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HomeMy WebLinkAboutRES.2475.07-20-2009 BILL NO. 09-131 RESOLUTION NO. �j� , �� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH MITCHELL B. MALONE FOR THE SHAWNEE PARK COMMUNITY CENTER AND SHAWNEE PARK RENOVATIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE l . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement for Professional Services with Mitchell B . Malone for the Shawnee Park Community Center and Shawnee Park renovations, in the City of Cape Girardeau, Missouri . A copy of said Agreement is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS �� DAY OF �^ , 20 (,�-� . � """nr.,, Ja . Knudtson, Mayor ATTEST: � �IRA,RD� ��`� � �� � ���IQ�C� '� '�V� Gay e L. Conrad, City Clerk � � � ✓ '� O , �i► � -- ' ��� �'� �'<� ��E IINION ~ � � ���� � STANDARD FORM OF AGREEMENT - BETWEEN OWNER AND ARCHITECT FOR PROFESSIONAL SERVICES T'his is an agreement made as of July 21,2009 between Ci �of Cape Girardeau,Missouri (OWNER) and Mitchell Blake Malone.Architect (ARCHITECT). OWNER intends to Construct a New Community Center and two (2)New Concessions Buildings. (hereinafter called the project). The OWNER and the ARCHITECT in consideration of their mutual covenants herein agree in respect of the performance of professional services by the ARCHIT'ECT and the payment for those services by the OWNER as set forth below. Wherever the term Architect is used in this agreement,it shall mean Mitchell Blake Malone Architect.,a qualified professional azchitect company and architect's subcontractors assigned to the project. Wherever the term "Contractor"is used,it shall mean the Construction Contractor(s)to be procured by the Owner for constructing the Project. 1.0 RELATIONSHIP The Owner and the Architect shall take actions reasonably necessary to enable each other to perform the tasks of this Agreement in a timely,efficient and economical manner.The Architect shall provide the architectural services necessary to design the Project in accordance with the Owner's Program and other relevant data and information.The architectural services shall include Basic Services plus Additional Services as may be authorized by the Owner.T'he standard of care for architectural services performed under this Agreement shall be the care and skill ordinarily used by members of the architectural professions practicing on similaz projects,under similaz conditions,at the same time and locality. 2.0 REPRESENTATIVES T'he Owner's Representarive is Dan Muser Director of Pazks and Recreation The Architect's Representative is Mitchell Blake Malone(Architect� Each Representative shall have authority to bind its respective party to all decisions and actions required under this Agreement. 3.0 COMPENSATION 3.0.1 As full compensation for Basic Services provided under this Agreement,the Owner shall compensate the Architect on the following basis:Lump Sum contract Amount per"Exhibit B". 3.0.2 As full compensarion for Additional Services provided under this Agreement,the Owner shall compensate the Architect on the following basis:Agreed Lump Sums or hourly rates plus expenses per"Exhibit B." 3.0.3 Certain reimbursable expenses,as described in"E�chibit B,"shall be paid or reimbursed as provided in"Eachibit B." STANDARD FORM OF AGREEMENT Page 1 of 7 4.0 ARCHITECT'S INSURANCE Before commencing Services and as a condition of payment,the Architect shall purchase and maintain insurance coverages,with appropriate or statutory limits of liability that will protect the Architect from claims arising out of its Services under this Agreement.Such insurance coverage shall include Workers'Compensation;Commercial General Liability;Business Automobile Liability Insurance;and Professional Liability Insurance. 5.0 EXHIBITS The following Exhibits are incorporated by reference and made part of this Agreement: EXHIBIT A:Owner's Program ] pages. EXHIBIT B:Architect's Scope and Fee, 3 pages. EXHIBIT C:Insurance Coverage 1 pages. 6.0 ARCHITECT'S SERVICES AND RESPONSIBILITIES The Architect shall provide services listed in Paragraphs 6.1 through 6.3 as Basic Services.The Architect shall provide Additional Services listed in Paragraph 6.4 only with the prior written authorization of the Owner. The services are further described in"Eachibit B." 6.1 GENERAL RESPONSIBILITIES 6.1.1 The Architect shall conduct a preliminary evaluation of the Owner's Program and other Project data and information,as set forth in"Exhibit A,"and shall confirm its understanding of such requirements with the Owner. If requested,the Architect shall assist the Owner to refine or make clazifications to the Owner's Program. 