HomeMy Public PortalAboutORD12064 a �
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BILL NO. 93-193
SPONSORED BY COUNCILMAN Haake
ORDINANCE NO. 12064
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERIC TO EXECUTE AN AGREEMENT WITH BRYAN AND
ASSOCIATES CONSULTING ENGINEERS, INC. FOR 1994 STORMWATER
IMPROVEMENT PROJECT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute an agreement with Bryan and Associates Consulting Engineers, Inc. for 1994
stormwater improvement project. The amount expended for the contract shall not
exceed $24,000.00.
Section 2. The agreement shall be substantially the same in form and content
as that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the
date of its passage and approval.
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Passed: 1—t - Approved:, /
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Presidin icer Mayo
ATTEST:
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=fir. CONTRACT FOR FNrziN lriT r
CONTRACT
THIS AGREEMENT, made and entered into this klay of 1994 by
and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter
referred to as the "City," offices at 320 E. McCarty, Jefferson City, Missouri 6S 101, and Bryan
n ty�n
and Associates Consulting Engineers, Inc,, 2717 Industrial Drive, Jefferson City, Missouri 65109
=AS}' hereinafter referred to as the "Engineer."
rF WITNES SETH:
° s WHEREAS, City desires to engage the Engineer to render certain technical and engineering
services hereafter described in Exhibit"A" in connection with the 1994 stormwater drainage project; A
and
1F:"«
WHEREAS, the Engineer made certain representations and statements to the City with
k? respect to the provision of such services and the City ty has accepted said proposal to enter into a
;= contract with the Engineer for the performance o services by the Engineer,
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. NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between
the City and the Engineer as follows:
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1. Scone of Services. The Engineer agrees to perform the engineering and administrative
services described in the attached Exhibit "A."
F 2. Additions or Deletions to Services, The City may add to Engineer services or delete there-
from activities of a similar nature to those set forth in paragraph 1,provided that the total cost of
such work does not exceed the total cost allowance as specified in paragraph 6 hereof. The Engineer
shall undertake such changed activities only upon the direction of the City. All such directives and
changes shall be in written firm and prepared and approved by the office of the Director of Public
Works shall be accepted andt countersigned by the Engineer or his agreed representatives.
The Engineer will perform any additional work requested 1�
q y 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 Engineer at the time any such service may be required.
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 Engineer without charge by the City, and
the City shall cooperate with the Engineer in every reasonable way in carrying out the scope of
services.
The City will furnish, as required for the work and not at the expense of the Engineer, the
following items:
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(a) All maps, drawings, records, audits, annual reports, and other data that are available
`rt . in the files of the City and which may be useful in the work involved under this
.t Contract.
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(b) Access to public and private property, as necessary, when required to conduct field
investigations. {'
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4, Pe�rsonn�l To Be Provided. The Engineer represents that Engineer has or will secure at
its own expense, all personnel required to perform the servit,.es called for under this contract by
( r; Engineer, Such personnel shall not be employees of or have any contractual relationship with the
City except as employees of•the Engineer. All of the services required hereunder will be performed
by the Engineer or under Engineer's direct supervision and all personnel engaged in the work shall
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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.
5. Notice to Proceed. The services of the Engineer shall commence as directed in the Notice
4
to Proceed and shall be undertaken and completed in such sequence as to assure their expeditious �
completion in the light of the
P g purposes of the contract but in any event, all of the services required
hereunder shall be completed within one hundred (100) days from the date of execution of this
contract.
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Rr :' 6. Com_,ensation. The City will pay the Engineer in accordance with the rate set forth in '
Exhibit "B," which shall constitute full and complete compensation for the Engineer services
hereunder. Such compensation will be paid in progress payments, as established by the City. The
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final payment will be subject to receipt of a requisition for payment and a statement of services
rendered from the Engineer that the Engineer fully performed with 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 Engineer under the terns of this contract
exceed the sum of Twenty-four Thousand Dollars ($24,000.00) for all services required unless
°{ specifically and mutually agreed to in writing by both the City and Engineer. No change shall be
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made unless there is a substantial and significant difference between the work originally
contemplated by this agreement and the work actually required.
