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Home My Public Portal AboutORD07732 ~ BILL NO. INTRODUCED BY COUNCILMAN: VAN L00 ORDINANCE NO. - AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND DIRECTING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A WRITTEN CONTRACT WITH DREW AND JAELONSKY, ARCHITECTS, OF JEFFERSON CITY, MISSOURI FOR SERVICES CONCERNING ADDITIONAL FIRE STATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk of the- City are hereby authorized and directed, for and in the name of the city, to Mao- execute a written contract with Drew and Jablonsky, Architects, of Jefferson City, Missouri, for services concerning additional fire stations for the city. Section 2. Said written contract shall read in words and figures as follows: AGREEMENT BETWEEN ��' + OWNER AND ARCHITECT in r l ,- ss, THIS AGREEMENT made as of the 17th day of January in the year Ninteen Hundred and sixty-six by and between .hereinafter called the Owner, and at Jeff son City, ftesourt _hereinafter called the Architect, WITNESSF.TH, that wheieas the Owner intends to construct one-to be V AiL ad as Utar directed by Chimew. and located _-Aty-pricipwty as late' desiamte 3 in Jeffer-acm City's, Xssou'i _ hereinafter called the Project. NOW, THEREFORE, the Owner and the Architect for the considerations hereinafter set forth agree as follows: A The Architect agrees to perform professional services for the above Project as hereinafter set forth. B The Owner agrees to pay the Architect as compensation for his services: 1) For his basic services f C4iBlti#b ( 6 %) of the project construction cost, hereinafter referred to as the Basic Rate,the work to be let under a single lump sum contract. For work let on a cost-plus-fee basis, increase the Basic Rate to_ �'��! _� f ��_— per cent (V0116 io). For work let under separate contracts, increase the Basic Rate to None AntIV14* nt (NO]M 11 C The parties hereto further agree to the following conditions: I BASIC SERVICES OF THE ARCHITECT Contractors, and he may condemn work as failing to conform to the Contract Documents. Based on such observations and the Contractors' Applications for Payment, he will determine the amount owing to the 1 Design Develomn ttt Phase Contractor and will issue Certificates for Payment in AgM such amounts. These Certificates will constitute a rep, a) The Architect shall consult with the Owner to ascer resentation to the Owner, based on such observations twin tho requirements of the Protect and shall confirm and the data comprising the Application for Payment, such requirements to the Owner. that the wort: has progressed to the point indicated. U) The Architect shall prepare the design development By issuing a Certificate for Payment, the Architect will also represent to the Owner that,to the best of his documents consisting of plans, elevations and other knowledge, information and belief based on what his drawinggs, and outline specifications, to fix and illus- observations have revealed, the quality of the work trate tine size and character of the entire Project in is in accordance with the Contract Documents. He will its essentials as to kinds of materials, type of struc- conduct; inspections to determine the dates of subst.an- ture, mechanical and electrical systems and such other tial and final completion and issue a final Certificate work as may be required. for Payment. c) He shall submit to the Owner a statement of the d) If more extensive representation at the site is re- probable project construction cost based on current quired, the conditions under which such representation area,volume or other unit costs. shall be furnished and a Project Representative select- ed, employed and directed, shall be agreed to by the 2 Construction Documents Phase. Owner and the Architect and set forth in an exhibit to this Agreement. a) The Architect shall prepare from the approved de- sign workin�s, drawings and specifications setting forth in detail and prescribing the cork to be done, and the II EXTRA SERVICES OF THE ARCHITECT quired workmanship, finishes, and equipment re- quired for the architectural, structural, mechanical, If the Architect is caused extra drafting or other ex- electrical, servic(-connected equipment, and site work, perse due to changes ordered by the Owner, or clue to and the necessary bidding information, General Con- the delinquency or insolvency of the Owner or Con- ditions of the Contract, and Supplementary General tractor, or as a result of damage by fire, lie shall be conditions of the Contract, and shall assist in the equitably paid for such extra expense and the service drafting of proposal and contract forms. involved. b) He shall keep the Owner informed of any adjust- ments to previous statements of the probable project construction cost indicated by changes in scope, re- III THE OWNER'S RESPONSIBILITIES quirements or market conditions. 1 The Owner shall provide full information as to his re- c) The Architect shall he responsible for filing the re- quirements for the Project. quired documents to secure approval of !;overnnlental nutlicrities having jurisdiction over the (iQgn of the 2 He shall designate, when necessary, representatives Project. authorised to act in his behalf. FIe shall examine docu- ments submitted by the Architect and render decisions 3 C071.8t,MCH011, Phase—General .4dininialrat.ior o pertaining thereto promptly, to avoid unreasonable de- Construction Contracts lay in the progress of the Architect's work. He shall observe the procedure of issuing orders to contractors a) The Architect shall assist the Owner in obtaining only through the Architect. proposal-, from Contractors and in awarding and pre- 3 He shall furnish or direct the Architect to obtain at paring construction contracts. To the extent provided the Owner's expense, a certified survey of the site, giv- by the contract betwel• n the Owner and the Contractor, ing, as required, des and lines of streets, alleys, he shall make decisions on all claims of the Owner and pavements, and g adjoining property; rights of way, Contractor and on all other platters relating to the restrictions, easements, encroachments, zoning, deed execution and progress of the wort: or the interprets- restrictions, boundaries, and contours of the building tion of the Contract Documents. site; locations, dimensions, and complete data pertain- ing to existing buildings, other improvements and b) He shall check and approve