HomeMy Public PortalAboutORD10983 BILL NO. 87-163
SPONSORED BY COUNCILMAN HALSEY
ORDINANCE NO. /Qj f j
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERIC TO EXECUTE AN AGREEMENT WITH CAMPBELL DESIGN
GROUPS FOR THE DESIGN AND SITE PLAN DEVELOPMENT FOR AN
OPERATIONAL/TRAINING CENTER.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute an agreement with Campbell Design Groups for
the design and site plan development for an operational/training
center for a sum not to exceed $11, 500.00.
Section 2. The contract shall be substantially the same in
form and content as that contract 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 / ZgEt Approved
si Officer ayor
ATTEST:
City Clerk
CONTRACT FOR ARCHITECTURAL, ENGINEERING AND PLANNING SERVICES
THIS AGREEMENT, made and entered into this � _ day of
January, 1988, 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 Campbell Design Group, One Campbell Plaza,
59th & Arsenal, St. Louis, Missouri 63139, hereinafter referred
to as the "Architect. "
WITNESSF.TH:
THAT, WHEREAS, City desires to engage the Architect to
render certain technical and professional services hereafter
described in connection with the Master Planning for the City's
Training/Operation Facilities; and
WHEREAS, the Architect 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 ET of the City Council, of the City
of Jefferson, adopted , 19k, to enter into a
contract with the Arc i ect foxothe performances of services by
the Architect.
NOW, THEREFORE, for the considerations herein expressed, it
® is agreed by and between the City and the Architect as follows:
1. Scope of Work. The Architect agrees to perform the
following architectural, engineering, planning and cost
estimating services for the referenced project:
A. Facility Programming
o Meet with designated personnel from the Police Depart-
ment, Fire Department and the Public Works Departments.
o These meetings will be used to generate the
requirements of the proposed facilities. These
requirements will be documented in a facility program
of which five (5) copies will be submitted to the City
for review.
o The facility program will document such information as
goals, needs , facts, concepts and the problem
statement. Plus required square footage for the
various activities and associated equipment
requirements.
o The facility program will document department
• relationships, required circulation of personnel and
vehicles.
® o The facility program will document projected
construction cost for the entire project or in phases
pending financing.
Campbell. Design Group will incorporate all City comments into a
final facility program. Twenty-five (25) copies of the final
report will be submitted to the City.
H. Preliminary Schematics
o Campbell Design Group will use the City approved
facility program to prepare a preliminary schematic
design for the required: - burn tower
- equipment testing area
- classroom facility
- ponding area
- firing range
- canine training area
- secured storage area
- building and storage facility for Public Works-
Wastewater Department
- main storage facility for Public Works-Street
Department
- other anticipated facilities
® C. Master Site Planning
o Campbell Design Group will use the approved
schematic design to prepare a master site plan locating all
anticipated facilities, planned expansions and anticipated
facilities giving special consideration to flood plain and
protection of surrounding environs.
o Campbell Design Group will provide twenty-five (25)
copies of the final approved master site plan.
o Campbell Design Group will provide one (1 ) large scale
reproducible master site plan.
o Campbell Design Group will provide a rendering for
display at public meetings and hearings (24" x 3611 ) .
D. Project Cost Estimating
o Campbell Design Group will use Campbell Construction
Services to assist in the development of costs for:
- site grading
- facilities
- landscaping
• - lighting
- streets (data supplied by the City) - utilities (data
supplied by the City)
® - operating and maintenance costing (general
considerations)
o Campbell Design Group will provide a cost summary in
the final facility program document.
2. Additions or Deletions to Services. The City may add to
architectural services or delete therefrom activities of a '
similar nature to those set forth in paragraph 1. The Architect
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
Architect or his agreed representatives. For example, if the
City requests additional design services, the fee for these
services will be negotiated at that time.
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 Architect without charge by the
City and the City shall cooperate with the Architect in every
reasonable way in carrying out the scope of work.
The City will furnish, as required for the work and not at
the expense of the Architect, the following items:
AML a. Property, boundary, easement, right-of-way, topographic
and utility surveys 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 Architect represents that
the Architect has, or will secure at its own expanse, all
personnel required to perform -the services called for under this
contract by Architect. Such personnel shall not be employees of
or have any contractual relationship with the City except as
employees of the Architect. All of the services required
hereunder will be performed by the Architect or under Architect'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 Architect 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 light of the purposes of the contract,
but in any event, all of the services required hereunder shall be
completed within two ( 2 ) calendar months from the date of
execution of this contract.
Architect understands that the time required for the
preliminary report and plan review by the City will not be
charged to the two (2) month time allowance for the project.
6. Compensation. The City will pay the Architect in
accordance with the rate set forth below, which shall constitute
full and complete compensation for the Architect services
hereunder. Such compensation will be paid in progress payments
on a percent completion of project, as agreed to by the City.
The final payment will be subject to receipt of a requisition for
payment and a statement of services rendered from the Architect
that the Architect fully performed such 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 Architect under the terms of
this contract exceed the sum of $11,440.00 for all services
required unless specifically and mutually agreed to in writing by
both the City and Architect. 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.
a. Monthly payments shall be made to the Architect by the
City as follows:
(1) The monthly installments and current total
billings shall not be disproportionate to work
progress as reported by the Architect.
(2) The entire amount due shall be paid each month,
provided the maximum billing amount has not been
exceeded.
7. failure to Perform, Cancellation. If, through any
cause, the Architect shall fail to fulfill in timely and proper
manner its obligations under this contract, or if.the Architect
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 Architect
of such termination and specifying the effective date thereof, at
least five (5) days before the effective day of such termination.
City or Architect may without cause -terminate this contract upon
thirty (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 Architect under this contract shall, at
the option of the City, become its property and the Architect
shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other
materials.
Notwithstanding the above, the Architect 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
Architect.
8. Assignment. The Architect 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 Architect
under this contract which the City requests to be kept as
confidential shall not be made available to any individual or
organization by the Architect without prior written approval of
the City.
Auk
10. Nondiscrimination. The Architect agrees in the
performance of this contract not to discriminate on the grounds
or because of race, creed, color, national origin or ancestry,
sex, religion, handicap, age or political opinion or affiliation,
against any employee of Architect or applicant for employment and
shall include a similar provision in all subcontracts let or
awarded hereunder.
11 . Independent Contractor. The Architect is an
independent contractor and nothing contained herein shall
constitute or designate the Architect or any of its agents or
employees as agents or employees of the City.
12. Benefits Not Available. The Architect 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 Architect
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 Architect 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
Architect arising out of or in any way connected with
this contract.
c. The Architect shall carry and maintain in force
professional liability and errors and omissions
insurance during the term of this agreement.
14. Documents. Reproduc.ibles 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 services. Such reproducibles
shall be of original quality. 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
Architect its cost of copying and delivering same.
15. Non-solicitation. The Architect warrants that he had
not employed or retained any company or person, other than a bona
® fide employee working solely for the Architect, 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 Architect, 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 Architect 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 Architect shall not be liable for
delays resulting from causes beyond the reasonable control of the
Architect; that the Architect has made no warranties, expressed
or implied, which are not expressly set forth in this contract;
and that under no circumstances will the Architect be liable for
indirect or consequential damages.
• 18 . All notices required or permitted hereunder 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 Architect at One Campbell Plaza, 59th & Arsenal, St.
Louis, Missouri 63139. 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 Z42�-day of 19 .
CITY OF JEFFERSON, MISSOURI
By
ATTEST:
® CITY CLERK
CAMPBELL DESIGN GROUP
Architects, Engineers, Planners
Byr'
Max H. Nall, P.E.
Principal
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