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HomeMy WebLinkAbout1212 Engineering Services Bartlett & West, Inc. BILL NO. 2013- 035 (AMENDED) ORDINANCE NO. iad a- AN ORDINANCE APPROVING AN AGREEMENT FOR ENGINEERING SERVICES AND APPROVAL OF TASK ORDER NUMBER ONE BETWEEN THE CITY OF RIVERSIDE MISSOURI AND BARTLETT AND WEST, INC. WHEREAS, the City of Riverside, Missouri, (the "City ") desires to retain the services of an engineering firm whose duties and responsibilities would include those of a Resident Project Engineer; and WHEREAS, Missouri law establishes a policy that selection of an engineering firm is to be based upon competence and qualification, followed by negotiation of fair and reasonable prices; and WHEREAS, the City issued a Request for Qualifications for Engineering Services; and WHEREAS, the City received five (5) Statements of Qualifications in response; and WHEREAS, Bartlett & West, Inc., ( "B &W'), a Kansas corporation registered in Missouri, submitted a Statement of Qualification; and WHEREAS, the City Administrator, City Engineer, Capital Projects Coordinator, Alderman Homer and Alderman Super reviewed the statements and conducted interviews with all five firms and determined that B &W was the most qualified; and WHEREAS, an Agreement for Engineering Services (the "Agreement ") ( "Attachment 1" attached hereto and incorporated herein) was then prepared that is structured so that the base agreement provides for generalized, on -call services, while more specific services required, such as the 41 Street West and Helena Road Project (the "Project ") will be authorized in the form of a Task Order which will be individually approved by the Board of Aldermen, and they set forth specific scope of services, compensation, scheduling, and other necessary terms as dependent upon the nature of the project and work requested; and WHEREAS, the City previously passed and approved Ordinance No. 1204 authorizing the construction of the 41s Street West and Helena Road Project (the "Project "); and WHEREAS, the Project will become the subject of Task Order Number One ( "T.O. No. 1 ") ( "Attachment 2" attached hereto and incorporated herein) in that B &W will be retained as the Resident Project Engineer for the Project; and WHEREAS, compensation will be based upon an hourly upper limit model — not to exceed a grand total of $107,000 as set forth in Exhibit B to Attachment 2. Amounts may exceed the stated sub -total amounts contained in Exhibit B, but not the grand total amount; and WHEREAS, the staff recommends to the Board the passage and approval of this Bill and Ordinance approving the Agreement and T.O. No. 1 (collectively the "AGREEMENTS "); and WHEREAS, the AGREEMENTS fulfill a public purpose, will further the growth of the City, facilitate the orderly development of the entire Horizons site, improve the environment of the City, foster increased economic activity within the City, increase employment opportunities within the City, enable the City to direct the development of the Horizons site, and otherwise are in the best interests of the City by furthering the health, safety, and welfare of its residents and taxpayers. WA 4256328.1 BILL NO. 2013- 035 ORDINANCE NO. lad 3_, 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 Agreement for Engineering Services (the "Agreement ") ( "Attachment 1" attached hereto and incorporated herein) and to APPROVE the Resident Project Engineer Agreement as contained within Task Order Number One ( "T.O. No. 1 ") ( "Attachment 2" attached hereto and incorporated herein) (collectively the "AGREEMENTS "). 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 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 ,P-A---day of May, 2013. Kathleen L. Rose, Mayor 1 V.•ATT €St: , -Robin > ty Clerk Approved as to form: Spencer Fane Britt & Browne LLP Special Counsel to the City By Chad Lamer WA 4256328.1 AGREEMENT FOR EIVGIIVEERING SERVICES 1 I � THIS AGREEMENT ia entered into as of tha Sth dav of June. 2013 (the "Bffective Datd'}, hy and between Bart(ett & West, Ina, a Kansas corporaHon having an office at 544 Columbia Drive, Lawrenca, Kensas 66047 (tho "Consultant'� pnd tha City of Riveiside, Missoud, a Miasouri munictpal corporadon (the "City"). ; WHEREAS, the City desues to engaga the Consultant to provide scnvices to tha City ragarding ongineering servlcea as moro fully described In Exhib3t A, entitled "Project Services" I attacheci hereto and incorporated herein byreference. NOW, THEREFORE, in consideration of the promisos and mntual covanants berivean � the pazties and for other good and valuabla considersHon the recelpt of which ia acknowledged by tha parties, they agree as followa. ! I . Term of Agreement. '�� This non-axclnsive Agreement ahall begin as of tha Sffeative Date and shsll condnue unHl I terminsted as provIded herein. 