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HomeMy Public PortalAboutORD10996 BILL NO. 87-189 SPONSORED BY COUNCILMAN BORGMEYER ORDINANCE NO. 10996 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MILLER ASSOCIATES FOR THE DESIGN OF STORMWATER IMPROVEMENTS IN THE AREA OF KNIGHT VALLEY AND CIMMARON. 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 an agreement with Miller Associates for the design of stormwater improvements in the area of Knight Valley and Cimmaron, for an amount not to exceed $23,000.00. Section 2. The agreement 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 ! ��Jc_C,� 7, /f 2-- Approved mnm bsidi Officer r ATTEST: City Cle k � I CONTRACT FOR ENGINEERING SERVICES THIS AGREEMENT, made and entered into this gam' day of Ma/-411A , 19H, 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 Miller Associates, Building 5, Suite 100, 409 Vandiver Drive, Columbia, Missouri 65202, hereinafter referred to as the "Engineer" . WITNESSETH: THAT, WHEREAS, City des.i.res to engage the Engineer to render certain technical and professional services hereafter described in connection with a storm water management study and design in the Cimarron/Knight Valley area of Jefferson City. 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 Ordinance 10qQ/a of the City Council, of the City of Jefferson, adopted j22�r.a Ste' , 19 Sr , 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 engineering and administrative services described in the attached 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 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: 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 under 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 $23, 000.00 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 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 Twenty-three Thousand Dollars ($23,000.00) . ® 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. • I (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 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 qp City by virtue of any such breach of the contract by the Engineer. 8. 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 ^Amilar 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 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 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. 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 here3.nunder 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 Building 5, Suite 100, 409 Vandiver Drive, Columbia, Missouri 65202. 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 CL 19 CITY OF JEFFERSON, MISSOURI By OR ATTEST: ��,�.,�,.,..,:.�- ..mac. _•� , CITY CLERIC ENGINEER By i PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES CITY OF JEFFERSON, MISSOURI CIM."tARON/KNIGHT VALLEY DRAINAGE STUDY FEBRUARY. 1988 I Prepared *by Miller Associates Engineers, Planners & Surveyors, Inc. i 409 Vandiver Drive Building 5, Suite 100 Columbia, Missouri 65202 (314) 443-1666 i MILLER ASSOCIATES eAL\ ENGINEERS. I'I.ANNERS d: SURVEYORS. INC. i February 3. 1988 Mr. Robert M. Bates, PE Director of Public Works City of Jefferson Jefferson City, Missouri 65101 RE: Cimmaron/Knight Valley Storm Water Management Dear Mike: Thank you for the opportunity to discuss the needs of the City of Jefferson For a Storm Water Management Study and Design in the Cimmaron /Knight Valley area of Jefferson City, Missouri. We have reviewed the information that you made available to us and have prepared a proposed approach to determine the available options to mitigate the flooding problems in the Cimmaron/Knight Valley neighborhood. We have includued what we feel is a reasonable level of effort to satisfy the City of Jefferson and the public. We will be happy to discuss any desired revisions, or levels of effort with you, and modify the scope of work as needed. The dollar amounts may require some modification dependent on the form of contract desired by 'the City. As we reviewed the I information that you provided us, it became apparent that the two locations which were discussed for detention basins north of Cimmaron Drive appear to be the most promising areas to provide the greatest impact on the remainder of the drainage basin. In addition to this, there appears to be an area to the south of Cimarron Drive which a small basin may be needed in conjunction with the upper two to minimize the impact on the downstream owners. The second portion of the attached proposal covers a proposed study for the major portion of this drainage basin to the west of Tanner Bridge Road. It is my feeling that this study should be done at the same time as the eastern portion, due to the longer travel distance (time of concentration) from the west. If we modify the peak flow on the eastern portion, the combined peak on the channel south of Hoffman Drive could actually be increased! I IIuiWing 5. Stihc 100,•109 %laiulkvi- I)rkv. Coliimbia. \I()65202, 31-1-•I 13.1666 i i Mr. Bates February 3. 