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HomeMy Public PortalAboutORD08957 I( 1 II 1 BILL NO. i INTRODUCED BY COUNCILMAN ORDINANCE NO. f AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND THE CLERK OF THE CITY OF JEFFERSON TO EXECUTE A CONTRACT WITH ARTHUR R. JABLONSKY AND ASSOCIATES, RELATING TO THE DESIGN AND CONSTRUCTION OF A NEW POLICE STATION FACILITY ON MCCARTY STREET AND MONROE STREET. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1. The Mayor and the Clerk of the City are hereby authorized and directed to execute a contract with Arthur R. Jablonsky and Associates, said contract for the design and construction of new Police Station facilities on McCarty Street at Monroe Street, Jefferson City, Missouri. SECTION 2. Said contract. shall read in words and figures as set forth in Exhibit A attached hereto and made f ! a part hereof as though fully set forth herein. I (SEE ATTACHED) i f t SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed: 917 17 Approved: I I " r ident o h Council r I t 1 ATTEST: i I t i' Cio Clerk I; E k t I� OWNER-ARCHITECT AGREEMENT AGREEMENT MADE THIS i/ DAY OF IN THE YEAR NINETEEN HUNDRED AND BETWEEN CITY OF JEFFERSON, JEFFERSON CITY, MISSOURI, THE OWNER: AND ARTHUR R. JABLONSKY AND ASSOCIATES, 401 WASHINGTON STREET, JEFFERSON CITY, MISSOURI, THE ARCHITECT. IT IS THE INTENTION OF THE OWNER TO CONSTRUCT A POLICE STATION WHICH IS TO BE PHASE ONE OF A CITY HALL COMPLEX LOCATED AT MONROE STREET AND EAST MCCARTY STREET, HEREIN- AFTER REFERRED TO AS THE PROJECT. THE OWNER AND THE ARCHI- TECT AGREE AS SET FORTH BELOW: The Architect shall provide professional services for the Project in accordance with the terms and conditions of this agreement. The Owner shall compensate the Architect in accordance with the terms and conditions of this Agreement as follows: A. FOR BASIC SERVICES 1. Six per cent (6%) of the project construction cost. The project is to be let under a single stipulated sum contract. B. FOR ADDITIONAL SERVICES 1. Principals ' time at the fixed rate of twenty-five ($25. 00) dollars per hour. For the purpose of this Agreement, the Principals are: Arthur R. Jablonsky 1 2. Employees' time (other than Principals) at a multiple of two and one-half (23�) times the employees' Direct Personnel Expense, as defined in Article V. 3. Services of Professional consultants at a multi- ple of one and one-quarter (14) times the amount billed to the Architect for such services. ARCHITECT'S PAYMENT SCHEDULE ` A. BASIC SERVICES Payments on account for the Architect's Basic Services shall be made as follows: Schematic Design Phase-------­•- ------ 10% Design Development Phase----------------------- 25% Construction Documents Phase------------------ 75% Bidding Phase---------------------------------- 80% Construction Administration Phase-------------100% ARCHITECT'S PAYMENT SCHEDULE (cont. ) B. ADDITIONAL SERVICES AND/OR REIMBURSABLE EXPENSES Payments shall be made monthly upon presentation of the Architect' s statement of services rendered. No deductions shall be made from the Architect' s compen- sation on account of penalty, liquidated damages, or other sums withheld from payments to contractors. ARTICLE I ARCHITECT'S SERVICES A. BASIC SERVICES: The Architect' s Basic Services consist of the phases described as follows and include, but are not limited to, normal structural, mechanical and electrical engineering services. ® SCHEMATIC DESIGN PHASE 1. The Architect shall consult with the Owner to ascertain the requirements of the Project and shall confirm the viability of such require- ments to the Owner's Representative. 2. The Architect shall prepare Schematic Design Studies consisting of drawings and other docu- ments illustrating the scale and relationship of Project componets for approval by the Owner's Representative. 3. The Architect shall submit in writing to the Owner' s Representative a Statement of Estimated Construction Cost based on current area, volume or other unit costs. DESIGN DEVELOPMENT PHASE 1. The Architect shall prepare from the approved Schematic Design Studies for approval by the } Owner' s Representative, the Design Development Documents consisting of drawings and other docu- ments to fix and described the size and character of the entire Project as to structural, mechanical and electrical systems, materials and such other essentials as may be appropriate. 