6.1.2 The Architect shall submit preliminary design documents to the Owner and promptly incorporate reasonably requested changes. 6.13 The Architect's documents shall be prepared to assist the Owner with filing documents with governmental authorities having jurisdiction over the Project. Permits necessary for construction of the Project shall be obtained by the construction Contractor. The Architect will assist the Owner and the Contractor in this regazd as relates to interpretation of the Architect's design intent. T'he Architect shall endeavor to prepare documents that comply with reasonable interpretations of codes existing at the time of the Architect's work. The Architect will not be held liable for unreasonable interpretations or delays in agency's review beyond revising the documents to comply with agency requirements to the extent the Architect can accept the safety and feasibility of the interpretation. 6.1.4 The Architect shall provide Services in timely way in accordance with the approved schedule. 6.1.5 The Architect shall visit the worksite in accordance with this Agreement and shall have reasonable access to the worksite at all times. 6.2 SERVICES DURING DESIGN 6.2.1 Design services furnished by parties other than the Architect or its consultants shall be obtained from licensed professionals, who shall affix their signature and seal on all drawings, specifications, calculations and submittals prepared by them, and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of such design services. 6.2.2 COST ESTIMATES The Architect shall assist the Owner in establishing a detailed budget for the completion of the Project. The Architect shall provide estimates of probable construction cost at the completion of each stage of design. If at any time the estimate furnished by the Architect exceeds the Owner's previously approved budget, the Architect shall recommend ways in which to proceed within an approved Owner's budget. If the lowest bona fide bid or negotiated proposal exceeds the Owner's budget by ten percent(10%) or more, and unless the Owner elects to accept the bid or proposal or to rebid or renegotiate the Project, the Architect shall modify, without additional compensation,the Construction Documents to reduce the cost of construction to an amount less than or equal to the sum of the budget plus 10%. All claims for delays or additional costs to the project Owner shall be waived as the project Owner's STANDARD FORM OF AGREEMENT Page 2 of 7 consideration in exchange for this extra effort. The Owner may obtain outside estimates by qualified construction ' firms to generate additional assurances. The Owner shall make decisions that are required to reduce scope and/or quality or to increase the budget in order to resolve differences between budget and costs. The Architect accepts no responsibility for non-competitive bid processes, sudden market fluctuarions,or other unexpected influences on the actual bids by qualified contractors. 6.2.3 PROJECT SCHEDULE The Architect shall furnish, for review and appmval of the Owner, a preliminary schedule showing the sequencing of design and general construction activities required to meet the time criteria established for the Project. Once the Contractor is selected, the Project schedule shall be updated and submitted by the Contractor and approved by the Owner. 6Z.4 SCHEMA'FIC DESIGN DOCUMENTS The Architect shall prepare, for the Owner's review and approval, Schematic Design Documents, based on the Owner's Program, including any approved refinements or clarifications, that consist of drawings, outline specifications and other documents illustrating the ProjecYs basic elements, scale, and their relationship to the worksite.The Architect shall review previousiy approved budgets and schedules. 6.2.5 DESIGN DEVELOPMENT DOCUMENTS Upon written acceptance of Schematic Design by the Owner, the Architect shall prepare, for the Owner's review and approval, Design Development Documents, based on the previously approved design documents, budget and schedule,that consist of drawings, outline specifications and other documents that fix and describe the Project size, character and site relationships, and other appropriate elements describing the structural, architectural, mechanical and electrical systems.The Architect shall review previously approved budgets and schedules. 