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SECTION 2. The owner of all property adjacent to and abutting the
labove described potions of public street right of way having
, petitioned to the City Council to vacate and discontinue said
;areas as parts of public thoroughfares, and said petition for
.vacation having been referred to the Planning and Zoning Commission ..
for its study and consideration, and said Commission having
recommended that said vacation be made, it is hereby declared that it
the above described portions of presently existing public street it
right of way are forever vacated and discontinued as parts of public,
thoroughfares. I�
SECTION 3. The right of reversion to the owner or owners of the
public street right of way described in Section 1 of this ordinance,!
L"Coossouris the abutting and adjacent property owner or owners, is hereby fuily
nfirmed and approved as is provided by the statutes of the State of
and the Mayor and the City Clerk of the City of Jeffersoh. ,
ssouri, are hereby authorized and directed for and on behalf of
the City and in its name to execute all proper and sufficient
stings to fully and completely confirm the rights of reversion in ;i
and to the abutting property owners in connection with the vacation
of the portions of public thoroughfares as described above.
SECTION 4. This ordinance shall be in force and take effect from
and after its passage and approval. {�
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PASSED: Septeioaher 6, 1960 APPROVED: 9/9/60 l
C. F. Whaley Isl C. F. Whaley /s/
resident of the Council Mayor
j
Attest: l
Henry W. Ells /s/
' City Clerk
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RDINANCE NO. 696+ f�
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ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND 4i
IRECTING THE MAYOR AND THE CITY CLERK OF SAID CITY, FOR AND ON
EHALF OF THE CITY, TO EXECUTE A CONTRACT WITH THE BUSINESS FIRM OF
CHWARZ & VAN HOEFEN RELATING TO THE OFFLSTREET MUNICIPAL PARKING
OT LOCATED AT THE INTERSECTION OF CAPITOL AVENUE AND MADISON STREETy
E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOUR ,
S FOLLOWS:
ECTION 1. The Mayor and the City Clerk of the City of Jefferson, I
Missouri, are hereby authorized and directed, for and on behalf of s,"id
sty, to enter into and execute a contract with the engineering firm'
f Schwarz & Van Hoefen relating to services to be performed by said;
ngineering firm r6lative to the municipal off street parking lot tol
e located at the intersection of Capitol Avenue and Madison Street.!'
, ECTION 2. Said contract to be executed by the Mayor and the City
Jerk of said city with the firm of, Schwarz & Van Hoefen shall read
n words and figures as follows:
HIS AGREEMENT made as of the twenty-second day of July in the year
ineteen Hundred and Sixty by and between The City of Jefferson, �I
ereinafter called the Owner, and Schwarz & Van Hoefen, hereinafter
celled the Architect, WITNESSETH, that whereas . the Owner intends to
rect a multi-story Parking Structure on the Southeast corner of
apitol Avenue and Madison Street in Jefferson City, Missouri a site;
pproximately 150' x 200' hereinafter called the Project.
POW, THEREFORE, the Owner and the Architect for the 'considerations
ereinafter named, agree as follows: ;i
A. The ARchitect agrees to perform, for the above-named Project, j
professional services as hereinafter set forth.
$. The Owner agrees to pay the Architect for such services a fee
of six (6%) per cent of the construction cost of the Project, with i
bther payments and reimbursements as hereinafter provided, the said {I
percentage being hereinafter called the Basic Rate.
The parties hereto further agree to the following conditions: i
1. THE ARCHITECT' S SERVICES.
The Architect' s professional services consist of the necessary
onferences, the preparation of preliminary studies, working drawings,
pecifications, large scale and full size detail drawings, for
��rchitectural, structural, plumbing, heating, electrical, and other
I work; assistance in the drafting of forms of proposals
1�' nd contracts; the issuance of Certificates for Payment; the keeping
(pf accounts and the general administration of the construction
ontracts.
2. REIMBURSEMENTS.
The owner is to reimburse the Architect the cost of all
reproductions of drawings, the cost of any special consultants othe
than for normal plumbing, heating, electrical, and other mechanical
kaork and those included in the design and layout of the project, an
other disbursements on his account approved by the owner, but not
Lnc. consultants on the economic feasibility & operational aspects
:)f the project.
i 4. EXTRA SERVICES AND SPECIAL CASES
f�
If the Architect is caused extra drafting or other expense due
{jto changes ordered by the owner, or due to the delinquency or
insolvency of the owner or Contractor, or a s a result of damage by
fire, he shall be equitably paid for such extra expense and the sere
vice involved.
