Loading...
HomeMy Public PortalAboutORD08703 BILL NO. INTRODUCED BY COUNCILMAN '��b T x.•, { ORDINANCE NO. i I i AN ORDINANCE OF THE CITY' OF JEFFERSON, MISSOURI , AUTHORIZING !� AND DIRECTING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A { WRITTEN AGREEMENT WITH JOHNSON, BRICKELL, MULCAHY AND ASSOCIATE INC. , RELATING TO SIGNALS PROJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS: SECTION L. The Mayor and Clerk of the City are hereby authorized and directed, for and in the name of the City, to execute a written agreement with Johnson, Brickell , Mulcahy and Associates , Inc. , relating to signals project. ` SECTION 2 . Said agreement shall read in words as follows : (SEE ATTACHED) SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval . Passed: — ` Approved: re ident of the Council Mayor Attest :*{ �j City CJkrk i { I I� f" ENGINEERING SERVICE AGREEMENT / ^a it.y AGREEMENT made as of A b ween the City of Jefferson City, Missouri ( hereinalKer called the "City" ) , and Johnson, Brickell, Mulcahy and Associates, Inc. , a Missouri Corporation, with offices at 8301 State Line Road, Kansas City, Missouri ( hereinafter called the "Consul- tant" ) . WITNESSETH: That said City has submitted an official request to the Missouri Division of Highway Safety for the following improvement on the street network of Jefferson City, Missouri described as follows: The installation of traffic signal controls at the intersections of Broadway and McCarty; Capitol and Jefferson; Broadway and Dunklin, Jefferson and Dunklin; Madison and Dunklin; Monroe and Duraklin; and Broadway and High. The modification of existing traffic signal controls at Dix and Industrial. That said City desires federal participation in the cost of the preliminary engineering and plan preparation as well as the construction cost of this project. That the engineering staff of the City is not adequate to prepare these plans and handle other necessary City work . That the City desires to engage the services of the Consultant to prepare the traffic signal control plans. NOW, THEREFORE, in consideration of the mutual undertaking herein con- tained, the parries agree as follows: " ARTICLE I The City agrees: 1 . To conduct field measurements at each study intersection to locate existing utility poles, underground utilities, driveways, trees, sidewalks, build- ing lines, and other miscellaneous items within the right--of-way of each study intersection. To prepare base maps from this inventory at a scale of 1" = 20' to be utilized by the Consultant in the preparation of individual signal plans, 2. ' To review and approve Consultant's preliminary location and/or design layouts prior to detailed progress of the word.. 3. At monthly intervals, the Consultant shall submit to the City a certi- fied invoice for allowable cost incurred in the performance of this Agreement. It is hereby agreed that an amount equal to five per cent ( 5% ) of the total compen- sation payable to the Consultant under this Agreement shall be withheld by the City until said City has determined if the Consultant has satisfactorily completed the work required under this Agreement. . r w" Invoice payments shall be based on the actual cost incurred by the Consultant ® per invoice period. All invoices shall be documented by a progress report detail- ing the work as performed by the Consultant per invoice period. 4. Within thirty ( 30 ) days after receipt of Consultant's invoice, City shall make payment thereon to the Consultant. Payment on account of the fixed fee shall be in installments at the time of payment on account of the allowable cost, each such fixed fee installment thus payable to be in an amount which shall bear the same proportion to the total amount of the fixed fee of this Agree- ment, as said payment on account of allowable cost bears to the total estimated cost of performance for this Agreement. 