1988 Page 2 Based on our lack of specific information concerning the elevations of the various structures, the actual location of flooding, and determination of what the ultimate solution may be. we believe it will be difficult to provide an accurate estimate of the time, effort. and cost for the design actual of the improvements. The design could range from one or two simple detention basins north of Cimmaron to three detention basins. culvert improvements, and/or channel improvements at various locations. We have included a third portion of this proposal as an example of what the possible design costs could be. Should you have any questions concerning any of these items, or if you see areas in which you would desire a modification of our level of effort. please do not hesitate to contact me. Yours truly, *TILLER ASSOCIATES ENGINEERS. P aNNERS & SURVEYORS, INC. l� ohn V. Huss, PE Director of Production JVH:ju Enclosures I PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES CITY OF JEFFERSON, MISSOURI CIMMARON/KNIGHT VALLEY DRAINAGE. STUDY PART I: STUDY EAST SIDE TANNER BRIDGE ROAD. On January 28, 1988, engineers from Miller Associates visited with Mr. Mike Bates. Director of Public Works. and several other staff members to review the storm drainage problems in the Cimmaron/Knight Valley area. Based upon this review, it appears that the City of Jefferson has a substantial amount of background information which will be of assistance in determining an economical and satisfactory solution to the storm problems within this subdivision. Little specific information is available with respect to the topography, actual field conditions of the various culverts, channel, and finish floor elevations of the residences which are experiencing flooding problems. Based on this. it would seem that the most cost-effective way to approach the problems in this area would be to gather enough specific information concerning the drainage basin to determine what type of solution will be the most cost-effective to mitigate or eliminate the flooding problems that residents in this area are experiencing;. Based on this, the following process is recommended for the study and recommendation to the City concerning this drainage basin. 1 . Information Gathering. The Engineer will meet with staff members of the City of Jefferson and attend a public meeting set up by the City of Jefferson concerning the drainage basin in order to gather all available information concerning the precise locations and extend of flooding within this drainage basin. 2. Field Reviews. After the public meetings and staff meetings have been held, the Engineer will make a detailed field review of the drainage basin to specifically identify e requiring either detailed survey work or minimal surveying. 3. The Engineer will field survey the stream alignment, gradient of the flow line, and top of bank, building locations and low floor elevations, existing culvert geometries and elevations along with the roadway elevations and geometries. This work will be done using a total station and will provide a random baseline and control fox, any future design improvements within this basin. l 4. Information from the survey will be dumped from a data collector into the computer and the computer will plot this information. Utilizing this computer plot along with tax maps, subdivision plats. street plans. and other available data. the Engineer will draft base sheets of the entire drainage basin along with a gradient profile of the stream. S. The Engineer will computer model. the existing drainage basin based upon full future developmental conditions of the upper reaches of the basin along with development of those lots which are currently vacant. b. The Engineer will tabulate all public information. drainage data, and survey data. The Engineer will analyze the drainage system and specifically look at the following items; placement of a detention basin tributary to the northwest of Cimmarion Drive. placement of a detention basin in the northeast tributary north of Cimmaron Drive. placement of a detention basin south of Cimmaron Drive and north of Carousel Drive, various combinations of the above detention basins. their effects on the downstream property owners, and analysis of the existing drainage structures under the roadways. The locations of the variou3 possible detention areas and culvert locations are shown on the attached drawing. 7. all data will be evaluated and preliminary cost estimates for the various options will be generated and a report outlining the various options and recommendations of the options will be presented. This report will also provide all the technical information along with the profiles that would be expected after the recommended improvement is constructed. This stream profile data would enable the City of Jefferson to place low floor elevation restrictions on the various lots which have not been developed to minimize the possibility of flooding. The following is a breakdown of the hours that we believe are necessary for the various tasks needed to complete this study. This LOF is presented to demonstrate the detailed manpowerwe anticipate in completing this study. STUDY - PART I - East of Tanner Bridge Road CODE 2 MA': COST No. DESCRIPTION PM ENGR DRAFT CREW CLERK ADMIN (S) I Ol Proj. tingt/Admin 4 4 02 Client Meetings 6 V 3U 03 Public Meetings 3 3 15 05 Work Plans 1 2 2 07 Q/A 2 4 2 10 Draft Drain. Base Map (30-40 Scale) 24 11 Field Review G 15 20 Comp. Model-System Post Dev. 8 21 Tabulate Public/ Survey Data 3 22 Analyze Det Locations - NW - NE 2 - Ctrl. 2 - Combination 8 - Culverts 4 23 Evaluate Data 2 4 24 Cost Estimates-Prelim 4 25 Draft Report- 6 Recommendations 4 12 70 Surveys i0 80 Painting-Drawings/ 4 200 Report 18 62 48 30 18 ____6'200 Based on the level of effort being proposed in the preceding table, the cost for this work would range from $7,475 to $8,915. ._ IF �, • ; ; ��° PHASE I STUDY Cimarron/Knight n'ght i/alley , Detention LL POSSIBLE DETENTION FACILITIES �\ POSSIBLE DETENTION FACILITY .� l CULVERTS I \\ \ CULVERT \ 'j • • ' ,o CULVERT • s CULVERTS i PART 11 - STUDY URAINAGE AREA - WEST OF TANNER BRIDGE ROAD The second part of this proposal is for the study of the drainage area primarily to the west of Tanner Bridge Road. A study approach to this drainage basin would have many similarities to that of the developed area east of Tanner Bridge Road, but would not be as detailed in the area of specific design elevations and profiles. We do not believe that any surveying over and above that part outlined in the first phase of the study would be necessary for this study. The following is an outline of the proposed tasks necessary to complete this study. i 1. Meeting would be held with the client to obtain all specific information available on this drainage basin including information having to do with street drainage culverts, Highway Department data, and land use and ownership maps. 2. A field review would be done to obtain some specific design data with respect to sizes of existing culverts, available headwater depth, etc. 3. a preliminary drainage map would be developed by blowing up a USGS map to a larger scale to enable some more detailed analysis of the drainage basin. 4 . The drainage basin would be modeled utilizing flows after development has occurred to determine impact of culverts and drainage channels on the existing; downstream development and possible future development. 5. "filler Associates would then analyze placing detention basins in three areas as is shown on the attached drawing and analyze the existing culverts and channel characteristics to determine the feasibility and sizing of possible detention facilities. 6. Miller Associates would then evaluate the data, prepare preliminary cost estimates for the option and draft a report including of tforsfuture development control aof this basin basin with respect to future. runoff. 7. The following is a task and hour breakdown showing the specific levels of effort that we believe necessary the various facets of this study. i • i i TUUT - PART 11 - W. SIDE TANNER BRIDGE ROAD 'OUE 2 MAN COST o, DESCRIPTION PM ENGR DRAFT CREW CLERK ADMIN (S) 1 Pr0j . Mngt:/Admin 4 4 6 )2 Client Meetings 6 6 3U 5 Work Planning 2 )7 Q/A 2 2 1 2 0 Field Review-Gather Data (Culvert size. avail , head. etc. ) 6 1' 30 Prep. Map. D.A.- Blow-Up USGS- 2'e 3' 8 31 model D.A. - Calc Flows 8 3 32 analyze Detention locations/culverts 3. plus combinations 8 33 Evaluate Data 2 4 34 Prelim Cost Est, 3 35 Draft Reports 6 8 6 31 Printing Reports/ 4 Drawings 14 45 20 16 6 145 The estimated cost for this work is $4,310 to $5.150. .jam•+- •�•• �3 • . • 00, .\� •``f s' :y' J• . t • • k. PHASE 2 STUDY s . Ito ' '�• Tanner Bridge Road Vest CULVERT l •�• " ` ..�.7:\ - Nv�,.: POSSIBLE DETENTION FACILITIES �'U •`��' Jll \\ CULVERTS c ' O 1 CULVERT • V \ �` (� - �N% DESIGN PROPOSAL it is the understanding of Miller Associates that due to the time of year and the desire of the City of Jefferson to construct improvements during the 1988 construction season that the City desires to obtain a proposal for design services for the improvements in the drainage basin east of Tanner Bridge Road. It is very difficult to establish specific costs and scope of services when the actual design concept has ,vet to be established. Therefore, we have included a proposed design scope which may be included in a contract that would cover a moderate amount of improvements to this drainage basin. The assumed design scope would be the design of two detention basins one in each tributary north of Cimmaron Drive; improvement of two culverts under Cimmaron Drive, the culvert under Carousel, the private culvert between Cimmaron and Carousel, and the box culvert under Hoffman Drive. along with the drainage ditche to the east of the box culvert also on Hoffman Drive. It is anticipated that no surveying would be needed for the culvert improvements over and above that done in the study phase. Hours are included for a boundary survey of the 2 detention basin areas, legal descriptions for acquisition, topographic surveys for design. and rack probes which would be done with our own drill rig. The surveying would be accomplished with a total station. The information would be input directly into the computer and a plot would be generated for a preliminary design. A final engineering design of the two detention basins and culvert upgrading along with technical specifications would then be generated. No bid documents or bid services would be proposed as a part of this project. A quantity takeoff and a cost estimate would be included. Upon completion of plans and specifications final meeting with be held with client to review final plans for approval. The following is table of the proposed design tasks and manpower hour loadings, DESIGN - 2 BASINS. 7 CULVERTS CODE 2 MAN COST NO DESCRIPTION PM ENGR DRAFT CREW CLERK ADMIN ($) 01 Project Mn.t.-Admin 4 6 02 Meetings 6 6 2 30 05 Work Plans 1 2 07 Q/A 2 6 2 1 10 Field Review-Prelim Staking 5 1 15 30 Prel. Drafting 8 31 Prel. Engr/Des . 16 32 Des, Evaluation 2 4 1 33 Final Des. Plans 10 34 Final Drafting 32 35 Tech Specifications 4 4 36 Quantity Take-Off Cost Est. 4 6 37 Rock Borings 500 t 70 Boundary Surveys 1 7 8 2 71 Topographic Surveys 2 6 72 Survey Supervision 2 73 Legal Desc.-Bldg. Survey 1 3 1 80 Printing Plans/Specs. 4 150 14 60 60 14 18 6 695 This proposal and manpower hour loadings is based on the design of two detention basins north of Cimmaron and the upgrading of seven culverts. If during the study phase it is determined that a lesser level of effort is necessary, we would easily be able to scale back the level of effort. If after the report has been presented, it is determined that the actual design is in excess of the assumed design scope as outlined above, such as full survey of the entire channel and construction of a channel liner for the entire drainage system, we would feel that some renegotiation of this portion of the design contract would be justified. The design fees for the preparation of plans and specifications in conformance with the above outlined scope of services would range $7,360 to $8,650.