For the services covered by this Contract the City agrees to pay the Engineer as follows:
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Y (a) For the services outlined in Paragraph 1 - SCOPE OF SERVICES,the City agrees
to pay the Engineer a fee computed on the basis of(1) hourly rates that include base
salary cost, direct payroll additives,general and administrative overhead and profit,
and(2)reimbursable direct expenses. The term "base salary cost" shall be the actual
amounts paid employees of the Engineer, prior to deductions or withholding, based
on each employee's hourly rate. Base salary cost does not include direct payroll
additives, general and administrative overhead or profit. The term "direct payroll
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.t additives" shall include payroll tax, retirement, health and accident insurance, '
'�- vacation pay,holiday pay, sick leave pay and incentive pay. The term "general and
administrative overhead"shall include such indirect costs as clerical,telephone, dues
+t and subscriptions, accounting services, office supplies, maintenance, depreciation,
general insurance, rent, general taxes, survey stakes, equipment rental, non-profit >3
salary cost and non profit general expense. The maximum compensation
encumbered under this Agreement shall be Twenty-four Thousand Dollars
($24,000.00).
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(b) Reimbursable direct expenses chargeable to the project, which are included in the
maximum fee billing above, are as follows:
(1) Travel, subsistence, and incidental costs.
(2) Use of motor vehicles on a mileage or rental basis.
(3) Telephone and telegraph costs.
(4) Reproduction of project documents. i
(5) Postage and shipping charges for project related materials,
j (6) Rental charges for use of equipment, including equipment owned by the
Engineer, not included in overhead costs.
1 (c) Partial periodic monthly payments shall be made to the Engineer by the City as
follows:
(a) The Engineer shall render an itemized monthly statement to the City for work
performed and costs incurred during the preceding month.
(b) The monthly installments and current total billings shall not be
disproportionate to work progress as reported by the Engineer.
(c) The entire amount due shall be paid each month provided the maximum
billing amount has not been exceeded.
7. Failure to Perfonn, Cancellation. If,through any cause,the Engineer shall fail to fulfill
in timely and proper manner its obligations under this contract, or if the Engineer 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 Engineer of such termination and specifying
the effective date thereof,at least five(5) days before the effective day of such termination. City or
Engineer may without cause terminate this contract upon thirty(30) days prior written notice. In
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n-: either such event, all finished or unfinished documents, data, studies, surveys, drawings, maps,
fi models, photographs and reports or other materials prepared by the Engineer under this contract
shall at the option of the City, become its property,
� and the Engineer shall be entitled to receive just
and equitable compensation for any satisfactory work completed on such documents and other
materials. .
Notwithstanding the above, the Engineer shall not be relieved of liability to the City for
damages sustained by the City by virtue of any such breach of the contract by the Engineer.
x. Assignmg. The Engineer 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 Engineer under this contract which the City requests to be kept as confidential shall 5
not be made available to any individual or organization by the Engineer without prior written
approval of the City.
10. Nondiscrimination. The Engineer agrees in the performance of this contract not to
discriminate on the ground or because of race creed color, national origin or ance
sty, sex,religion,
handicap, age, or political opinion or affiliation, against any employee of Engineer or applicant for
employment and shall include a similar provision in all subcontracts let or awarded hereunder.
11. Independent Contractor. The Engineer is an independent contractor and nothing
contained herein shall constitute or designate the Engineer or any of its agents or employees as
agents or employees of the City.
12. Benefits Not Available. The Engineer shall not be entitled to any of the benefits
established for the employees of the City nor be covered by the Workmen's Compensation Program
of the City.
13. Liabili . The parties mutually agree to the following:
(a) In no event shall the City be liable to the Engineer for special, indirect, or
consequential damages, except those caused by the City's negligence, arising out of
or in any way connected 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.
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O"M (b) The Engineer 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 acts, errors and omissions of Engineer
f< for which they would be otherwise legally liable, arising out of or in any way
connected with this contract. :
14. Documents. That 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
vt{' request,to the City without restrictions or limitations on their use. When such copies are requested,
?' the City agrees to pay the Engineer its cost of copying and delivering same.
