HomeMy Public PortalAboutORD12545 5
BILL NO. 96-102
SPONSORED BY COUNCILMAN Haake
I ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE f
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GEORGE BUTLER
AND ASSOCIATES FOR A JEFFERSON CITY CONVENTION CENTER TRAFFIC
STUDY.
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 George Butler and Associates for a Jefferson City Convention Center
Traffic Study.
Section 2. The agreement shall be substantially the same in form and content as
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that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date of
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its passage and approval.
Passed: ./ 1 9 Approved: 04.
Presiding Officer tit Mayor 1
ATTEST: APPROVED AS TO FORM: r
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CITY OF JEFFERSON
CONTRACT FOR PROFESSIONAL, SERVICES
THIS CONTRACT,made and entered into this 0 day of 'x 1996,by and between the
City of Jefferson,a municipal corporation of the State of Missouri,hereinafter referred to as the"City,"
with offices at 320 East McCarty,Jefferson City,Missouri 65 10 1,and George Butler Associates,Inc.,One '
Pine Ridge Plaza,8207 Melrose,Lenexa,Kansas 662]d-3621,hereinnfter referred to as the"Consultant."
WITNESSETH:
THAT WHEREAS,the City desires to engage the Consultant to render certain technical and consulting
services as to the Convention Center Traffic Study hereinafter described in Exhibit A.
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.
NOW THEREFORE,for the considerations herein expressed,it is agreed by and between the City and
the Consultant as follows:
1. cope 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.
2. Additions or Deletions to Services.
The City may add to consultant services or delete therefrom activities of a similar nature to those set
forth in Exhibit A,provided that the total cost of such work does not exceed the total cost allowance
as specified in paragraph 6 hereof. The Consultant shall undertake such changed activities only upon
the direction of the City. All such directives and changes shall be in written form and approved by the
Director of 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
j 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.
3. Existing Data.
All information,data and reports as are existing,available and necessary for the carrying out of the
work,shall be furnished to the Consultant without charge by the City,and the City shall cooperate
with the Consultant in every reasonable way in carrying out the scope of services.
4. Personnel to be Provided
The Consultant represents that the Consultant has or will secure at its expense all personnel required
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to perform the services called for under this contract by the Consultant.Such personnel shall not be '
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employees of the City or have any contractual relationship wit It the City except as employees of t.lte
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 the City.
5. Notice to Proceed.
The services of the Consultant shall commence as directed in the Notice to Proceed and shall be
undertaken and completed in accordance with the schedule contained in Exhibit A.
G. Qgmnensntion.
The City agrees to pay the Consultant in accordance with the rates set forth in Exhibit B which shall r'
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 vill the total compensation
and reimbursement to be paid to the Consultant under the terms of this contract exceed the sum of
Thirty-Four Thousand Dollars($34,000.00)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 agreement and the work actually required.
For the services covered by this Contract the City agrees to pay the Consultant as follows:
(a) For the services outlined in Paragraph 1-SCOPE OF SERVICES,the City agrees to I
pay the Consultant a fee computed on the basis of(1)hourly rates that include base
salary cost,direct payroll additives,general and administrative overhead and profit,
j and(2)reimbursable direct expenses. The term"base salary cost"shall be the actual
i amounts paid employees of the Consultant,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
additives" shall include payroll tax, retirement, health and accident insurance,
vacation pay,holiday pay,sick leave pay and incentive pay. The term"general and 1 !
administrative overhead"shall include such indirect costs as clerical,telephone,dues
and subscriptions, accounting services, office supplies, maintenance, depreciation,
d. general insurance,rent, general taxes,survey stakes,equipment rental,non-profit
salary cost and non profit general expense. The maximum compensation encumbered
under this Agreement shall be Thirty-Four Thousand Dollars($34,000.00).
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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.
l r (4) Reproduction of project documents. i t!
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(Ci) Postage and shipping charges for project related materials.
(G) Rental charges for use of equipment, including equipment owned by the
Consultant,not included in overhead costs.
(c) Partial periodic monthly payments shall be made to the Consultant by the City as
follows,
(1) The Consultant,shall rcncicr an itemized monthly statement to the City for
work performed and costs incurred during the preceding month.
(l) The monthly installments and current total billings shall not be
disproportionate to work progress as reported by the Consultant. "
(3) The entire amount due shall be paid each month provided the maximum
billing amount has not been exceeded.
