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HomeMy WebLinkAbout1614 Engineering Services Renaissance Infrastructure Consulting BILL NO.2018-041 ORDINANCE NO. /to 14/ AN ORDINANCE APPROVING AN AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF RIVERSIDE MISSOURI AND RENAISSANCE INFRASTRUCTURE CONSULTING FOR CITY ENGINEERING SERVICES WHEREAS, the City of Riverside Missouri (the "City")has determined that the City requires Engineering Services ("Services") for certain projects and that such Services are for a public purpose; and WHEREAS, Missouri law establishes a policy that selection of an engineering firm is to be based upon competence and qualification, followed by negotiation of fair and reasonable prices; and WHEREAS,the City received three(3) Proposals for Engineering services; and WHEREAS,Renaissance Infrastructure Consulting ("Renaissance"), a Missouri corporation registered in Missouri submitted a Proposal for Engineering services; and WHEREAS,the City Administrator, City Engineer and City Staff reviewed the proposals and selected Renaissance; and WHEREAS,an Agreement for Engineering Services(the"Agreement") ("Attachment 1"attached hereto and incorporated herein)was then prepared; and WHEREAS,the staff recommends to the Board the passage and approval of this Bill and Ordinance approving the Agreement; and WHEREAS,the AGREEMENT fulfills a public purpose,will further the growth of the City, facilitate the orderly development of the entire Horizons site, improve the environment of the City, foster increased economic activity within the City, increase employment opportunities within the City, enable the City to direct the development of the Horizons site, and otherwise are in the best interests of the City by furthering the health, safety, and welfare of its residents and taxpayers. NOW THEREFORE,BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,MISSOURI,AS FOLLOWS: SECTION 1.AGREEMENT APPROVED. It is in the best interest of the City, in order to further the objectives of industrial and economic development of the City, and to further the health, safety, and welfare of its residents, businesses and taxpayers to APPROVE the Agreement for Engineering Services (the "Agreement")("Attachment 1"attached hereto and incorporated herein). SECTION 2.AUTHORITY TO EXECUTE. The Mayor, City Administrator, City Attorney, Special Counsel to the City and all other required city officials are authorized to WA 11763871.1 BILL NO. 2018- Qq ORDINANCE NO. Ar/`1 execute the AGREEMENT authorized herein together with any and all documents necessary or incidental to the performance thereof and to take such other actions as may be deemed lawful, necessary and/or convenient to carry out and comply with the intent of this Ordinance. SECTION 3. SEVERABILITY CLAUSE. The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this ordinance. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMEMBERED that the above was PASSED AND APPROVED by a majority of the Board of Aldermen, and APPROVED by the Mayor of the City of Riverside, Missouri,this day of September,2018. O a een L. Rose, Mayor ATTEST: e Robin'K%jndaic� 01 ..Clerk Annroved as to form: cer Fane LLP ci unsel to the City By Joe Bednar 2 WA 11763871.1 Renaissance 5015 NW Canal St Suite 100 nfrastructure Riverside,MO 64150 P:816.800.0950 Consutting rio-consult.com LETTER OF AGREEMENT FOR PROFESSIONAL SERVICES August 29, 2018 City of Riverside, Missouri Attn: Travis Hoover, P.E. - City Engineer 2950 N.W. Vivion Road Riverside, MO 64150 Re: AGREEMENT FOR PROFESSIONAL SERVICES For Engineering and Consulting services for Public Improvements and Plans Associated with the DoorLink Manufacturing Development in the Southwest corner of 418t and Mattox Road in Riverside, Missouri Dear Mr. Hoover, It is our understanding that City of Riverside, Missouri ("Client") requests Renaissance Infrastructure Consulting ("RIC") to perform the following services pursuant to the terms of this Letter of Agreement(hereinafter referred to as the "Agreement"). 1. RIC has reviewed the information provided by Client relative to the Project and based upon such information offers to provide the services described below for the project. 