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Home My WebLink About2006-138 - Agreement with Continental Consulting Engineers for Consulting Services. •, . BILL NO.2006-138 ORDINANCE NO.2006-138 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 CONTINENTAL CONSULTING ENGINEERS FOR CONSULTING SERVICES WHEREAS, Continental Consulting Engineers ("Consultant") 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 are for a public purpose, and the City desires to retain Continental Consulting Engineers to provide such Services; and WHEREAS, the City has negotiated with Continental Consulting Engineers and the City and Continental Consulting Engineers have reached an agreement (the "Agreement") concerning the provision of, and payment for, such services. follows: NOW, THEREFORE, BE 1T ORDAINED, by the Board of Aldermen of Riverside, Missouri, as Section 1. The City of Riverside shall enter into the Agreement, to be substantially in the form attached hereto as Exhibit A, with Continental Consulting Engineers, whereby Continental Consulting 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 and the City Clerk are authorized and directed to execute the Agreement, execution of such document 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 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. ~]Th~jis ordinance shall take effect immediately. Passed this / / ~`'"riav nf(letnher 2nnF, A ES . ity Jerk a or Kathleen L. Rose I' 8000 rlTATL° I.MVL' ApAp 8NC8 7i7a AE4ft~00A KANBAa Qa'l0a T8L rGID a'1a+aQ02 PWX (ere) O~II-mil •'wateaenph~ereeeT -~ Co~tinen~al -'• Y?d~UL1DY1:i 13YCaa39i4>nrc ...._...,:,:e. Civil Enaineerina SCOPE PROPOSAL AND AGREEMENT FOR PROFESSIONAL SERVICES Between the Client CHy of RiverskJo 2950 NW Vlvlon Road Riverside, Missouri 64150 and the Consultant Continental ConsuMing Enginesre, Inc. 9000 State Line Road Leawood, K3 86206 for the Folbwing Project: Mtssoud River Scour Repak Locatbn mib maker 373.0 North Bank, North stile of Levee Client Cord Persons: David Bhekbum City Adndnistrator Consultant Corrtad Person: Philip D. Gibbs, P.E. President Fib No. 0606-14 -REQUEST FOR PROPOSAL- Phone: 818.741.3983 Fax: 818.743.8348 Phone: 913.642.6642 Fax: 913842841 Email: ~ocenoineers.crom The Cllant has requested the Consuirent subm(t a Proposal and Agreement for Professional 3ervlcas deserlbed by the following date and attached hereto. -INSTRUCTIONS FOR CONSULTANT SUBMITTAL- The ConsulFaM shall aubrttit two signed wpbs of this Proposal and Agreement, complete vuClt atl Proposal Documents to the Client for approval and executlon. Cortsuhant shall rrooperste wtth other Consulturtts ("Co-ConsuNants~ engaged by and responsible to the Client. Reference herein to Co- ConsuMants Is to assist Client in adminlstering the entire project and does not represent or Imps arty resporraBrllky for the servloes of the Co-ConwMant except for ertors of which Consultant Imew or should have known, es set forth in Servbas Provided by Gent to Consuhant. If the Client accepts this Proposal end Agreement, the Gent shall sign all copies and one copy will btr rotumsd to the ConsuhattL Upon execution and receipt by both the Consulaanrt and iM Clent, this Propossi and Agreement, including all Proposal Document, shall form the Agreerrent between the Cllant and the Consirflant The. Consultant shall compote the Servkxrs at the attached Standard Chargeout Rates. ASumritsry of the proposed servkrss are bebw. Reimbursable Expenses are noted on the aHached Standard Charge-Out Rates. Note: Sinoe this Work fs Considered Emergency Repair no Em4ronmentl Review, Htstode Research nor Endangered Spades Survey Inducted. The Conautant ahe11 complete the dawings and spedflcations with the help of the City, wail solldt Contractor bids for the work by November 1, 2008. The bide w01 be based on drawings quanttes however flnel oorlstrudlon emourrts will be paid to the Construction . Contractor based