6.2.6 CONSTRUCTION DOCUMENTS Upon written acceptance of Design Development by the Owner,the Architect shall prepare,for the Owner's review and approval, Construction Documents based on previously approved design documents, budget and schedule, that consist of drawings and specifications setting forth in detail the quality levels of and the intent for construction of the Project and that comply with applicable regulations enacted at the time of their preparation at the location of the Project.The Architect shall review previously approved budgets and schedules. 6.2.7 BIDDING OR NEGOTIATION ASSISTANCE Upon written acceptance of the Construction Documents by the Owner, the Architect shall assist the Owner in obtaining bids or negotiated proposals from contractors; attend pre-bid meetings; clarify scope and intent of Construction Documents;and issue any addenda or clarifications. 6.3 SERVICES DURING CONSTRUCTION 6.31 T'he Contractor is fully responsible for the means, methods, expertise, and standards of industry practice in executing the construction phase of the work in accordance with the Construction Contract Documents. The Architect is responsible to the Owner for interpreting the Construction Contract Documents and the Contractor's substantial conformance therewith, in an advisory capacity. The Architect is not a party to the Construction Contract. 63.2 Construction will commence upon issuance of a written notice from the Owner to the Contractor.The Architect shall review and advise the Owner as to the preliminary submittals required to be furnished by the Contractor.The Architect shall furnish to the Contractor such interpretations and clarifications of the intent of the drawings and specifications as are reasonably necessary for a qualified contractor to perform his work. Such interpretations and clarifications shall be consistent with the intent of the Construction Documents and reasonably inferable from them. 6.33 The Architect shall review the Contractor's submittals and make approvais of or recommendations about such submittals within a reasonable time of their receipt by the appropriate professional. The Architect shall check the STANDARD FORM OF AGREEMENT Page 3 of 7 Contractor's submittals for conformance with the Construction Documents. The Architect shall neither be required � to review the Contractor's means, methods, techniques, sequences ar procedures nor be responsible for safety precautions and programs relating to the Contractor's wark. 6.3.4 The Architect shall assist the Owner in evaluation and processing of reasonable requests for changes in the Contractor's work if based on unforeseen conditions. 6.3.5 The Architect shall assist the Owner in reviewing and processing the Contractor's applications for payments, and shall make recommendations to the Owner as to appropriate amounts due based on the Architect's on-site observations and other relevant information.The Architect shall not be required to review subcontractor requisitions or to ascertain how the Contractor has used or directed previously approved monies. The Architect shall not be required to review payroll data. 63.6 The Architect shall visit the worksite periodically to become generally familiar with the quality of the Contractor's work and to determine in general if the Contractor's work is proceeding in accordance with the Construction Documents. The Architect shall not be responsible for ensuring that the Contractor's work is in accordance with the Construction Documents,but shall make a report to the Owner of appazent variances. 6.3.7 The Architect shall attend reasonably scheduled periodic Project meetings with the Owner and the Contractor. 6.3.8 The Architect shall assist the Owner in conducting up to two(2)inspections to determine date or dates of the Contractor's Substantial Completion of the Contractor's work; and up to two (2) inspections to determine the Contractor's final compietion of its work. 6.39 The Architect shall make visits to the worksite, as an additional service, during the Contractor's one-year correction period to assist the Owner in evaluating the need for corrective measures. 6.4 ADDITIONAL SERVICES The Architect shall provide and be paid for Additional Services as identified in"Exhibit B";ar for work not specifically required under this agreement,if authorized in advance by the Owner. 7.0 OWNER'S RESPONSIBILITIES 7.1 WORKSITE INFORMATION The Owner shall provide at the Owner's expense and in a timely manner the following,which the Architect shall be entitled to rely upon for its accuracy and completeness: 7.1.1 information describing the physical characteristics of the site, including surveys, site evaluations, legal descriptions, data or drawings depicting existing conditions, subsurface and environmental studies, reports and investigations. 