HomeMy Public PortalAboutORD08756 �1IV/7 a-
BILL NO. y�
INTRODUCED BY COUNCILMAN
ORDINANCE NO. 8 7a e,
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,
AUTHORIZING THE MAYOR AND CLERK OF THE CITY TO
EXECUTE A CONTRACT WITH
SKIDMORE, OWINGS & MERRILL OF CHICAGO, ILLINOIS,
RELATING TO CITY BEAUTIFICATION
WHEREAS, there exists an Environmental Quality Commission, ,the members
of which were appointed by the Mayor with the Council's approval, and
WHEREAS, as an adjunct to its capacity as a Council Advisory body said
Commission has been designated as the implementor of the City Beautification
Plan using Community Development Funds, and
WHEREAS, said Commission, having selected a pilot project, now wishes
to contract with a third party for the preparation of design and working drawings
therefor, and
WHEREAS , said Commission has heard proposals by several qualified con-
sulting firms and now wishes to contract with Skidmore, Owings & Merrill of
Chicago, Illinois for said services, and
WHEREAS, said Commission cannot, within its prescribed powers, contract
with a third party,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF JEFFERSON, MISSOURI, AS FOLLOWS:
SECTION 1. The Mayor and Clerk of the City are hereby authorized and
directed, for and in the name of the City, to execute a written contract with
Skidmore, Owings & Merrill of Chicago, Illinois, for the preparation of design
and working drawings for a pilot city beautification project in accordance with
their proposal dated July 3, 1975, for the sum of Four Thousand, Two Hundred
Dollars ($4,200.00) to be paid from Community Development Funds.
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SECTION 2, A copy of said contract is attached hereto and incor-
porated herein as though fully set forth herein.
SECTION 3. This ordinance shall take effect and be in force from
and after its passage and approval.
Passed: j Approved:
�k_40e,
a
r s ent of_C& oi•
ATTEST:
City Cle
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AGREEMENT
This Agreement made this day of ►
1975, by and between the City of Jefferson, Miss ri, herein-
after 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 Countil, " has heretofore constituted
its Commission on Environmental Quality (Sometimes hereinafter
called "Commission") by its Ordinance No. 8413, and has charged
such Commission with formulating beautification plans for Jeffer-
son City; and
WHEREAS, thereafter the Commission formulated and adopted
its "Work Program" dated August 11, 1972, and thereafter the
City and SOM entered into an agreement dated ,
1973, for the development of said "Work Program, " and aforesaid
agreement sometimes hereinafter being referred to as the "Base
Agreement; " and
WHEREAS, SOM has formulated design drawings for a "Pilot
Project" for beautification for Jefferson City, and the parties
desire to provide for the development of specific plans for the
implementation of said Pilot Project; and
WHEREAS, the City of Jefferson has made available $60,000.00
in entitlement Community Development Funds to be utilized for
the implementation of said Pilot Project for Beautification;
and
WHEREAS, the parties desire to enter into a contract pro-
viding for SOM to render services with respect to the Pilot
Project;
NOW, THEREFORE, in consideration of the mutual benefits ,
it is agreed as follows:
I. The term "Pilot Project" as used in this Agreement
shall encompass the project for beautification of two areas in
Jefferson City, as more generally described in a four-page docu-
ment entitled "Community Development Environmental Assessment
-- Beautification Project" attached hereto, marked Exhibit A,
and incorporated herein by reference.
2. SOM agrees to perform and formulate all further neces-
ssary design working drawings, further planning, and periodic
® inspection of the implementation of the Pilot Project as set
forth in its letter proposal of July 3, 1975, a copy of which
is attached hereto, marked Exhibit B, and incorporated herein
by reference. More specifically SOM agrees that its professional
services under this Agreement shall consist of the preparation
of all necessary further studies, all necessary drawings,
specifications, and detail drawings for the Pilot Project;
assistance in the drafting of forms of proposals and contracts;
the issuance of certificates of payment; the general administra-
tion of the contracts for the implementation of the Pilot
® Project, and periodic inspection of the work; and such other
services as are hereinafter specifically provided; provided,
however, that the City shall be responsible for the performance
of those services set forth in the second paragraph of the
letter of July 3, 1975, attached as Exhibit B.
