HomeMy Public PortalAboutORD11168 BILL NO. 88-150
SPONSORED BY COUNCILMAN MASON
ORDINANCE NO. / I / a
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH J.B.M. &
ASSOCIATES FOR LIGHTING DESIGN AND SIGNAL SYNCHRONIZATION IN THE
DOWNTOWN AREA.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and
directed to execute an agreement with J.B.M. & Associates for
lighting design and signal synchronization in the downtown area for
a sum not to exceed $20,600.00.
Section 2. The agreement shall be substantially the same in
form and content as that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect
from and after the date of its passage and approval.
Passed Approved o9 '-�y �1SGI
sidin fficer
ATTEST:
a� City Clerk
•
CONTRACT FOR CONSULTING SERVICES
IS AGREEMENT made and entered into this _ 3/ day of
® , 19 1 by and between the City of Jefferson, a
mu ci 1 corporation of the State of Missouri, hereinafter
referred to as the "City" with offices at 320 E. McCarty, Jefferson
City, Missouri 65101, and Johnson, Brickell, Mulcahy and
Associates, Inc. , hereinafter referred to as the "Consultant" .
WITNESSETH:
THAT, WHEREAS, City desires to engage the Consultant to render
certain technical and professional services hereafter*described in
the updating of signal optimization timing for the central business
district signal network, including the State of Missouri's signals
on the Expressway and Dunklin Street; and
WHEREAS, the Consultant made certain representations and
statements to the City with respect to the provision of such
services and the City has accepted said proposal and is authorized
by Ordinance 11168 of the City Council, of the City of Jefferson,
adopted February 134 1989, to enter into a contract with the
Consultant for the performances of services by the Consultant; and
WHEREAS, the Consultant is to provide a study proposal, for
signal optimization and coordination; and
WHEREAS, The objective of the study is to provide the City of
® Jefferson with current timing for the A.M. , P.M. and off-peak hours
plus off-set timings for signal progression.
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 Public Works Department will
assist the Consultant by collecting a sample of three (3)
intersection counts to verify traffic flows in the downtown area
and previous count data. The Consultant agrees to perform the
following engineering and administrative services for the project:
A. Signal Optimization and Coordination Study
(1) Verify existing signal operation and intersection layout.
(2) Review three (3) intersection counts and up-date
intersection counts for each signalized intersection in
the study area.
(3) Conduct signal optimization and coordination analysis for
the A.M. , P.M. and off-peak periods involving
approximately eighteen (18) intersections.
(4) Summarize results in short letter report and include for
each intersection appropriate signal timing and dial
settings.
(5) Review the study results with City staff.
B. General Street Lighting Plan
(1) Conduct an inventory of the existing street lighting
system by field investigation and verification of
existing lighting plans.
(2) Conduct a sample existing street light intensity within
the study area.
(3) Prepare a recommended lighting intensity program for the
study area consistent with City standards.
(4) Develop a general street lighting plan to include a map
indicating pole location, luminaire size, and service
points. The service points would be established in
connection with Union Electric.
(5) Prepare a recommended installation phase to maximize a
yearly improvement budget of $50,000.00.
(6) Develop a specification for the type, size, and luminaire
for the study area.
(7) Attend meeting with City staff and Union Electric to
ensure proper coordination of the plan.
(8) Prepare a summary report of the study to include a mylar
plan sheet of the general street lighting plan and
phasing of improvement schedule.
C. Lighting for Specified Parking Lots
(1) Work with City staff to coordinate lighting for City
parking lots No. 1, No. 3, No. 4, No. 5, No. 6, and No.
8.
(2) Recommend type and number of fixtures and luminaires.
(3) Prepare preliminary lighting layout for each lot showing
light location, including elevation.
(4) Prepare general specification taking into account energy
efficiency and illumination requirements.
2. Additions or Deletions to Services. The City may add to
Consultant services or delete there-from activities of a similar
nature to those set forth in paragraph 1, provided that the total
cost of such work does not exceed the total cost allowance as
specified in paragraph 6 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 prepared
and approved by the office of the Director of Public Works and
shall be accepted and countersigned by the Consultant or ,mss 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. 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.
