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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 oo that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of 1 its passage and approval. Passed: ./ 1 9 Approved: 04. Presiding Officer tit Mayor 1 ATTEST: APPROVED AS TO FORM: r I. City C erk City Coun r l � 1 t J of i;./ r � 1 t 7 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 >r to perform the services called for under this contract by the Consultant.Such personnel shall not be ' c:`.trnti\eonlntela\pr"f nen•¢ex\genrge butler ns uttesVontrnct 199fi.%jjd G^eta.:+rytR4L;.';�""a`n".. :va^.se ......+,, ............... ._ .. .»+.ran4nGr•iy3WG'`^a' • t te�llttlr 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). i (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! e:\trail\contructa\profnerricea�george butler ussmalw\contract 199f,.wyd -2- i 1 t� r { (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. 5 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 1 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. e:\treri\mntn"\prufeenicea\cmrge butler ueta>r atre\contract Y 99 9 wpd -3 1' t s , t t� s .�.., .F 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 c:\traci\—tracts\prof art0kr%\4rorCr huller a—a1va\rnn1nc1 HIM xpd .4 . : 1...I,r,.�s....... `:z:•y'z:vriw.::Yr1i..t....rv..tr«H'..t.......:_...__.. .. ._....__...... _ ..� n[YY..Ii. "I 1 � 4 i 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, ,f 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: ty Cot r i I t t f , c:�lrnu�canlracle�profnPrvtcN�GrorFn bud"alXnClalnn\a w'aal 1096'. pd -J' t l , � E f 1VTVX Kkra:°;�,' '';t" «.;6;iFp,•r?<av,:vri.rs...,.a:.•n ....,......._w......_._ ..n.._... _ ....-_........,. _ .. ._. ._.... I t t .i , V , j ! J� 611111" 11 kNi Len , ti r � I , I 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, i I 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: r Southridge Drive and Southwest Boulevard Southridge Drive and Zumwalt Road i 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, t; ;. , _ y'Vt.atA�'Wls':a'+.3tv.ra+rasw,.....•.........�,-._..._._.... .x ._. .....: .__._. _..... � ' r x � 'M1 i - s r• 1777,, f " 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 I -the existing property and right-of-way lines ! i -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. I ! 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. R 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. x i t t1 1 f 1 .•1 � :�yti .Y4'. .. .... - 1 .............«........,y t 4. ryl .. ,. I • ` i I tf r ! t f 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, i a , f a , t ;I� f S 1' i ,:5 1 1 I 1. r. t + r. f; r q f tt i v S+R{ f � t t t1�,' f r1 lv if f r 1 r ti'J� it � ( �. f t t l Nrreu►�rwspruvsn....,,...,,,, .- ' � y 1 N i\« j ird ih57 YY t� k t -! I j t it Ll O _r J 1r � 5t p.f u+; f�t tE 7�i?3 t fX SIY EXHIBIT 13 GEORGE BUTLER ASSOCIATES, INC. ENGINEERS/ARCHITECTS STANDARD HOURLY CHARGEOUT RATES EMPLOYMENT CLASSInCATION Principal IIOURLY RATE Senior Associate , . $ 130.00 Associate i . . . . . . . . . . . . . . . . . . . . . . . .. •. . . . . .. . . . . . . . . . . . 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 f 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