HomeMy WebLinkAbout2006-033 - Agreement with Cook, Flatt & Strobel for Consulting Servicesf ~
BILL NO.2006-33
ORDINANCE NO.2006-33
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 COOK, FLATT, & STROBEL ENGINEERS FOR
CONSULTING SERVICES
WHEREAS, Cook, Flatt, & Strobel Engineers is in the business of providing professional services,
including but not limited to Consulting services (the "Services"); and
WHEREAS, the City of Riverside, Missouri (the "City") has determined that the City requires the
Services for certain public improvement projects, and that such Services aze for a public purpose, and the
City desires to retain Cook, Flatt, & Strobel Engineers to provide such Services; and
WHEREAS, the City has negotiated with Cook, Flatt, & Strobel Engineers and the City and Cook,
Flatt, & Strobel Engineers have reached an agreement (the "Agreement") 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 Cook, Flatt, & Strobel Engineers, whereby Cook, Flatt & Strobel
Engineers will provide Services specified in the Agreement, and as consideration for such Services the City
shall pay fees described in the Agreement.
Section 2. The Mayor Pro Tem and the City Clerk are authorized and directed to execute the
Agreement, execution of such document being conclusive proof of such approval. The Mayor Pro Tem, 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 3. The sections, paragraphs, clauses, and phrases of the Ordinance are severable and if
any portion of the Ordinance is declared unlawful by the valid judgment, decree, or injunction order of a
court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, and sections of the Ordinance and all provisions of the Ordinance not specifically declared to be
unlawful shall remain in full force and effect.
Section 4. This ordinance shall take effect immediately.
Passed thin ~ day of March, 2006.
~"I' :=
A~T~~
_._
tty Clerk
~,~ S
May r Pro Tem
® Cook, Flatt & Strobel
ENGINEERS , P . A .
1229 Ward Pazkway. Suite I10
Kansas City. Missouri 64114
(816) 333=4477
(816) 733-6688 Fax
www.cfse:com
Other Offices:
Topeka, Kansas
Wichita, Kansas
Apri16, 2006
Ms. David Blackburn
City Administrator
Ciry of Riverside
2950 NW Vivion Road
Riverside, Missouri 64150
Re: Riverside Horizons Project
Riverside, MO
Dear Mr. Blackburn:
We propose ro furnish professional engineering services in connection with the
Riverside Horizon Project (hereinafter called the "project").
Our services will consist of professional engineering services as set forth in the
printed General Provisions as amended consisting of two pages and supplemented in
Exhibit A consisting of one-page thereto, both of which are attached to this letter,
and such additional services as-you may request.
Fees for our services are as follows:
^ Project Management ........................:........:..................................$19>000.00
^ Traffic Analysis .................................................:.:..........................$4,160.00
^ Preliminary Design Quality Assurance :.......:.: ..............................$14,342.00
^ Total lump sum foe of .............................:.......................$37,502.00
]ohn O. Bayless, P.E.
Chairman
Additional or noncustomary services will be negotiated as required. Payments will e
Kenneth M. Blair. P.E. made monthly based on progress invoices ,prepared b}' CFS.
President
Melvin D. Chapman, P.E. CFS will begin services promptly after the receipt of your acceptance of this proposal.
Yce Presiden[
Wayne Westerman, P.E. If there are protracted delays exceeding one year for reasons beyond our control, we
tree President-Secretary would expect to renegotiate with you the basis for our compensation in order to take
Robert s. chambers, P.E. into consideration changes in price indices and pay scales applicable. to the period
Vice President-Treasurer when servicesare in fact being rendered.
Douglas W. Flatt, P.E.
Consultant
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' Clry of Riverside
Mr. David Blackburn
April G, 2006
Page 2 of 5
Services rendered in the customary phases which, together with the general understandings
applicable to our relationship, ace set forth in the printed General Provisions and Exhibit A thereto,
which are attached to and 'made a part of this proposal. and may only be modified in writing signed
by both parties. Your responsibilities are ser forth in the General Provisions. Provided this proposal
is satisfactory, please sign the enclosed copy. and return to our'offtce.
The opportunity to provide. this service to City of Riverside is appreciated.
Respectfully,
Cook Flatt & Strobel Engineers, P.A.
~'~~.~
John G. Bayless, P.E.
