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HomeMy WebLinkAbout2008-144 - Agreement with Shafer, Kline & Warren for Design Services Vivion BridgeBILL NO. 2008 -144 ORDINANCE NO. 2008 -144 AN ORDINANCE AUTHORIZING THE CITY OF RIVERSIDE, MISSOURI TO ENTER INTO AN AGREEMENT WITH SHAFER, KLINE & WARREN INC. FOR DESIGN SERVICLS FOR THE US- 69NIVION ROAD OVER LINE CREEK BRIDGE REPLACEMENT PROJECT WHEREAS, the City of Riverside, Missouri ( "City") engaged in negotiations with Shafer, Kline & Warren 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 "Project" ); and WHEREAS, the City and SKW have reached an agreement concerning the provision of and payment for road and bridge design services for the Project (the "Agreement'). 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 /K � ay of 2008. Mayor .v r MAN k y. i , 1I December 11, 2008 Revised: December 12, 2008 Mr. David Blackburn, City Administrator City of Riverside 2950 NW Vivion Road Riverside, Missouri 64150 Re: Vivion Road Bridge over Line Creek Agreement for Professional Services Dear David: EGOVEF% DEC 1 5 zuud C4TY 0IF RIURRSU VIA E -MAIL & U.S. MAIL Thank you for considering Shafer, Kline & Warren, Inc, (SKW) to provide professional services in conjunction with Engineering Services for the Vivion Road Bridge over Line Creek, hereafter called the "Project ". A detailed description of our proposed services on the project is provided in the attached Basic 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 hereto, and in effect at the time the services are performed. Total compensation, excluding reimbursable expenses, will not exceed $247,840.00 without 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 include $22,000.00 in fees for a subconsultant to perform a geotechnical 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 not received within 21 days. Once project invoices are past due, an interest charge will accrue to your account at the rate of one and one half percent (P /2 %) per month, and we will retain the right to cease work on the project until 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 our work, with all due diligence and in a timely manner. If there are protracted delays, for any reason, we will notify you immediately. City of Riverside agree(s) to provide all necessary information for the performance of our services within a reasonable time after it is requested and that SKW will be given timely access to the project site, as necessary, to complete the proposed professional services. 11250 Corporate Avenue, Lenexa, KS 66219 (OFFICE) 913.888. 7800 (FAx) 913 . 888. 7868 ,vww.%kw- 4w,com CIVIL ENGINEERS • LAND SURVEYORS • ELECTRICAL ENGINEERS • LANDSCAPE ARCHITECTS • GIS CONSULTANTS • CONSTRUCTION OBSERVERS • LAUD PLANNERS • MECHANICAL ENGINEERS Mr. David Blackburn, City Administrator City of Riverside December 11, 2008 Page 2 The following individuals are designated as primary project representatives for City of Riverside and SKW. These individuals shall be the primary point of contact and shall receive all correspondence or notices. Shafer, Kline & Warren, Inc. Gary D. Shack, P.E. 11250 Corporate Avenue Lenexa, Kansas 66219 Phone: (913) 888-7800 Fax: (913) 888-7868 E -mail: strack@skw-ine.com skw- ine.com City of Riverside David Blackburn 2950 NW Vivion Road Riverside, Missouri 64150 Phone: (816) 746 -3993 Fax: (816) 746-8349 This agreement, along with the attached Basic Services Summary 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 SKW's liability regarding the project. The Terms 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 until January 12, 2009. We appreciate this opportunity to provide you this proposal for our services and look forward to working with you on this project. If questions should arise after you review this proposal, please call the number listed above. SHAFER, KLINE & WARREN, INC. (::4L� GG^ A ZA B : Ga�k P.E. SECB By: Gerald C. Jol s n, P.E, y y , > Division Manager, Design Services Associate/Director, Structural Engineering tkd \ \Le- project\Projects \700336- 260 \Vivion Rd over Line Crproposal.wpd CITY OF RIVERSIDE By: , David Blackburn / Title: City Administrator Accepted this g day or t - ' 2008. Mr. David Blackburn, City Administrator City of Riverside December 11, 2008 Page 3 BASIC SERVICES SUMMARY Attached to and made a part of the Agreement for Professional Services dated December 11, 2008 by and between City of Riverside and Shafer, Kline & Warren, Inc., in respect to Engineering Services for the Vivion Road Bridge over Line Creek, the "Project" described therein. SCOPE OF BASIC SERVICES For the compensation outlined in this Agreement, SKW will perform the following professional services. Services not