2. The Architect shall submit in writing to the Owner's Representative an updated Statement of Estimated Construction Cost. 3. The Architect shall assist the Owner' s Repre- sentative in filing any required documents for the appoval of governmental authorities having jurisdiction over the Project, when applicable. CONSTRUCTION DOCUMENTS PHASE 1. The Architect shall prepare from the approved • Design Development Documents, for approval by the Owner's Representative, Construction Docu- ments setting forth in detail the requirements for the construction of entire Project including information necessary to bid the Project. -2- w CONSTRUCTION DOCUMENTS PHASE (cont. ) 2. The Architect shall submit in writing to the Owner's Representative a Final Statement of Estimated Construction Cost. BIDDING PHASE The Architect, following the Owner' s Repre- sentative's approval of the Construction Docu- ments and the Final Statement of Estimated Con- struction Cost, shall assist the Owner in ob- taining and reviewing bids. CONSTRUCTION ADMINISTRATION PHASE 1. The Construction Administration Phase will commence with the award of the Construction Contract and will terminate with final accep- tance by the Owner' s Representative. 2. The Architect during Construction Administration shall advise and consult with the Owner' s Repre- sentative and shall have authority to act on the behalf of the Owner to the extent provided in the General Conditions unless otherwise modified in writing. 3. The Architect shall at all times have access to the Work. 4. The Architect shall make periodic vists to the site to familiarize himself generally with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents and on the basis of these on- site observations, he shall endeavor to protect the Owner against defects and deficiencies in the Work. The Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall not be responsible for con- struction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, a e shall not be es nsible for the ntrac s ailure to carr out the Work in acco ce with a Con- trac oc ents. Nor shall e e responsib for th acts o missions o e Con actor, any Sub- actors or any r rso perf�o�ning he Work. 5. Based c n at he site and n the Contractor's written request or payment, the Architect shall determine the amount owing to the Contractor and shall certify requests for payment in such amounts, on the basis that the Work has progressed to the point indicated; and that to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. Such certification shall not be deemed to represent that the Archi- tect has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid. 6. The Architect shall, in the first instance, be the interpreter of the requirements of the Contract Document. -3- CONSTRUCTION ADMINISTRATION PHASE (cont. ) 7. The Architect may recommend rejection of Work which does not conform to the Contract Documents. When- ever, the Architect considers it necessary or ad- visable to confirm the requirements of the Contract Documents, he may request approval of the Owner' s Representative for special inspection and/or testing. 8. The Architect shall review and approve shop drawings, samples, and other submissions of the Contractor for conformance with the design concept of the Pro- ject and for compliance with the information given in the Contract Documents. 9. The Architect shall prepare Change Order Requests. 10. All substitutions must be submitted to the Director of Planning prior to approval. B. ADDITIONAL SERVICES Additional Services are normally required by Work which is beyond the Architect's Basic Services. ® However, depending on the Project and the speci- fic proposals submitted by the Architect some of the following examples of Additional Services may actually be included in Basic Services. Additional Services including, but not limited to, the following examples shall be provided only when authorized in writing by the Owner' s Representative: 1. If more extensive on-site observation than is des- cribed herein is required, the Architect shall pro- vide one or more Full-Time Project Representatives. Such Full-Time Project Representatives shall be selected, employed and directed by the Architect. (This service may be included in reimbursable ex- penses) . 2. Providing special analyses of, and programming for, the Owner' s needs. 3. Providing financial feasibility or other special duties. 4. Providing planning surveys, site evaluations, envir- onmental or comparative studies of prospective sites. 5. Providing design services relative to future faci- lities, systems and equipment which are not intended to be constructed as part of the Project. 6. Providing services to investigate existing condi- tions of facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the Owner's Repre- sentative. 7. Providing detailed quantity surveys, inventories, or estimates of material, equipment and labor. 