7.1.2 inspections and testing services during construction, other than those required from the Contractors, as required by law or as mutually agreed;and 7.1.3 necessary approvals, site plan review, rezoning, easements and assessments, fees and charges required for construction, use, occupancy or renovation of permanent structures, including legal and other required services, whether by government agencies or public utilities. The information required by this Paragraph shall be provided in reasonable detail. Legal descriptions shall include easements, title restrictions, boundaries, and zoning restrictions. Worksite descriptions shall include existing buildings and other construction and all other pertinent site conditions. Adjacent property descriptions shall include structures, streets, sidewalks, allies, and other features relevant to the work. Urility details shall include available services, lines at the worksite and adjacent thereto and connection points. T'he information shall include public and private information, subsurface information, grades, contours, and elevations, drainage data, exact locations and dimensions,and benchmazks that can be used in laying out the work. 7.2 FINANCIAL INFORMATION STANDARD FORM OF AGREEMENT Page 4 of 7 Upon written request, the Owner shall provide the Architect with evidence of the Owner's ability to pay for the Architect's services and the full project budget,as approved, including recommended contingencies and allowances for other Owner costs. 7.3 PROPERTY INSURANCE The Owner shall provide Builder's all risk or equivalent insurance coverage which names the Architect as named insureds and shall furnish to the Architect certificates of insurance evidencing such coverage. The Owner and the Architect waive all rights against each other for loss or damage to the extent covered by such insurance,except such rights as they may have to the proceeds of such insurance. 7.4 APPROVALS The Owner shall provide thorough reviews by all appropriate parties and all approvals required under this Agreement in a timely manner. 8.0 TIME 8.1 TIME FOR SERVICES The Architect shall provide Services in conformance with the Project schedule. 9.0 PAYMENTS The Architect shall submit invoices to the Owner for fees for Basic and Additional Services. The Owner shall pay approved amounts to the Architect within thirty(30)days of receipt of an invoice.The Owner shall have the right to withhold from any payment due, or to become due, an amount sufficient to resolve the dispute. Payment of the amount withheld shall be made when the alleged grounds for withholding have been resolved. The Architect may cease work on the project if the Owner has failed to make payments due after 60 days. 10.0 INDEMNITY To the fullest extent permitted by law, the Architect shall defend, indemnify and hold the Owner, the Owner's officers, the directors, the members, the agents and the employees hannless from all claims for bodily injury and property damage, except property insured under the Owner's property insurance, that may arise from the performance of or the failure to perform Services under this Agreement,but only to the extent of the negligent acts or omissions of the Architect. 'The Architect shall not be required to defend,indemnify or hold harmless the Owner, the Contractor or their subcontractors for the negligence of the Owner, the Contractor or their subcontractors or other third parties. 11.0 MUTUAL WAIVER OF CONSEQUENTIAL DAMACES The Owner and the Architect waive claims against each other for consequential damages arising out of or relating to this Agreement, except as covered by insurance as provided for in this agreement. This mutual waiver also shall apply to consequential damages due to termination by either party in accordance with this Agreement. 12.0 TERMINATION Either party may terminate this Agreement upon seven(7)days'written notice if the other party materially breaches its terms through no fault of the initiating party.Even after termination,the provisions of this Agreement still apply to any services performed, payments made, or events occurring, costs charged or incurred or obligations arising before termination date. 12.0.1 Upon written notice to the Architect, the Owner may, without cause, terminate this Agreement. T`he Architect shall immediately discontinue services,follow the Owner's instructions regarding termination procedures, and strive to minimize any further costs. In the event of such termination, the Architect shall be paid for services performed to date of termination. STANDARD FORM OF AGREEMENT Page 5 of 7 12.0.2 The Owner shall offer termination to the Architect, and hold the Architect harmless for approved work to ' date, if the Owner fundamentally loses confidence in the Architect as the professional of record for the project. 