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HomeMy Public PortalAboutORD09839 �j i I� BILL NO. J . li (' INTRODUCED BY COUNCILMAN I (,;ORDINANCE N0. V 1�10 ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE 'MAYOR AND CLERK OF THE CITY TO EXECUTE AN AGREEMENT WITH JOHNSON, I`BRICKELL, MULCAHY, AND ASSOCIATES, INC. , KANSAS CITY, MISSOURI , 164114. i,'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 i ' authorized and directed, for and in the name of the city, to 'execute a written contract with Johnson, Brickell, Mulcahy i and Associates, Inc. for the design of the traffic signal ' controls and construction of geometric modifications at the intersection of Stadium Boulevard and Southwest Boulevard for ' the sum of Fourteen Thousand Seven Hundred and No/100 Dollars i ($14, 700. 00) . SECTION 2. Said contract shall be substantially the same lin form as that agreement attached hereto as Exhibit "A ' . fSECTION 3. This ordinance shall take effect and be in ' force from and after its passage and approval. i Passed 11. 19YA Approved /o — o?•S= -` d P i e of the C ci M r !ATTEST: y C r f j it I � t i 1. i �i AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Traffic Signalization and Intersection Improvement Stadium Boulevard and Southwest Boulevard THIS CONTRACT, hereinafter called the "AGREEMENT", made at Jefferson City, Missouri, this 8th day of September, 1982, by and between the CITY OF JEFFERSON, MISSOURI, a municipal corporation with offices at 240 East High Street, Jefferson, City , Missouri, 65101, hereinafter called the "CITY" and Johnson, Brickell, Mulcahy and Associates , inc. , with offices at Suite 105 , 8301 State Line Road, Kansas City, Missouri 64114, hereinafter call the "CONSULTANT" . WITNESSETH, that whereas the City of Jefferson desires to proceed with Intersection Improvement at Stadium Boulevard and Southwest Boulevard hereinafter called the "PROJECT", AND WHEREAS the CITY is authorized and empowered to contract with the CONSULTANT for engineering services for design of the PROJECT, AND WHEREAS necessary funds for payment of said services are available, NOW THEREFORE, the CITY hereby hires and employes the CONSULTANT in accordance with the following AGREEMENT to perform the following services: PART. A 1, Total signal detail plans for installation of .a traffic actuated signal system; 2. The necessary intersection modifications to improve the vertical curve north and south on Southwest Boulevard through the intersection area; 3. The extension of curb and gutter on Southwest Boulevard south to Thompson Street; 4, The widening of the intersection approaches on Stadium Boule- vard and Southwest Boulevard utilizing portland cement as the surface material and an asphalt overlay of the roadway on Southwest Boulevard south to Thompson Street ; 5 , The development of a drainage plan for the total project area including the location of new inlets ; new laterals , relocation of existing inlets , and verification of pipe size and inlet capacity; 2 6. The completion of lighting plans at the intersection proper; 7 . The development of traffic control during construction plans and alternates with phasing to facilitate traffic movement during the construction period; and 8. The provision of an inspector to assist the City in accepting the Contractors work including inspection of the signal system and related contract construction and drainage improvements , 9. All survey work for the project to be completed by the City staff and to be supplemented by additional survey by the City staff as deemed necessary by the Consultant, 10, The Consultant would advise the City of all easements and right- of-way requirements and the City would be responsible for the description of each easement way -and right--of-way taking. 11. The Consultant would utilize available specifications and standards of the City of Jefferson City and would supplement these as necessary for the construction plans and contract documents . PART B 1. Number of Copies : During the development of plans ; the CONSULTANT w 171 provide the number of copies of completed or partially com- pleted PROJECT plans , specifications and reports as required by approving authorities , utilities , subcontractors and the CONSUL- TANT for the proper prosecution of their respective responsibili- ties in connection with the PROJECT. Upon approval of plans and specifications the CONSULTANT will furnish the CITY with the original plans and technical specifications . PART C - ASSISTANCE IN AWARD OF CONSTRUCTION CONTRACT: When requested by the CITY, the CONSULTANT will notify responsi- ble contractors of the proposed work and distribute plans , specifications and other proposed contract documents to all con- tractors requesting them. The CONSULTANT will assist the CITY in evaluating bids , will make recommendations on construction contract