3. As soon as is reasonably practicable following the
execution of this Agreement, SOM agrees that it will prepare
the design and working drawings, the specifications, and the
final plans and contract documents for the Pilot Project.
SOM will then furnish a copy or copies of said plans, drawings,
specifications and documents to the Commission for its review
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and prior to proceeding further with the Pilot Project, will
obtain the written approval of the Commission. SOM agrees to
make without additional compensation any reasonable changes in
the plans which are suggested by the Commission prior to the
commencement of the preparation of the final plans, drawings,
specifications and contract documents for the Pilot Project.
The finial plans shall not conflict with existing Urban Renewal
Plans, or the City Comprehensive Plan.
4. SOM shall assist the City in obtaining proposals from
contractors and awarding and preparing of the final construction
® contracts or implementation contracts. SOM will prepare change
orders and assemble written guarantees required of the contrac-
tor(s) . SOM will periodically inspect the work to determine if
the work is in accordance with the contract documents, to the
end that the work may be completed at the earliest practicable
date. Based upon such periodic observations, the provisions
of the contract(s) between the City and the contractor(s) , and
the contractor's (s ' ) applications for payment, SOM will determine
the amount owing to the contractor(s) and will issue certificates
for payment in such amounts. The certificates will constitute a
representation to the City, based on such observations and data
comprising the application for payment, that in SOM's opinion
the work has progressed to the point indicated. By issuing a
certificate for payment, SOM will also represent to the City
that, to the best of its knowledge, information and belief,
based on what its observations have revealed, the quality of
work is generally in accordance with the contract documents.
SOM will conduct periodic inspections necessary to determine
the dates of substantial and final completion and issue a
final certificate for payment. In making periodic inspections
SOM will endeavor to use its best efforts to discover defects
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in construction and implementation of the contract documents,
will cause such inspections to be made by persons who are
qualified to discover defects in the particular types of the
construction or implementation work, and may condemn work as
failing to conform to the contract documents. Particularly,
SOM shall conduct a final inspection and advise the City
whether or not the work has been satisfactorily completed.
5. The parties agree and understand that the work to
be performed in connection with the Pilot Project shall in no
event exceed a total cost figure of Sixty Thousand Dollars
($60,000.00) including the compensation due SOM under this
contract. SOM agrees that it will make any deletions to the
plans and specifications as are necessary to bring the cost
of the project within the aforesaid amount whether said plans
and specifications have theretofore been approved by the
Commission or not. Such deletions will be made at no addi-
tional cost to the City.
6. SOM shall be compensated for its services and expenses
the amount of Forty-Two Hundred Dollars ($4,200.00) as provided
in Exhibit B, plus costs of printing. No additional costs,
® including additional trips, or compensation shall be payable
to SOM unless such amounts are formally authorized by formal
action of the City Council or unless the Housing Authority by
formal action agrees to make payments for such additional
amount to SOM. Payments shall be made to SOM upon its submission
to the City of monthly statements prepared in accordance with
paragraph 5 of the Base Agreement; provided, however, that
until the work of SOM under this Agreement has been completed,
the City may withhold ten percent (10%) of each billing for
services pursuant to Section 4 of said Base Agreement (no
amount shall, however, be withheld from reimbursable expenses
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billed pursuant to Section 5 of the Base Agreement) , and
provided further that City shall not be obligated, in any
event, to pay to SOM more than ninety percent (90%) of the
Forty-two Hundred Dollars ($41200.00) plus printing costs
amount until such time as SOM shall have completed the work
under this Agreement.
7. The parties agree that paragraphs 5, 6, 7, 8, 9,
and 11 of the Base Agreement shall be considered as being
parts of this Agreement as if fully set forth herein.
8. This agreement is subject to and incorporates the
® provisions attached hereto and entitled "Part II -- Terms and
Conditions, Form H-621B. " For the purposes of this section,
the Commission on Environmental Quality is referred to as the
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Local. Public Agency or, L.P.A.
