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HomeMy WebLinkAbout2005-009 - Professional Services Agreement with Shafer, Kline & Warren4 " BILL N0.2005-09 ORDINANCE N0.2005-09 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE MAYOR TO COMPLETE AND EXECUTE, A LETTER AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND SHAPER KLINE & WARREN, INC. FOR THE PROVISION OF ENGINEERING SERVICES WHEREAS, the City of Riverside, Missouri (the "City") has negotiated with Shafer Kline & Warren, Inc. ("SKW '), for the provision of professional engineering services including preparation of a preliminary plan for the West Platte Road Bridge over Line Creek (the "Services"). WHEREAS, the City and SKW 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 fonn attached hereto as Exhibit A and dated February 7, 2005, with SKW, whereby SKW will provide the Services, and as consideration for such services the City shall pay SKW a total amount not to exceed Two Hundred Two Thousand Seven Hundred and No/100 Dollars ($202,700.00), plus reimbursable expenses as defined in the attached agreement (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 Ordinance shall be in full force and effect from and after its passage and approval. Passed this ~S ~ay of February, 2005. ~/~ Y Mayor A TE City Jerk .. 7 1. --~. t SNAFER, KLINE & WARREN, INC ^ 11100 West 91st Street, Overland Park, Kansas66214-3216 913-888-7800 FA%: 913-888-7868 Tuttle-Ayers-Woodward founded 1885 Otfites in: Chillicothe, Missouri Iola, Kansas WWW.SKW-INC.COM Sheller Griffith'Shetlar founded 1946 Kansas City, Missouri Overland Park,.'Kansps A.C. Kirkwood & Associates founded 1947 Maiva; Missouri Ottumwa, Iowa, Shafer & Kline founded 1950 Nar7h Kpesgs tiiy, Missouri Namilton & Associates founded 1981 January 20, 2005 V1<`A FAC~IlkiIILIE (816) 746-8349 & U.S. MAIL Revised February 4, 2005 - Revised February 7, 2005 Mr. David Blackburn, City Administrator ' City of Riverside 2950 NW Vivion Road Riverside, Missouri 64150 Re: West Platte Road. Bridge over Line Creek.. Agreement- for Professional Services Dear David: Thank you for considering Shafer; Kline & Warren, InC. (~KkW) tp provide professional servtces m conjunction with Engineering Services for the West Platte: Read Bridge over Line Creek, hereafter called the "Project". A detailed description ofouc prttpnsed services on the project is provided in the attached Basic Services Summary. Our compensation for completing`the services listed iri thetBasls~ Services.Summary will be a lump sum fee of $202,700.00, which does not include the cost o~reimbursable expenses.. Reimbursable expenses (out-of-pocket expenses: such<as printing, vehicl~'tniieAge, delivery charges, filing fees, or application fees, etc.) willbe invoiced at actual cost, plus tell percent (10%) to cover administrative overhead. The lump sum fee does include approximately $2~;n00.00 in-fees for subconsultants to perform geotechnical investigatloirrs andl~r~coti'mliett~lations,arld ~1t Archaeological Phase 1 Survey. The lump sum fee also includes ~$8,300:~0 for unck+arground ~ti~ity"coordination and conduit design for Vivion Road. You will be invoiced monthly, based on the project progress thaGt .has occurred. All invoices are due and payable on receipt and will be considered paxt due if payrrrent is not received within 21 days. Once project invoices are past due, an interest charge will acc a to your account at the rate of one and one half percent (1'/z%) per month, acrd we will retain the right to cease. work on the project until satisfactory arrangements are made to settle the account: We expect to begin our services-;promptly, after receipt gf~rtizr acceptance of this proposal, and complete our work, with all due ;diligence and in a timely matur~r. ')(f there-are protracted delays, for any reason, we will notify you immediately. Clty of Riv~ersitie agree(s) to provide all necessary information for the performance of our services within=a reasdtiable time. after it is requested and that SKW will be given timely access to 'the project site, as necessary, to complete the proposed professional services. - I A MULTIDISCIPLINE APPROA~II TO PROJECf~ _ __ Civil Engineers ^ Electrical Engineers ^ MechanicaLEngineers ^ ' Landscape Architects ^ Land Surveyors ^ Planners ^ GIS Consultants ^ Photogrammetrists ,. i .. , .. 1< ~, _. 