5. The Consultant shall complete all of the work as set forth in this Agreement on a cost-plus•-fixed-fee basis not to exceed an estimated sum of Eighteen Thousand Three Dollars and Ninety-five Cents ( $18,003.95 ) , the determination of which is shown in Appendix A. Final payment for the services specified in this Agreement are to be based on actual costs to the Consultant during the period of time the work is performed, plus a fixed-fee of One Thousand Six Hundred Seven Dollar, and Sevente an Cents ( $1 ,607.17 ) Aft It is understood that the direct payroll additives and general and administrative overhead percentages for the Consultant shown in Appendix B ( 32.75% and 53.38° of productive salaries respectively ) are for the purposes of estimating the total compensation and of providing a method of monthly payments to the Consultant. Upon the completion of the Consultant's work under this Agreement the final payment for said additives and overhead will be based on accounting records of the Consultant from which the actual said additives and overhead incurred during the period of the Agreement and allocable to it will be established. ARTICLE II The Consultant agrees; 1 . To prepare plans using the Missouri State Highway Commission De- sign Standards, and to furnish the City detailed construction plans for the specs- fied improvement and perform all required work incidental thereto in a zrcanner acceptable to the City. 2. To prepare revised plans, as requested by the City, made necessary by errors, omissions or negligence of the Consultant, at any time prior to the completion of the construction as covered by this project. 3. a. To prepare and furnish one set of prints ( white background ) of preliminary construction plans for field check and review to the City. b. To furnish one complete set of prints ( white background ) to the Missouri Division of Highway Safety for office check. Plans to have design work complete, but not necessarily checked by Consultant. A similar aet of prints to be furnished to the City. -2- c. The plans are not to be finalized until the City has given "design approval" and has notified the Consultant in writing that the plans may be completed. d. To furnish the Missouri Division of Highway Safety with one set of prints ( white background ) of the tracings for a final ;heck. A similar set of prints shall be furnished to the City. e. To furnish the City with complete originals for the project, includ- ing all design calculations, tracings, drawings and specifications as approved. 4. To have available for review by the City, Missouri Division of High- way Safety and Federal Highway Administration's personnel, all plans being pre- pared and supporting information at the Consultant's office at 8301 State Line Road, Kansas City, Missouri. 5. To complete the plans within 120 days from the date of notification to proceed from the City. 6. To save the City harmless from all damages to persons or property caused by him, his agents, employees or subcontractors which may result from their operation in connection with the work. 7. To accept compensation for the work herein described in such amounts and at such periods as indicated in Article I, Sections 3, 4, and 5. 8. To maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and to make such material available at their office at all reasonable times during the contract period and for three years from the date of final payment under the contract for inspection by the Mis- souri Division of Highway Safety, Federal Highway Administration, or- any autho- rized representative of the Federal Government. Copies shall be furnished if requested. 9. To comply with all federal, state and local laws and ordinances appli- cable to the work and to comply with Appendix "C" , relative to Title VI of the Civil Rights Act of 1964, which is attached to and made a part of this Agreement. 10. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Con- sultant, to solicit or secure this contract, and that he has not paid nor agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability,. or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent .fee. Appendix "D" is attached to and made a part of this Agreement. 1 ' -3- ARTICLE III The parties hereto mutually agree; 1 . That the services to be performed by the Consultant under the terms of this ,Agreement are personal and cannot be assigned, sublet or transferred without consent of the City. Z. That the right is reserved by the City to tenninate this Agreement at any time, upon written notice, in the event the improvement is to be abandoned or indefinitely postponed or because of the Consultant's disability or death, or because the services of the Consultant are unsatisfactory, or failure by the Con- sultant to prosecute the work with due diligence or to complete the work within the time limits specified in this Agreement; provided, however, that in any such case the Consultant shall be paid the reasonable value: of the services rendered up to the time of termination on the basis of the payment provisions of this Agree- ment. 3. That the Consultant and the City may arrange for such conferences, visits to the site or inspection of the work as may be deemed necessary or desirable. 