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15. Nonsolicitation. The Engineer warrants that he had not employed or retained any company or person, other than a bona fide employee working solely for the Engineer,to solicit or
- secure this Contract and that he has not aid or agreed to a an company or person, other than a '' ,
a p g pay Y p Y p �
r r bona fide employee working solely for the Engineer,any fee, commission,percentage,brokerage fees .
{ gifts, or any other consideration, contingent upon or resulting from the award or making of this
`,.s s=. Contract. For breach or violation of this warranty,the City shall have the right to annul this Contract
a' 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 Engineer 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 Engineer shall not be liable for delays resulting from causes beyond
k the reasonable control of the Engineer; that the Engineer has made no warranties expressed or
` a implied, which are not expressly set forth in this Contract; and that under no circumstances will the
Engineer be liable for indirect or consequential damages.
18. Notices. All notices re q uired or permitted hereunder and required to be in writing may
�.r be given by first class mail addressed to City, c/o the Director of Public Works„ at 320 East
L}' McCarty, Jefferson City, Missouri 65101, and Engineer at Bryan and Associates Consulting
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Engineers,Inc., 2717 Industrial Drive,Jefferson City,Missouri 65109. The date of delivery of any
notice shall be the date falling on the second full day after the day of its mailing.
19. Law to Govern. This Contract shall be governed by the laws of the State of Missouri as
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to both interpretation and performance.
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EXHIBIT A
SCOPE OF SERVICES
1994 STORMWATER DRAINAGE PROJECT
The 1994 Stormwater Drainage Project includes three project areas described as follows:
1. Swifts Highway/Myrtle: This project area is bounded by Swifts Highway
on the north, Myrtle Avenue on the east, Southwest Blvd. on the west and
a creek south of Stadium Blvd. Some houses along the north side of
Stadium Boulevard have been flooded by drainage from the backyards.
Existing drainage facilities do not adequately convey runoff to the creek on
the south side of Stadium Blvd. The design for this project will provide a
stormwater drainage system which will convey the 10-year runoff and safely
contain overflow from the 50-year storm. The budget for the project,
' including design services, is $120,000.
2. Dwayne/Dean/Kaylyn: This project area involves the upgrading of existing
stormwater facilities in the area of Dwayne Drive, Dean Drive, Kaylyn and
Don Ray Drive. One home has flooded from runoff of Dean Drive at Don
Ray Drive. The design for this project will provide a stormwater drainage
system which will convey the 10-year runoff and safely contain overflow
from the 50-year storm. The budget for the project, including design
services, is $30,000.
Y' 3. Houchin Street: The 700 block of Houchin Street experiences standing
water at various places along the street. The most economic solution to
N eliminate the standing water is the goal of this project.
In preparing the design for this project the Engineer will perform the following services:
1. Meet with the City initially and as required throughout the design of the
project to exchange information, discuss the project, and consider concerns.
2. Meet with citizens initially, as required throughout the design of the project,
and upon City staff approval of the design concept.
3. Perform field topographic, detail, and right-of-way surveys required for
design. The City will provide existing survey information on Houchin Street
and establish horizontal and vertical control for all three areas.
4. Develop plans for the project in AUTOCAD format.
5. Perform hydrologic and hydraulic calculations necessary to assess the
impact of the 10-year and 50-year storm. No evaluation of the 50-year
storm will be done on Houchin Street.
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Exhibit A continuted
Scope of Services
1894 Stdrmwater Drainage Project
6r Develop construction cost estimates as necessary to propose improvements
that can be constructed within budget.
7. Visually assess the condition of existing storm sewer systems which are
proposed to be used in place.
8. Contact, locate and coordinate with utility facilities in area, and any
necessary relocation of same.
9. Desigp any sanitary sewer relocation that is proposed.
10. Preparb any necessary easement descriptions and drawings; of same.
11. Prepare specifications, bid documents and cost estimate
standard City documents. s based on
1
12. Provide final plans on mylar type material approximately 22" x 34" and
: AUT®CAD drawing files to the City.
Assist with prebid and preconstruction conferences.
14. Answer questions and make any necessary site visits requested by the City
during construction.
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