HomeMy WebLinkAbout2006-009 - Engineering Services Agreement for Drainage Study at 4915 NW Merrimac St.
BILL N0.2006-09
ORDINANCE N0.2006-09
AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE MAYOR
TO COMPLETE AND EXECUTE, AN AGREEMENT FOR ENGINEERING SERVICES
RELATED TO THE DRAINAGE STUDY FOR 4915 NW MERRIMAC STREET
WHEREAS, the City of Riverside, Missouri (the "City") desires a study to be performed
at 4915 NW Merrimac to determine the reduction of runoff on the west side of Merrimac ("the
project")
WHEREAS, the City advertised and received multiple bids for the study to be performed
at 4915 NW Merrimac to determine the reduction of runoff on the west side of Merrimac ("the
project")
WHEREAS, the City of Riverside, Missouri ("City"), and SHAPER, KLINE AND
WARREN, INC., (the Company"), have reached an agreement concerning the scope of the
engineering services and consideration therefore.
Now, THREFORE, be it ordained by the Boazd of Aldermen of the City of Riverside,
Missouri, as follows:
Section 1. The City of Riverside shall enter into an agreement, such agreement to be
substantially in the form attached hereto as Exhibit A, with the Company whereby the Company
shall provide engineering services related to the Project, and as consideration for such services
the City shall pay SHAPER, KI,IlVE AND WARREN, INC., (the Company"), a total amount not
to exceed Four Thousand Three Hundred Twenty-Five Dollars and No Cents ($4,325.00) (the
"Agreement").
Section 2. The execution and delivery of the Agreement, with such additions and modifications
deemed necessary by the Mayor to complete the same, is approved, and the Mayor is authorized
to execute the Agreement and to take such other actions reasonably necessary to carry out the
intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive
evidence of such approval.
Section 3. This Ordinance shall be in full force and effect from and after its passage and
approval.
Passed this 31S` day of January 2006.
ATTEST•
ity C erk
~~~
Mayor Pro Tem
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AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made and entered into this,~~ay of January, 2806, by and
between the City of Riverside, Missouri, a Municipal Corporation of the State of Missouri,
hereinafter referred to as the "Owner", and SHAFER, KLINE AND WARREN,11~~. hereinafter
referred to as the "Consultant."
WTTNESSETH:
WHEREAS, the Owner desires to have the Consultant provide engineering services for a
study to be performed at 4915 NW Merrimac St. to determine the reduction of runoff on the west
side of Merrimac, hereinafter referred to as the "Project."
WHEREAS, the Owner has selected the Consultant to perform the services as described
herein.
NOW, THEREFORE, the Owner and the Consultant in consideration of their mutual
covenants herein agree in matters pertaining to the performance or furnishing of professional
engineering services by the Consultant with respect to the Project and the payment for those
services by the Owner as set forth below. This Agreement will become effective an the date first
above written.
ARTICLE I
CONSULTANT'SRESPONSIBILITIES
The Consultant shall perform for or furnish to the Owner professional engineering and
related services in all phases of the Project to which this Agreement applies as hereinafter
provided. The Consultant shall serve as the Owner's prime design professional. The Consultant
may employ sub-consultants as Consultant deems necessary to assist in the performance or
furnishing of professional engineering and related services hereunder. The Consultant shall not
be required to employ any sub-consultants who are unacceptable to the Consultant.
The standard of care for all professional engineering and related services performed or
furnished by the Consultant under this Agreement will be the care and skill ordinarily used by
members of the Consultant's profession, practicing under similar conditions at the same time and
in the same locality. The Consultant makes no warranties, expressed or implied, under this
Agreement or otherwise, in connection with the Consultant's services.
