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HomeMy WebLinkAbout1217 HDR Engineering Agreement BILL NO. 2013 -040 ORDINANCE NO. / a J 7 AN ORDINANCE APPROVING AUTHORIZATION NO. 6 TO AGREEMENT BETWEEN THE CITY OF RIVERSIDE MISSOURI AND HDR ENGINEERING, INC., FOR CITY ENGINEERING SERVICES WHEREAS, the City of Riverside Missouri (the "City ") has determined that the City requires Engineering Services ( "Services ") for certain projects and that such Services are for a public purpose; and WHEREAS, HDR Engineering, Inc., ( "HDR ") entered into an agreement with the City to perform certain On -Call Engineering /Consulting Services (the "Agreement "), attached hereto as Attachment A and incorporated herein, on August 4th, 2009, pursuant to Ordinance 2009 -110; and WHEREAS, as detailed in the Scope of Basic Services (the "Scope "), Exhibit A of said Agreement, HDR is authorized to complete, and will perform, the additional scope of work associated with Resident Project Representative Services (the "RPR Services ") on an On -Call basis upon receipt of executed Authorization No. 6 Task Order ( "Task Order"), substantially the same as that attached hereto as Attachment B and incorporated herein; and WHEREAS, the Agreement and the terms and conditions therein shall remain unchanged other than as modified by the Task Order's provision for the additional RPR Services related to: Construction Documents for Riverside Horizons; Grading, Paving, Storm Drainage, and Public Street Lighting as more specifically detailed therein; and WHEREAS, it is understood by HDR and the City that excluded from the Scope is RPR Services related to the Public Sanitary Sewer Extension and Public Water Main Extension, both of which will be completed by the Utility Owners; and WHEREAS, compensation will be based upon an hourly rate not to exceed a total fee of Seventy Eight Thousand Eight Hundred Dollars ($78,800.00), as set forth in Attachment B; and WHEREAS, the staff recommends to the Board the passage and approval of this Bill and Ordinance approving the Task Order; and WHEREAS, the Task Order fulfills a public purpose, will further the growth of the City, facilitate the orderly development of the Horizons East site, improve the environment of the City, foster increased economic activity within the City, enable the City to direct the development of the Horizons site, and otherwise is in the best interests of the City by furthering the health, safety, and welfare of its residents and taxpayers. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1. AGREEMENTS APPROVED. It is in the best interest of the City, in order to further the objectives of industrial and economic development of the City, and to further the health, safety, and welfare of its residents, businesses and taxpayers to APPROVE the Authorization No. 6 Agreement for Engineering Services (the "Task Order") ( "Attachment B" attached hereto and incorporated herein). SECTION 2. AUTHORITY TO EXECUTE. The Mayor, City Administrator, City Attorney, Special Counsel to the City and all other required city officials are authorized to execute the AGREEMENTS authorized herein together with any and all documents necessary or incidental WA 4293448.1 BILL NO. 2013 -040 ORDINANCE NO. la /7 to the performance thereof and to take such other actions as may be deemed lawful, necessary and /or convenient to carry out and comply with the intent of this Ordinance. SECTION 3. SEVERABILITY CLAUSE. The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this ordinance. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMEMBERED that the above was PASSED AND APPROVED by a majority of the Board of Aldermen, and APPROVED by the Mayor of the City of Riverside, Missouri, this j day of June, 2013. 1// /4 . tfrt - )4 "0-422 - K 1 en L. Rose, Mayor ATTEST: (? C L Robin.Littrell, ity Clerk Approved as to form: ' cer Fane Britt & Browne LLP S • - cial Counsel to the City By !►. _ ednar WA 4293448.1 I-R I Archer • • July 30, 2009 Mr. David Blackburn City Administrator City of Riverside • 2950 NW Vivion Road • Riverside, Missouri 64150 • Re: Agreement for On -Call Engineering/ConsultingServices Dear Mr. Blackburn: . Thank you for considering HDR Engineering Inc. (IIDR) to provide on -call engineering services for the City of Riverside, as indicated herein. A detailed description of our proposed . services is detailed in the attached Basie Services Summary. • Our compensation for completing the services listed in the Basic Services Summary will accrue on . an hourly basis, in accordance with our Hourly Rate Schedule, which is attached heteto, or the one in effect at the time the services are performed. 