HomeMy WebLinkAboutCityMgrForm.1351.07-19-1978 !. ,
CITY MANAGER FORM ORDINANCE NO. �
AN ORDINANCE APPROVING THE FORM OF AN AGREEMENT BETWEEN THE
CITY OF CAPE GIRARDEAU, MISSOURI AND THOMAS C. HOLSHOUSER
FOR ARCHITEGT.URA.L SERVICES, AUTHORIZTNG THE MAYOR .TO EXECUTE,
AND AUTHORIZING THE PAYMENT. OF A SUM OF MONEY
WHEREAS, the City of Cape Girardeau, Missouri, proposes
to construct two park comfart stations with drinking fountains ,
one in Shawnee Park and the other in Cherokee Park, in the
City of Cape Girardeau, Missouri; and
WHEREAS, there is a need for architectural services
for construction of said comfort stations and drinking fountains,
and Thomas C. Holshouser, AIA, desires: to provide said services
for said City; and
WHEREAS, the Gity and Thomas C. Holshouser desixe
to enter into an Agreement for the providing of said architectural
services;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL Ok' THE
CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 1. The "Abbreviated Form of Agreeirient Between
Owner and Architect for Construction Projects of Li.mited Scope" ,
copy attached hereto marked Exhibit "A" , between the City
of Cape Girardeau, Missouri, and Thomas C. Holshouser, AIA,
is approved as to form.
SECTION 2 . The Mayor of the City of Cape Girardeau,
Missouri, is hereby author.ized and directed to execute said
Agreement, for and on behalf of the City of Cape Girardeau,
Missouri.
SECTION 3. Payment of a sum of money is kereby authorized
to be made by the City of Cape Girardeau, Missouri to Thomas
C. Holshouser, AIA, for engineering services in accordance
with the terms and provisions of the said Agreement, copy
attached hereto marked Exhi:bit "A" .
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SECTION 4. This ordinance shall be in full force
and effect ten days after its passage and approva .
�t
PASSED AND APPROVED THIS /9 - DAY OF
.
1978.
�g► ���a; ���
MAYOR
ATTEST:
,
-�
CITY CLERK
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THE AMERICAN INSTITUTE OF ARCHITECTS
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AIA Documen( t�151
Abbreviated Form of Agr�ement Between
O►wner and Architect For
C�nstruction Projects of �.imited Scope
THIS DOCUMENT HAS i,'v1NORTAtiT LEGAL CONS[QUENCES; CUNSULTAIION \-VITFI AN ATTORNEY IS ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR �10DIFICATION.
AGREEMENT made this day �f July in the year of
Nineteen Hundred and Seventy-Eight
BETWEEN the Uwner: City of Cape Girardeau, Missouri, a Municipal Cor-
poration
and the Architect: Thomas C . Holshouser, AIA, 2319 Bloomfield Street,
For the following Project: Cape Girardeau, Missouri 63701
(Indude detailed Project location and scnpe.)
Construction of two (2) park comfort stations with drinking fountains,
one to be located in Shawnee Park and the other to be located
in Cherokee Park, all according to the plans and specifications
marked Exhibit A and attached hereto.
The Owner and the Architect agree as set forth below.
I. THE AKCHiT[Ci shail provide proies�ional services for the Project in iccurdance with the Terms and Conditions
u` this .Agreement.
11. TFIF OWR�R sha!I conipensate the Architect, in accordane.e ���ith ehe Teri�is and Conditions of this Agreement.
A. FOR SERVICFS, as described in Article 1, compensalion shall �e: Ori dri 't1011x'ly rate
of $20 .00 for the principal (Thomas C . Holshouser) plus draftsmen
at $10.00 per hour, plus reimbursable expenses (prints , etc. )
with a guaranteed maximum of 5 1/2$ of total construction costs .
B. AN INITIAL PAYMENT OF
dollars ($ ) shall be made upon
execution of this Agreement and credited to the Uwner's account.
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D. IF PROJECT SCOPE or Article 1 services are changed materially, or if services covered by this Agreement
have not been compieted within ( ) months of the date hereof, the amount of compensation shall
be subject to renegotiation.