award, and will assist in obtaining approval to award contract. The CONSULTANT will assist the CITY in preparing con- struction contracts . PART D - CONTRACT ADMINISTRATION: 1, Progress Inspection, The CONSULTANT shall make periodic progress inspections to assure proper construction methods and techniques in accordance with the contract documents , ' 2, Conferences , The CONSULTANT shall attend prebid and preconstruc- tion conferences and assist the CITY in scheduling of progress meeting and other job conferences as required, 3 - 3,. Review of Shop Drawings and Equipment , The CONSULTANT shall review shop drawings and proposed mechanical and electrical equipment specifications to assure compliance with technical specifications , 4. Payment Estimates , The CONSULTANT will sign off for approval on all pay estimates . 5. completion. After completion of work the CONSULTANT will issue a certificate of final inspection indicating substantial com- pliance with contract document, PART E. - TIME SCHEDULES AND PROGRESS REPORTS : The CONSULTANT will begin work under this AGREEMENT within ten (10) calendar days after receipt of written notice to proceed by the CITY. The CONSULTANT will furnish Preliminary Design Layout for approval within twenty (20) calendar days after receipt of notice to proceed. The CONSULTANT will complete detail plans , specifications and estimates within forty (40) calendar days after approval of preliminary design layout . It is understood that certain parts of the work cannot begin until previous parts have been approved by the approving authorities , However, where feasible and practicable; some parts will be carried on simultaneously with the intent of com- pleting the work under this AGREEMENT efficiently and effectively at the earliest possible date, It is agreed that time is of the essence; and the CONSULTANT shall submit to the CITY monthly a Progress Report . It shall include scheduled periods for each of the elements into which the CONSULTANT'S work is divided. Each work element shall be assigned a percentage of the total work upon which progress can be computed. The total percentage complete shall be shown, The scheduled periods shall also include a time allowance for review and approvals by the approving authorities , The CITY will grant the CONSULTANT extensions of time for delays recognized by the CITY as unavoidable, provided that such ex- tensions of time shall be requested in writing by the CONSULTANT, stating fully the reasons for such requests , ® PART F - COMPENSATION 1, Method of Compensation; Compensation for the services herein- before described shall be on the basis of a lump sum amount of Fourteen Thousand Seven Hundred and No/100 Dollars ($14, 700, 00) to the CONSULTANT, - 4 - 2•. Supplemental Agreements: Compensation for major changes in scope, character, or complexity of the work, for undue delay of the PROJECT through no fault of the CONSULTANT, shall be by supplemental agreements . Said supplemental agreements may provide for changes in compensation and for the equitable adjustments , either upward or downward, lump sum amount. Supplemental agree- ments shall be signed by the CITY and CONSULTANT and shall re- ceive COUNCIL approval prior to authorization to proceed with any work covered thereby . Undue delay is defined as that caused by substantially greater than normal time requirements for approval by the approving authorities or temporary suspension by the CITY of the work under this AGREEMENT, if through no fault of the CONSULTANT, 3. Method of Payment: Upon receipt , review and approval of properly documented statements the CITY will make monthly payments to the CONSULTANT, in accordance with the compensation as specified in this AGREEMENT. A retainage equal to ten (10%) percent of the completed amount shall be withheld pending final approval . If the work is suspended or unduly delayed through no fault of the CONSULTANT, retainage withheld shall be released to the CONSULTANT within sixty (60) calendar days thereafter. 4. Payment Schedule: Payment for work performed shall be as follows : a. Preliminary Design Phase 25% b, Final Plans , Specifications and Estimate 70% C. Bidding and Contract Phase 80% d, Final Approval Construction 100% Total Amount to be Paid PART G - CONSULTANT'S ENDORSEMENT: The CONSULTANT will endorse all Plans , Specifications , payment estimates and engineering data furnished by him, PART H - OBLIGATIONS OF CITY: The City, at its own expense will provide the following: (1) Make available to the CONSULTANT all existing records , maps, plans and other data possessed by CITY when such are necessary, advisable or helpful to the CONSULTANT in the prosecution of its work under this AGREEMENT, r (2) Furnish all necessary ownership data, 1 .. 