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 coder administrative. overhead'. Total compensation, including reimbursable expenses, will not exceed the amount . indicated for each Task Order without prior written consent. We expect to begin our services promptly,;after.receipt of your acceptance of this proposal, and complete .our work, with all due diligence and in a timely manner. If there are protracted • delays, for any reason,. we will notify you immediately. The City of Riverside agrees to provide all necessary information for the performance of our services within a reasonable time after it is requested and that HDR will be given timely access to the project site, as necessary, to complete the proposed professional services: • 90R. Engineering, lac. • • - • - 3741 NE Twos NW Phone (816)5544019 N.Vtivertale. MO.On-Call Eng Servk4110090730 On Call Connaer.daex Lee's Summit. MO 84064 ' Fax (818) 564-3061 . .. _ . wrtMrrdrintcom • • • The following individuals are designated as priniaty project representatives for HDR and the City of Riverside. These individual's shall be the primary.point of contact and shall receive all . correspondence or notices. • HDR Engineering Inc. . Aaron 7. Bresette, P.E. 3741 NE Troon Drive . Lee's Sumunit, MO 64064 - Phone: (816) 347 -1120 • Fax: (816)'554 -3061 • City of Riverside Mr. David Blackburn • • . • 2950 NW Vivion Road • Riverside, Missouri 64150 Phone: (816)741 -3993 Fax: (816)746 -8349 . • This letter agreement, along with the attached Basic Services Summary, Hourly Rate Schedule • • 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 which limit HDR's liability regarding the project. The Terrns and Conditions . • should be read and understood : before entering into this agreement. If these documents satisfactorily set forth your understanding of our agreement, please sign the enclosed copy of • this letter agreement in the space provided below and return it to us, . This proposal is open for • • acceptance for a period of 60 days from the transmittal date. . • We appreciate this opportunity to provide you this proposal for our sertices and look forward . • to working with you. If questions should arise after you review this proposal, please call me at • • the number listed above. • BASIC SERVICES SUMMARY • • Attached to and made a part of Letter Agreerirent, dated l-G ..yf. 2009, by and between the • City of Riverside and HDR Engineering Inc.; in respect to provide on -call full services for the . City of Riverside,. as indicated herein. . . • SCOPE OF BASIC SERVICES For the compensation outlined itt the Letter of Agreement, HDR will perform the following • professional services, identified by individual task(s). Services not detailedwithin the Scope of Basic Services by individual tasks maybe undertaken through the'preparation and approval of . a Professional Services Task Order (form attached) as described in Additional Services. 1. HDR agrees to designate one person from its staff to serve as the primary contact representative to. the City. The selection of this individual and his • continuing service as the consulting representative shall be subject to the approval of the City. • • 2. The consulting representative shall be available to the City for counseling or • other input regarding engineering, landscape architecture, planning, surveying ' and construction concerns during regular work hours. It is understood by all • • parties that the nature of these consultations are to be such that opinions can be rendered during the course of the telephone conversation or with not more than • a minimal amount of research. . 3. The consulting representative shall attend Planning and Zoning Comrirission . meetings, Board of Aldermen meetings and other meetings when requested, to • counsel or report to the City on any engineering, landscape architecture, . • planning, surveying, construction or other projects or concerns which have been brought to the attention of the Engineer by the City. 4. The Engineer /Consultant shall assist the City, as requested, in its general • consideration of budget items or expenditures relating directly to said • engineering concerns. 5. .The entire engineering, landscape architecture, planning, surveying and construction capabilities of the Engineer /Consultant shall be available to the • . City through the consulting representative. The Engineer /Consultant has the • capability to provide and shall provide upon request by the City such services as • development of involved estimates of cost for engineering projects that the City • • contemplates undertaking. . 6.. The Engineer /Consultant shall provide upon, request such other services as . • surveys,.map preparation, grant application preparation, construction inspection, . . .drafting, budget assistance, mechanical or electrical engineering, or plan . review ' • for subdivisions and construction projects, In his review of plats or plans, public works improvements or other sizable projects, theEngineer/Consultant • shall be allowed a minimum of five (5) working days to report to the City, and • . shall make his report within the 'assigned period. • . 