on actual quantities compktd to repelr the srour end strengthen the levee at the scour location. ~r Reimbursable Expanses Include the edwl expenses Incurred by the Consukant and Consukant's employees and Consultant's 8ub- eonaultants fi the Interest of the Project CODE Adhdties Scope of Services Listing 1107.7000 1107.7010 1107.7020 1107.7030 1107.7040 1107.7060 1107.7060 1107.7070 1107.7080 1107.7080 1108.7080 CCESurvey CCESurvey CCESurvey CCESurvey Consukard Nona None None CCEngineertng CCEnginsering CCEngineertng Retrieval of Exkting Topography around Soour and Pump Station Preparatbn proposed Work Zone Reetlfylry ProJact Umks Set HortmnW and Vartlcal Control t3aotachnical Investigation Report Endangaad Spsdes Survey Phase I Environmental Rsvlsw HistoNc Preservation Resaaroh and Report Preliminary Corps of Enginasro 404 Permit application Preliminary KDHE 401 Permit application Earthwork Analysis , ~W9e Analysis Prepare Earthwork Quantities for Contactor Basis of Payment Prepare Ancillary Qwntkies for Contndor Basis of Payment Prepare Construction Drawings and Spaciflcatbns for Soour Repair City Staff meetings Inspection of Contractor Scour Repair Work if Work remains in Ifne wkh OPC attached 110B.7T00 CCEnglneertng 1108.7110 CCEngineertng 1108.7120 CCEnginasrtng 1108.7tS0 CCEnpinee(Mg 1108.7140 CCEngineeNng 2000.0000 CCEngineerirrg II Items shall be performed by Continental Consuldrg Engineers Staff Membero on an hourly-basis. It is anticipated that the otal for these above items will not exceed 6 0 -SERVICES PROVIDED BY CLIENT TO CONSULTANT- A. Insure Consultant, Sub-consul~nb, and Co-Consultards have legal axess to the eke. B. Provide Consutant wkh any relevant, exlstlng studies or data In the Clbnt's poasassbn. C. Engage directly each Co-ConsukaMs as the CIIeM may require for the Project and assist In eoordinatbn of their scopes of servbes wkh that of the Consutant. D. Designate the design professionals, k any, thatthe Clent will require the Consultant to hire as Sub~consukants ('Assigned Sub- consultanta'~. E. The Consultant and its Sub-consukants shall be entitled to rely upon the aocurecy and completaneea of ell surveys, reports end irdonrretion famished by the Client and ks Co-Consukants or Assigned Sub-wnsultants except where such surveys, reports, and irdomratfon contain errors or omissions of which Consultant knows or should have known. In the evept that such reports, surveys, or intormetlon contain arty such ertore or omissions, the Consutant shell IMonn the Client of same. HOURLY ENGIiJEERING/PRODUCTION RATES Sr. Pdnclpai 5195.00 Sr. Engineering Technician 3100.00 Principal $185.00 Enginaedng Technician II $85,00 Engineering Manager, P.E. 5160.00 Enginaedng Tecrnician I $75,00 Civil Engineer II, P.E. $145.00 CADD Tachnldan III 595.00 Design Engineer, P.E. $130.00 CADD Techniclan II $75,00 Design Engineer, P.E. 3120.00 CADD Techndan I $Bg,Op Design Engineer, E.1.T. $80:00 Design Dreftsrtren $75,Op Landscaping Archkecl, A.S.LA $145.00 Construction Observer 5100.00 HOURLY SURVEYING ClericeWVord Processing RATES $75.00 Professional Land Surveyor $105.00 Survey Technician II ' S75.OD P.L.S. -Principal ': 3100.00 Survey Tachnican 1 $00,00 SUB•CONSUCTANT SERVICES: In cases wham the Consulant rotsins ^ Subconsultant, including Assigned Sub-consukants, to provWe services, the cost ofauch servba will bs bNed ataohul frwok» amount. ~r REIMBURSABLE EXPENSES: ReawrnW~ out of podret expenses for maberiah snd servke will ba billed at actual cost. Common Uems billed urxter tht Mad(np irrduds: prlnUr~ and photographic work, spsehl dsUrnry servkss, laboratory testkrg, spedel equipment rental, and substteneo expenses. Vehk~e mgsage h billed at a rats of 50.40 per MN beginning from CornuUaM's offleas m JobJprojed alts snd back fo the Conwltant'e office. Reasonable atrereft trawl, ear rental, and other similartraval expenses shall be bllbd at actual imoiee amount. PAYMENT