13.0 DISPUTE RESOLUTION 13.1 INITIAL DISPUTE RESOLUTION PROCESSES If a dispute arises as relates to this Agreement or its breach, the parties shall endeavor to settle the dispute First through direct discussions. If the dispute cannot be settled through direct discussions, the parties shall endeavor to settle the dispute by mediation under the current Construction Industry Mediation Rules of the American Arbitration Association before recourse to any binding dispute resolution procedures. 13.2 OTHER DISPUTE PROCESSES If neither direct discussions nor mediation successfully resolve the dispute,the parties agree that the following shall be used to resolve the dispute. 13.2.1 ARBITRATION Arbitration shall be pursuant to the Construction Industry Rules of the American Arbitration Association unless the parties mutually agree otherwise. A written demand for arbitration shall be filed with the American Arbitration Association and the other party to the Agreement within a reasonable time after the dispute or claim has arisen,but in no event after the applicable statute of limitations for a legal or equitable proceeding has run. The arbitration award shall be final. This agreement to arbitrate shall be govemed by the Federal Arbitration Act, and judgment upon the award may be entered by any court having jurisdiction. 13.3 CONTINUANCE OF SERVICES AND PAYMENT lf the Architect continues to perform services during any dispute resolution proceedings, the Owner shall continue to make payments in accordance with this Agreement for amounts not in dispute. 14.0 OWNERSHIP OF DOCUMENTS Upon making of final payment to the Architect, the Owner shall receive ownership of the property rights, except copyrights,of drawings,specifications,electronic data and information procured by the Architect and distributed to the Owner. If this Agreement is terminated,the property rights, except copyrights, shall vest with the Owner upon payment to the Architect for all services performed in accordance with this Agreement, at which time, the Owner shall be entitled to use, reproduce and make derivative works of such documents and data to complete the Project. The Owner shall not use such documents for other projects (including future renovations) unless the Owner defends, indemnifies and holds harmless the Architect against all claims, damages, losses, costs and expenses arising out of such use. 15.0 ASSIGNMENT Neither the Owner nor the Architect shall assign its interest in this Agreement without the written consent of the other except as to the assignment of proceeds. 16A GOVERNING LAW This Agreement shall be governed by the law in effect at the location of the Project. 17.0 JOINT DRAFTING The parties expressly agree that this Agreement was jointly drafted,and that they both had opportunity to negotiate terms and to obtain assistance of counsel in reviewing terms prior to execution. This Agreement shall be construed neither against nor in favor of either party,but shall be construed in a neutral manner. STANDARD FORM OF AGREEMENT Page 6 of 7 � 18.0 EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the Owner and the Architect and supercedes all prior negotiations, representations and agreements, either written or oral, unless incorporated by eachibits within this Agreement. in wimess whereof,the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER: DATE: '-1 - �l ' ofCape ' au .���:'��♦'��.y � fiY.kih\� Scott A.Me City Manager) ,� ```-� �,�- �9� b � � � ?1 r � � �'�' a � . !�.. �`�'� . ��\,��--��� ti- � (Attest) '�, � ` ' ` �,A �y ` +t`,�\ � � ���:� ���>>e � Gayle Conrad(City Clerk) ' '..w� ' .` `�''+I�N� ,�� �r T `` ,}t�,;4`�✓ � ' :.,� �"' �_.,.;�.;'�'� �_.