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HomeMy Public PortalAboutORD16332BILL NO. 2022-115 SPONSORED BY Councilmember Fitzwater J1 05z ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A CONSULTANT CONTRACT WITH STRUCTURAL ENGINEERING ASSOCAITES, INC. AND AMENDING THE FISCAL YEAR 2022-2023 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE PARKING FUND. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized to execute an agreement attached as Exhibit A, with Structural Engineering Associates, Inc. design services related to the rehabilitation of the Jefferson Street parking garage and Level 4C of the Madison Street parking garage. Section 2. There is hereby supplementally appropriated within the Parking Fund $59,000.00 as indicated on Exhibit B, attached hereto, for the funds required to contract with Structural Engineering Associates, Inc. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: aelhAct 11 3,9.40g3 Presiding Officer ATTEST: 1 City erk 'At-'vk Approved: Mayor Carrie Tergin CERTIFICATION BY MAYOR APPROVED AS TO FORM: Pursuant to Article VII, Section 7.1(5.) Of the Charter of the City of Jefferson, Missouri, I hereby certify that the sums appropriated in the ordinance are available in the various funds to meet the requirements of this bill. Mayor Carrie Tergin U CITY OF JEFFERSON CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and Structural Engineering Associates, Inc., hereinafter referred to as "Engineer". WITNESSETH: THAT WHEREAS, the City desires to engage the Engineer to render certain design services related to repairs to the 209 Jefferson Street and Madison Street Garage, hereinafter described in Exhibit A. WHEREAS, Engineer 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 Engineer for the performance of services by the Engineer. NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Engineer as follows: 1. Scone of Services. Engineer agrees to provide all supervision, labor, tools, equipment, materials and supplies for services related design phase, bid phase, and construction phase for repairs to the 209 Jefferson Street and Madison Street Garages, as set forth in Exhibit A. In the event of a conflict between this agreement and any attached exhibits, the provisions of this agreement shall govern and prevail. 2. Payment. The City hereby agrees to pay Engineer for the work done pursuant to this contract according to the payment schedule set forth in the contract documents upon acceptance of said work by an Agent of the City of Jefferson's Planning and Protective Services, and in accordance with the rates and/or amounts stated in the bid of Engineer dated 1/24/2023, which are by reference made a part hereof. No partial payment to Engineer shall operate as approval or acceptance of work done or materials furnished hereunder. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. The total amount for services rendered under this contract shall not exceed Fifty -Nine Thousand Dollars and Zero Cents ($59,000.00) 3. Term. This contract shall commence on the date last executed by a party as indicated below. The Engineer shall perform said work in accordance with the contract documents, as set forth in Exhibit A, within six (6) months. (Awaiting verbiage change from Structural Engineer, Inc.) 4. Additional Services. The City may add to Engineer 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 2 hereof. The Engineer 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 City and shall be accepted and countersigned by the Engineer or its agreed representatives. S. Personnel to be Provided. The Engineer represents that Engineer has or will secure at its expense all personnel required to perform the services called for under this contract by the Engineer. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Engineer. All of the services 2 required hereunder will be performed by the Engineer or under the Engineer'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 except as provided in Exhibit A without the written approval of the City. 6. Engineer's Responsibility for Subcontractors. It is further agreed that Engineer shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Engineer is for the acts and omissions of persons it directly employs. Engineer shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Engineer by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Engineer the same power regarding termination of any subcontract as the City may exercise over Engineer under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 7. Independent Engineer. The Engineer is an independent engineer and nothing herein shall constitute or designate the Engineer or any of its employees as agents or employees of the City. S. Benefits not Available. The Engineer shall not be entitled to any of the benefits established for the employees of the City and shall not be covered by the Workmen's Compensation Program of the City. 9. Nondiscrimination. The Engineer 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 Engineer or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 10. Illegal Immigration. Prior to commencement of the work: a. Engineer shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. b. Engineer shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. C. If Engineer is a sole proprietorship, partnership, or limited partnership, Engineer shall provide proof of citizenship or lawful presence of the owner. 