2. Scope of Services. I A, Geire�•al. Tha Consultant ahall pmvide the ProJect Services described 'm Bxku'bit A. 1'lie !� Consultant is aolely responsible for payment of wages, sataries, ffinge benefita and other componsation of, or claimed by, the ConsultnnYs personnel 9n fhe perfoirnanca of tha Project Servlces, including, without limitstion, contribuflons to any employee benefit plans snd all ' payroll taxes. '� B. Project SpeeAa in addiflon to the Projeet Services to ba provided pursusnt to tUis , ' i Agreement, tha City may task tha Consultant to pinvide eddirional professional engineedng services j on a pmJect-speclfic basis, In the event tho Consultant ls tasked to pirovide such servicas, tha City I and tha Consultant shall acknorvledge a separete Task Ordar in the fonn sttached hereto ss Bxhibit i C in its substantial form, which describes tha scope of sa�vices to be provided by the Consultsnt and tha City, providing for compensallon for savices to be provided by the Consultant, end providing completion times for said sedvices, and any other nece.asaiy matters, The compexisation to ba paid the Consultant pursuant to any supplemental agreement ahall be at the i�ates set forth in Exhibit B attached hereto aud inco�porated herein by ref�enca unless othenvise agreed in tha Task Order. In � no ave�rt is any woilc in excess of that described in Bxhibit A authorized by this Agreem�t without � tha City and the Consultant first entering into s Teak Order, i 3, Compensstion and Invoices. � � A. The City agrees to compensate tha Consultant in accordance with tha Compensa8on ' Schedule contained in Exhibif B. B. The City will pay all pxopex invoices within thirty (30) days of xecaipt. The following establiehes the invoice procedura: ; i ;� � t � 1. All invoices shall contain a narrative entry sufficient to describe the work or task performed and an indication of the person and job classification who performed the work. 2. The Consultant shall not charge the City more than $0.10 per page (for 8 1/2 x 11" paper). If the need for an outside copying job (e.g., Kinko's) arises, Consultant shall only bill the actual cost incurred for photocopying with no markup. 3. All other out -of- pocket expenses will be for actual cost only with no markup (includes meals, hotels, courier, printing of plan sheets, special delivery services, etc.). C. The City shall have the right to withhold payment to Consultant for any work not completed in a satisfactory manner until such time as Consultant modifies such work to the satisfaction of the City. 4. The City's Responsibilities. The City shall give prompt notice to the Consultant of any matters of which the City becomes aware that may affect the Project Services of the Consultant. The City shall cooperate with the Consultant in performing the Project Services by making available at reasonable times and places relevant City documents and pertinent City officers and employees to advise, assist, consult and direct the Consultant. The City shall examine documents submitted by the Consultant and render decisions promptly as may be required. 5. Insurance. A. General Provisions. Consultant shall file (by the Effective Date) with the City evidence of liability insurance that is consistent with the amounts set forth below. B. Limits and Coverage. 1. A policy of insurance for Commercial General Liability Coverage shall be provided in the aggregate amount of not less than $2,000,000 for all claims and $1,000,000 per occurrence. A policy of insurance for Automobile Liability Coverage shall also be provided in the amount of not less than $1,000,000 on a combined single limit. The City shall be listed as an additional insured as respects both policies. Neither policy shall not be cancelled, or materially modified so as to be out of compliance with the requirements of this section, or not renewed without thirty (30) days advance written notice of such event being given to the City. 2. The Consultant shall obtain and maintain Workers' Compensation Insurance for a limit of $500,000 for all