� ARCHITECT: �� �--_. DATE: 0� 2�— O� Mitchell Blake Malone,Architect 2044 Broadway Cape Girardeau,Missouri 63701 (573)-339-1473 STANDARD FORM OF AGREEMENT Page 7 of 7 Exhibit A—Owner's Program A.1. General. A.1.1. This is an e�ibit to the Agreement between Mitchell Blake Malone Architect(ARCHITECT)and Ci, of Ca Girardeau,Missouri (OWNER),dated��� —��4� for professional services in connection with the development of a New Community Center Building and two New Concessions Buildings located at the Existing Shawnee Sports Complex (the PROJECT) as described herein. T'he Basic Services as described in the Standard Form Agreement,and as amended by E�chibit B aze based on the scope of the Owner's development program described herein,and any substantial change in the Owner's program will likely require changes to other provisions. The Owner has supplied all items described herein in writing in the form of the original RFQ for the A/E services. A.2. Project Elements A.2.1. The New Community Center Facility is to be constructed within the confines of the Shawnee Park Sports Complex and located along Highway 74 and near West End Boulevard The architect and his consultants are to produce plans and specifications for the building only. All site work and building pad preparation is to be done by others.Available funds for this project are approximately$1,600,000.00.T'he following components are listed as being included: 1. Multi-purpose room with a regulation High School Basketball Court and suitable for other activities 2. Physical Fitness Room. 3. Small Meeting/Acrivity room with seating for approximately(50)occupants. 4. Large Meeting Room for(200)occupants with a folding partifion. 5. Kitchen and Concessions Area adjacent to the Multi-purpose Room. 6. Lobby Area. 7. Cashier's Office. 8. General0ffice. 9. Required Toilet space. 10. ADA Accessble spaces as required. 11. Necessary Storage Areas. A.2.2. 'The Concessions Building "A" shall be constructed between the Baseball Fields. T'he architect and his consultants are to produce plans and specifications for the building only.All Site work and building pad prepararion to be done by others.The available funds for this project are approximately$225,000.00.The following components are listed as being included: 1. Accessible Men's and Women's toilets 2. Food Preparation Area with T'hree-Compariment- Sink and space for fiyers and Commercial Kitchen Hood. 3. Concession/Sales Area 4. Storage Areas. 5. Walk-in Cooler 6. Covered Deck Eating Areas. 7. Office Area A.2.3. 'The Concessions Building "B" shall be constructed between the Soccer Fields. T'he architect and his consultants are to produce plans and specificarions for the building only.All Site work and building pad preparation to be done by others. The available funds for this pmject are approximately$225,000.00.The following components are listed as being included: 1 Accessible Men's and Women's toilets. 2. Food Preparation Area with T'hree-Compartment- Sink and space for Fryers and Commercial Kitchen Hood. 3. Storage Areas. 4. Walk-in Cooler 5. Concessions/Sales Area. 6. Covered Deck Eating Area. Initialed owledgement: Date � c�a'�� ° '' 'J� Date �7����� By C' of Cape Girardeau,Missouri By: Mitchell Blake Malone,Architect Sco A.Meyer(City Manager) • Exhibit B-Architect's Scope of Work B.1. General. B.1.1. This is revised e�chibit to the Agreement between Mitchell Blake Malone Architect (�R���C� and Cit�of Cape Girardeau,Missouri (OWNER),dated O � for professional services in connection with the development of the New Community Center and Concessions Buildings"A"and"B"(the PROJECT)as described by the Owner's scope(EXHIBIT A).The Basic Services as described in the Standard Form Agreement are amended and supplemented as indicated below and the time periods for the performance of certain services are stipulated."Days"shall mean calendar days. B.2 Conceptual Planning Phase. (Schematic Design) B.2.1. The Architect shall discuss the attributes,constraints,and physical condition of the existing facility and site and learn the factors that have brought the Owner to their cwrent position. The Owner will provide topographic and boundary-surveys and obtain geotechnical data(If requested,Mitchell Blake Malone Architect will manage the procurement of those services by the City). B.2.2. T'he Architect shall determine the demographic profile of the community to be serviced, evaluate the program elements that would best serve the needs of that community,and advise the Owner as to recommended variations in the proposed program. B.2.3. The Architect shall conduct a planning workshop to resolve all conceptual details and to finalize the project scope. B.2.4. The Architect shall generate schematic drawings for the PROJECT. These will include a simple plan line-drawing of the proposed facilities.A public meeting may be conducted at this point to present the plan.An artist's perspective rendering can be obtained as an additional service. B.2.5. The Architect shall generate a detailed budget breakdown for the anticipated project costs and a refined project schedule. T'he approved Schematic Design Budget will then become the benchmark by