HomeMy WebLinkAbout2007-010 - Agreement with Shafer, Kline & Warren and Cook, Flatt & Strobel for City Engineering Services
'~ 1 SILL N0.2007-10 ORDINANCE N0.2007-10
AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE CITY TO
COMPLETE AND EXECUTE, AN AGREEMENT BY AND BETWEEN THE CITY OF
RIVERSIDE, MISSOURI AND SHAPER, KLINE & WARREN AND COOK, FLATT, &
STROBEL ENGINEERS FOR CITY ENGINEERING SERVICES
WHEREAS, Shafer, Kline & Warren and Cook, Platt, & Strobel Engineers are in the business of
providing professional services, including but not limited to Engineering services (the "Services"); and
WHEREAS, the City of Riverside, Missouri (the "City") has determined that the City requires the
Services for projects, and that such Services are for a public purpose, and the City desires to retain Shafer,
Kline & Warren and Cook, Platt, & Strobel Engineers to provide such Services; and
WHEREAS, the City has negotiated with Shafer, Kline & Warren and Cook, Platt, & Strobel
Engineers and the City and Shafer, Kline & Warren and Cook, Platt, & Strobel Engineers have reached
agreements (the "Agreements") concerning the provision of, and payment for, such services.
NOW, THEREFORE, BE IT ORDAINED, by the Board of Aldermen of Riverside, Missouri, as
follows:
Section 1. The City of Riverside shall enter into the Agreement, to be substantially in the form
attached hereto as Exhibit A, with Shafer, Kline & Warren, whereby Shafer, Kline & Warren Cook, will
provide Services specified in the Agreement, and as consideration for such Services the City shall pay fees
described in Exhibit A.
Section 2. The City of Riverside shall enter into the Agreement, to be substantially in the form
attached hereto as Exhibit B, with Cook, Platt, & Strobel Engineers, whereby Cook, Platt, & Strobel
Engineers, will provide Services specified in the Agreement, and as consideration for such Services the City
shall pay fees described in Exhibit B.
Section 3. The City of Riverside, with Shafer, Kline, & Warren and Cook, Platt, and Stobel
Engineers have agreed upon a Memorandum of Understanding as described in Exhibit C setting forth the
understanding of the parties concerning the division of services under the Agreements.
Section 4. The Mayor and the City Clerk are authorized and directed to execute the
Agreements and Memorandum of Understanding, execution of such documents being conclusive proof of
such approval. The Mayor, City Clerk, and City Administrator are each authorized and directed to perform
all acts and execute any other documents necessary or desirable to effectuate the intent of this Ordinance.
Section 5. This ordinance shall take effect immediately.
Passed this ~ day of February 2007.
Ma or Kathleen L. Rose
A
C
... ~ ~ ..
,~ ..
. .. ~ ~ ~ ,
February 6, 2007
Mr. David Blackburn
City Administrator
City of Riverside
2950 NW Vivion Road
Riverside, Missouri 64150
Re: Agreement for On-Call Engineering/Consulting Services
Dear Mr. Blackburn:
Thank you for considering Shafer, Kline and Warren, Inc. (SKW) 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 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, 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 cover
administrative overhead. Total compensation, including reimbursable expenses, will not
exceed the amount indicated for each Task Order without prior written consent.
You will be invoiced monthly, based on the project progress that has occurred. All invoices
aze due and payable on receipt and will be considered past due if payment is not received
within 21 days. Once project invoices aze past due, an interest charge will accrue to your
account at the rate of one and one half percent (1%z%) 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. 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 SKW will be given timely access to the project site, as
necessary, to complete the proposed professional services.
The following individuals are designated as primary project representatives for SKW and the
City of Riverside These individuals shall be the primary point of contact and shall receive all
correspondence or notices.
Shafer, Kline & Warren, Inc.
Mr. Michael Duffy, AICP
2005 Swift Street
North Kansas City, Missouri 64116
Phone: (816)221-6611 Fax: (816)221-6622
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 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 for a period of 60 days from the transmittal date.