of their respective employees, and in case any work is sublet, the Consultant shall require any subcontractors to provide Workers' Compensation insurance for all subcontractor's employees, in compliance with Missouri law. The Consultant hereby indemnifies the City for any damage resulting to it from failure of either the Consultant or any contractor or subcontractor to obtain and maintain such insurance. The Consultant shall provide the City with a certificate of insurance indicating Workers' Compensation coverage by the Effective Date. 2 3. Professional Liability Insurance covering claims resulting from engineering and surveying errors and omissions with a limit of $3,000,000 per occurrence. 6. Termination. Any party may terminate this Agreement at any time, with or without cause, by giving thirty (30) days' notice to the other party in writing. In the event of termination, all finished or unfinished reports, or other material prepared by the Consultant pursuant to this Agreement, shall be provided to the City. Upon termination the City shall pay Consultant for all services rendered and costs incurred up through the termination date for any satisfactory work completed on the project prior to the date of termination. 7. Relationship of Parties. It is the intent of the parties that the Consultant shall be an independent contractor in its capacity hereunder. Nothing herein shall be construed to create an employer - employee relationship. All services performed pursuant to this Agreement shall be performed by the Consultant as an independent contractor. The Consultant shall not have the power to bind or obligate the City except as set forth in this Agreement or as otherwise approved by the City in writing. 8. Notices. Any notice, approval or other communication between the City and the Consultant pursuant to this Agreement shall be made in writing and shall be deemed to be effective upon receipt or refusal of service and may be given by personal delivery, courier, reliable overnight delivery or deposit in the United States mail, postage prepaid, registered or certified, return receipt requested, to the address specified below or to such other address as may later be designated by written notice of the other party: The City: City of Riverside Attn: City Administrator 2950 NW Vivion Road Riverside, Missouri 64150 Bartlett & West, Inc.: Darron R. Ammann, RLA Bartlett &West, Inc. 544 Columbia Drive Lawrence, Kansas 66047 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the City and the Consultant. 9. Disputes. In the event of a dispute between the City and the Consultant arising out of or related to this Agreement, the aggrieved party shall notify the other parties of the dispute within a reasonable time after such dispute arises in an effort to resolve the dispute by direct negotiation or mediation. During the pending of any dispute, the parties shall continue diligently to fulfill their respective obligations hereunder. 3 10. Waiver. A waiver by any party of any breach of this Agreement by any other party shall only be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach or the same kind of breach on another occasion. 11. Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any invalid, illegal or unenforceable provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if it did not contain the particular portion or provision held to be invalid, illegal or unenforceable. The parties further agree to amend this Agreement to replace any stricken provision with a valid, legal and enforceable provision that comes as close as possible to the intent of the stricken provision. The provisions of this Section shall not prevent this entire Agreement from being invalidated should a provision which is of the essence of this Agreement be determined to be invalid, illegal or unenforceable. 12. Entire Agreement; Governing Law. This Agreement constitutes the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and negotiations with respect thereto. This Agreement may be amended only by a written instrument signed by all parties. This Agreement shall be governed by the laws of the State of Missouri. In the event this Agreement is litigated, venue shall be proper only in the Circuit Court of Platte County, Missouri. 13. Counterparts. This Agreement may be executed in separate counterparts. 