ARTICLE II
SCOPE OF SERVICES
TO BE PROVIDED BY THE CONSULTANT
The Consultant will perform or furnish the necessary professional engineering and related
services to enable the Owner to receive bids and award a construction contract for the Project
and for the construction phase as stipulated herein. The Consultant agrees to perform the
following services:
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2. Preliminary design & legal descriptions
3. Utilities
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& analysis
5 Final sign
6 Sp cification & bid pac age ~ `~'~
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7 re-construction meetin /
8 / Review shop drawings
9 I Four site visits
As-built drawings
ARTICLE III
OWNER'S RESPONSIBILITIES
The Owner shall do the following in a timely manner so as not to delay tha services of the
Consultant and shall bear all costs thereto:
Designate in writing a person to act as Owner's representative wiUh respect to the
services to be perfonned or furnished by the Consultant under dvis Agreement.
Such person shall have complete authority to transmit instructions, receive
information, interpret and define Owner's policies and decisions with respect to
the Consultant's services for the Project.
2. Make available to the Consultant all existing records, maps, plans and other
information possessed by Owner which are relevant to the Consultant in the
completion of the work under this Agreement.
3. Provide all criteria and full information as to Owner's requirements for the
Project, including design objectives and constraints, performance requirements,
any budgetary limitations; and furnish copies of all standard forms, design
standards and construction standards which Owner will require to be included in
the Plans and Specifications.
4. Furnish to the Consultant, upon the request of the Consultant for performing the
services, data prepared by or services of others, including without limitation
explorations and tests of subsurface conditions at or contiguous to the site,
drawings of physical conditions in or relating to existing surfaoe or subsurface
utilities or structures at or contiguous to the site, hydrographic surveys,
environmental assessments, impact statements and other relevant environrnental
or cultural studies pertaining to the Project, the site and adjacent areas.
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5. Furnish existing relevant property descriptions and zoning, deed and other land
use restrictions.
6. Be responsible for, and instruct the Consultant to rely upon, the accuracy and
completeness of all information furnished pursuant to this Article- rII Owner's
Responsibilities. Consultant may use such data and information in performing or
furnishing services under this Agreement, except to the extent Consultant knows,
or in the exercise of reasonable diligence should know, of errors or: omissions in
such data or information.
7. Arrange for access to and make all provisions for the Consultant to enter upon
public and private property as required for Consultant to perform services under
this Agreement.
8. Examine all alternate solutions, studies, reports, sketches, plans, specifications,
proposals and other documents presented by the Consultant and render in writing
decisions pertaining thereto.
9. Give prompt written notice to Consultant whenever Owner observes !or otherwise
becomes aware of any development that affects the Scope of Services or the Time
Schedule of the Consultant in the performance or furnishing of the required
services for the Project, or any defect or nonconformance in the Consultant's
services or in the work of any Contractor.
ARTICLE IV
TIME SCHEDULE
The Consultant agrees to complete the work included in Items 1 through 10, inclusive,
under Article II, Scope of Services, within 60 calendar days following receipt of a notice-to-
proceed from the Owner. Item 5 will be performed in a timely manner as the construction work
progresses.
ARTICLE V
COMPENSATION
The Owner agrees to pay the Consultant the sum of (not to exceed) Four Thousand Three
Hundred Twenty Five Dollars ($4,325.00) for completion of the services described in Items 1
through 5.
Payment shall be made to the Consultant by the Owner within thirty (30) days after
receipt of Consultant's invoice. If the Owner fails to make any payment due the Consultant
within thirty (30) days after receipt of Consultant's invoice, the amounts due the Consultant will
be increased at the rate of 1.5% per month from said thirtieth day.
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ARTICLE VI
GENERAL PROVISIONS
1. Times for Rendering Services: The Consultant's services and compensation
under this Agreement have been agreed to in anticipation of orderly and
continuous progress of the Project through completion of the Desig~A Phase and
the Construction Phase. Specific periods of time for rendering semtices are set
forth in Article N, Time Schedule, in this Agreement, by which tames defined
services aze to be completed. If such periods of time aze changed through no fault
of the Consultant, the rates and amounts of compensation provided for therein
shall be subject to equitable adjustment.
If the Owner fails to give prompt written authorization to proceed wdth any phase
of services after completion of the immediately preceding phase, or if the
Construction Phase has not commenced within 9 months after completion of the
Items 1 through 4, or does not proceed in an orderly and continuous progression,
the Consultant shall be entitled to equitable adjustment of rates and amounts of
compensations to reflect reasonable costs incurred by Consultant as a result of the
delay or changes in the various elements that comprise swch rates of
compensation.