8. Providing interior design, graphics design, and other services required for or in connection with the selection of furniture, furnishings, and equip- ment. 9. Providing revisions of Drawings, Specifications or other documents when such revisions are required by changes to previously approved design criteria. -4- 4, ADDITIONAL SERVICES (cont. ) 10. Providing consultation concerning replacement of any Work damaged by fire or other causes during construction. 11. Providing professional services made necessary by the default of the Contractor or by major defects in the Work of the Contractor in the performance of the Construction Contract. 12. Providing services or professional consultants for other than the normal structural, mechanical, and electrical services for the Project. 13. Preparing a set of reproducible record prints of drawings showing significant changes in the Work made during the construction process, based on marked-up prints, drawings, and other data fur- nished by the Contractor to the Architect. 14. Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceedings or legal proceeding. ARTICLE II ARCHITECT'S RESPONSIBILITIES A. The Architect agrees to accept the Owner's program and budget and further agrees to accomplish said Project within the intent of the program and established budget. In the event the Architect determines that the Project can not be accomplished within the established budget he shall notify, in writing, the Owner's Representative, so that the Project scope can be reviewed and modified if necessary. B. The Architect agrees to full inspection of the job site prior to his work commencing and shall acknowledge all information supplied to him by the Owner or Owner's Representative. C. The Architect agrees to provide all drawings and repro- '" ductions prior to completing the Contract Documents and further agrees to provide the Owner with five (5) sets of approved and completed Contract Documents at no cost to the Owner. D. The Architect shall provide upon demand evidence of an appropriate professional liability insurance policy. E. The Architect shall provide on-site observations of con- struction work as necessary to assure the Owner that the Work is in accordance with the Contract Documents. The frequency of observations as stated elsewhere in this Contract is assumed by -the Owner to be adequate to pro- tect his interests, however, after construction has started, should the Director of Planning and Code Enforce- ment determine that the frequency of observations is inadequate to properly control the project, he may order the Architect to increase the number of observations at no additional cost to the Owner. All observations shall be scheduled so as not to delay the Contractor. -5- ARTICLE III OWNER'S RESPONSIBILITIES A. The Owner shall provide full information regarding his requirements for the Project. B. The Owner shall furnish a certified land survey of the site giving, as app— cable, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; loca- tions, dimensions and all available data pertaining to existing buildings, other improvements, trees; and service and utility lines, both public and private, above and below grade, including inverts and depths. C. The Owner shall furnish the services of a soils engineer or other consultant when such services are deemed necessary. Such services may include but not be limited to, test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and. resistivity tests, with appropriate professional analysis ® thereof. D. If the Owner observes or otherwise becomes aware of any fault or defect in the Project or non-conformance with the Contract Documents, he shall give prompt written notice thereof to the Architect. E. The Owner shall furnish information required of him as expeditiously as necessary for the orderly progress of the Work. F. All of the above items relating to Owner's Responsi- bilities shall in no way abrogate the Architect' s responsibilities. I ARTICLE IV CONSTRUCTION COST A. Construction cost to be used as a basis for determining the Architect's fee for all work designed or specified by the Architect, including labor, materials, equip- ment and furnishings, shall be determined as follows, with precedence in the order listed: 1. For completed construction, the total cost of all such work. 2. For work not constructed, the lowest bona fide bid received from a qualified bidder for any or all of such work: or 3. For work for which bids are not received, (1) the latest detailed cost estimate, or (2) the Archi- tect' s latest statement of probable construction cost. B. Construction cost does not include the fees of the Archi- tect and consultants, the cost of the land, rights-of- way, or other costs which are the responsibility of the • Owner. C. Labor furnished by the Owner for the Project shall be in- cluded in the construction