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HomeMy WebLinkAbout2006-145 - Agreement with Timothy Bureau Consulting for Consulting Services~~ ~ ., BILL NO.2006-145 ORDINANCE NO.2006-145 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 ~~G SERV~ICESCONSULTING, LLC FOR WHEREAS, Timothy Bureau Consulting, LLC ("Consultant") is in the business of providing professional wetland delineation services (the "Services"); and WHEREAS, the City of Riverside, Missouri (the "City") has determined that the City Dreg ~d ~e Services for certain public improvement projects, and that such Services are for a public pure , City desires to retain Timothy Bureau Consulting, LLC to provide such Services; and WHEREAS, the City has negotiated with Timothy Bureau Consulting LLC, and the City and Timothy Bureau Consulting LLC have reached an agreement (the "Agreement's 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 Timothy Bureau, whereby Timothy Bureau will provide Services specified in the Agreement, and as consideration for such Services the City shall pay fees described in the Agreement, in an amount not to exceed $29,980.00. Section 2. The Mayor and the City Clerk are authorized and directed to execute the Ageement, 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. This ordinance shall take effect immediately. passedthis--day of November, 2006. yor Kathleen L. Rose .Timothy Bureau Consulting, LGC Environmental Plann/ng • Llttgatlon Support Wetlands, Lakes & Streams November 3, 2006 City of Riverside Attn: Brent Miles, Planning Director 2950 Vvion Road Riverside, MO 64150 Re: Engagement Letter, Professional Services Agreement Dear Mr. Miles: We are pleased to provide this confirmation of our firm bid of $29,980.00 for the tasks defined in the Riverside Scope of Work Document for the L-385 Basin. There are 9 Tasks described in the City Scope, which is incorporated into this agreement as Attachment A. There are certain conditions and limitations and requirements upon which the price for services is conditioned and dependent. These Bid Specifications are included and incorporated into this agreement as Attachment B. The proposed Terms of our Agreement are incorporated as Attachment C. Should the City prefer to modify any term, please make the change and initial and date same. TBC reserves the right to renegotiate any change in Terms. There are two Professional Service Agreement packets enclosed. Please sign the cover page on one set and return. The other set is for your records. The City of Riverside hereby agrees to the Scope, Bid Conditions, and Terms of this Professional Services Agreement, and authorizes Timothy Bureau Consulting to initiate work on the project: For Timothy Bureau 14050 LuckettLane Grand Haven, M149417 • Phane:(818)842-8725 Cell: (818) 402.0091 ,. „ * ~~ • Email: tlmothybC~charterml.net ~' T i' Title CITY OF RIVERSIDE, MISSOURI WATERS OF UNITED STATES DELINEATION, L-38S BASIN SCOPE OF WORK Project Management a. Meet with city staff, one meeting b. Provide correspondence, project information II. Conduct data collection/research a. Verify previously identified wetlands b. Identify additional potential wetlands Note: Use ofNational Wetland Inventory Maps, aerial photographs, county soils survey information, Natural Resource Conservation Service Farmed Wetland Inventory and other consultant delineations may be necessary. III. Conduct field surveys a. Verify the presence and extent of mapped wetlands and other waters of the United States. b. Delineate the presence/absence of wetlands and other waters of the United States not previously delineated. IV. Provide preliminary wetland jurisdictional determinations for wetlands areas that may be affected by future development. a. Location surveying of wetland boundaries by professional surveyor. Note: The procedures for this activity are outlined in the U.S. Army Corps of F.,ngineers Wetland Delineation Manual (1987, revised 1997) V. Coordination and Pre-application meeting with U. S. Army Corps of Engineers VI. Prepare Wetlands Determination Report a. Document requirements for permitting b. Include completed permit forms c. Include Individual Permit (1P) under section 404 of the Clean Water Act d. Document mapping of identified wetland boundaries and other resources VII. Prepare and submit necessary applications a. As required under Section 404 of Clean Water Act b. As required under Section 401 of Clean Water Act VIII. Develop mitigation strategies and associated costs through coordination with U. S. Army Corps of Engineers and other resource agencies. Note: The actual mitigation engineering is not included in this scope of work. IX. Coordinate with the U.S. Army Corps of Engineers and other agencies as necessary for acquisition of the IP under Section 404. Note: The actual 404 permit is required to determine the conditions of the U.S. Army Corps of Engineers, Missouri Department of Natural Resources, Missouri Department of Conservation, U.S. Fish and Wildlife Service mitigation requirements. ATTACHMENT A -TIMOTHY BUREAU CONSULTING LLC -11/3/06 .