HomeMy Public PortalAboutORD11564 4:r:
BILL NO. 90-161
SPONSORED BY COUNCILMAN HALSEY
ORDINANCE NO. 11564
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LARKIN
& ASSOCIATES CONSULTING ENGINEERS, INC., FOR DESIGN OF MADISON
STREET 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 Larkin&Associates Consulting Engineers,Inc.,for design
of Madison Street Project. The amount of the contract shall not exceed $122,500.00.
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.
Passed: April 15, 1991 Approved: April 15, 1991
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Presi fIicer May
ATTEST:
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City Clerk
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CONTRACT FOR ENGINEERING SERVICES
{. THIS AGREEMENT, made and entered into this 3`` day of 19
by and between the City of Jefferson, a municipal corporation of the tate of Missouri,
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'hereinafter referred to as the "City" with offices at 320 E. McCarty, Jefferson City, Missouri
65101,and Larkin Associates,Consulting Engineers,Inc., 9233 Ward Parkway,Suite
300, Kansas City, Missouri 64114 hereinafter referred to as the "Engineer".
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WITNESSETH:
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THAT, WHEREAS, City desires to engage the Engineer to render certain technical �
and professional services hereafter described in connection with the Madison Street
?' Improvements; and �t
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WHEREAS, the Engineer made certain representations and statements to the City
with respect to the provision of such services and the City has accepted said proposal and is
authorized b Ordinance l<lbf the City Council, of the City of Jefferson, ado ted
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19'?/. to enter into a contract with the Engineer for the performances of services y 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:
r 1. Scone of Services. The Engineer agrees to perform the following engineering and sj
administrative services for the project:
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See Exhibit A
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 !
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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 t
direction of the City. All such directives and changes shall be in written form and prepared
and approved by the office of the Director of Public Works and shall be accepted and
countersigned by the Engineer or his agreed representatives.
The Engineer 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 Engineer at the time any such service
may be required.
r 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:
a. Property, boundary, easement, right-of-way, topographic, and utility surveys
and property descriptions when such information is required.
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b. All maps, drawings, records, audits, annual reports, and other data that are . tj
available in the files of the City and which may be useful in the work. involved ,, .`V.
under this Contract.
C. Access to public and private property, as necessary, when required to conduct
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field investigations. _.
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4. Personnel To Be Provided. The Engineer represents that Engineer has or will r'
t secure at its own expense, all personnel required to perform the services called for under this
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contract by Engineer. Such personnel shall not be employees of or have any contractual . .•
J es of the Engineer. All of the services required
hi with the City except as employe relations
." hereunder will be performed by the Engineer or under En neer's direct su ervision and all
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personnel engaged in the work shall be fully qualified and shall be authorized under state :t ? 44y'
Q f and local law to perform such services. None of the work or services covered by this contract
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shall be subcontracted without the written approval of the City.
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' 5. Notice to Proceed. The services of the Engineer shall commence as directed in Y t4j
the Notice to Proceed and shall be undertaken and completed in such sequence as to assure ,� �:.'
their expeditious completion in the light of the purposes of the contract, but in any event, all i
of the services required hereunder shall be completed within nine (9) months from the date
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of execution of this contract. :g '
6. Compensation. The City will pay the Engineer in accordance with the rate set '
forth below, which shall constitute full and complete compensation for the Engineer services
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' 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 Engineer that the Engineer fully performed with work to be paid
t for in such progress payments in conformance with the contract. It is expressly understood <<'
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that in no event will the total compensation and reimbursement to be paid to the Engineer
k.t under the terms of this contract exceed the sum of One Hundred Twenty-two Thousand
7.. Five Hundred Dollars ($122,500.00) for all services required unless specifically and
mutually agreed to in writing by both the City and Engineer. No change shall be made
r unless there is a substantial and significant difference between the work originally
contemplated by this agreement and the work actually required.