We appreciate this opportunity to provide you this proposal for our services and look forward
to working with you. If questions should arise after you review this proposal, please call me
at the number listed above.
SHAPER, KLINE & WARREN, INC. CITY OF RIVERSIDE, MISSOURI
BY~ By: G~CfiG~~ ' `~~
Larry J. Sc ,Vice-President Kathy Rose, Ma//yor ~/
Accepted this {O~day of e~~e=~'~
2007.
Appro to F rm:
W. McClelland, City Attorney
BASIC SERVICES SUMMARY
Attached to and made a part of Letter Agreement, dated December 19, 2006, by and between
the City of Riverside and Shafer, Kline & Warren, 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 in the Letter of Agreement, SKW will perform the following
professional services, identified by individual task(s). Services not detailed within 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. Shafer, Kline & Warren, Inc. 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 Commission
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, the
Engineer/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.
7. The Engineer/Consultant shall also identify and evaluate technical services
which aze 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.
"NOTE: SKW is aware the City of Riverside has elected to retain the
engineering services of two firms to perform the tasks related to this
scope of work. Amore detailed description of the roles and
responsibilities of each firm will be identified within a Memorandum of
Understanding (MOU) between the three parties. This MOU will define the
process by which specific work tasks and assignments are defined."
ADDITIONAL SERVICES
If agreed to by the Client and SKW, 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
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. The additional services shall be prepared in
subsequent Professional Services Task Order(s) and describe the proposed scope of work,
schedule and fees.
CLASSIFICATION
Principal
Associate
Engineer V
Engineer N
Engineer III
Engineer II
Engineer I
Landscape Architect N
Landscape Architect III
Landscape Architect II
Landscape Architect I
Landscape Design
Planner N
Planner III
Planner II
Planner I
GIS Consultant N
GIS Consultant III
GIS Consultant II
GIS Consultant I
Controls Technician II
Controls Technician I
Photogrammetrist III
Photogrammetrist II
Photogrammetrist I
HOURLY RATE SCHEDULE
HOURLY RATE CLASSIFICATION HOURLY RATE
Equipment Costs
GPS Survey Receiver
Note #1
Note #2
$155 Secretarial/Clerical $55
140 Engineering Technician V 100
130 Engineering Technician N 90
120 Engineering Technician III 80
110 Engineering Technician II 70
100 Engineering Technician I 60
90 Drafter 45
120 Construction Observer N 90
110 Construction Observer III 85
100 Construction Observer II 75
85 Construction Observer I 65
70 Registered Land Surveyor II 110
120 Registered Land Surveyor I 95
110 Survey Crew 150
100 Survey Rodperson 45
85 Survey Technician V 100
115 Survey Technician N 90
100 Survey Technician III 80
85 Survey Technician II 70
70 Survey Technician I 60
80 GPS Survey Technician 95
60
90
80
70
$20
The hourly rate shown for GPS Personnel and Survey Crews includes stakes, flagging, iron bars 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 of passenger car mileage will be at the standard rate
established by the Internal Revenue Service and in effect at the time the expense is incurred. Direct
cost of survey vehicle mileage will be at the IRS standard passenger car rate, plus 20%. 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 January 1, 2007
..~ ~ ~.~
Project Date
~/
SKW Project No. Agreement Date
Owner
Description of Change(s)
Exhibits/Attachments/References which aze a part of this professional services change order
Anticipated effects of professional services change order on basic services
Schedule Fees
The change described in this professional services change order is made a part of the indicated professional
services agreement between the client and SKW. All other provisions of the agreement shall remain in force.
SKW by Date / /
Client by Date / /
If directed/approved by Client by telephone, by letter, in meeting, etc., provide reference material here.
Distribution
( )Owner ( )Project File ( )SKW Accounting ( )Other
TERMS AND CONDITIONS
SHAPER, 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 cost required to add such item or component to the extent that such item or
component would have been required and included in the original construction documents. In no event will SKW be
responsible for any cost or expense that provides betterment or upgrades or enhances the value of the project.
