addition of a southbound right turns lane at the intersection of South Country Club Drive and West Edgewood Drive. The rel' P iminary signal plans would be completed in English and would be considered approximately 60% compete and inlude titles Y e ; ( i 4, required), traffic signal plans, lists of major bid items, standard sheets, and traffic control plan for signal installation. If applicable, the plans will also include the extent ansl descriptions of Right-of-Way purchase areas, extent and description of needed temporary construction easements, and utility relocation plans, if required. 2. We will present the Preliminary Design Plans to the City for review and meet with the ' City to discuss any comments. 3. We will prepare Final Plans, and any required special provisions, in accordance with Preliminary Plan comments. Final plans will be plotted on mylar, signed and delivered to the City for final approval and bid letting. Doliyerables A preliminary design report including skect plans of each intersection improvement. One set of 4y`require d special provisions and one set of mylar originals of final construction plans to � tale City for,bid'letting. i. 7[`a.sk Y shall be coin feted within p 30 calendar days after receipt of a notice to proceed and survey information from the City. Task 2 shall be completed within 30 calendar days after S6 aMovAI of the preliminary design recommendations by the City: Task 3 shall be completed within 60 calendar days after approval of the ref' p urinary design recommendations by the City.. The contract time does not include time for review by the City and other governmental agencies ; Sem,��ncati�rn r • Taisk l Preliminary design, shall be completed for a not to exceed amount of Two Thousand, Vrour Hundeed and Forty-Eight Dollars ($2,448.00). J. as z :i k". r 5 w{ra+Tn r �Y;AFY" . 1 6 ��r 1 All b )S ro �7 , . . . ,, I v Y ' MUM: ::utvtiut bu l Ltti FAX NU. : 9134927240 04-01-98 04:t 2P P:04 W .14 ♦., ry Y f'' . x ,I T I.�1?1I,:; .,1.��-��:�.iI�i.1I 1':;�,e��,-I-,�,I,��,�I-��-),1 1�--,#:,,,i,-.I.1�-1,�� Task 2 tl Si'--I nal design: Eastland Drive&Elm.Street"and Stadium Boulevard & West ,; Edgewood Deivc, shall be completed for a not to exceed amount of Nine Thousand and 'Five i . � '- Hundred and Forty Dollars ($9,540.00). Task 3 T Signal design., Wildwood Drive &West Edgewood Drive and South Country Club ! Drive & 1�1est F�tlgewood Drive, shall be completed for a not to exceed amount of Seven } . Thousand, Eight. Hundred and Twelve Dollars ($7,812.00). I ' 1 Total Compensation for this project shall not exceed the amount of Nineteen Thousand, Tight i . Hundred Dollars ($19,800.00). I.I I I , �� . I I I I . 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