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HomeMy Public PortalAboutORD15322 BILL NO. 2014-71 • SPONSORED BY COUNCILMAN Scrivner ORDINANCE NO. /5-322— AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GEORGE BUTLER ASSOCIATES. INC., IN THE AMOUNT OF $179,835.00 FOR THE DESIGN OF STADIUM BOULEVARD, MONROE STREET, AND CHRISTY DRIVE AS PROPOSED IN THE HIGHWAY 54 AND STADIUM BOULEVARD INTERCHANGE TRAFFIC STUDY REPORT. WHEREAS, George Butler Associates. Inc., has been selected as the firm best qualified to provide professional services related to the design of Stadium Boulevard, Monroe Street, and Christy Drive as proposed in the Highway 54 and Stadium Boulevard Interchange Traffic Study Report. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. George Butler Associates. Inc., is hereby approved as the best qualified firm to provide professional services and its proposal is hereby accepted. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with George Butler Associates. Inc., for the design of Stadium Boulevard, Monroe Street, and Christy Drive as proposed in the Highway 54 and Stadium Boulevard Interchange Traffic Study. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: / I ©g/;16/7 Approved: AV/A/7 Presiding Officer Mayor ATTEST: APPROVEDVEAS TO FORM: 1,7/Mdif4. gnina City Clerk City ' ounselor PROFESSIONAL SERVICES CONTRACT THIS AGREEMENT, made and entered into this day of�, 2014, by and between the First Party, City of Jefferson, Missouri, a municipal corporation, hereinafter called the "City", and George Butler Associates, Inc., a corporation of the State of Kansas, hereinafter referred to as the "Consultant." WITNESSETH: WHEREAS, the City desires to engage the Consultant to render certain technical and consulting services for US-54 & Stadium Interchange Design Plans Eastern Section including Intersection with Christy Drive and Monroe Street, Jefferson City, Missouri; and WHEREAS, Consultant has made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Consultant for the performance of services by the Consultant. NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Consultant as follows: 1. Scope of Services. The City agrees to engage the services of the Consultant to perform the services for US-54 & Stadium Interchange Design Plans Eastern Section including Intersections with Christy Drive and Monroe Street, Jefferson City, Missouri, hereinafter set forth in Exhibit A, attached hereto and incorporated herein by reference. 2. Additions or Deletions to Services. The City may add to consultant services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 7 hereof. The Consultant shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the Director of Public Works of the City shall be accepted and countersigned by the Consultant or its agreed representatives. The Consultant 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 Consultant at the time any such service may be required. 3. Term of Contract. This Contract shall remain in force for 144 calendars days from the date of execution, unless sooner terminated under paragraph 8 hereof or unless extended by agreement of the parties. 4. 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 Consultant without charge by the City, and the City shall cooperate with the Consultant in every reasonable way in carrying out the scope of services. 5. Personnel to be Provided. The Consultant represents that the Consultant has or will secure at its expense all personnel required to perform the services called for under this Contract by the Consultant. Such personnel shall not be employees of the City or have any contractual relationship with the City except as employees of the Consultant. All of the services required hereunder will be performed by the Consultant or under the Consultant'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. The Consultant shall subcontract the tasks shown in Exhibit A to Central Missouir Professional Services of Jefferson City, Missouri. 