CITY OF JEF
ATTEST: By
City C erk
SKIDMORE, OWINGS & MERRILL
By
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Partner .
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C0.M2• LAITY DEVELOPMENT
ENVIRUNMEtTrAL ASSESSMENT
BEAUTIFIC•kTION PROJECT
A city-wide beautification plan is being prepared by the firm
of Skidmore, Owens & Merrill. This completed report will include
but is not limited to identifying areas within Jefferson City that
can be visually improved - elevated from the ordinary and to suggest
actions that might be undertaken in order to further the goals of
creating an atmosphere in keeping with this City's prominence.
The scope of work to be undertaken in the first action year
of the City's Community Development Program will be limited to a
ip lot project. Two areas will be dealt with. One, a commercial
area in th- downtown section identified as a pass-through park
connecting High Street to the parking area north of the commercial
frontage in the block between Madison and Monroe Streets. The parking
lot itself is relatively new and considered as one of the better lots
in the downtown area. Existing conditions - the pass-through has
received a minimum amount of treatment through the efforts of the Land
Clearance Authority. The pariting lot proper has had no treatment and
kill require considerable landscaping and beautification to change it
from its present cold, uninviting appearance to an area of which the
City can point with. pride. The goal to upgrade this area through a
beautification process will be done in accordance with the recommenda-
tion of the atudy. The work or improvernents consist of coordinating
existing space plarettng with additional flowering shzubc which will
add color to the area; high barn walls can either side of the pass-
through will be treated with clinging vines. The caved surfaces
will receive special. attention with a covering of textured surfacing
material. It is generally accepted that parking lots are usually
the most neglected of any element in a beautification plan. The goal
of this demonstration project will contribute greatly to t1.e visual
effect made possible by planned treatment. TI-e let selected for this
project is a metered lot with a dividing concrete strip also used as
a walk. This project will recognize the shade producing benefits.
Planted strips will define the lot space and separate it from the street
space, curbing around inlot planting will add to the overall quality of,
the lot area. Care will. be taken to provide abundant greenery without
reducing the arcable parkiab area. Many benefits will be derived from
this effort. Other than bringing beauty to an otherwise bleak environ-
menc, beautification can fill functional dbjcctives such as deflect noise,
control glare and direct pedestrian uraffic flow. In hoc weather climatic
.conditions can be eased'by .creatirg eooler.pockets of air under the trees.
Through the creation of a more inviting &tmosphere we can anticipate
maximum parkin,, by shoppers in the downtown, area and a direct economic
benefit to this connnercial area, although the+ primary concern is for tLe
well being of citizens.
EXHIBIT A
The second wren to be itndertakrn in this demonstration program is
a two-block r_k!Aidenr.ial area which pxtend.i north on Lafayette Street
from the Rex Whitton Expre:.:,wny to Hipp Street. This area selected
because of i_ts stable �ositi,on in the c:qLnun_ itx. Modest residential
dwellings, showing tine appearance of normil upkeep and owned by lowFr
middle-income families. The appearance of the area has been marred by
the fact that the spirce plantings are old. Ice storms have taken their
toll. The species of treea were not of a hybred variety and desease
has reduced them to bare limbs or in some cases, dead trees. The up-
grading, of this area can produce some adverne impacts if certain standards
i and regulations are not enforced. Plantings could serve to screen out
traffic noise from the expressway.
In evaluating the project exposure to aircraft noise we have
constructed an approximate N.E.F. contours for the Jefferson City
Airport which is 6,000 feet frora the project and determined from
Table I and II, section on Aircraft in the H.U.U. noise assessment
guidelines, that the project is our.side the N.E.F. 30 contour and
therefore Is clearly acceptable with respect to aircraft noise. There
are no immediate plans for extensions or new runways.
i The following, we believe, are items w1ilch can not be ignored and
will be, taken under consideration in it:rple,nenting their project.
Planting patterns on Public Parking Lots will be formulated in
considert.tion of mini►niziag problems created because of dense foilage.
