HomeMy Public PortalAboutORD08592 BILL NO. ,.
INTRODUCED BY COUNCILMEN:
ORDINANCE NO. $ �a
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND
DIRECTING THE MAYOR AND THE CLERK TO EXECUTE AN AGREEMENT (WITH
ADDENDUM) WITH SKIDMORE, OWINGS & MERRILL FOR THE PREPARATION OF
A BEAUTIFICATION PLAN FOR JEFFERSON CITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The Mayor and the Clerk of the City are hereby
authorized to execute an Agreement (with Addendum) with Skidmore,
Owings & Merrill, for the preparation of a Beautification Plan
for Jefferson City.
Section 2. Said Agreement (with Addendum) shall read in
words and figures as follows :
AV
,dl- r
AGREI' 'ill ENT
i
This Agreement made this led, ` day of ,
1973, by and between the City of Jefferson, Missouri, hereinafter
sometimes called "City" , and Skidmore, Owings & Merrill of Chicago,
Illinois, hereinafter sometimes called "SOM";
WITNESSETH:
WHEREAS, the City acting through its City Council, herein-
after sometimes called "City Council", has heretofore constituted
its Commission on Environmental Quality (hereinafter sometimes
called "Commission") by its Ordinance No. 8413, and has charged
Aw
such Commission with formulating a beautification plan for
Jefferson City; and
WHEREAS, the Commission has formulated and adopted its
"Work Program for Planning Consultants for the Official City
Beautification Plan for Jefferson City, Missouri", under date of
August 11, 1972, hereinafter called "Work Program"; and the guide-
lines set forth therein have been considered by the parties ; and
WHEREAS, personnel of SOM have met with members of the
Commission and have become familiar with the requirements of the
Commission and the City in the formulation of the Official City
Beautification Plan for Jefferson City; and
WHEREAS, specialized expertise is required in the develop-
ment of such plans ; and
WHEREAS, the parties desire to enter into a contract pro-
viding for SOM to render planning services in this respect to
the City.
NOW, THEREFORE, in consideration of the mutual benefits,
It is agreed as f olJ ows :
1. SOM agrees to perform planning and other related
Cervices for the City which Will include the development of a
comprehensive program in the form of a City Beautification Plan
for improvement of the visual environment of Jefferson City . SOM
acknowledges having studied the "Work Program" . The parties agree
that the "Work Program" shall be considered as the specifications
in formulating such City .Beautification Plan; however, the pro-
visions of this Agreement shall govern in the event of any conflict
between the "Work Program" and this Agreement. The plan to be
developed will define the principles and policies relating to
the design of the following basic elements and related matters:
The appearance of public structures and their sites ; a system for
beautification of public open spaces, streets, and special sites
such as the riverfront; the preservation of historic areas and
architecturally significant buildings ; and, the appearance of
private development. The project will also include the development
of action programs including cost studies, studies of methods,
sources and feasibility of funding, and the identification of
required Legislative changes for implementation of the plan.
2 . Planning Services
A. SOM will provide services which are divided into
three major phases, each of which shall provide
a clear presentation of progressively defined
information and plans leading to completion of
the City Beautification Plan. Between each phase
a formal presentation will be made to the Commis-
sion for review. Such work must be approved in
writing by the Commission before SOAI proceeds to
the next phase of the X-70rk, and should either the
r
Commmission or City Council of the City desire
specific reasonable changes ues in any such phase
before such phase has been approved, which changes
..2_
are within the scope of this A;reomont and vhich
are not incompatible with previously approved
plans, SOIM will make such planning changes as a
part of this Agreement.
(1) Phase One - Inventory and Analysis
Development of a systematic inventory of information
obtained from on-site surveys and review of existing
plans, reports and other available relevant data
including but not limited to those enumerated in
the "Work Program". Also included in this phase:
(a) Review of the project with selected
local agencies, as directed by the
OT Commission or the City Council.
(b) Recording of -the on-site survey in-
formation by means of photographs,
drawings, and/or skethces , to include
natural resources and architectural
and historical features.
