HomeMy Public PortalAboutORD10707 i
1
BILL NO. �r�". - �'-5-
SPONSORED BY COUNCILMAN L�jtl `�'1' ��•�.��o
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH FORREST CAPPS AND
ASSOCIATES ARCHITECTS, AIA, FOR ARCHITECTURAL AND ENGINEERING
SERVICES PERTAINING TO THE DESIGN OF THE INNER CITY BUS TERMINAL.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of
Jefferson are hereby authorized and directed to execute a
contract with Forrest Capps and Associates Architects, AIA, for
architectural and engineering services pertaining to the design
of the inner city bus terminal for a sum not to exceed $10,800.
Section 2. The agreement shall be substantially the same in
form and content as Exhibit A attached hereto.
Section 3. This ordinance shall be in full force and effect
from andafter the date of its passage and approval.
IP Passed �� `.lG Approved
Pre 3-ding Off ' er ayor � +
ATTEST:
City Clerk
SPECIAL CONSULTANT CONTRACT
THIS AGREEMENT, made and entered into this day of
1.9 by and between the City of
Jeffetrs on, 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 Forrest Capps &
Associates Architects AIA hereinafter
referred to as the "Consultant" .
WITNESSETH:
THAT, WHEREAS, the City of Jefferson desires to engage the
Consultant to render certain technical and professional services
hereafter described in connection with a project more
particularly described in Exhibit A; 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 /a 2 0 7 _ of the City Council, of the
City of Jefferson, adopted � �_ �Z 11 19 �r,
to enter into a contract with the ant for the performances
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. The City agrees to engage the services of the Consultant
to perform the services hereinafter set forth in connection with
projects described in Exhibit A.
2 . 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 prepared and approved by the
office of the Director of Transportation and shall be
accepted and countersigned by the Consultant or its agreed
representatives .
3. 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 .
4 . 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
l
personnel shall not by employees of or have any contractual
relationship with the City except as employees of the Consultant.
Ak All of the services required hereunder will be performed by the
WW 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. 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 in accordance
with the schedule of work set out in Exhibit A.
6. The City agrees to pay the Consultant in accordance with
the terms set forth in Exhibit A, which shall constitute complete
compensation for all services to be rendered under this 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 $ 10, 800 .00
for all services required 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.
7. The City will. pay the Consultant in accordance with the
rate set forth in Exhibit A, 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.
8. 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
2
the City for damages sustained by the City by virtue of any such
breach of the contract by the Consultant.
9. 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.
10. 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.
11. 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.
12. 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.
13 . 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.
14 . 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. Consultant further agrees to defend,
indemnify, and hold the City harmless from and against
3
any claims, losses and liabilities arising out of the
award of this contract to the Consultant.
15. All notices required or permitted hereinunder and
required to be in writing may be given by first class mail
addressed to City at 320 East McCarty, Jefferson City, Missouri
65101, and Consultant at 2721 B Industrial Drive, Jefferson
City, Missouri 65101 The date of delivery of any notice shall
be the date falling on the second full day after the day of its
mailing.
Executed this / day of A .- —. , 19 86
CITY OF JEFFERSON, MISSOURI
By
MAYOR
i
`ATTEST
r
CITY CLERK
CONSULTANT
By G/
4
EXHIBIT A
INNER CITY BUS TERMINAL
SCOPE OF SERVICES
I. Description of Work.
The architect would work with the City Director of
Transportation and Trailways representative to develop:
1. Site Plan ,
2. Special Requirements
3. Building Plans and Specifications
4 . Bidding and Construction Services, including site
inspection.
The architect would also provide all architectural services.
The objective being to construct a 1000 to 1500 s.f.
structure, for an Inner City Bus Terminal. Construction to
be completed this season.
II. Task and Services .
1. Meet with the city officials and Trailways
representatives to develop a preliminary site plan and
general building parameters as follows:
a. Material quality level considering budget
constraints .
b. Exterior architecture based on aesthetics and
environmental considerations.
C. Mechanical, water/waste, and electrical
requirements , definitions and siting:
i. HVAC
ii. Lighting ( interior/exterior)
d. Security requirements .
e. Energy conservation.
f. Building codes.
g. Handicap design considerations.
2. Prepare Final-Design Criteria and Concepts including:
a. Outline specifications.
b. Proposed site plan.
C. Proposed construction and floor plan.
d. Pre-final construction cost estimate.
e. Pre-final design and construction schedule.
3. Submit and make a formal presentation of final design
concept to city officials and Trailways representatives
for approval.
4 . Develop construction documents.
AMk a. Working drawings. (Including Plot Plan, Floor
Plan, Elevations , Sections Foundation, Roof
Framing, Doors and Windows, Wall Sections,
Details, etc. )
b. Final specification.
C. Update cost estimate.
d. Update construction schedule.
5. Prepare bid documentation.
a. Prior approval by City of working drawings and
specifications .
6. Provide A/E construction services.
a. Assist city as requested, duxirg construction,
advertisement/award process.
b. Provide full A/E services during construction,
including site inspection.
C. Provide all necessary copies of Plans and
Specifications , plus one set of reproducible as
built plans .
III. Assistance.
The City will provide:
1. Property line survey and topographic map of the site,
showing location of all known utilities .
IV. Schedule and Percentage of Work.
Phase of Work Time Required o of Work
Schematic Design 3 Weeks 15
Design Development 4 Weeks 20
Construction Documents 7 Weeks 40
Bidding 3 Weeks 5
Construction Determined by
Contractor 20
100%
The above schedule is contingent upon receipt of complete
project requirements from the City and Trailways prior to
commencing work.
V. Schedule of Hourly Rates .
1. Principals ' time at the fixed rate of Thirty-five
Dollars ($35.00 ) per hour. For the purposes of this
Agreement, the Principals are: Forrest 0. Capps, Jr.
and Timothy E. Harlow, Architects .
2. Principals ' employees ' time computed at a multiple of
Amok two and one half (2 .5 ) times the employees ' Direct
Personnel Expense as defined in Article 4 of AIA
Document B141 Standard Form of Agreement Between Owner
and Architect.
3. For Additional Services of Consultants, including
additional structural, mechanical and electrical
services and those provided under Subparagraph 1. 2. 21
or identified in Article 5 as part of Additional
Services , a multiple of One and One Half ( 1. 5 ) times
the amounts billed to the Architect for such services.
See attached AIA Document B141 Standard Architect.
4. For Reimbursable Expenses, as described in Article 4,
and any other items , included in Article 5 as
Reimbursable Expenses, a multiple of One and One Tenth
( 1. 1) times the amounts expended by the Architect, the
Architect 's employees and consultants in the interest
of the Project. See attached AIA Document B141
Standard Architect.
VI. Payment.
The Consultant shall submit monthly billings based on the
hourly rates and showing number of hours worked for each
category set out in section V. with the maximum of each
phase not to exceed the % shown in IV.
VII. Personnel.
1. Forrest Capps will be responsible for the proposed
project.
2. Tim Harlow will be the project supervisor.
3. Key , project personnel will be Forrest Capps and Tim
Harlow. Linda Denny will assist with project drafting.
4. See attached resume for staff consultants .