Chairman
Accepted this f /~ day of L - , 2001p
Ciry of Riverside
/r~.~-
Signature of O cer or Authorized Agent
Raymond D, Beard, Mayor Pro Tem
Print Name/Title of Officer or Authorized Agent
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Exhibit A to GENERAL PROVISIONS attached to LETTER
AGREEMENT BETWEEN OWNER and ENGINEER for
PROFESSIONAL SERVICES, April 6, 2006
FURTHER DESCRIPTIONS OF BASIC ENGINEERING SERVICES AND RELATED MATTERS:
This is an exhibit attached to and made part of the General Provisions attached to Letter Agreement dated
April 6, 2006, between City of Riverside (OWNER) and Cook, Flatt & Strobel, Engineers, P.A.
(ENGINEER) providing for professional engineering services. The basic services of ENGINEER as
described in Section 1 of the said General Provisions are amended or supplemented as indicated below and
the time periods for the performance of certain services as indicated in said General Provisions are stipulated
as indicated below.
ENGINEER shall perform and limit his work to the following:
A. Project Management (Project Management, Weekly Meetings, Coordination Administration, Federal
Funding Coordination w/ MoDOT)
B. Traffic Analysis (VE Assessment of Traffic Study, Meetings with MoDOT)
C. Preliminary Design Quality Assurance (Develop alternative practical design concepts, VE Preliminary
Design Plans, Meetings with MoDOT)
OWNER is responsible for providing the following:
A.
Scope does not specifically include:
A. Construction Management Inspection
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GENERAL PROVISIONS
Attached to and made a parr of LETTER AGREEMENT dared April 6,
2006, between Ciry of Riverside (OWNER) and Cook, Flan & Strobel
Engineers P.A. (ENGINEER) in respect of the Project described therein.
1.1 General
l.l.l ENGINEER shall perform professional rcrvica ar stated in Appendix A
which include customary civil, structural, mechanical and electtkxl
engin«ring rervica and cusromary architectural rcrvicea incidennl thereto.
SECTION 2 -ADDITIONAL SERVICES OF ENGINEER
2.1 Normal and customary engineering services do not include services in
respect of the following cazegoria of work, which arc usually rckrred ro u
Additional Servi«s. If OWNER wishes ENGINEER m perform any Additional
Servi«s, he shall ro intrutt ENGINEER in writing, and ENGINEER will be paid
therefore ar provided in the Letter Agreement. Additional Services include:
- Prcparazion of applicazion and supporting documenu for governmental
financial support of the project; and preparation or review of environmentl
stadia and related services.
- Servi«: ro make meuurcd drawings of or ro invetigate «iscing condition
or fxilities.
- Servi«s resulting from significant changes in the exrcnt of the Project or
major changes in documenntion previously ac«prcd by OWNER where
changes are due ro cause beyond ENGINEER': control.
- Providing renderings or models.
- Preparing documents for alternate bids requested by OWNER for work
which is not executed, or for out-of-sequence work.
- DetaBed conidention of operation, mainrcnan« and overhead expenses;
and the preparatan of ra[e schedule, earnings and expense snrcmenta, cash
flow and economic evaluation, feasibility stadia, appraisals and valuation.
- Furnishing the rcrvices of special conultants.
- Sem«s resulting from the award of more than one prime contrut for
conatrottion, materials, equipment or aervi«s for the Project, or from the
construction contrxc containing cost-plus or in«ntive-savings provision
for Contractor s baric compensation, or from arnrtging for petforrnan« by
persons other than the principal prime contactors or from administering
OWNER'a contrxts for such services.
- Services in connection with field surveys for deign purposes and engineering
surveys and staking out the work of Contruror(s).
- Servi«: in connection with change order to rcfiect changes rcquesrcd by
OWNER, evaluating substitution proposed by Contrxror(a) after award,
and urvit:a molting from mamtial, equipment or energy shortages.
- Servi«s during out-of-mwn travel ocher than visits m the site.
- Preparing for OWNER on rcquat, a set of reproducible record prince based
on den furnished by Contrattor(s).
- Additional or exrcnded services during corratruction made ncceasary by (1)
work damaged by fire or other muse during contraction, (2) a significant
amount of defecrive or neglected work of Contractor(s), (3) prolongazion of
contract rime, (4) Contractor(s)' overtime work, and (5) Contrxror(s)'
defaults.
- Prepare[ion of operating and mainrctnn« manuals; exrenive aais[an« in
utilization or startup; and training OWNER': personnel.
- Servi«: esker completion of the Contraction Phase.
- Prepazing to serve or rerving ar a conultant or witness in any legal or
administrative proceeding or public hearing.