(c) Evaluation of this information and
confirmation of basic assumptions
regarding future growth or change
in the City area.
(d) Presentation of preliminary findings to
the Commission for its review and ap-
proval as well as presentation to the
City Council if requested.
(Z) Phase Two - Design Proposals
Development- of design proposals or programs for
those areas which can be treated as typical in
the City and for those special study areas which
offer unique design opportunities. Included in
this phase will be:
(a) Prototype Studies
(i) Identification of typical areas
which are found throughout the
City.
(ii) Development of a vocabulary of
plant materials , lighting, signing,
textures, street furniture and
other items of aesthetic consid-
eration.
�3_
(iii) Developmcnt of principles and
policies for application of the
' vocabulary through both public
and private participation.
(iv) Selection of one or more examples
of the identified typical areas
to demonstrate the recommended
quality and design character to
be achieved.
(b) Special Studies
(i) Identification of those areas or
situations where unique visual
problems exist and/or opportunities
for capitalizing on natural or man-
made assets present themselves .
Included in these study areas will
be a portion or all of the Central
Agah Business District (including con-
sideration of a downtown mall) , the
riverfront, Route 50 I-lest as identified
in existing City plans and recommenda-
tions.
(ii) Recommendation of basic design
approaches and treatment of these
selected study areas .
(iii) Recommendation of appropriate
materials, landscaping, tree plant-
ing, signing, street furniture and
other aesthetic improvements for
these areas.
(c) Presentation of design proposals and preli-
minary principles and policies in written,
AM graphic and oral form to the Commission and,
if requested, to the City Council.
(3) Phase Three - Plan Development
Final development of the integrated City
Beautification Plan, including the physical
design elements, action programs for its
implementation, and methods for evaluating,
updating and modifying the plan. Included in
this phase will be:
(a) Development of the physical design
elements of the plan including:
(i) Classification of streets by use
and design potential and recommenda-
tions of appropriate design treatment
' 1
for trees , tree planting, lie"itin g,
signing, street furniture.: and other
aesthetic improvements .
• (ii) Identification of major entrances to
the City, scenic vistas , points of
orientation and special experience,
for both visitors and residents, for
retention and/or enhancement.
(iii) .. Recommendations for improvement of
public buildings and development of
a system of public open spaces
throughout the City.
(iv) Development of reasonable guidelines
for control of existing and proposed
private development, including
standards for signs and billboards,
overhead wires, junkyards, and other
recognized visual problems .
(v) Recommendations for appropriate re-
habilitation of historic sites, areas
or buildings for preservation and/or
other improvements.
(vi) Recommendations for development of
other design proposals.
(b) Coordination and cooperation with representatives
of Lincoln University and appropriate State
government officials responsible for planning
of those areas under their jurisdiction. In-
eluded will be the coordination of the City's
plans with the State Capitol Building comples .
(c) Development of action programs for implementa-
tion of plan recommendations .
(i) Development of estimated costs in-
cluding direct and indirect costs and
those required from public funds and
private funds of the recommended plan
or plans . Identification of changes
necessary to existing ordinances or
established procedures, and recommenda-
tions to appropriate agencies . No
actual legislation will be drafted or
introduced before City or State legisla-
tive bodies . SO;I will utilize reasonable
care in making recommendations which it
believes to be lawful and feasible; how-
ever, SOM does not insure either the
lawfulness or the feasibility of its
proposals , and SO:.I shall not be under
any duty to consult with or to secure
the opinion of legal counsel as to the
lawfulness of its proposals .
-5-
(ii) Identification of potential sources
and methods of public and/or ptivate
financing, suggestions relative to
securin,^ such financin;, and assistance
in identification of those agencies
responsible for implementation of the
plan.
(iii) Preparation, in cooperation with local
agencies, of a staged program and
schedule for implementation and main-
tenance of the plan based upon an
assignment of priorities of the recom-
mended projects contained within the
plan and upon the availability of
necessary funding.
