HomeMy Public PortalAboutORD15834 BILL NO. 2018-051
SPONSORED BY Councilman Hussey
ORDINANCE NO. I5
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE FISCAL
YEAR 2017-2018 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY
APPROPRIATING ADDITIONAL FUNDS WITHIN THE JC VETERANS PLAZA TRUST
FUND.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. There is hereby a supplemental appropriation within the JC Veterans
Plaza Trust Fund $5,000 as indicated on Exhibit A, attached hereto.
Section 2. This Ordinance shall be in full force and effect from and after the date of
its passage and approval.
Passed: Od -'r �) 2.06 Approved:
(26—aitue_ (-01144/L
Presiding Officer 4 Mayor Carrie Tergin
ATTEST: APPROVED AS TO FORM:
* 011/1
City Clerk, City Cpu :elor
CERTIFICATION BY MAYOR
Pursuant to Article VII, Section 7.1(5.) Of the Charter of the City of Jefferson, Missouri, I
hereby certify that the sums appropriated in the ordinance are available in the various
funds to meet the requirements of this bill.
QiV t4-e-
Mayor
Bill 2018-051
Exhibit A
SUPPLEMENTAL APPROPRIATIONS
FISCAL YEAR 2017-2018 BUDGET
JC Veterans Plaza Trust Fund:
Revenue
22-100-495995 Transfer from Surplus1 $ 5,000
Expenditure
22-820-540040 Veterans Plaza Maintenance & Repair $ 5,000
1The audited fund balance of the JC Veterans Plaza Trust Fund at the end fiscal year 2017 was
$132,324.
**NOTE: If work has not been completed at the end of fiscal year 2018, then any remaining funds
for this project will be reappropriated to fiscal year 2019
"..
CITY OF JEFFERSON
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT, made and entered into the date last executed by a party as
indicated below, by and between the City of Jefferson, a municipal corporation of the
State of Missouri, hereinafter referred to as the "City", with offices at 320 East
McCarty, Jefferson City, Missouri, 65101, and The Architects Alliance, Inc.,
hereinafter referred to as the "Contractor", with offices at 631 W. Main Street,
Jefferson City, Missouri 65101.
WITNESSETH:
THAT WHEREAS, the City desires to engage the Contractor to render certain
services for modifications to Veteran's Memorial Plaza, hereinafter described in
Exhibit A.
WHEREAS, Contractor has made certain representations and statements to
the City with respect to the provision of such services and the City has accepted said
proposal to enter into a contract with the Contractor for the performance of services
by the Contractor.
NOW THEREFORE, for the considerations herein expressed, it is agreed by
and between the City and the Contractor as follows:
1. Scope of Services. The City agrees to engage the services of the Contractor to
render certain services for modifications to Veteran's Memorial Plaza, hereinafter
described in Exhibit A. In the event of a conflict between this agreement and any
attached exhibits, the provisions of this agreement shall govern and prevail.
2. Term. Contractor agrees with the City to furnish all supervision, labor, tools,
equipment, materials and supplies necessary to perform, and to perform said work at
Contractor's own expense in accordance with the contract documents and any
applicable City ordinances and state and federal laws, within ninety (90) days from
the date Contractor is ordered to proceed, which order shall be issued by the Director
of Public Works within ten (10) days after the date of this contract.
3. Additional Services. The City may add to Contractor services or delete
therefrom activities of a similar nature to those set forth in Exhibit A, provided that
the total cost of such work does not exceed the total cost allowance as specified in
paragraph 7 hereof. The Contractor shall undertake such changed activities only
upon the direction of the City. All such directives and changes shall be in written
form and approved by the Director of Public Works and shall be accepted and
countersigned by the Contractor or its agreed representatives.
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4. Existing Data. All information, data and reports as are existing, available
and necessary for the carrying out of the work, shall be furnished to the Contractor
without charge by the City, and the City shall cooperate with the Contractor in every
reasonable way in carrying out the scope of services. The Contractor shall not be
liable for the accuracy of the information furnished by the City.