2. RIC shall provide Client surveying, engineering, landscape architecture and consulting as more specifically described in Exhibit A attached hereto. Should Client request work not described and included in the above Description of Services, such as Additional Services, Consultant shall provide the client with a written scope and fee proposal for these services. RIC shall not commence work on Additional Services without Client's prior approval in writing. RIC agrees to provide its services, in accordance with applicable standards of care, for projects of similar geographic location,quality and scope as defined in Exhibit B, Standard Terms and Conditions of Contract. SCHEDULE FOR CONSULTANT'S SERVICES 3. Unless otherwise agreed, RIC would expect to begin performing its services under this Agreement promptly upon your signing and complete the Scope of Services in accordance with a mutually agreed schedule thereafter, exclusive of delays beyond RIC's control. COMPENSATION 4. Compensation for RIC's services shall be a Lump Sum fixed fee plus reimbursement for direct project expenses more particularly described in Exhibit A attached hereto. RIC will invoice monthly based upon a percentage of completed work. Riverside,Missouri I Kansas City,Kansas I Leavenworth,Kansas I Kansas City,Missouri Page 1 of 10 Renaissance 5015 NW Canal St Suite 100 infrastructure Riverside,M064150 P:816.800.0950 Consulting ric-consu8.com These financial arrangements are proposed with the assumption RIC's bills will be paid promptly and the project will progress orderly and continuously. Client agrees to pay RIC the amounts due for services rendered and expenses incurred pursuant to the terms of this Agreement within thirty (30)days after RIC has provided its invoice for such services. In the event Client disputes any invoice item, Client shall give RIC written notice of such disputed item within five (5) days after receipt of such invoice and shall pay to RIC the undisputed portion of the invoice according to the provisions hereof. If Client fails to pay any invoiced amounts within thirty(30)days of due date, interest will accrue on each unpaid amount at the rate of one and one-half percent (1.5%) per month from the date due until paid according to the provisions of this Agreement. Interest shall not be charged on any disputed invoice item which is finally resolved in Client's favor. Payment of interest shall not excuse or cure any default or delay in payment of amounts due. TERMS AND CONDITIONS OF SERVICE 5. Limitation of Liability: In recognition of the relative risks and benefits of the Project to both the Client and RIC,the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of RIC and RIC's officers, directors, partners, employees, shareholder, owners and RIC's subconsultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of RIC and RIC's officers, directors, partners, employees, shareholders, owners and RIC's subconsultants shall not exceed One Million Dollars ($1,000,000) or twice RIC's fee for services, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. See Exhibit B, Standard Terms and Conditions of Contract,for further General Provisions. 6. The Agreement represents the entire understanding between Client and RIC with respect to the Project and may only be modified in writing signed by both parties. 7. If this proposal satisfactorily sets forth your understanding of our agreement, please sign the Letter Agreement in the space provided (indicating Client's designated Project representative If different from the party signing the Agreement). Retain a copy for your files and return an executed original to RIC. This proposal will be open for acceptance for a period of thirty days from the date set forth above, unless changed by us in writing. 8. By signing below, you acknowledge that you have full authority to bind Client to this agreement. Riverside,Missouri I Kansas City,Kansas I Leavenworth,Kansas ( Kansas City,Missouri Page 2 of 10 Renaissance 5015 NW Canal St Suite 100 nfrastructure Riverside,MO 64150 P:816.800.0950 Consulting dcconsuft.com RENAISSANCE INFRASTRUCTURE CONSULTING (RIC) By Chip Corcoran, P.E., LEED AP Title President If you are in agreement with the preceding proposal, please have an authorized member of Client sign below: CITY OF RIVERSIDE, MISSOURI Title u A.Q' Dated: l • g If different from above, 12aUi s 0oa%/09 .C � Cxatneey2 . Client's Designated Project R presuntati Riverside,Missouri I Kansas City,Kansas I Leavenworth,Kansas I Kansas City,Missouri Page 3 of 10 Renaissance 5015 NW Canal St Suite 100 Infrastructure Riverside,MO 64150 P:816.800.0950 Consulting dc-consult.com EXHIBIT W TO PROPOSED LETTER OF AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CLIENT AND RIC DATED AUGUST 29,2018 DESCRIPTION OF BASIC PROFESSIONAL SERVICES AND RELATED MATTERS This is an exhibit attached to and made a part of the Proposed Letter Agreement for Professional Services dated August 29, 2018 between City of Riverside, Missouri (Client) and Renaissance Infrastructure Consulting (RIC) providing for professional land surveying, civil engineering, landscape architecture and consulting services for public street,storm and sanitary improvements associated with the DoorLink Manufacturing development in the Southwest corner of 4181 Street and Mattox in Riverside, Missouri. PHASE 100 Task 101: ALTA Survey with Towaraphy RIC will provide a Basic