- Providing urvices normally famished by OWNER
2.2 if dte parries agree, ENGINEER shall provide resident Project
repmenntion under ENGINEER': supervisan which will be paid for by OWNER
ar indicated in Exhibit A "Further Description of Basic Engineering Services and
Related Mattes" and which will be intended ro assist ENGINEER in observing
performance of Contractor(s)' work, but will not inwlve ENGINEER in the
contruttion means, methods, techniques, sequences or pro«durcc or asfery
precautions or prognma nor provide ro OWNER any guarant« by ENGINEER of
the aocurary, qualiry or timeliness of Contactor(a)' performance.
~RCTION 3 -OWNER'S RESPONSIBILITIES
3.1 OWNER shall provide all criteria and full information as ro OWNER'S
requirements for the Projecr; designate a person ro act with authority on
OWNER'a behalf in mpett of all arpects of the project; examine and respond
prompdy ro ENGINEER'a aubmiuion; and give prompt writrcn noti« to
ENGINEER whenever he obeerva or otherwise becmmea aware of any dekct in the
woork.
3.2 OWNER shall also do the following and pay all coca incident thereto:
Ftunish ro ENGINEER core borings, probing: and substrrface explorations,
hydrognphic surveys, hdwnrory rcrs and inspections of samples, mazerials
and equipment and simile data; appropriate prokssiotul inrerprcntiona of
all of the foregoing, environmental araessment and impxt snrcments;
property, bowdary. tatement, right-of--way, topographic and utiliry surveys;
propdcry description; caning and deed restrictions; all of which
ENGINEER may rely upon in performing his rcrvi«s.
Guarantee ac«u ro and make all provision for ENGINEER ro enter upon
public and private property.
Provide such legal. aaouncing, independent cost estimating and inunn«
counseling services as may be required for the Projett, any auditing urvi«
required in mpett of Contracor(s); applirrtion for payment, and any
inapaYion Servi«s m determine if Contractor(s) arc performing the work
legally.
Provide field control surveys and fix rckrcnce points and base lines.
Fumiah approvals and permits from all govemmennl authorities having
jurisdiction over the Projett.
3.3 OWNER shall pay all costs incident ro obtaining bids or proposals
from Contractor(s).
SECTION 4 MISGELL-ANEOUS
4.1 Retue of Doctrmenu.
All documents includutg Drawings and Specification, prepared by ENGINEER
ptuauant to this Agreement arc intnunents of urvi« in respect of the Project.
Thry are not intended or represented ro be suitable for muse by OWNER or others
on ertrcnan of the Project or on arty odor project. My reuse without writmn
verification or adapntion by ENGINEER for the specific purpoxs inrcnded will be
OWNER': role risk and without liability or legal exposure to ENGINEER; and
OWNER shall indemnify and hold harmlew ENGINEER from all claims,
damage, losaa, and apensa including aromeya' ke arising out of or resulting
therefrom. My attch verif~carion or adaptation will entitle ENG[NEER to further
compensation az rams ro be agreed upon by OWNER and ENGINEER
4.2 Oplniom of Cost.
Sin« ENGINEER his no control over the cost of labor, rnarerials, equipment or
rcrvi«s famished by other, or over the Contractor(s)' methods of dercrmining
pri«a, or over compaitive bidding or mazket condition, his opinion of probable
Project Cost and Contmcrion Cost provided for herein arc to be made on the basis
of his experien« and qualificarion and represent his bear judgement ar an
experienced and qualified prokaaional engin«r, familiar with the contraction
indntry, bur ENGINEER cannot and dos trot guarantee that proposals, bids or
actual Project or Conrmctan Coat will not vary from opinion of probable cost
prepared by him If prior to the Bidding or Negotiating Phan OWNER wishe
grearcr arsuran« ar to Project or Contraction Cost he shall employ an
independent cost eatitnaror ar provided in paragraph 3.2. Engineering Servi«s [o
modify the Contrxt Documents ro bring he Construction Cost within any
limintion established by OWNER will be conidercd Additional Services and paid
for ar Seth by OWNER
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4.3 Lnu Payment
If OWNER fails co make any payment due ENGINEER for rcrvi«a and expense
within sixty days afar receipt of ENGINEER's bill durcforc, the amounrs due
ENGINEER shall include a charge u the rare of 1% per month from said abttieh
day, and in addition, ENGINEER may, after giving seven days' written noti« ro
OWNER, suspend utvi«s under this Agreement until he has ban paid in full all
amounts due him for services and etcpense.