{I If any work designed or specified by the Architect is abandone
or suspended, in whole or in part, the Architect is to be paid for
the service rendered on account of it.
I� 5. PAYMENTS
Payments to the Architect on account of his fee shall be made
las follows, subject to the provisions of Article 4:
Upon completion of the preliminary studies, a sum equal to 25%
((!of the basic rate computed upon a reasonable estimated cost.
(`' During the period of preparation of specifications and general
1�` orking drawings, monthly payments, aggregating at the completion
hereof, a sum sufficient to increase payments to 75% of the rate or
rates of commission arising from this Agreement, computed upon a
reasonable cost estimated on such completed specifications and
drawings, or if bids have been received, then computed upon the lowest
bona fide; bid or bids.
From time to time during the execution of work and in proportion
to the amount of service rendered by the Architect, payments shall
1 1be made until the aggregate of all payments made on account of the
i.Architect' s compensation under this Article, but not including any
covered by the provisions of Article 4, shall be a sum equal to the
pirate or rates of commission arising from this Agreement, computed
!upon the final cost of the Project.
ii Payments to the Architect, other than those on his compensatio ,
{':fall due time to time as his work is done or as costs are incurred.
fj No deductions shall be made from the Architect' s compensation n
+account of penalty, liquidated damages, or other sums withheld fro
0payments to contractors.
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i 6. INFORMATION FURNISHED BY OWNER.
The Owner shall, so far as the work under this Agreement may require,
urnish the Architect with the following information: Complete and
Accurate survey of the building site, giving the grades and lines of
treets, pavements, and adjoining properties; the rights, restrictions,
asements, boundaries, and contours of the building site, and full
nformation as to sewer, water, gas and electrical service. The Owner is to
ay for borings or test pits and for chemical, mechanical, or other
bests when required.
The Owner shall provide all legal advice and services required
or the operation.
7. GENERAL ADMINISTRATION.
The Architect will endeavor by general administration of the
onstruction contracts to guard the Owner against defects and I
eficiencies in the work of contractors, but he does not guarantee tl4p
erformance of their contracts. The general administration of the
rchitect is to be distinguished from the continuous on-site inspec- ';
ion of a Project Inspector. il
When authorized by the Owner, a Project Inspector acceptable toi
th Owner and Architect shall -be engaged by the Architect at a
salary satisfactory to the Owner and paid by the Owner, upon presentat ion
if the Architect' s monthly statements.
8. PRELIMINARY ESTIMATES
When requested to do so the architect will furnish preliminary
estimates on the cost of the Project, but he does not guarantee such {�
estimates. l
9. CONSTRUCTION COST OF THE PROJECT.
The construction cost of the Project, as herein referred to
ens the cost to the Owner, but such cost shall not include any _
chitect' s or special consultants' fees or reimbursements or the cost
9 a Project Inspector.
When labor or material is furnished by the Owner below its market
st, the cost of the work shall be computed upon such market cost.
10. OWNERSHIP OF DOCUMENTS.
Drawings and specifications as instruments of service are the
operty of the Architect whether the work for which they are made bet.
ecuted or not, and are not to be used on other work except by
reement with the Architect. j
11. SUCCESSORS AND ASSIGNMENTS.
The Owner and the Architect;, each binds himself, his partners, �!
s ccessors, legal representatives, and assigns to the other party to �I
t is Agreement, and to the partners, successors, legal representativep
d assigns of such other party in respect to all covenants of this
reement.
Except as above, neither the Owner nor the Architect shall assig„
sublet or transfer his interest in this Agreement without written consent
of the other.
12. ARBITRATION.
Arbitration of all questions in dispute under this Agreement shall
b at the choice of either party and shall be in accordance with the
p ovisions, then obtaining, of the Standard Form of Arbitration !!
P ocedure of The American Institute of Architects. This Agreement
s all be specifically enforceable under the prevailing arbitration
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1 w and judgment upon the award rendered may be. entered in the court Qf
t e forum, state or federal, having jurisdiction. The decision of
t e arbitrators shall be a condition precedent to the right of any
1 gal action.
13. It is further agreed that if more than four (4) inspection
trips are required during the construction period, they are to be appFoved
by the owner in advance, and paid for by the owner at a rate of Fifty
llars ($50.00) per day.
14. The Architect shall furnish five (5) complete sets of
rking drawings and specifications. Additional sets to be paid for ((
by the Owner as a reimbursible item under Article 2 of this agreemgnt.
15. The Architect shall furnish a reproducible set of final
rawings for the Owner' s records.