detailed within the Scope of Basic Services are specifically excluded from the scope of SKW's work and SKW assumes no responsibility to perform any services not specifically listed. • Preliminary plan preparation including geotechnical investigation, preliminary bridge design, hydraulic design, roadway design, and topographic 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. • Right -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. • Administration assistance during construction. • Shop Drawing Review. Exclusions: • Archaeological studies. • Construction Staking. • Construction Observation. ADDITIONAL SERVICES If agreed to by the client and SKW, we will provide Additional Services related to the Project. 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 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. ASSIGNMENT. Neither party of this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent to the other party. Subcontracting to subconsultants normally contemplated by SKW shall not be considered an assignment for purposes of this Agreement. BETTERMENT. If a required item or component of the project should be omitted from construction documents, SKW shall not be responsible for paying the costrequired to add such item or component to the exteatthatsuch item orcomponeatwould have been required and included in the original construction documents. In no event will SKW be responsible for and cost or expense that provides betterment or upgrades or enhances the value of the project. BII.LING AND PAYMENT. Invoices submitted by SKW are due upon presentation and shall be considered PAST DUE if not paid within twenty-one (21) calendar days of the invoice date. If payment is not received by SKW within twenty-one (21) calendar days ofthe invoice date, invoices shall bear interest at one - and -one•half(1.5) percent(or the maximum allowable bylaw, whichever is less) of the PAST DUE amount per month, which shall be calculated from the invoice due date. Payment thereafter shall first be applied to accrued interest and then to the unpaid principal. If the Client fails to make payments when due and SKW incurs any costs in order to collect overdue sums from the Client, the Client agrees that all such collection costs incurred shall immediately become due and payable to SKW. Collection costs shall include, without limitation, legal fees, collection agency fees and expenses, court costs, collection bonds and reasonable SKW staff costs at standard billing rates for SKW's time spent in efforts to collect. This obligation of the Client to pay collection costs shall survive the term of this Agreement or any earlier termination by either party. If the Client fails to matte payments when due or otherwise is in breach of this Agreement, SKW may suspend performance of services upon seven (7) calendar days' written notice to the Client. SKW shall have no liability whatsoever to the Client for any costs or damages as a result of suspension caused by any breach of this Agreement by the Client. DELIVERY OF CARD FIUS. In requesting and utilizing any drawings or other data on any form of electronic media generated and provided by SKW as part of this project, the Client covenants and agrees that all such drawings and data are instruments of service of SKW, who shall be deemed the author of the drawingg and data, and shall retain all common law, statutory law and other rights, including copyrights. 'Any electronic files provided by SKW to the Client are submitted for an acceptance period of 30 days. Delivery of the electronic file will pe accompanied by a hard copy print which reflects the information contained in the electronic format. The client is asked to carefully verify that the electronic information, when utilized within the client's computer of CADD environment, corresponds to the hard copy print. Any inconsistencies the Client discovers should immediately be reported to SKW so that the source of the inconsistency may be investigated. Because data stored on electronic media can deteriorate undetected or be modified without SKW's knowledge, if, at any time, a difference exists between the files on the electronic media and the provided hard copy print, the hard copy print will govern. The Client further agrees not to use these drawings and data, in whole or in part, for any purpose or project other than the project which is the subject of this Agreement. The Client agrees to waive all claims against SKW resulting in any way from any unauthorized changes or reuse of the drawings and data for any other project by anyone other than SKW. In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold SKW harmless from any damage, liability or cost, including