5. Personnel to be Provided. The Contractor represents that Contractor has or
will secure at its expense all personnel required to perform the services called for
under this contract by the Contractor. Such personnel shall not be employees of or
have any contractual relationship with the City except as employees of the
Contractor. All of the services required hereunder will be performed by the
Contractor or under the Contractor's direct supervision and all personnel engaged in
the work shall be fully qualified and shall be authorized under state and local law to
perform such services. None of the work or services covered by this contract shall be
subcontracted except as provided in Exhibit A without the written approval of the
City.
6. Notice to Proceed. The services of the Contractor shall commence as directed
in the Notice to Proceed, and shall be undertaken and completed in accordance with
the schedule contained in Exhibit A.
7. Compensation. The total amount for professional services rendered under
this shall not exceed Five Thousand Dollars ($5,000.00) for all Contractor services.
No change in compensation shall be made unless there is a substantial and
significant difference between the work originally contemplated by this agreement
and the work actually required.
8. Failure to Perform, Cancellation. If, through any cause, the Contractor shall
fail to fulfill in timely and proper manner its obligations under this contract, or if the
Contractor shall violate any of the covenants, agreements, or stipulations of this
contract, the City shall thereupon have the right to terminate this contract by giving
written notice to the Contractor of such termination and specifying the effective date
thereof, at least five (5) days before the effective day of such termination. The
Contractor may without cause terminate this contract upon 30 days prior written
notice. In either such event all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, and reports or other materials
prepared by the Contractor under this contract shall, at the option of the City,
become its property, and the compensation for any satisfactory work completed on
such documents and other materials shall be determined. Notwithstanding the
above, the Contractor shall not be relieved of liability to the City for damages
sustained by the City by virtue of any such breach of contract by the Contractor.
9. Assignment. The Contractor shall not assign any interest in this contract,
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and shall not transfer any interest in the same (whether by assignment or novation),
without prior written consent of the City thereto. Any such assignment is expressly
subject to all rights and remedies of the City under this agreement, including the
right to change or delete activities from the contract or to terminate the same as
provided herein, and no such assignment shall require the City to give any notice to
any such assignee of any actions which the City may take under this agreement,
though City will attempt to so notify any such assignee.
10. Confidentiality. Any reports, data or similar information given to or
prepared or assembled by the Contractor under this contract which the City requests
to be kept as confidential shall not be made available to any individual or
organization by the Contractor without prior written approval of the City.
11. Nondiscrimination. The Contractor agrees in the performance of the contract
not to discriminate on the grounds or because of race, creed, color, national origin or
ancestry, sex, religion, handicap, age or political affiliation, against any employee of
consultant or applicant for employment and shall include a similar provision in all
subcontracts let or awarded hereunder.
12. Independent Contractor. The Contractor is an independent contractor and
nothing herein shall constitute or designate the Contractor or any of its employees as
agents or employees of the City.
13. Benefits not Available. The Contractor shall not be entitled to any of the
benefits established for the employees of the City and shall not be covered by the
Workmen's Compensation Program of the City.
14. Liability. The parties mutually agree to the following:
a. In no event shall the City be liable to the Contractor for special,
indirect, or consequential damages, except those directly or
approximately caused by the City arising out of or in any way connected
with this contract.
b. The Contractor shall indemnify and hold the City harmless from and
against all claims, losses and liabilities arising out of personal injuries,
including death, and damages to property to the extent caused by any
negligent act or omission on the part of the Contractor related to the
services performed under this contract.