7. Failure to Perform,Cancellation
If,through any cause, the Consultant shall fail to fulfill in timely and proper manner its obligations
under this contract,or if the Consultant shall violate any of the covenants,agreements,or stipulations
of this contract,the City shall thereupon have the right to terminate this contract by giving written
notice to the Consultant of such termination and specifying the effective date thereof,at least five(5)
days before the effective day of such termination. The Consultant or the City may terminate this
j 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.
8. Assignment.
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The Consultant shall not assign any interest in this contract,and shall not transfer any interest in
the same(whether by assignment or novation),without prior written consent of the City thereto. Any
such assignment is expressly subject to all rights and remedies of the City under this agreement,
including the right to change or delete activities from the contract or to terminate the same as
provided herein,and no such assignment shall require the City to give any notice to ar such assignee
of any actions which the City may take under this agreement,though the City will attempt to so notify
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any such assignee.
9. Confidentiality.
Any reports,data or similar information given to or prepared or assembled by the Consultant under
this Contract which the City requests to be kept as confidential shall not be made available to any
individual or organization by the Consultant without prior written approval of the City.
10. Nondiscrimination
The Consultant agrees in the performance of the contract not to discriminate on the grounds or
because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political
a affiliation,against any employee of the Consultant or applicant for employment and shall include as
similar provision in all subcontracts let or awarded hereunder.
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11. Independent Contractor,
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.
12. Benefits not Available,
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.
13. Liability
The parties mutually agree to the following: r
(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 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 tinder
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 death, and
damage to property which are caused by the negligent acts,errors and omissions of
jConsultant for which they would be otherwise legally liable,arising out of or in any
way connected with this contract.
14. Documents.
`4••�+' 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 t'`
costs of copying and delivering same.
15. Nonsolicitation,
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.
16. Books and Records,
The Consultant and all his subcontractors shall maintain all books,documents,papers,accounting
records,and other evidence pertaining to costs incurred in connection with this Contract,and shall
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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,
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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.
18. 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 the Director of Public Works,at 320 East McCarty Street, ,
Jefferson City, Missouri, 66101, and George Butler Associates, Inc., One Pine Ridge Plaza, 8207
Melrose,Lenexa,Kansas 66214-3621. The date and delivery of any notice shall be the date falling on
the second full day after the day of mailing. .
19. Law to Govern.
This contract shall be governed by the laws of the State of Missouri as to both interpretation and
performance.
PN i1 TNESS WHEREOF, the parties hereto have set their hands and seals thi
1996. s day of
lL�n�4�r(il
CONSULTANT CITY OF JEFFERSON,MISSOURI
GEORGE BUTLER ASSOCIATES,INC.
Title: 4> � o Mayor
ATTEST: ATTEST:
Title: I t. ity Clerk
APP R D A ORM:
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r EXHIBIT A
SCOPE OF SERVICES,COMPENSATION,AND SCHEDULE
CONVENTION CENTER TRAFFIC STUDY
SCOPE OF SERVICES
We will complete the following tasks as part of this Traffic Study in order to identify and
evaluate the respective traffic impacts expected as a result of a proposed Convention Center .
being in operation on either the Ramada Inn/Southridge site or the Downtown site: j
1. We will meet with the City, the developers,the Missouri Highway and Transportation
Department, and other affected property or business owners to obtain existing available data
and studies of the areas;and to define all known or planned details or characteristics of the
rproposed Convention Center,
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2. We will instruct and assist City personnel to obtain or record existing daily and peak hour
traffic counts at and adjacent to the following nine intersections:
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Southridge Drive and Southwest Boulevard
Southridge Drive and Zumwalt Road
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Jefferson Street and Zumwalt Road
Jefferson Street and the southbound U.S. 54 ramps
Jefferson Street and Stadium Drive
Whitten Expressway and Broadway
Whitten Expressway and Jefferson Street
I McCarty Street and Broadway
Miller Street and Jefferson Street
The peak hour traffic counts will be recorded by City personnel,with assistance from the
Consultant,for two hours during the critical evening commuter peak period,generally from 4:00 l
to 6:00 P.M. The daily traffic counts will be recorded for a three or four day period including a l
Saturday,
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3. We will obtain or record the details describing: ((
-the traffic control devices that exist in the study area
-the existing streets and intersection lane configurations
-the existing topograpliic features
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-the existing property and right-of-way lines !
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-the existing or planned utilities
4. We will compute the expected trip generation and distribution characteristics of the proposed
Convention Center and assign the expected trips to the respective existing and proposed
street networks to produce the a series of design traffic volumes for three conditions: Phase
One Development, Full Development, and Year 2016 with the complete Convention Center
along with growth from other development in the City.
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5. We will compute the operating conditions and levels of service that exist or are expected at
the critical intersections within the respective study areas with the three design volume
conditions.