11. Notice to Proceed. The services of the Engineer shall commence upon execution of this Agreement, and shall be undertaken and completed in accordance with the schedule contained in Exhibit A. 12. Termination. If, through any cause, the Engineer shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Engineer 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 Engineer of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. The City reserves the right to terminate this contract for convenience by giving at least 3 fourteen (14) days prior written notice to Engineer, without prejudice to any other rights or remedies of the City, provide Engineer shall be entitled to payment for all work completed by Engineer through the date of termination. The Engineer may with cause terminate this contract upon 30 days prior written notice. In either such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Engineer under this contract shall, at the option of the City, become its property, and the compensation for any satisfactory work completed on such documents and other materials shall be determined. Notwithstanding the above, the Engineer shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of contract by the Engineer. 13. Waiver of Breach. Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or conditions herein. 14. Authorshio and Enforcement. Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. In the event that the City successfully enforces the terms of this contract through litigation, the City shall be entitled to receive, in addition to any other relief, its reasonable attorney's fees, expenses and costs. 15. Severability. If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 16. Assignment. The Engineer shall not assign any interest in this contract, and shall not transfer any interest in 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 under this agreement, 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 agreement, though City will attempt to so notify any such assignee. 17. 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 Engineer without charge by the City, and the City shall cooperate with the Engineer in every reasonable way in carrying out the scope of services. The Engineer shall not be liable for the accuracy of the information furnished by the City. 18. Confidentiality. Any reports, data or similar information given to or prepared or assembled by the Engineer under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Engineer without prior written approval of the City. 4 19. Indemnity. To the fullest extent permitted by law, the Engineer will defend, indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from and against any and all claims, damages, and losses arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of engineer, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 20. Insurance. Engineer shall provide, at its sole expense, and maintain during the term of this agreement commercial general liability insurance with a reputable, qualified, and financially sound company licensed to do business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not less than "A," that shall protect the Engineer, the City, and the City's officials, officers, and employees from claims which may arise from operations under this agreement, whether such operations are by the Engineer, its officers, directors, employees and agents, or any subcontractors of Engineer. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all Engineer operations, products, services or use of automobiles at a limit of $500,000 Each Occurrence, $3,000,000 Annual Aggregate; provided that nothing herein shall be deemed a waiver of the City's sovereign immunity. An endorsement shall be provided which states that the City is named as an additional insured and stating that the policy shall not be cancelled or materially modified so as to be out of compliance with the requirements of this section, or not renewed without 30 days advance written notice of such event being given to the City. 21. Documents. Reproducible copies 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 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 agrees to pay the Engineer its costs of copying and delivering same. 22. Books and Records. The Engineer and all 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. 23. Nonsolicitation. The Engineer warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this contract, and that they have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, 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, 6 gifts, or contingent fee. 24. Delays. That the Engineer shall not be liable for delays resulting from causes beyond the reasonable control of the Engineer, that the Engineer has made no warranties, expressed or implied, which are not expressly set forth in this contract; and that under no circumstances will the Engineer be liable for indirect or consequential damages. 25. Amendments. This contract may not be modified, changed or altered by any oral promise or statement by whosoever made; nor shall any modification of it be binding upon the City until such written modification shall have been approved in writing by an authorized officer of the City. Engineer acknowledges that the City may not be responsible for paying for changes or modifications that were not properly authorized. 26. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action. 27. Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to the following addresses. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. If to the City: City of Jefferson Department of Law 320 East McCarty Street Jefferson City, Missouri, 65101 If to the Engineer: Structural Engineering Associates, Inc. Ralph Jones 1000 Walnut Ste. 1570 Kansas City, Missouri 64106 [Signatures to follow on next page.] CITY OF JEFFERSON, MISSOURI Mayor Date: w �- APPROVED AS TO FORM: City Astor y STRUCTURAL ENGINEERING ASSOCIATES, INC. Title: Date: EXHIBIT A STRUCTURAL ENGINEERING ASSOCIATES, INC. Est 1909 January 24, 2023 Britt Smith P.E. Operations Division Director Department of Public Works 320 I:. McCarty St. Jefferson City. IV10 65 101 Re: Parking Garage Rehabilitation — 209 Jefferson Street Proposal for Preparation of Repair Documents Dear Mr. Smith: Structural Engineering Associates, Inc. (SEA) recently completed a condition assessment on the referenced parking structure. In