TERMS: PaynreM shall be rondored no later Ulan 30 days from receipt of ApplkaUon for payment. -STANDARD OF PERFORMANCE - CornuNant service shall be perfonrred in a manner consistent with the standard of professtornl care, skill and dUlgsnee Drat t ewMmsry for projects of the type and complexity as herein described. All work shall be performed by qualMed psnonnsl under the supervision of, or performed directly by, parsons licensed to predioa In the State wherein the proJad t located, Tha services shag reaaornbly coMorm to applicable laws, codes, ordinances end regulations of any govemmeMal agency having Jurisdidkn over the proJad, at the time service aro rendend. - LIABILITYAND INDEMNIFICATION - VIISUr roped to UabilHy, the CornuIGM shall Indemrrify and sew the CIIeM, lb dirsdore, offiwro, employees and wbsfdiaries harmless from all claims for damage to property, death or NJury to persona, bas and axperne, including but not flmitsd 14 roasonable atiomeys' fee, to the extent caused by the negligent ads, errors or omissions of the CornuftaM, its egeMs, empbyee, SubeonsuUsnt, and those for whom the Conwlfant le legaly reponsible. With rasped to frebflity, the Client shall indsmniy snd saw the Consultant, Its dirodon, oltiean, employoes and subsMlerles harmless from all chime for damage to properly, death or InJury to persons, bas and experne, including but not limited to roasornble attorneys' fees, to the extent caused by the neglipeM ads, erroro or omssions of the Client, Its agents, empbyssa, Sub-consultants, and those for whom the CReM is legally responsible. - DOCUMENT OWNERSHIP - Atl construction documents (plans & spedflcaUons) and related reports and calculations are the sole property of Consultant -GOVERNING WW ANDFORUM+ This Agreement shall be governed by and construed in accordance wlth the laws of the state in whkh the proJad t boated, withod regard to the internal laws of such state regarding conflict of laws. -ATTORNEY'3 FEES- Each party shall bear Its own expense of tiltgation (including without Iimittlon atiomsy's fees), without regard bo which t the prew(Ung PartY• PROFES81ONAL 8ERVICE3 AGREEMENT The Cornullanfs servloe shall be perfomwd and dellverod to the Client within the tams Indicated on the 8eope of 8erviee and Fea summery Form sUadred hereto. Tams exNrrsloirs shall be in wdting acrd mrpraUy agrosd to regarding drcrrmstnus that force a defy. The ConsuMeM shall report to the CIIeM, at the eadiest opportunity, arty droumsfances aMicipsted to fora a delay. -COMPENSATION AND PAYMENT- Compensation shall be in accodance with the Scope of 8ervkes attached hereto. Payment shall be made by the CUant to the ConsultM rMtFrin thirty (30) days after roceipt of an Invoke by the client. ,~. -. AGREEMENT REVISION - Thh Professional Services AgregmeM, consisting of the DoeurreMS enumereted in the Regwat for Proposal ahaU not be modified, amended, extended or changed in any manner except in wrUing and signed by psreona duly authorized to ropraeeM the Cqent and the Consultant. -AGREEMENT TERMINATION- The CorisuUeM may terminate this Professional Services AgreameM upon seven (n days uvrUten notice th the Gisnt for faikrre of the diaM to mske peymeM to accordance with the tsnns croMsinsd hireM. -AGREEMENT EXECUTION- Upon exeartlon and rocalpt by the CIbM end the Consultant, this DoeurrrM end all other Documents snumerobd in the Request for Proposal ahaq form the Professbnal 3arvlcea Agreement beMroen the CUsM and the CorarulFaM. S.ONSULTANTSIG arnw 40NTIN SULTIN6 ENGINEERS, INC. } . PHILIP GIBBS, 3R., P.E. PRESIDENT DATE: OgnO~pg CITY OF RNER5IDE DATE: am was used to detenNrne Prelimlrary Probede 9.211.06 Ida Hok RepalB Opinion oiProbable Cost c,w -levee Bann '- 3 ~ 4-~.- .~ ~ Y - CY" ~ .. . -:. - 25 000 , - $1$..00. •, ...: ~~ ~ • RelfefVJell EA . _....•y ..~ ~.-550 000.00 .. :~ 4.00 CoMingeruy % 925,000 , 16%~ ~reF°°~ear° % 81,091,500 8.0% ,r. ~ ~. /D /~-D,6 T