HomeMy Public PortalAboutORD10929 BILL NO. 87-123
SPONSORED BY COUNCILMAN BORGMEYER
ORDINANCE NO. t/6 `J
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BRYAN &
ASSOCIATES FOR ENGINEERING SERVICES ON THE WEST MAIN STREET
BRIDGE PROJECT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute a contract with Bryan & Associates for
engineering services on the West Main Street Bridge Project for a
sum not to exceed $59, 455.81.
Section 2. The contract shall be substantially the same in
form and content as that contract 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 �'OG -�.� �` �' 7 Approved LQL, a/'
ARM `
Presidin fficer or
ATTEST:
�z
City Clerk
Y,
AyL,a'r.
F�p
hd'.
CONTRACT FOR ENGINEERING SERVICES
T I AGREEMENT, made and entered into this 2 6_� day of
19_L), 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 E. McCarty,
Jefferson City, Missouri 65101 , and 83r an & Associates,
Consulting Engineers, Inc. , 2717 Industrial Drive, Jefferson
City Missouri, 65102 hereinafter referred to as the "Engineer" .
WITNESSETH:
THAT, WHEREAS, City desires to engage the Engineer to render
certain technical and professional services hereafter described
in connection with the roadway improvement of West Main Street
from Capitol Drive to the west curb radius of Clay Street; and
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 by Ordinanc /22 7 of the City Council, of the City of
Jefferson, adopted _f�� 19_EJ_, to enter into a
contract with the Engineer for the performances of services by
the Engineer.
NOW, THEREFORE, for the considerations herein expressed, it
is agreed by and between the City and the Engineer as follows:
1. Scope of Services. The Engineer agrees to perform the
following engineering and administrative services for the
project:
A. Conduct field survey to determine existing site
features; offsets and elevations of utilities, roadway
appurtenances and structures.
H. Develop roadway plans - vertical and horizontal
profiles, site development, structural design of street,
curbs, entrances, and sidewalks.
C. Analyze storm drainage requirements; design and layout
appropriate storm drainage structures per City standards
as required . Prepare storm drainage easement
descriptions referenced to lot lines as required.
D. Coordinate the landscape design, including the sprinkler
system design, layout and specifications. This portion
of the project is being subcontracted to Fed Markham &
Associates. A more detailed scope of landscape services
is included in Exhibit "A" of this agreement.
E. Coordinate the street lighting design, median layout,
signalization design, and specifications. This portion
W 111 NEWS=
of the work is being subcontracted to Johnson, Hrickell,
Mulcahy & Associates, Inc. A more detailed scope of
these services is included in Exhibit "H" of this
agreement.
F. The Engineer will be available for public meetings and
hearings concerning this project at the request of the
Public Works Department . Field reviews will be
performed as deemed necessary for the proper progress of
the work at the request of the Public Works Department.
G. Contact and coordinate the relocation of all affected
utilities. The Engineer will assist the City in the
preparation of any agreements required between the City
and the affected utility.
H. The Engineer will determine the right-of-way
requirements for this project , prepare
descriptions/easements as required for preparation of
warranty deeds. Engineer will assist the City in
negotiations for right-of-way.
I. Prepare and coordinate complete construction plans and
specifications using City standards where possible.
J. Be available for pre-bid meeting and pre-construction
meetings.
2. Additions or Deletions to Services. The City may add to
Engineer services or delete there-from acti.vities 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 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.
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:
'bT
a. Property, boundary, easement, right-of-way, topographic,
and utility surveys and property descriptions when such
information is required.
b. All maps, drawings, records, audits, annual reports, and
other data that are available in the files of the City
and which may be useful in the work involved tinder this
Contract.
c. Access to public and private property, as necessary,
when required to conduct field investigations.
4. Personnel To Be Provided. The Engineer represents that
Engineer has or will secure at its own expense, all personnel
required to perform the services called for under this contract
by 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 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 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 of -the services required
hereunder shall be completed within four calendar months from the
date of execution of this contract.
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
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 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 terms of this contract exceed the sum of
$59 , 455. 81 for all services required unless specifically and
mutually agreed to in writing by both the City and Engineer. No
change 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 Engineer as follows:
a. For the services outlined in Paragraph 1 - SCOPE OF
SERVICES, the City agrees to pay the Engineer a fee
f ,
Awk 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 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 and subscriptions, .. accounting services,
office supplies, maintenance, depreciation, 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 Fifty-nine Thousand Four Hundred
Fifty-five Dollars and Eighty-one Cents ($59,455. $1 ) .
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.
( 5) Postage and shipping charges for project related
materials.