11DR Engineering; Inc. • ' • N.1Rlvenide, MO On -Call Eng Sesviees12009 30 On Call Contoadoex • 7. The Engineer /Consultant shall also identify and evaluate technical services which are beyond the technical capabilities of the Engineer /Consultant, i.e., biology, archaeology, architecture, geology, certain laboratory functions, and subsurface exploration. The Engineer /Consultant shall assist the City in contracting for these services for which the City shall pay the contractor directly. The Engineer /Consultant shall bill the City only for services requested and rendered in identifying, evaluating and contracting for these services. 8. The City shall provide to the Engineer /Consultant all property surveys, subdivision plats, plans and specifications for previous improvements and any other pertinent documents which are readily available in City offices and which are needed by the Engineer /Consultant to complete any assigned consulting services. 9. • The City shall schedule the appropriate time for the consulting representative to be present at meetings. 10. ' The City shall allow the Engineer /Consultant a minimum of five (5) working days for statutory review of public works improvements, plats and plans, and standard projects. If a longer period is required, the City shall work with the Engineer /Consultant to set a reasonable length of time in which to complete his report. ADDITIONAL SERVICES If agreed to by the Client and. HDR, we will provide Additional Services, as requested by the Client. Additional Services are those not included as part of the Basic Scope of Services and shall be paid for by the Client in addition to payment for Basic Services, in accordance with HDR's prevailing fee schedule, in effect at the time that such services are rendered, or as otherwise agreed to by the Client and HDR, The additional services shall be prepared in subsequent Professional Services Task Order(s) and describe the proposed . scope of work, schedule and fees. • HDR Engineering, Inc. NeRiveside, rd0 On -Call Eng SavicnU00907 30 On Cell Comnd4oex J. (MINN) i i tl.urp.Ao /t /I ut FEE SCHEDULE 2009 CITY OF RIVERSIDE, MISSOURI • ON -CALL ENGINEERING /CONSULTING SERVICES Hourly Rate Schedule • Project Principal $200.00 - $210.00 Senior Project Manager • $190.00 - $200.00 Project Manager $145.00 - .$190.00 Senior Project Engineer $145:00 - $180.00 •. Project Engineer.; $105.00 - $145.00 SeniorArchitect $145.60 $190.00 • Architect $.105.00 - $145.00 Senior Structural Engineer • $145.00.= $190.00 Structural Engineer $105.00 - $145.00 Senior Electrical Engineer $145.00 - $190.00 • . • Electrical Engineer $105.00 $145.00 Senior Mechanical Engineer • $145.00 - $190.00 Mechanical Engineer $105.00 - $145.00 Senior Environmental Scientist $145.00 - $190.00 Environmental Scientist • • . $95.00 - $145.00 Professional Land Surveyor $105.00 - $145.00 2 -Man Survey Crew $150.00 - $165.00 GIS Technician • $70.00 - $11 . Senior Technician • $88.00 $115.00 Technician $60:00 ;$88.00 . Clerical $45.00 - $75.00 Reimbursables • ' Copies 8.5 x 1.1 B/W $0.08 • Copies 8.5 x Color $0.68 Copies 11 x.17 BM $0.16 Copies 11.x 17 Color $1.36 Computer/Technology $3,70 per Hour Travel $0.550 per mile . • 1of1 .. N9Rlverside, MO On -Call Eng Services\2009 Riverside Fee Schedule.doc HDR Engineering, Inc. Terms and Conditions for Professional Services 1. STANDARD OF PERFORMANCE Specifications, or Standard Bidding Documents vmic h are to be The standard of we for all professional engineering, consulting and incorporated into the project related services performed furnished by ENGINEER and its employees ere under die AgreemantwA l be Oecare and skip oMdl nady OWNER will furnish the services of solle/geotechnical engineer or used by members of ENGINEER'S profession practldng under the other consultants that include reports and appropriate profeesbnal 801710 or similar circumstances at the same time and in the same recommendations when such services ere deemed necessary by locally. ENGINEER makes no warranties, express or knelled, under ENGINEER. The OWNER agrees to bear full responsibility for the Oils Agreement or otherwlse, In connection wlth ENGINEER'e technical accuracy and content of OWNERdumlehed documents and services. services. 