(d) Preparation and submittal of 100 printed copies
of the City Beautification Plan report contain-
ing the recommendations of the study. Submittal
of a draft of the report for review and approval
of the Commission, and if requested, by the City
Council, prior to final printing.
(e) Assistance to the Commission and the City in
achieving public acceptance of the Plan by
means of oral presentations of the components
of the Plan to selected community representa-
tives or civic groups at meetings and/or on
radio or television.
B. Additional services may be provided by SOM when such
extra work and the terms thereof have been agreed
upon by SOM and the City Council in writing. Such
additional services may include:
(i) Services in connection with promotion,
publicity and public relations for the
project not herein otherwise provided.
(ii) Preparation for and/or appearance on
the City's behalf in connection with
any litigation or any zoning, building
code or other dispute respecting the
selected projects .
(iii) Such other services as may be specifi-
cally authorized by formal action of the
City Council.
C. In the performance of its services, SOM will use its
best efforts in applying professional skills .
3. Compensation
A. SOM shall be compensated for its services and
expenses incurred up to a maximum aggregate amount
of Twenty-three Thousand Dollars ($23,000 .00) . In
no event shall the total of compensation and reim-
bursement due SOM exceed that amount unless extra
work has been formally agreed upon pursuant to
Subsection 2 (B) and authorized by formal action of
the City Council.
B. Payments shall be- made to SOM upon its submission
to the City of monthly statements prepared in
accordance with Sections 4 and 5 of this Agreement;
provided, however, that until the work of SOM under
this Agreement has been completed, the City may
ten (10)
withhold mmRy; (moo) per cent of each billing for
services pursuant to Section 4 (no amount shall, how-
ever, be withheld from reimbursable expenses billed
pursuant to Section 5) , and provided further that
City shall not be obligated, in any event, to pay
to SOM more than ninety (90%) per cent of the Twenty-
three Thousand Dollar ($23,000.00) amount until
such time as SOM shall have completed its work
under this Agreement.
4. Billings for Services
A. For its services outlined in Section 2, S014 will
receive its usual and customary hourly rates for
the time spent on the project by its technical
personnel, including overtime premiums in connection
with overtime work requested by City and travel
time during- normal working hours, plus a markup of
175%; provided, however, that no compensation will
® be Mowed for the extra work specified in Subsection
2 (B) unless that extra work is specifically agreed
to in writing in advance of the work by the parties
-7-
hereto including formal action of the City Council
authorizing such services. The provisions of this
subsection shall not, however, be construed as
authorizing the payment of compensation which will
cause the aggregate of compensation for services
and reimbursable expenses to exceed the maximum
allowable amount specified in Subsection 3.A.
B. Technical personnel shall include partners of SOM,
when involved in a technical capacity, and all other
personnel assigned to the project by SOM or retained
Aft by SOM for the project, including specification and
report typists and electronic computer operators,
but exclusive of general office employees such as
accountants, bookkeepers, secretaries, stenographers,
plan clerks, switchboard operators and office boys.
5. Billings for Reimbursement of Expenses
SOM is to be reimbursed for its actual and reasonable
expenses in connection with the performance of its
services, for travel, subsistence outside the Chicago
metropolitan area, reproduction of drawings, specific-
ations, reports and other documents, the use of its
computer at its usual and customary hourly rate, the
cost to SOM for the use of outside computers, long-
distance telephone calls and telegrams, shipping and
postage charges, presentation equipment and material,
any sales, use, occupation or similar taxes applicable
to this Agreement or the performance of services here-
under, purchase of area maps, code books and similar
documents, and, as authorized by the Commission or
City Council, renderings and models prepared within
-8-
• • 1 i
or outside of its office, mock-ups and photographs and
services of consultants. The provisions of this sec-
tion shall not, however, be construed as authorizing
the payment of reimbursable expenses which will cause
the aggregate of reimbursable expenses and compensation
for services to- exceed the maximum allowable amount
specified in Subsection 3.A.