I / 6, We will identify and evaluate traffic control intersection geometric, and street
widening/alignment alternatives that could be expected to improve the traffic service in the
4 respective study areas.
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7. We will conduct up to four meetings with the City and other desired agencies or groups to
present and discuss the improvement alternatives in order to identify desired options.
8. We will layout sketch plans and work with the City to prepare cost estimates for up to three
desired improvement alternatives for each study area.
9. We will prepare and present a draft study report and,upon review by the City,finalize and
present a final study report.
F COMPENSATION
The maximum compensation specified in paragraph 6 of the Contract shall consist of Fourteen
•i Thousand Dollars($14,000.00)for the Ramada Inn/Southridge site and Seven Thousand Five 5
Hundred Dollars($7,500.00)for the Downtown site.
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SCHEDULE
{� Except as provided in the Contract,the above services shall be carried to completion without
undue interruption. Subject to acquisition of essential data from the CITY,the services for the
Ramada/Southridge site will be completed within 30 calendar days and the remaining services
' for the Downtown site would be completed within 45 calendar days from the receipt of a notice
to proceed,
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EXHIBIT 13
GEORGE BUTLER ASSOCIATES, INC.
ENGINEERS/ARCHITECTS
STANDARD HOURLY CHARGEOUT RATES
EMPLOYMENT CLASSInCATION
Principal IIOURLY RATE
Senior Associate , . $ 130.00
Associate
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. . . . . . . . . . . . . . . . . . . . . . . .. •. . . . . .. . . . . . . . . . . . 115.00 i
Senior Architect/Engineer/Specialist 105.00
AESI . .
AES
AES11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 90.00
75.00
. . . . . . . . . . . . . . . . • . . . , . . . . . . . . . . .. .. .. . . 60.00 I
Senior Technician • ' ' ' ' ' ' ' ' • • • • 50.00
Design Technician l' " " . . . • •
Design Technician II . . . . . . . . ' . . . • 75.00
Design Technician III . , ' 56.00
48.00
CAD Operator/Drafter I 42.00
CAD Operator/Drafter 11 . . . . ' . . . . . . . . . . . . .. .. .. ..
CAD Operator/Drafter III . . . . . . 40.00
. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. 38.00
Senior Construction Observer 36.00
Construction Observer I ' ' ' ' ' ' ' ' ' • ' • • • • • • • • • .
Construction Observer 11 . 72,00
56.00
Field Technician 1 42.00
Field Technician II
Field Technician III . . . . . ' . . . . ' . . . 54.00
42.00
Secretary 1 36,00
Secretary Il . . . . . . . . . .• .. ..
General Office I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . 44.00
General Office 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 32.00
. . . . . . . . . . . . . . . . . . .
. . . . . . . . :. . . . . . . .. . . .. . . . 30.00
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Registered Land Surveyor 28.00
Land Surveyor I 80.00 t
LLand Surveyor I! 54.00
and Surveyor ill • . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . 36.00 { .
2-Man Survey Party . . . . . . . . . . . . . . .
3-Man Survey Part : . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 24.00
4-Man Survey Parry . . . : . . . . . . . . . . . . . . . . . . .. .. .. . . . . . . . . . . . . . . . . . . . . 90.00
I . . . . . . .. . . . . . . .. .. . . . . . . . . . . . . . .. . 115.00
EQUIPMENT 140.00
(CAD,Total Station Survey Equipment,check lots and prints,and copy expense are included
+ m the above hourly talcs unless otherwise stipulated by contract. Printing and plotting of final
bid documents will be billed as a direct expense)
Global Positioning System Equipment
Utility Locator. 520.
Ground Penetrating Radar Equipment $20-00/hr./unit
Soil Testing E . . . . . . . 15.00/day
g quipment 500.00/day
Concrete Testing Equipment . . . . . . . . . . . . . . . . . . . . . . . , . . •. 30.00/day
. .
EXPENSES .. . . . . . . . . . . . . . . . • 20.00/day
Reimbursable expenses(travel,vehicle mileage vehicle rental, printing and plotting for final
j bid documents,subsistence,long distance telephone,etc,)incurred will be charged at cost plus
lOryo to cover administrative overhead. The following items will be charged as shown:
1y �/1 Company Survey Vehicle(Suburbans)and Vans . . . . . . , .
Company Pickup Truck $0.45/mile
Personal and Company Cars . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . , .. .. . 0.30/mile
Effective Date:lone 1, 1996
. . . . ' ' ' ' ' ' ' ' • ' 0.30/mile
s