2. INSURANCE • In performing professional engineering and related services hereunder, ENGINEER agrees to procure and maintain, at its expense, Workers' It le understood by OWNER that ENGINEER Is not engaged in Compensation insurance as required by statute; Empbyera LIabAAy of rendering any type of legal, Insurance or aceotshdrg services, opinions $250,000; Automobile Liability Insurance of $1,000,000 rxxnbi ed or advice. Further, R is the OWNER'S site responsibility to oblate the single limit for bodily Injury and property damage covering all vehicles, advice of an attorney, Insurance counselor or accountant to protect the including hired vehicles, owned and non -awned vehicles; Commercial OWNER% legal and financial Interests. To that end, the OWNER General Liability insurance of $1,000,000 combined single Omit for agrees that OWNER or the OWNER'S representative will examine all personal injury and property damage; and Professional Liability studies, reports, sketches, drawings, apedfxretions, proposals and insurance of $1. 000,000 per claim for protedlon against claims other documents, opinions or advice prepared or provided by arising out of the performance of services under this Agreement ENGINEER, and will obtain the advice of an attorney, insurance caused by negligent acts, errors, or omissions for which ENGINEER counselor or other consultant as the OWNER deems necessary to is legally liable. Upon request, OWNER shall be made an additional protect the OWNER'S interests before OWNER takes action or Insured on Commercial General and Automobile Liability Insurance forebears to take action based upon r retying upon the services policies and certificates of Insurance will be furnished to the OWNER pied by ENGINEER. ENGINEER agrees to indemnify OWNER for the claims covered by 7. SUCCESSORS AND ASSIGNS ENGINEER% insurance. OWNER and ENGINEER, respectively, bard themselves, their 3. OPINIONS OF PROBABLE COST (COST ESTIMATES) Partner, successors, assigns, and legal represen tadvee to the Any opinions of probable project cost or probable construction cost covenants of thisAgreement Neither OWNER nor ENGINEER will provided by ENGINEER are made on the bash of information available assign, sublet or transfer any interest In file Agreement or claims to ENGINEER and on the basis of ENGINEER% experience and arising therefrom without the eaten consent of the other. qualifications, and represents its judgment as an experienced and 8. REUSE OF DOCUMENTS qualified professional engineer. However, since ENGINEER has no Al doaJmente including all reports, drawings, specifications, computer control over the coat of labor, materials, equipment es soltware or other Items prepared or furnished by ENGINEER pursuant furnished by others, or over the contractor(s) methode ds of of determining g to this Agreement, are instruments of service wilh b the or over competitive that t pr bidding or market conditions, ENGINEER pr ect ENGINEER retains ownership of all such documents. does not not guarantee ntea that proposals, bids or actual project construction cost will not wry from opinions of probe)* cost OWNER may slain copies of the documents for Rs Information and ENGINEER prepares. reference in connection vdth the project; however, none of the documents are Intended or represented to be suitable for reuse by 4. CONSTRUCTION PROCEDURES OWNER or others on extensions of the project or on any other project. ENGINEER's observation or monitoring portions of the work performed Any reuse wgeutwritten verification or adaptation by ENGINEER for under construction contracts shall not relieve the contractor from its the specific purpose Intended will be at OWNER's sole risk and without reeponsibwly for performing work in accordance with applicable IDbDy or legal exposure to ENGINEER, and OWNERwiI defend, contact documents. ENGINEER shall not control or have Berge of, Indemnity and hold harmless ENGINEER from al darns, damages, and shall not be responsible for, construction means, methods, losses and expenses, including attorneys fees, arising or resulting techniques, sequences, procedures of construction, health or safety therefrom. Any such verification or adaptation wtl entitle ENGINEER to programs or precautions connected with the work and shall not further compensation at rates to be agreed upon by OWNER and manage, supervise, control or have charge of construction. ENGINEER. ENGINEER shall not be responsible for the ads or omissions of the 9. TERMINATION OF AGREEMENT p review raw or other parties on the project ENGINEER shall be a OWNER or ENGINEER may terminate the Agreement, In whole or to t to review all construction contract documents and to require that no part, , bygNhg seven (1) days wdttan notice, If the other party provisions extend the or IlabMlee ag rees to beyond those subtia fah to fulfil its obligations under the Agreement through set l forth forth in this Agreement. neat. OWNER agrees include ENGINEER as an Indemnified party In OWNER'S construction contracts for the work, no fault of the terminating party. Where the method of payment b which shall protect ENGINEER to the sane degree es OWNER lump sum," or coal reimbursement, the final invoice w Include all Further, OWNER agrees that ENGINEER shall be listed as an services and expenses associated with the project up to the effective additional Insured under the construction contractor's liability Insurance dale of termination. An equitable adjustment shall also be made to policies. provkle for termination settlement costs ENGINEER incurs as a result of commitments thel had become firm before lamination, and for a 6. CONTROLLING LAW reasonable profit for services performed. This Agreement Is to be governed by the taw of the state where 10. 