HomeMy Public PortalAboutORD14859 BILL NO. 2011-75
SPONSORED BY COUNCILMAN Harvey
ORDINANCE NO. ) ,q- Y��)
AN ORDINANCE OF THE CITY OF JEFFESON, MISSOURI, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PECKHAM AND WRIGHT
ARCHITECTS, INC., FOR ARCHITECTURAL SERVICES FOR EXISTING FIRE STATION
IMPROVEMENT PROJECT - PHASE III.
WHEREAS, Peckham and Wright Architects, Inc., has been selected as the firm best
qualified to provide professional services related to architectural services for
Existing Fire Station Improvement Project - Phase III.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI AS FOLLOWS:
Section 1. Peckham and Wright Architects, Inc., is hereby approved as the best
qualified firm to provide professional services and its proposal is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement
with Peckham and Wright Architects, Inc., for the architectural services for Existing Fire Station
Improvement Project- Phase III.
Section 3. The agreement shall be substantially the same in form and content as that
agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date of its
passage and a proval.
Passed: G' �� / ��1� Approved: )-pal
Presiding Office Mayor
ATTEST: APPROVED AS TO FORM:
�-
'City Clerk im City Counselor
CITY OF JEFFERSON
CONTRACT FOR PROFESSIONAL SERVICES
ARCHITECTURAL and ENGINEERING SERVICES
THIS CONTRACT, made and entered into this ` ?- day of October, 2011, 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 Peckham & Wright
Architects, Inc., 15 South Tenth Street, Columbia, Missouri 65201, hereinafter referred to as the
"Consultant."
WITNESSETH:
THAT WHEREAS, the City desires to engage the Consultant to render architectural services
for design and specification bid documents for the improvement of existing Jefferson City Fire
Stations.
THAT WHEREAS, Consultant has made certain representations and statements to the City
with respect to the provision of such services and the City has accepted said proposal for design
and specification bid documents for the improvement of existing Jefferson City Fire Stations to
enter into a contract with the Consultant for the performance of services by the Consultant.
NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the
City and the Consultant as follows:
1. Scope of Services.
The City agrees to engage the services of the Consultant to render architectural services as set
forth in the attached design and specification bid documents for the improvement of existing
Jefferson City Fire Stations.
2. Additions or Deletions to Services.
The City may add to consultant services or delete therefrom activities of a similar nature. The
Consultant 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 City Administrator and shall
be accepted and countersigned by the Consultant or its agreed representatives.
3. 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 Consultant without charge by the City, and the City shall
cooperate with the Consultant in every reasonable way in carrying out the scope of services.
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4. Personnel to be Provided.
The Consultant represents that the Consultant has or will secure at its expense all personnel
required to perform the services called for under this contract by the Consultant Such personnel
shall not be employees of the City or have any contractual relationship with the City except as
employees of the Consultant. All of the services required hereunder will be performed by the
Consultant or under the Consultant'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 without
the written approval of the City.
5. Notice to Proceed.
The services of the Consultant shall commence as directed in the Notice to Proceed.
6. Compensation.
The City agrees to pay the Consultant in progress payments, as established by the City. The
final payment will be subject to receipt of a requisition for payment and a statement of services
rendered from the Consultant certifying that the Consultant fully performed all work to be paid
for in such progress payments in conformance with the contract. It is expressly understood that
in no event will the total compensation and reimbursement to be paid to the Consultant under
the terms of this contract for Phase I services exceed the sum of Twenty -Seven Thousand Eight
Hundred Dollars ($27,800.00) and no additional cost for services required unless specifically and
mutually agreed to in writing by both the City and Consultant. Services shall be provided and
computed on an hourly basis as stipulated in Exhibit A.
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.
7. Failure to Perform, Cancellation.
If, through any cause, the Consultant shall fail to fulfill in timely and proper manner its
obligations under this contract, or if the Consultant 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 Consultant of such termination and specifying the
effective date thereof, at least five (5) days before the effective day of such termination. The
Consultant or the City may terminate this contract upon thirty (30) days prior written notice.
In the event of termination, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the
Consultant under this contract shall, at the option of the City, become its property, and the
Consultant shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
8. Assignment.
The Consultant shall not assign any interest in this contract, 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
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any notice to any such assignee of any actions which the City may take under this agreement,
though the City will attempt to so notify any such assignee.
9. Confidentiality.
Any reports, data or similar information given to or prepared or assembled by the Consultant
under this Contract which the City requests to be kept as confidential shall not be made
available to any individual or organization by the Consultant without prior written approval of
the City.
10. Nondiscrimination
The Consultant 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 the Consultant or applicant for employment and shall
include as similar provision in all subcontracts let or awarded hereunder
11. Independent Contractor.
The Consultant is an independent contractor and nothing contained herein shall constitute or
designate the Consultant or any of its agents or employees as agents or employees of the City.
12. Benefits Not Available.
The Consultant shall not be entitled to any of the benefits established for the employees of the
City nor be covered by the Workman's Compensation Program of the City.