14. Assignment. Neither the City nor the Consultant shall assign any rights or duties under this Agreement without the prior written consent of the other party, which consent may be granted or withheld in such other party's absolute discretion. Nothing contained in this Section shall prevent the Consultant from engaging independent consultants, associates, and subcontractors to assist in performance of the Project Services, provided however, in the event Consultant employs independent consultants, associates, and subcontractors to assist in performing the Project Services, Consultant shall be solely responsible for the negligent performance of the independent consultants, associates, and subcontractors so employed. Each party binds itself and its successors and assigns to all provisions of this Agreement. 15. No Third Party Rights. The provisions of this Agreement shall not be deemed to create any third party benefit hereunder for any member of the public or to authorize any one, not a party hereto, to maintain suit pursuant to the terms of this Agreement. 4 16. Opinions of Cost. Consultant's opinion of probable construction costs shall be made on the basis of experience and qualification as a professional engineer, but Consultant does not warrant or guarantee that proposals, bids, or actual costs will not vary from Consultant's costs estimates. 17. Good Faith Efforts and Cooperation. The parties agree to use good faith efforts in a professional manner in the performance of their services and covenants in this Agreement and to cooperate at all times and coordinate their activities as necessary during the Term of this Agreement to assist in performance of the Project Services and to ensure performance of the Project Services in an efficient and timely manner. 18. Authority. Each party represents to the other parties that it has the power and authority to enter into this Agreement and that the person(s) executing it on its behalf has the power to do so and to bind it to the terms of this Agreement. The Consultant represents that it has taken all action necessary or appropriate to authorize it to execute, deliver and perform this Agreement and to cause it to be binding upon the Consultant. 19. Covenant Against Contingent Fees. The Consultant warrants that the Consultant has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 20. Ownership of Documents. Payment by City to Consultant as provided herein shall vest in City title to all drawings, sketches, studies, analyses, reports, models, and other paper, documents, computer files, and material produced by Consultant exclusively for the Project Services performed pursuant to this Agreement up to the time of such payments, and the right to use the same without other or further compensation, provided that any use for another purpose shall be without liability to the Consultant. Upon completion of the Project Services, Consultant shall deliver to City possession of all records pertaining to the Project Services. 21. Compliance with Laws. Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the Project Services. Consultant shall secure all licenses, permits, etc. from public and private sources necessary for the fulfillment of its obligations under this Agreement. 22. Consultant's Endorsement. Consultant shall endorse as necessary all plans, specifications, estimates, and engineering data furnished by it. 5 23. Indemnification and Hold Harmless. Consultant shall indemnify and hold harmless City and its officers, employees, elected or appointed officials, and attorneys, each in their official and individual capacities, from and against judgments, damages, losses, expenses, including reasonable attorneys' fees, to the extent caused by the negligent acts, errors, omissions, or willful misconduct of Consultant, or its employees, or subcontractors, in the performance of Consultant's duties under this Agreement, or any supplements or amendments thereto. 24. Professional Responsibility. Consultant will exercise reasonable skill, care, and diligence in the performance of its services in accordance with customarily accepted professional engineering practices. If Consultant fails to meet the foregoing standard, Consultant will perform at its own cost, and without reimbursement from City, the professional engineering services necessary to correct errors and omissions that are caused by Consultants failure to comply with above standard. 25. Tax Exempt. City and its agencies are exempt from State and local sales taxes. Sites of all transactions derived from this Agreement shall be deemed to have been accomplished within the State of Missouri. 