ALTA Survey for the above referenced property in accordance with 2016 minimum standard detail requirements for ALTA Land Title Surveys. The survey requirements will include ALTA Table A items 1, 2, 3, 4, 5, 6a, 7a, 8, 9, 11, 13, 14, 16, 19, and 20. Signed and digital copies of the survey will be provided to the client upon completion of the survey. This survey will include on-site and off-site topographic survey sufficient for site infrastructure design. Fee: $4,400 Task 102: Concept Plannina RIC will work with the Client to develop up a conceptual site plan based on client's needs. RIC will schedule and attend a pre-application meeting with the City and the Client to introduce the project, identify special requirements and establish a project schedule. Fee$750 Task 103: Easements and Leaal Descriptions Various easements may be required throughout the project development process for utilities, public and private easements and land transactions. RIC's licensed land surveyor will prepare legal descriptions and exhibits for easements and other requirements as needed required for the project. Fee: $1,400 Task 104: Stormwater Report RIC will prepare a stormwater study for submittal to the City outlining the proposed stormwater conveyance system and verification that the proposed plan does not create adverse impacts to adjacent properties. In addition, this study will examine and recommend stormwater detention requirements consistent with City Code. This study is required for approval of the Site Plan. Fee: $5,000 Riverside,Missouri I Kansas City,Kansas I Leavenworth,Kansas I Kansas City,Missouri Page 4 of 10 Renaissance 5015 NW Canal St Suite 100 infrastructure Riverside,MO 64150 t44 P:816.800.0950 Consulting ric-consult.com Task 105: Land Disturbance Plan and Permit RIC will prepare the land disturbance plan, an NOI and a stormwater pollution prevention plan (SWPPP) for this phase of the development. RIC will assist in submission to MDNR and the City as required. Fee: $750 Task 106: Final Plat The City will require that the property be platted to allow for subdivision or sale and for dedication of public rights of way and easements. A single plat will be prepared in accordance with requirements of the governing municipality. RIC will assist in coordinating the recording of the Final Plat with the County. Fee includes assistance with preparation of applications to support for processing the Final Plat though Planning Commission and City Council, and attendance at both meetings. Fee: $3,000 PHASE 200 Task 201: Public Street and Storm Improvement Plans RIC will prepare public improvement plans for construction of 3100 L.F. of public storm sewer and street modifications required for the project including necessary pavement markings and signage. RIC will prepare and submit the required application materials and plans in accordance with City requirements for a public improvement permit. RIC will also assist in the public bidding project. Included with this task, RIC will locate the proposed streetlights for use by KCPL in their design. Also included will be project asbuilts for the City's records. Fee: $85,600 Task 202: Public Sanitary Sewer Improvement Plans RIC will prepare construction plans for the construction of 2800 L.F. of public sanitary sewer main extension associated with this project. RIC will also assist in the public bidding process. This task includes coordination with Kansas City Water Services to obtain approval of the main extension plans. Also included will be project asbuilts for the City's records. Fee: $27,800 Task 203: Protect Manual/Specifications RIC will prepare specifications and provide necessary documents for including in the Project Manual. Fee: $Included PHASE 300 Task 301: Construction Administration RIC will provide construction administration services to review shop drawings and submittals to assist the client with contractor requests for information and attend construction progress meetings. Services include preparation and attendance at pre- Riverside,Missouri I Kansas City,Kansas I Leavenworth,Kansas I Kansas City,Missouri Page 5 of 10 Renaissance 5015 NW Canal St Suite 100 infrastructure Riverside,MO 64150 P:816.800.0950 Consulting dc-consuft.com construction, construction progress meetings, and post construction inspections and punch list activities. These services are currently proposed at RIC's hourly rates. At the conclusion of the construction document phase and once a construction schedule is set established, RIC can provide an estimated budget for construction administration. Fee: Hourly Task 302: Construction Stakina RIC's survey crews maintain state of the art equipment for providing construction staking services. RIC will provide construction staking services at standard hourly rates for crew land