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HomeMy Public PortalAboutORD09548 BILL NOS Ae J INTRODUCED BY COUNCILMAN ORDINANCE NO, AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI', AUTHORIZING THE MAYOR AND CLERK OF THE CITY TO EXECUTE AN AGREEMENT WITH Johnson, Brickell, Mulcahy, and Associates , Inc. Kansas City, Missouri 64114 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1, The Mayor and Clerk of the City are hereby authorized and directed, for and in the name of the City, to execute a written contract with Johnson, Brickell , Mulcahy, AMML and Associates , Inc, for the design of the traffic signal controls and construction of geometric modifications at the intersection of Stadium Boulevard and Jefferson Street for the sum of $9, 105 ,00 , SECTION 2, A copy of said agreement is attached hereto. SECTION 3, This ordinance shall take effect and be in force from and after its passage and approval, Passed:��� /� / Approved: //- /�: E-d T �f r ide t of the Co cil ay r ATTEST: City C e ENGINEERING SERVICE AGREEMENT t� AGREEMENT made as of u ZL , 1980, between the City of Jefferson City, Missouri (hereinafter 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 "CONSULTANT"). WITNESSETH: That said CITY has submitted an official request to the Missouri State Highway and Transportation Department for the inclusion of the following project in the Federal-Aid Urban Program: the installation of traffic signal controls and construction of geometric • modifications at the intersection of Stadium Boulevard and Jefferson Street. .hereinafter called the "PROJECT". That said CITY desires federal participation in the cost of preliminary design layout and detail plans, specifications, and estimates as well as the construction cost of the PROJECT. That the engineering staff of the CITY is not adequate to prepare these plans and handle necessary CITY work. That the CITY desires to contract with the CONSULTANT for the necessary Engineering services to develop the preliminary design layout and detail plans, specifications and estimates for the PROJECT. NOW, THEREFORE, in consideration of the mutual undertaking herein contained, the parties agree as follows: ARTICLE I The CITY agrees: 1. To provide the necessary surveying and related data for preparation of preliminary design layout and detail plans, as needed, for development of individual intersection base maps as follows: (a) Establish bench marks at the individual intersections included in this project. (b) Establish center line for each street and run levels for elevations of center line as required. (c) Run cross sections at suitable intervals on each street to the existing ® right-of-way or as required. (d) Identify topographic features within and adjacent to each intersection's right-of-way to include pavement edges; curbs; drainage structures; fire hydrants; utility poles; utility manholes; meters and valves; fences; trees and shrubs; driveways and sidewalks; and other pertinent features. (e) Furnish records of existing underground utilities at the individual intersections included in this project. (f) Furnish copy of recorded plats at the individual intersections included in this project. 2. To review and approve CONSULTANT'S preliminary location and/or design layouts prior to detailed progress of the work. 3. At monthly intervals, the CONSULTANT shall submit to the CITY a certified invoice for allowable cost incurred in the performance of this Agreement. 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 detailing the work as performed by the CONSULTANT per invoice period. 2 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 Agreement, 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 the sum of Nine Thousand One Hundred and Five Dollars ($9,105.00), the determination of which is shown in Appendix A. Final payment of 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 Nine Hundred Forty-Seven Dollars and Sixty-Nine Cents ($947.69). It is understood that the payroll additives and general and administrative overhead percentages for the CONSULTANT shown in Exhibit "B" (39.72% and 67.45% of productive salaries, respectively) are for the purposes of estimating the total compensation and of providing a method of monthly payments to the CONSULTANT. The actual amount for said additives and overhead costs and percentages shall be subject to audit by.the CITY, the State of Missouri, the Federal Highway Administration or their appointees upon completion of the CONSULTANT'S work under this Agreement. It is further agreed, however, that the final payment for said payroll additives and general and administrative overhead costs may be based on accounting records of the CONSULTANT for a period of time approximately coincident with the period of the Agreement, with the mutual consent of the CITY, the Missouri State Highway and • Transportation Department and the Federal Highway Administration. The basis for determining allowable costs shall be FHPM 1-7-2 and Part 1-15 of the Federal Procurement Regulations. 