cost at current market rates, materials and equipment furnished by the Owner shall be included at current market prices, except that used mater- ials and equipment shall be included as if purchased new for the Project. CONSTRUCTION COST (cont. ) D. Statements of probable construction cost and detailed cost estimates prepared by the Architect represent his best judgement as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has any con- trol over the cost of labor, materials or equipment, over the contractors ' method of determining bid prices, or over competitive bidding or market conditions, accordingly, the Architect cannot and does not guarantee that bids will not vary from any statement of probable construction cost or other cost estimate prepared by him. ARTICLE V DIRECT PERSONNEL EXPENSE A. Direct Personnel Expense is defined as the cost of salaries, and includes, but is not necessarily limited to, mandatory and customary benefits such as insurance, sick leave, vacation, holiday, pensions and other such costs that relate to employees engaged on the Project by the Architect. B. Employees may include, but are not necessarily limited to, architects, engineers, designers, draftsman, speci- fication writers, stenographers, typists, and other per- sonnel engaged in consultation, research, design, docu- ment production or other Work pertaining to the Project. C. Should Direct Personnel Expense be selected as the method of compensation, the Architect will submit in writing to the Owner's Representative a complete list of all employees to be engaged on the Project along with a schedule of rates and benefits for those employees. ARTICLE VI REIMBURSABLE EXPENSES A. Reimbursable Expenses are defined as direct costs which may be in addition to the compensation for Basic and/or Additional Services and may include but are not necessarily limited to the following: 1. Mileage, meals, and lodging 2. Reproduction, postage and telephone 3. Cost of other such services requested by Owner and performed by the Architect at direct cost. B. Payment for reimbursable expenses for activities per- formed in conjunction with the Project shall be at direct cost. ARTICLE VII ARCHITECT'S ACCOUNTING RECORDS Records of the Architect' s Direct Personnel, Consultant and Reimbursable Expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the Owner or his authorized repre- sentatives upon request. -7- ARTICLE VIII OWNER'S REPRESENTATIVE (� The Director of Planning and Code Enforcement, as the Owner' s Representative, serves as an advisor and con- sultant to the Owner. No plans and specifications or changes thereto will be accepted, nor any payments made without approval of the Owner. ARTICLE IX ARCHITECT'S COOPERATION The Architect agrees to perform his services under this contract in such a manner and at such times so that the Owner and/or any contractor who has Work to perform, or contracts to execute, can do so without delay. ARTICLE X OWNERSHIP OF DOCUMENTS Drawings and Specifications as instruments of service are and shall remain the property of the Owner whether the Project for which they are prepared is constructed or not. They are not to be used by the Owner to con- struct another like Project without written approval from the Architect. ARTICLE XI SUCCESSORS AND ASSIGNS The Owner and the Architect each binds himself, his partners, successors, assigns and legal representatives to the other party to this Agreement and to the part- ners, successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. ARTICLE XII ARBITRATION A. All claims, disputes and other matters in questions arising out o£, or relating to, this Agreement or the breach thereof shall be decided by arbitration in accordance with the construction industry arbitration rules of the American Arbitration Association then obtaining. This Agreement so to arbitrate shall be specifically enforceable under the prevailing Arbitration Law. B. Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after institution of legal or equitable proceedings based on such claim, -8- ARBITRATION (cont.) dispute or other matter in question would be barred by the applicable stature of limitations. C. The award rendered by the arbitrators shall be final, and judgement may be entered upon it in any court having juris- diction thereof. ARTICLE XIII TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon seven (7) days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination, due to the fault of others than the Archi- tect, the Architect shall be paid his compensation for services performed to termination date. This Agreement executed the day and year first written above. OWNER ARCHITECT yor, U J ferson Arthur R. Jablonsky & Asso ates ;s —9—