The City will furnish, as required for the work and not at the
expense of the Engineer, the following items:
Property, boundary, easement, right-of-way, topographic,
and utility sur. iys and property descriptions when such
information is required.
b. All maps, drawings, records, audits, annual reports, and
other data that are available in the files of the City
and which may be useful in the work involved under this
Contract.
C. Access to public and private property, as necessary, when
required to conduct field investigations.
4. Personnel To Be Provided. The Consultant represents that
Consultant has or will secure at its own expense, all personnel
required to perform the services called for under this contract by
Consultant. Such personnel shall not be employees of 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 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.
5. Notice to Proceed. The services of the Consultant shall
commence as directed in the Notice to Proceed and shall be
undertaken and completed in such sequence as to assure their
expeditious completion in the light of the purposes of the
contract, but in any event, all of the services required hereunder
shall be completed within four calendar months from the date of
execution of this contract.
6. Compensation. The City will pay the Consultant in
accordance with the rate set forth below, which shall constitute
full and complete compensation for the Consultant services
hereunder. Such compensation will be paid in progress payments,
as established by the City. The final payment will be subject to
receipt of a requisition for payment and a statement of services '
rendered from the Consultant that the Consultant fully performed
with 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
$5, 800. 00 for all services required for signal optimization and
coordination, $9,800. 00 for all lighting services, and $5, 000. 00
• to design lighting subsystems unless specifically and mutually
agreed to in writing by both the City and Consultant. No change
shall be made unless there is a substantial and significant
difference between the work originally contemplated by this
agreement and the work actually required.
For the services covered by this Contract the City agrees to
pay the Consultant as follows:
• a. Schedule of hourly rates as of October 1, 1987
Principal Engineer $75.00
Senior Engineer 65.00
Associate Engineer 55.00
Engineer in Training 45.00
Land Surveyor 40.00
Planner 40.00
Chief Engineering Technician 40.00
Senior Engineering Technician 32.50
Engineering Technician 27.50
Junior Engineering Technician 22.50
Secretary 22.50
Clerical-Steno 15.00
b. Reimbursable direct expenses chargeable to the project,
such as computer time, material testing equipment,
printing and technical photography, and all other direct
job costs to be paid at cost.
c. Vehicle mileage to be paid at a rate of $0.22 per mile.
7. 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. City
or Consultant may without 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
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.
Notwithstanding the above, the Consultant shall not be
relieved of liability to the City for damages sustained by the City
by virtue of any such breach of the contract by the Consultant.
8. Assignment. The Consultant 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.
9. 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.
10. Nondiscrimination. The Consultant agrees in the
performance of this contract not to discriminate on the ground or
because of race, creed, color, national origin or ancestry, sex,
religion, handicap, age, or political opinion or affiliation,
against any employee of Consultant or applicant for employment and
shall include a similar provision in all subcontracts let or
awarded hereunder.
11. 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.
12. 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 Workmen's Compensation Program of
the City.
13. 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 defend, 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
Consultant arising out of or in any way connected with
this contract.
14 . Documents. That 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 agrees to pay the
Consultant its cost of copying and delivering same.
15. Nonsolicitation. The Consultant warrants that he had 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 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, gifts,
® or contingent fee.
16. 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.
17. Delays. That the Consultant shall not be liable for
delays resulting from causes beyond the reasonable control of the
Consultant; that the Consultant has made no warranties, expressed
or implied, which are not expressly set forth in this Contract; and
that under no circumstances will the Consultant be liable for
indirect or consequential damages.
18. All notices required or permitted hereinunder and
required to be in writing may be given by first class mail
addressed to City at 320 E. McCarty, Jefferson City, Missouri
65101, and Consultant Suite 105-8301 State Line Road, Kansas City,
MO 64114 of delivery of any notice shall be the date falling on
the second full day after the day of its mailing.
Executed this P day of Le, , 19-P
OF JEFFERSON, MISSOURI
By
OR
ATTEST:
ITY CLERK
CONSULTANT
B
Y
Title: Pe«I e k
Attest:
Title: