HomeMy Public PortalAboutORD09637 BILL NO. 81-12
INTRODUCED BY COUNCILMAN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK OF SAID CITY TO
EXECUTE, ON BEHALF OF THE CITY, A CONTRACT WITH R. F.
VERSLUES & ASSOCIATES, INC. , FOR THE PREPARATION OF DESIGNS,
DRAWINGS, ESTIMATES, SPECIFICATIONS, BID DOCUMENTS, CONSTRUC-
TION CONTRACTS, ETC. , FOR A NEW PARKING FACILITY ON THE RILEY
LOT LOCATED ADJACENT TO THE MAIN PARKING GARAGE, ALSO KNOWN
AS LOT #2, LOCATED IN THE TWO HUNDRED BLOCK OF CAPITOL AVENUE
IN THE CITY OF JEFFERSON, MISSOURI.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Jefferson,
Missouri, are hereby authorized and directed, for and in the name
of the City, to execute a written contract with R. F. Verslues &
Associates, Inc. , relating to professional services for designs, draw-
ings, estimates, specifications, bid documents, construction contracts,
etc. , as set forth on a copy of said proposed contract attached
hereto and by reference made a part hereof. This Agreement will
supercede any other Agreements previously entered into for similar
services on the Riley Lot.
Section 2. This Ordinance shall take effect and be in full
force from and after its passage and approval.
Passed- / f Approved
resid t of the Co/ cil Vyor
ATTEST
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r,u5-;MENT Wk pROF��SIOt�AL LNG '_R:'�' :ERVICES
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This Agreement made this _�,� day :)f ____ c�,K.e.. 1981 ,
oy and between the City of Jefferson City . Missouri (he-ainafter called
the "City") , and R. F. Verslues & Associates, Inc . (her -.!inafter- called
the "Consultant") .
WHEREAS, the City desires to engage the Consultant to -ender certain
technical and professional services hereafter described, and
WHEREAS, the Consultant warrants that it is competent to perform the
technica! or professional services hereafter described, acrd
WHEREAS, the Consultant is desirous of rendering the technical or
® -ofessional services as hereafter described.
N06 THEREFORE, in consideration of the mutual undertakings herein
contained, the parties agree as follows :
ARTICLE I . EMPLOYMENT OF CONSULTANT.
The City hereby agrees to engage the Consultant and the Consultant
hereby agrees to perform the services hereinafter described.
ARTICLE II. SCOPE OF WORK.
The Consultant shall do, perform and carry out in a satisfactory and
Proper manner as determined by the City, the SCOPE OF WORK. attached ane
incorporated herein as Appendix "A" .
ARTICLE III. DATA TO BE FURNISHED TO CONSULTANT.
All information, data, reports, records and maps as e.c`sting, available
and necessary for the carrying out of the work shall be fjrnished to the
Consultant without charge by the City. The City shall cooperate with the
Consultant in every way possible in carrying out work as set out in Ap-
pendix "A", SCOPE OF WORK.
ARTICLE IV. PERSONNEL.
Section 1 . The Consultant represents that he has, or will secure at
his own expense, all personnel required in performing the services under
this Agreement. Such personnel shall not be employees or have any
contractual relationship With the City.
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Section 2. All services required hereunder will be performed by the
Consultant or under his supervision, and all personnel engaged in the work
shall be fully qualified.
Section 3. . None of the work or services covered by this Agreement
shall be subcontracted without the prior written approval of the City.
Section 4. It is understood and agreed that the personnel indicated
in the KEY PROJECT PERSONNEL of Appendix "A" will be assigned to the
project and will be assigned responsibility as indicated in Appendix "A".
ARTICLE V. TIME.
The services of the Consultant are to commence upon receipt of written
Notice to Proceed by the City and shall be completed within the schedule
outlined in Appendix "A".
ARTICLE VI. COMPENSATION.
Section 1 . Compensation for the services specified in Appendix "A",
SCOPE OF WORK, attached and incorporated by reference hereto, for all
expenses incurred by the Consultant shall be on the basis of a fixed fee
with a maximum cost not to exceed Thirty Four Thousand Nine Hundred Eighty-
five ($34,985.00) Dollars to the Consultant, and shall constitute full and
complete compensation for the Consultant's services indicated in Appendix
"A"
Section 2. The Consultant will be compensated for the actual cost not
to exceed the total estimated cost of each item outlined in the Project
Cost Estimate specified in Appendix "A". The fixed fee for each phase of
work will be as shown in the Project Cost Estimate.
The City will withhold 10 percent (10%) of the total invoiced amount ---
until a final approval of each phase has been completed.
ARTICLE VII. METHOD OF PAYMENT.
The City shall pay to the Consultant not more than the amount set out
,
in Article VI. Payment to the Consultant will be based on monthly sub-
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mission of invoices by the Consultant. A description of work done by
approved subcontractors shall be shown with their invoices.
• ARTICLE VIII. CHANGES.
The City may at any time, by written order, make changes in the work
or services to be performed under this Agreement and within the general
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scope thereof. If such changes cause an increase or decrease in the
cost of performing the work and services under this Agreement, or in the
time for its performance, an equitable adjustment mutually agreed upon
shall be made and the Agreement shall be modified accordingly. No work
covered by a change in Agreement will be performed until the modified
Agreement has been executed and the Consultant has received from the City
a notice to proceed with the change. Any claim for adjustment under this
article must be made in writing to the City within thirty (30) calendar
days from the date the change is ordered. Nothing provided in the article
shall excuse the Consultant from proceeding with the prosecution of the
work so changed, provided the parties have mutually agreed to an adjust-
ment in the costs, if such change results in a change of costs.
ARTICLE IX. INDEMNIFICATION AGREEMENT.
The Consultant hereby agrees and covenants that they will hold and
save harmless and indemnify the City, their officers, agents, servants,
and employees from liability of any nature or kind, in connection with
the work to be performed hereunder, arising out of any act or omission of
the Consultant or of any employees or agent of the Consultant or any of
them, or associated with them including any persons, firm or corporation
engaged by the Consultant to perform any work required by or in connection
with the work required by this Agreement.
ARTICLE X. TERMINATION OF AGREEMENT.
In the event the Consultant shall for any cause fail or refuse to carry
out or to perform any of the terms or provisions of this Agreement on the
part of the Consultant required to be carried out or performed, or if the
Consultant shall fail to complete'any of the work described in the Agree-
ment, or if in the judgment of the City the conduct or progress of the work
or of any part thereof is such that it would be prejudicial to the interest
of the City to have the work or any part thereof continue, or if the City
at any time determines that it is in the interest of the City to terminate
this Agreement or any part thereof, the City may, by written notice to the
Consultant, terminate this Agreement or any part thereof; or terminate
performance by the Consultant of any of the work required by this Agree-
ment, provided the City has given the Consultant written notice of the
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defect and that the Consultant has failed to correct said defect within
fifteen days after receipt of said notice, and in any such event the
City shall pay the Consultant only so much of the compensation hereinabove
set forth as, in the judgment of the City, shall have been earned by said
Consultant, and the Consultant for itself, its successors, assigns, and
legal representatives, does hereby agree to accept the amount of compen-
sation as so determined by the City as full satisfaction and acquittance
of all rights or claims for compensation hereunder and the same shall
constitute payment in full within the meaning of this Agreement.. In the
event of any termination as aforesaid, the Consultant shall deliver to the
City as property of the City, all designs, reports, drawings, studies,
estimates, surveys, computations, memoranda, and other papers, documents,
and other materials either furnished by the City or prepared by, for, or
on behalf of the Consultants in accordance with any provisions of this
Agreement; in addition, ownership of all designs, reports, drawings,
studies, estimates, models, computations, etc. , prepared within the
context of this Agreement shall vest with the City at the City's option.
The City reserves the right either to postpone or abandon further work of
the type described by this Agreement as said City, in its discretion,
may deem to be the advantage of the City, and agrees to compensate the
Consultant for services provided up to the time written notice is given
® to the Consultant.
ARTICLE XI. NONDISCRIMINATION IN EMPLOYMENT.
The Consultant will comply with all State and Federal Statutes relating ,
_r to nondiscrimination, including, but not limited to, Title 6, Civil Rights
` Act of 1964.
ARTICLE XII. NONASSIGNABILITY.
The services to be performed under this Agreement shall not be assigned,
sublet, or transferred without the written approval of the City.
ARTICLE XSIII. MONITOR AND AUDIT.
The Consultant agrees to submit to audit at reasonable times by the
City. Consultant further agrees to permit monitoring by the City, its
staff, and appropriate representatives and to comply with such reporting
procedures as may be established by the City. It is further agreed that
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financial data and supporting documents relating to the performance
under this Agreement shall be maintained and made available to represen-
tatives of the above for a period of three (3) years -after final payment
is made under this contract.
ARTICLE XIV. TRAVEL.
The City approves travel expenses for work performed under this
Agreement and in -connection with this study within the State of Missouri .
Any additional travel must have prior approval of the City to be eligible
for reimbursement.
ARTICLE XV. COMPLIANCE WITH LAWS.
The Consultant agrees to comply with all Federal , State and Local laws
and ordinances applicable to the prosecution of the work covered by this
Agreement.
ARTICLE XVI. CONSULTANT'S ENDORSEMENT.
The Consultant will endorse all plans, specifications, payment estimates,
and engineering data furnished by him.
ARTICLE XVII. REPORTS.
All reports shall be submitted in accordance with Appendix "A".
ARTICLE XVIII. PUBLICATION PROVISIONS.
Papers, interim or final reports, forms, or other materials which are a
part of the work under contract will not be copyrighted without written
approval of the City.
ARTICLE XIX. GOVERNING LAW.
This Agreement shall be interpreted under and governed by the laws of
the State of Missouri.
ARTICLE XX' ' DISPUTES AND REMEDIES.
All claims, counterclaims, disputes and other matters in question
between the City and the Consultant arising out of or relating to this
Agreement or the breach of it will be decided by arbitration if the
parties whereto mutually agree, or in a court of competent jurisdiction
within the State of Missouri .
ARTICLE XXI. COVENANT AGAINST CONTINGENT FEES.
The Consultant warrants that no person or selling agency has been•'
employed or retained to solicit or secure this contract ppon an agreement.
or understanding for a commission, percentage, brokerage or contingent fee,
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excepting bona fide employees of the Consultant for the purpose of securing
business. For breach or violation of this warranty, the City shall have
the right to annul this contract without liability or at its discretion, to
deduct from the contract price or consideration, or otherwise recover, the
full amount of 'such commission, percentage, brokerage or contingent fee.
IN WITNESS WHEREOF, said parties have caused this Agreement to be signed
by their duly authorized officers.
ATTEST: —
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By
C i t Cler M o '
ATTEST:.
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APPENDIX "A"
RILEY LOT PARKING FACILITY
SCOPE OF WORK '
FOR
'.PROFESSIONAL ENGINEERING SERVICES
GENERAL
The City of Jefferson proposes to construct a four-story parking
facility of approximately 19,065 square feet per floor to be located
adjacent to the existing Parking Garage on the east perimeter. The
general scope of work for engineering services includes three phases
as follows:
1 . Preliminary Phase
Preparation of new cost estimate based on preliminary plans
® previously completed.
2. Design Phase
Preparation of drawings, specifications, and contract documents
(prepared for construction in phases) Phase I - Ground and First
Level ; Phase II - Second and Third Level .
• 3. Construction Phase
Owner's representative during construction (resident inspection
for certain phases on hourly basis) .
SCOPE OF WORK
I. Preliminary Phase
A. A conference with City staff will be held to review require-
ments; inspection of the site, and review of available
material assembled by the City.
B. The City will provide utility data to the Consultant, i .e. ,
water, sewer, power, telephone, and adjacent land deed
easements.
C. The City will initially meet with adjacent property owners
and occupants to establish consultations between the ,
Consultants and the adjacent property owners.
D. The Consultant will make a•'structural systems study
which includes: :,•
. 1 . Preliminary evaluations of three structural systems.' " .
- 2. First cost estimates of the three 'systems.
3. Operations and maintenance estimates of the three '
systems. . .'
4. Life cycle cost analysis. `. '•,''
E. Preliminary drawings will be prepared as 'follows. ' .
• ' 1 . Plan layout of ground level
2. Plan layout of:: ixs.t level .
3. Plan layout- of eecQxid•.level.
4. Plan layout of .third l eyel
5. Foundation plan.
6. ' Upper level framing plan.
7. Sections and details.•
F. A preliminary report will be made by the Consultant' to
include: the review of the preliminary studies ; consul
tations with property owners; recommendations; cost.. estimates;
outline of specifications. .
G. The Consultant will present the report and drawings to the
City for approval . . •
II. Design Phase : .
• A. General : After written approval of the preliminary layout by
the City, the Consultant will perform the structural design
and prepare detail contract plans,. specifications and estimates...
The plans shall generally include a• title sheet, site plan,
ground level , foundation and footing plans, first, second, and
third level plan, elevations ,' sections and detail sheets. This . ,
shall include all mechanical , electrical and drainage plans as
required to build the facility. All plans will be on standard' . ''
size sheets, 22" x 36" velum or similar base ma•terial . . Line
work and lettering on sheets will be pencil .
B. Storm Drainage: Design of storm drainage facilities with .
approval design criteria. The design will be placed on
the plan, profile and detail sheets so that the work may
be laid out and constructed.
C. Structures: All structures will be drawn in sufficient
detail for construction, reinforcing bar details shall be
shown on plans. All structural design work will be in
accordance with approved design specifications.
D. Utilities: The Consultant will perform the following
services in connection with utilities:
1 . Show all utilities of record on the plans. Show names
and addresses of utility agencies on the plans.
2. Design and detail on the plans any necessary relocations
or adjustments of the City of Jefferson's sanitary sewer
facilities.
3. Confer and cooperate with utility agencies concerning
necessary adjustment or relation of their facilities.
4. Assist City in developing utility agreements with other
utility agencies, if required.
E. Specifications: The Consultant will prepare construction
contract documents, special provisions and technical speci-
fications making reference to appropriate standard specifi-
cations, as required for bidding, contract award and construc-
tion of the facility. Legal sections will be submitted for
approval of City's attorney.
F. Engineer's Estimate: The Consultant will compute all
quantities required for the facility and prepare an Engineer's
Estimate of construction cost based on the final approved
detail plans, using current unit prices.
G. Number of Copies: During the development of plans, the
Consultant will provide the number of copies of completed
or partially completed facility plans, specifications and
reports as required by approving authorities, utilities, sub-
contractors, and the Consultant for the proper prosecution of
their respective responsibilities in connection with the
project.' Upon approval of plans and specifications, the
Consultant will furnish the City with a sufficient number of
plans and contract document booklets containing special pro-
visions and legal forms for taking bids and. use during con-
A �•;-= struction.
_. .._ H. Protection of Adjacent Facilities and Properties: The Con- ---
sultant shall include any design and detail plans for the
protection of adjacent facilities and/or structures.
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III. Construction Phase
A.