Type of plantings must be adapsble to conditions of the air that
I.xists, i.e. trees and shrubs in' Commercial areas not to he affected
by traffic exhaust.
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PILOT L FKAUTMCA ION PROJECT
VIVIRON140"N.1. ASPECTS;
1. Plantingu:
Connider underground sanitary and storm drainage lines.
(Roots of mature tr•aes could clog.)
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! Planting must be done where there is sufficient soil. If
too rocky, result could be dead trees in future years.
Overhead wires could force drastic prunning and mar the appear-
ance of adult trees, danger of hreaKing power lines.
Trees and :,nrubs should he carefully located as to not block
vier C-f traffic, homeow:;nr or hide an otherwise sonic view.
Unless properly marked and blocked, holes dug prior to delivery
of plants could be hazard (temporary) .
Stakes or guying (wise supports) for young trees - pedestrian hazard.
Plant i.ngs too close to walks or drive--tvs.
Leaves or fruit £ron certain trees and shrubs a potential nuisance
including obstruction of stoma drains and a hazard on wet walkways.
Too many trees of one species could result. in removal of all, if
decease hits.
1 Debris and excess soil from plunrins; pit not promptly removed from
site.
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Removal of existing trees which do not conform.-
Ttees with softwood not to be -ised, danger of limb breakage.
Accesszhility. for tricaain. nna Rrunnins; - rule out planting near
high density traffic.
Must designate a specific agency to ma:nrain. Require some knowleage
of horticulture.
Contract:ar to carry full insurnncc during term of contract to protect
city.
® Leaves clog drainage inlets creatin; poor drainage and minor flooding.
Water and gas lines too close to plantings.
Cortracr.or thorrn�hly investigated for reliability.
Plantinos to be compatible with surrounding physical appearance
(large buildings - large trees,
"`Establish controls - Beantif'cation to insure privacy, exposure to
light, density of foilave.
During construction per:ad contrartor. • ill be required to prevent
waahing of grnund onto paved ae.-a.
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No planting will be permitted that will interfem with motorist
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vision anti incpuir traffic safety.
The beautification plan in our opinion recognizes all these potential
long and short term adverse effects and includes corrective or pre-
ventative measures which all including contractors will be encouraged
to follow.
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Alternates:
i Other arras in vhich to demonstrate the beautification program
have been consiucced. Since the proposed areas for treatment would
receive the most coverage by the citizoa the objectives of the demon-
stration would be best served. It would not be practical to consider
a "No Project" alternative sinre file b::nefits clearly outweigh the
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adverse onvironmental impacts.
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Skidmore,Owings & Merrill ARCI4ItCCtS/CNGINCCR1 )O wCN MONROC SiRtV
CNICAOO,ILLINOIS 60603
July 3, 1975
Dr. Thomas R. Brant
Southwest Professional Complex
1007 Southwest Boulevard
Jefferson City, Missouri 65101
Dear Dr. Brant;
We feel very strongly that our firm can carry out the design working
drawings and supervision phase of the Pilot Project and we are very
interested in continuing our association,with Jefferson City.
The following cost breakdown is based on the following assumptions:
1) That a survey of the area to be designed would be provided by the
City. 2) That the City would let the bids and use their offices for bid
submission. 3) That the City Engineering Office could provide the
engineering control over material quality, such as concrete test
samples coordination with utility companies where necessary.
Jefferson City Fee Proposal Pilot Project
Design/Working Drawings $2, 500. 00
Meetings at Jefferson City $1, 700. 00
$4, 200. 00
�* These meetings would be:
1. With• the bid document and specifications
2. Plant material selection with nursery contractor
3. Installation supervision of plant material
4. Final inspection
Additional trips as requested by City would be reimbursable. All print
® costs, printing, would be reimbursable.
Additional trips requested C $500. 00 per day.