15. Insurance. Contractor shall provide, at its sole expense, and maintain during
the term of this agreement commercial general liability insurance with a reputable,
qualified, and financially sound company licensed to do business in the State of
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Missouri, and unless otherwise approved by the City, with a rating by Best of not less
than "A," that shall protect the Contractor, the City, and the City's officials, officers,
and employees from claims which may arise from operations under this Agreement,
whether such operations are by the Contractor, its officers, directors, employees and
agents, or any subcontractors of Contractor. This liability insurance shall include,
but shall not be limited to, protection against claims arising from bodily and personal
injury and damage to property, resulting from all Contractor operations, products,
services or use of automobiles, or construction equipment at a limit of$500,000 Each
Occurrence, $3,000,000 Annual Aggregate; provided that nothing herein shall be
deemed a waiver of the City's sovereign immunity. An endorsement shall be
provided which states that the City is named as an additional insured and stating
that the policy shall not be cancelled or materially modified so as to be out of
compliance with the requirements of this section, or not renewed without 30 days
advance written notice of such event being given to the City.
16. Documents. Reproducible copies of tracings and maps prepared or obtained
under the terms of this contract shall be delivered upon request to and become the
property of the City upon termination or completion of work. Copies of basic survey
notes and sketches, charts, computations and other data prepared or obtained under
this contract shall be made available, upon request, to the City without restrictions
or limitations on their use. When such copies are requested, the City agrees to pay
the Contractor its costs of copying and delivering same.
17. Nonsolicitation. The Contractor warrants that they had not employed or
retained any company or person, other than a bona fide employee working solely for
the Contractor, to solicit or secure this contract, and that they have not paid or
agreed to pay any company or person, other than a bona fide employee working solely
for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this
contract. For breach or violation of this warranty, the City shall have the right to
annul this contract without liability, or, in its discretion, to deduct from the contract
price or consideration, or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gifts, or contingent fee.
18. Books and Records. The Contractor and all subcontractors shall maintain all
books, documents, papers, accounting records and other evidence pertaining to costs
incurred in connection with this contract, and shall make such materials available at
their respective offices at all reasonable times during the contract and for a period of
three (3) years following completion of the contract.
19. Delays. That the Contractor shall not be liable for delays resulting from
causes beyond the reasonable control of the Contractor; that the Contractor has
made no warranties, expressed or implied, which are not expressly set forth in this
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contract; and that under no circumstances will the Contractor be liable for indirect or
consequential damages.
20. Illegal Immigration.
Prior to commencement of the work:
a. Contractor shall, by sworn affidavit and provision of documentation,
affirm its enrollment and participation in a federal work authorization
program with respect to the employees working in connection with the
contracted services.
b. Contractor shall sign an affidavit affirming that it does not knowingly
employ any person who is an unauthorized alien in connection with the
contracted services.
c. If Contractor is a sole proprietorship, partnership, or limited
partnership, Contractor shall provide proof of citizenship or lawful
presence of the owner.
21. Notices. All notices required or permitted hereinunder and required to be in
writing may be given by first class mail addressed to the City of Jefferson,
Department of Public Works, 320 East McCarty, Jefferson City, Missouri, 65101, and
The Architects Alliance, Inc., at 631 W. Main Street, Jefferson City, Missouri, 65101.
The date and delivery of any notice shall be the date falling on the second full day
after the day of its mailing.
CITY OF JEFFERSON, MISSOURI THE ARCHITECT'S ALLIANCE, INC.
4111.
C6A,ce
iVititero.A0
Mayor Title: `rte
Date: \D\f Date: 1-"&718
ATTEST: ATTEST:
4ztnefeezeiDalugh _City Clerk Title:
APPROVED AS TO FORM:
City C selor
5
EXHIBIT A
A Bre 1�11C. 631 WEST MAIN STREET JEFFERSON CITY,MISSOURI 85101-1598 (573)636-5000 FAX(573)638.6133
July 2, 2018
Britt Smith, P.E., Operations Division Director
City of Jefferson
320 E. McCarty St.
Jefferson City, Missouri 65101
RE: Professional Services Proposal
Veteran's Plaza
Jefferson City Police Department
401 Monroe Street,Jefferson City, Missouri
Dear Mr. Smith:
Please find herein The Architects Alliance, Inc. Professional Services Proposal for work related to
Veteran's Plaza Memorial Phase One - Modifications. Should the Owner decide to proceed with Phase
Two — Expansion, The Architects Alliance will submit a supplementary proposal, including engineering
disciplines as required. The following includes Project Definition, Architect Responsibilities, Owner
Responsibilities, and Proposed Compensation.