2. Change in Scone: The Scope of the Work described in Article II, Scope of
Services, shall be subject to modification or supplement upon the written
agreement of the Owner and the Consultant. At the time of such modification of
scope, equitable adjustments, agreeable to both parties, shall be madle in the time
of performance and the compensation to be paid for the services.
3. Use of Consultant's Plans Specifications and Other Documents: The plans,
specification, and other documents prepared by Consultant for thus Project are
instruments of Consultant's service for use solely with respect to this Project and,
unless otherwise provided, Consultant shall be deemed the author of these
documents and shall retain all common law, statutory, and other reserved rights,
including the copyright. Owner shall be permitted to retain copies, including
reproducible copies, of Consultant's plans, specifications, and other documents
and electronic data for information and reference in connection with. Owner's use
and occupancy of the Project. Consultant grants an irrevocable license to Owner
to use plans, specifications, and other documents and electronic data furnished by
Consultant for completion of the Project, in the event that Consultant is
terminated for any reason, as well as for any additions, alterations, or other work
to the Project. This license is for the benefit of Owner and its assigns and permits
Owner to retain other engineers and other design professionals who may use the
plans, specification, and other documents and electronic data for such purposes.
Owner agrees to hold harmless and indemnify Consultant against all damages,
claims, and losses, (including attorney's fees and defense costs) arising out of
Owner's use of any such plans, specifications, or other documents for any other
purpose without the written authorization of Consultant.
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4. Codes and Standard Compliance: Consultant shall respond in the final plans and
specifications to applicable codes, ordinances, statutes, regulations, laws, and
other requirements imposed by governmental authorities having jurisdiction over
the Project. Providing final plans and specifications shall constitute a
representation by Consultant that Consultant has informed Owner of any tests,
analyses, studies, reports, or consultant's services that are necessary dr advisable
to be performed or obtained by or for Owner as of that time.
5. Insurance: Consultant shall maintain, at Consultant's expense, the following
insurance coverages and limits, without interruption or reduction below specified
limits, from the date of commencement of services under this Agu~ement until
final completion of all services under this Agreement (or for such lodger period as
may be specified below for specific coverage) and shall, prior to the
commencement of services under this Agreement, provide Owner with copies of
policies and Certificates of Insurance naming Owner, Mayor, Board of Alderman
and City Administrator, as additional insured's on all required coverages (except
professional liability and workers' compensation):
a. PROFESSIONAL LIABILITY OR ERRORS AND OMISSIONS
Each Occurrence $1,000,000.00
Annual Aggregate $1,000,000.00
Specific Project Excess Endorsement:
Each Claim $1,000,000.00
Aggregate $1,000,000.00
Specific Project Excess Limits shall apply only to claims arising out mf the Project
and only in the event that the limits of Consultant's general professional liability
or errors and omissions insurance have been exhausted by payments either for the
Project or for any other covered claim.
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The professional liability or errors and omissions insurance shall not have a
deductible greater than and shall be maintained in full force and effect
for a period of two years following substantial completion, if such coverage is
reasonably available at commercially affordable premiums. For the purpose of
this Agreement "reasonably available" and "commercially affordable" shall mean
that more than half of the engineers practicing in Missouri in this discipline are
able to obtain such coverage. Any retroactive date or prior acts exclusion to
which the coverage is subject shall predate both the commencement of services
under this Agreement and the date of this Agreement.
b. COMMERCIAL GENERAL LIABILITY
Each Occurrence $1,000,000.00
Products/Completed Operations Aggregate $1,000,000.00
Annual Aggregate $2,000,000.00
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Each policy shall include the following coverages: blanket contracbwal liability,
products/completed operations, psrsonaUadvertising injury, broad form property
damage, independent contractors, explosion, collapse, and underground damage.