surveyor, survey technician and crew time. At the conclusion of the construction document phase and once a construction schedule is set established, RIC can provide an estimated budget for construction staking. Fee: Hourly Direct Expenses: Including mileage, printing, long distance, ovemight delivery services, and duplication. These expenses will be billed on project percent complete basis. Fee: $300 Project Assumptions: We have made several assumptions in the preparation of this proposal. These assumptions and subsequent explanations are as follows: • The property is zoned properly for the proposed use and a preliminary plat for the development has been previously approved by the City. • Any available construction details as well as prior approvable plans for similar facilities that the Client has in its possession will be provided to RIC. • It is RIC's understanding that coordination with Missouri American Water will be included with this proposal for the extension of a new water main for the proposed project. Exclusions: The following items, in addition to any items not specifically listed above are not included in this proposal but can be provided under a supplemental agreement: • Final Development Plan* • Civil Site Plans* • Public Water Plans* • Public Lighting Plans* • Preliminary Plat* • FAA 7460-1* • CLOMR-F/LOMR-F* • Rezoning Plans* • Corps of Engineers 401 Permitting* • Preliminary Development Plans* • Color Renderings* • SWPPP Inspections** • Parking Lot/Site Lighting** Riverside,Missouri I Kansas city,Kansas I Leavenworth,Kansas Kansas City,Missouri Page 6 of 10 Renaissance 5015 NW Canal St Suite 100 Infrastructure Riverside,MO 64150 P:816.800.0950 Consulting ric-consuft.com • Pavement Design** • Traffic Study** • Environmental Studies** • Structural Engineering for Retaining Walls (anticipate modular block/design build will be utilized if retaining walls are required) ** • Architectural, MEP and Structural Engineering** • Environmental and Asbestos Reports** • Entry Monuments and/or Water Feature Design** • Irrigation Design**(RIC will specify this as a design build service and review plans and shop drawings for desired requirements). • Submittal Fees *RIC is qualified and capable of providing these services if requested by Client. These items are not included in this proposal at this time because the scope is indeterminate, or they are not anticipated to be required during the planning, design and permitting stage of project. **RIC understands that these services are to be provided by or coordinated by others. RIC's services include coordinating its scope of work with all work required for the project. Riverside,Missouri I Kansas City,Kansas I Leavenworth,Kansas I Kansas City,Missouri Page 7 of 10 Renaissance 5015 NW Canal St Suite 100 Infrastructure Riverside,MO 64150 P:816.800.0950 Consulting ricconsuh.com EXHIBIT'S' TO PROPOSED LETTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CLIENT AND RIC DATED AUGUST 29.2018 STANDARD TERMS AND CONDITIONS OF CONTRACT 1. RIGHT of ENTRY The Client will provide for right of entry for RIC in order to complete the work. While RIC will take all reasonable precautions to minimize any damage to the property, it is understood by Client that in the normal course of work some damage may occur the correction of which is not part of this agreement 2. CONSTRUCTION SITE OBSERVATION At construction sites,the presence of RIC field representatives will be for the purpose of providing observation of only the work with which RIC has agreed to be involved. Opinion of RIC as to the contractor's adherence to plans and specifications will be reported. Our work does not include supervision or direction of the actual work of the contractor, his employees or agents. The Contractor should also be informed that neither the presence of our field representative nor the observation by our firm shall excuse him in any way for defects discovered in his work, it is understood that our firm will not be responsible forjob or site safety while on this project. Job and site safety will be the sole responsibility of the contractor. 3. INVOICES RIC will submit invoices to the Client monthly and a final bill upon completion of services. Payment is due upon presentation of invoice and is past due thirty(30)days from each invoice date. Client agrees to pay a finance charge of one and one-half percent (1.5%) per month, or the maximum rate allowed by law, on past due accounts. 4. OWNERSHIP of DOCUMENTS All reports, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by RIC as instruments of service shall remain the property of RIC. Client agrees that all reports and other work furnished to the Client or his agents, which are not paid for will be returned upon demand and will not be used by the Client for any purpose whatsoever. 