Sincerely,
Ge o ck e
EXHIBIT B
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Housing and Rome Finance fiZency ii-621B
URBAN FXMWAL AL::INISTRATION (8-63)
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C0:'TRACT FOR PROFESSIONAL OR MMICAL SERVICES
PART II--TER1.3 ADD CONDITIONS
1. Termination 'of Contract for Cause. If, through any cause, the Contractor
shall fail to fulfill in timely and proper manner his obligations under this
Contract, or if the Contractor shall violate any of the covenants, agreements,
or stipulations of this Contract, the Local Public Agency shall thereupon have
the right to terminate this Contract by giving 1xitten notice to the Contractor
of such termination and specifying the effective date thereof, at least five
days before the effective date of such termination. In such event, all finished
or unfinished documents, data, studies, and reports prepared by the Contractor
under this Contract shall, at the option of the Local Public Agency, become its
property and the Contractor shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents.
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Notwithstanding -the above, the Contractor shall not be relieved of liability
to the Local Public Agency for damages sustained by the Local Public Agency by
® virtue of any breach of the Contract by the Contractor, and the Local Public
Agency may withhold any payments to the Contractor for the purpose of setoff
until such time as the exact amount of damages due the Local Public Agency
from the Contractor is determined.
2. Termination for Convenience of Local Public Agency. The Local Public
i Agency may terminate this Contract any timc by a notice in writing from the
Local Public Agency to the Contractor. If the Contract is terminated by the
' Local Public Agency as provided herein, the Contractor will be paid an amount
R which bears the sane ratio to the total compensation as the services actually
performed bear to the total services of the Contractor covered by this Contract,
less payments of compensation previously made: Provided, however, that if less
than sixty per cent of the services covered by this Contract have been performed
upon the effective date of such termination, the Contractor shall be reimbursed
(in addition to the above payment) for that portion of the actual out-of-pocket
expenses (not otherwise reimbursed under this Contract) incurred by the
Contractor during the Contract period which are directly attributable to the
uncompleted portion of the services covered by this Contract. If this Contract
is terminated due to the fault of the Contractor, Section 1 hereof relative to
termination shall apply. J
3. Changes. The Local Public Agency may, from time to time, request
changes in the scope of the services of the Contractor to be performed hereunder.
Such changes, including any increase or decrease in the amount of the Contractor's
compensation, which are mutually agreed upon by and between the Local Pvblic
Agency and the Contractor, shall be incorporated in written amendments to this
Contract.
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4. Personnel. a. The Contractor represents that he has, or will secure
at his own expense, all personnel required in perforrainG the services under
this Contract. Such personnel shall not be employees of or have any contractual
relationship with the Local Public Agency.
b. All the services required hereunder will be performed by the Contractor
�r under his supervision and all personnel engaged in the work shall be fully
qualified and shall be authorized or permitted under State and local law to
perform such services.
c. No person who is serving sentence in a'penal or correctional institution
shall be employed on work under this Contract.
5. Anti-Kickback Rules. Salaries of architects, draftsmen, technical
engineers, and technicians performing work under this Contract shall be paid
unconditionally and not less often than once a month without deduction or rebate
on any account except only such payroll deductions as are mandatory by law or
permitted by the applicable regulations issued by the Secretary of Labor pursuant
to the "Anti-Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 74o; 63 Stat.
108; title 18 U.S.C., section 874; and title 4o U.S.C. , section 276c). The
Contractor shall comply with all applicable "Anti-Kickback" regulations and shall
insert appropriate provisions in all subcontracts covering work under this Contract
to insure compliance by subcontractors with such regulations, and shall be
responsible for the submission of affidavits required of subcontractors there-
under except as the Secretary of Labor may specifically provide for variations
of or exemptions from the requirements thereof.
6. Withholding of Salaries. If, in the performance of this Contract, there
is any underpayment of salaries by the Contractor or by any subcontractor there-
under, the Local Public Agency shall withhold from the Contractor out of payments
due to him an amount sufficient to pay to employees underpaid the difference
between the salaries required hereby to be paid .and the salaries actually paid
such employees for the total number of hours worked. The amounts withheld shall
be disburzed by the Local Public Agency for and on r.ccount of the Contractor or
subcontractor to the respective employees to whom they are due.