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c. AUTOMOBILE LIABILITY
The policy shall protect Consultant and Owner against claims for bodily injury
and/or property damage arising out of the ownership or use of any dnvned, hired,
and/or non-owned vehicle and must include protection for any auto or all owned
autos, hired autos and non-owned autos.
Limits: Each accident, combined single limits, bodily injury and propeerty damage:
$1,000,000.00.
d. WORKERS' COMPENSATION
This insurance shall protect Consultant against all claims under applicable state
Workers' Compensation laws. Consultant and Owner also shall be protected
against claims for injury, disease or death of employees which, for any reason,
may not fall within the provisions of a workers' compensation law. The policy
limits shall be not less than the following:
Workers' Compensation
Employer's Liability
Bodily Injury by accident
Bodily Injury by disease
Bodily Injury by disease
Statutory
$500,000.00 eacJ~ accident
$500,000.00 policy
$100,000.00 each employee
All insurance shall be maintained with an insurer acceptable to Owner and having
a minimum financial rating not lower than "B+XI" in Best's Insurance Guide,
latest edition. All insurance shall be written on an occurrence basis, except for the
Professional Liability coverage, which may be on a claims-made basis. All
policies and Certificates of Insurance shall expressly provide no less than 30 days
prior written notice to Owner in the event of cancellation, expiration, non-
renewal, or material alteration of coverage contained in the policy or evidenced
by such Certificate of Insurance.
The Owner shall list the Consultant as an additional insured on any builder's risk
insurance policies carried by Owner which are applicable to the Project. The
Owner shall require the Contractors to purchase and maintain general liability and
other insurance as specified in the Contract Documents and to list the Consultant
as an additional insured with respect to liability and builder's msk insurance
purchased and maintained by the Contractors. All policies of builder's risk
insurance shall contain provisions to the effect that the Consultant's interests are
covered and that, in the event of payment of loss or damage, the insurers will have
no rights of recovery against any of the insured or additional insured thereunder.
6. Termination: This Agreement may be terminated by either party upon not less
than seven days' written notice should the other party fail substantially to perform
in accordance with the terms of this Agreement through no fault of the party
initiating the termination.
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This Agreement also may be terminated by Owner upon seven days' written
notice, without regard to any fault of failure to perform by any party, and solely
for Owner's convenience. In the event of such termination, Consultant shall be
paid for services performed prior to termination and, in additimn, shall be
reimbursed for expenses that are directly attributable to termination; and Owner
shall have no further liability for compensation, expenses, or fees to Consultant.
In the event of any termination of this Agreement, Consultanti consents to
Owner's selection of other engineers or other design professional& of Owner's
choice to assist Owner in any way in completing the Project. Consultant further
agrees to cooperate and provide any information requested by Owner in
connection with completion of the Froject, including partially completed designs,
plans, and specifications prepared under this Agreement. Any services provided
by Consultant that are requested by Owner after termination shall be compensated
by Owner in accordance with Consultant's standard billing rates.
7. Controlling Law: This Agreement is to be governed by the law of Missouri.
8. Indemnification: The Consultant agrees, to the fullest extent permitted by law, to
indemnify and hold the Owner harmless from any damage, liability or cost
(including reasonable attorneys' fees and costs of defense) to the extent caused by
the Consultant's negligent acts, errors or omissions in the performance of
professional services under this Agreement and those of his or her subconsultants
or anyone for whom the Consultant is legally liable.
The Owner agrees, to the fullest extent permitted by law, to indemnify and hold
the Consultant harmless from any damage, liability or cost (includinng reasonable
attorneys' fees and costs of defense) to the extent caused by the Owner's
negligent acts, errors or omissions and those of his or her contractors,
subcontractors or consultants or anyone for whom the Owner is legally liable, and
arising from the Project that is the subject of this Agreement.
Neither the Consultant nor the Owner is not obligated to indemnify the other party
in any manner whatsoever for the other party's own negligence.
9. Dispute Resolution: In an effort to resolve any conflicts that arise during the
design or construction of the project or following the completion of the project,
the Owner and the Consultant agree that all disputes between them. arising out of
or relating to this Agreement shall be submitted to nonbinding mediation
conducted in accordance with the Construction Industry Mediation Rules of the
American Arbitration Association currently in effect, unless the parties mutually
agree otherwise.