26. Safety. In the performance of the Project Services, Consultant shall comply with the applicable provisions of the Federal Occupational Safety and Health Act, as well as any pertinent federal, state and/or local safety or environmental codes. 27. Anti - Discrimination Clause. Consultant and its agents, employees, or subcontractors shall not in any way, directly or indirectly, discriminate against any person because of age, race, color, handicap, sex, national origin, or religious creed. 28. Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of terrorism, riot, labor condition) that was beyond the party's reasonable control. IN WITNESS WHEREOF, the Consultant and the City have executed this Agreement as of the Effective Date. (rest of page intentionally left blank) 6 BARTLETT & WEST, INC.: CITY OF RIVERSIDE, MISSOURI: / By: 1 By: /( Name: d/EeROA) R. 4MMA /1/4-)N-) Name: Kathleen L. Rose Title: ¼3i CE Ps2CSWE N T Title: Mayor J Dated: �Q -5 /3 Dated: V73 p 7_5 r By: _se Name: Gregory P. Mills Title: City Administrator Date: (1 APPROVED AS TO FORM: City Attorney Ch Lam m e4L WORK AUTHORIZATION AFFIDAVIT PURSUANT TO 285.530, RSMo STATE OF MISSOURI ) ss. COUNTY OF 43 ) BEFORE ME, the undersigned authority, personally appeared Ictrilt Ailltljnawho, being duly sworn, states on his oath or affirmation as follows: 1. My name is-Ili-y-(0/1 knirrlaji 11 and I am currently the i of t 1.( : C idol-- lac . (hereinafter "Contractor "), whose business address i S f ( , a 14,4,mk a b:li-e i L u th'blCI, letatil, and I am authorized to make this Affidavit. 2. I am of sound mind and capable of making this Affidavit, and am personally acquainted with the facts stated herein. 3. Consultant is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the provision of Engineering Services. 4. sultant does not knowingly employ any person who is an unauthorized alien in connection th th contracted services set forth above. Affiant T>1220k3 R. A✓1nMV}N11/41 Printed Name Subscribed and sworn to before me this '5W day of duu l.e 2013. o Y y ' ub is „u MY MP i , F. as ,,4•• 'oerF O F 1 P�g,`,. 8 EXHIBIT A Project Services Perform on -call consulting engineer services, including but not limited to: • Participate in discussions and meetings with City Staff, Board of Aldermen and other boards or commissions; • Perform general day -to -day functions that are not typically project specific as directed by the City Administrator or his designee; • Provide as- needed support to the City's Code Enforcement program; • Provide as- needed support to the City Engineer & Department of Public Works; • Provide as- needed support to the City Administrator. 9 Exhibit B Compensation Schedule Engineer XI /Landscape Arch XI $195.00 Engineer X/Landscape Arch X 185.00 Engineer IX/Landscape Arch IX 175.00 Engineer VIII /Landscape Arch VIII 160.00 Engineer VII /Landscape Arch VII 145.00 Engineer VI /Landscape Arch VI 132.00 Engineer V /Landscape Arch V 122.00 Engineer IV/ Landscape Arch IV 112.00 Engineer III /Landscape Arch III 102.00 Engineer II /Landscape Arch II 92.00 Engineer I /Landscape Arch I 82.00 Engineering Technician XI $155.00 Engineering Technician X 135.00 Engineering Technician IX 120.00 Engineering Technician VIII 102.00 Engineering Technician VII 95.00 Engineering Technician VI 88.00 Engineering Technician V 79.00 Engineering Technician IV 70.00 Engineering Technician III 62.00 Engineering Technician II 56.00 Engineering Technician I 51.00 Surveyor VIII $128.00 Surveyor VII 120.00 Surveyor VI 110.00 Surveyor V 100.00 Surveyor IV 92.00 Surveyor III 82.00 Surveyor II 72.00 Surveyor I 62.00 Survey Technician VI $79.00 Survey Technician V 69.00 Survey Technician IV 59.00 Survey Technician III 51.00 Survey Technician II 46.00 Survey Technician I 40.00 Field Representative X $125.00 Field Representative IX 118.00 Field Representative VIII 105.00 Field Representative VII 95.00 Field Representative VI 85.00 Field Representative V 76.00 Field Representative IV 68.00 Field Representative III 61.00 Field Representative II 55.00 Field Representative I 49.00 Right -of -Way Specialist III $150.00 10 Right -of -Way Specialist II 130.00 Right -of -Way Specialist I 115.00 Right -of -Way Technician V $95.00 Right -of -Way Technician IV 86.00 Right -of -Way Technician III 78.00 Right -of -Way Technician II 69.00 Right -of -Way Technician I 59.00 GIS Coordinator VII $195.00 GIS Coordinator VI 175.00 GIS Coordinator V 165.00 GIS Coordinator IV 150.00 GIS Coordinator III 135.00 GIS Coordinator II 120.00 GIS Coordinator I 110.00 GIS Developer /DBA V $150.00 GIS Developer /DBA IV 135.00 GIS Developer /DBA III 120.00 GIS Developer /DBA II 110.00 GIS Developer /DBA I 105.00 GIS Analyst V $120.00 GIS Analyst IV 110.00 GIS Analyst III 100.00 GIS Analyst II 90.00 GIS Analyst I 80.00 GIS Technician IV $82.00 GIS Technician III 72.00 GIS Technician II 61.00 GIS Technician I 50.00 Computer Systems Manager $113.00 Systems Analyst 113.00 Network Administrator 92.00 IS Support Specialist 63.00 Computer Systems Technician III 75.00 Computer Systems Technician II 65.00 Computer Systems Technician I 53.00 Administrator V $105.00 Administrator IV 90.00 Administrator III 78.00 Administrator II 71.00 Administrator I 61.00 Administrative Technician V $64.00 Administrative Technician IV 57.00 Administrative Technician III 50.00 Administrative Technician II 45.00 Administrative Technician I 39.00 Client Services Representative $75.00 11 Task Order Number 1 For Engineering Services This Task Order is entered into as of the �day of Sux�� _, 2013 (the `Bffective Date"), by and between Bartlett & West, Inc., a Kansas corporation having an office at 544 Columbia Drive, Lawrence, Kansas 66047 (the "ConsultanY') and the City of Riverside, Missouri, a Missouri municipal corporation (the "City"). WHEREAS, the City has engaged Consultant to provide engineering services pursuant to the Agreement for Engineering Services dated June 5, 2013 pursuant to which the City may task the Consultant to provide additional professional engineering services on a project-specific basis by acknowledging a separate Task Order. NOW, THEREFORE, in consideration of the promises and mutual covenants between the parties and for other good and valuable consideration the receipt of which is acknowledged by the parties, they agree as follows: 1. Incorporation of Base Agreement. This Task Order is subject to all terms and conditions contained in the Agreement £or Engineering Services dated June 5 2013, that aze not inconsistent with the specific terms contained herein, and the Agreement for Engineering Services dated June 5 2013, between the parties is incorporated herein as if set forth in full by this reference. 2. Scope of Services. The Scope of Services pursuant to this Task Order are as contained in Exhibit A. 3. Term. Consultant shall begin work pursuant to this Task Order No. 1 upon its Effective Date and shall continue until the 41 Street West and Helena Project 149-000 ("ProjecY') is completed as evidenced by final acceptance of the Project by the City. 4. Compensation. Unless compensation is set forth in this Task Order, compensation shall be as provided in the Agreement for Engineering Services dated June 5 2013, between the parties. 5. Project Schedule. 14 IN WITNESS WHEREOF, the Consultant and the City have executed this Agreement as of the Effective Date. BARTLETT & WEST, INC.: CITY OF RIVERSIDE, MISSOURI: By: r By: � a � Name: ����ZQ►J I� ,�Mrvl A1n1 Name: Kathleen L. Rose Title:_ vIL'� �'/Z�$'���NT Title: Mayor Dated: (D ' a � ' a0� �j Dated: � — ,� �—�� By: ��/�si . ., b � (.o.l f e� ; Name: Gregory P. Mills Title: City Administrator Date:_ (p -a5 � zo�3 APPROVED AS TO FORM: �%�G� City Attorney - ChaCl Lame.r 13 Exhibit A to Task Order Scope of Services 14 Exhibit A to Task Order 1 Scope of Services for 41 Street West & Helena Rd (149-000) Project-specific construction engineering services - 1. Perform construction administration and construction observation services necessary and incidental to the accomplishment of the project as follows: a. Furnish services, labor, materials, equipment, supplies and incidentals, other than those hereinafter designated to be furnished by the City, necessary to conduct and complete the services. b. Designate a project manager and full-time field representative, who shall have experience and certifications (as determined by the City) to observe all work done and materials furnished. All activities of the full-time field representative will be coordinated with the City's representative. Such services may extend to all and any part of the work and to the preparation of materials to be used. The full-time field representative is not authorized to issue instructions contrary to the plans and specifications, or to act as foreman for the project contractor, however, shall