6. Notice to Proceed. The services of the Consultant shall commence as directed in the Notice to Proceed and shall be undertaken and completed in accordance with the schedule contained in Exhibit A. 7. Compensation. The City agrees to pay the Consultant the Lump Sum fees for each phase of the Design Scope as shown in Exhibit A which shall constitute full and complete compensation for the Consultant services hereunder. Such compensation will be paid in progress payments, upon completion of each phase. The final payment will be subject to receipt of a requisition for payment and a statement of services rendered from the Consultant certifying that the Consultant fully performed all 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 Consultant under the terms of this Contract exceed the sum of One Hundred Seventy Nine Thousand Eight Hundred Thirty Five and no/100 Dollars ($179,835.00) for all services required unless specifically and mutually agreed to in writing by the City and Consultant. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this Contract and the work actually required. 8. Failure to Perform, Cancellation. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner its obligations under this Contract, or if the Consultant 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 Consultant of such termination and specifying the effective date thereof, at least five(5) days before the effective day of such termination. The Consultant or the City may terminate this Contract upon thirty(30) days prior written notice. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Consultant under this Contract shall, at the option of the City, become its property, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. 9. Assignment. The Consultant shall not assign any interest in this Contract, and shall not transfer any interest in C:\Users\clambert.JCMO\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Out look\C5LWAOY4\Proposed GBA Contract.doc 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 and County under this Contract, 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 Contract, though the City will attempt to so notify any such assignee. 10. Confidentiality. Any reports, data or similar information given to or prepared or assembled by the Consultant under this Contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Consultant without prior written approval of the City. 11. Nondiscrimination. The Consultant agrees in the performance of the Contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against any employee of the Consultant or applicant for employment and shall include as similar provision in all subcontracts let or awarded hereunder. 12. Independent Contractor. The Consultant is an independent contractor and nothing contained herein shall constitute or designate the Consultant or any of its agents or employees as agents or employees of the City. 13. Benefits Not Available. The Consultant shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Workman's Compensation Program of the City. 14. Liability. The parties mutually agree to the following: (a) In no event shall the City be liable to the Consultant 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 Consultant shall 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 negligent acts, errors and omissions of Consultant for which they would be otherwise legally liable, arising out of or in any way connected with this Contract. 