The Owner and the Consultant further agree to include a similar mediation
provision in all agreements with independent contractors and consultants retained
for the project and to require all independent contractors and consultants also to
include a similar mediation provision in all agreements with subcontractors, sub-
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consultants, suppliers or fabricators so retained, thereby providing for mediation
as the primary method for dispute resolution between the par6ies to those
agreements.
In the event of litigation between Owner and Consultant concerning the Project or
this Agreement, the prevailing party shall be entitled to recover its reasonable
attorney fees, costs, and expenses from the other party arising from such
litigation.
10. Severability: Any provision or part of the Agreement held to' be void or
unenforceable under any law or regulation shall be deemed stricken and all
remaining provisions shall continue to be valid and binding upon thie Owner and
the Consultant, who agree that the Agreement shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that
comes as close as possible to expressing the intention of the stricken provision.
11. Notices: Any notice required under this Agreement will be in writing, addressed
to the appropriate party at the address which appears on the signature page to this
Agreement (as modified in writing from time to time by such party) and given
personally, by registered or certified mail, return receipt requested, by facsimile or
by a nationally recognized overnight courier service. All noti~bes shall be
effective upon the date of receipt.
12. Successors and Assiens: The Owner and Consultant each is hereby bound and the
partners, successors, executors, administrators, legal representatives and assigns
of Owner and Consultant are hereby bound to the other party to this Agreement
and to the partners, successors, executors, administrators, legal representatives
and assigns of such other party in respect of all covenants and obligations of this
Agreement.
Neither the Owner nor the Consultant may assign, sublet, or trans~'er any rights
under or interest (including, but without limitation, moneys that are due or may
become due) in this Agreement without the written consent of the other, except to
the extent that any assignment, subletting or transfer is mandated by law or the
effect of this limitation may be restricted bylaw. Unless specifically stated to the
contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this Agreement.
Nothing in this Agreement shall be construed to create, impose or give rise to any
duty owed by the Consultant to any Contractor, subcontractor, srtpplier, other
person or entity, or to any surety for or employee of any of them, or give any
rights in or benefits under this Agreement to anyone other than the Owner and the
Consultant.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be
effective as of the date first above written.
OWNER: CONSULTANT:
Shafer, Kline and Warren, Inc.
Title /~~.br~°a Title:
-~
Address for giving notices:
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ARTICLE II--SCOPE OF SERVICES
CLIENT: City of Riverside, MO
FIRM NAME: Shafer, Kline & Warren, Inc.
PROJECT: Drainage study for 4915 Merrimac
Hours Cost
2 Office Work 20 20 ~ 2,400
3 Conceptual Plan $ 1,000
4 Correspondence w/ City 2 2 $ 240
5 QA/QC 1 1 $ 155
Hourly Rate 155 120
Cost Subtotal $ 155 $ 3,120 S 3,275 ~ 1,000
Expenses 5 50
Final Cost ~ 4,325
LJS =Larry Schall (Principal-in-Charge)
MVE =Matt Eblen (Project Manager)
FIELD WORK (Includes the following):
1. Verification of Drainage Area.
2. Drive time to and from site (mileage accounted for in expenses category).
3. Investigation of Downstream Impacts
OFFICE WORK (Includes the following):
1. Determine flowrates to the property based on current topography and land cover.
2. Develop alternative improvements to address stormwater at the site.
(Different pipe sizes at an assumed headwater depth of five (5) feet)
3. Create a report summarizing results and alternatives
(to be presented to the City, reproduction included in expenses category).
4. Conceptual Plan of improvements:
--One (1) 8.5 x 11 plan sheet
---One (1) 8.5 x 11 isometric view
ASSUMPTIONS:
--Five (5) feet of headwater depth will be available in the proposed case
(instead of the fifteen (15) feet that currently exists)
--Geotechnical investigation is NOT included.
--Utility investigation is NOT included.
--Exact elevations from survey crews are NOT included.
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