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HomeMy Public PortalAboutORD09576 i� BILL NO. 1 INTRODUCED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE NUMBER 9543, BY THE ADDITION OF THE POSITION OF CITY COUNSELOR TO THE CLASSIFIED PAY PLAN AND BY THE ADOPTION OF THE JOB DESCRIPTION OF THE POSITION OF CITY COUNSELOR. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS : Section 1. Ordinance Number 9543, establishing a classified pay plan for City of Jefferson, is hereby amended by the addition of the following job title under the General Adminis- tration category: Monthly Monthly Range No. Minimum Maximum 0311 City Counselor 25 $1766 $2366 Section 2. The job description for the position established in Section I above is attached hereto as Attachment "A" and is hereby adopted. Section 3. This ordinance shall take effect and be in force from an a ter its passage and approval. Passed Approved 0 [?reVHpnt ot the/CounciE Mayor Attest Cit Clerk . .. OWNER-ARCHITECT AGREEMENT AGREEMENT MADE THIS 5th DAY OF February IN THE YEAR NINETEEN HUNDRED AND eighty-one BETWEEN CITY OF JEFFERSON, JEFFERSON CITY, MISSOURI, THE OWNER: AND FORREST CAPPS AND ASSOCIATES, 907 LESLIE BLVD. , JEFFERSON CITY, MISSOURI, THE ARCHITECT. IT IS THE INTENTION OF THE OWNER TO CONSTRUCT AN ANIMAL SHELTER FACILITY WHICH IS TO BE LOCATED AT 917 EAST MILLER STREET, HEREINAFTER REFERRED TO AS THE PROJECT. THE OWNER AND THE ARCHITECT AGREE AS SET FORTH BELOW: The Architect shall provide professional services for the Project in ac- cordance 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 Basic services were estimated on proposed plan and intended program of needs presented to the Architect on November 18, 1980, and not- withstanding the lump sum cost shall not exceed Eight Thousand Nine Hundred and No/100 Dollars ($8,900.00) . ARCHITECT'S PAYMENT SCHEDULE A. BASIC SERVICES Payments on account for the Architect's Basic Services shall be made as follows: Schematic Design Phase-----------------------------------------15% DesignDevelopment Phase--------------------------------------35% Construction Documents Phase----------------------------------75a Bidding Phase---------- ----80% Construction Administration Phase---------------------------100% ARTICLE I ARCHITECT'S SERVICES A. BASIC SERVICES: J 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 re- quirements of the Project and shall confirm the viability of such requirements to the Owner's Representative. 2. The Architect shall prepare Schematic Design Studies consisting of drawings and other documents illustrating the scale and relationship of Project componets for approval by the Owner's Representative. -1- 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 documents to fix and describe ' 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 Representative in filing any required documents for the approval 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 Documents setting forth in detail the requirements for the con- struction of entire Project including information necessary to bid the Project. 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 Representative's approval of the Construction Documents and the Final Statement of Estimated Construction Cost, shall assist the Owner in obtaining 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 acceptance by the Owner's Representative. 2. The Architect during Construction Administration shall advise and consult with the Owner's Representative and shall have authority to act on ,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 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 onsite 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 onsite 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, 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. i -2- 5. 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 exami- nation 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. 7. The Architect may recommend rejection of Work which does not conform to the Contract Documents. Whenever the Architect con- siders it necessary or advisable 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 Project 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 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 special- analyses of, and programming for, the Owner's needs. 3. Providing financial feasibility, or other special duties. 4. Providing planning surveys, site evaluations, environmental or ' comparative studies of prospective sites. 5. Providing design services relative to future facilities, systems and equipment which are not intended to be constructed as part of the Project. 6. 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. 7. Providing detailed quantity surveys, inventories, or estimates of material, equipment and labor. -3- 8. Providing interior design, graphics design, and other services required for or in connection with the selection of furniture, furnishings, and equipment. 9. Providing revisions of Drawings, Specifications or other docu- ments when such revisions are required by changes to previously approved design criteria. 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 reproductions 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 demarid, evidence of an appropriate professional liability insurance policy. E. The Architect shall provide on-site observations of construction 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 observations at no additional cost to the Owner. All observations shall be scheduled so as not to delay the Contractor. 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 applicable, grades and lines of streets, alleys, pavements and ad- joining property; rights-of-way, restrictions, easements, encroach- ments, 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 expeditiously 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 judgment 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 employees engaged on the Project by the Architect. -5- 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. 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 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 Repre- sentative, serves as an advisor and consultant to the Owner. No plans and specifications or changed 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 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 As- sociation. The demand shall be made within a reasonable time after the claim dispute or other matter in question has arisen. In no event shall th'e 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 jurisdiction 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 Architect, the Architect shall be paid his compensation for services performed to termination date.. :,c• -7- I This Agreement executed the day and year first above written. OWNER ARCHITECT r a r, 7fy of Jeffers o L-,7/*v Fo rest Capps & Associates ATTEST: r it erk (SEAL) r CITY COUNSELOR Nature of Work ® This is highly responsible legal and administrative work in the Department of Law. Work involves responsibility for performing a wide variety of professional legal duties which include providing services for all departments of the City. Work also includes the prep- aration of cases for trial; the drafting of resolutions , ordi- nances, and documents ; and the rendering of legal opinions . The employee is also. responsible for assuring that the City is prop- erly represented in all legal proceedings, and that all contracts , deeds , bonds , and other official documents are approved for form and legality. Supervision is exercised over secretarial support personnel. Work is performed under general direction from the City Administrator with latitude for the exercise of independent judgment and initiative. Illustrative Examples of Work Investigates claims and complaints by or against the City. Attends Council meetings and consults with the Mayor, Council members , City Administrator, and department heads on legal aspects of municipal problems. Performs legal research and prepares legal opinions. Serves as legal advisor for City insurance matters . Directs or manages City' s role in all litigation directly or indirectly affecting the City. Represents the City in all legal matters and proceedings in which the City is an interested party. Drafts , reviews , and approves , as to form, all contracts, deeds, bonds , and other documents to be signed in the name of or made to or with the City. Prepares resolutions and ordinances . Acts for City Attorney during his temporary inability to perform his duties . Performs related work as required. Requirements of Work Graduation from an accredited school of law with enough ex- perience in the practice of law to have the following knowledges, abilities and skills : Knowledge of municipal, state, and federal laws , and of constitutional laws affecting municipal government. Knowledge of judicial procedures and rules of evidence. Ability to analyze and prepare a variety of legal documents. Ability to conduct research on legal problems and to pre- pare sound legal opinions . Knowledge of established precedents and sources of legal reference applicable to municipal activities . Skill in organizing, interpreting, and applying legal prin- ciples and knowledge to legal problems . Ability to prepare and try civil law cases. ® Knowledge of the organization, authority, and functions of municipal government. Ability to communicate effectively, orally and in writing, and to make effective presentations to a variety of groups . Ability to establish and maintain effective working rela- tionships with others . Necessary Special Requirements Candidates for this class must be licensed to practice law in the State of Missouri. e