3EVERABILItt ENGINEER'S services are performed. If any provision of this agreernent is held Invalid or unenforceable, the 8. SERVICES AND INFORMATION remaining provisions shall be valid and binding upon the parties. One OWNER will provide all criteria and Information pertaining to OWNER'S or more waives by either party of any provision, temmh or condition shall requirements for the project, Including design objectives and not be construed by the other party as a waiver of any subsequent contrails, space, capacity and perfon once requirements, Oaxibilky breach of the same provision, tent of condition. and expandability, and any budgetary Itmttations. OWNER Will also provide copies of any OWNER-furnished Standard Details, Standard 1 (10/2006) 11. INVOICES law or regulation, the appropriate govemmenlal officials, and ENGINEER wal submit monthly invoices for services rendered and ENGINEER may, at Its option and without liability for delay, OWNER vim make prompt payments M response to ENGINEERe consequential or arty other damages to OWNER, suspend Invoices. performance of services on that portion of the project affected by ENGINEER ail retain receipts for reimbursable expanses in ggeneral hazardous materials until OWNER: (i) retains appropriate specialist E E NG I NEE R with et in re Revenue Sartre robe pertaining in the consuftant(s) or contrector(s) to Identify and, as appropriate, abate, support expeMBu purposes. the pd project site is i remove I the hazardous compliance with ail applicable le aws and l that su of rea for income tax Receipts viii be p� p available for Inspection by OWNER's auditors upon request. regulations. OWNER admowledges that ENGINEER Is performing If OWNER deputes any items In ENGINEERs intake for any reason, professional services for OWNER and that ENGINEER is not and including the lads of supporting documentation, OWNER may shah not be required to become an hazardous materiels, as temporarily delete the disputed gem and pay the remaining amount of 'generator; or ve En rtes' of hazardous Response, C b, as defined In the Invoke. OWNER will promptly nonotify ENGINEER of the dispute the Comprehensive of sa Environmental Response, Compeneauon, and and request dedication and/or correction. After any dispute has been or near Liability Act of 1990 (C In cone , which are or may be encountered al settled, ENGINEER vll include the disputed kern on a subsequent, or ne the project site In connection with ENGs hereunder services cannot regularly scheduled Invoke, or on a yodel invoke for the disputed under fo ed because If ENGINEER'S of hazardous ous ma ter ale, Item only. be Performed because or the Meknes of hazardous mak+Aea, ENGINEER shall be entitled to terminate this Agreement for cause OWNER recognizes that late payment of Invokes results In extra on 30 days written notice. To the fullest extent permitted by law, expenses for ENGINEER. ENGINEER retains the dght to assess OWNER shall indemnify and hold harmless ENGINEER, Its officers, OWNER Interest at the rate of one percent (1 %) per month, but not to directors, partners, employees, and aubconsultents from and exceed the maximum rate slowed by law, on invoices which am not against all costs, losses, end damages (including but not tinted to pad %thin thkty (30) days from the date of the Invoice. In the event all fees and charges of engineers, architects, attorneys, and other undisputed portions of ENGINEER'S Invokes are not pad when due, professionals, and all court or arbitration or other dispute resolution ENGINEER also reserves the right, after seven (7) days prior written coats) caused by, arising out of or reeulUng from hazardous notice, to suspend the performance of its services under this materiels, provided that (1) any such cost, loss, or damage Is Agreement until al past due amounts have been pad In full attributable to bodily injury, sickness, disease, or death, or Injury to or destruction of tangible property (other than completed Work), 12. CHANGES including the lose of use resulting therefrom, and (II) nothing in this The parties agree that no change or modification to this Agreement, or paragraph shal obligate OWNER to Indemnity