4. That an extension of time shall be granted the Consultant for delays recognized by the City as unavoidable; provided, however, that such axten:�ion of time shall be requested in writing by the Consultant, stating fully the reasons for such request. a S . That.all plans, drawings and documents pertaining to the project shall become the property of the City upon the completion thereof in accordance with the terns of this Agreement. Further use shall be subject to the approval of the' .. city. 6. That if additional work by reason of a major change In the scope of the proposed project should be necessary, the Consultant will be given by the City a written notice including a request for an estimate of additional costs plus a fixed.. fee for profit for the performance of such additional work. No additional work shall be performed nor shall additional cc�-npensation be paid except on the basis of the : provisions of a supplemental agreement which may be duly entered into by the parties. 7. it is further agreed that this Agreement and all contracts entered into under the provisions of this Agreement shall be binding upon the parties hereto and their successors and assigns. -4- IN WITNESS WHEREOF, said parties have caused this Agreement to be signed by their duly authorized officers. ATTEST JEFFERSON CITY, MISSOURI l Mayor 1 ATTEST JOHNSON, BRICKELL, MULCAHY AND ASSOCIATES, INC. e s dent ecretary 7 APPENDIX A ESTIMATED ENGINEERING SERVICE COSTS for Johnson, Brickell, Mulcahy and Associates, Inc. I. TRAFFIC SIGNAL DESIGNS ( 7 Locations ) AND SIGNAL MODIFICATION ( 1 Location ) A. FIELD INVENTORY Principal Traffic Engineer 16 hrs. @ $9.66 = $154.56 Subtotal Direct Labor = $154.56 $154.56 B. PLAN PREPARATION 1 . Office Principal Traffic Engineer 280 hrs. @ $9.66 = $2,704.80 Junior Traffic Engineer 192 hrs. @ $6.35 = 1,219.20 Chief Draftsman 76 hrs. @ $7.07 = 537.32 Senior Draftsman 192 hrs. @ $5.42 = 1 ,040.64 Subtotal Direct Labor = T5,501 .96 $5,501 .96 2. Field Check Principal Traffic Engineer 16 hrs. @ $9.66 = 154.56 Subtotal Direct I.,abor = $154.56 $154.56 C. FINAL PLANS, SPECIFICATIONS, AND COST ESTIMATE Principal Traffic Engineer 112 firs. @ $9.66 = $1 ,081 .92 junior Traffic Engineer 72 hrs. @ $6.35 = 457.20 Chief Draftsman 56 hrs. @ $7.07 = 395.92 Secretarial 32 hrs. @ $4.93 = 157.76 Subtotal Direct Labor = $2,092 .80 $2,092.80 D. SIGNAL SEQUENCE AND TIMING Principal Traffic Engineer 24 hrs. @ $9.66 = $231 .84 junior Traffic Engineer 32 'ars. @ $6.35 = 203.20 junior Draftsman 24 hrs. @ $3.37 = 0,88 Subtotal Direct Labor - $515.92 $515.92 Total Direct Labor Cost = $ 8,419.80 Payroll Additives ( 32.75% ) - 2,757.49 Indirect Overhead ( 53.38% -- 4,494.49 Materials ( Prints, Reproductions, Mylar Material, etc. ) = 400.00 Total Productive Cost -- $16,071 .78 Fixed Fee ( 10% ) = 1,607.17 Travel ( 1,500 miles @ $0.15/mi. } _ 225.00 Subsistence ( 4 days @ $25.00/clay ) - 100.00, TOTAL ESTIMATED COST = $18,003.95 A-1 4 APPENDIX B Johnson, Brickell, Mulcahy and Associates, Inc. Cost Accounting From April 1 , 1 973 to March 31 , 1974 Payroll Additives Holidays 4.18% Sick Leave 1.46% Vacation 6.38% Military Leave 0.4ary Retirement Plan 8.78% '! Group Health Plan 5.0196 Workmen's Compensation Insurance 0.19% Payroll Taxes: Social Security State Unemployment 0.2296 Federal Unemployment 0.25%° Total Payroll Additives 32.75% Indirect Overhead Administration including supervision, clerical, contract negotiation, etc. ) 18.28% Contract Work 2.50% Dues and Subscriptions 0.24° Drafting Supplied 1.44% Printing 5.08% Office Supplies 0.98% Rent - Equipment 0.99% Rent - Office 14.89% Promotion ( attendance at professional and technical meetings ) 1.02% Travel 1.14% Telephone and Telegraph 2.28% Postage 0,31% Repairs and Maintenance . 