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HomeMy Public PortalAboutORD12487 1 t, 1. BILL NO. 96-36 ; {t 1 � r SPONSORED BY COUNCILMAN r7 Haake ORDINANCE NO. `i AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT Y ' WITH S & V CONSULTANTS FOR COLLECTIONS BUILDING CONSULTANT SERVICES. 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 amendment to the agreement with S&V Consultants foi Collections Building consultant services. i 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: `J`��� 9 6 Approved: Ju a 9 Presiding Officer Mayor i ATTEST: APPROVED AS ORM: �. � t City Clerk CCity Co ri elor E ,�1 z r tL i F S t a F, e is d �r�7r ylr j1 r'1' ', vt, t S ••,p a+ 1irwYAtY9"` f^'T3itC'&4,'l rya•.t�'s;.'rt+.xL��:dK"tt.:i.7:S;.y.. it• tt•. Y,tiS r� . .:JvY !',a•r .,-t, �G+r'u�e`.karx�,-r •.;i a ��. J�' :;117L" tFr:ti17 we r ,z4i F i' ?#A 5,ri ' K �.. r t�, i r3 S t 77 t• f Jt ✓i.`r i , 4, t ' y 19,42,X 91 .fig. g-7.,, CITY OF JEFFERSON AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES WHEREAS,the City of Jefferson,Missouri,a municipal corporation,hereinafter designated"City,"entered into a Contract with S&V Consultants, Inc.,a corporation of the State of Missouri,hereinafter referred to as"Consultant,"on September 11, 1996;and WHEREAS,the Contract was for the rendering of certain technical and professional services relating to collections building consulting services;and t WHEREAS,the parties wish to amend the Contract of September 11, 1996 to increase the scope of services and modify the schedule of compensation designated in Exhibit A attached to the Contract of September 11, i 1996;and WHEREAS,the parties wish to amend the Contract of September 11, 1996 to increase the contract amount by addition of these services as mutually agreed to by both the City and the Consultant. NOW,THEREFORE,be it agreed as follows: } A. The scope of services, as detailed in Exhibit A to the Contract of September 11, 1996 is amended to specifically include the following: 9. Construction Oversite On-site evaluation of construction methods and quality assessment on day-to-day I basis. 1 C�D f Continuous monitoring of critical tasks and inspection of all in-ground work prior to cover-up. ' 10. Shop Drawings •i' Review of all material specifications not identical to products specified as"or- equal"and make determination of"or-equal"value. 1 11. Contractor Pay Request Review progress payment requests from General Contractor and evaluate the amounts requested vs.work completed. Consultant will review and approve"Schedule of Values"for the various phases of work prior to start of construction. 12. Final Inspection I ` Upon notification from contractor,Consultant will perform a"final inspection" with City to qualify acceptance of program. Consultant will work with contractor during construction to minimize project-end corrections. i B. The Schedule of Compensation,as detailed in Exhibit A to the Contract of September 11, f - 1996 is amended to include the following estimates of probable cost: ' � 1 � { 1:.�InxiV.mmed�p"{.rrvrr.�.8,'n,n.nh.m.b.6v Ol�nmrndm,mt nr,w•y.l t � 7F . .. • H" t i i 1 4. i Schedule of Compensation Sr.Project Engineer 05 OO $85 5,525.00 Sr.Project Architect 20©$85 1,700.00 Design Engineer 12©$75 900.00 Field Inspector 1203$45 5,400.00 Clerical 28©$32 890.00 Misc.Expenses(copies,postage,phone,etc.) 375.00 " C. Paragraph 6 of the Contract dated September 11, 1996 is hereby amended to read as follows: G. Compensation, . The City agrees to pay the Consultant in accordance with the rates set forth in Exhibit A f which shall constitute fill and complete compensation for the Consultant services hereunder. Such compensation will be paid in progress payments,as established by the MI City. 