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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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(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.
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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.
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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)