6. City Furnished Information
City shall furnish to SOM information regarding its
requirements for the project and such as SOM's services
hereunder may reasonably require. The Commission may
designate such person or persons to whom such requests
for information are to be made, as well as such person
or persons to aid SOM in making local contacts.
7. Termination
This Agreement may be terminated at any time by mutual
agreement of the parties, or may be terminated at any
time by either panty because of a material breach of
the Agreement by the other party. In the event of a
termination by mutual agreement (other than because of
a material breach of the Agreement by SOM) SOM shall
receive and accept as full payment for its services
performed prior to the time of such termination, the
amounts due it under Sections 3, 4 and 5 hereof.
8. Ownership of Documents
Although all original drawings and information
contained in the final report prepared by SOM
shall remain SOM's property, they may be used
in connection with the implementation of any or
all components of the plan. SOM will, upon
-9-
City's request, supply City at City's expense with
negatives for making reproductions of the drawings
specified in such request. SOM shall provide the
City upon request with at least one reproducable
copy of every drawing. SOM shall not be responsible
for the use or workability of any such drawing in
connection with any project other than the project
for which they were specifically prepared.
9. Personnel
The personnel of SOM who are assigned to perform
the principal. professional services under this
Agreement are agreed by the parties to be George
Dickey and Roger Seitz. Any change of such princi-
pal personnel assigned to this work must be approved
by both SOM and the Commission. If any such
principal personnel leave the employ of SOM, SOM
will assign other competent personnel in their
stead and shall consult with the Commission concern-
ing such assignment.
10. Time of Performance
The parties agree that careful study is necessary
to assure the proper performance of the project
under this Agreement. The parties agree that the
project will commence immediately following execution
of this Agreement and that the project work will be
completed by twenty-four (24) months from the date +
of this Agreement.
11. Assignment
This Agreement shall not be assignable by either
party without the prior written consent of the other.
-10-
rya.
� sw
A change in the membership of one or more partners
of SOM shall not constitute an assignment.
CITY OF JEFF ON
By
• Mayor
ATTEST:
City Clerk
See Addendum attached hereto.
Aft SKIDMORE, OWINGS & MERRILL
By
a ner
Addendum to Agreement
t"m City of Jefferson, Hismoori, and
Skidnor®l Owing@ Merrill
io. nth veeapaect ,tea the reformm®® to '%our'c'a as :egad feefanAbility,;
and'-tho 'id®ntificatioo. of required legislative esta+
1 .• e e t ► 1. f �h� e t an :: � '°de�vaelo ant of olati teed 008to
:.. '. �.e ntific Lion. of c1h as neec eao+� ► �:o :ee iat r ors igaa aea or
tcblished PTots reee 11 it Section 2(3) (c) 1) is tic underat ad '=
�t 'e, rs and within tag Scapa of, 'erviess f6t a eontvact of r.
th e'i 0.40K c oat, (iY, teeeee coat eer�t ,aeateee.:or macro Wit.
� r l coat of � Jac 'bs cema o .. t e�rcc�' viyll eat®t vary'
eye h est gip. � ri) e�i finitive '•dater a r ie s, See `� lea ffi
;avai . iry fedi ..a®earce ear 'a� to. L thia c. iil4 'e .
u,. . bill . off'.- rear eae�t o e povq nt tharoof 'to ®�a r�veee di re a �+�ae l� , ;k
Mako a. '
Comprehenelvi or vshmative reeSV aw of or is as.
goi a avo legal p9�oeweeer rene� :®�.° obta� .T9 ear r��cdor ).e Vii. �R�v �
''y �' °>.: �p , ';'I .t�n• �o�p�a�t to t�s�:rofe�a��c�aee t� �r�e�e �a�t � •� :��� '. .. i
®' o e tativoees,: '� view roe
and. t JO .undaerstdo
,a3=10 i v a a�o Of S Vch �oa katon� IdIl t
nth ,tho .pl enle . oeervidc 111 to b i d. , ; ;
uhti "0bXia• ace Ptailves of. they P , r t d+e�eef► I, :��.
