Loading...
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 t