4.4 Termination
The obligatron ro provide further rcrn«s under this Agreement maybe terminated
by either party upon seven days' written noti« in the event of substantial failure by
the other party to perform in accordance with the umrs hereof through tto fault of
the rerminazing party. In the event of urmination, ENGINEER will be paid for all
servi«s rendered ro the dart of rersnination, all Reimbursable Expenses and
tetminatron expense.
4.6.5 By written ~naent aigtud by all the partie ro this Agreement and
conniving a specific rckrcn« herero, the 1'unintions and reamctiona contained in
paragraph 4.6.3 and 4.6.4 maybe waived in whole or in pan as ro arty claim.
counrcrclaim, d'rspuu or other matter speciftally described in such consent.
4.7 Limitation of Liability
4.7.1 In recognition of the relative risks, rewuds and benefits of the project co
both the OWNER and the ENGINEER, the risks have been allocated such that
the OWNER agrees thaz, ro the fullest extent permitred by law, the
ENGINEER'a roal liability ro the OWNER for any and all injurie. claims,
losses, expetraea, damage or claimed expense azising out of this agreement from
any cause or causes, shall not exceed the anted ke in the proposal. Such cause
include, btu arc not limiud ro, the ENGINEER's negligen«, errors, omusiom,
strict liability, and breuh of contract or breach of warranty.
4.5 Succesor and Aura.
4.5.1 OWNER and ENGINEER each binds himself and hu partners,
successors, arecutors, adminiattarors, aasigtu and 1eBd rcprcrcnntive ro the other
part of the Agreement and ro the partners, atrcweon, atecttron, administraron.
assigns, and legal rcprercnntive of such other party, in respect to all covenants.
agr«menrs and obligttiom of this Agreement.
4.5.2 Neither OWNER nor ENGINEER shall assign. sublet or transfer any
rights under or interest in (including, but without limiation, moneys that may
become due or moneys that arc due) this Agreement without the written consent
of the other, except as snted in paragraph 4.5.1 and euxpt ro the a:ant that the
effect of thu limitation may be rcnricud bylaw. Unleu aptcificaily stated ro the
wntrary in any written consent ro an assignment, ro auignmenc will release or
discharge the assignor from any dory or repomibiliry under this Agreement.
Nodting contained in this paragraph shall prevent ENGINEER from employing
such independent comultantt, associate and subcontractor, as he may deem
appropriate ro aasis[ him in the performan« of rcrvice hereunder.
4.5.3 Nothing herein shall be wnatrued to give any righu or Benefits
hereunder to anyone other than OWNER and ENG[NEER.
4.6 Arbitration
4.6.1 All claims, wunterclaims, disputes and oche matan in question
between the parties hereto arising out of or rcluing ro the Agreement or the
breach thtttof will be decided by arbitration in accordan« with the
Construction Industry prbitncion Rules of [he Ameticatt prbitniton Association
then obtaining, subject ro the limintans and restrictions anted in paragraphs
4.G.3 and 4.6.4 below. This agreement m ro arbitrate and any other agreetnen[
or consent to arbitrate enured into in accordance herewith u Provided in this
patagnph 4.6 will be specifically enforceable under the prevailing arbitration law
of any court having jurisdiction.
4.6.2 Noti« of demand for azbittarion must be filed in writing with the other
parties ro this Agreement and with the American Arbitration Associaton. The
demand moat be made within a reasonable time afar the claim, dispurc or other
maser in question har arisen. In no event may the demand for arbitration be
made esker inscinrtion of legal or equitable proceedings bated on such claun,
dispurc or other matter in quetion would be barred by the applidble smut of
limintions.
4.6.3 All demands for arbimtion and all answering aptementt therc[o which
include any monetary claim must contain a antement that the total sum or value
in wn[roverty ar alleged by the part making such demand or answering
statement u not more than $200,000 (for anthoriu rotwmider,rsor make
azbitnrors will not have jurisdiction, powe ty
findings (ex«pt in denial of their own jurisdiction) ~n«rning any claim.
counrerclaim, dispute or other trotter in gtuatan where the amount in
controversy thereof u more than 5200.000 (exclusive of intercswhich ronla more
render a monetary awazd in rcaponu thercro against anY Pant
than $200,000 (exclusive of interest and roars).
4.6.4 No azbitntion azuing out of, or relating ro, this Agreement tray
include, by consolidarion, joinder or in any other manner, any person or entity
who is not a parry co thu Agreement.
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4.3 Lott Payment
IF OWNER fails to nuke any payment due ENGINEER for ttrvices and «penrcs
within sixty days afar receipt of ENGINEER'S bill therefore, the amounts due
ENGINEER shall include a charge at the tare of 1% per month from said shrtieth
day, and in addition, ENGINEER may, afrcr giving seven days' written notice ro
OWNER, suspend services under this Agreement until he has been paid in full all
amounn due him for services and expenses.
4.4 Termination
The obligation ro provide further services under this Agreement may be terminated
by either parry upon seven days' written notice in the event of aubatantial failure by
the other parry to perform in accordance with the terms hereof through no fardt of
the ttrminating parry. In the event of cermination, ENGINEER will be paid for all
services rendered ro the daft of rcrmination, all Reimbursable Expenses and
termination «penses.
4.5 Successor and Assigns.
4.5.1 OWNER and ENGINEER each binds himself and his pattnen,
successors, executors, administnron, assigns and legal representatives ro the other
part of the Agreement and to the parmers, succeaaon, execuron, administnrora,
azsigm, and legal rcprcsenntives of such other party, in respect to all covenants,
agreements and obligations of this Agrament.
4.5.2 Neither OWNER nor ENGINEER shall assign, subla or trans&r any
righn under or inrcrcat in (including, but without limiution, montys that may
become due or moneys that arc due) this Agreement without the written consent
of the other, except az anted in paragraph 4.5.1 and except to the «tent that the
effect of this limintion maybe restricted bylaw. Unleaa specifically stated to the
contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any dory or responsibility under this Agreement.
Nothing contained in thu paragraph shall prevent ENGINEER from employing
such independent comultants, associates and subcontractor, u he may deem
appropriate ro assist him in the perfomnrrce of services hereunder.
4.5.3 Nothing herein shall be construed to give any rights or Benefits
hereunder ro anyone other dun OWNER and ENGINEER
4.6 Arbitration
4.6.1 All claims, counterclaims, disputes and other matters in question
between the patties hereto arising out of or relating to the Agreement or the
breach thereof will be decided by arbirmtion in accordance with the
Constmaion Industry Arbitration Rules of the American Arbitration Associaton
then obtaining, subject ro the limitations and restrictions stared in paragraphs
4.6.3 and 4.6.4 below. This agreement so to azbittate and arty other agreement
or consent to arbitrate entered into in accordance herewith az provided in this
paragraph 4.6 will be specifically enforceable under the prevailing arbitration law
of any court having jurisdiction.
4.6.2 Notice of demand for arbitration must be filed in writing with the other
patties ro this Agreement and with the Ameriran Arbitration Association. The
demand must be made within a reasotuble time after the claim, dispute or other
matter m question has arisen. In no event may the demand For arbitration be
made a&er institution of legal or equinble proceedings based on such claun,
d'upure or other matcer in question would be barred by the applicable sntue of
limitazions.
4.6.3 All demands for arbitration and all answering sntetnenn therero which
include any monetary claim must contain a statement that the mnl sum or value
in controversy az alleged by the part nuking such demand or answering
sntemem is not more than $200,000 («clusive of incereat and cosn). The
arbitnrors will not have jurisdiction, power or authority ro comider, or make
findings («cept in denial of their own jurisdiction) concerning any claim,
wunterclaim, dispute or other matter in question where the amount in
controverry thereof is more than $200,000 (exclusive of inttrest and costs) or ro
render a monetary award in response thereto against any parry which totals more
than $200,000 (exclusive of interest and costs).
4.6.4 No arbitration arising out of, or relating ro, this Agreement may
include, by mnrolidation, joinder or in any other manner, any person or entity
who is not a patty ro this Agreement.
4.6.5 ey wriarn wnsent signed by aB the patties ro this Agreement and
containing a specific rekrcnce herero, the limitations and rettriaions contacted in
patagnph 4.6.3 and 4.6.4 may be waived in whole or in part az ro any claim,
counttrclaim, diaputt or other trotter apaifically described in such conunt.
4.7 Limitation of Liability
4.7.1 In recognition of the relative risks, rewards and benefits of the project to
both the OWNER and the ENGINEER the risks have been allocated such chat
the OWNER agrees that, to the fullest extent permitted by law, the
ENGINEER'S ronl liability ro the OWNER for any and all injurks, claims,
losses, expenses, damages or claimed «penses arising out of this agreement from
any cause or causes, shall not «ceed the sated lee in the proposal. Such causes
include, but arc not limited ro, [he ENGINEER'S negligence, errors, omissiom,
stria IiabBiry, and breach of contract or breach of wamnry.
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