t 1: OUt ''+ee ch P"116 aca*ptance
erldemeCed.:that i 'ahQI,: letat if tea V�,wt
fi :. th� f'ee<"��.f4.�s fractorr. or d�.tj eeea�► ; eeesaaaatee�a� "r�
r t
i ft.Fy-r .i'lf 'm►►i►t iuea v ch, c% a t6h laniia�ra .could.-'not reexasoeab�,y< :.foer®aiaes
� ' •apy. dyrJ111 . ox' other, 'plan .def t .and theft km'.' hali;
not �a re3s ibla for, a result c�t�ad by any Ouch greae�aeeee�n
,l a ere�ditiou�o •;
Approved as an Addendum to and a part of the oxis ual Agreement
bet"dn th® City of ,jeffersons Hiss .p and Skidmore, Owings &
• ,t , , 1 '/fix;
SKI y =
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la
t 4.
By.
i `
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1 •:
r
AGREEMENT
This Agreement made this ��� day of
1973, by and between the City of Jefferson, Missouri, hereinafter
sometimes called "City", and Skidmore, Owings & Merrill of Chicago,
Illinois, hereinafter sometimes called "SOM";
WITNESSETH:
WHEREAS, the City acting through its City Council, herein-
after sometimes called "City Council", has heretofore constituted
its Commission on Environmental Quality (hereinafter sometimes
called "Commission") by its Ordinance No. 8413, and has charged
such Commission with formulating a beautification plan for
Jefferson City; and
WHEREAS, the Commission has formulated and adopted its
"Work Program for Planning Consultants for the Official City
Beautification Plan for Jefferson City, Missouri", under date of
August 11, 1972, hereinafter called "Work Program", and the guide-
lines set forth therein have been considered by the parties; and
WHEREAS, personnel of SOM have met with members of the
Commission and have become familiar with the requirements of the
Commission and the City in the formulation of the Official City
Beautification Plan for Jefferson City; and
WHEREAS , specialized expertise is required in the develop-
ment of such plans; and
WHEREAS, the parties desire to enter into a contract pro-
viding for SOM to render planning services in this respect to
the City.
NOW, THEREFORE, in consideration of the mutual benefits,
it is agreed as follows:
1. SOM agrees to perform planning and other related
mom
services for the City which will include the development of a
comprehensive program in the form of a City Beautification Plan
for improvement of the visual environment of Jefferson City. SOM
acknowledges having studied the "Work Program" . The parties agree
that the "Work Program" shall be considered as the specifications
in formulating such City Beautification Plan; however, the pro-
visions of this Agreement shall govern in the event of any conflict
between the "Work Program" and this Agreement. The plan to be
developed will define the principles and policies relating to
the design of the following basic elements and related matters:
The appearance of public structures and their sites; a system for
beautification of public open spaces, streets, and special sites
such as the riverfront; the preservation of historic areas and
architecturally significant buildings; and, the appearance of
private development. The project will also include the development
of action programs including cost studies, studies of methods,
sources and feasibility of funding, and the identification of
required legislative changes for implementation of the plan.
2, Planning Services
A. SOM will provide services which are divided into
three major phases, each of which shall provide
a clear presentation of progressively defined
information and plans leading to completion of
the City Beautification Plan. Between each phase
a formal presentation will be made to the Commis-
sion for review. Such work must be approved in
writing by the Commission before SOM proceeds to
the next phase of the work, and should either the
Commission or City Council of the City desire
specific reasonable changes in any such phase
before such phase has been approved, which changes
-2-
are within the scope of this Agreement and which
are not incompatible with previously approved
plans, SOM will make such planning changes as a
part of this Agreement.
(1) Phase One - Inventory and Analysis
Development of a systematic inventory of information
obtained from on-site surveys and review of existing
plans, reports and other available relevant data
including but not limited to those enumerated in
the "Work Program". Also included in this phase:
(a) Review of the project with selected
local agencies, as directed by the
Commission or the City Council.