A. PROJECT DEFINITION
The Project is envisioned as two phases; Phase One - Modifications and Phase Two - Expansion. Only
Phase One - Modifications is anticipated at this time with limited documents by the Architect in order
for City Staff to oversee the work. Phase Two- Expansion is anticipated in the future and may require
Architectural, Civil, and Electrical Engineering. The purpose of this letter is to define Phase One —
Modifications scope of work. Phase one shall include renovations / alterations to brick pavers, stone
coping, adjacent sidewalks, and landscaping as directed by the Owner in order to increase the capacity
of memorial engravings. Phase One—Modifications also includes preliminary planning for Phase Two—
Expansion.See Exhibit A—project area.
B. ARCHITECT RESPONSIBILITIES
The Architects Alliance shall provide services including field verification, CAD backgrounds, project
meetings, design options, and preparation of limited documents as requested by the Owner for
implementation of Phase One - Modifications. Chris Neff shall serve as Project Manager and Cary
Gampher shall serve as Project Principal.
C. OWNER RESPONSIBILITIES
The Owner's contacts shall be Steve Crowell, City Administrator and Britt Smith, P.E..The Owner shall be
available to meet with the Architect and review the progress of work so as to promote a consistent flow
and responsive architecture. The Owner shall provide initial information including accurate drawings,
budget expectations, and schedule expectations for the work. The Owner shall review the progress of
work in each phase, provide written feedback, and authorize subsequent work to proceed. The Owner
shall provide the Architect on-site access for field observation/verification.
LARRY D.BRANDHORST,AIA • CARY J GAMPHER,AIA
E.PROPOSED COMPENSATION
Professional Services Compensation for Phase One—Conceptual Design shall be hourly according to the
rates herein, not-to-exceed $5,000 with any savings to benefit City of Jefferson. In order to conserve
costs, only limited Project Manager time shall be invoiced and Project Principal time shall be donated.
Only Phase One — Memorial Modifications is authorized at this time, with compensation due and
payable monthly as invoiced by the Architect. Should the project proceed with Phase Two, the Owner
shall solicit a proposal for Phase Two implementation from the Architects Alliance, Inc.
If the Basic Services of the Architect are changed or the Owner requests additional services of the
Architect, the Architect's compensation shall be adjusted through a mutually agreed lump sum amount
for services with a pre-determined scope of work or on an hourly basis per Architect's hourly rates listed
below. For Changed Scope of Basic Services or Additional Services of our consultants, compensation
shall be computed as a multiple of 1.15 times the amount billed to the Architect for such services.
The Architects Alliance,Inc.
Employee or Category Rate
Principal/Architect $110
Project Manager $9S
Intern Architect/Senior Draftsperson $80
Drafting Technician $70
Admin Support $50
Basic Services fee includes reimbursable expenses such as telephone, printing three sets of review
documents & computer plotting. Reimbursable expenses not included in our architectural fees include
out of town travel & mileage, printing multiple copies of review drawings and presentation documents,
printing and distribution costs of bidding documents and professional renderings. Reimbursable
expenses include an overhead cost equal to ten percent of expenses.
It is an honor to provide this professional services proposal to the City of Jefferson. We sincerely believe
this proposal offers high quality local talent with immediate access to City Hall, The Architects Alliance
studio, and the project site. Upon your authorization, we are prepared to immediately begin the work
described herein. Thank you.
Authorized By:
Sincerel
r
ielift (Printed Name)
(Signature)
Cary J. Gampher,AIA
(Date)
Per Missouri Statute Chapter 429 Statutory Liens Against Real Estate the following notice has been provided.
NOTICE TO OWNER
FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN
THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429,RSMO. TO
AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR"LIEN WAIVERS"FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR
THE WORK DESCRIBED IN HIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL
TWICE.
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