reasonable attorneys' fees and costs of defense, arising front any changes made by anyone other than SKW or from any reuse of the drawings and data without the prior written consent of SKW. Underno circumstances shall transfer of the drawings and other instruments of service on electronic media for use by the Client be deemed a sate by SKW, and SKW makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. CERTIFICATIONS, GUARANTEES AND W ARRANTIES. SKW will, as a matterofprofessional practice, affix a professional seat to the final copy of all completed plans, surveys or reports. Should the Client's project needs require SKW to sign specific certifications or other documents, either for the Client or for second parties (such as tenders or potential buyers), the Client shall provide SKW with copies of all such documents, containing the language to be signed, prior to entering into this contract. SKW will review the certifications or documents submitted by the Client to determine whether complete and sufficient information is being collected or generated as part of the proposed scope of work to allow SKW, as licensed professionals, to sign the documents and, if not, SKW may propose a modified scope of work and cost. Any certifications or document language that SKW has reviewed and agreed to sign as part of the scope of work shall be attached and made part of this agreement. SKW shall not be required to sign any certifications or documents, no matter by whom requested, that have not been provided prior to entering the contract or that would result in SKW's having to certify, guarantee or warrant the existence of conditions whose existence cannot be ascertained. The client also agrees not to make resolution of any dispute with SKW or payment of any amount due to SKW in any way contingent upon SKW's signing any such certification. CONSEQUENTIALDAMAGES. Notwithstanding any other provision of theAgreement, neither party shall be liable to the other for any consequential damages incurred due to the fault of the other party, regardless of the nature of this fault or whether it was committed by the Client or SKW, their employees, agents, subconsultants or subcontractors. Consequential damages include, but are not limited to, loss of use, loss of income, loss of profit, loss of business, and/or loss of reputation. DISPUTE RESOLUTION. In an effort to resolve any conflicts that arise during the project or following the completion of the project, the Client and SKW agreethat all disputes between them arising out of or relating to the Agreement shall rust be submitted to nonbinding mediation unless the parties mutually agree otherwise. Costs of the mediator's services will be shared equally between the Client and SKW. HAZARDOUS MATERIALS. It is acknowledged by both parties that SKW's scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event SKW or any other party encounters asbestos or hazardous or toxic materials at the jobsite, or should it become known in any way that such materials may be present at the jobsite or anyadjacent areas that may affect the performance of SKW's services, SKW Wray, at its option and without liability for consequential or any other damages, suspendperformance of services on the project until the Client retains appropriate specialist consultant(s) or contractors) to identify, abate and/or remove the asbestos or hazardous ortoxic materials, and warrant that the jobsite is in full compliance with applicable laws and regulations. GOVERNING LAW. The laws of the State in which the SKW office is located where this contract originates will govern the validity of this Agreement, its interpretation and performance. Any litigation arising from this Agreement shall be brought in the courts of that State. INSURANCE. During the term of this Agreement, SKW agrees to maintain insurance coverage for general and professional liability. Upon request of the client, SKW will provide a certification of coverage which documents the existence of insurance. INDEMNIFICATION. SKW agrees, to the fullest extentpermitted bylaw, to indemnify and hold hammess the Client, its officers, directors and employees (collectively, Client) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by SKW's negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom SKW is legally liable. 