15. Documents. 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 or C:\Users\clambert.JCMO\AppData\LocaIVAicrosoftlWindows\Temporary Internet Files\Content.Out]ook\C5LWAOY41Proposed GBA Contract.doc County agrees to pay the Consultant its costs of copying and delivering same. 16. Nonsolicitation. 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 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 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, gifts, or contingent fee. 17. Books and 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 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. 18. Delays. The Consultant shall not be liable for delays resulting from causes beyond the reasonable control of the Consultant; the Consultant has made no warranties, expressed or implied, which are not expressly set forth in this Contract; and under no circumstances will the Consultant be liable for indirect or consequential damages. 19. Notices. All notices required or permitted hereunder and required to be in writing may be given by first class mail addressed to the City of Jefferson, c/o Department of Public Works, at 320 East McCarty Street, Jefferson City, Missouri, 65101 and George Butler Associates, Inc., 9801 Renner Boulevard, Lenexa, Kansas, 66219-9745. The date and delivery of any notice shall be the date falling on the second full day after the day of mailing. 20. Law to Govern. This Contract shall be governed by the laws of the State of Missouri as to both interpretation and performance. C:\Users\clambert.JCMO\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Out Iook\C5LWAOY41Proposed GBA Contract.doc IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 1� day of 2014. CITY OF JEFFERSON CITY, MISSOURI GEORGE BUTLER ASSOCIATES, INC. Mayor Paul M. Bertrand Vice President ATTEST: ATTEST: City Clerk Ass' ant Secretary APPROVED AS TO FORM: City Counselor C:\Users\elambert.JCMO\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\C5LWAOY4\Proposed CBA Contract.doc Exhibit A-Scope of Services and Fees Tasks and Lump Sum Fees by Phase US-54l Stadium Interchange Design Plans for Eastern Section isisi section includirig Mftm�ns with Christy 06"ancl Monvoit Sanest Z Mass l-Existin Conditions B Data Collection 24 54.24000 24,11 30.050.00 Task t-Desgn KIM"MCdlrg(Tm vet 0 l ) 8 B 2 2 16 53,520.00 4 $450.00 20 53.970.00 Task 2-Obtain Ownashrp Cdldicalb,m RM Documents Easements 1 4 5 $180.0 4 5400.0 9 S580.0 Task 3-Obtain Utility lnformahgn inwluOW plans Iron)Utibbes 1 8 4 1 5180.0 12 S1,120.0 13 51,30.00 Task 4-Topog2 hic Sweymg B base map mdudrng utilily bcalions 1 8 40 80 1 $180.0 126 515,20.0 129 515.380.0 Task 5-Prgnara Property Base Map 1 80 16 1 S1B0.00 96 $8,640.00 97 $8,820.00 Phase 2-PmUmina /RI ht of Way Plans 286 $3780.0 596 $55410.0 882 $93,210.00 Taskfi-Aaminissalun QAQC.Design Coordination,Rogress Reporting) 6 24 8 32 56.40.0 8 5800 40 57.20.0 Task 8-Prepare ProMin&y/Right of Way Plan Set 8 0 S0.0 8 $1,00.0 B 57,00.0 Diet shod 2 2 $10.0 0 50.0 2 $190.0 Goirezml Notes and Localign Detaits/Sovey Ties 2 6 0 $0.00 10 $840.0 10 3840.0 General La ut/Owncrshi s 60 16 0 5000 76 57,28000 76 57,28000 Right of Way/EasemeN Plan and Parcel Acquisition lrrlornrdim 24 16 0 $coo 40 S3,660001 40 $3,68000 Summary of Quanlilies/Bid hearts 2 15 8 2 536000 24 $2.24000 26 52.60000 T icalSKlions 4 8 0 500 12 51.040,0 12 51,0400 Plan B Refile S).v or Crinsty Drive 4 6 0 50.0 12 $1,040.0 12 51.0400 Plan 8 Rohle ShedsW Morroo Strod(3) 12 24 0 50.00 36 $3,120,00 36 53.120.00 Ran 5 Rnfile S/wets for Stadium Drive(2) 8 16 0 S0.0 24 52.080.0 