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 Fifty-Six Thousand Five Hundred Forty-Six Dollars($55,548.00)for all services required unless specifically and mutually agreed to in writing by both 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 agreement and the j work actually required. For the services covered by this Contract the City agrees to pay the Consultant as follows: . (a) For the services outlined in Paragraph 1-SCOPE OF SERVICES,the City agrees to pay the Consultant a fee computed on the basis of(1) hourly rates that include base salary cost, direct payroll additives, general and administrative overhead and profit,and(2)reimbursable direct expenses. The term"base salary cost"shall be the actual amounts paid employees of the Consultant,prior to deductions or withholding, based on each employee's hourly rate. Base salary cost does not include direct payroll additives,general and administrative overhead or profit. ti The term"direct payroll additives"shall include payroll tax,retirement, health and accident insurance,vacation pay,holiday pay,sick leave pay and incentive pay. The term "general and administrative overhead" shall include such indirect costs as clerical, telephone, dues and subscriptions, accounting services, office supplies, maintenance, depreciation, general insurance, rent, general taxes, survey stakes, equipment rental,non-profit salary cost and non profit general expense. The maximum compensation encumbered under this Agreement sball be Fifty-Six Thousand Five Hundred Forty-Six Dollars($50,540.00). (b) Reimbursable direct expenses chargeable to the project, which are included in the maximum fee billing above,are as follows: (1) Travel,subsistence,and incidental costs. . (2) Use of motor vehicles on a mileage or rental basis. (3) Telephone and telegraph costs. (4) Consultant to provide the City with final plans and specifications. Reproduction by Owner. j (5) The City will distribute plans and specifications to all requesting parties and collect fees for same. 5 S ,• I '� l'Vr,x•i�.nlrM.y,n�r,rv.e.�.6v,•,n.ullnnl.a.Lv 111Vmrndmrn11111Xw�ul -2- , Ej �Xl.,.,sir#1t-+i�4,• .1... ....n� •.. ..,.. .,.. . ,.... .'i•... �..• ,. .. ..ii•„ .,.. ,.�.�. ,. .:x .�. '� tti 4 lk' � } V {'.*.. l k A •� J N ' i j It ' , i (G) Rental charges for use of equipment, inch.ding equipment i owned by the Consultant,not included in overhead costs. (c) Partial periodic monthly payments shall be made to the Consultant by 1; the City as follows: (1) The Consultant shall render an itemized monthly statement to i the City for work performed and costs incurred during the preceding month. (2) The monthly installments and current total billings shall not be disproportionate to work progress as reported by the Consultant. (3) The entire amount due shall be paid each month provided the maximum billing amount has not been exceeded. D. All other sections of the Contract dated September 11, 1996 shall remain in effect as stated. v ; IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this 20`x'day o£October, I 1998. rc' CITY OF JEFFERSON,MISSOURI CONSULTANT S&V CONSULTANTS,INC. �it-�I?.ate 'lll�J�-t!�� �• ` Mayor President ATTEST: ATTEST: City Cl rk Secretary APPROVE AS TO FO JJ City Cou 6r o r i 1 is s i r -'� , -3- U •r s .. `�.t^7'w�k:�i+'Y•".n?`;r';.'�';`,�Y..."�...�x . . ,,.r.<.,..,raa'.:::-..._.1,...�..,-.......,_......,....K. a....,.... ......._s. ,.. , �'A lx cii'� 'f.,v .i hr('tr. Ccyhl4Gr fTf' •� t �)� t r s l ' ow �r N ' i CITY OF JEFFERSON CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT,made and entered into this day of 996,by and between the City of Jefferson, a municipal corporation of the State of Missouri,hereinafter referred to as the"City," with offices at 320 E. McCarty,Jefferson City,Missouri 65101, and S&V Consultants,Inc.,705 East McCarty Street,P.O.Box 154,Jefferson City,Missouri 65102,lereinafter referred to as the"Consultant." WITNESSETH: THAT WHEREAS, the City desires to engage the Consultant to render certain technical and consulting services hereafter described in Exhibit A foi•collections building consulting services;and THAT 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 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 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 approved by the Director of Public Works and 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. 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 provide subsurface information as required by the Consultant for foundations and other underground construction. 4. 