'rho Client agrees, to the fullest extent pennitted by law, to indemnify and hold harmless SKW, its officers, directors, employees and subconsultants (collectively, SKW) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the Client's negligent acts in connection with the Project and the acts of its contractors, subcontractors or consultants or anyone for whom the Client is legally liable. Neither the Client nor SKW shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. OPINIONS OF PROBABLE COST. In providing any opinions of probable construction cost, the Client understands that SKW has no control over the cost or availability of labor, equipment or materials, or over market conditions or the Contractor's method of pricing, and that SKW's opinions of probable construction costs are made on the basis of SKW's professional judgement and experience, SKW makes no warranty, express or implied, that the bids or the negotiated cost of the Work will not vary from SKW's opinion of probable construction cost. OWNERSHIP OF INSTRUMENTS OF SERVICE. All reports, plans, specifications, computer riles, field data, notes and other documents and instruments prepared by the SKW as instruments of service shall remain the property of SKW. SKW shall retain all common law, statutory and other reserved rights, including the copyright thereto. STANDARD OF CARE. In providing services under this Agreement, SKW will endeavor to perform in a manner consistent with that degree ofeare and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Upon notice to SKW and by mutual agreement between the parties, SKW will, without additional compensation, correct those services not meeting such a standard. TERMINATION. Either the Client or SKW may terminate this Agreement at any time with or without cause upon giving the other party seven (7) calendar days prior written notice. The Client shall, within thirty (30) calendar days of termination, pay SKW for all services rendered and all costs incurred up to the date of termination, in accordance with the provisions of this contract. WORK IN PROGRESS It is agreed and understood that any work performed by SKW shall not be deemed complete, nor may it be relied upon as compete, until delivery of the written, sealed and signed product. Prior to final completion, any information generated by SKW in the performance of their service, whether in the form of survey stakes and monuments in the Geld; or plans, plats, reports or other work items (whether provided in written, electronic, or other format) shall all be considered as preliminary work in progress and subject to revision. SKW cannot guarantee the suitability ofthis information for any party's purposes and shall have no liability or responsibility whatsoever for the use of such preliminary information by the Client or others. lglm 4 1 , HOURLY RATE SCHEDULE CLASSIFICATION HOURLY RATE CLASS IFICATION HOURLY RATE Principal $170 Secretarial/Clerical $55 Associate 150 Engineering Technician V 105 Engineer V 135 Engineering Technician IV 95 Engineer IV 125 Engineering Technician III 80 Engineer Ill 115 Engineering Technician II 70 Engineer II 100 Engineering Technician 1 60 Engineer 1 90 Drafter 55 Landscape Architect IV 125 Construction Observer IV 90 Landscape Architect 111 110 Construction Observer II1 85 Landscape Architect II 100 Construction Observer 11 75 Landscape Architect I 85 Construction Observer I 65 Landscape Design 70 Registered Land Surveyor 11 110 Planner IV 120 Registered Land Surveyor 1 95 Planner III 110 Survey Crew 160 Planner II 100 Survey Rodperson 55 Planner 85 Survey Technician V 100 GIS Consultant IV 115 Survey Technician IV 90 GIS Consultant 111 100 Survey Technician III 80 GIS Consultant 1I 85 Survey Technician 1I 70 GIS Consultant I 70 Survey Technician I 60 Controls Technician III 90 Controls Technician 11 80 Controls Technician 1 60 Photogrammetrist 90 Administrative Assistant 70 Equipment Costs (Hourly Rate) GPS Survey Receiver $20 High Definition Scanner $150 Note #1 Note #2 Thehour ly rate shoivnforSur•vey Crews inchndes stakes, flagging, iron bar's and other miscellaneous materials. All reimbursable expenses incurred on a project will be charged at a rate of direct cost plus 10% to cover administrative overhead Direct cost ofpassenger car mileage will beat the standard rate established by the Internal Revenue Service and in effect at the time the expense is incurred Direct cost oftrucklvan mileage will beat the IRS standard passenger car rate, plus 20 0 16. plotting and reproduction will be charged at $0.50 per square foot for all media except photographic glossy, which will be charged at $1.00 per square foot. Color copies will be charged at $0.80 per 8.5 x 11 sheet and $1.60 per 11 x 17 sheet. Subcontract expenses will be charged at quoted prices with no markup. Effective July 1, 2007 11250 Corporate Avenue, Lenexa, KS 66219 (OFFICE) 913. 888. 7800 (FAX) 913. 888. 7868 srwl ^,..7 €<w- hic.com CIVIL ENGINEERS • LAND SURVEYORS • ELECTRICAL ENGINEERS • LANDSCAPE ARCHITECTS • GIS CONSULTANTS • CONSTRUCTION OBSERVERS • LAND PLANNERS • MECHANICAL ENGINEERS