24 52,080.0 Storm Sewa Rotile Shoals 40 40 0 $000 60 57200.00 80 $7.20000 Sqmidy Sew Rotile Slwels 20 20 0 $000 40 $3,0000 40 S3.600.0 Inerseclbn Details for Stadium Do,m and Ci.tv 1 4 8 1 518000 12 $1.040.00 13 $1,2200 Iruerambon Details for Stadium Onve and bbrroe Street 2 4 B 2 $36000 12 51,04000 14 51.400.00 Rea"'ng,Wan Design 2 8 8 2 S360.0 16 51.440.0 18 51.80.0 ConsWGAn Sdamoorxy Streets 21 1 1 16 1 2 $36000 24 52060.00 26 $2,4400 Mm=e 6 Sladlum Tmfhc Sgnal Layaof Plan Sheet 2 4 8 14 51.560.00 0 5000 14 S1.560.00 Traffic Si nal Details 6 WrjT Shoals(3) 2 6 8 16 S1.810.0 0 50.0 16 S1,8100 Traffic Si oat Owntity Sheets 2) 2 B 8 18 52.060.0 0 50.0 18 $20600 Permmn l Sqntnq Layout Sheets 2 4 12 18 S1.940.0 0 SOW 18 51,940.0 0 50.0 0 500 0 500 Permanent Pavemel Markim Lacut Sheds 2 4 16 22 $2.32000 0 50.00 22 52.32000 Markim Detail Sheets 2 4 12 18 51.940.0 0 500 18 51,940.0 0 S0.0 0 $0.0 0 S00 CdistruU,m,Traffic Conuml LayoW Slxels 2 16 16 34 $3.820.00 0 $000 34 53.82000 Traffic Control Detail Sheets 2 24 24 50 $5.580.0 0 50,0 50 55,580.0 0 50.0 0 $0.0 0 50.0 Cross Section Slwels 40 24 0 $0.00 64 55,920.00 64 $5.9200 Task 9-GB ICMPS Peer Reviews 16 B 16 SP.0000 8 SB0000 24 $2,800.00 Task 10-Rellmiru Construclion Cost Estimate 2 8 8 10 $1,30.0 a $60.0 18 $210.0 Task 11-Rahmiwy/Ri Mof Way Plans Submittal to Cdy bi-ioview 1 2 1 51800 2 $20.0 3 $380.0 Task 12-Meating with Cf1y ICdm!y to review tans 8 8 B 2 2 2 24 $4720.0 6 5610.0 30 55,330.0 Task 13-Repae Rrdmfury Right of Way&Easement Legal Desv;rtsns 1 8 40 24 1 $180.0 72 $7.30.0 73 $7,5400 Task 14-Submit Relimiaay Plmis to Utlbties and Wp d;mto to minimize rMmtions 1 2 1 5180.0 2 $20.0 3 $3800 Phase 3.Final Plans 159 S23.015.0 2 4 2 .0 432 8,13. Task 15-Adminuslmhon(QAi0C.Design Coordination.Progress Reporting) 8 24 32 $6,400.00 0 $000 32 $6,40000 Task 16-Rgeae Final 7 Right d Way Plan SO B 0 50.00 B 51,00.0 8 51.0w 00 Title shed 1 1 S950 0 $o.0 1 595.0 Genael Notes and Lo=,on Details 7 Swey Ties 2 1 4 2 5360.00 5 $42000 7 $78000 Gereoil La ut/Owms-ships I 1 1 16 8 0 $0.00 24 $2,240.00 24 $2.240.00 RqM of Way/Easemrf Ran and Pacd Acqursltion lnbr�lbn 16 8 0 $0.00 24 $2.24000 24 52.24000 Summa of Quanlilies/ad Items 1 16 8 1 $180.00 24 S2.240.00 25 $24200 Typical Sections 1 2 0 $0.0 3 520.0 3 52600 Ran 6 Roble Shed forCMs! Drive 2 4 0 S00 6 5520.0 6 5520.0 Ran6Rgilg$Ireds for f+brroe Strad(3) 6 12 0 50.0 18 $1,560.0 18 51,5600 Ran B Rotile Slwels for Stadium Orive(2) 4 8 0 S0.0 12 $1.040.0 12 S1.040.0 Storm Sewo-Profile Sheets 8 16 0 S0.0 24 szotie0 24 $2,080.0 Sanity Sewsr PRldit Slwels 8 16 0 S0.0 24 $2,0800 24 52.080.0 Intersection Odoas for Stadium Delve and Umsly 1 2 4 1 5180.00 6 552000 5700-00 o;.4.a!l:.aaa�:a.aaaaa,al;;ae. aa ; ■:■ :, ■ 8M8888888% 1111111 7 )) )! 14;:ala;:*a:ae:a*a*laeaa ;ass*a4e¥ $ } ° !{ j) )))/)/\ /\) ! Exhibit A-Scope of Services and Fees Tasks and Lump Sum Fees by Phase - US-54/Stadium Interchange Design Plans for Eastern Section Odober 8.2014-Notice M RMCeea - Novembad3,2014-Phase 1:Edsting Conaidansard Data Collection Febwfy 1,2015-Phase 2:Rdirnirany/RigN of Way Plans March 1,2015-Phase 3'Finel Plans Deliverable 1.Final Pansplolteeon 22-x34'papa with the sitepan sheetsat m sma8ar Ran 20 scale,as mfl as hal/s¢apanson ll k17'papa. Deliverab'a 2..bb specalpravisions vrdWirg a seclbnperaiNrg M the means 0fineasuramentane net adofpayrnent for eaclhpaplem Ddive2Ne3.Ringed B'd Fannandidentical inlwmabn in digital Eacalfile Ddivaab'e 4.Enginoa-'s Cost Estimate Deli b'a6 Adigital file or Ras containing the corrp/ele proiect plans in the anent orprevbus release e`AulOCAD CW 3D DdArerabla 6.APOF file of the mma/elepmject plans in a 22'k34-/ormat