5. STANDARD of CARE Service performed by RIC under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty, express or implied, is made. S. LIMITATION of LIABILITY The Client agrees to limit RIC liability to the Client and all construction contractors and subcontractors on the project arising from RIC professional acts, errors, or omissions, such that the total aggregate liability of RIC to all those named shall not exceed One Million Dollars ($1,000,000) or twice RIC's fee for services, whichever is greater. The Client further agrees to require of the contractor and his subcontractors an identical limitation of RIC liability for damages suffered by the contractor or subcontractor arising from RIC professional acts, errors or omissions. Neither the contractor nor any of his subcontractors assumes any liability for damages to others,which may arise on account of RIC professional acts, errors or omissions Riverside,Missouri I Kansas City,Kansas I Leavenworth,Kansas I Kansas City,Missouri Page 8 of 10 Renaissance 5015 NW Canal St Suite 100 infrastructure Riverside,MO 64150 P:816.800.0950 Consulting rio-consult.com 7. INSURANCE and INDEMNIFICATION RIC represents and warrants that it and its agents, staff and consultants employed by it are protected by worker's compensation insurance and that RIC has such coverage under public liability and property damage insurance policies which RIC deems adequate. Certificates for all such policies of insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance, RIC agrees to indemnify and hold Client harmless from and against any loss, damage, or liability arising from any negligent acts by RIC, its agents, staff, and consultants employed by it. RIC shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance. 8. ASSIGNMENT Neither the Client nor RIC may delegate, assign, sublet or transfer duties or interest in this Agreement without the written consent of the other party. 9. TERMINATION This Agreement maybe terminated by either party upon ten (10) days written notice in the event of substantial failure by the other part to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, RIC shall be paid for services performed to the termination notice date plus reasonable termination expenses. 10. PRECEDENCE These Provisions and Agreement supersede all prior agreements and understanding and may be changed only by written amendment signed by both parties. 11. REIMBURSABLE EXPENSES Reimbursable Expenses are in addition to the Design Fee and shall be billed to the Client at 1.1 times our direct cost or a lump sum allowance as described in Exhibit A. Reimbursable expenses shall include but not be limited to all shipping and mailing cost, courier services,travel, long distance telephone and facsimiles, supplies, printing and photographic reproduction. 12.ATTORNEY'S FEES and EXPENSES The Client agrees to reimburse RIC for all attorney's or collection agency fees, expenses, and court cost incurred to collect any amount due under this Contract. 13.ADDITIONAL SERVICES Any work required in addition to that detailed in this Contract will be billed on an hourly basis according to our then current rates or a negotiated lump sum fee. Extra work will include, but not limited to: Changes in the Scope of Services; Changes made in response to program changes; Changes due to revision of site/base information provided by others; Changes due to error of contractor during construction; and Design modifications requested by the Client subsequent to prior approval. 14. HOURLY RATES Our hourly rates are as follows: Professional Engineer $135.00 Design Engineer $ 98.00 Licensed Land Surveyor $120.00 Field Technician $ 78.00 Design Technician $ 87.00 Survey Crew $125.00 Landscape Architect $122.00 Clerical $ 55.00 15. SCHEDULE RIC shall perform its services as expeditiously as is consistent with professional skill and care and the orderly progress of the Project, but not subject to any firm schedule or completion date unless expressly outlined in the contract documents. Riverside,Missouri I Kansas City,Kansas I Leavenworth,Kansas I Kansas City,Missouri Page 9 of 10 Renaissance 5015 NW Canal St Suite 100 Infrastructure Riverside,MO 64150 P:816.800.0950 CO nsu tti ng de-consull.com The Client acknowledges that Client-directed changes, unforeseen conditions, and other delays may affect the completion of the Design services. Client waives any and all claims for consequential, incidental, and business interruption damages directly or indirectly related to the timeliness of the commencement, undertaking, and completion of Design services. In no event shall RIC have control over or responsibility for any contractor's or vendor's performance schedule. Riverside,Missouri I Kansas City,Kansas I Leavenworth,Kansas I Kansas City,Missouri Page 10 of 10