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For the services covered by this Contract the City agrees to pay the Engineer as
` follows:
a. For the services outlined in Paragraph 1 - SCOPE OF SERVICES, the City
agrees to pay the Engineer a fee computed on the basis of(1) hourly rates that
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include base salary cost, direct payroll additives, general and administrative
,., overhead and profit, and (2) reimbursable direct expenses. The term "base
salary cost shall be the actual amounts paid employees of the Engineer, prior
to deductions or withholding,based on each employee's hourly rate. Base salary
cost does not include direct payroll additives, general and administrative
overhead or profit. The term "direct payroll additives" shall include payroll tax,
r retirement, health and accident insurance, vacation pay, holiday pay, sick leave
pay and incentive pay. The term "general and administrative overhead' shall
include such indirect costs as clerical, telephone, dues and subscriptions, '
i accounting services, office supplies, maintenance, depreciation, general
insurance,rent,general taxes, survey stakes,equipment rental,non-profit salary
rye cost and non profit general expense. The maximum compensation encumbered
a� ?ti,'r?F•,`�,�. (l,+,k f$. y.!x 1:'tr f,., �•... y ,• : . : { . E> �'} ..f4 rY�rf{r r'tYty t�tst4is;�ay4�}t`tfi ay,l k�-��flf �'� �� ii�� x� ..
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f-f under this Agreement shall be One ]Hundred Twenty-two Thousand Five 1
Hundred Dollars ($122,500.00).
b. Reimbursable direct expenses chargeable to the project, which are included in F
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.
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r (4) Reproduction of project documents.
(5) Postage and shipping charges for project related materials. 's
k. (6) Rental charges for use of equipment,including equipment owned by the
Engineer, not included in overhead costs.
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C. Partial periodic monthly payments shall be made to the Engineer by the City as
follows:
r (1) The Engineer shall render an itemized monthly statement to the City
for work performed and costs incurred during the preceding month.
(2) The monthly installments and current total billings shall not be ,
disproportionate to work progress as reported by the Engineer.
(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 Engineer shall fail l
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 30 days prior written notice. In either such event, all finished or unfinished
documents,data,studies, surveys, drawings, maps,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 compen-
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sation for any satisfactory work completed on such documents and other materials. M'
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.
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8. Assignment. The Engineer shall not assign any interest in this contract, and shall
' w 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
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d ,rf F i>;r tp�k15`rE `d�tg'Gr"�y�`p k Fc: < { C { s f I I'?. r'- l S F It xE'E4 �t El�� "`i�„i f1� ,,i Y`'•:.�F
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assignment shall require the City to give any notice to any such assignee of any actions z„
which the City may take under this agreement, though City will attempt to so notify any
' such assignee. l
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 not be made available to any individual or organization by the Engineer
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' without prior written approval of the City.
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't.. 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 ancestry, sex,
religion, handicap, age, or political opinion or affiliation, against any employee of Engineer :.
V = or applicant for employment and shall include a similar provision in all subcontracts let or r :
awarded hereunder.
' 11. Independent Contractor. The Engineer is an independent contractor and nothing :;� �
contained herein shall constitute or desi gnate the Engineer or any of its agents or employees .t y
' 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. t
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13. Liability. The parties mutually agree to the following:
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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
r' 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
4i City under this contract. y
A.' 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 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 request,to the City without restrictions or limitations on their use. However,
`. any re-use by the City without written reverification or adaptation by the Engineer or a
purpose other than the specific purpose intended by this written agreement will be at the
City's sole risk without liability or legal exposure to the Engineer. When such copies are
requested, the City agrees to pay the Engineer its cost of copying and delivering same.
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 paid or agreed.to pay any company or
person,other than a bona fide employee working solely for the Engineer,any fee, commission,
percentage,brokerage fee, gifts,or any other consideration,contingent upon or resulting from
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the award or making of this Contract. For breach or violation of this warranty, the City shall
a have the right to annul this Contract without liability, or,in its discretion, to deduct from the
t 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
"v 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.
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17. Delays. That the Engineer shall not be liable for delays resulting from causes
beyond the reasonable control of the Engineer; that the Engineer has made no warranties,
sY z expressed or 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. All notices required or permitted hereinunder and required to be in writing may be
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Q given by first class mail addressed to City at 320 E. McCarty,Jefferson City,Missouri 65101,
and Engineer at Larkin Associates, Consulting Engineers,Inc., 9233 Ward Parkway,
I.. ii. Suite 300, Kansas City, Missouri 64114. The date of delivery of any notice shall be the
date falling on the second full day after the day of its mailing.