7 1. Mr. David. Blackburn, City Administrator City of Riverside January 20, 2005 Revised February 4, 2005 Revised February 7, 2005 Page t The following:individualssre designated as primary project representatives.for City of Riverside and SKW. These individuals shall be'the primary. point of contact end shall receive all correspondence or notices. Shafer, Kline & Warren, Inc. `- City of'l~i~ierside:; Gary D. Strack, P.E. David Blackbwm 11100 W. 91st Street 2950 NW ~'ivon Road Overland Park, Kansas 66214 ]tiverside;li,Iissouri 64150 Phone: (913)888-7800. Fhone:($l~)'746-3993 Fax: (913) 888-7868 Fax: ($16) X146'-8349 E-mail: strack@skw-inc:com This agreement,-along with the attached' Basic Services Summary and Terms and Conditions {2 pages), represent!the entire understaric~0g <betvi+etsn us in'respiect to this project. The Terms and Conditions detail many provisions afil~ctit3g,'t11is<agreemeni~, 'aneluding- some which limit SKW's liability regarding the project. The Terms and"C;onditions.slitiuld be read-and understood before entering into this agreement. If these documents satisfact+~rayy,set forth your understanding of our agreement, .please sign the enclosed copy: of this letter agreernbnt in the space provided below and return it to us. This proposal is open-for acceptance until l~efbtluary 22, 2005. We appreciate this opportunity tp provide you this proposal' fpr our services and look forward to working with you on this project. `fqub~stions•sho~ild arise ail:e~you review this proposal, please call the number listed above. SHAPER, KLINE & WARREN, INC." Gerald C. Johns ,'P 1~. Division Mara r, sign Services ~~cs~,~~e~o~ais~g~r•r v.2.wpd CITY OF RIVERSIDE . Mr. David Blackburn, City Administrator City of Riverside- January 20, 2005. Revised February 4, 2003 Revised February: 7, 2005 Page 3 ~~~R~~~ ~r ~.' , 'IIrY Attached to and made a part of-the .t~~ rnsnt-fist Professit~n~l~ Services dated January 20, 2005, revised February 4, 2005, and F~brua~y ~J, ~4g5by~and betty c~ City ofRiverside and Shafer, Kline & Warren, Inc., in respect#o E~eaV~t=l~ ~+e;rvlcea'fc~r tfie''Wet~~latte Road Bridge over Line Creek, the "Project" described therein. ` ~CQFE Off' a~AS>CC SIIaR'VIt~ES For the compensation outlined in thtaN~,gree~rt~nt, SKW:w~iliperform the following professional services. Services not detailed within,tli'>?~~'G~}~~``c>~$sie~~`~+'ItG~s are specifically excluded from the scope of SKW's-work and SKW assntiics'nc i~~~t~l~&rl~Yli,tt~ perform any services-not specifically listed. • Preliminary plan preparation including geptitnical a~-d':~ltcshaeological Phase I investigations, preliminary bridge design, hydraulic desigzl~ topr~g~lkhic survey, wetland mitigation, and roadway design. West Platte~Road~~riclge•t~v~r Line Crea~C. • Corps ofEngineersand ~~~`~d8~~+~e~~I~Stjr4~ctai~~tdttl tc7~ aid perrnitpreparation. • Utility coordination and ct~b~llrtlt dES~i~~ fist uia~jgFQt~~d~k~tz~ along'the Vivion Road corridor. • Right-of--Way Plan and Legal D~st7~~ ~?~-tic~rY~,a~ acquisition negotiation assistance. • Final plan and specification preparation ~nclix~ing #lh~l:.l~ri~lge and roadway design. • Meeting attendance- once a month for 1>~ months. • Bidding assistance. • Administration of the contract. • Shop Drawing Review. Exclusions: j • Archaeological Phase 2 Sr~rv~y. I • Construction administration including preconstruction me.~tirig and contract negotiation. • Construction Staking. • Construction Observation. AI~I'~iTl(~1~1AL,SEIC~~Cl~1S If agreed to by the client and' SKW, we will provide Addicttpna~ Services related to the Project. Additional Services arethose nc~t`included as.~t~tfbfflti~i~3~~d ~~npe of Services and shall be paid for by the Client in addition to payment ~o'r Basic Services,: irk-accordance with SKW's prevailing fee schedule, in -effect at the time that-such services are rendered{ or<as otherwise agreed to by the client and SKW. i ,, , ,i ¶ 1. _ ~ i. '.: TERMS AND CONDITIONS .SHAPER, KLINE a4t WARREN,,INC. ASSIGNII~IT. Neitherparty of thin-Agreement shall transf«, sublet or asaigit-arty tights.under or interest in this Agreement (including but notlimited to monies that aro duo ortnoniea that maybe duo) without the prior written consent to-the otherparty. Subcontracting W subconaultants normally contemplatefl by 3KW shall not ba cmisidered an assigomont for purposes