( 6) Rental charges for use of equipment, including
equipment owned by the Engineer, not included in
overhead costs.
c. Partial periodic monthly payments shall be made to the
Engineer by the City as follows:
( 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.
Itil!I
7. Failure to Perform, 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
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 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.
B. Assignment. 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 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 ancestry, 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. Liability. 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.
b. The Engineer shall defend, 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
Engineer 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 skull 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 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 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 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.
WARMANOMMUM-
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, 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 given by first class mail
addressed to City at 320 E. McCarty, Jefferson City, Missouri
65101, and Engineer at 2717 Industrial Drive, Jefferson City,
Missouri, 65101. 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 !�
CITY OF JEFFERSON, MISSOURI
By
YOR
ATTEST:
CITY CLERK
ENGINEER
By
.rt'
). '
CITY OF JEFFERSON BRYAN A ASSOCIATES
WEST MAIN STREET PROJECT #87-067
EXHIBIT "A" - LANDSCAPE DESIGN/SPECIFICATIONS
1. DESIGN PHASE:
A. The Landscape Architect shall develop preliminary design plans
using the drawings presently developed by the Public Works
Department. These plans will be supplemented with field
measurements, photos, notes, and observations concerning existing
conditions.
B. Three dimensional sketches showing the proposed landscape
development and the resulting view of the State Capitol Building
will be prepared for at least 3 locations. At least 3 alternate
ideas are anticipated at this time. The sketches will probably be
overlay mylars over enlarged photos.
C. Preliminary landscape design recommendations shall be presented in
sketch form with photographs showing recommended plants and
material in similar applications. It is anticipated that several
meetings will be required to discuss the design of the project.
The preliminary drawings would be refined and developed as the
discussions advance. Cost estimates would accompany the design.
D. Design plans shall identify all major plants, median island detail ,
plant beds, and other major landscape materials required to
complete the design. The basic irrigation system would also be
shown and described.
E. A unit price cost estimate for all materials shall be presented to
the client at the time "final design" plans are discussed.
F. Up to date plans for presentation of design ideas will be used as
they are available.
G. The Landscape Architect shall make necessary changes to the design
level plans required by comments and input by city staff (input
from the Parks Department is expected) , state representatives and
the design team .members.
2. BID DOCUMENTS - LANDSCAPING
A. Will begin work on this phase when design plans and cost estimate
are approved.
B. Final working drawings will be completed on screened mylar sheets
furnished by Bryan & Associates, Consulting Engineers, Inc.
3 ' C. The working drawings shall show all requirements of the landscape
r',_
CITY OF JEFFERSON BRYAN & ASSOCIATES
WEST MAIN STREET PROJECT #87-067
and irrigations subcontractors. All plants and landscape materials
included in the contract shall be located, dimensioned if
necessary, noted and sized.
D. Specifications shall be prepared "bid ready". The format shall
follow city format standards. Technical specifications shall
include the following sections:
Fine Grading and Fertilizing Seeding (if necessary)
Plant Materials (including soil, Sodding
gravel, drainage, mulches, etc,)
E. Prepare a final cost estimate.
F. All necessary meetings and project administrative costs all phases
are included in the fee indicated below.
G. Site Inspection: See separate section on site inspection.
3. BID DOCUMENTS - IRRIGATION
A. The irrigation drawing shall show accurate locations for all
sprinkler heads, pipe lines, main lines and water connections. All
necessary valve, quick connectors, valve boxes, backflow valves,
and low voltage wire and conduit and controllers and other
necessary irrigation equipment shall be shown and specified.
B. The drawing shall contain an irrigation zone chart and all
necessary construction notes. It is anticipated that sprinkler
head would be used in grass areas and a trickle irrigations system
would be used in the median island.
C. Irrigation specifications and a cost estimate will be included.
4. SITE INSPECTION AND PROJECT ADMINISTRATION
The following four (4) inspections are anticipated:
1) Selection (tagging) trees and key plants.
2) Checking flags for irrigation heads, emittors, trees and plants the
beginning of subcontract work.
3) Conditional acceptance inspection of both plant and irrigation -
r'.`. prepare punch lists if necessary.
4) Final inspection at end of one year guarantee.
CITY OF JEFFERSON BRYAN A ASSOCIATES
WEST MAIN STREET PROJECT #87-067
EXHIBIT "B" — LIGHTING, MEDIAN, SIGNALLIZATION DESIGN/SPECIFICATIONS
1. MEDIAN DESIGN REVIEW
Utilizing geometric design plans provided by Bryan & Associates,
Consulting Engineers, Inc., Johnson Brickell , Mulcahy & Associates,
Inc,., would review the plans for traffic operations, vehicle turning
movement, and median openings. The review would involve recommendations
for possible modifications and/or additions for vehicle operation and
control.
