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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: