Loading...
HomeMy WebLinkAbout1104 Amendment to Agreement for Engineering Services with SKW BILL NO. 2012- 011 ORDINANCE NO. I D �7 AN ORDINANCE AMENDING THE AGREEMENT FOR ENGINEERING SERVICES WITH SHAFER, KLINE, & WARREN TO PROVIDE FOR A CHANGE IN THE SCOPE OF SERVICES IN CONNECTION WITH ENGINEERING DESIGN FOR IMPROVEMENTS REGARDING THE VIVION ROAD BRIDGE OVER LINE CREEK PROJECT RESULTING IN A TOTAL AMOUNT FOR ENGINEERING SERVICES ON SUCH PROJECT NOT TO EXCEED $367,840.00 WHEREAS, the City of Riverside, Missouri ("City") entered into an agreement with Shafer, Kline, & Warren for provision of engineering design and basic professional engineering services related to the Vivion Road Bridge Over Line Creek Project pursuant to Ordinance 2008-144 (hereinafter the "AgreemenY'); and WHEREAS, there is a need to amend the Scope of Services under such agreement to provide for additional engineering services related to design of the improvements to Vivion Road Bridge Over Line Creek Project as set forth in Exhibit A attached hereto; and WHEREAS, the Board of Aldermen find it is in the best interest of the citizens of the City of Riverside to provide for such additional Services; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1— AMENDMENT APPROVED. Execution and delivery of an amended scope of services with Shafer, Kline, & Warren in substantially the form attached hereto as Exhibit A, in the amount of $120,000.00 is hereby approved, ratified and authorized to the Agreement, resulting in a new contract amount not to exceed $367,840.00. SECTION 2— AUTHORITY GRANTED. The Mayor, the City Administrator, the City Attorney and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized and any actions taken prior to the adoption of this ordinance are hereby ratified and approved. SECTION 3— EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, passed and approved by a majority of t e Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, this/�� day of February, 2012. � Kathleen L. Rose, Mayor AFTEST: obin L`ittre , Ci y Clerk Approved to Form: omp n, City Attorney CITY OF � RIVER,SI S- � Upstream from ordinary. 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: February 3, 2012 AGENDA DATE: February 7, 2012 TO: Mayor and Board of Aldermen FROM: Travis Hoover RE: Design Contract for the Vivion Road Bridge over Line Creek Project BACKGROUND: Shafer, Kline & Warren, Inc. has presented a change order for an amended scope of services related to the design of the Vivion Rd. Bridge over Line Creek Project during the October 25, 201 I and January 24, 2012 quarterly budget updates. Attached is the formal request which was discussed during the updates. Original Contract Amount $247,840.00 Total this Change Order $120,000.00 Current Contract Total $367,840.00 RECOMMENDATION: Staff recommends approval of the ordinance and acceptance of the change order with Shafer, Kline & Warren, Inc. for the Vivion Rd. Bridge over Line Creek Project. BUDGETARY IMPACT: Approximately $367,840.00 will be expended out of the Vivion Road Bridge over Line Creek budget for the design under this contract. siaar-�Fa, Eci_i�ve m, w�,rarar:N, �Nr,. January 27, 2012 Ms. Donna Resz Finance Director City of Riverside 2950 NW Vivion Road Riverside, Missouri 64150 Re: Line Creek Bridge--Change Order Dear Ms. Resz: As a means of providing a written version of change orders previously approved verbally, we are requesting a change order for rehoactive and future design work done on the Line Creek Bridge project in the amount of $120,000. Reasons for this change order include: • MoDOT changing the project from an LPA (simpler) to full MoDOT (more complex) project halfway through design. This involved significantly more meetings, design considerations and broadened the complexity of the project plans and specifications. • Multiple iterations of location and elevation for driveways east of the bridge (for access into Mike's Fireworks and Northmoor Shopping Center). • Iterations of Homestead relocation alternatives west of the bridge. • Additional meetings and equipment location iterntions for utility relocations. • Extending the bike trail fiarther east along the south side of Vivion to Klamm. Combining this change order value with our original fee of $247,840, our total design fee would become $367,840 (aside from geotechnical fees, our original contract exclnded expenses). Should you have any questions related to this change order, please do not hesitate to call. � SHAFER, KLINE & W ARREN, INC. � / "� �' I By: Matt Eblen, P.E. i Senior Project Manager � 11250 Corporate Ave., Lenexa, KS 66219 �oFp�cE> 913. 888. 7800 (Fnx1 913. 888. 7868 vnvw.skw-inc.r.om ' tr::l�. ic�i �,•.i �..a.[i.� ni t.i. .[�i. � .�...r(-.., r n �.o5i.�.. .r..�1:.�nf,y� .��r „�d4:�.r : t..� i:.�P:�s I. �..u.'�.,r .. ... .. i xxaw�gxxxxxNgxxxxmxg xnssgsxxx���xxx�xoxs€s�mo eeeee eeeeeeeeee2Yeee e aeeeee� r ppe e eeee¢ m � � m vea ee _ __ S88SSP8888...�: . 8Y888gY __ __ ' _ �588� � ' 858.. ..�».».»»».» » .»»..»»» �°a�»�sss�»A���»g= a ».»»a ° »». : � � .» „ " . »»» . » � »»».»»» »�» � �? _ Ie$e _ s I°a �: . » �: ' . » �o ., . ° $� €i €€ F€ yu a� a� Io <S Ilm� _ = m. $=S . - '�'" m= rnr��.r R» `_ - .e rm 7I�� _- ___•�o- RS � U i > _- le„~ _ � w W Y � W' °n$ �$p� eF I �F. e. _� a r�leo g�r .rn rr. „_ `�o� � o� � oo s � jo � p'� w� p - _a y= _- wm � � e@�w w X ' � S `F ' xx �a y g i N � -cw • W � � ° p pF �5 < W �3 W --N - s � i W � g 3 � �E g p �` L �5 z o€_' �° 6 � r x E g 3 � g o z 6 W O � o c� �" p s � a a y x�a a � a g � 9 w8o m $ 4 � s fr E6 8� ffiE o � m� o L F E g� S'. EB�� „ E . a S FLm Ze m S �€ Y 6 �� s a4 � 8 . �.' v g•` 8 o wfm:��i�z� aad �aoir8 4 o mmrcn:•�3����m��aua8i a3�8 � o�:€_way�oG�aa6»mm<°oo�»d<i os.u° aiooixa axv cavmacr nwnno OESCRIPTION �nnc�pel P�olett Enpinea� EnginBOr iec�nelan LA o� PLS Survxy XDS CN�icel C0.5T Manepm IV I III G4nne� C�ex Ne/Nai BdEingASSlslanre ���' �� so wrvro! Bq Rmwi SO YOIVi9! AwaNflaPomnenEalbn f0 YOIVN� YpIV�I! Xoun 0 0 0 0 0 Hou�yFete f110 5150 $1J5 SBS S05 5110 f110 $t80 SBS $W SuhlMel SO 0 SO SO 0 SO 0 0 0 0 iOiALBiOOING 30 MleaBe f05< f0 WIVN�. ToIIGAa6DVYwrie9 30 WIVN�. EXPENSES $VBiOTPL 5U NDIVN! TOTALCONSTPVCTIONVXP9E f0 CONSi0.11CTION VHABE OESLPIPTION P�nclpal Pm�eC Enpinee� Enylnea� Teclv�lpen LA a� FLS Sumy HOS Cle�lcel COST MenaBe� IV I III Planner L�aw Openlo� VuEI� Meelmp YOIVN�. SM1ap��awmBPwwx 30 WIV.O�. P�opviMenaqerron� 30 WIVN� MminlsliBM1an f0 WIVA'. MmtinBSlupb JI _ f0 .1OIVN�. Ho�,: o 0 0 0 0 0 o wrvro�. IbuelyRele il]0 f150 f135 f95 SB$ f110 5110 {180 f85 Sfi0 s�em�.i o 0 0 1oTU causrnucnoN so rorvm! o.m Ho�s.ury e.peo:e: rorvro� Miieege 305a SO YOIVro! roucan:no.im.�o so rorvro� E%PENSESSVBTOiµ f0 MONN�. TOTPLCONEiRUCTIpN VHRSE �� OUR CPINION CF PflELIMIN4RV PRO..ECT CONSi. COSi = f 0 CIXICEPTUFLPWISE�SP1AflIE5 f0 WIVN! CONCEPTWY PIWSE�E%PENSES 50 IDIVN! OE&IGN PIWSE-SAIARIES f120,0'A YOIVi9! DESIGNPWSE-E%PENSES 30 YOIVN! TOTRL OFSION GNA4F f ��� �� BIDDING6CONSTRVCTICNPHASE-SAIMIES SO WIVA�. BID�INGBLONSTRVCiICNPHASE-E%PENSES f0 WIVN! TOTAL BIODINa 6 COX9TRUCiION PNASE f 0 TOTiLFEE3FOfl CHRNOEOMOER• {130,UW � BILL NO. 2008-144 ORDINANCE NO. 2008-144 AN ORDINANCE AUTHORIZING THE CITY OF RIVERSIDE, MISSOURI TO ENTF,R INTO AN AGREEMENT WITH SHAFER, KLINE & WARREN INC. FOR DESIGN SERVICES FOR THE US-69/VIVION ROAD OVER LINE CREEK BRIDGE . REPLACEMENT PROJECT WHEREAS, the City of Riverside, Missouri ("Cit}�� engaged in negotiations with Shafer, Kline & Wazren Inc. ("SKW'� for provision of engineering and design services related to the US-69Nivion Road Over Line Creek Bridge Replacement Project under consideration by the City (the "ProjecY�; and � WHEREAS, the City and SKW have reached an agreement conceming the pmvision of and payment for road�and bridge design services for the Project (the "AgeemenY'). NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The City of Riverside shall enter into the Agreement, in substantially the form attached hereto as Exhibit A, whereby SKW shall provide design and engineering services, related to the Project, to the City at a total cost not to exceed $247,840.00. Section 2. This Ordinance shall be in full force and effect from and after its passage and aPProval. Passed this �1� ' of , 2008. ���� Mayor A . City Clerk � ry ,� ° �.EG���I � ; '/•' �:'s&-A.E'�£"z�:�'s„ �°S.�.RYA�-: .z?c ?lV6a�W.���� 9�AS:. �R.� b � � � �UU� �. �, .. QEC 1 5 � � �- C�TY OF RIU�RSID�:: December 11, 2008 VIA �-MAIL & U.S. MAIL Revised: December 12, 2008 Mr. David Blackburn, City Administrator Cit�� of Riverside 2950 NW Vivion Road Riverside, Missouri 64150 Re: Vivion Road Bridge over Line Creek Agreement for Professional Services Dear David: Thank you for considering Shafer, Kline & Warren, Inc. (SKW) to provide professional services in conjwiction with Engineering Seivices for the Vivion Road Bridge over Line Creek, hereafter called the "ProjecP'. A detailed description of our proposed services on the project is provided in Uie attached Basic Services Summary. Our compensation for completing the services listed in the Basic Services Summaiy will accrue on an hourly basis, in accordance with our Hourly Rate Schedule, which is attached hereto, and in effect at the time the se�vices are performed. Total compensation, excluding reimbursable expenses, �vill not exceed $247,840.00 �vithout prior written consent. Reimbursable expenses (out-of-pocket expenses such as printing, vehicle mileage, delivery charges, filing fees, or application fees, etc.) will be invoiced at actual cost, plus ten percent (10%) to cover administrative overhead. The total compensation fee does inciude $22,000.00 in fees for a subconsultant to perform a geoteclmical investigation. You will be invoiced monthly, based on the project progress that has occurred. All invoices are due and payable on receipt and will be considered past due if payment is uot received within 21 days. Once project invoices are past due, an interest charge will accrue to yom• account at the rate of oue and one half percent (1'/z%) per montli, and we will retain tlie right to cease �a�ork on die project wrtil satisfactory arrangements are made to settle the account. We expect to begin our services promptly, after receipt of your acceptance of this proposal, and complete otu• work, �a�ith all due di]igence and in a timely manner. If there are prori•acted delays, fw• any reason, �ve will notify you iixunediately, City of Riverside sgree(s) to provide all necessaty information for the performance ol'our services within a reasonable time after it is requested and that SKW 4vi11 be given timelp access to the project site, as necessary, to complete the proposed professional ser��ices. 11250 Corporate Avenue, Lenexa, KS 66219 (OFFIGE7 913 . 888 . 7800 iFnx> 913 . 868 . 7888 www.sl<w-iEir..coisi CML ENGU7EER5 • LANO SUflVEVOPS • ELECTHICAL ENGIIIEEBS • LAN�SCAPE ABCHRECTS • GIS WtlSIILTANTS • CONSTflUCTI01100SEHVENS • LAI70 PWlNEflS • h1ECHA�7ICAL EHGIIIEEflS Mr. David Blackburn, City Administrator City of Riverside December 11, 2008 Page 2 The following individual s are designated as primaiy proj ect representatives for City of Riverside and SKW. These individuals shall be tlie primaty point of contact and shall receive all coi7�espondence or notices. Shafer, Kline & Warren, Inc. City of Ri��erside Gaty D. Strack, P.E. David Blackburn 11250 Corporate Avenue 2950 NW Vivion Road Lenexa, Kansas 66219 Riverside, Missouri 6�}150 Phone: (913) 888-7800 Phone: (816) 746-3993 Fax:(913)888-7868 Fax:(816)746-8349 E-mail: strack cr skw-inacom This agreement, along witli the attached Basic Services Summaty and Terms and Conditions {2 pages), represent the entire understanding between us in respect to this project. The Terms and Conditions detail many provisions affecting this agreement, including some wliich limit SKW's liability regarding the project. The Terms and Conditions should be read and understood before entering into this agreement If diese documents satisfactorily set forth your undeistanding of our agreement, please sign the enclosed copy of this letter agreement in the space provided below and retm•n it to us. This proposal is open for acceptance until January 12, 2009. We appreciate this opportunity to provide you this proposal for our se�vices and look forwa��d to working with you on this project. If questions should arise after you review this proposal, please call tha number listed above. SI-IAPER, KLINE & WARRi'N, INC. �G n� GGti✓r o� (/�T By: Gerald C. Jol s n, P.E, By: Gary . Strack, P.E., SECB Division Manager, Design Seivices Associate/Director, Structw�al Engineering tkd\\Le�project�ProjectsV00336-260\Vivion Rd ovcr Line Crproposal.�rpd CITY OF RIVERSIDE i � ' . B : � � ` ��� Accepted this �, day of � - ' �' - , 2008. Y David Blackburn J � Title: City Administrator Mr. David B1ackUurn, Ciry Adminisri•ator City of Riverside December 11, 2008 Page 3 BASIC SERVICES SUMMARY Attached to and made a part of the Agreement for Professional Setvices dated December 11, 2008 by and between City of Itiverside and Shafer, Kline & Warren, Ina, in respect to Engineering Services for the Vivion Road Bridge over Line Creek, the "ProjecY' described therein. SCOP� OF BASIC SERVICES For the compensation outlined in this Agreement, SKW will perform the following professional seivices. Services not detailed within the Scope of Basic Services are specifically excluded fi•om the scope of SKW's work and SKW assumes no responsibility to perform any seivices not specifically listed. • Preliminary plan preparation including geotechnical investigation, preliminaiy bitidge design, hydratilic design, roadway design, and topograpl�ic survey (pending receipt of survey information from the MoDOT Study of Vivion Road). • Corps of Engineers permit preparation and MoDOT coordination. • Utility coordination along Vivion Road. • Riglrt-of-Way Plan and Easement preparation. • Final plan and specification preparation including final bridge and roadway design. � Meeting attendance once a month for 12 months. • Bidding assistance. • Administratio�a assistance duriug construction. • Shop Drawing Review. Exclusions: • Archaeologicalstudies. • Consh'uction Staking. • Consh•uction Observation. ADAITIONAL S�RVIC�S If agreed to by tlie client and SKW, we will provide Additional Services related to the Project. Additional Seivices are those not included as part of the Basic Scope of Seivices and shall be paid for by the Client in addition to payment for Basic Services, in accordance with SKW's prevailing fee schedule, in effect at the time that such services are rendered, or as otherwise agreed to by the client and SKW. TERMS AND CONDITIONS SHAFER, KLINE & WARREN, INC. ASSTGNMSNT. Neither party of this A�ccmcnt shall vsnsfer, sublet or easign any rigLfs under or inteYest in this Agrecmcnt (i¢cluding but not 1Gnited to mania Uwt acc dua or moniu that may ba dua) wilhout tLe prior written consent to the other petly. 3ubconVecting to aubconsultants nocmatly w¢tcmplated by SKW shall not be consideced an assignment for pwposea of �hia Agreemrnt. HgTTgRD1ENT, I[a required item or wmponent of the project should be omitted �om consl�uction documente. SICW aLetl not be responnible fot peyiag tlie costre9uired to add such item or component to tho extentttiatsuch item orwmponeatwwlddavobeen required and included in the origival cansWction dauments. In no event will 3KW be responsibie for and cost or expen.sa that providoa bettemimt or �pgradea or enhances the vaiue of tha projecL 9II.I1NG AND PAYA7ENT. Invoices subautted Dy 3KW are due upon presentetion end aha11 bo con+idered PA3T DUE if not peidwittdatwtuty�ona(21)catendazdaysoftheinvoicedate. ifpnymmtisnotmcivedby3KWwithinhventyone(2t)celendar daya ofthe invoicedate, invoicea shalf bear interat at one-aud-0nahsif(I.5) perant(or the maximum atlowable by law, whichever is tess) of the PA9T DUE amouat per month, which'shall ba celculated from the invoica due dete. Payrttent thereafter s6ell fi[at {x eppl[ed W accnud interest and then to tha unpaid principel. if �he Clicnt fails to rmka payments whrn due and 8XW incurs any wsu in onder to collect ovordua sums from the C6rnt, tlw Client agrees that all such coltection costa incucred ahall immediekly become dua end peyabte to SKW. Collection costa shall include, wlthout Iimitatian, legal fae, wllection agrncy fees end expenses. couR costa, wilection bonds and reasonable SKW staffcosts st atendatd billing cafw forSKW's time apent in e�'oRe to wllat. TLis obligelion oC the Client ro pay collcetion cosh shall surviva the term of thls Agreement or any earller tttmination by eilher pet}y. if tha Cikat feils to make payments when due or otherwiu ia in breach of �his Agreement, SKW may suspend perfo`mence of services upon uven ('p calendnr days' written notica W the Client. SKW shell Leve no liability whatwaver W the Ctient fm any wste or demega es a ruult of ausprnsion caused by any breach of this Agcement by t6a Client. DxLiVERY OF CADD RII.ES In requesting and utilizing any drawings or other dsta o¢ eny Comi aPalatronic media genereted end provided by SKW as part of thia project, the Client wvenenW and agrees that ell such dravringa and data aze insWments ot service of SKW, who shall be deemed the author ofthe drawingg end deta, and shall re�ein all comnton law, statutory law end oWer rights, inctuding copyrighis. 