BILLING AND PAYMENT. Invoices submitted by SKW are due upon presentation and shall be considered PAST DUE
if not paid within twenty one (21) calendaz days of the invoice date. If payment is not received by SKW within twenty one
(21) calendar days of the 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
standazd 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 eazlier termination by either party.
If the Client fails to make payments when due or otherwise is in breach of this Agreement, SKW may suspend performance
of services upon seven (7) calendaz 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.
CERTIFICATIONS, GUARANTEES AND WARRANTIES. SKW will, as a matter of professional practice, affix a
professional seal 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 lenders 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 detemmine 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.
CONSEQUENTIAL DAMAGES. Notwithstanding any other provision of the Agreement, neither party shall be liable to
the other for any consequential damages incurred due to the fault of the other party, regazdless 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.
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.
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 any adjacent areas that may affect the performance of SKW's services, SKW may, at its option and without
liability for consequential or any other damages, suspend perfommance of services on the project until the Client retains
appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic
materials, and warrant that the jobsite is in full compliance with applicable laws and regulations.
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.
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 wazranty, express or implied, that the bids or the negotiated cost of
the Work will not vazy from SKW's opinion of probable construction cost.
REUSE OF INSTRUMENTS OF SERVICE. The Owner acknowledges that SKW's drawings, plans, specifications, and
other similar documents, along with the electronic files used to create such documents, are instnrrrrents of professional
service and not products. Upon full payment of SKW's compensation for this project, a license to use the instruments of
service shall be transferred to the Client. SKW shall retain ownership and copyright of the instruments of service and the
right to reuse the information contained in them in the nom~al course of SKW's practice. The Client recognizes that the
instruments of service shall not be reused for additions, modifications or renovations on this project or for any new project
without an evaluation of the documents in relation to applicable codes and standards by a legally competent agent of the
Client. In return for SKW allowing future use of the instruments of service, the Client agrees to waive any claim against
SKW and defend, indemnify and hold SKW harmless from any claim or liability for injury or loss allegedly arising from
reuse of SKW's design or instrumants of service by the Client or any agent of the Client. The Client further agrees to
compensate SKW for anytime spent or expenses incurred by SKW in defense of any such claim, in accordance with SKW's
prevailing fee schedule and expense reimbursement policy.
STANDARD OF CARE. In providing services under this Agreement, SKW will endeavor to perform in a manner
consistent with that degree of care 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 temilnate this Agreement at any time with or without cause upon giving
the other party seven (7) calendaz days prior written notice. The Client shall, within thirty (30) calendaz days of temilnation,
pay SKW for all services rendered and all costs incurred up to the date of termination, in accordance with the provisions of
this contract.
TRANSFER OF ELECTRONIC DATA. When honoring a request to transfer, in electronic format, any documents to the
Client, or others designated by the Client, SKW makes no representations as to compatibility, usability, or readability of
electronic files resulting from the use of softwaze application packages, operating systems, or computer hazdwaze differing
from those used by SKW in creating the files. Electronic drawing files typically contain sufficient data to generate a
graphical representation useful for plotting hard copies, but typically do not contain all data necessary for automation of
field construction staking activities (this additional data is only developed by SKW if retained for construction staking).
Data stored in electronic format is subject to random en•ors during file transfers and additions, deletions and amendments by
agents outside the control of SKW. For these and other reasons, information contained in the electronic files should be
treated as a secondary information source to azchival hard copies. Information contained in the signed and sealed
documents should be deemed to be superior to electronic information. Any inconsistencies the Client discovers, between
the electronic information and hazd copy documents, should immediately be reported to SKW so that the source of the
inconsistency may be investigated. See Reuse of Instruments of Service for additional temts and conditions related to
electronic data and other instruments of service.'
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 perfomtance of their service, whether in the form of survey stakes and monuments in
the field; 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 of this
infomvttion 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.
w. - ..
Cook, Flatt & Strobel
ENQINEERS, P.A.