(b) Recording of the on-site survey in-
formation by means of photographs,
drawings, and/or skethces, to include
natural resources and architectural
and historical features.
(c) Evaluation of this information and
confirmation of basic assumptions
regarding future growth or change
in the City area.
(d) Presentation of preliminary findings to
the Commission for its review and ap-
proval as well as presentation to the
City Council if requested.
(2) Phase Two - Design Proposals
Development of design proposals or programs for
those areas which can be treated as typical in
the City and for those special study areas which
offer unique design opportunities. Included in
this phase will be:
(a) Prototype Studies
(i) Identification of typical areas
which are found throughout the
City.
(ii) Development of a vocabulary of
plant materials, lighting, signing,
textures, street furniture and
other items of aesthetic consid-
eration.
-3-
(iii) Development of principles and
policies for application of the
vocabulary through both public
and private participation.
(iv) Selection of one or more examples
of the identified typical areas
to demonstrate the recommended.
quality and design character to
be achieved.
(b) Special Studies
(i) Identification of those areas or
situations where unique visual
problems exist and/or opportunities
for capitalizing on natural or man-
made assets present themselves.
Included in these study areas will
be a portion or all of the Central
Business District (including con-
sideration of a downtown mall) , the
riverfront, Route 50 West as identified
in existing City plans and recommenda-
tions .
(ii) Recommendation of basic design
approaches and treatment of these
selected study areas.
(iii) Recommendation of appropriate
materials, landscaping, tree plant-
ing, signing, street furniture and
other aesthetic improvements for
these areas.
(c) Presentation of design proposals and preli-
minary principles and policies in written,
graphic and oral form to the Commission and,
if requested, to the City Council.
(3) Phase Three - Plan Development
Final development of the integrated City
Beautification Plan, including the physical
design elements, action programs for its
implementation, and methods for evaluating,
updating and modifying the plan. Included in
this phase will be:
(a) Development of the physical design
elements of the plan including:
M Classification of streets by use
and design potential and recommenda-
tions of appropriate design treatment
-4-
for trees , tree planting, lighting,
Alk signing, street furniture and other
aesthetic improvements .
(ii) Identification of major entrances to
the City, scenic vistas, points of
orientation and special experience,
for both visitors and residents, for
retention and/or enhancement.
(iii) Recommendations for improvement of
public buildings and development of
a system of public open spaces
throughout the City.
(iv) Development of reasonable guidelines
for control of existing and proposed
private development, including
standards for signs and billboards,
overhead wires, junkyards, and other
recognized visual problems.
(v) Recommendations for appropriate re-
habilitation of historic sites, areas
or buildings for preservation and/or
other improvements .
(vi) Recommendations for development of
other design proposals.
(b) Coordination and cooperation with representatives
of Lincoln University and appropriate State
government officials responsible for planning
of those areas under their jurisdiction. In-
cluded will be the coordination of the City's
plans with the State Capitol Building comples.
(c) Development of action programs for implementa-
tion of plan recommendations .
(i) Development of estimated costs in-
cluding direct and indirect costs and
those required from public funds and
private funds of the recommended plan
or plans. Identification of changes
necessary to existing ordinances or
established procedures, and recommenda-
tions to appropriate agencies . No
actual legislation will be drafted or
introduced before City or State legisla-
tive bodies . SOM will utilize reasonable
care in making recommendations which it
believes to be lawful and feasible; how-
ever, SOM does not insure either the
lawfulness or the feasibility of its
proposals, and SOM shall not be under
any duty to consult with or to secure
the opinion of legal counsel as to the
lawfulness of its proposals .
-5-
• 1
(ii) Identification of potential sources
and methods of public and/or private
financing, suggestions relative to
securing such financing, and assistance
in identification of those agencies
responsible for implementation of the
plan.
(iii) Preparation, in cooperation with local
agencies, of a staged program and
schedule for implementation and main-
tenance of the plan based upon an
assignment of priorities of the recom-
mended projects contained within the
plan and upon the availability of
necessary funding.