the report SEA provided recommendations for repair. You have now asked SEA to submit a proposal to prepare construction documents for repair of the garage. In addition, you have requested that SEA also include repair of the damaged post -tensioned joist in the Madison Street "Municipal" garage. Our scope is to include design phase, bid phase and construction phase services. I understand the contractor's construction scope of work will include the following. • Remove and replace the waterproofing membrane on the top level in it's entirety. • Perl'onn slab repairs under membrane. • Perform overhead concrete repairs. • Rout and caulk all cracks in top deck. ■ Remove and replace sealant in construction joints in top deck. • Water test top deck and install drains at low spots on top deck. • Removed damaged pre -cast panels, repair support and anchorage conditions and re -install Panels. • Perl'onn miscellaneous concrete repairs in stair. • Perl'omi miscellaneous concrete wall and column repairs. • Repair handrails in stairs. • Remove and replace joint sealant in slab -on -grade. ■ Repair vehicular barrier cables on lower level. • Rc-stripe garage • Remove and replace six upper -level drains and their offset piping. The lower level conductor piping shall remain For re -use. • Perform repairs to damaged post -tensioned joist in the Madison Street "Municipal" Garage. 1000 Walnut - Suite 1570 - Kansas City, Missouri 64106 - 816-421-1042 - mm.seassodates.com Mr. Smith January 24, 2023 Page 2 I understand that the existing light fixtures in the garage are all LED and the City does not wish to make any modifications to them. In addition, we have not included installation of camera's in the Jefferson Garage. If the City decides to add this scope of services, SEA can obtain a proposal from our consultant for these additional services. SEA proposes to provide the following scope of services for the above repair items. • Review report and recommendations from condition assessment. • Perform site visit to review above scope items for changes. • Prepare construction drawings for above scope items. • Prepare technical specifications for above work items. • Review front end documents provide by City and provide comments as appropriate or desired. • Coordinate bid form with Jefferson City personnel. • Prepare review documents and submit to Jefferson City at the following stages. o Design Development o SOOK Review Construction Documents 0 100$1* Review Construction Documents • Attend design review meetings via virtual meeting format. • Attend pre -bid meeting in Jefferson City, MO • Review bids and make recommendation to Jefferson City, MO. • Attend pre -construction meeting with successful contractor and City personnel. • Review submittals for above work items and take appropriate action. SEA proposes to provide the above scope of services for a lump sum fee of $59,000. This fee includes anticipated reimbursable expenses including travel, per diem, in house printing costs and other in-house expenses. Please note this fee does not include printing of review drawings, bidding documents or contractor submittals. All of these items will be provided in digital format. This fee includes the services of an MEP consultant for the above scope items. It is SEA's intent to employ the services of Custom Engineering for these services. Please note the above scope of services does not include construction phase services beyond a pre - construction meeting and review of technical submittals. You have requested that construction phase services be submitted on an hourly basis with a not to exceed fee. Construction phase services above and beyond those listed above will be provided under separate billing on an hourly basis with a maximum fee of $$22,000. This fee includes attendance to virtual progress meetings, up to eight site visits to attend progress meetings or make site observation trips and one punch list trip at the completion of the project. This fee includes travel and per diem expenses. Additional site visits will be provided on a per trip basis of $1,900. Mr. Smith January 24, 2023 Page 3 The attached Terms and Conditions shall become a part of this agreement. Signature or verbal direction will serve as acceptance of this proposal and the Terms and Conditions and will serve as notice to proceed. If you have any questions regarding this proposal, please feel free to contact me at your convenience. Thank you for your interest in Structural Engineering Associates, Inc. Sincerely, C Ralph C. Jones P.E. Encl. ACCEPTED: Signature of person authorized to sign contract for the City of JeMrson Date: Typed or Printed Name Page I of 2 Terms and Conditions Parking Garage Rehabilitation — 209 Jefferson Street Jmruary 14.2023 Performance o(Service: Structural Engineering Associates, Inc. (SEA) shell perform the services outlined in the attached "Proposal for Preparation of Repair Documents" in consideration of the stated fee and payment tem. Additional Services: For additional services not included in the "Proposal for Preparation of Repair Documents", Stntctival Engineering Associates shall be compensated as follows: O Option 1- On an hourly basis according to attached Rate Sheet. ® Option 2 - Additional services will not be completed until an amendment Identifying scope and fee for additional services has been signed. BIWog/Payment: The Client agrees to pay SEA for sit services performed and all costs incurred. Invoices for SEA's services shall be submitted, at SEA's option, either upon completion of such services or on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, SEA may, without waiving any claim or right against the Client, and without liability whatsoever to the client, suspend or terminate the performance of services. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% on the unpaid balance. If any portion of an account remains unpaid 60 days after the billing, SEA may institute collection action and the Client shall pay all costs of collection, including reasonable attorneys' fees. Access to Ste: unless otherwise stated, SEA will have access to the site for activities necessary for the performance of the services. SEA will take reasonable precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration of any resulting damage and will not be responsible for such costs. Hidden Conditions: A structural condition is hidden if concealed by existing finishes or if it cannot be Investigated by reasonable visual observation. if SEA has reason to believe that such a condition may exist, SEA shall notify the Client who shall authorize and pay for all additional costs associated with the investigation of such a condition and, if necessary, all costs necessary to correct said condition. If (1) the Client fails to authorize such investigation or correction after due notifications, or (2) SEA has no reason to believe that such a condition exists, the Client is responsible for all risk associated with this condition, and SEA shall not be responsible for the existing condition nor any resulting damages to persons or property. Hazardous Materials: SEA shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure of persons to hazardous materials of any form. Jobsite Safety: The Client agrees that the General Contractor shall be solely responsible for jobsite safety, and warrants that this intent shall be carried out in the Client's contract with the General Contractor. The Client also agrees that the Client, the Consultant and the Consultant's subconsuitants shall be indemnified by the General Contractor and shall be made additional insureds under the General Contractor's policies of general liability insurance. Indemnification: The Client shall, to the ftdlest extent permitted by law. Indemnify and hold harmless SEA., his or her officers, directors, employees, agents and subconsuitents from and against all damage, liability and cost including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the performance of the services under this agreement, excepting only those damages, liabilities or costs to the extent caused by the sole negligence of SEA. Fiduciary Responsibility: The Client confirms that neither the Consultant nor any of the Consultant's subconsultants or subcontractors has offered any fiduciary service to the Client and so fiduciary REV 2124115 Page 2 of 2 responsibility shall be owed to the Client by the Consultant or any ofthe Consultant's subconsultants or subcontractors, as a consequence ofthe Consultant's entering into this Agreement with the Client. information for the Sole Use and Benefit of the Client: All opinions and conclusions of SEA, whether written or oral, and any plans, specifications or other documents and services provided by SEA are for the sole use and benefit of the Client and are not to be provided to any other person or entity without the prior written consent of SEA. Nothing contained in this agreement shall create a contractual relationship with or a cause of action in favor of any third party against either SEA or the Client. Card ications, Guarantees and Warranties: SEA shall not be required to execute any document that would result in SEA certifying, guaranteeing or warranting the existence of any conditions whose existence SEA cannot ascertain. limitation of Liability: In recognition of the relative risks., rewards and benefits of the project to both the Client and SEA, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, SEA's total liability to the Client for any and all houries, damages, claims, losses, expenses or claim expenses arising out of this Agreement from any cause or causes, shall not exceed 5500,000. Such causes include, but are not limited to, the SEA's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Ownership of Documents: All documents produced by SEA under this Agreement are instruments of SEA's professional service and shall remain the property ofthe SEA and may not be used by the Client for any other purpose without the prior written consent of SEA. Assignment: Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party. Subcontracting to subconsultants normally contemplated by the Consultant shall not be considered an assignment for purposes of this Agreement. Dispute Resolution: Any claims or disputes between the Client and SEA arising out ofthe services to be provided by SEA or out of this Agreement shall be submitted to nonbinding mediation. The Client and SEA agree to include a similar mediation agreement with all contractors subeomsultants, subcontractors, suppliers and fabricators, providing for mediation as the primary method for dispute resolution among all parties. Termination of Services: This Agreement may be terminated at any time by either party should the other party fail to perform its obligations hereunder. In the event of termination for any reason whatsoever, the Client shall pay SEA for all services rendered to the date of termination, and all reimbursable expenses incurred prior to termination and reasonable termination expenses incurred as the result of termination. Standard Care: In performing its services hereunder, SEA will endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by member of the same profession currently practicing under similar circumstances. SEA makes no warranties or guarantees, express or implied, under this agreement or otherwise, in connection with its services. Consequential Damages: The Client and SEA both agree to waive any claims for consequential damages against each other. Permits and Approvals: It is the responsibility of the Owner to obtain all necessary permits and approvals. REV 2/24/15 Bill 2022-115 Exhibit B SUPPLEMENTAL APPROPRIATION FISCAL YEAR 2022-2023 BUDGET Parking Fund: 62-100-495995 Transfer From(to) Surplus $59,000.00 62-620-522020 Professional Services $59,000.00