AIA D�CUMENT 6151 • ABBREVIAlED OWNER-ARCHI7ECT AGREEh1ENT • FEBRUARY 1974 EDITION • AIAB
OO 1974 • THE AMERICAN INSTITUTE OF ARCHITECTS, "1735 NEW 1'ORK AVE., N.W., WASHINGTON, D.C. 20006 1
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TERMS AND CON�)11I��)��ti'�, l)( ��GREFME�T [3E1��^�I�FN U��ti'NER AND ARCHITECT
ARTl�LE �1 ni��u���, �i��{u��n�r�� ��r E�r�rr���ltire�, or t��r �afety prec�u-
lii>n�. ,�nrl ��r��};�,�ni� in <<�nnrr�i��n ��ilh thc �V��rk, and hc
ARCHITECT'S SERVICES ��f�,�li nu( hE� r��,�x�nvhl�� (u; thc Contr�ctor', failure to
�arrti� i�ul tlu� ��V��r� ir, .�rcurdance �vith the ContraCt
U���cumen!5.
Tl�ie Architect's Ser��i�c�, <<�n�ist ��t the 1��ur phase�
described below .incl in�lud�� n�nmal 5tructural, �•`�•'� �;'���'`� "n �,ii�li ��b���r,�,�tiuns at the �itc and on the
rnech,inic�l an�l ��Ic��trir.il ��n�;ni���•nnr; ><�r;ic��ti and (�`»�'��c t��r"�, AF�plic,��i<�n�, i��r Payment, the Architect shall
any uther sc�rviceti inclucied in Article 11 a> r��iated
�1��(��riuin�� !lic� �in�iuuni u��in�; ic� lhr Contract�r and shall
�titiuc C�<�rtih�ate� f��r I'ayment �n such amounts. The issu-
to n single Stipulated Sum ConStruction Contract. � ,
�in�e !�( �� Certiiic.ite fc�r f ayment shall constitute a repre-
The extent of the Architect's duties and responsibili- �Entatic�n hy the Arcfiitccl ta the Owner, based on the
ties and the limitations of f�is authoriry as assigned ArchitecCs of�ser�ations at the site as provided in Sub-
hereunder shall n��? he modifie:d �vithout his �vritten ��r� ri �h 1.4.3 ,�n�J thE� ci,�ta cc>rn risin the A lication
curisent. � ` h ' F� P f� PP
for Payment, that the Work has progressed to the point
DESIGN PHASE indicaled; iliaf to the be�t of the ArchitecYs knowledge,
1.1 The Architect �hall re�are Uesi�n Studie5 consist- informatic�n and helief, the quality of the Work is in ac-
ing of drawings �nd other�documcnts t r approval by the ���'r�l�ina� 4tiith !he C�>niract [�ocuments (subject to an
evaluatic�n ��t the �ork for �onf�,�rmance with the Con-
Owner, and shall submit to the Owner a Statement of �ract D��cumc:nt5 upon Substantial Completion, to the
Probable Construction Cc��t. resultti �f any subsequent tests required by the Contract
CONSTRUCTION DOCUMENTS PHASE I)cu�um��nt�, l�� min��r d����i,iti��ns (rom the Contract Docu-
1.2 The Architec:t Sf��all prepare frvm the appr��ved De- rnents c��rr��ciable {��rior to a�mpletion, and �o any specific
sign StudiE��s, [�rawin};� and Speci(icati��ns �E�tting forth in
<�ualilic.i�ic�n� tilatc�cl in the Certi(icate for f ayment); and
detail the requirerrienis f<�r �he Projecl, and �.hall submit that if�ie Cc�ntracl��r is entitled to payment in the amount
an adju�ted Statement ��f Nruf�>able C��nstructi��r� Cost ���'rtifiecl By issuin}; a Certificate for Payment, the Archi-
tec� �hail n��t be deemed to re�present that he has made
1.2.1 Ttie Architc�ct tih,+U ,iti�i>,t the Own�r in iilinf; the �ny ex,�mination I<� a�certain how and for what purpose
reyuired d��cumenls f��r the .ip�r�>val �>f �;<�vrrnmental ����, C��nir.�c1�>r hati used ihe mone s �id on account of
�uth<�riticti havin�; junti�li� li��n u���i thc Pruj��ct. � y �`
t{��e C:��nlract Sum.