9229 Wud Perkwsy, Sane 110 February 5, 2007
Kamas City, Misaoud 64114
(816) 333.449'1
(816) 333-6688 Faa
`°""~~a8'°~ Mr. David Blackburn
othero~eea:
T
l
K Ci Administrator
t3'
ope
®,
aeeea
Wiehih, Kansas City of Riverside
2950 NW Vivion Road
Riverside, Missouri 64150
Re: Agreem~lt for On-Call Engineering/Consulting Services
Dear Mr. Blackburn:
Thank your for considering Cook, Flatt and Strobel P.A. 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 Scope of
Services Summary.
Our compensation for completing the services listed in the Scope of Services
Summary will accrue on an hourly basis, in accordance with our Hourly Rate
Schedule, which is attached hereto, or the one in effect at the time the services
are preformed. Reimbursable expenses (out-of-pocket expenses such as
printing, vehicle, mileage, delivery charges, filing fees, ~ application fees,
etc.) will be invoiced at actual cost, plus ten percent (10%) to cover
administlaiive overhead. Total compensation, including reimbursable
expanses, will not exceed the amount indicated for each Task Order without
prior written consent.
We ~pect to begin our services promptly, after receipt of yottlr 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
~Ohno• ~~ it is requested and that CFS will be given timely access to the project site, as
necessary, to complete the proposed professional services.
Kenneth M, Blair, P.B.
°" The folio mdividuals are deli
wmg grated as primary project representatives
Melvin D. Chew; P.B. for CFS and the City of Riverside. These individuals shall be the primary
~` ~"''~`~` point of contact and shall receive all correspondence or notices.
Wayne Weatmmm, P.B.
vrce P~apr-seawmy
Robert S. Chambas, P.B.
Yiae i°msrden6TYeaswer
DouBLe W. Fhat, P.B.
Consrdtont
P:1Corporele In6xmatlonlCoritrat~eW7 ContracllClly of Wvefelde\Orfceil It wllh letterhead v2 Feb 6.dx
cook, Flatr, Bi strobe], P.A.
Mr. Sabin Yafiez
9229 Ward Parkway, Suite 110
Kansas City, Missouri 64114
Phone: (816) 333-4477 Fax: (816) 333-6688
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 Scope of Services Summary, Hourly
Rate Schedule and Terms and Conditions, 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 CFS's liability regarding the
project. The Temps and Conditions should be read and understood before entering
into this agreemcet. 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 services and look
forward to working with you. If questions should arise after you review this proposal,
please call me at the number listed above.
Sincerely,
Cook, Flatt sad Strobel Engineers, P.A.
~~~~~
Sabin Ysilez, al
Cook, Flan, and
City of Riverside,
D
~~
Kathy Rose, M ~y~or
Accepted this~day of
~~~ 200 .
A roved as to Form:
~a W. McClelland, City Ate
SCOPE OF SERVICES SUMMARY
Attached to and made a part of letter Agreement, dated February 5, 2007, by and
Between the City of Riverside, Missouri and Cook, Flatt, & Strobel, P.A., in respect to
provide on-call services for the City of Riverside, as indicated herein.
SCOPE OF SERVICES
For the compensation outlined in the letter of Agreement, CFS will perform the following
professional services, identified by individual task (s). Services not detailed within the
Scope of Services by individual tasks may be undertaken through rho preparation and
approval of a Professional Services Task Order (form attached) as described in
Additional Services.
Cook, Flatt & Strobel, P.A. agn~s to dQsignate one person from its staff to serve
as the primary contact representative to the City. The selection of this individual
as his continuing service ae 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, Planning, and surveying construction concerns
during regular work hours. It is understood by all parties that the nature of these
oonsultauta 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 Commission
meetings, City Council meetings and other meetings when requested, to counsel
or report to the City on any engineering, Planning surveying, construction of
other projects or concerns which have been brought to the attention of the
Engineer by the city.
4. The Bngineer/Consultant shall assist the City, as requested, in its general
consideration of budget items or expenditures relating to said engineering
concerns.