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 ���••••••tltlr/// c:\trnci\contract\pmGnvc\r&v.01\conlracl.01 i j Consultant.All of the services required hereunder will be performed by the Consultant or under the f 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 su ch 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 accordance with the schedule contained in Exhibit A. 6. Compensation. d The City agrees to pay the Consultant in accordance with the rates set forth in Exhibit B 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 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 Forty-One Thousand Seven Hundred Dollars ($41,700.00) for all services required unless specifically and mutually agreed to in writing by both 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 agreement and the work actually required. For the services covered by this Contract the City agrees to pay the Consultant as follows: (a) For the services outlined in Paragraph 1-SCOPE OF SERVICES,the City agrees to pay {+ the Consultant a fee computed on the basis of(1)hourly rates that include base salary cost, direct payroll additives,general and administrative overhead and profit, and(2) reimbursable direct expenses. The term"base salary cost"shall be the actual amounts paid employees of the Consultant, prior to deductions or withholding, based on each ; employee's hourly rate. Base salary cost does not include direct payroll additives,general and administrative overhead or profit. The term"direct payroll additives"shall include payroll tax,retirement,health and accident insurance,vacation pay, holiday pay,sick leave pay and incentive pay. The term"general and administrative overhead" shall include such indirect costs as clerical, telephone, dues and subscriptions, accounting services,office supplies,maintenance,depreciation,general insurance,rent,general taxes, survey stakes,equipment rental,non-profit salary cost and non profit general expense. (. . The maximum compensation encumbered under this Agreement shall be Forty-One Thousand Seven Hundred Dollars($41,700.00). (b) Reimbursable direct expenses chargeable to the project, which are included in the maximum fee billing above,are as follows: (1) Travel,subsistence,and incidental costs. (2) Use of motor vehicles on a mileage or rental basis. (3) Telephone and telegraph costs. (4) Consultant to provide the City with final plans and specifications. Reproduction by Owner. -2- I1{ r.\lrncl\a mtrncl\pmfarvc\n&v.01\cnntrncl.01 1 � 1 .t "w" rt 1 (5) The City will distribute plans and specifications to all requesting parties and collect fees for same. (0) Rental charges for use of equipment, including equipme t owned by the Consultant,not included in overhead costs. (c) Partial periodic monthly payments shall be made to the Consultant by the City as follows: (1) The Consultant shall render an itemized monthly statement to the City for work i performed and costs incurred during the preceding month. (Z) The monthly installments and current total billings shall not be disproportionate to work progress as reported by the Consultant. (3) The entire amount due shall be paid each month provided the maximum billing amount has not been exceeded. 7. Failurr to Perform �' n s• 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 tire 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 tine City, become its property,and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed and other m on such aterials. ch documents 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 tlae City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement,including tire right to change or delete activities from the contract or to terminate tire 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 the City will attempt to so notify any such assignee. Confidentiality Any reports,data or similar information given to or prepared or assembled Contract which the City requests to be kept as confident a!shall not be made yavai able to ara Consultant under this or organization by the Consultant without prior written a Y individual approval of the City. 10. NondiscriminattM i 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. c;llr.d\cnnlncl\pmf vc\e&v.01\mnlreol.01 -3- ax oil ill r� •� il. Independent Coniractor, 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 sliall not be entitled to any of the benefits established for the employees of the City nor be covered by the Worlunmi's Compensation Program of the City. 13. Liability. r , 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 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. 14. D- umzty. 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 costs of copying ` and delivering same. 15. Nonsolicitation. The Consultant warrants that lie 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. 