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
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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
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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.
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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.
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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.
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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.
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By /`scs
,
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