HomeMy Public PortalAboutORD08957 I( 1
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BILL NO.
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INTRODUCED BY COUNCILMAN
ORDINANCE NO.
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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
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! a part hereof as though fully set forth herein.
I (SEE ATTACHED)
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SECTION 3. This ordinance shall take effect and be in
force from and after its passage and approval.
Passed: 917 17 Approved:
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1 ATTEST:
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Cio Clerk
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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,
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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
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