any Individual or any attachments hereto, shag have any force or effect unless the entity from and against the consequences of that individual's or change is reduced to writing, dated, and made pad of Iha Agreement enlay's ache negligence or wilful misconduct. The execution of the change shall be authorized and signed in the EXECUTION same manner as this Agreement. Adjustments in the period of 18 This Agreement, including the eldtbils and schedules made pad services and In compensation shah be In acardanoe with applicable 9 paragraphs and sections of this Agreement. My proposed fees by hereof, constRute the entire Agreement between ENGINEER and ENGINEER are estimates to perform the services required to OWNER, supersedes and controls over ail prior written or oral complete the project as ENGINEER understands It to be defined. For understandings. This Agreement may be amended, supplemented or those projects involving conceptual or process development services, modified any by a wrltbn instrument duly executed by the parties. adMUea often are not My definable In the Initial planning. In any 17. LIMITATION OF LIABILITY event, as the project progresses, the fads developed may dictate a ENGINEER's and its employees' total (lability to OWNER for any loss change In the services to be performed, which may alter the scope. or damage, including but not limited to spade) and consequential ENGINEERwhI Inform OWNER of such sibreions so that changes hi damages arising out of or In connection with the performance of scope and adjustments to the time of performance and compensation services or any other cause, Including ENGINEER's and lb can be made as required. If such change, additional services, or rofessionai negligent ads, errors, or omasbns, shall not suspension services results in an Increase or decrease In the coat ��e p of or time required for pedrma ENGINEER of the services, an equitable exceed N the greeter EER hereunder, eund xce r, c eom a the total compensation received by adjustment shall be made, and the Agreement modified accordingly. Ept es otherwise provided under the Agreement, and OWNER hereby releases and holds harmless 13. CONTROLLING AGREEMENT ENGINEER and its employees from any !Milky above such amount These Terns and CondMons shalt take precedence over any 18. LmGATION SUPPORT • Inconsistent or contradictory emulsions contabed in any proposal, In the event ENGINEER is required to respond to a subpoena, contract, purchase order, requisition, notice - to-proceed, or like government inquiry or other legal process related to the services In document. connection with a legal or dispute resolution proceeding to which 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION ENGINEER le not a party, OWNER shall relmburse ENGINEER for In connection wilh the services under this Agreement, ENGINEER reasonable costs in responding and compensate ENGINEER at its agrees to comply with the appncaba provisions of federal and state Then standard rafts for reasonable Ilene incurred in gathering Equal Employment Opportunity, and other employment, statutes end information and documents and attending depositions, hearings, and regulations. Mal. 16. HAZARDOUS MATERIALS 19. UTIUTY LOCATION OWNER represents to ENGINEER that, to the best of as If underground sampling/testing Is to be perforned, a kcal utility knowledge, no hazardous materials are present at the project site. locating service shell be contacted to make arrangements for all However, In the event hazardous materials are known to be present, utilities to detente the location of underground utilities. In addition, OWNER represents that to the best of Its knowledge it has OWNER shah notify ENGINEER of the presence end location of any disclosed to ENGINEER the existence of all such hazardous underground Mlles located on the OWNER's property which are not materials, including but not Milted to asbestos, PCB's, petroleum, the responsibility of prlvate/publb utilities. ENGINEER shall take hazardous waste, or radioactive material located at or neer the reasonable precautions to avoid damaging underground utiillas that project site, including type, quantity and location of such hazardous are properly marked. The OWNER agrees to waive any claim against materials. It is acknowledged by both parties that ENGINEER's ENGINEER and wil Irdemniy and hod ENGINEER harmless from scope of services do not Include services related in any way to any claim of lability, Injury or loss caused by or allegedly caused by hazardous materials. In t event ENGINEER or any other party ENGINEER's damaging of underground utilities that are not property encounters undisclosed hazardous materials, ENGINEER shell marked or are not celled to ENGINEER's attention prior to beginning have the oblpatIon to notify OWNER and, to