BIDDWG OR NEGOIlATlON PHASE 1.4.5 Tlie Arcf�ifect �hall be ihe interpreter of the re-
1.3 The Architect, f�,il�nvin� the Owner's �,pE�r�rvai of quirements t�( the Contract Documents and the impartial
the Con,truction Uocuments and �f the adju�ted State- ;ud};e of performince thereunder by both the Owner and
ment ��( Pr��bable Cr�n,tructi��n Cost, shall ;�5�ist the Contr�ctor, and shall make decisions on all daims of the
Own�.�r in ��btainiri;; i��ir!s ,�nd in ,�w�rdin}; ihe Cunsiruc- ��'n��r ,�nd Cc�ntra�tur rellting thereto.
tion Cuntract. L4.6 Tf,�� ��rchit��ct shall review and approve shop draw-
in}�s, �,ini�ile�, ,�n<1 othf�r >ubmistiions of the ContraCtor
CONSTRUCTION PHASE �>nly f�>r a�nformance �vith the de�ign concept of the
1.4 The Construction Phas�� �,��ill commence �vith the �'���i�'�t ����d f<�r cr�mpliance �vith the information given in
aw�rJ c;( (he Curtitru��tiun C��niract ,�nd �vill tt�rminat�� �i�c� (���ntract f�u���um��nt�.
when ihe im�il C�e�rlif�c�iic !ur P,�;rnenl i� istiue�tl �u the 1.4.7 �I��� �1rcl�ilec( tiliall cc�nduct inspecti<�ns tt> deler-
Owner. mine th�� UateS c,f 5utrst.�ntial C��mpletion and (inal com-
1.4.1 The Architecl shall pruvide �;eneral Adminititration pl�tiun, ,�nd shall istiue a linal Certi(icate for Pa�ment.
of the Construction C��rtrar�t, a5 set forth belu�ti�. 1.4.8 1 he Architect tihall not be responsible for the acts
1.4.2 All of the O�o�ner'� irstructions to the Coniractor ur c�missi��ns of the C<intractor, or any Subcontracrors, or
shal! be issued thr<�u�;h Ihe Architect. The Architect �hall ������ ��f;�'n�5 ��r empluyees, ��r any other persons perform-
prepare al! Change Order,. in�; am� �>f ihe Work.
1.4.3 The Architect shall m��ke �>eriodic vitiits t�� the site
to familisrize himsclf �;ene�r�lly with the prc��;re,s and ARTICLE 2
quality of the Work and t�� determine in �;enerai if the —
Wurk i� pru��e��din}; in ,irc�ird�incc with Ih�� C��ntract THE OWNER'S RESPONSIBILITIES
Documents. On the hasis uf his on-site c�bservations as
an architect, he �hall endcav��r t�� };uard the Owner
against defect5 and deli�ic•ncies in the Work ��f the Con- �•1 Thi� O�vner Shall provide full information, including
tractor. The Arcliitect �ha!I nc�t be require�d to make ex- � «>R�plete pro�;ram, regarding his requirements for the
haustive or a�ntinu��u, on-site inspecti�>ns to cheCk the �'roject.
yualiry c�r yulntity of the b'Vc,rk. The Architect shali not 2.2 The (�wner shall furnish full information about and
be responsible for construction means, methods, tech- affecting the site, including a certified land survey, and
AIA DOCUMENT 6151 • AfiBREV�ATfD C)WNER-ARCHIT[CT AGIL[EMEtii • F[BKUARY 1974 EDITION • AIAB
2 �-� 1974 • TI-IE AMERIG'�N INSTITUTE OF ARCHITECTS, �735 NEW YORK �bE., N.W., WASHINGTON, D.C. 20006
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when �1����nu�d n��<<�s��iry f�y �I.,�� :�rcf�ii��•��, �.��i! ����1 n�F�orts S�x�� i(i�,i�i��n�.. .�n�! h.nin� �i��ne .u, sf��all be entitl�d to
or (he �ervi��eti ��I �� u�il en�;incr. �uni�u�n�,i!,nn i�i ,�t�r��rcl„n���� �vilh Ihi� A};reement.
2.3 The O���ner >h,ill t'urnitif�i I,�h��ra;urv tcst�, in�pecti<�ns,
and repurts <i; reyuired h�; I,i�v �>r t�ie C��nlr�ict D��cu-
ments. ARTICLE 4
2.4 The Owner shall furni�l�, wch Ie�;al, accuunlin;; and
insurance counseling �,ervia.� nece�s��ry (��r ihe Pr��ject, F'AYMENTS TO THE ARCHITECT
and wch auditinh �er��ices as he may reyuire tc� a,certain
how the Contractor has u5ed the rnoney paid tc� him. 4.1 An ini(ial paymer�l as set (orth in Paragraph II is the
2.5 The information, survevs, and reports rc�quired by minin�um p��yment under lhi� Agreement.
Paragraphti 2.1 through Z.4 inciusive tih��ll be fumished at 4,1 P.��ment� ic�r Senice5 shall be m�de rnonthly, in
the Owner's expense, and the Archite�t shall be entitled E�r�>porti<�r� to �ervice� performed. If cortipc;�isation is on
to rely upon the ac:curacy and completene��, thereof. thc bass e�f a fixed fee or percentage of construction
2.6 If the Owner becomes aware uf any fault or defect a>tit it �hall, at the compietion c�f each Phase, equal the
in the Project or nonconformance with the Contract follo�ving percentagey of tlie total Compensation:
Documents, he shall give prompt writfen notice to the De,i,�n PhaSe 35%
Architect. Construttic,n [�ocuments Pha>e 75°�
2J The Owner si�ail furnish infurmation reyuired of him E3idding <�r Negotiatic�n Phase IIO",i,
as expediliously as necessar�� for the orderly progress of Construc�(ion Phase 100%
the Work. 4.3 Payment for Reiml�ursable Expenses shall be made
monthly. Reimbursable Cx��enses are in addition to com-
ARTICLE 3 pensation and include actual expenditures made by the
Architect for the Project fur. tra��el and subsi;tence; long
distance calls; fees paid to governmental authorities;
CONSTRUCTION COST rendc:ring5 and mc�dels required by the Owner; Owner
authorized overtimc; reprc�ductians, postage and handling
3.1 7he C<�nstruc_tion C�>st sh�il be the t<>t,�l c��st �>r esti- ��� f)r,�evin�;s an<,l Specitications, excluding dupEicate sels
mated cost t� thc Owner of all Wurk desi�;ne�d or speci- �r ����' c��mpletion ��( each Phase (or the Owner's review
fied by the Architec t, wliich �hall be clelermined a� (c�l- ������ �il�Prcrval.
lows, with precedence in the order listed: 4.4 No deducticin5 sh,ill he made from the Architect's
3.1.1 For completed ce>n�truction, the cc�st o( all s�ch ��mpensation on account of sums withheld from pay-
Work, indudin�; the ��o�t ��( lab��r, materi�il, and eyui��- �»��nt� t<� contractur�..
ment furnished by the Owrier and the cc��t oi managing 4.5 If ihe Prvject is su5pended for more than three
construction; or months or aband��ned in whole or in part, the Architect
3.1.2 For Work not constructed, (1j the lo��est bona fide shall be paid for senices performed prior to receipt of
bid received from a qualiiied bidder fur any or all of such notice from the O�vner to�ether with all termination
such Work, or (2) if the Work is not bid, the bona fide expense�. If the Project is resumed after being suspended
negotiated proposal suhmitted fur ,lny ��r �ill <�f wch ����" �»�>�e than Ihree rn�,n�hs, the Architect's compensa-
Wc�ri:; or lir�in shall be �uhject to renegoliation.
3.�.3 For Work or oortion5 oi` the �'V<�rk (�,r which no �•6 P<iymenis due the Architect under this Agreement
wch bid or proposal is recei��ed, the late�.t Statement of <hail belr interest at the Iegal rate commencing sixty days
Probable Construction CosL .�fter date uf billing.
3.2 C��ntitr�ction Cost d��cs n��t includ�� thc ct>mpensa-
tion o( tlie Architecl ancl hi� consult�nt5, tl��e c<�st of the ARTICLE 5
land, right-uf-way, or ��tl��er cc�sts �vl�ich ��re the rc�pon�i- -
bility c�f the Owner in I'ara�;raphs Z."V thrc�ugh 2.4
inclusive. TERMINATION OF AGREEMENT
3.3 The Architect c,innot and does not �;uarantee that
bid5 will not vary frum Statements o( Probable C<�nstruc- 5.1 l�his Agreement may be terminated by either party
tion Cost or other co5t estimate5 prep�red by him. u�x�n �e��en day�ti written notice should the other party
3.4 WhFzn a fixed limit of Cun,truction Co�t i, estab- faii sub>lantially to perform in accordance with its terms
lished as a conditiun of this Agr��ement, it tihall be in ti�ir��u�;h no fault ot the party initiating the termination.