- ATTACHMENT B -TIMOTHY BUREAU CONSULTING LLC -1113/06 City of Riverside -Basin I-385 -Wetland Delineation and Permitting BID CONDITIONS AND SPECIFICATIONS Task I. City shall provide a digital base map and digital development grading plan which encompasses the areas to be delineated and permitted. Bid includes one meeting with City of Riverside during period when wetland delineation is being conducted. Task II. City shall provide the Reports and Mapping for all completed wetland delineations to be verified and/or included in permitting (digitally if available). Verification of previously delineated wetlands will consist of field investigation sufficient to determine whether additional work is required or recommended to redo wetland delineations) (which costs are not included) in order to submit comprehensive report and initiate permitting effort. The City shall clearly define the 274 acres to be included in the wetland delineation effort and shall clearly define the parcels and areas of wetlands to be verified. City shall obtain permission for entry on properties, if required. Task IV. Wetlands within the 274 acres will be flagged and/or pinned and surveyed with GPS while on site. The wetland delineation mapping will be provided both on paper and as a digital CAD layer added to the base map provided by the City. Task V. Bid includes one meeting with Corps of Engineers during period of field work. Task VII. Bid does not include any engineering, planning, or design associated with final development plans. Bid does include all documents and graphics associated with permit applications. City agrees to provide or assist in obtaining all information or data necessary to fulfill application and permitting requirements. Task VIII Bid does not include engineering or design of additional wetland mitigation areas, if any required. Bid does not include searching for auxiliary or additional wetland mitigation area. Bid does include inspection and evaluation (during period of initial field work) of feasibility of potential compensatory wetland mitigation sites identified by City. Task IX The Bid includes all interaction with agencies necessary to reach point of initial agency decisions. Bid does not include any application or permit fees. Bid does not include appeal of any adverse agency decision. Costs for tasks 1-9, including delineation of 274 acres = $ 29.980.00 These costs include all travel time, expenses, equipment, and other costs necessary to fulfill tasks 1-9. Additional items or efforts, if any, which may be necessary, but which are not included in the outline or anticipated in this bid, will be negotiated with the City on an item by item basis. ,. .. n 1, T i, -- r, E_ ATTACHMENT C -TIMOTHY BUREAU CONSULTING LLC -11/3/06 T RMS Consulting fees and direct expenses will be billed at milestone points as follows: 40% upon completion of fieldwork and wetland delineation report/mapping. 40% upon submittal of 404 permit application to US Corps Of Engineers and 401 permit application to State of Missouri. 20% remainder upon initial agency decision on permit applications. Payments are due within 35 days of invoice date. Overdue accounts charged 1.5% interesUmo (18% APR). 2. Work items added to contract will be billed monthly at either an agreed-on amount or at standard hourly rates plus expenses. 3. TBC shall exercise due care in pertorming professional services, sM ' .TBC shall not be liable for any claim, damage, cost or expense (including attorney's fees) or any other liability or loss or damage to Client not diFee4yrepd-eelely caused by acts, errors, or omissions by TBC. ' ~ ~ ~~Ir~ TBC reserves the right to suspend or terminate this contract, should any invoice not be paid in full within 35 days of the date of the invoice. Should collection litigation be necessary, Client acknowledges TBC will include attorney's fees and all related costs as apart of the legal action. 5. Client agrees to indemnify, defend, and save harmless TBC, its agents, and employees, from and against all loss or expense (including costs and reasonable attomey's fees) by reason of any liability asserted or imposed upon TBC, its agents, and employees, for damages because of bodily injury, including death, sustained by any person or persons, or on account of damage to property, including loss of use thereof, and for any other ,~ ~ damages because of acts, omissions, errors, or negligence arising out of the ~`~ performance of services under this Agreement. ~- p F C ~sr,,~ d0. t~.ti•a PatvttEs 6. By acceptance of this proposal, it is agreed that TBC has permission to go on site and can perform any reasonable and necessary investigation in the course of completing these tasks. Client is solely responsible for site security and for obtaining permission from any affected third party property owners for use of their lands. 7. The work pertormed by TBC is the confidential property of the client and will not be released to any other party without the Client's permission. 8. All regulatory determinations are subject to review and concurrence by the appropriate State and Federal agencies. 9. Upon acceptance of proposal, tasks will begin as soon as possible and site investigation will be completed as weather and scheduling permit. 10. This proposal is good for 45 days.