(d) Preparation and submittal of 100 printed copies
of the City Beautification Plan report contain-
ing the recommendations of the study. Submittal
Aft of a draft of the report for review and approval
of the Commission, and if requested, by the City
Council, prior to final printing.
(e) Assistance to the Commission and the City in
achieving public acceptance of the Plan by
means of oral presentations of the components
of the Plan to selected community representa-
tives or civic groups at meetings and/or on
radio or television.
B. Additional services may be provided by SOM when such
extra work and the terms thereof have been agreed
upon by SOM and the City Council in writing. Such
additional services may include:
M Services in connection with promotion,
publicity and public relations for the
project not herein otherwise provided.
(ii) Preparation for and/or appearance on
the City's behalf in connection with
any litigation or any zoning, building
code or other dispute respecting the
selected projects.
(iii) Such other services as may be specifi-
cally authorized by formal action of the
City Council.
C. In the performance of its services, SOM will use its
best efforts in applying professional skills.
3. Compensation
A. SOM shall be compensated for its services and
expenses incurred up to a maximum aggregate amount
-6-
of Twenty-three Thousand Dollars ($23,000 .00) . In
no event shall the total of compensation and reim-
bursement due SOM exceed that amount unless extra
work has been formally agreed upon pursuant to
Subsection 2 (B) and authorized by formal action of
the City Council.
B. Payments shall be made to SOM upon its submission
to the City of monthly statements prepared in
accordance with Sections 4 and 5 of this Agreement;
provided, however, that until the work of SOM under
this Agreement has been completed, the City may
ten (10%)
withhold twenty (2&%) per cent of each billing for
r r
services pursuant to Section 4 (no amount shall, how-
ever, be withheld from reimbursable expenses billed
pursuant to Section 5) , and provided further that
City shall not be obligated, in any event, to pay
to SOM more than ninety (90%) per cent of the Twenty-
three Thousand Dollar ($23,000.00) amount until
such time as SOM shall have completed its work
AM under this Agreement.
4. Billings for Services
A. For its services outlined in Section 2, SOM will
receive its usual and customary hourly rates for
the time spent on the project by its technical
personnel, including overtime premiums in connection
with overtime work requested by City and travel
time during normal working hours, plus a markup of
175%; provided, however, that no compensation will
be allowed for the extra work specified in Subsection
2(B) unless that extra work is specifically agreed
to in writing in advance of the work by the parties
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hereto including formal action of the City Council
authorizing such services. The provisions of this
subsection shall not, however, be construed as
authorizing the payment of compensation which will
cause the aggregate of compensation for services
and reimbursable expenses to exceed the maximum
allowable amount specified in Subsection 3.A.
B. Technical personnel shall include partners of SOM,
when involved in a technical capacity, and all other
personnel assigned to the project by SOM or retained
by SOM for the project, including specification and
report typists and electronic computer operators,
but exclusive of general office employees such as
accountants, bookkeepers, secretaries, stenographers,
plan clerks, switchboard operators and office boys.
5. Billings for Reimbursement of Expenses
SOM is to be reimbursed for its actual and reasonable
expenses in connection with the performance of its
services, for travel, subsistence outside the Chicago
metropolitan area, reproduction of drawings, specific-
ations, reports and other documents, the use of its
computer at its usual and customary hourly rate, the
cost to SOM for the use of outside computers, long-
distance telephone calls and telegrams, shipping and
postage charges, presentation equipment and material,
any sales, use, occupation or similar taxes applicable
to this Agreement or the performance of services here-
under, purchase of area maps, code books and similar
documents, and, as authorized by the Commission or
City Council, renderings and models prepared within
or outside of its office, mock-ups and photographs and
services of consultants. The provisions of this sec-
tion shall not, however, be construed as authorizing
the payment of reimbursable expenses which will cause
the aggregate of reimbursable expenses . and compensation
for services to exceed the maximum allowable amount
specified in Subsection 3.A.