16. ]hooks and Records. The Consultant and all his subcontractors sliall 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. c:\loci\contract\prnfavc\4&v.01\rnnunct.01 tw 4- r f , ) .r,r. ..• .r. .. i . i . .. . ,..... e.r.i.. era tl�'w,' �.:..t.•�..r .; .a \ t r I � 17. 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. 18. 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 the Director of Public Works,at 320 East McCarty Street,Jefferson City,Missouri,65101,and S&V Consultants,Inc.,705 Bast McCarty Street,P.O.Box 154,Jefferson City, Missouri,65102. The date and delivery of any notice shall be the date falling on the second full day after the day of mailing. 19. Law to Govern. This contract shall be governed by the laws of the State of Missouri as to both interpretation and performance. I W�NESS WHEREOF, the parties hereto have set their Bands and seals this �L— day of 1996. CONSULTANT CITY OF JEFFERSON,AHSSOURI S&V CONSULTANTS,INC. � . Title. sec/Tres Mayor I. ATTEST: ATTEST: ,f I Title: Executive S e c r t a r� y City Cler, APPROVED AS TO RM: City o elor � '� in 1 c:\treci\aonlrncl\pmf-nve\�&v,01\cuntmc601 -5- y t tl r. P } r •,' � .H'N^" rPC V' :•x'"'fs i••A'",h:;Io.y a..nn....,..,..,a�. .:H R:,.,.. r.x.," -t. / ) t+t, + ' �.w=.•Xb;frk.:;��•?'�:.tz":ti�C:o-;*«5,.;.:CGo4..s,�...I ,.,...'c:.:..v,. ,,-�-5.•.3:::'s,�, .v.. r-� �tf nd ;y'. ti d;."yrq.��_ .,���,��:��-rf� ti r. r r � �• EXHIBIT A SCOPE OF SERVICES 1. Lead Design on Project Provide all coordination necessary for the preparation of the contract plans and bid documents. These services shall include providing the final plans and specifications r'... . stamped by the appropriate engineering and architectural professionals, The City shall provide the site plan for the facility. 2. Architectural Design Services Provide services to produce a complete architectural package for the building. The building will have approximately 15,000 square feet under roof. These services will include architectural layouts,construction drawings for the architectural portion of the building, and technical specifications for the building for the architectural portion of the structure. 3. Structural Footings and Foundation Provide services to produce footings and foundation design and plan for the facility. 4. Building Superstructure and Frame System Provide structural engineering services to produce the design and plans for the building superstructure and framing system. ' 5. HVAC Design Services Provide services to produce the HVAC package for the building. This would include all layouts, construction drawings and other Items required for construction. 6. Electrical Design Services Provide services to produce the electrical package for the project. This would include all layouts, construction drawings,and other items required for the construction. 7. Plumbing Design Services Provide services to produce the plumbing package for the project. This would include all layouts, construction drawings, and other items required for the construction. 8. Miscellaneous Services 1 Fes'' Provide miscellaneous architectural or engineering services, as directed by the City. f j , r, t ` � M'M.�£.•TF�'^r,Hr:�i+.Yl..b1:�sijt%1<•u raY.w-....... _�.........r. .....an,n..t l✓.�.r. :.'t:":J:{',:%::.:.;t.....r4'i134.:5., .{..:.'l>.fr,i .. ) t rt i 4k; r ' • r i t I.i I Schedule of Compensation 1. Lead Design on Project $5,750.00 2. Architectural Design Services $15,500.00 3. Structural Footings and Foundation $2,250.00 4. Building Superstructure and Frame System $2,450.00 5. HVAC Design Services $5,400.00 d 6. Electrical Design Services $6,800.00 r 7. Plumbing Design Services $3,600.00 I BASE CONTRACT PRICE $41,750.00 i 8. Miscellaneous Services � tl Senior Project Architect $85.00 per hour Senior Structural Engineer $95.00 per hour Senior Project Engineer $85,00 per hour Design Engineer $75.00 per hour Senior Technician $48,00 per hour ' Technician $45,00 per hour Draftsman $42.00 per hour i 2 Man Survey Team $70,00 per hour , 3 Man Survey Team $92.00 per hour Clerical $32.00 per hour Specialty Consultant cost x 1.15 Mileage $0.45 per mile } Misc. Cost-postage, phones, printing Cost r f t ' r , � y t. , 1 tf t.__ • 3tfsn �r� r''x}i,.t4•..r�>l ,�. ;. .eH+.;,h 'e,,.,w..,..,..., •' wzmruva%zr.+al>trz.rr:�a:xrr..:;rgrrkw;?:i Wr•-�,+a%r'tis .«• 5 °i;ak rnh'�SS,i�t, i4�',E ,t i 1 7� rJ wL 't tH i�s 1' � c :',� ;,� ' ,',�. ' r ` ..✓, tl`' .'(7f � .�i X{F [ t 1Wt)r4. S . ; it