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HomeMy WebLinkAbout1991-61 - Contract with Larkin AssociatesBILL N0. l~~ ORDINANCE N0. ~/- /O PN ORDINANCE AUTHORIZING T'HE MAYOk, ON BEHALF OF THE CITY, TO ENTER INTO A CONTRACT KITH LAKKIN ASSOCIATES CONSULTING ENGINEERS, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES IN RELATION TO THE CONSTRUCTION OF THE CITY'S SEWER PROJECT. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CI'.PY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. The Mayor is hereby authorized to enter into a contract, on behalf of the City of Riverside, Missouri, with Larkin Associates Consulting Engineers, Inc. to provide professional engineering services in relation to the r_onstruction of the City's sewer project. Section 2. A copy of the contract is attached hereto and incorporated herei~n~by reference. PASSED THIS _ /~!„~ DAY OF j~~-~ r 1991. ~~,~~ _ MAYOR AST: ~J ^ CITY CLERK APPROVED THIS ~_ DAY OF ~C~/ , 1991. MAYOR -1- Revised 10/R/91 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT made as of theg"~.ti day of "~'d ,e r , 1991, by and between the City of Riverside, Missouri, its successors and assigns, hereinafter called the CITY, and Larkin Associates Consulting Engineers, Inc., a Missouri Corporation, licensed to provide services in the State of Missouri, hereinafter called the ENGINEER. WITNESSETH, that whereas the CITY intends to have constructed pump station and force main improvements, and sewage collection facilities as detailed on plans prepared by E.T. Archer, hereinafter called the PROJECT, and is authorized and empowered to contract with the ENGINEER for the purpose of furnishing construction engineering and other related engineering services in connection with the said Project, and that the necessary funds for payment of said services are available, when authorization is made for each service. WITNESSETH that the City of Riverside, Missouri has terminated their contracts with E.T. Archer, Inc. effective October 15, 1991. NOW THEREFORE, the CITY and the ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by the ENGINEER and the payment for those services by the CITY, as set forth below. The ENGINEER will serve as the CITY'S processional engineering representative in those phases of the Project to which this Agreement applies, and will give consultation and advice to the CITY during performance of his services. The ENGINEER will proceed with the engineering services upon receipt of a letter of notice to proceed. Part A. Basic Engineering Services Section 1 -Services During Construction -Construction Engineering, Resident Inspection The construction phase will commence with the execution of this contract and will terminate upon written approval of the final payment by the ENGINEER to all of the construction contractors on a given phase of the project. -2- During the construction phase the ENGINEER will: a. Conduct apre-construction conference with the contractor and subcontractors to review project schedule and related issues. Consult with and advise the CITY and act as the CITY'S representative in matters regarding the construction of the Project. The CITY's instructions to the construction contractor may be issued through the ENGINEER. b. Set survey primary line and grade stakes and control points from which the detailed work may be laid out by the Resident Project Representative. c. The ENGINEER will make periodic site visits during construction at a minimum, once at the time of each contractor pay application to observe the progress and quality of the executed work and to determine in general 'rf the work is proceeding in accordance with the Contract Documents; he will not be responsible for the construction means, methods, techniques, sequences or procedures or the safety precautions and programs incident thereto; his efforts will be directed toward determining that the work is being performed in a manner indicating that the completed Project will conform to the requirements of the Contract Documents, he will keep the CITY informed of the progress of the work, will endeavor to guard the CITY against defects and deficiencies in the work of contractor. ENGINEER shall provide detailed written progress reports after each site visit reflecting the status of construction. d. The ENGINEER will review and approve, or take other appropriate action on, shop drawings, diagrams, illustrations, brochures, catalog data, schedules and samples, the results of tests and inspections and other data which any construction contractor is required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents; and receive and review schedules, guarantees, bonds and certificates of inspection which are to be assembled by the construction contractor in accordance with the Contract Documents. The ENGINEER understands that the bidding negotiation phase of the contract up until October 14, 1991 was performed by the design Engineer. Based upon the ENGINEER'S review, the project is now ready for the construction phase. e. The ENGINEER will issue instructions of the CITY to the construction contractor; prepare routine change orders as required; he may, as the CITY'S representative, require special inspection or testing of the work; he will act as interpreter of the terms and conditions of the Contract Documents and of the performance thereunder by the parties thereto and will make decisions on all claims of the CITY and the construction contractor relating to the execution and progress of the work and all other matters and questions related thereto. -3- f. The ENGINEER, based on his on-site observations as an experienced and qualified design professional and on his review of construction contractor applications for payment and supporting data, will determine the amount due to the construction contractor and approve in writing payment to the construction contractor in such amounts; such approvals of payment shall constitute a representation to the CITY, based on such observations and review, that the work has progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning Project upon substantial completion, to the results of any subsequent tests called for in the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion and to any qualifications stated in his approval), but by approving an application for payment the ENGINEER shall not be deemed to have represented that he has made any examination to determine how or for what purposes any contractor has used the moneys paid on account of the contract price. g. The ENGINEER will conduct an inspection to determine if the Project is substantially complete and a final inspection to determine if the Project has been completed in accordance with the Contract Documents and if each construction contractor has fulfilled all of his obligations thereunder so that the ENGINEER may approve, in writing, final payment to each contractor. h. It is the responsibility of the Engineer to review the design of this project and to advise the CITY in writing of any required changes. If the recommendations of the ENGINEER with regard to required changes are followed, then the ENGINEER shall have the responsibility for all engineering on the project. The ENGINEER shall not be responsible for the contractors or subcontractors agents or employees or any person except his own employees and agents at the project site. However, this paragraph shall not relieve the ENGINEER of his responsibility to perform adequate inspections on the Project to determine that the work is being performed in a manner indicating that when completed, the Project will be substantially incompliance with the Design Engineer's specifications and contract documents. The ENGINEER will endeavor to correct any errors in the project design that become apparent during the project work. i. The ENGINEER will provide to the CITY two sets of record prints of the drawing showing those changes made during construction. The original drawings will be revised based upon the marked up prints, drawings and other data furnished to the ENGINEER by the contractor and the Resident Project Representative and based upon that part which the ENGINEER determines as significant. j. Make property, boundary, easement and right-of-way surveys. Prepare property, boundary, easement and right-of-way descriptions and drawings. -4- k. Preparing for the City a set of reproducible record drawings. I. Preparing detailed rate studies m. Construction stakeout services Payment for services during construction will be made by the CfTY to the ENGINEER as indicated in Part D. Part B. The CITY'S Responsibilities The City will: 1. Assist the ENGINEER by placing at his disposal all available information pertinent to the Project including previous reports and any other data relative to design and construction of the Project. 2. Guarantee access to and make all provisions for the ENGINEER to enter upon all City property as required for the ENGINEER to perform his services under this Agreement. 3. Designate a person to act as City's representative, with respect to the work to be performed under this Agreement; and such person shall have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this Agreement. 4. Give prompt written notice to the ENGINEER whenever the CITY observes or otherwise becomes aware of any defect in the Project. 5. Furnish, or direct the ENGINEER to provide, necessary additional services as stipulated in Part C of this Agreement or other services as required. Part C. Additional Services of the ENGINEER If authorized in writing by the CITY, the ENGINEER will furnish or obtain from others additional services of the following types which are not considered normal or customary Basic Engineering Services, and these will be paid for by the CITY as indicated in Part D. -5- Preparing to serve or serving as a witness for the CITY in any litigation or other proceeding involving the Project, unless ENGINEER is a party to such action or claims relate to alleged negligent acts of ENGINEER. 2. Provide those services required by the CITY when requested (n writing which are not otherwise provided in this agreement. Part D. Pavment to the ENGINEER for Services Rendered 1. Basic Enqineering Fee The CITY will pay the ENGINEER for all services under Part A a Basic Engineering Fee in accordance with the hourly schedule following: 2 Payment to the ENGINEER for Additional Services The CITY will pay the ENGINEER for additional services rendered under Part C as follows: a. For all additional services, the ENGINEER will invoice the CITY and the CITY shall not be obligated for payment unless it has agreed in advance for payment. Part E. General Consideration 1. Termination This Agreement may be terminated by either parry by seven days written notice. If this Agreement is terminated during any phase when the ENGINEER is being compensated on the basis of an hourly rate, the ENGINEER shall be paid for services rendered to the date of termination. In the event of any termination, the ENGINEER will be paid for any unpaid reimbursable expenses. Any previous partial payment made shall be credited to any terminal payment due the ENGINEER. 2. Successors and Assigns The CITY and the ENGINEER each binds itself and its partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither the CITY nor the ENGINEER will assign, subcontract or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it be construed as giving any rights or -6- benefits hereunder to anyone other than the CITY and the ENGINEER. The ENGINEER understands that the CITY may bind itself only to the term of office of ks elected City officials. Part F. Special Provisions The CITY and the ENGINEER agree that this Agreement shall be subject to the following special provisions which together with the provisions hereof and the exhibits and schedules hereto represent the entire Agreement between the CITY and the ENGINEER; they may only be altered, amended or repealed by a duly executed written instrument. Part G. Supplementary Conditions Section 1 -Government Requirements The ENGINEER shall conform to all applicable rules and regulations, prepare all documents and make all submissions as required by any and all government authorities having jurisdiction over the design of this Project. If these rules and regulations substantially change during the Project, the ENGINEER shall request the CITY to reevaluate the scope of work and/or contract amount as it relates to these changes and the CITY shall reevaluate. Section 2 -Record Drawings Upon completion of the work, the ENGINEER shall compile tor, and deliver to the OWNER, a set of record documents conforming to the construction records of the contractor and knowledge and observations of the ENGINEER. This set of documents shall consist of the corrected specifications and plans showing the reported or actual location of the work. While the information submitted by the contractor and incorporated by the ENGINEER into the record will be assumed to be reliable, the ENGINEER will not be responsible for the accuracy of this information nor for the errors or omission which may appear in the record documents as a result. Unless the ENGINEER has actual knowledge of such errors, omission or inaccuracies. a- IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF RIVERSIDE, MISSOURI LARKIN ASSOCIATES CONSULTING ENGINEERS, INC. By ,C~~-~c~, ,B.~e-!~ Title ATTEST: ~~ ~~,E? ~G~c~ City Cle gy „~,~,~ Princi -8- HOURLY CHARGE RATES Larkin Associates Consulting Engineers, Inc. As of January 1, 1991, hourly charge rates are as follows: Principal $95.00 Associate 70.00 Associate Engineer 60.00 Assistant Engineer 50.00 Resident Project Representative 45.00 Designer -Drafter 50.00 Drafter 40.00 Land Surveyor 45.00 Survey Party Chief 40.00 Rodman-Chainman 30.00 Project Related Clerical 35.00 General Clerical No direct charge Salary adjustments normally occur at approximately the end of each calendar year. An adjustment of 5°6 is expected effective January 1, 1992. Direct expenses will be billed at cost plus 10% for handling.