1 . Assistance in Award of Construction Contract: When requested
by the City, the Consultant will- notify responsible contractors
of the proposed work and distribute plans, specifications , and
other proposed contract documents to all contractors requesting
the The Consultant will assist the City in preparing con-
struction contracts. The City will pay for all newspaper
"classified ads" as may be required.
2. Pre-Construction Meeting: The Consultant shall conduct the
pre-'construction meeting with the contractors. ,
3. Shop Drawings: The Consultant shall check all shop drawings
for compliance with design plans and specifications,.
4. Contractor's Pay Request: The Consultant will review the t
contractor's monthly pay request.
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5. Construction Observation:- The Consultant shall provide part- G
® time observation of construction to be maintained during i
excavation, utility relocations, column and wall construction.
6. Punch List: -A punch list will be prepared and a final inspection
shall be made by the Consultant. t
B.
1 . Full time observation will be required during drilling and
concreting of piers and slab/column construction. The City will �.
pay for this construction inspection as an extra fee on an hourly
basis of $30.00 per hour for a qualified engineer.
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2. Not-to-Exceed costs per Phase shall be as follows: Phase I
$3,800.00; Phase II - $2,750.00 ($1 ,375.00 per floor).
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TIME SCHEDULE AND PROGRESS REPORTS i .
The Consultant will begin work within ten (10) calendar days after the
receipt of written Notice to Proceed by the City.
. The Consultant will furnish the preliminary design layout for approval
within forty-five (45) calendar days after receipt of Notice to Proceed.
The Consultant will complete detail plans, specifications, and estimates ,;
within ninety (90) calendar days after approval of preliminary design layout.
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It is understood that certain parts of the work cannot begin until '•'
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® previous parts have been approved by the City. However, where feasible c:
and practicable, some parts will be carried on simultaneously with the
intent of completing the work as efficiently and effectively at the
earliest possible date.
Time is of the essence, and the Consultant shall submit to the City
monthly a Progress Report. It shall include scheduled periods for each
of the elements- into which the Consultant's work is divided. Each work
element shall be assigned a percentage of the total upon which progress
can be computed. The total percentage complete shall be shown. The
scheduled periods shall also include a time allowance for review and
approvals by the City.
The City will grant the Consultant extensions of time for delays
recognized by the City as unavoidable, provided that such extensions of
time shall be requested in writing by the Consultant, stating fully the
reasons for such requests.
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RILEY LOT
® PROJECT COST ESTIMATE
PHASE 1. -
Principal Manhours - 17 MH @ $35.00 $ 595.00
Engineer Manhours - 75 MH @ $30.00 2,250.00
Technician Manhours - 25 MH @ $25.00 625.00
Fee for Phase I $ 3,470.00
PHASE II
Principal Manhours - 38 MH @ $35.00 $Manhours - 370 MH @ 30.00 $ 1 ,330.00
Technician Manhours - 315 MH @ 25.00 11, 100.00
$ 7,875.OD
Fee for Phase II 20,305.00
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PHASE III - A I
Principal Manhours - 16 MH @ $35.00 $ 560.00 F
® Engineer Manhours - 130 MH @ $30.00 3,900.00
Technician Manhours - 8 MH @ $25.00 '200.00 {
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Fee for Phase III - A 4,660.00 E
TOTAL DESIGN FEE $28,435.00
PHASE III - B •f�
Resident Inspection (Hourly rate of $30/hr. ) t
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Ground and First Level (Not-to-Exceed) $ 3,800.00
Second and Third Level (Not-to-Exceed) 2750.00
($1 ,325.00 per level ) '
E.
Maximum - Phase III - B 6,550.00 !
TOTAL MAXIMUM CONTRACT COST - - - - - - - -
. - $34,985.00
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*Hourly rates include overhead and rofit.
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® RILEY LOT
KEY PROJECT PERSONNEL
The following staff will be assigned to this project to perform the
various engineering and coordination tasks. Additional staff will
be assigned as needed.
Roger F. Verslues
William J. Bose
Tim Harlow