'MY elaVaOic 6jes providedby SKW to the Client ere submilted for an acceptance period of 30 daye. Lkliveey of Uie elwvonic file witl ¢e auompenied by s hard copy print which cellats tho infomietion cantained in the eieetronic fomiet The climt is asked to careful ly verity that the elecUonic infoimation, wheq utilizod within the client's computer of CADD euvironment, wrtesponds to the hard copy print. My inconsistenciea the Clieut dixoveca shoutd immediately be apoRed W SKW so U�at the source of the inconsistency may ba urvestigatal. $ecause data stored on electronic medie can deteriorate undetected or be modi6ed without 3KW's knowtedge, if, at eny tima, a diR'erenceexists betweenthe filnon the eiectronic medisand theprovided herd copy ptint, the herd copy print will govcm. The Ciient further egrees not ro use these drawings end deta, in whole or in pact, Cor nny puryose or project other than lhe project which is the subjat of dus Agreemrnt. 'Ihe Client ageea to waive alI cleims against SKW resulting in any wsy &am anY unauthoriud chenges or reusc ot tho drawings snd date for eny othu projxt by anyone other than SKW. In addilion, Uo Client agrces, to the fullest cxtent permitced by law, to indemnify and hold SKW harniless Gom any demage, liability or cost, including rcasonebie ettomeys' fas end cosb of defrnse, arising from any chm�gea made by an}ront other than 3KW ar &om eny reusa of che d�awinga and datn wiltiout the prior written wnsrnt of 3KW, Underno cimumstances shall uansfer of the drawings end other instrumrnro of savice on electronic mulia for use by tha Client be dcemed a setc by SKW, and SKW make� no warranties, eithcr esp�eaa or implied, ofinerchantabilityand fitness for any pe�ticular pu�pose. CERTIFICATIONS, GUARANTEB3 AND W ARRANI7ES SKW will, as e matter ofprofessional practice, a�x a professionel seai lo �he finel copy of ell completed plans, surveys or reports, Should the ClienCs projut needs require 3KW to sign specilSc ceAifice[ions or other documenb, oithor for the Ciient or for second pazties (such as lenders or poten[iel buyere), �he Ciient shalt provide SKW �vi�h copies of ail such dceuments, conlaining the longunge to be sip�ied, prior to cntering into tBis controct. 3KW witl review the ceAifications or documents submittedbyNe Clicnt ro detetmina whethercomplete a�id su(ficien[ uif'omtelioq is being coileated or genaated as part of the proposed scopo of work to altow SKW, as licensed professionals, lo sign the documents and, if nol, SKW mey propose a modificd scope of work and cost. My certificalioro ar document tenguage Ihal SKW hus reviewed and agrced to sign aa pari of the scope oC�wtk shall 6e ettached nnd mndc part eCthii egreement. 3KW shell nat be requind lo nign any ceAificationa or documents, no metttt by whom requuted, lhat have not becn provided prior lo entering lhe contcael or Ihel � aouid resu�t in SKW's having to wnify, gverantee o� wartenl Oic esistenet of conditions whose existence cennot be ascertained. 'tfic client also agrces not to makc resolulion of any dispute wi�h SKW or purnent oFany amouN due a SKW in yiy way eontingen� upon SKW's signing any such certification. CONSEQUENT[AI,DAMAGES Natwithstending any other proviaion of the Agreemrnt, ncithcrparly stiaLL be liable W U�eother for any consequenUsl demeges incarred due w the fault of the other party, rcgazdleu of the nawra ot tttis feult or whelher it was committed by lhe Clirnt or SKW, iheir omployees, agtnb, subconsultents or subconhacrora. Consequential damega ineiude, but are not IGnited W, lose of use, loss of incoma, losa of profit, loss o(businesa, end/or losa of reputation. DISPUTE RESOLUTLON. Tn en oCfoR to resalve any wnllictx that arise during the projact or following tho compleUon of the projx4 � Climt end3KW agrathat aU disputes belwecn them arising out of or relsting W the Agreemeut shatl first basu6mitkd to nonbinding mediofion unless the paRies muNnlly egree othernise. Costs of the