6. Cite furnished Information
City shall furnish to SOM information regarding its
requirements for the project and such as SOM's services
hereunder may reasonably require. The Commission may
designate such person or persons to whom such requests
for information are to be made, as well as such person
or persons to aid SOM in making local contacts.
7. Termination
This Agreement may be terminated at any time by mutual
agreement of the parties, or may be terminated at any
time by either party because of a material breach of
the Agreement by the other party. In the event of a
termination by mutual agreement (other than because of
a material breach of the Agreement by SOM) SOM shall
receive and accept as full payment for its services
performed prior to the time of such termination, the
amounts due it under Sections 3, 4 and 5 hereof.
8. Ownership of Documents
Although all original drawings and information
contained in the final report prepared by SOM
shall remain SOM's property, they may be used
® in connection with the implementation of any or
all components of the plan. SOM will, upon
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City's request, supply City at City's expense with
negatives for making reproductions of the drawings
specified in such request. SOM shall provide the
City upon request with at least one reproducable
copy of every drawing. SOM shall not be responsible
for the use or workability of any such drawing in
connection with any project other than the project
for which they were specifically prepared.
9. Personnel
The personnel of SOM who are assigned to perform
the principal P rofessional services under this
Agreement are agreed by the parties to be George
Dickey and Roger Seitz. Any change of such princi-
pal personnel assigned to this work must be approved
by both SOM and the Commission. If any such
principal personnel leave the employ of SOM, SOM
will assign other competent personnel in their
stead and shall consult with the Commission concern-
ing such assignment.
10.. Time of Performance
The parties agree that careful study is necessary
to assure the proper performance of the project
under this Agreement. The parties agree that the
project will commence immediately following execution
of this Agreement and that the project work will be
completed by twenty-four (24) months from the date
of this Agreement.
11. Assignment
® This Agreement shall not be assignable by either
party without the prior written consent of the other.
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A change in the membership of one or more partners
RP of SOM shall not constitute an assignment.
CITY OF JEFFERSON
By
Mayor
ATTEST:
City Clerk
See Addendum attached hereto.
SKIDMORE, OWINGS Aj4ERRILL
B y
ner
Addendum to Agreement
Between City of Jefferson, Missouri, and
Skidmore, Owings & Merrill
1. With respect to the references to "sources and feasibility
of funding, and the identification of required legislative changes"
in Section 1 of the Agreement and to "development of estimated costs"
and "identification of changes necessary to existing; ordinances or
established procedures" in Section 2(3) (c) (i) , it is understood
that as planners and within the scope of services for a contract of
this size, SOM cannot (i) guarantee any cost estimate or ensure that
he actual cost of any project or component thereof will not vary from
such estimate, (ii) make any definitive determination as to the
availability of any funding source or as to the feasibility or eligi-
bility of any project or component thereof to receive funding from such
source, or (iii) make a comprehensive or exhaustive review of ordinances ,
statutes or legal procedures or obtain or render any legal advice .
2. With respect to the references to presentations by SOM to
community representatives , civic groups and media, it is understood
and agreed that the number and scope of such presentations will be
consistent with the planning services to be performed. SOM will make
efforts to obtain public acceptance of the final plan, but SOM does
not guarantee such public acceptance.
3. It is understood that in the implementation of the plan or
any component thereof specific factors or conditions may be encountered
of a nature which competent planners could not reasonably foresee
in preparing any drawing or other plan document, and that SOM shall
not be responsible for a result caused by any such unforeseen factor
or condition.
Approved as an Addendum to and a part of the original Agreement
between. the City of Jefferson, Missouri, and Skidmore, Owings &
Merrill.
CITY OF JEFFERSON, MISSOURI
By
SKIDMORE, OWINGS & MERRILL
ay
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Section 3. This ordinance shall take effect and be in
force from and after its passage and approval.
Passed• Approved
gee,Z/vx�
r ent of the Counci Mayor
Attest :
40 City Clerk
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