writing si�;ned by the parties and shall include a hidding In thc event of terminatic�n due to the fault of parties
contingency of ten perccnt, and if it is exceeded k��y the ��ther than ihe Architect, the Architect shall be paid his
lowest b<�n�� fide bid c�r ne�;<�tiated pr���wsal, thc (�wner ���mpen�ation for services performed to termination date,
shall (1i give written a��pruval ��f an increase in such includin�; he�imbur�ahle Expen�es, plus termination
fixed limit, (2) authoriic� rebidding the Nroject within a ex��enses.
reasonable time, or (3i co��perate in revi�in�; ihc Project 5.2 Termination expenses are defined as Reimbursable
to reduce ihe Prc�bable C��nstructiun C<>5t. In the case of Expen�es directly attributable to termination, plus an
(3) the Architect, withc�ut additic>nal diar};e, Shali dis- amc�unt c<>mputed as a percentage of the total compensa-
charge his responsibiliry by modifying the Drawings and tion eamed to the time of termination as follows:
AIA UOCUMENT B151 • ABBhEVIn(EU UWNEh-i1KCfiIIE(_f AGhLLhfENT • fLfthUARY 1974 EOITION • AIA(�
� 1974 • THE AMERICAN INSTITUi'E Of ARCHITECTS, 1735 NELN YC)RK AVE., ,'�'.VV., WASHINGTON, D.C. 20006 3
, , .
20 p�rceni if tern��in,itiun uccur5 ciurin�; tlie Design by ali ti��e parties heret�. Any consent to arbitration in-
Pha�e; or ����Ivin�; an additionai parry or parties shall not constitute
1U percent if terrnin,iti�>n uccur� ciur�n�; th�� C��n- conx�nt tc� arbitrauon of any dispute not described there-
struction (�ocument�� I'hase; or in ��r with any party not named or described therein. This
5 percent if ter�r�in�tiun occur� clur�n�; an� sub,e- A�;reement to arbitiate and any agreement to arbitrate
quent pha�e. wi�h an additional party or parties duly consented to by
the parties hereto shall be specifically enforceable under
the prevailin� arbitration I�w. In no event shall the de-
ARTICLE 6 i1>>nd for �rbitr.�ti��n be made after the date when such
ciispute w�,uld he barred by the applicable statute of
OWNERSHIP OF DOCUMENTS limit<�tion�. Thc aw��rd r��ndered by the arbitrators shall
h�� iin,il.
Drawingti ,uid Specific�ition as in>truments or service are
and Shall remain the property of the Architect whether ARTICLE 9
the Nroject f��r which the� are made iti E:xecuted or not.
They are not to be used by the O��ner on other projects EXTENT O� AGREEMENT
or extensi��ns to this Pruject excepC by agreement in writ-
in�; and with .�pprcrpria!e c�m�cntiitinn to ihc Architect.
This Agreement represents the entire and integrated
agreement between the Owner and the Architect and
ARTICLE 7 ,upersedes all prior negotiations, representations or
a�;reements. This A�reement may be amended only by
SUCCESSORS AND ASSIGNS written instrument signed t�y both Owner and Architect.
The Owner and the Architect each binds himseif, his ARTICLE 10
partners, successors, assigns and legal representatives to
the other party to this Agreement and to the partners, GOVERNING LAW
successors, assigns and legal representatives of such other
party with respect to all covenants of this Agreement.
Neither the O�mer nor the Architect tihall assign his in- This Agreement �hall be governed by the law of the prin-
terest in this Agreement without the �vritten consent of cipal place of business of the Architect.
the other.
ARTICLE 11
ARTICLE 8
OTHEit CONDITIONS OR SERVICES
ARBITRATION
All claims, disputes and c�ther matters in question be-
tween the parties to this Agreement, arising out of, or
re(ating to this A�re�ement or the breach there��f, shall be
decided by arbitration in accordance with the Construc-
tion Industry Arbitration hules of the American Arbitra-
tion Association then obtaining unless the parties mu-
tually agree otherwise. No arbitration, ari�ing out of, or �
relating to this Agreement shall include, by consolidation,
joinder or in any other manner, any additional party not
a party to this Abreerient except by written consent con-
taining a sperific reference to this A�reement ancl signed
This Agreement executed the day and year first written above.
OWNER�.����.�J � ARCHITECT
AIA DOCUMENT B151 • At38REVIATED OWNER-ARCHITECT AGREEMENT • FEBRUARY 1974 EDITION • AIA�
4 � 1974 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 2000G