medialor's services will be shered equally between Ute Client and SKW. IiAT,ARDOUS MATERiALS. It is ecknowledged hy both paztiea thet SKW's scope of secvices does not i¢clude any services related to asbestos or luvardoa+or Wxic materiela. ia the evmt 3KW or any oNer pazty enwunters es6esWS or he�acdous a toxic materiala at the jobsite, or should it become Imuvm in any way �het such materiels may be present at the jobaik or enyadjacrntareas tAat roey affat tha perCrnmana of SKW's secvicee, SKW mny, at its opNon enA without liability for wnsequentiel or any othor damagea, euspendperfotmance of services oq tha project until We Cllent rateine appropriete speciatist consultent(s) aeonttncW�(s) to identiry, abate and/or remove the asbestos or heurdow orronic materiels, end werrant tfiet tLe jobsite ia in t�l� complience wlth eppGcable tewa and rcgulationa. GOVERNIPiG I.AW. 'ilia laws of lhe Stale in which tho SKW oftiee ia located �vhere Utia contract originates will govem the vaiidity of this A�eement, its intexycetetion and performencc. My litigation ariaing from this Agreemrnt ahall bo brougLt in Na coucb oPthat Statc. INSUltANCE. During the �erm of this Agreemeat, SKW agrees W meintain insurs�ce coverage for genecal and professionel liability. Upon cequost ot the client, SKW will provide a cert�caHon of wverage which documenta the existenca of insuranu. INDEMN[FICATION. SKWagrees,tothefultestextentpennittedbylaw,Windertutityandholdhamilesstl�eCtient,itao�cers. directon and employees (cotlectivety, Clienq against ell dnmegea, liebilities or costs, induding rcaaonable attomeys' fees and deCense cosu, to the extrnt ceused by SKW's neg�igent perfortnence of profeaaional servias under this Agreement and ihat of its subconsultants o[ anyone Cor whom SKW is tegally liebla '(he Clirnt egreea, W the thllest exknt permitted by law, to indemnit� and hold haimtess SKW, its officcrs, dimcWra, employees e�id subconsultant+ (collcetively, SKWj against ell damegw, liabililies a costs, including ceasonuble attorneys' fets and defenae ..� costs, [01ho exteut caused by the C{tent's negtigent ects in connecGon vnth the Project end Uie ects of ita wntractors, au6eontracWC� or wneultents or enyone for whom We Client is tagalty liabic. Neiiher the Client nor SKW shatt be obllgeted to 4tdemnify the other pazty in eny menner whatsoever for ihe othtt pecty's own .. negiigence. OPINIONS OF PROHABLE COST. tn providing eny opinions of probabin constrvction cost, lhe Client undttstands thet SRW has no control over the cost or avaitability of labor, equipment or meterisls, ox over market conditions or the Contreetor's mefhod of pricing, and thnt SKW's opinions of probabie consWction costs are made on the basis otSKW's professionel judgentent and experience, SKW makes no wattanry, express or implicd, tl�et the bjds or the negotiateA cost of the Work wilt not very Gom SKW's opinion of probeDle conswction cost. OWNERSflIPOFINSTRl1MEN7'SOFSERVICE. Nlreporls,plens,speci6cutions,computerfites,fielddats,notesandothec documenu and inswments p2pared by the SKW as instcuments of servicc sheli remain the propeAy of 3KW, SKW shell retain ail common law, sratutory end other reucved rights, including the copyright theroto. STANDARD OF CARB. In providing servicas under Uus Agreement, SKW will endeavor to perCortn in e mnnnar consistent with thet degrcc ofcare and skill ordinarily exercised by membera aflhe seme proCession cuncntly practicing undersimilarcircumstancea. Upon notice W SKW and by mulval agreement between the parties, SKW will, without