0.41% Depreciation 1.29% Taxes - General 0.82% Insurance 0.32% Legal and Accounting 0.66% Entertainment 0.73% Total Indirect Overhead 53.38% B-1 APPENDIX C To Agreement Dated Between Johnson, Brickell, Mulcahy and Associates, Inc. and The City of Jefferson City, Missouri During the performance of this Agreement, Johnson, Brickell, Mulcahy and Associates, Inc. for itself, its assignees and successors in interest ( herein- after referred to as the "Consultant" ) agrees as follows: ( 1 ) Compliance with Regulations: The Consultant will comply with the Reg- ulations of the Department of Transportation relative to nondiscrimination in fed- erally assisted programs of the Department of Transportation ( Title 49, Code of Regulations, Part 21, hereinafter referred to as the Regulations ), which are herein incorporated by reference and made a part of this Agreement. (2 ) Nondiscrimination: The Consultant, with regard to the work performed by it after award and prior to completion of the Agreement work, will riot discrim- inate on the ground of race, color or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21 .5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix "A" , "B" , and "C" of the Regulations. (3 ) Solicitations for Subcontracts, Including Procurements of Materials and Equipment; In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including pro- curements of materials or equipment, each potential. subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) Information and Reports: The Consultant will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereof, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Jefferson City, Missouri Division of Highway Safety or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instruc- tions. Where any information required of the Consultant is in the exclusive pos- session of another who fails or refuses to furnish this information, the Consultant shall so certify to the City of Jefferson City, Missouri Division of Highway Safety, or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. C-1 (5 ) Sanctions for Noncompliance: In the event of the Consultant's noncom- pliance with the nondiscrimination provisions of this Agreement, the City of Jefferson City shall impose such Agreement sanctions as it or the Missouri Divi- sion of Highway Safety or Federal Highway Administration may determine to be appropriate, including, but not limited to, (a) withholding of payments to the Consultant under the Agreement until the Consultant complies, and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. ( 6) Incorporation of Provisions: The Consultant will include the provisions of paragraph (1 ) through (6) in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant will take such action with respect to any subcontractor or procurement as the City of Jefferson City, Mis- souri Division of Highway Safety or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the City of Jefferson City, the State or the United States to enter into such litigation to protect their respective interests. C-2 APPENDIX D CERTIFICATION OF CONTRACTOR Aft I hereby certify that I am the President and duly authorized representative of the firm of Johnson, Brickell, Mulcahy and Associates, Inc. , whose address is Suite 105, 8301 State Line Road, Kansas City, Missouri 64114, and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person ( other than a bona fide employee working solely for me or the above contractor ) to solicit or secure this contract, (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid, or agreed to pay, to any Firm, organization or person ( other than a bona fide employee working solely for me or the above contractor ) any fee, contri- bution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract; Except as here expressly stated ( if any ): I acknowledge that this certificate is to be furnished to the State Highway Depart- ment and the Federal Highway Administration, U. S. Department of Transportation, in connection with this contract involving participation of Federal-did highway funds, and is subject to applicable State and Federal laws, both criminal and civil. ( Date ) Herbert . Johnson CERTIFICATION OF CITY L-bereby certify that I am the _ of the City of and t at the above contractor or his representative 1 ilcot been required, directly or indirectly as an express or implied,condition in connection with obtaining or carrying out this contract to (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person; or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated ( if any ): I acknowledge that this certificate is to be furnished the Federal Highway Admin- istration, U. S. Department of Transportation, in connection with this contract involv- ing participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civj:. ( Date ) Signature '