HomeMy Public PortalAboutORD11298 ® BILL NO. 89-97
SPONSORED BY COUNCILMAN MASON
ORDINANCE NO. / fA f7 d'
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CAPPS-HARLOW &
ASSOCIATES FOR THE DESIGN OF AN ADDITION TO THE CITY ANIMAL
SHELTER.
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 Capps-Harlow & Associates for
the design of an addition to the City Animal Shelter, for a sum not
to exceed $10,000.00.
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 .-tom �S"/5a'9 Approved G /
resid Officer or
ATTEST:
City Clerk
ARCHITECTURAL CONTRACT
AW,GREEMENT, made and entered into this day of
6F9, by and between the City of Jefferson, M ssouri, a
municipal corporation, hereinafter referred to as the "Owner" and
Capps-Harlow & Associates, having a principal being a registered
architect in the State of Missouri, holding certificate number
A-1379 , hereinafter referred to as the "Architect".
WITNESSETH:
WHEREAS, the Owner intends for a total amount of Ten Thousand
Dollars ($10,000.00) to design an extension to the existing City
Animal Shelter.
NOW, THEREFORE, in consideration of the premises and covenants
hereinafter contained, the parties hereto hereby agree as follows:
ARTICLE I
PERFORMANCE
1.1 The Architect agrees to provide professional services as
hereinafter set forth for the Project, as the term "Project"
is defined above, in accordance with the terms and conditions
of the Agreement.
1.2 In the event there are changes in the Project or the
Architect's services, a supplement of this Agreement may be
negotiated at the request of either party.
1.3 Services of the Architect are to commence on the date of
execution of this Agreement and shall be undertaken to assure
the expeditious completion in light of the purposes of this
Agreement. The Architect shall make the following
submissions, exclusive of the Owner's review time:
Design Development Documents Phase - within 30
calendar days after the date of execution of this
Agreement.
Construction Documents Phase - within 45 calendar
days after written permission to proceed with
Construction Documents Phase.
ARTICLE II
COMPENSATION
The Owner agrees to pay the Architect as compensation for
professional services:
2.1 For Basic Services as described in Paragraph 3.1, a lump-sum
amount of Ten Thousand Dollars ($10,000.00) .
S •
® 2.2 For additional services an defined in Paragraph 3.21
compensation computed as follows:
2.2.2 Employee's time at the following fixed rates:
Project Architect. . . . . . . . . . . . . . . . . .$ 40.00 per hour
Drafting. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 25.00 per hour
Clerical. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15.00 per hour
2.2.3 Services of the professional consultants engaged for
other than normal structural, mechanical and electrical
engineering services at a multiple of 1.1 times the amount
billed to the Architect for such services.
2.3 Reimbursable expenses as defined in Article 6 to the amount
expended.
2.4 To the fees and other payments payable hereunder, the
Architect may add the amount of any applicable gross receipts
tax.
2.5 The times and conditions of payment shall be as described in
Article 7.
ARTICLE 3
® ARCHITECT'S SERVICES
3.1 Basic Services. The Architect's Basic Services consist of the
five phases described below and include normal structural,
mechanical, and electrical engineering services. The
Architect shall obtain the written approval of the Owner
before beginning each subsequent phase.
3.1. 1 The Architect shall consult with the Owner to ascertain
the requirements of the Project and shall confirm such
requirements to the Owner.
3.1.2. The Architect shall prepare Schematic Design Studies
consisting of drawings and other documents illustrating the
scale and relationship of Project components for approval by
the Owner.
3.1.3. The Architect shall submit to the Owner a Statement
of Probable Construction Cost based on current area, volume
or other unit costs.
.3.1.4. The Architect shall prepare from the approved
Schematic Design Studies, for approval by the Owner, the
Design Development Documents consisting of drawings and other
documents to fix and describe the size and character of the
entire Project as to structural, mechanical and electrical
t
s
® systems, materials and such other essentials as may be
appropriate.
3. 1.5. The Architect shall submit to the Owner a further
Statement of Probable Construction Cost.
3. 1.6. The Architect shall prepare from the approval Design
Development Documents, for approval by the Owner, Working
Drawings and Specifications setting forth in detail the
requirements for the construction of the entire Project
including the necessary bidding information, and shall assist
in the preparation of bidding forms, the Conditions of the
Contract, and the Form of Agreement between the Owner and the
Contractor. The bidding form shall not contain an Architect's
Contingency amount.
3. 1.7. The Architect shall advise the Owner of any
adjustments to previous Statements of Probable Construction
Cost indicated by changes in requirements or general market
conditions by preparation of an Estimate of Project
Construction Cost.
3.2 Additional Services
If any of the following Additional Services are authorized in
writing by the Owner, they shall be paid for by the Owner as
hereinafter provided.
3.2.1. Providing any other services not otherwise included
in this Agreement or not customarily furnished in accordance
with generally accepted architectural practice.
3. 1.22. The Architect shall prepare and submit to the Owner
a set of reproducible record drawings showing significant
changes in the Work made during the construction process upon
completion of the project.
ARTICLE Iv
THE OWNER'S RESPONSIBILITIES
3. 1.16. The Owner's decisions in matters relating to artistic
effect shall be final if consistent with the intent of the
Contract Documents.
3.1.17. The Owner shall have the authority to reject Work
which does not conform to the Contract Documents. Whenever,
in his reasonable opinion, he considers it necessary or
advisable to ensure the proper implementation of the intent
of the Contract Documents, will have authority to require
• special inspection or testing of any Work in accordance with
the provisions of the Contract Documents whether or not such
Work be then fabricated, installed or completed.
® 3. 1. 18. The Owner shall review and approve shop drawings,
samples, and other submissions of the Contractor for
conformance with the design concept of the Project and for
compliance with the information given in the Contract
Documents.
3. 1.19. The Owner shall prepare Change Orders for
4.1 The Owner shall provide full information regarding his
requirements for the Project.
4.2 The Owner shall designate, when necessary, a representative
authorized to act in his behalf with respect to the Project.
The Owner or his representative shall examine documents
submitted by the Architect and shall render decisions
pertaining thereto promptly, to avoid unreasonable delay in
the progress of the Architect's Work.
4.3 The Owner shall furnish a certified land survey of the site,
giving, as applicable, grades and lines of streets, alleys,
pavements, zoning, deed restrictions, boundaries and contours
of the site; locations, dimensions and complete data
pertaining to existing buildings, other improvements and
trees; and full information concerning available service and
utility lines both public and private, above and below grade,
® including inverts and depths.
4.4 The Owner shall furnish the services of a soils engineer or
other consultant when such services are deemed necessary by
the Architect, including reports, test borings, test pits,
soil bearing values, percolation tests, air and water
pollution tests, ground corrosion and resistivity tests and
other necessary operations for determining subsoil, air and
water conditions, with appropriate professional
interpretations thereof.
4.5 The Owner shall furnish structural., mechanical, chemical and
other laboratory tests, inspections and reports as required
by law or the Contract Documents.
4 .6 The Owner shall furnish such legal, accounting and insurance
counselling services as may be necessary for the Project, and
such auditing service as he may require to ascertain how or
for what purposes the Contractor has used the moneys paid to
him under the Construction Contract.
4.7 The services, information, surveys and reports required by
Paragraphs 4.3 through 4.6 inclusive shall be furnished at the
Owner's expense, and the Architect shall be entitled to rely
eupon the accuracy and completeness thereof.
4.8 If the Owner observes or otherwise becomes aware of any fault
or defect in the Project or non-conformance with the Contract
Documents, he shall give prompt written notice thereof to the
Architect.
4.9 The Owner shall furnish information required of him as
expeditiously as necessary for the orderly progress of the
Work.
ARTICLE VI
REIMBURSABLE EXPENSES
6. 1 Reimbursable Expenses are in addition to the Compensation for
Basic and Additional Services and include actual expenditures
made by the Architect, his employees, or his professional
consultants in the interest of the Project for the expenses
listed in the following Subparagraphs:
6.1.1 If authorized in advance by the Owner, expense of
transportation and living when travelling in connection with
the Project; long distance calls and telegrams; and fees Paid
for securing approval of authorities having jurisdiction over
the Project.
6.1.2 1 I authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates and expense
of renderings or models for the Owner's use. Any such
renderings or models shall become the property of the Owner.
6.1.3 Expense of computer time when used in connection with
Additional Services.
6.1.4 Architect's cost *of reproducing Contract Documents for
bidding purposes for the number of copies as agreed upon with
the Owner.
ARTICLE VII
PAYMENTS TO THE ARCHITECT
7.1 Payments on account of the Architect's Basic Services shall
be made as follows:
7.1.1 Payments shall be made at the completion of each of the
following phases and in proportion to services performed so
that the compensation at the completion of each of the
following Phases shall equal the following percentages of the
total Basic Compensation:
Schematic Design and Design Development Phase. . . . . 35%
Construction-Document Phase. . . . . . . . . . . . .. . . . . . . . . . 80%
Bidding and Construction Phase. . . . . . . . . . . . . . . . . . . .100%
t
7.2 Payments for Additional Services of the Architect as defined
in Paragraph 3.2, and for Reimbursable Expenses as defined in
Article 6, shall be made monthly upon presentation of the
Architect's statement of services rendered.
7.3 No deductions shall be made from the Architect's compensation
on account of penalty, liquidated damages, or other sums
withheld from payments to contractors except that payments to
the Architect for the Construction Phase will be proportional
to the amount paid the Contractor.
7.4 If the Project is suspended for more than three months or
abandoned in whole or in part, the Architect shall be paid his
compensation for services performed prior to receipt of
written notice from the Owner of such suspension or
abandonment, together with Reimbursable Expenses then due an
all terminal expenses resulting from such suspension or
abandonment. If the Project is resumed after being suspended
for more than three months, the Architect's compensation shall
be subject to renegotiation.