of this Agreement.... BE'ITL-R1YY~NT. If a required item or component of-t1 be responsible f~payingthecoatregttimtlto add such itt required and i~htded in the original co~usttvuetiar dacu provides bettamait ar upgrades ~ enhstusas-thb.valua BILLING AND gAYMENT. Invoicus.subtdsittliy; paid within tvvcttty-tee (21) calendar dily+e ofthe iivoiip days ofthe invoico data, invoices alrollbear interest at of is less) of the PAST DUE amotmt per month, which'sl be applied to ac«rted interest<and tbentb the ugpaitl pri costs in order to collect overdue strtas 6om the Cl{eat, become due andpayable to 3KW. Collection costs'shell court costs, collection bonds end reasonable SKW staff obligati of the Client to pay colhtethatti"' a11a11~8`n If the Client fails to makc payments viildt due?c services upon seven ('n calendar days':writtenn costs or damages as a result of suspension cause DELIVERYOFCADDFILES. Ltrequeatinge and provided by SKW as part of this project, tlti service of SKW, who shall be deemed the author: rights, including ~PYn81-ts• 'Asry electronic fljist Delivery of the electronic file wRi) pie-sccontpntga~ format. The clientia asked to carefully vertfy the eitviromnent, corresponds to the hard`copy print:" so that the source of the inconsistency may be iti~ hard coPY lib ~ ~ The Client fiuther agrees not which is the subject of this unauthorized changes orteus agrees; to the fullest extent >r reasonable attorneys' fees aru 3KW shall not ~3ect. tbt and cost or expense that ad shall be considered PAST DUE if not bysKW within twenty-orte (21) calmdar ha maximum allowable by law,whichever s due'date. Payment thereafter shaft Brat payments when due and SKW inaus any ~llcotion coats incurred shall immediately fees, collection agency fees and expenses. KW's time spent in efforts to collect. This or any earlier termination by either party. Agi+eement, SKW may suspend p«fmmance of the no liability whatanev« to the Client for any tby the Client. 'tiara on any fornt of electronic media generated l all such drawings and data are instntnterrts of U retain alI coaunon law, statutory law and oth« e submitted for an acceptance period of 30 days. leas the information contained in the electronic a utilized within the client's computer of CARD scovers should immediately be reported to SKW n electronic-media can deteriorateundetected or i,' use or project oth« thatt the project CW rcaulturg in any way from any than 3KW. Tn addition, the Client damage, liability or wst, includmg than SKW or from any reuse of the drawings and data without the prior written coltisent of STEW. ~ Under no circumstances shall transferof the drawings and oth« irrstntmartta of service on electronic media for use by the Client be deemed a sale by SKW, and 3KW makes no warranties, eitherexpr~s or itnpbied ofinerchantabiltynnd-fitness for any particular Pu~~• CERTIFICATIONS, (iUARA1 seal to the fmai copy of all coml certifications or oth« do¢umenU provide SKW with copies of all will review the certifications or d collected or generated as part of if not, SKW may propose a modi agreed to sign aspert ofthe aco~ any certifications or documents, would result in SKW`s having;G The client also agrees not to mak upon SKW's signing any such c of work and cost. . utter of professional'practice, affix a professional ant's project needs requiro SKW to sign specific h'as tenders or potential buyers), the Client shall Signed,: prior to entering-into this contract. SKW rll~pltion.` ` ~ i rofessionals, to sign the documents and, mtlanguage that SKW has reviewed and lent. -SKW shall not be required to sign led prior to entering the contract or that whose existence cannot be ascertained. nount due to SKW many way contingent i .i n ~. ~ 1 . L'- for any consequential damages iriiar committed by the Cliem a SKW, th are not limited:to, lase of use,loas c DISPUTE RESOLDT-ION: 1n an Project, the Client andSI4W agree tt to nonbinding: mediation unless tlu between the Client and SKW. of to resolve env coaflicts7 is nt, neither party shall be liable to the other the nature of this fault or whether it was ors: Consequential damages include, but of reputation. iroject or following the wmplction of the I to'the Agreement sha111fust be submitted ~diator's'semces will'be shared equally does not include any services rasbeatos or hazardous or toxic he jobsitear