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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 .