7. Claims and Disputes Pertaining to Salary Rates. Claims and disputes
pertaining to salary rates or to classifications of architects, draftsmen,
technical engineers, and technicians performing work under this ';'ontract shall
be promptly reported in writing by the Contractor to the Local Public Agency
for the latter's decision which shall be final with respect thereto.
8. Equal Employment opportunity. During the performance of this Contract,
the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant
for employment because of race, creed, color, or national origin. The
® Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without
regard to their race, creed, color, or national origin. Such action
shall include, but not be limited to, the following: employment,
-upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
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selection for training, includin, apprenticeship. The Contractor agrees
to post in conspicuous places, available to e:aployees and cpplict:nts for
employment, notices to be provided by the Local Public Agency setting
forth the provisions of this nondiceri.mination clause.
® b. The Contractor will, in all solicitations or advertisements for e;.ployees
- placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard
to race, creed, color, or national origin.
c. The Contractor will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Contract so that such provisions
will be binding upon each subcontractor, provided that the foregoing
provisions shall not apply to contracts or subcontracts for standard
commercial supplies or raw materials.
9. Discrimination Because of Certain Labor- ,Matters. No person employed on
the work covered by this Contract shall be discharged or in any way discriminated
against because he has filed any complaint or instituted or caused to be instituted
any proceeding or has testified or is about to testify in any proceeding under or
relating to the labor standards applicable hereunder to his employer.
10. Compliance With Local Laws. The Contractor shall comply with all
applicable laws, ordinances, and-codes of the State and local gover=ents, and
shall commit no trespass on any public or private property in performing any of
the work embraced by this Contract.
11. Subcontracting. None of the services covered by this Contract shall
be subcontracted without the prior written consent of the Local Public Agency.
The Contractor shall be as fully responsible to the Local Public Agency for the
acts and omissions of his subcontractors, and of persons either directly or
indirectly employed by them, as he is for the acts and omissions of persons
directly employed by him. The Contractor shall insert in each subcontract
appropriate provisions requiring compliance with the labor standards provisions
of this Contract.
12. Assignability. The Contractor shall not assign any interest in this
Contract, and shall not transfer any interest in the sage (whether by assignment
or novation) without the• prior vritten approval of the Local Public Agency:
Provided, however, that claims for money due or to become due the Contractor
from the Local Public Agency under this Contract may be assigned to a bank,
trust company, or other financial institution, or to a Trustee in Bankruptcy,
without such approval. Notice of any such assignment or transfer shall be
furnished promptly to the Local Public Agency.
13. Interest of Members of Local Public'Agency. No member of the governing
body of the Local Public Agency, and no other officer, employee, or agent of the
Local Public Agency who exercises any functions or responsibilities in connection
with the carrying out of the Project to which this Contract pertains, shall have
any personal interest, direct or indirect, in this Contract.
14. Interest of Other Local Public Officials. No member of the governing
body of the locality in which the Project Area is situated, and no other public
official of such locality, who exercises any functions or responsibilities in
the review or approval of the carrying out of the Project to which this Contract
pertains, shall have any personal interest, direct or indirect, in this Contract.
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15. Interest of Certain Federal Officals. No member of or Delegate to
the Congress of tae United States, and no Resident Co=issioner, shall be
admitted to any share or part of this Contract or to any benefit to arise herefrom.
16. Interest of Contractor. The Contractor covenants that he presently
as no interest and shall not acquire any interest, direct or indirect, in the
above-described Project Area or any parcels therein or any other interest which
would conflict in any manner or degree with the performance of his services
hereunder. The Contractor further covenants that in the performance of this
Contract no person having any such interest shall be employed.
17. Findings Confidential.. All of the reports, information, data, etc.,
prepared or assembled by the Contractor under this Contract are confidential
and the Contractor agrees that they shall not be Wade ;;,vailable to any
individual or organization without the prior written approval of the Local
Public Agency.
18 . Prevailing Salaries. Not less than the respective salaries
prevailing in the locality as determined pursuant to the attached instru
ment, marked "Exhibit B" and made a part hereof, entitled "Determination
of Prevailing Salaries of Technical Positions" shall be paid to persons
in the respective occupations listed herein employed in the performance
of work under this contract.
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