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HomeMy WebLinkAbout2005-003 - Professional Services Agreement with George Butler Associates for Provision of Engineering Services:,;_ BILL NO.2005-03 ORDINANCE NO.2005-03 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE MAYOR TO COMPLETE AND EXECUTE, AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND GEORGE BUTLER ASSOCIATES, INC. FOR THE PROVISION OF ENGINEERING SERVICES WHEREAS, the City of Riverside, Missouri (the "City") has negotiated with George Butler Associates, Inc. ("GBA"), for the provision of professional engineering services related to review of work completed in connection with the construction of a nine-story Hotel with two hundred fifty-seven (257) rooms'on Argosy Parkway in the City of Riverside, Missouri. WHEREAS, the City and GBA have reached an agreement concerning the provision of payment for such services. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The City of Riverside shall enter into an Agreement, to be substantially in the form attached hereto as Exhibit A, with GBA, whereby GBA will provide professional services, and as consideration for such services the City shall pay GBA a total amount not to exceed Thirty-Eight Thousand Nine Hundred and No/100 Dollars ($38,900.00) (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 OrdinancJJe~~shall be in full force and effect from and after its passage and approval. Passed this ""'day of January, 2005. .~.~~ ~- Mayor ~' A E i C' y Clerk r. n ,~, ., T 1.. ,a Cg~ O[ORO[ BYTL[R AS[OCIAT[S,INC. January 7, 2005 Enginssro • Ar~hiNais Mr. John Jackson one Renner Ridge City Engineer 9801 Renner Boulevard City of Riverside Lenexa, Kansas 66219-9745 2950 NW Vlviori Road Telephone (913) 492-0400 Riverside, MO 64150 FAX (913) 577-s2oo SUBJECT: Argosy Casino Code Review -New Hotel gba@gbutler.wm http://www.gbutler.com John: Please find attached two copies of an agreement for our services on the referenced project. In it, I have included the scope of professional services we will perform for the lump sum fee of $38,900.00. This fee includes the review for the initial 12/10/04 submittal and review of one re-submittal by all disciplines. A maximum of 16 hours of GBA staff time has also been included to discuss comments with the City, Owner, or the A/E of Record. The fee also includes review of the fire protection shop drawings (deferred submittal) and review of one re-submittal by the fire protection engineer. If the deferred submittal review is not required, the total lump sum fee could be reduced by $2,400.00. We have received the permiWid documents dated 12/10/04 along with a copy of the structural calculations from PGAV Architects. GBA will complete its initial review and forward all comments to your office no later than 12 working days from your notice to proceed. Review of the re-submittal will be complete no later than eight working days from the date GBA receives all required re-submittal information. Please sign and return one copy of the attached agreement. This will serve as our notice to proceed. We appreciate the chance to be of continued service to the City of Riverside. Feel free to call me with any questions or concerns. Sincerely, GEORGE BUTLER ASSOC>;ATES, INC. ~r~ ~ Brian K. Steiner, AIA ` Project Manager CC: Roy Wilson, Fred Russell, Brent Miles Attachment: Agreement for Professional Services G:\10714WDMIN\FEE PROPOSAL\L-PROPOSAL.DOC Lenexa, KS Kansas City, MO O'Fallon, MO St. Loins, MO Lisle, IL _ .f . ,. ~ ...~ ..~. . _ T. T. :~ :~ AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of the 7`~' day of January, 2005, between the Consultant: George Butler Associates, Inc. 9801 Renner Blvd., Lenexa, Kansas, and the Client: City of Riverside, Missouri, subject to the Terms and Conditions below. No additional or different temps aze valid unless expressly agreed to in writing and signed by Consultant and Client. PROTECT: The project consists of a new 215,920 sf, nine-story hotel to be built to the north of the Argosy Casino in Riverside, Missouri. PROFESSIONAL SERVICES: George Butler Associates, Inc. will provide a review of the plans and specifications for the planned hotel construction. The review will only be for the construction design documents of the following disciplines: • Architectural • Structural • Civil • MechanicaUPlumbing • Electrical • Fire Protection It is understood that this "review for pemutting" is not to be considered a substitution for the professional responsibilities of the project Architect and Engineers of record, as required by the professional licensing boazd of the State of Missouri. Specifically, this code review will include the following: • Verification of occupancy loads, exit widths, egress capacity, travel distances • Verification of fire-resistive construction requirements • Review of details as they relate to these fire-resistive requirements • Accessibility review (ADA) • Life Safety Code Review • Review of structural calculations for design loads used • Review for plumbing and HVAC code compliance • Review for electrical code compliance • Verification of emergency lighting for exiting • Review of sprinkler systems, fire pumps and standpipes • Review of hydrant coverage, fire department connections, and underground • Review of fire alarm system • Review of smoke control system • Review of Fire Protection Code Footprints The review does not include: • Structural analysis of the capacity of the building structural systems • Review of the building envelope and fuushes as they relate to water tightness, ventilation, material compatibility, and energy efficiency • Review for hazardous material or mold potential • Review of azchitectural aesthetics / signage • Review of landscape and lawn sprinkler plans • Analysis and review of natural waterway issues • Review of issues related to noise or other environmental concerns • Meetings with the City, Owner or Architect/Engineer of Record to discuss review comments CONTRACT FEE: LUMP SUM of $38,900.00. The Fee shall not be exceeded without written approval of the Client. ~g~ 6EOR6E BUTLER ASSOCIATES, INC. Paee 1 of 3 •, .. ,. TERMS AND CONDITIONS 1. SCOPE OF SERVICES The Consultant will perform the services set forth above pursuant to these Terms and Conditions and the attached Proposal, if any. 2. BILLINGS/PAYMENTS Compensation will be as stated above. Invoices for the Consultant's services shall be submitted, at the Consultant's option, either upon completion of such services or on a monthly basis. Invoices shall be paid by Client within 30 days after the invoice date. If the invoice is not paid within 30 days, the Consultant may suspend the performance of services upon written notice to Client. Interest will be added to all amounts not paid within 30 days of statement date calculated at one and one-half percent (1.5%) per month from the date due. Any costs incurred by the Consultant in collecting delinquent amounts, including reasonable attorney's fees, shall be reimbursed by Client. If a portion of the Consultant's statement is disputed, the undisputed portion shall be paid by Client by the due date. Client shall advise the Consultant in writing of the basis for any disputed portion of any statement. Retainers shall be credited on the final invoice. 3. PROFESSIONAL RESPONSIBILITY A. Consultant will exercise reasonable skill, care, and diligence in the performance of its services and will carry out its responsibilities in accordance with customarily accepted professional architectural or engineering practices (as appropriate) in Consultant's community. No warranty, expressed or implied, is included in this Agreement or in any drawing, specification, report, or opinion produced pursuant to this Agreement. B. In no event will the Consultant be liable for any special, indirect, or consequential damages including, without limitation, damages or losses in the nature of increased project costs, loss of revenue or profit, loss in production, claims by customers of Client, or governmental fines or penalties. 4. CITY PLAN REVIEW IMMiINITY The Consultant, acting as the Client's plan reviewer, when acting in good faith in the discharge of its duties, shall not thereby render itself liable and shall be, to the maximum extent permitted by law, relieved from all liability for any damages that may accrue to persons or property by reason of any act, en'or, or omission in the discharge of its duties. Any suit, claim, or action against the Consultant because of acts, errors, or omissions by Consultant acting in its capacity of City Plan Reviewer shall be defended by the City legal department until final termination of the proceedings. The Consultant shall be entitled to all defenses and municipal immunities that are, or would be, available to the City if the same services were provided by a City employee. 5. ON-SITE SERVICES Project site visits, if any, by the Consultant during construction shall not make the Consultant responsible for construction means, methods, techniques, sequences, or procedures; for construction safety precautions or programs; or for any construction contractor's failure to perform its work in accordance with the drawings and specifications, all of which shall remain the sole responsibility of the construction contractor. 6. CHANGES Changes within the general scope of the Consultant's services, with an appropriate change in compensation, are authorized only by a written instrument signed by authorized representatives of both the Client and the Consultant. 7. TERMINATION Services may be terminated by the Client or the Consultant by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay the Consultant all amounts due the Consultant for services rendered and expenses incurred to the date of termination, plus reasonable costs incurred by the Consultant in terminating the services. 8. DISPUTES In the event a dispute shall arise between the parties to this contract in excess of $2,500, then as a condition precedent to any legal action by either party, the parties agree to participate in at lease one session of mediation in an effort to resolve the dispute. The parties agree to split the mediation fees equally. The mediation shall be C;g~ OEOR6E BUTLER ASSOCIATES, INC. i 1' Pase 2 of 3 administered by a mutually agreeable mediation service and shall be held in Kansas City, Missouri, or such other location as is mutually agreeable. 9. APPLICABLE LAWS Unless otherwise specified, this Agreement and the Consultant's services shall be governed by the laws of the State of Missouri. 11. ENTIRE CONTRACT These Terms and Conditions and the above-referenced Proposal contain the entire agreement between the Consultant and Client relative to the Scope of Services herein. All previous or contemporaneous agreements, representations, promises, and conditions relating to the Consultant's services described herein aze superseded. 10. RIGHTS AND BENEFITS The Consultant's services will be performed solely for the benefit of the Client and not for the benefit of any other third parties or entities including, but not limited to, lenders, sureties, contractors, tenants, or others not a party to this Agreement. Client: City of Riverside, Missouri ~~ ./~.G[~f.~-a By: Betty Burch,_~jyor Consultant: George Butler Associates, Inc. ~f~' ~ "/ By: Roy .Wilson, PE Title: N1~jtQr Title: Vice President ~g~ GEOR6E BUTLER ASSOCIATE8, INC. Page 3 of 3