3 ARTICLE H The CONSULTANT agrees: 1. To prepare plans using available CITY standards and the Missouri State Highway and Transportation Commission Design Standards and to furnish the CITY detailed construction plans for the specified improvement and perform all required work incidental thereto in a manner 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 sets 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 State Highway and Transportation Commission for office check. Plans to have design work complete but not necessarily checked by CONSULTANT. A similar set of prints to be furnished to the CITY. 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 State Highway and Transportation Commission with one set of prints (white background) of tracings for a final check. A similar set of prints shall be furnished to the CITY. e. To furnish the CITY with complete originals for the project, including all design calculations, tracings, drawings, and specifications as approved. 4. To have available for review by the CITY, Missouri State Highway and Transportation Commission and Federal Highway Administration's personnel, all plans being prepared and supporting information at the CONSULTANT'S office at 8301 State Line Road, Kansas City, Missouri. 4 4 • • r1 • • 5. To complete the plans within (p days from the date of notification received in writing from the CITY. 6. To save the CITY harmless in accordance with applicable law from all damages to persons or property caused by him, his agents, employees or subcontractors which may result from their negligent performance of any of the services furnished under this contract. 7. Be responsible for the review and approval of all construction shop drawings, catalog cuts, and materials certification data to insure conformance of the traffic signal equipment and materials to the project specifications. 8. To accept compensation for the work herein described in such amounts and at such periods as indicated.in Article I, Sections 2, 3, and 4. 9. To maintain all books, documents, papers, accounting records, and other 40 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 Missouri State Highway and Transportation Commission, Federal Highway Administration, or any authorized representative of the Federal Government. Copies shall be furnished if requested. 10.To comply with all federal, state, and local laws and ordinances applicable 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. 11. The CONSULTANT warrants that he has not employed or retained 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 of 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. 5 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. 2. That the right is reserved by the CITY to terminate 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 CONSULTANT 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 Agreement. 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 extension of time shall be requested in writing by the CONSULTANT, stating fully the reasons for such request. 5. 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 terms 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 compensation be paid except on the basis of the provisions of a supplemental agreement which may be duly entered into by the parties. All such supplemental agreements shall be submitted to the Missouri State Highway and Transportation Commission for approval prior to execution by the parties. 6 w 7. That this Agreement shall not be in force until written approval is received by the CITY from the Missouri State Highway and Transportation Commission and the Federal Highway Administration, U.S. Department of Transportation. B. 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. 9. That any disputes of facts which might develop as a result of this Agreement shall be decided by the City Council of the City of Jefferson City, Missouri. IN WITNESS WHEREOF, said parties have caused this Agreement to be signed by '.4fiear-duly auttiprized officers. • (-=ATTEST CITY OF JEFFERSON CITY, MISSOURI ayor ATTEST JOHNSON, BRICKELL, MULCAHY AND ASSOCIATES, INC. Notary Public Oesidefni My commission expires Secretary -^ This Contract is approve a to legal and legality. / CITY ATTORNEY APPENDIX A Estimated Engineering Service Cost for ® Johnson, Brickell, Mulcahy and Associates, Inc. I. TRAFFIC SIGNAL DESIGN A. PLAN PREPARATION AND FIELD CHECK Principal Engineer 20 hrs. @ $16.15 = $ 323.00 Associate Engineer 20 hrs. @ $11.54 = 230.80 Senior Draftsman 16 hrs. @ $ 8.08 = 129.28 Junior Draftsman 