anyadjaceatareas for consequential or any other damages, suspendperformarice oPsetvitason'tlto ptojectuntil tote trlien~t+atolltiata specialiatconsultaat(s) orconttactor(a) to identify, abate and/or romove the asbestaa orbazardaus or toxic matehala, ~ubwarrant that the jobsita is in full compliance wiW applicable hrws and regulations. HAZARDOUS MATERWS. It related to asbestos or hazar<ltws ate: materialaatthe jobsite,orshoulditl that may affect the performance o) GOVERNING LAW. Thelaws of the State htwhich the SKW office is located where this contract originates will govern the validity of this Agrcemeat,'its interpt!61'ation and peYformance. Any litigation arlsfog Crom this Agreement shall be brought in the courts of that State: INSURANCE. During the-term of this Agreement, SKWagrees to mainfaininsnranco wverage for general and professional liability. Upon request of the client, 3KW will provide a;certiffcatfan::of c~syge which documents the existence of insurance. INDEMNIFICATION. 3KW agrees, to the flrlleatextentpermrtted by lta ~ ~ thd~ar-ily and hold harmless the Client, its officers, directors and employees (collectively; Client) agatnst all' dpi k~itbil#~ ce oosts> including reasonable attonuys' foes and defense costs, to the extent caused by SI~W's~teghgent p~r"fot'ittant,a:yiCff professional services under this Agreement and that of its subwnsultants or anyone for whom STtW. is legt+Cly liatslo.' The C1ienCagreea, to thafuilest extatf.petinitted` by law, to t1-dCms-1fy atxl hdld harmless SKW, its officals,: directors, employees and subwnsultants (collectively, 3KW) agsmst all datr~ga-, liabilities~or.w~ts, including reasonable attorneys' fees and defense costs, w the extentcaused by the Client`s neghgerttaota ~t,Ceiutecti4tti4dth 1iUe Project and'the sots of its contractors, subcontractors or wnsultantsoranyone for whom tho:G"ir~[~ia tegplly,~ls~e. ~. Neither the Client nor 3KW shag be;obligated:to indatihtli~± the' otha~t.~Cty~in ally manner whatsoever for the other party's own negligence. ,: OPINIONS OF PROBABLE COS'1'.-1n ~vidmg:any rtpini~ps oPpt'ohni#1,s~os~shttetion coat, the Client understands that SKW hsa no control over the cost of availability of.hrliar, equipfnent or materals; or over market conditions or the Contractor's. method of pricing, and that SKW's opinfons'0f probable construction coats are mad oa the basis of SKW's professional judgement and experience. SKW makes no warranty, express orimpiied,.that the bids`or the ~agotiated cost of the Work will not vary from 3KW's opinion of probable conswction cost; OWNERSHIP OF INSTRUM$NTS 4F SERVICE. All'ceports, plans, spoaification9, computer files, field data, notes and other documents and instruments prepstod by the,SlaG~?V as irtstit~ttteltta df~serVtc~~ remain the.propeAy of SKW. SKW shall retain all common fees, statutory and other reserved rights, ideluiNing the wgyrrglftktheteto. STANDARD OF CARE. in providing setvieea under'ttasAgreement, SKW wilt endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession cuirenUy practicing under similar circumstances. Upon notice to SKW and by mutual agreement between the parties, SKW will, without additional compensation, wrtect those services notmeeting such a standard. TERMINATION. Either the Client or SKW may terminate this Agreement ut say limo with or withoutcause upon giving the other party seven (7) calendar days prior written notice.. The ClentshaU~ wrth+li ~ (30) calendar days of termination, pay SKW for all services rendered and al! wale incurral up to the date or tetmit-aton,• in raance with the provisions of this wntract. WORK 1[N PROGRESS It is agreed ettd umdexatoad th~4'any work;~ed by SKW shall not be deemed wmplete, nor may it be relied upon as carnpete, +mnl idohvery~-P the tvrittsealederti~ st ,pmt.. Prior w final wmpletion, any information generated by SKW in the perfortuttt Dfftl~~tT~'vitsd~~+vh~~i+Dl',~i~,,Slte PC , f SU'tvey stakes and monuments in the field; or plans, plats, reports or other work items (wlel~,~e~!deQ itr;vvts'ttety eleat~c„ other format) shall all be wnsidered as preliminary work in progress and subject W revtslon Sftitl aarinotgttttrhte+e tiie`euimbiti 'f~'tltis information for any party's purposes and shall have no liability of responsibility whatsoever'Poi'-t1Yb ti'tt~ dP5UG1tpIC8lmi~yytttfornt8tian by.the Client or others.