additionat compensulion, cortect ihose serviccs not men�ing such a standwd. TERhIINATION. F'ithertheCliantorSKWmaytemiinate�hisAgreementatnnytimawithonvithoutwuseupongivingtheother party seven (7) calendar days prior writtrn notice. Tha Client sMtl, within �hirty (30) celendar days of terminetion, pay SKW for all scrvices rcndered nnd all costs incurred up to the date oCtennination, in uccorJance wilh the provisions of this contract. WORK IN PROGRESS. It is ageed and undecstoal thet any work performeA by SKW shall not be dcemed complete, nor may it be relied upon as comp:te, until dclivery ol the ��ritten, sealed and signcd p[aluct. Prior to final completion, uny information gcncratcd 6y SKW in �hc perfofmxncc of thcir scrvica, wfiethcr in thc fo�n of survey sinkes a�id monwnents in tha ficld; or plans, plats, reports or other work items (whether provided in writkn, nieetronic, or other format) sheil ell be considered as proliminary work in progress and subjecl to rcvision. SKW cwmot gvarantee the suitability oCthis infortnation Cor nny party's putposes and sholl hevc no liabiliry or responsibiliry whutsocver for the use of such prcliminsry infottnaGon by Ihe Clienl or othcra. I — S3#lAFEii 6C1..1LVIE": Sc W&iFiFdEM� iNC. I e i i ELOURL�' RATE SCHEDULE I �I CLASSIFICATION HOURLY RATE CLASSIFICATTON HOURLY RATE Principal $170 SecretariaVClerical $35 i Associata l50 Engineering Technician V 105 , Engineer V 135 Engineering Technician IV 95 Engineer IV 125 Engineering Technician III 80 Engineer lit 115 Engineering Technician II 70 Engineer II 100 Enginearing Technician I 60 Engineerl 90 Drafter 55 Landscape Archltect IV 125 Construction Observer IV 90 Landscapa Architect III I 10 Conshvction Observer IfI 85 Lxndscape Architect II 100 Conshvction Observer II �5 Landscape Architect I 85 Construction Observer I 65 Landscape Design 70 Registered Land Surveyor II I 10 Planner 1V 120 Registered Land Surveyor I 95 Planner III � I 10 Survey Crew 160 PlannerII � 100 SurveyRodperson 55 Plamier I 85 Survey Technician V 100 GIS ConsuRant N 115 Survey Technician N 90 GIS Consultaut III 100 Survey Teclmician III 80 GIS Consultant II 85 Survey Technician II 70 GIS Consultant I 70 Survey Technician I 60 � Controls Technician III 90 Controls Technician II 80 Conhols Technician I 60 Photogrammetrist 90 Adminishative Assistant 70 Equipment Costs (Hourly Rate) GPS Survey Receiver $Z� High Definition Scanner $150 Note �k/ Thehourly rate shoivnforSmvey G•ews includes stakes, flagging, iron bm•s and other �niscellaneousntaterials. Note #2 All reimbursa6le �penses incurred on a project ivill be chm•ged at a rate of direct cost plus 10% to cover ad�nlnlstrative overhead. Direct cost of passenger cm• mileage wt(1 be at the stnn�fard rate estabfisher! by the Internal Revenue Swvfce and in e,�J'ect at the time the eYper:se rs incur��ed. Direct cost oftn�ck/van mlleage wll( be at !he IRS standarrl passenget• car r•ate, ph�s 20%. Plottlng and reprodirotion wi!! be charged nt 80.50 per square foot for al! media except photographic glossy, which wtI( be charged at $1. DO per sguare foot. Color copfes wilf be charged a! ,50.80 per 8.5 x 11 sheet and $1.60 per 11 x 17 sheet. S:�bcontract expenses wf(! be charged at quoled pr•Ices with rio nrm•kup. Effective July I, 2007 11250 Corporate Avenue, Lenexa, KS 68219 �oFFic� 813 . 888 . 7800 �nx� 919 . 888 . 788$ www•skw-inc.com CIVIL ENGINEEHS • LANU SUflVEYOHS • ELECTHICAL ENGINEEflS • IANDSCAPEARCNITECTS • GIS CONSULTAHTS • CONSTflUCTION OBSEHVEflS • LRND PIANNEAS • MECHANICAL ENGINEEflS