HomeMy Public PortalAboutORD14690 BILL NO. 2010-30
SPONSORED BY COUNCILMAN PENFOLD
ORDINANCE NO. 14i' /C�C?
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BNIM ARCHITECTS
FOR PARKING GARAGE COST AND GEOTECHNICAL EVALUATION.
WHEREAS, BNIM Architects has been selected as the firm best qualified to provide
professional services related to the parking garage cost and geotechnical
evaluation project.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1 . BNIM Architects 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 BNIM Architects for parking garage and geotechnical evaluation project.
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 approval.
Passed:Aw'-ru AI, Appro
siding Officer Mayor
ATTEST: APPROVED AS TO FORM:
j,
City Clerk City Counselor
CONTRACT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this ,Day ofr2010, by and between the City of
Jefferson, Missouri, a municipal corporation, hereinafter referred to as the "City" with offices at
320 East McCarty, Jefferson City, Missouri, 65101, and BNIM Architects, Consultant, hereinafter
referred to as the "Consultant".
WITNESSETH:
THAT, WHEREAS, the City desires to engage the Consultant to render certain technical
and professional planning services a new parking structure project hereafter described in Exhibit
A.
WHEREAS, the Consultant 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 Consultant for the performances 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 perform
the services hereinafter set forth in connection with the new parking structure project described in
Exhibit A.
2. Additional Services. The City may add to consultant 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 6 hereof. 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 Director of Community Development
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. The Consultant shall not be liable for the accuracy of the information furnished by the
City.
4. Personnel to be Provided. The Consultant represents that 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 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 except as provided in Exhibit A without the written approval of the City.
WContract Fllestsamples\BNIM-Parking facilltympd
5. Notice to Proceed. The services of the Consultant shall commence as directed in the
Notice to Proceed and shall be undertaken and completed in accordance with the schedule
contained in Exhibit A.
6. Compensation. The City agrees to pay the Consultant in accordance with the terms set
forth in Exhibit A, which shall constitute complete compensation for all services to be rendered
under this contract. The final payment will be subject to receipt of a requisition for payment and a
statement of services rendered 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 exceed the sum of Forty-Two Thousand Three Hundred Twenty-Six Dollars
($42,326.00)for all services required unless specifically and mutually agreed to in writing by both
the City and Consultant. Such compensation will be paid in progress payments, as specified in
Exhibit A, except ten percent (10%) shall be withheld from each phase until it is satisfactorily
completed and the finished product for that phase delivered to the City. 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 may without cause terminate this contract upon 30 days prior
written notice. hi either such event 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 compensation for
any satisfactory work completed on such documents and other materials shall be determined.
Notwithstanding the above, the Consultant 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 Consultant.
8. Assigmnent. 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
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.
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.
UAContraci Fileslsamples\BNIM.Parking facllilymod 2
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 consultant or applicant for
employment and shall include a similar provision in all subcontracts let or awarded hereunder.
11. Independent Contractor. The Consultant is an independent contractor and nothing
herein shall constitute or designate the Consultant or designate the Consultant or any of its
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 not be covered by the Workmen'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 directly or approximately caused by the City arising out of or
in any way connected with this contract.
b. The Consultant shall defend, 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 Consultant arising out of or in any way connected
with this contract.
14. Documents. That reproducible 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 Consultant its costs of copying and delivering same.
15. Nonsolicitation. The Consultant warrants that he had 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
WCantract Files\sampleMBNIM-Parking facilitymptl 3
all reasonable times during the Contract and for a period of three (3) years following completion
of the Contract.
17. Delays. That the Consultant shall not be liable for delays resulting from causes
beyond the reasonable control of the Consultant; that the Consultant has made no warranties,
expressed or implied, which are not expressly set forth in this Contract; and that under no
circumstances will the Consultant be liable for indirect or consequential damages.
18. Illegal Immigration.
Prior to commencement of the work:
a. Contractor shall, by swom 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.
19. 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 Community
Development, 320 East McCarty, Jefferson City, Missouri, 65101, and the Consultant, at BNIM
Architects, 106 West 14" Street, Suite 200, Kansas City, Missouri, 64105. The date and delivery
of any notice shall be the date falling on the second full day after the day of its mailing.
EXECUTED THIS 4�213AY OF JUNE, 2010.
CITY OF JEFFERSON BNIM
Mayor z' itle:
T: % ATTEST:
City Clerk Title: u A ,,
APPRPYED AS TO FORM:
City unselor
LIAConlract Files\samplesMIM-Parking/acility.wptl 4