5 .. (3) A legal survey and property line drawing of the proposed site. (4) Furnish necessary subsurface explorations and tests , (5) Determine utility locations . PART I - OWNERSHIP OF DOCUMENTS : Tracing, plans , specifications , and maps prepared or obtained under the terms of this AGREEMENT shall be delivered to and be- come 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 AGREEMENT shall be made available, upon request, to the CITY without restriction or limitation on their use. When such copies are requested, CITY agrees to pay CONSULTANT its cost of copying and delivering same, If the CITY incorporates any portion of the CONSULTANT'S work into any other project than that for which the work was perms Formed, the CITY shall save the CONSULTANT harmless from any claims or liabilities resulting from such action, PART J - SUBLETTING, ASSIGNMENT OR TRANSFER: The CONSULTANT shall not sublet, assign or transfer any interest in the work covered by this AGREEMENT except with the prior written consent of the CITY, The use of subcontractors shall in no way relieve the CONSULTANT from his primary responsibility for the performance of the work. No approval will be necessary for non-professional services such as reproductions , printing, materials ; and other services nor- mally performed or provided by others . PART K - INSPECTIONS , CONFERENCES AND APPROVALS: Representatives of the CITY shall have the privilege of inspect ing and reviewing the work being done by the CONSULTANT and ad- vising with him at any time, Conferences are to be held at the request of any of the above named parties , PART L - RESPONSIBILITY FOR CLAIMS AND LIABILITY: ® The CONSULTANT shall indemnify and save harmless the CITY from all claims or suits made or brought for injury to persons or property caused by the negligent acts of the CONSULTANT, its agents , employees or subcontractors in the execution of the work. , 6 PART M - DISPUTES AND REMEDIES : Except as this agreement otherwise provides , all claims , counterclaims , disputes and other matters in questions be- tween the owner and the engineer arising out of or relating to this agreement or the breach of it will be decided by arbitration if the parties whereto mutually agree, or in a court of competent jurisdiction within the State in which the owner is located. PART N - TERMINATION OF THE AGREEMENT: The CITY may cancel this AGREEMENT or any part thereof at any time by giving written notice to the CONSULTANT at least fif- teen (15) calendar days prior to the effective date of the termination. The CONSULTANT shall be paid for the value of all acceptable work performed prior to the effective date of termi- nation based on the payment terms of the AGREEMENT, Payment shall not exceed the total amount encumbered under this AGREE. MENT, except as may have been previously amended in accordance with supplemental agreements , It is not contemplated that the CONSULTANT shall have any right of termination other than for such cause as has been established as sufficient at law, PART 0 - C014PLIANCE WITH LAWS: The CONSULTANT shall comply with all Federal , State and Local laws, ordinance and regulations applicable to the work, He shall secure all licenses, permits , etc. , from public and private sources necessary for the fulfillment of his obligations under this AGREEMENT. PART P - COMMISSIONS AND FEES : 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, to solicit or secure this AGREEMENT, and that he has not paid or 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 AGREEMENT. For breach or violation of this warranty, the CITY shall have the right to annul this AGREEMENT without liability, or, in its discretion, to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts , or contingent fee. ' 7 - PART Q - ACCESS TO RECORDS: The CONSULTANT and all his subcontractors shall maintain all books , documents , papers , accounting records and other evidence pertaining to costs incurred in connection with this AGREEMENT, and shall make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under this AGREEMENT for inspection by the CITY and copies thereof shall be furnished upon request. If copies are requested the CITY shall pay the CONSULTANT the cost of making such copies , PART R - ENCUMBRANCE: The total amount encumbered under this AGREEMENT is Fourteen Thousand and Seven Hundred Dollars and No/100 ($14, 700.00) , and the CITY may authorize up to this amount without prior approval of the Mayor and City Council , IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed as of the day and year first above written, CITY OF JEFFERSON, MISSOURI Aft By Title Mayor JOHNSON, BRICKELL, MULCAHY AND ASSOC, Title �rc�.•�, •H--• +_ I hereby certify that the execution of this AGREEMENT has been duly authorized by the City Counqij of the City of J_gfferson, Missouri by th passage of Ordinance No. on the day of 1982 . 6a. City Clerk (SEAL) This Contract is approved as to form and legality, C Coun a or