5. The entire engineering, Planning, surveying and construction capabilities of the
Etrgineer/Consultant shall be available to the City through the consulting
representative. 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 for projects designated by the city. In
their review of plats and pleas, public works improvements or other sizable
projects, the engineer/consultant shall be allowed a minimum of five (5) working
days to report to the City and sha11 make report within the assigned period.
7. The Engineers/Consultant shall also identify and evaluate technical services
wlrich 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 bill the city only for
services requested and rardered in identifying, evaluating and contracting for
these services.
8. The City shall provide to the Engineer/Conaultant all property surveys,
subdivision Plats, Plans and specifications for previous improvements and any
other pertinent documents which are readily available in City offices and wlrich
are needed by the Engineer/Consultant to complete any assigned consulting
services.
9. The City shall schedule the appropriate time for the consulting representatives to
be present at meetings.
10. The City shall allow the Engineer/Consultant a minims of five (5) woring
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 the Client and CFS, we will provide Additional Services, as requested by
the client. Additional Services are those not included as part of the Scope of Services
and shall be paid far by the Chart in addition to paymart for Scope of Services, in
accordance with CFS's prevailing fee schedule, in effect at the time that such services
are rendered, or as otherwise agreed to by the Client and CFS. The additional services
shall be prepared in subsequent 1?rofessional Services Task Order(s) and describe the
proposed scope of work,. schedule and fees.
GENIItAL PROVISIONS
Attached to and made a pact of LBTTER AQREBMffiVT dated
r ' between City of Riverside (OWNER), Misaoori and
Cook, Flstt 8: Strobel Bngineara P.A. (ENt3DIEER) in respect of the
Project daacribed thaoirr.
SECTION 1- H 1rrG SRRVICF~ OF EN -1Np:FR
1.1 General
1.1.1 IlNO1P1BBR stall paflnm profes~al eavica as stated' in
Appadiz A which irolmk costoms[y civil, stmcdr®1, mechanial e~
deohical eagineaiag eavicee and auammmy erohitecanal eavioes Lroid~l
tLaeto.
SECTION S - ADDTTIO Ar. SERVICg' OF RN .INFRA
21 Normal awl watomery aervlca do sot Lrolude eavicea
in respect of the folbwbsg categmia of wodr, which aza uwraly. nfared to as
Additional Savlcea, >f OWl!FBIt wicks PN(iII~IFER to perform aqy Additional
Services, Le shell so inettra:t ffi~iORVSBIt in writing, s~ gPlO1NB~t will bo
peal 1Laelbn ea pnuvided in the Letter Agro~ent Additlcual Services
ieclade:
- ~ of aPP~ ~ enPP~g dooamaus for governmental
1lneadal suplwrt of tLe project; and pnpamtion or review of
envimmneoml studies sad r services.
- Savioes to make maeurrd drawings of or to Lrveetigate ariating
conditlon or iicLitla.
- Savicee raalthrg iirom signiBCaot cLeagea in the octant of the Project a
mgja chsaga in doenmenfiticn previously aceeptad by OWNtEt whoa
Changes are doe to oenaa beyend BNOINBt$t'B aonfroL
- PmvIdiog moderioga a models.
- Preparing doa~ for ahaaate bids nquestad by OWN13R ~ work
which la not a:eauted, ~ fororrtof~eagaence wink.
- l)etaibd ceneidastim of operations, maiotenana and ovadrmd
expenea; and the pnepmstioa of nrb eoLedalee, eamiags and expense
appraimisaadvaluaHens. oennoonc ~ ~~'
- PtrmisNag tLe services oY~pacial coneulteas.
- Savkes rasaldog fimn the award of mine tLea one prima aonhad for
coesandron conhadcoanad aa~g ao& pbss orb Provlsioas
ibr Contractor's bask compenation, or fi~ e~nging Far palbmmne
by paean alto tLan the principal prime oontraotors ~ from
admioietaing OWNHR's coMnals ~ enah eervlca.
- Services in connection with fiold enrvrrya fur deetgn pmpnes and
engiaeedag surveys and elalting outtire work ofCoanador(e).