' Executed this day of 19 9/
CITY OF JEFFERSON, MISSOURI
AYOR
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ATTEST:
Fq,>rayr'.
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CITY CLERK
'ENGINEER
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. .• n a ! day ei,';.. "°e .�Trd1 ;�'. ht C.t•r.;'s,�u''c 5. s.y ,y �;r•! s,�4j f +,+ �Pt�'� }f'' �(eri,T� j',�n'y�'+:
Exhibit A
z Scope of Services
Madison Street Improvements Is described more particularly as follows:
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.1. Replacement of the bridge on Madison Street over the East Branch of Wears Creek.
2. Construction of a storm drainage system from the East Branch of Wears Creek to connect
with the recently completed storm sewer in Ashley Street just east of Madison.
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3. Reconstruction of Madison Street from Rex F. Whitton Expressway to Atchison Street.
' 4. Channel stabilization on the East Branch of Wears Creek from Monroe Street to Jefferson
Street.
5. Study and possible revision to the traffic signal at Madison and Dunklin.
In preparing the design for this project the Engineer will perform the following services. r
1• Meet with the City initially and as required throughout the design of the project to
exchange information, discuss the project, consider concerns, and In general
communicate about the design throughout the design process,
2. Provide surveys required for design of the project, and prepare base maps for the project
In AutoCADD format.
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3. Prepare for and meet with business or citizens groups as requested to discuss the project
(two group meetings are anticipated).
4. Conduct a brief study of traffic and parking demands and recommend an appropriate
changes in street width or parking. p g y
5. Communicate with individual citizens and property owners as requested by the City. `
6• Make hydraulic and hydrologic studies of the East Branch of Wears Creek as are
necessary for the design of the new bridge, the channel stabilization, and for submittals
to regulatory agencies.
7. Based on traffic data supplied by City evaluate the need for revisions in the operation in
the traffic signal at Madison and Dunklin.
8. If changes in signal operations are warranted, design for these changes including revisin
coordination with other signals in the system. Temporary timing changes required a
nearby intersections to accommodate traffic during construction will also be determined
and recommendations for these will be made
9. Design any modifications required for the signal at Madison Street and Rex F. Whitton
Expressway.
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10. Design (by subconsuitant)the bridge replacement at the East Branch of Wears Creek and
r see that the plans for this replacement are coordinated with the project plans.
11. Design the storm sewer improvements required to connect the new storm sewer In Ashley
}` Street east of Madison to the East Branch of Wears Creek. This drainage design will also
provide for proper drainage of Madison Street and the interception of off site flows along
t;Ur; this project.
12. Design improvements to Madison Street from Rex F. Whitton Expressway to Atchinson
r" Street as follows:
r 3': a. Replace pavement
b. Replace walks where they have deteriorated or where they will not meet
the new project grades,
c. Improve intersection geometry where desired.
d. Redesign drives as necessary to meet project construction.
13. Design a street lighting system for the project based on the city standard lighting
equipment and on the assumption that the lights will be city owned and maintained.
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14. Design creek bank stabilization along the East Branch of Wears Creek from Monroe
Street to Jefferson Street.
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15. Indepth study or design of streetscape is not included; however, replacement of any
street trees affected by construction will be addressed.
16. N the City and the Engineer agree that subsurface drilling, sampling or testing Is
necessary, the Engineer will recommend a program of drilling, sampling or testing and
will assist the City in securing the services of a testing laboratory to carry out the
` program. The City will pay for this work directly to the supplier of the service.
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17. Assist the City with coordination with utility companies wherever the construction effects
existing utilities.
18. Prepare any necessary easement or right-of-way descriptions or drawings.
19. Specifications, bid documents and cost estimates will be prepared based on the City's
standard documents.
20. Assist the City In notifying prospective Bidders of the time and place for opening Bids,
Attend a pre-bid conference.
21. Attend a preconstruction conference.
22. Be available during construction to answer questions, and advise concerning the project
construction. The City will be responsible for on site construction services.
21 Accompany the City on a final inspection of the completed project, if requested,
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