which the project scope and progress estimates are judged.Variances from this budget must be resolved and approved by the Owner,in writing,before additional phases can proceed. All other required professional services, if required,would be by others or as an additional service.This phase will require approximately 4-weeks. B.3. Design Development Phase B3.1. Upon written approval of the Schematic Design by the Owner, Mitchell Blake Malone Architect will refine the components and parameters into a coordinated concept. Mitchell Blake Malone Architect will complete preliminary design drawings and near-final specifications. An estimate will be prepared and compazed with the approved budget for the project; and Mitchell Blake Malone Architect will wark with the Owner to change the Scope or the budget as required to reconcile the budget. B.3.2. The Architect will complete Design Development documents, including drawings and specifications. Specifications from CSI Division 1 through 16 shall be prepared in neaz-final forrn.The following description of Drawings generally applies to the work,and will be approximately 60%complete in Design Development: A. CiviUSite Development Drawin�BY OTHERS B Structural: Siructural Details will be included in respective Architectural, Drawings. Certain systems,like roof trusses and pre-engineered structures will be vendor pmvided engineering,as specified by the A/E. C. Architectural: Plans, Elevations, Sections and Details of the building aspects of the project, including Concessions Buildings. Page B-1 D. Building Plumbing and Mechanical: The Plans, Details, Risers, and Schematics of standard building engineering systems. E. F.Electrical: Building Power distriburion, lighting, building systems, accessories, motor control, risers,and schedules. All other required professional services,if required,would be by others.T'his phase will require 30 days. B.4. Cortstruction Documents Phase B.4.1. Upon receiving written approval of the Design Development documents from the Owner,the Architect will complete Construction Documents(Final Design) in accordance with the above format and the approved project schedule. The Construction Documents will be suitable for bidding/negotiation by qualified general contractors and sub-contractors. B.4.2 All other required professional services,if required,would be by others.This phase will require 30 days. B.S. Bid or Negotiating Phase B.5.1. The Architect will assist the Owner in the evaluation of bids and the review of the qualifications of the apparent low bidder and his sub-contractors. B.5.2. This phase will require up to 45 days elapsed time. B.6. Construction Phase. B.6.1. The Architect will review the Construction Contractor's quesrions, submittals, pay requests, proposed change orders,and close-out documents.Senior professionals will make periodic visits to the site to observe the construction work. Part-time inspection of the work by an employee of the Owner is assumed,working closely with The Architect. B.6.2. As stated in Paragraph 6.3.6 of the Agreement,the Architect shall exercise professional judgment and good-faith effort to idenrify any deficiencies in the construction contactor's work or any third pazty consultant's work and notify the Owner and other involved parties of such apparent deficiencies. B.6.3 This phase will require approximately 240 days. 8.7. Operational Phase. B.7.1 The Architect will provide assistance during start-up relating to the design intent of the systems. Instructions will be given to the staff as to the peculiarities of the design of the project. T'he Owner is responsible for hiring or contracting qualified operators for the facility in a timely manner;and the Architect is not responsible for training the Owner's operators in basic skills for this type of facility. Manufacturer's data and manuals,as provided by the contractor,will be compiled,reviewed for completeness,and presented to the OWNER. As stated in the Agreement,the Architect will provide an inspection at Substantial Completion and one at final completion.Extended training of the operaring stai�protracted re-inspections,or assistance to the Owner with unresolved claims against the contractor and obtaining warranty work may be provided as an Addirional Service. B.72 The Contractor shall be required to keep a set of as-built mazk-ups at the site and to provide the Owner with a cleaned-up set at completion of the work.The Architect has not included re-drafling of the Contractor's changes for"Record Drawings"within Basic Services. B.7.3 The fee for this phase is included