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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 Ti e: ATTEST: y Title: