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HomeMy Public PortalAboutORD09557 AMENDED BILL NO. 142 INTRODUCED BY COUNCILMAN Hequembourg ORDINANCE N0. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND THE CLERK OF THE CITY OF JEFFERSON TO EXECUTE A CONTRACT WITH ARCHITECTS ALLIANCE, INC. , RELATING TO THE PRELIMINARY DESIGN AND SITE EVALUATION OF A NEW CITY HALL FACILITY. 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 Architects Alliance, Inc. , said contract for the preliminary design and site evaluation of a new City Hall Facility. Section 2. Said contract shall read in words and figures as set forth in Exhibit A. Phase 1 only, attached hereto and made a part hereof as though fully set forth herein. All subsequent phases shall be approved by the City Council in Ordinance form. Section 3. This Ordinance shall take effect and be in force from and after its passage and approval. Passed �`'—�--��- Approved - o D �1 eside of the Cou cil Mayor Attest C Clerk Bill 142 amended to include: "Section 2 (a) . The costs incurred under this Contract shall be paid for out of Revenue Funds on hand." BILL NO. INTRODUCED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND THE CLERK OF THE CITY OF JEFFERSON TO EXECUUWN- TRACT WITH ARCHITECTS ALLIANCE , INC. , RELATING TO TH %ND 'bF A NEW CITY HALL FACILITY. Si�-c fva.lua.�i'on1 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 Architects Alliance, Inc. , said contract for the de. of new City Hall facilities. Section 2. Said contract shall read in words and figures as set forth in Exhibit A attached hereto and made a part hereof as though fully set forth herein. (SEE ATTACHED) Section 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed Approved President of the Council Mayor ATTEST: City Clerk • BILL NO. INTRODUCED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORI7ING THE MAYOR AND THE CLERK OF THE CITY OF JEFFERSON TO EXECU ( CON- TRACT WITH ARCHITECTS ALLIANCE , INC. , RELATING TO THE ' QQN&EffiieffW.OF A NEW CITY HALL FACILITY. { 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 Architects •n Rr fj-iv,0 S/In- aU Alliance, Inc. , said contract for the design :^. —e�-�-`M •^��^*� of City Hall facilities. Section 2. Said contract shall read in words and figures as set forth in Exhibit AAatt ached hereto and made a part hereof as though fully set forth ge,r�3�}�._Pft0sk5 5/ c�. !3 E a�P,eor��o ,B}- 5,vyu� i,� a�eor� -cam FB2M (SEE ATTACHED) Section 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed Approved President of the Council Mayor ATTEST: City Clerk e� kE� OWNER-ARCHITECT AGREEMENT AGREEMENT MADE THIS Ji DAY OF I~�� �H r IN THE YEAR NINETEEN HUNDRED AND BETWEEN THE CITY OF JEFFERSON, JEFFERSON CITY, MISSOURI , THE OWNER: AND THE ARCHITECTS ALLIANCE, INC. , 1431 SOUTHWEST BOULEVARD, JEFFERSON CITY, MISSOURI , 65101, THE ARCHITECT. IT IS THE INTENTION OF THE OWNER TO CONSTRUCT A CITY HALL WITHIN THE. CITY OF JEFFERSON, MISSOURI , HEREINAFTER REFERRED TO AS THE "PROJECT" . THE OWNER AND THE ARCHITECT AGREE AS SET FORTH BELOW: ARTICLE I ARCHITECT'S SERVICES A. , BASIC SERVICES: The Architect ' s Basic Services consist of the phases des- cribed as follows and include, but are not limited to, normal structural, mechanical and electrical engineering services. PHASE: 1. Develop a Program of Needs to include: a study of present and future space needs of the City, an evalua- tion of site locations, including the existing City Hall Building, prepare a project budget and preliminary cost estimates, and develop a time schedule for the design and construction of the project. 2. Schematic Design Phase. With Council approval .of Phase 1 and subject to the availability of Revenue Sharing Funds, prepare Schematic Design Drawings to include: a project site plan, building floor plans , exterior building elevations, outline specifications, an updated ® cost estimate and a color rendering of the .project. 3. With Council approval of Phase 2 , prepare Design Develop- ment Documents refining the design concept . Upon com- pletion and subject to Council approval, prepare Con- struction Documents to include : working drawings , detailed specifications , further updated cost estimates, including a final statement of estimated construction costs, in sufficient detail requirements for the construction of the entire project necessary for bidding purposes. 4. Assist the City with the award of the construction contract and subsequent to that provide Construction Administration services throughout the duration of the construction. In addition, after occupancy and approximately one month prior to the expiration of the contractors one year warranty, conduct an inspection to ensure that all systems are performing as specified. a. Assist Owner in obtaining and reviewing bids. b. Architect shall advise and consult with the Owner's representative and shall have authority to act on -1- behalf of the Owner to the extent provided in the General Conditions unless otherwise modified in Amok writing. c. The Architect shall at all times have access to the work. d. The Architect shall make periodic visits 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 construction means, methods, techniques ,. sequences or procedures, or for safety precautions and programs in connection with the work, and he shall not be responsible for the Contractor's failure to carry out the work in accordance with the contract documents. Nor shall he be responsible for the acts or omissions of the �. Contractor, any Sub-Contractors or any other person Performing the work, unless he shall have actual knowledge of any defects and deficiencies in the work and shall fail to so advise Owner. e. Based on .such observations at the site and on the Contractor's written request for 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 Architect has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid. f. The Architect shall, in the first instance, be the interpreter of the. requirements of the contract document. g. The Architect may recommend rejection of work which does not conform to the contract documents. Whenever; the Architect considers it necessary ar. 'advisable to confirm the requirements of the contract documents, he may request approval of the Owner's representative for special inspection and/or testing. h. The Architect shall review and approve shop drawings, samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance with the information given in the contract documents. i. . The Architect shall prepare Change Order Requests. J . All substitutions must be submitted to the Director of Planning prior to approval. -2- 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 specific 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 described herein is required, the Architect shall provide 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 expenses) . 2. Providing financial feasibility or other special duties. 3. Providing design services relative to future facilities, systems and equipment which are not intended to be con- structed as part of the project. 4. Providing services to investigate existing conditions of facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the Owner' s representative. 5. Providing detailed quantity surveys, inventories, , or estimates of material, equipment and labor. 6. Providing interior design, graphics design, and other services required for or in connection with the selection of furniture, furnishings, and equipment. 7. Providing revisions of drawings, specifications or other documents when such revisions are required by changes to previously approved design criteria. 8. Providing consultation concerning replacement of any work damaged by fire or other causes during construction. ® 9. 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 con- struction contract. 10. Providing services or professional consultants for other than the normal structural, mechanical, and electrical services for the project. 11. 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 furnished by the Contractor to the Architect. 12. Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding. -3- 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 reproductions prior to completing the contract documents and further agrees to provide the Owner with five (5) sets of approved and com- pleted contract documents at no cost to the Owner. D. The Architect shall provide upon demand evidence of an ap- propriate 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 protect his interests, however, after construction has started, should the Director of Planning and Code Enforcement determine that the frequency of observations is inadequate to properly control the project , he may order the Architect to increase the number of ob- servations at no additional cost to the Owner. All ob- servations shall be scheduled so as not to delay the Con- tractor. ARTICLE III OWNER'S RESPONSIBILITIES A. The Owner shall provide full information regarding his re- quirements for the project . ® B. The Owner shall furnish a certified land survey of the site giving, as applicable, 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; locations, 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 ex- peditiously as necessary for the orderly progress of the work. F. All of the above items relating to Owner's responsibilities shall in no way abrogate the Architect's responsibilities. ARTICLE IV CONSTRUCTION COST A. Statements of probable construction cost and detailed cost estimates prepared by the Architect represent his best judg- ment as a design professional familiar with the construction . industry. It is recognized, however, that neither the Architect nor the Owner has any control 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 em- ployees engaged on the project by the Architect. B. . . Employees may include, but are not necessarily limited to, architects, engineers, designers, draftsman, specification writers, stenographers, typists, . and other personnel engaged in consultation, research, design, document 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. -5- 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. 4. Cost of architectural rendering or model as requested by Owner. B. Payment for reimbursable expenses for activities performed 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 representatives upon request. ARTICLE VIII OWNER'S REPRESENTATIVE The Director of Planning and Code Enforcement , as the Owner's representative, serves as an advisor and consultant 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 construct 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 partners, 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 of, or relating to, this Agreement or the breach thereof shall be decided by arbitration in accordance with the con- struction 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, dispute or other matter in question would be barred by the applicable statute of limitations. C. The award rendered by the arbitrators shall be final , and judgment may be entered upon it in any court having juris- dict ion . thereof. AR`!'ICLE XIII ARCHITECT'S FEES A. For Phase 1 principal' s time fixed at the rate of Forty and No/100 Dollars ($40. 00) per hour, Architect ' s time At the fixed rate of Thirty and No/100 Dollars ($30.00) per hour notwithstanding the lump sum cost shall not exceed Four Thousand and No/100 Dollars ($4,000. 00) for Phase 1. B. For subsequent phases of the work, fixed fees for architectural and engineering services will be established by the parties at the conclusion of Phase 1 and will be included in the program of needs report. ARTICLE XIV ADDITIONAL AGREEMENTS A. It is understood that each phase shall be separate from the other phases of the project ; that Owner may terminate the project and/or the contract with the Architect at the end of any phase without prejudice towards the Architect and without termination costs; and that each phase of the project shall have a lump sum fee as a means of payment . B. This Agreement may be terminated by either party upon ten 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 Architect, the Architect shall be paid his compensation for services performed to termination date. C. Should this Contract be executed, the Architect shall commence . work within ten days after notification to proceed and Phase 1 shall be completed within six weeks. It .is understood that this Contract covers only Phase 1 of a four Phase project and that each phase will be approved by the parties before commencement thereon. This Agreement executed the day and year first above written. OWNER: THE CITY OF JEFFERSON, MISSOURI By ATTEST yor C ty erk : ARCHITECT : THE ARC HIT S ALLIANCE, INC. � By /`scs , -8- : I