13. Liability.
The parties mutually agree to the following:
(a) In no event shall the City be liable to the Consultant for special, indirect or
consequential damages, except those caused by the City's negligence arising out
of or in any way connected with a breach of this contract. The maximum
liability of the City shall be limited to the amount of money to be paid or
received by the City under this contract.
(b)
The Consultant shall indemnify and hold the City harmless from and against all
claims, losses and liabilities arising out of personal injuries, including death, and
damage to property which are caused by the acts, errors and omissions of
Consultant for which they would be otherwise legally liable, arising out of or in
any way connected with this contract.
14. Documents.
Reproducibles 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 the 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 Consultant its costs of copying and delivering same.
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15. Nonsolicitation.
The Consultant warrants that he has not employed or retained any company or person, other
than a bona fide employee working solely for the Consultant, to solicit or secure this contract,
and that he has not paid or agreed to pay any company or person, other than a bona fide
employee working solely for the Consultant, 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.
16. Books and Records.
The Consultant and all his 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.
17. Delays.
The Consultant shall not be liable for delays resulting from causes beyond the reasonable control
of the Consultant; the Consultant has made no warranties, expressed or implied, which are not
expressly set forth in this contract; and under no circumstances will the Consultant be liable for
indirect or consequential damages.
18. Notices.
All notices required or permitted hereunder and required to be in writing may be given by first
class mail addressed to the City of Jefferson, c/o the City Administrator, at 320 East McCarty
Street, Jefferson City, Missouri, 65101, and Peckham & Wright Architects, Inc., 15 South Tenth
Street, Columbia, Missouri, 65201. The date and delivery of any notice shall be the date falling
on the second full day after the day of mailing.
19. Point Of Contact
The Architect shall consider Mr. Steve Rasmussen, City Administrator, as the designated Owner
representative until notified otherwise.
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 prior to issuance of the
Notice to Proceed.
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20. Law to Govern.
This contract shall be governed by the laws of the State of Missouri as to both interpretation and
performance.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day
of October, 2011.
CITY OF JEFFERSON, MISSOURI
ATTEST:
APPROVED AS TO FORM:
Interim City Counselor
PECKHAM & WRIGHT
E S, INC.
Title: 4 CJAAc-.
ATTEST:
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Exhibit A — Phase III
Scope of Services
For
Architectural Services
Design and Specification Bid Documents for the Improvement of Existing Jefferson City
Fire Stations
General Description of Project:
This project will involve preparing bid documents for the repair and improvement of
existing fire stations as generally outlined in the report prepared by Peckham and Wright
Architects, Inc, dated March 17, 2011 entitled City of Jefferson Missouri Facility Study
of Existing Fire Stations (JCMOFS).
A. Design & Construction Services:
Task 1 - FINAL DESIGN and DELIVERABLES (Hourly Not -to- Exceed $22,420.00)
• Develop a maintenance list for each station of small projects contained in the
JCMOFS report that should be completed outside of this contract. These items
would include small items that could be accomplished by service contractors.
• Develop competitive bid package(s) for major health safety items contained in the
report. Specifically the projects that have been identified are as follows:
• Replacement of aging HVAC equipment and design related to the inclusion of
fresh air into the HVAC systems for Stations 1, 2, 4, and 5.
• Design for the inclusion of vehicle exhaust systems for stations 1, 2, 3, 4, and
5.
• Design for the replacement of exhaust fans for the bathrooms in stations 1, 2,
4 and 5.
• The bid proposal package(s) shall include but is not limited to a listing of pay
items, engineer's estimate of pay items, and technical provisions related to the bid
items proposal.
• The bid proposal package(s) shall be submitted to the City electronically and in
paper format.
• Submit signed and sealed original specifications set to the City
• Male necessary site investigations and attend design meetings with staff to
produce bid package(s) plans.
Task 2 - BIDDING /CONSTRUTION PHASE (Hourly Not -To- Exceed $ 2,380.00)
• Attend Prebid, Preconstruction and other meeting as requested by City
• Review /Approve Shop Drawings and other Submittals per City request
• Answer Questions and Provide Clarifications as requested by City
Task 3 — SPECIAL INVESTIGATIONS (Hourly Not -To- Exceed $ 3,000.00)
This tasks includes items not contemplated during the original scoping of project. Tasks
may include repetitive meeting attendance, unforeseen site investigations, property
research, environmental screenings, etc. The work contained under this item shall be
specifically agreed to by the Consultant and City and billed an hourly cost plus basis in
accordance with the attached fee schedule.
B. TIME FOR COMPLETION
1. Task 1 — FINAL DESIGN 6 weeks from notice to proceed
2. Task 2 - 3 — DURATION OF BIDDING AND CONSTRUCTION PHASE OF
PROJECT
C. SUMMARY OF FEES
FINAL DESIGN $ 22,420.00
BIDDING /CONSTRUTION PHASE $ 2,380.00
SPECIAL INVESTIGATIONS AND MEETING ATTENDANCE $ 1000.00
TOTAL NOT -TO- EXCEED $ 27,800.00