- 3avica to aomection with cLenge ordure to mHeot oLenges regaeatod by
OWNBR, evelaetiag eobsfibgicn prnpceod by Conhactor(s) a8a awmd,
sad services neatdtiog from metaisl, apdpment a arergy aLmmga.
- Servkxs dining wrt-of~town travel otherlLea vieNs to the site
- Preparing for OWNIHt, oo negaeat, s ad of raproduoible record psiab
beead oa data 1Lmitired by Contrsotor(e).
- Additional a artended eervkea dining oomtiuotian ends necessary by
(1) wodr damaged by fire or attar oeasa daring ooneLudma, (2) a
significant ammmt of defective a neglected wok of Contraotor(e), (3)
prolongation of contract lime. (4) Canuada(s)' overtime wodc, sad (~
Coshaotor(c)' defauba
- Preparation of operating sal msiot aence manuals; ertenelve aseletaoce
in rgilirntioa or emrtrrp; andtrainiog OW1Vffit's paso~d.
- 3aviaes afia comp&fioa ofihe CcaMnwtien PLese.
- Pmpadng to save or servrog ea a cenwltaat or wImees Tn ury legal or
admiaiet<ative Proceeding orpnblio hearing.
- Providing savica rotmelly firmisLadby OWNl3R
22 If 9re parties agree, 1~IO1NBBtt shell provide neidaot Project
rapresentstioa mrda ffidOINE~t's eapetvision whbh will be paid For by
OWNER ere indkxted to Exln'bit A "Farther Daorlptioa of Hack Engi~dng
Services and Related Maness" end wltbh will be intended to assist EbTQiNS81t
is obeaviug pedomumce of Caohactm(e)' work, bat wilt not involve
HNCiII~tt in the coaehraxion insane, metLods, tachoiquos, eegaencee or
pnxeduns err eafot,Y precaution or pro~ams nor provide to OWNER any
guarsotee 6y ffi~10IN1i1$t of dre aceuraay, gaaliq~ or timelines of
Conhaotm(s)' perlbrmaooe.
SR!"S?ON g _ OWNRR'S Rrsaanxamrr.rrrlr_a
3.1 OWNER stall provide ell criEeda e~ full infametion m to
OWNI$t'a regainemeop fbr 9re Pmjed; deeigoste a peraen to act wltir audtorlty
~ OWNBR'e beLa1P in respect ~ all aepoob of the project; esamine and
respond promptly to BNCi1NBBR's arbmisaion; sod give prompt wdMm notice
to 19NOIDtl3~t wLeneverhe absavee a otherwise becomes swan of a4y defect
in the work.
32 OW1N!$t shall also do tba FoIlowJng sod pay ell coNS Lrcident
thereto:
- Furnish to ENOlNB6R core borirrgs, probinge end aabsafaca
eapbmtione, hydrographio wrrveye, laboratory leafs and inspection of
samples, metaiels sad aquipmmt and similar data; eppropsiete
profaaionl imetpreteliaae of all of tire 1Lngoing, envlmnmeotal
asaea~t sad iopaot amtamente; PmPmbS boundary, . rigltr
of-way, topo~bio e~ utility ~: PAY ~~ ~
deed ratridieme; all oBwLich FNO1N1?$R may rely qwa is parfomilng
Lis services.
- (Lraraotea eoaeb to and maim ell provision for 13PTO1NSER >D inter
~lmblio ~1~ProPab'•
- Provide wok ~, ea;oo~, iadapesdeot coat estimating sod
inamoe ooumdiog eavioea v may be required for the Project, a9'
auditing aavice regaLrd io napxt of Coahacoor(ar applbxtion for
PsY~, end any impeoHon eavloa to dete>mioo if Conhaotor(e) an
pedomilag the wodr legally.
- Provide Sold coarol smveye and fu refamoe poina sod base lines.
- Famish approvals a~ paints 11om all govaamental anthoritia Laving
judaNotion ova the Project
33 OWNER shalt pay all costs incident m obtaining bide a prnpoeai®
fiom Conuactor(e).