have the authority to reject work or materials until any questions at issue can be referred to and be decided by representatives ofthe City. a Conduct any conferences deemed necessary by the City under the terms of this agreement. d. Become familiar with the standard practices of the City, contract documents (specifications, construction agreement, special provisions and plans), and the contractor's proposed schedule of operations prior to beginning field services to be performed under this agreement. e. Perform the services in accordance with accepted safety practices, however, these services will not extend to safety practices of the construction contractor. £ Fumish all equipment required to accomplish the services, and to check or test it prior to use on the project. g. Observe all phase 1 construction and, to the best of our abilities, determine the contractor's compliance with the contract documents and deem unacceptable such work and material which do not comply with the specifications and plans. h. Field samples and/or test materials to be incorporated into the work will be completed bv the designated contractor, and Bartlett & West will not accept those not meeting the provisions of the contract documents. Make certain that required test 17 report rewrds or certificates of compliance for materials tested off the project site have been received prior to their incorporation into the work. i. Keep daily documentation and quantity suuunaries as required by the City. j. Measure and compute all materials incorporated into the work and maintain an item accountrecord. k. Maintain for the City all original diaries, accounts, records and reports prepared upon completion of the project. 1. Document changes to the plans and submit to the City. 2. Provide construction administration services. a. Conduct any on-site meetings to discuss project issues, as determined necessary by the City's project representative. Meetings should include contractor's superintendent, the City representative, the design engineer(s), and others related to project, as necessary. b. Coordinate with City Public Works staff on project related issues. c. Prepare and distribute notes that document any construction meetings. d. Prepare weekly construction summaries. e. Coordinate with property owners and businesses affected by the project to minimize disruption to their business/property. f. Coordinate with project design engineer(s) on project modifications / additions to ensure that the original intent of the improvements are being met and that the proposed modifications / additions are designed properly. g. Review pay estimates submitted by the Contractor and forward said pay estimates to the City representative with comments. SUPPLEMENTAL SERVICES Any work requested by the Owner that is not included in the Basic Scope of Services listed above will be classified as Supplemental Services. Supplemental Services shall include, but are not limited to the following. • Changes in the general scope, extent, or character of the services provided, including but not limited to changes in size, complexity, schedule, chazacter of construction or method of financing; and revising previously accepted studies, reports, or design documents when such revisions aze required by changes in laws, regulations, ordinances, codes or orders enacted subsequent to the prepazation of such studies/reports/documents or designs or due to any other causes beyond the Engineer's control. 18 E�ibit B Compensation (Hourly Upper Limit) Two weeks o,[prep work drawinQ review, attend a pre-con, etc. LA VIII — 6 hours x$160 per hour =$960 FR X— 12 x $125 = $1,500 FR VII — 20 x $95 = $1,900 ET VI — 20 x $88 = $1,760 AT II — 10 x $45 = $450 Mileage = $264 Misc Expenses = $400 SUB-TOTAL = $7,234 Estimated time of construction (13 weeks) per the contract at 12 hour davs. (Usinp 13 weeks x 5 davs a week gives us 65 working davs) LA VIII — 24 hours x$160 per hour =$3,840 FR X — 26 x $125 = $3,250 FR VII — 24 x $95 = $2,280 ET VI — 520 x $88 = $45,760 ET VI — 240 x$118.80 =$28,512 (OT Rate) ATII-26x$45=$1,170 Mileage = $3,480 Misc Expenses = $2500 SUB-TOTAL = $90,792 Two weeks at the end ofproiect to button up all paperwork, as-built review, etc. LA VIII — 20 hours x$160 per hour =$3,200 FRX-8 x$125=$1,000 FR VII — 20 x $95 = $1,900 ET VI — 20 x $88 = $1,760 ATII—lOx$45=$450 Mileage = $264 Misc Exoenses = $400 SUB-TOTAL = $8,974 HUL GRAND TOTAL = $107,000 1