ARTICLE VIII
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architect's Additional Services and Reimbursable
Expenses pertaining to the Project shall be kept on a recognized
accounting basis acceptable to the Owner and shall be available to
the Owner or his authorized representative at mutually convenient
times.
ARTICLE IE
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall
remain the property of the Architect whether the Project for which
they are made is executed or not. They are not to be used by the
Owner on other projects or extensions to the Project except by
Agreement in Writing and with appropriate compensation to the
Architect.
ARTICLE Z
SUCCESSORS AND ASSIGNS
The Owner and Architect each binds itself, its partners,
successors, assigns and legal representatives to the other party
to this Agreement and to the partners, successors, assigns and
legal representatives of such other party with respect to all
covenants of this Agreement. Neither the Owner nor the Architect
shall assign, sublet or transfer its interest in this Agreement
-without the written consent of the other.
ARTICLE ZI
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement
between the Owner and the Architect and supercedes all prior
negotiations or agreements, either written or oral. This agreement
may be amended only be written instrument signed by both Owner and
Architect.
ARTICLE SII
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed by the
laws of the State of Missouri.
ARTICLE X111
TERMINATION
A. This Agreement may be terminated by either party upon fifteen
(15) days' written notice to the other party in the event of
substantial failure by the other party to fulfill its
obligations under this Agreement through no fault of the
terminating party.
B. This Agreement may be terminated by the Owner for its
convenience upon fifteen (15) days' prior written notice to
the Architect.
C. In the event of termination, as provided in this Article, the
Architect shall be paid as compensation in full for services
performed to the date * of such termination, an amount
calculated in accordance with Article 2 of this Agreement.
Such amount shall be paid by the Owner upon the Architect's
delivering or otherwise making available to the Owner, all
data, drawings, specification, reports, estimates, summaries
and such other information and materials as may have been
accumulated by the Architect in performing the services
included in this Agreement, whether completed or in progress.
ARTICLE XIV
COPIES OF DRAWINGS AND SPECIFICATION$
The Architect shall provide six (6) sets of drawings and other ,
documents as provided in the Schematic Design and Design
Development Phases and six (6) sets of drawings and specifications
as provided in the Construction Documents Phase in consideration
of his fee for basic services. Additional copies will be provided
by the Architect to the Owner at the cost of reproduction.
e
® ARTICLE ZV
INDEMNITY
The Architect agrees to defend, indemnify and hold harmless the
City and its officers, agents and employees from and against all
suits, actions or claims of any character brought because of any
injury or damage received or sustained by any person, persons or
property arising out of or resulting from any asserted negligent
act, error or omission of the Architect or its agents or employees.
The Architect is not required hereunder to defend the City, its
officers, agents, or employees, or any of them from assertions that
they were negligent, or indemnify and save them harmless from
liability based upon their negligence. The indemnity required
hereunder shall not be limited by reason of the specification of
any particular insurance coverage in this Agreement.
ARTICLE YVI
INSURANCE
The Architect agrees to procure and maintain at its expense until
final payment by the Owner for services covered by this Agreement,
insurance in the kinds and amounts hereinafter provided with
insurance companies authorized to do business in the State of ;
Missouri, covering all operations under this Agreement, whether
performed by it or its agents. Before commencing the Work the
Architect shall furnish to the Owner a certificate or certificates
in form satisfactory to the Owner, showing that it has complied
with this paragraph. All certificates shall provide that the
policy shall not be changed or cancelled until at least ten (10)
days written notice shall have been given to the Owner. Kinds and
amounts of insurance required are as follows:
Workmen's Compensation Insurance: Workmen's - Compensation
Insurance for its employees in accordance with the provisions
of the Workmen's Compensation Act of the State of Missouri.
Liability Insurance: Professional Liability Insurance in an
amount not less than $100,000 per claim and aggregate and
automobile liability insurance in an amount not less than
$250,000 for injuries to any one person and $500,000 on
account of any one accident and in an amount of not less than
$100,000 for property damage to protect the Architect and its
agents from claims which may arise from services rendered
under the Agreement, whether such services are rendered by the
Architect or by any of its agents or by anyone employed by
either.
ARTICLE ZVIII
DISCLOSURE
The Architect hereby affirms that he and his firm have not made or
agreed to make any valuable gift whether in the form of service,
loan, thing or promise to any person or any of his immediate
family, having the duty to recommend, the right to vote upon, or
any other direct influence on the selection of consultants to
provide professional design services to the Owner within the two
years preceding the execution of this Agreement. A campaign
contribution, as defined by the Election Code of the City Charter
shall not be considered as a valuable gift for the purposes of this
Agreement.
ARTICLE BIZ
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the Architect shall
not discriminate against any person ont he basis of race, color,
religion, sex, national origin or ancestry, age or physical
handicap.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the day and year first above written.
CITY OF JEFFERSON, MISSOURI .
yor
ATTEST:
City -Clerk
ARCHITECT
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ATTEST:
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