RRCTION 4 - n4r~CEr.L.A_NtrnUS
4.1 ReaseofDocaments.
'All dooumenis inladiog lAaa3oga and Specificetion, Pruned by IiDiO1Nl?BR
payment to this Agrcement ere iasWmeals of servke m respart of the Projaot
They an not intended a r+opreBaated to 6a eidtable fbr renew by OWNBR err
others an eatenelom of tics Project or oa say ova project. Aqy nine withwt
wrIroen veriffcetioa or adapmtica by ffidOII~t ibr the apaci$o pmpoeas
iatmded wlll be OWNHR's sole risk and' wlthont liability or legal egioaas 10
IiNOIDiH6R; and OWNER stall iadeomify and Loll Lmmlas 1~i0II4SBR finen
ell ahdms, damages, losses, and apen[e inch~iog attorneys' t6aa catalog oat of
or resulting 1Laeflom. Any sash vertScation a adaptation by SNOIId$6R will
entitle 13r1(iIIVSBR to Sather cNen e< ntas•to be agreed npcu by
OWNl3R and IIrTOINBHR. Llpen fag payment of BNO1Niffit'e compensation
fbr~~pr'ojed, a licena m rose 1La imhumenls of service stall ba traoafened to
42 O~oloaaofCoef.
Since BNOINPERLas m contol ova tLe cost of Ldwg mataisbr, egaipmeat a
eervica famished by otireo, or ova der ConLador(s)' methods of d
pdca, a ova competitive btddiog or madmt condition, his opiniene oP
probable Projaot Coat and CooshrsNiaa Cost provided For herein are to be ends
on tics ba®e of his aaperimoe and gaallfirxdom sad represent his beat
jndgemeat ere an e:pedenoad sad gwlified profbaaioaal en@inem', fiemitier with
the oenstmof>~ indsetry; bee ffidOII~ffiIL aamat and does not guarantee tLat
pnuposals, bids or acaral Project a Conatiuotlen Cost will not vary From
opinion of probable coat preparod by him. 1f ptia to the Hiddisg err
Negotiating Phase OWNER wicks greats ammance as to Pmjed or
Comhuotioo Coat Le stall empty ffi Indepeodaot coat eerlmata ere provided to
paragraph 32. B~ineedng eervtoa to modify the Conked Ibawarts to bring
Le Conetructiam Coat wlihin mD' limier eetebliahed by OWNtFt wr~l be
conldaed Addhioml Seavlces and Paid for ere ecehby OWNER.
43 Idle Payment
>t' OWNB;t firila tc make any payment dm BNOINElRt 1br savicae and
apaosa witLin ~ days atha recmpt of HNQINS~t's bID thareforq the
amounts due PNO)NEffit shell inalade a cLsrge at the rate of 1% pa montir
Page 1 oft Pagae
P.1Corparnte [nibrmatioalComhaotsVll7 CoahactUYty of RivastdeUR?NffitAl. PROVISIONS fix Rtvaside.doo
Som er(d sixtieth day, end m additim, 1$iQIIVI~t may, after giviwg even
days' svrittm notlcam OWN!?it, sospaod aavIaa mils this Agratmmt uotll he
Las hem peidm fall all amamte due him flu eavioes s~
4A Termiaatlsn
The obligation m provide Sathm~ eervtcae ands this Aareemmt mqy be
by ~~' Pmb' >~ sauce days' wriSm aotka wigt or widwat
canes Ta the wem of ter>aioatico, ENOIIVI?$lt wr7l be paid Sa ell services
tmdaed m the date of termimtion, atl Reimbotaebb Fmrpmees snd tetmimtion
4.5 8aacawr and Apigro.