16 hrs. @ $ 6.78 = 108.48 Subtotal Direct Labor = $ 791.56 $ 791.56 B. FINAL PLANS, SPECIFICATIONS, AND COST ESTIMATE Principal Engineer 20 hrs. @ $16.15 = $ 323.00 Associate Engineer 20 hrs. @ $11.54 = 230.80 Senior Draftsman 16 hrs. @ $ 8.08 = 129.28 Secretarial 16 hrs. @ $ 4.47 = 71.52 Subtotal Direct Labor = $ 754.60 $ 754.60 PHASE I - TOTAL DIRECT LABOR = $1,546.16 II. GEOMETRIC DESIGN A. PLAN PREPARATION AND FIELD CHECK Principal Engineer 30 hrs. @ $16.15 = $ 484.50 Associate Engineer 30 hrs. @ $11.54 = 346.20 Senior Draftsman 48 hrs. @ $ 8.08 = 387.84 Subtotal Direct Labor = $1,218.54 $1,218.54 B. FINAL DESIGN PLANS, SPECIFICATIONS, AND COST ESTIMATE Principal Engineer 24 hrs. @ $16.15 = $ 387.60 Associate Engineer 24 hrs. @ $11.54 = 276.96 Senior Draftsman 24 hrs. @ $ 8.08 = 193.92 Secretary 16 hrs. @ $ 4.47 = 71.52 Subtotal Direct Labor = $ 930.00 $ 930.00 PHASE II - TOTAL DIRECT LABOR = $2,148.54 A-1 Total Direct Laobr (Phase I and II) - $3,694.70 Payroll Additives (39.72%) = 11467.53 ® Indirect Overhead (67.45%) = 2,492.08 Materials (Prints, Reproductions, etc.) = 250.00 Total Productive Cost = $7,904.31 Fixed Fee = 947.69 Travel (900 mi. @ 1740 = 153.00 Subsistence (4 man days $25.00/day) = 100.00 TOTAL ESTIMATED COST - $9,105.00 A-2 APPENDIX B Johnson, Brickell, Mulcahy and Associates, Inc. Cost Accounting Audited April 1, 1980 to March 31, 1981 Payroll Additives Holidays 4.26% Sick Leave 2.18% Vacation 5.06% Retirement Plan 10.09% Group Health Plan 6.78% Group Insurance Plan 0.77% Employee Benefits 1.43% Workmen's Compensation Insurance 0.36% Payroll Taxes (Social Security, State Unemployment and Federal Unemployment) 8.79% Total Payroll Additives 39.72% Indirect Overhead Administrative Overhead (including supervision, clerical contract negotiation, etc.) 21.63% Contract Work 0.26% Dues and Subscriptions 1.90% Drafting Supplies 2.35% Printing Supplies 5.13% Office Supplies 2.53% Rent - Equipment 1.11% Rent - Office 12.11% Travel - Administrative 2.94% Telephone.and Telegraph 4.46% Postage 0.74% Repairs and Maintenance 1.71% Depreciation 2.74% Taxes - General 0.35% Insurance 5.35% Legal and Accounting 2.00% Miscellaneous 0.14% Total Indirect Overhead 67.45% B-1 w APPENDIX C To Agreement Dated between Johnson, Brickell, Mulcahy and Associates, Inc. and 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 (hereinafter referred to as the "Consultant") agrees as follows: (1) Compliance with Regulations: The Consultant will comply with the Regulations of the Department of Transportation relative to nondiscrimination in ® federally 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 not discriminate 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 procurements 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. C-1 s (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, the Missouri State Highway and Transportation Commission, or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the City of Jefferson City, the Missouri State Highway and Transportation Commission, or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City of Jefferson City shall impose such Agreement sanctions as it or the Missouri State Highway and Transportation Commission or the 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, the Missouri State Highway and Transportation Commission 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 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 84114, 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, contribution, 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 Missouri State Highway and Transportation Commission and the Federal Highway Administration, U.S. Department,of Transportation, in connection with this contract involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. le.,4 • Date Ed d J. u eahy D-1 CERTIFICATION OF CITY I hereby certify that I am the Dir . Public Works of the City of Jefferson City, Missouri , and that the above contractor or his representative has not 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 to the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature S . D-2 EXHTRZT D Federal-Aid Project Location Contracting Agency. State CERTIFICATION OF MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT I hereby certify that I am the Chief Engineer of the Missouri Highway and Transportation Department and that the consulting firm of or his representative has not 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, in 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): 1 acknowledge that this certificate is to be furnished the Federal Highway Administration, U. S. Department of Transportation, in connection with this contract involving participation of Federal-Aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) (Signature)