samples, schedules, shop trees; full information as to available service and drawings and other submissions only for conformance utility lines both public and private; and test borings writ] the design concept of the Project and for coo- and pits necessary for determining subsoil conditions. pliance with the information given by the Contract Documents, prepare change orders and assemble writ- 4 He shall pay for structural, chemical, mechanical, soil ten guarantees required of the Contractors. mechanics or other tests and reports if required. c) The Architect will make periodic V151t5 to the site : Ile shall arrange and pay for such legal and auditing to .familiarize himself generally with the progress and services as may be required for the Project. quality of the work and to determine in general of the C, If the Owner observes or otherwise becomes aware of wort: is proceeding in accordance with the Contract any defect in the Project, he shall give prompt written Documents. He will not be required to make exhaustive notice thereof to the Architect, or continuous on-site inspections to check the quality or quantity of the Nvork and he will riot be responsible for the Contractors' failure to carry out the construe- IV PROJECT CONSTRUCTION COST tion work in accordance with the Contract Documents. During such visits and of the basis of his observations 1 Project construction cost as herein referred to means while at the site, he will keep the Owner informed of the total cost of all work designed or specified by tine the progress of the work, will endeavor to guard the Architect, but does not include any payments made to Owner against defects and deficiencies in the work of the Architect or consultants. 2 Project construction cost shall be based upon one of the work progresses and in proportion to the work the following sources with precedence in the order completed by the contractor and at final acceptance or listed: occupancy of the building, the total fee not exceeding a) Lowest acceptable bona fide. Contractor's proposal the specified per cent of cost to Owner, shall be clue. received for any or all portions of the, Project. No deduction shall be made from the Architect's com- pensation on account of penalty,liquidated damages, or b) The Architect's latest statement of probable project other sums withheld from payments to contractors. construction cost bused on current area, volume or other unit costs. 3 When labor or material is furnished by the Owner, the VI TERMINATION OF AGREEMENT project construction cost shall include such labor and material at current market cost. This Agreement may be terminated by either party 4 If the estimated project construction cost or the lowest upon seven days' written notice should the other party fail substantially bona fide proposal is in excess of any limit stated here- to perform in accordance with its in, the Ovrner shall give written approval of an in- terms through no fault u the other. In the event i- crease in the limit, or he shall cooperate in revising termination, due to the fault of others than the Aorm- the project scope or quality, or both, to reduce the test, the Architect shall c paid for services perform- tile cost as required. ed to termination date, including reimbursements then due. b Since the Architect has no control over the cost of labor and materials, or competitive bidding, lie does not guarantee the accuracy of any statements or estimates VII OWNERSHIP OF DOCUMENTS of probable construction cost. Drawings and specifications as instruments of service V PAYMENTS TO THE ARICHITECT are the property of the Architect whether the Project for which they•are made be executed or not. They are PAYMENTS. Should this project require prelimin not to be used on oilier projects except by agreement ary Architectural service prior to a Bond Issue, Pre- liminary Fee may be deferred until after passing a Bond Issue. Should Owner desire to terminate Contract before a Bond Issue is approved, Fee for completed VII: SUCCESSORS AND ASSIGNS Preliminary service shall be due and payable. If any work designed or specified by the :\rchitect The Owner and the Architect each binds himself, his during any phase of service is abandoned or suspend- paAners, successors, assigns and legal representatives ed in whole or in part, the Architect is to be ►taicl for to the other party .. this Agreement and to the part- the service performed on account of it prior to receipt ners, successors, assigns and legal representatives of of written notice from the Owner of such abandon- such other party in respect to all covenants of this ment or suspension. Agreement. Neither the Owner nor the Architect shall assign,sublet or transfer his interest in this Agreement 1 Preliminary IT'ork. A sum equal to twenty-five per cent without the written consent of the other. (26%) of the total fee based upon the Architect's esti- mate of cost upon completion of preliminary ,work. 2 Contract Drawings and Specifications. A sum equal to IX ARBITRATION fifty per cent (50%v) of the total fee and based upon the Architect's estimate of costs and clue prior to Arbitration of all questions in dispute under this opening of bids. (This will be the same estimate as Agreement shall be at the choice of either party and referred to in paragraph 1. unless the scope of the work shall be in accordance with the provisions, then ob- is increased and then the estimate shall be increased twining, of the Standard Form of Arbitration Proced- only to that extent.) ure of The American Institute of Architects. This Agreement shall be specifically enforceable under the 3 Letting Contract, Details and Shop Drawings and Su- prevailing arbitration law and judgment upon the perui.rion. The balance of the total fee finally adjusted award rendered may be entered in the court of the upon the actual cost of completed construction based forum, state or federal, having jurisdiction. The decis- upon the lowest bona fide bid or bids of awarded cot- ions of the arbitrators shall be a condition precedent to tract. Payments under this paragraph shall be made as the right of any legal action. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement, the day and year first above written. Owner pig W + J.!N BL.Olid!S!-CY a r ah It—co By City Qwk Section 3. This ordinance shall take effect and be in force from and after itsa passage and approval* ' Passed: Approved s Vident of the Council or Attest: City Clerk ;i