2. STREET LIGHTING DESIGN
Utilizing the approved street design plan prepared by Bryan &
Associates, Johnson, Brickell , Mulcahy & Associates would prepare a
street lighting plan for the 'nest Main Street project. The street
lighting plan would be coordinated with the landscaping plans by Fred
Markham & Associates.
The following services would be provided:
1. Design criteria as included in 1987 IES Lighting Handbook or City
standards would be established for average maintained illumination
values, uniformity ratios and maximum to minimum ratios.
2. Determine recommended mounting heights, lamp type and size, and
luminaire type.
3. Develop a maximum of two street lighting plan alternatives
indicating pole spacing and layout to produce an economical and
effective street lighting system to satisfy IES design criteria.
4. Present the street lighting alternatives at a meeting with design
study team, city staff, and Missouri Division of Design and
Construction. The meeting would review the proposed street
lighting layout and discuss the recommended and alternative
luminaire type, lamp size and type, and pole type and style. A
;- discussion of these latter element is important as they impact both
the economy and aesthetic quality of the street lighting project.
5. Following approval of a street lighting plan, Johnson, Brickell ,
Mulcahy. & Associates, Inc., would finalize the pole layout,
establish lighting circuits, determine power supply needs, layout
the wiring, conduit and pull boxes, and prepare final contract
drawings, specifications, and contract drawings.
Johnson, Brickell , Mulcahy & Associates, Inc., would also
CITY OF JEFFERSON BRYAN & ASSOCIATES
WEST MAIN STREET PROJECT #87-057
coordinate conduit placement as required by the Landscape
Architect.
Design activities would be coordinated with Bryan & Associates and
the local power company to determine service points that would
serve the project in the most economical manner possible. An
Engineer's estimate of the street light plan would be prepared.
3. TRAFFIC SIGNAL DESIGN
A traffic warrant study for the intersection of Missouri Boulevard and
West Main Street would be prepared by Johnson, Brickell , Mulcahy &
Associates. If the warrant study indicates a -need for a traffic signal,
traffic signal design plans would be based upon the final geometric plan
of the intersection as prepared by Bryan & Associates.
The following services would be provided:
1. Traffic Signal Warrant Study
a) Based upon current machine and manual intersection counts
furnished by the City of Jefferson, a signal warrant
analysis would be completed,
b) A letter would be prepared and submitted detailing the
warrant analysis and comparison with the Manual on Uniform
Traffic Control Devices (MUTCD) . If the recommendation for
as s g T�is approve final signal installation would be
initiated upon receipt of authorization by the City.
2. Traffic Signal Design
The scope of services included the preparation of design plans,
quantity computation, specifications, and related traffic
engineering services to enable the City of Jefferson contract for
the installation of a traffic signal at the intersection of
missouri Boulevard and West Main Street.
The design plans would be prepared consistent with the format and
detail required at the City of Jefferson and other public agencies.
-r= The traffic signal design services would include the following:
a) Intersection Plans - The final geometric plans prepared by
Bryan & Associates would be provided to Johnson, Brickell ,
Mulcahy & Associates, Inc., for the intersection of Missouri
Boulevard and West Main Street.
��t1
t
CITY OF JEFFERSON BRYAN A ASSOCIATES
NEST MAIN STREET PROJECT #87-067
The final geometric plans would indicate right-of-way
limits, sidewalk, curb and gutter, driveways, median
location, radii, and utilities within the public right-of-
way.
The landscape plans for this intersection would be
coordinated with the geometric plans to minimize conflict
with signal pole location, controller pad, and pull boxes.
b) Preliminary Traffic Signal Design Plans— Traffic signal
design plans, using current City and State design standards,
will be prepared. The preliminary traffic signal plans will
include plan layout sheet (1" = 20' scale); major equipment,
detector layout, detector summary and timing sheets (as
required) ; wiring details; bill of materials; standard
?= details; and traffic control plan (as required) , Five (5)
" copies of the preliminary signal plans will be furnished for
filed check and review.
c) Final Traffic Signal Design Plans - Final design plans,
quantity computations, and related work would be completed
based upon review comments furnished by the reviewing
agencies, All plans and computation material will be
furnished in accordance with the requirements of the City of
Jefferson and State of Missouri Division of Design and
Construction. An Engineer's estimate for the traffic signal
installation would be prepared.
4. MEETINGS
A total of three (3) formal meetings have been planned in Jefferson City
during the course of the design plan preparation.
c7r...
AL .