the extent required by the underground sampling/testing. Terms & Conditions for Professional Services 2 (10(2006) MEMORANDUM OF UNDERSTANDING FOR CITY ENGINEERING SERVICES THIS MEMORANDUM OF UNDERSTANDING FOR CITY ENGINEERING SERVICES (this "Memorandum ") is made as of this qv day of .1.ccy o 2009, by and among the City of Riverside, Missouri (the "City "); Shafer, Kline &'WWarren, Inc. (SKW), Cook, Flan & Strobel Engineers, P.A. (CFS), Olsson Associates (Olsson), and HDR Engineering, Inc. (HDR) and their respective Successors and assigns. WHEREAS, this Memorandum is entered into by the above parties to designate roles and responsibilities for providing city engineering services for the City of Riverside, Missouri; and WHEREAS, this Memorandum will function in conjunction with the executed contracts between the City and SKW, the City and CFS, the City and Olsson, and the City and HDR; and NOW, THEREFORE, to memorialize the fundamental understandings of the Parties hereto in connection with this work for the City; to identify the Parties' shared intent as to which party will perform which tasks or undertake which responsibilities in connection with the foregoing; and subject to the terms and conditions of an. executed contract among the parties, the following are the fundamental understandings of the parties hereto: 1. The City of Riverside has retained CFS to provide general engineering services. 2. The City of Riverside has retained SKW to provide general engineering services. 3. The City of Riverside has retained Olsson to provide general engineering services. 4. The City of Riverside has retained HDR to provide general engineering services. 5. The City has discretion to direct specific projects to any firm based on workload, timing and expertise. 6. CFS, SKW, Olsson and HDR will meet with the City regularly to coordinate all engineering activities and projects within the City. 7. For specific design projects undertaken by one of the City Engineer firms within the City of Riverside, peer review of the design shall be provided by one of the other firms. - 1 - \VA 826996 -5 IN WITNESS WHEREOF, the parties have caused this Memorandum to be executed as of the dates set forth after each of their respective signatures. A T: RIVERSIDE, MISSOURI City Clerk ' rented n 1 Name: 0 -- , 1 7 $1ejm,n; st,txio/2- (Seal) Position: bat., Q Pi IAcRaiuR.,J Date: -.13 - // A a SHAFER, KLINE & WARREN, Inc. ore - unpir 16%114-0 Secretary Print ;. Name: Gcf - • t Glnwan (Seal) Positi n; Vic -C PAS, over/ Date: 2/2//% ATTEST: COOK, PLATT & STROBEL ENGINEERS, P.A. Secretary Prin � ` Name: by / /,V* • Positi 2 itn Date: z / Z 31/4/ - 2 - \VA 826996 -5 ATTEST: OLSSON ASSOCIATES '111--* 6 o Secretary Printed '// Name: Th/4etEN 1. /,enzA/EN Position: � ,� �✓. �ce G-ec�te.c - /�.a✓ 64- Date: ATTEST: BDR ENGINEERING, INC. By: Secretary Printe. Name: Stan Christopher Position: Senior Vice President Date: 13 11 - 3 - WA 826996 -5 AUTHORIZATION NO. 6 TO AGREEMENT BETWEEN CITY OF RIVERSIDE, MISSOURI AND HDR ENGINEERING, INC. FOR CITY ENGINEERING SERVICES HDR ENGINEERING, INC. ( "HDR ") entered into an Agreement on August 2009, to perform City Engineering Services for the City of Riverside ( "RIVERSIDE ") by Board of Aldermen Ordinance 2009 -110. In accordance with Exhibit A, Scope of Basic Services, of the Agreement, HDR is hereby authorized to complete Resident Project Representative Services on an On -Call basis upon receipt of an executed Task Order or written consent. The Agreement and the terms and conditions therein shall remain unchanged other than the additional scope of work associated with Resident Protect Representative (RPR) Services related to: Construction Documents for Riverside Horizons; Grading, Paving, Storm Drainage, and Public Street Lighting. It is understood that excluded from the Scope is RPR Services related to the Public Sanitary Sewer Extension and Public Water Main Extension both of which will be completed by the Utility Owners. The Scope included in this Authorization is more specifically detailed as follows. SCOPE OF SERVICES HDR shall provide a qualified Resident Project Representative (RPR), or other qualified field staff necessary to assist RIVERSIDE in observing performance of the Work of the CONTRACTOR. Through more extensive on -site observations of the Work in progress and field checks of materials and equipment by the RPR, HDR shall provide further protection for RIVERSIDE against defects and deficiencies in the Work; but the fumishing of such services shall not make HDR responsible or give HDR control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. A. GENERAL RPR is HDR's agent at the site(s), will act as directed by and under the supervision of HDR, and will confer with HDR regarding RPR's actions. RPR's dealings in matters pertaining to the on -site Work shall, in general, be with HDR and CONTRACTOR keeping RIVERSIDE advised as necessary. RPR shall generally communicate with RIVERSIDE with the knowledge of or under the direction of HDR. B. DUTIES AND RESPONSIBILITIES OF RESIDENT PROJECT REPRESENTATIVE 1. Liaison: Exhibit A 1 a. Serve as RIVERSIDE's and HDR's liaison with CONTRACTOR. 