in the construction phase fee, and no retainage of any sort will be withheld from Mitchell Blake Malone Architect. Page B-2 � B.8 Fee Basis B.8.1. The Architect will perform Basic Services for the above-descn'bed work far the Lump Sum Amount of $98,700.00 including normal expenses(eacpenses will not be billed separately). B.8.2. The fee will be billed in monthly progress invoices as follows: Schematic Design Phase $ 9,870.00 Design Development Phase 19,740.00 Construction Documents Phase 44,415.00 Bid or Negoriating Phase 9,870.00 Construction Phase 14,805.00 Total Fee $ 98,700.00 B.9. Additional Services ofArchitect. B.9.1. Addirional Services will be billed at an agreed lump sum B.1 D. Reimbursable Fxper�ses. B.10.1. Normal reimbursable expenses have been included in the Lump Sum Fee shown above. The Owner �also incur additional costs relating to permit fees,printing costs for excessive permitting requirements,and for printing and handling costs for the construcrion bid process. Built-in to Mitchell Blake Malone Architect's lump sum fee are travel and subsistence, telephone, computer time, working prints and one set of reproducibles at each phase, reasonable courier charges,norrnal postage, and normal insurance coverage. If highly unusual and unpredicted increases in normal costs occur,Mitchell Blake Malone Architect reserves the right to request an equitable adjustment to the Agreement. B.102. Reimbursable Expenses for authorized Addirional Services will be billed at cost, with a mark-up of 10%. B.103. The cost of printing of bid and pemut review sets of drawings and specificarions,and those needed for the construction coniract,will be covered by the sale of bid documents or by the Owner directly. The sets will be handled by a mutually agreeable local printing shop. B.11 Assumed Time-Line Kick-off July 21,2009 Schematic Design Phase Complete August 19,2009 Design Development Phase Complete September 19,2009 CD Phase Complete October 19,2009 Receive Bids November 18,2009 Start Construction December 17,2009 Construction Complete August 14,2010 Initialed aclrnowledgement: Date �- �` � �• �.� Date l/7���� By By Mitchell Blake Malone, Architect City of Cape Girardeau,Missouri Scott A.Meyer (City Manager) Page B-3 ACORv CERTIFICATE OF LIABILITY INSURANCE OPID 2L �TE�MM/DD/YYYY) • 1�I,OJU1 07 21 09 • PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Charles L. Crane Agency Co. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 100 North Broadv�ay, Ste. 900 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Louis 1�0 63102 Phone: 314-241-8700 Fax:314-444-4970 INSURERS AFFORDING COVERAGE NAIC# INSURED INSt1RER A XL Specialty Insuranw Cou�pany INSURER B: Mitchell Blake Malone, ��iLC211 t@C't INSURER C: 2044 Broadv�ay St INSURER D: Cape Girardeau I�lO 63701 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDRIONS Of SUCH POLICIES.AGGREGATE LIMRS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS 7YPE OF INSURANCE POUCY NUMBER DATE MMID DATE MMID N LJMITS GENERAL LWBILITY EACH OCCURRENCE $ COMMERCULL.GENERAL LIABI�tTY PREMISES(Ea ooauenoe) S CLAIMS MADE �OCCUR MED EXP(My one person) $ PERSONAL&ADV INJURY S GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PR� LOC JECT AUTOMOBILE UA&L1TY COMBINED SINGLE LIMfT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS �P����) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS �Pef���) PROPERTYDAMAGE $ (Per accident) GA�GE V�Un' AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN �ACC $ AUTO ONLY: AGG $ EXCESSNMBRELLA LJA&LITY EACH OCCURRENCE $ OCCUR � CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATiON AND TORY LIMITS ER EMPLOYERS LIABIlJTY E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS bebw E.L.DISEASE-POLICY LIMfT $ OTHER A Professional DPS9615535 04/10/09 04/10/10 250,000 each claim Liabilit * 500,000 ann'1 a r DESCRIPTION OF OPERATIONS I LOCAiIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECWL PROVISIO�IS *For professional liability, policy limit is each claim subject to the annual aggreqate for all clai.ms presented in the policy period. Indemnity and expense payments reduce limits CERTIFICATE HOLOER CANCELLATION CAPEG-1 SH���D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER VNLL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTiCE TO THE CERTIFlCATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Cl� of Cape Girardeau IMPOSE NO OBLIGATION OR LJA&LITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 401 Independence Cape Girardeau MO 63703 REPRESENTATNES. P - !!a /�"cQ LO ACORD 25(2001/08) �O ACORD CORPORATION 1988