45.1 OWNER and 1?NOINB6R each binds himself end his pettnea,
sucaaesoe, axaonmts, admioiabamts, asei~s end legal tgammtatives m the
other pent of the A~eemmt and m the partoas, eucoeeeors, exeartms,
edminiehamre, aesl~e, and laged rtivee of such other patty, in
respect m all mveaanta, sgna~ and obligatlme of this Ayet®mt
45.2 Nether OWNER mr ffidOINSBR shell assign, eubkt or 1nMer mY
rtgbts tmda or iatanet m (iachrdiog, bat wilLoat , moneys that mt{y
baoawe due or moneys that mo dne) this Agiis®mt wltbOUt ffie written
rmnsont of the albs, eaoapt es stated in pemgtaph 4.5.1 sod except m the
stmt that the affect of this lhmtaNoa may be rnthlrted by law. Unless
epaai5oally stated m the conhary ht any wdum oaaemt m ao aesipmmt, m
aseigommt will r+daeea or dieohatye the assignor Sam any do4y or
nspoasr'bHity voila' this Agnemrmt. Nothing contained in this penegmph
shell prevent ffidORdE~t flum mgdoyiag wch indapendmt comultaats,
aeeoclatee and eab~wWr, ea ire may deem eppropdate m assist him in the
paformaoae of eatviota heramder.
45.3 Nothing bends shall be oenet<vod m give any rights or Benefits
heremdarm a4Nona otter then OWNER and ENOIIVE~t.
Pttge 2 of 2 Pages
1„~Corpaate Infmmetion~mha~~7 C.mhactlCity of Rivr~Ide~CiENERAL PROVL4ION3 Str Riveoiidadoa
2007 RATE SCHEDULE
COOK, FLATT & STROBEL ENGINEERS, P.A.
LABOR CATEGORY HOURLY RATE
Principal $160.00
Project Manager $134.00
Senior Engineer $108.00
Engineer $93.00
Junior Engineer $72.00
Sr. Design Technician $91.00
Senior Technician $82.00
Technician $72.00
Junior Technician $57.00
Licensed Surveyor $88.00
Survey Chief $70.00
Survey Technician $54.00
Construction Manager $98.00
Senior Constr. Technician $72.00
Construction Technician $62.00
Junior Constr. Technician $57.00
Administrative $54.00
Clerical/Support $36.00
Survey Crew (2 men) $124.00
Survey Crew (3 men) $178.00
Direct Expenses
Mileage $0.43/mile
Motel At Cost
Meals $31.00/Day
Printing $0.20/sq.ft.
Mylars $3.00/sq.ft.
.. --
MEMORANDUM OF UNDERSTANDING
FOR CITY ENGINEERING SERVICES
THIS MEMORANDUM OF UNDERSTANDING FOR CITY ENGINEERING SERVICES
(this "Memorandum") is made as of this ~ day of ~~u 2007, by and among
the City of Riverside, Missouri (the "City"); Shafer, Kline & Warren, Inc. (SKW) and Cook,
Flatt & Strobel Engineers, P.A. (CFS), 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, and the City and CFS; 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
related to transportation and utility coordination.
2. The City of Riverside has retained SKW to provide general engineering services
related to land development, stormwater management, GIS and survey.
3. The City has discretion to direct specific projects to either firm based on
workload, timing and expertise.
4. CFS and SKW will meet with the City weekly to coordinate all engineering
activities and projects within the City.
5. At the conclusion of each weekly meeting, CFS, SKW and the City will prepare a
"Summary of Actions Taken and Assignments" which will be forwarded to the
Board of Aldermen.
6. For specific design projects undertaken by one of the City Engineer firms (CFS or
SKV~ within the City of Riverside, peer review of the design shall be provided by
the other firm.
-1-
WA 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.
AT'PES RIVE ~E~CU~/7~
By:
~l-~i~een. L. o~
City Clerk Printed Name:
(Seal) Position' J ~ -Q n
Date: ~l- ~/
ATTEST:
Secretary
(Seal)
.,.,.,..,«. y
SHAFER, KLINE & WARREN, Inc.
By:
P me Name:
~ a/
Positi n:
Date:
l3 07
COOK, FLATT & STROBEL
ENGINEERS, P.A.
By:
~~ ~ • ~~'
Printed e•
Positi`~
Date:
_ - z~iG~o~
-~r--~.
_ 2 _ WA 826996-5