2. Review of Work. Resection of Defective Work, Inspection and Tests: a. Conduct on -site observations of the Work in progress to assist RIVERSIDE in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to RIVERSIDE and HDR whenever RPR believes that Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of inspection or test required to be made; and advise RIVERSIDE and HDR of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing or inspection. 3. Interpretations of Contract Documents: a. RPR will report to HDR's Project Manager who will then contact RIVERSIDE, the DEVELOPER, and the DEVELOPER's DESIGN ENGINEER regarding needed clarifications and interpretations of the Contract Documents. b. It will be the responsibility of the DEVELOPER and /or DESIGN ENGINEER to issue and transmit to CONTRACTOR clarifications and interpretations of the Contract Documents. 4. Records: a. Keep a diary or log book, recording CONTRACTOR hours on the job site(s), weather conditions, data relative to questions of Work Directive Changes, Change Orders, or changed conditions, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures; and send copies to HDR and RIVERSIDE. 5. Reports: a. Fumish RIVERSIDE and HDR periodic reports as required. b. Consult with RIVERSIDE, ENGINEER and CONTRACTOR in advance of scheduled major tests, inspections or start of important phases of the Work. c. Report immediately to the ENGINEER and RIVERSIDE the occurrence of any accident. C. LIMITATIONS OF AUTHORITY Exhibit A 2 Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by DESIGN ENGINEER and RIVERSIDE. 2. Shall not undertake any of the responsibilities for CONTRACTOR, subcontractors or CONTRACTOR's superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by HDR. FEE The scope of services shall be completed under this authorization for an houdy- not- to-exceed fee of $78,800.00. RIVERSIDE shall compensate HDR for these services, based upon houdy rates. The current hourly rate schedule for the current year, 2013, is attached. SCHEDULE HDR will commence work within seven (7) calendar days from receipt of Notice to Proceed. Completion of Scope will be dependent of construction schedule out of HDR's or RIVERSIDE's control but is anticipated to be complete within four (4) months. If construction duration exceeds four (4) months continuing RPR Services will require additional authorization. IN WITNESS WHEREOF, the parties hereto have executed this Task Order as of the day and year written below: HDR ENGINE. INC. ( "HDR ") CITY OF 4hv) IDE ("RIVERSIDE") BY: _ BY: St. n A. Christopher Its: Sr. Vice President Its: Date: Sit 0 /,r n t 'a, Date: /P 4 2O/3 Exhibit A 3 TASK AUTHORIZATION NO. 6 RESIDENT PROJECT REPRESENTATIVE SERVICES FOR HORIZONS DEVELOPMENT FOR CITY OF RIVERSIDE, MO ON CALL ENGINEERING /CONSULTING SERVICES HDR Engineering, Inc. Scope and Fee . �, 9 4�a -- P r $c e A � , I -'or Y 3. s4 rY " } Y r y � i �' fir .n x.... s 6 rs . _•,* A4. Jr- + z�4 c Aa'k46-adx'- YI TASKS / Project Management (16 weeks 44 4 /us per week) 64 8 4 $194 811,322 Resident Project Observation (16 weeks @ 40 his per week 2 25% Sr RPR/75%RPR) 160 480 $2,100 S63,380 3 Site Meetings (8 total) 24 8210 84,098 Total Hours 88 160 480 8 4 740 Total Billing Amount $14,256 818,080 543,200 8480 5280 82,504 878,800 $78,800 Page 1 of 1 FiR FEE SCHEDULE 2013 CITY OF RIVERSIDE, MISSOURI ON-CALL ENGINEERING/CONSULTING SERVICES Hourly Rate Schedule Project Principal $200.00 - 5210.00 Senior Project Manager $190.00 - $200.00 Project Manager $145.00 - $190.00 Senior Project Engineer 5145.00 - $180.00 Project Engineer 5105.00 - $145.00 Senior Architect $145.00 - 5190.00 Architect 5105.00 - $145.00 Senior Structural Engineer $145.00 - $190.00 Structural Engineer 5105.00 - 5145.00 Senior Electrical Engineer 5145.00- 5190.00 Electrical Engineer $105.00 - 5145.00 Senior Mechanical Engineer. 5145.00 - 5190.00 Mechanical Engineer $105.00 - $145.00 Senior Environmental Scientist 5145.00 - $190.00 Environmental Scientist $95.00 - 5145.00 Professional Land Surveyor $105.00 - 5145.00 2-Man Survey Crew $150.00 - $165.00 GIS Technician $70.00 - 5115.00 Senior Technician $88.00 - 5115.00 Technician 560.00-5 88.00 Clerical $45.00 - $ 75.00 Relmbursables Copies 8.5 x 11 B/W $0.08 Copies 8.5 x 11 Color $0.68 Copies 11 x 17 B/W $0.16 Copies 11 x 17 Color $1.36 Computer/Technology $3.70 per Hour Travel $0.565 per Mile* *IRS Standard Mileage Rate (Subject to Change)