Loading...
HomeMy WebLinkAbout2005-027 - Agreement for Engineering Services Related to the NW Cliffview Reconstruction ProjectBILL N0.2005-27 ORDINANCE N0.2005-27 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE MAYOR TO COMPLETE AND EXECUTE, AN AGREEMENT FOR ENGINEERING SERVICES RELATED TO THE NW CLIFFVIEW RECONSTRUCTION PROJECT WHEREAS, the City of Riverside, Missouri (the "City") is currently planning the reconstruction of NW Cliffview Road in the City (the "Project") WHEREAS, the City advertised and received multiple bids for the reconstruction engineering/ design of NW Cliffview Road project, and WHEREAS, the City and the Company have reached an agreement concerning the scope of the engineering services and consideration therefore. Now, THREFORE, 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, such agreement to be substantially in the form attached hereto as Exhibit A, with the Company whereby the Company shall provide engineering services related to the Project, and as consideration for such services the City shall pay the Company a total amount not to exceed Thirty Two Thousand Five Hundred Dollars and No Cents ($32,500.00) (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 Ordinance shall be in full force and effect from and after its passage and approval. Passed this 15"' day of March, 2005. Mayor ATTEST: ity Clerk ~. ... .T n ~., ~ . ,. S t AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made and entered into this 15`x' day of Mazch, 2005, by and between the City of Riverside, Missouri, a Municipal Corporation of the State of Missouri, hereinafter referred to as the "Owner", and Olsson Associates, hereinafter referred to as the "Consultant." WITNESSETH: WHEREAS, the Owner desires to have the Consultant provide engineering services for the preparation of final Plans, Specifications, and Estimate (PSE) and the construction phase for improvements to NW Cliffview Road ,hereinafter referred to as the "Project." WHEREAS, the Owner has selected the Consultant to perform the services as described herein. NOW, THEREFORE, the Owner and the Consultant in consideration of their mutual covenants herein agree in matters pertaining to the performance or furnishing of professional engineering services by the Consultant with respect to the Project and the payment for those services by the Owner as set forth below. This Agreement will become effective on the date first above written. ARTICLE I CONSULTANT'S RESPONSIBILITIES The Consultant shall perform for or furnish to the Owner professional engineering and related services in all phases of the Project to which this Agreement applies as hereinafter provided. The Consultant shall serve as the Owner's prime design professional. The Consultant may employ subconsultants as Consultant deems necessary to assist in the performance or furnishing of professional engineering and related services hereunder. The Consultant shall not be required to employ any subconsultants who are unacceptable to the City. The standard of Gaze for all professional engineering and related services performed or furnished by the Consultant under this Agreement will be the Gaze and skill ordinarily used by members of the Consultant's profession, practicing under similar conditions at the same time and in the same locality. The Consultant makes no warranties, expressed or implied, under this Agreement or otherwise, in connection with the Consultant's services. ARTICLE II SCOPE OF SERVICES TO BE PROVIDED BY THE CONSULTANT The Consultant will perform or furnish the necessary professional engineering and related services to enable the Owner to receive bids and awazd a construction contract for the Project and for the construction phase as stipulated herein. The Consultant agrees to perform the following services: 1" .. .T n li' 1 ' ~ " ? 1. Update the Survey. This item includes the update of the survey due to numerous changes in topography (new buildings, driveways, parking areas, curb and gutters sections, signs, etc.) since the survey was obtained that was used as a basis for the Preliminary Plans. Some of the changes include: new buildings and driveways. 2. Update the design. This item includes the redesign of the roadway, driveways, and parking areas affected by these changes; modifications to the design to match roadway improvement projects designed by others both north and south of this project; modifications due to the construction of the flood protection levee by the Corps of Engineers; and modifications to comply with changes to the controlling APWA standards. 3. Construction Phase Services for NW Gateway. This item includes assistance during bidding, conducting one pre-bid meeting and one pre-construction meeting; preparation of addendum; printing and distribution of plan sets and bid documents to prospective bidders; attendance at the bid opening and preparation of bid tabs; recommendation of contract award; review of shop drawings, periodic visits to the construction site to observe progress of the work and consult with the City's construction inspector on progress; coordination with the City's construction inspector on interpretation of construction contract drawings; and upon completion of the work, revise the construction drawings to conform to the construction records (as-builts). Full-time construction inspection is not included in this item. ARTICLE III OWNER'S RESPONSIBILITIES The Owner shall do the following in a timely manner so as not to delay the services of the Consultant and shall bear all costs thereto: 1. Designate in writing a person to act as Owner's representative with respect to the services to be performed or famished by the Consultant under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to the Consultant's services for the Project. 2. Make available to the Consultant all existing records, maps, plans and other information possessed by Owner which are relevant to the Consultant in the completion of the work under this Agreement. 3. Provide all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, performance requirements, any budgetary limitations; and furnish copies of all standard forms, design standards and construction standards which Owner will require to be included in the Plans and Specifications. G:~ContractsW W ClitTview 3-0S.DOC 2 ~ .. , .T n 7r I ~ _ T 1' 4. Furnish to the Consultant, upon the request of the Consultant for performing the services, data prepared by or services of others, including without limitation explorations and tests of subsurface conditions at or contiguous to the site, drawings of physical conditions in or relating to existing surface or subsurface utilities or structures at or contiguous to the site, hydrographic surveys, environmental assessments, impact statements and other relevant environmental or cultural studies pertaining to the Project, the site and adjacent areas. 5. Furnish existing relevant property descriptions and zoning, deed and other land use restrictions. 6. Be responsible for, and instruct the Consultant to rely upon, the accuracy and completeness of all information furnished pursuant to this Article III Owner's Responsibilities. Consultant may use such data and information in performing or furnishing services under this Agreement, except to the extent Consultant knows, or in the exercise of reasonable diligence should know, of enrors or omissions in such data or information. 7. Arrange for access to and make all provisions for the Consultant to enter upon public and private property as required for Consultant to perform services under this Agreement. 8. Examine all alternate solutions, studies, reports, sketches, plans, specifications, proposals and other documents presented by the Consultant and render in writing decisions pertaining thereto. 9. Give prompt written notice to Consultant whenever Owner observes or otherwise becomes aware of any development that affects the Scope of Services or the Time Schedule of the Consultant in the performance or furnishing of the required services for the Project, or any defect or nonconformance in the Consultant's services or in the work of any Contractor. ~ b~ ARTICLE IV ,~~</~s TIME SCHEDULE 3~ The Consultant agrees to complete the work included in Items 1 through ~, inclusive, under Article II, Scope of Services, within 150 calendar days following receipt of a notice-to- proceed from the Owner. Item 5 will be performed in a timely manner as the construction work progresses. ARTICLE V COMPENSATION The Owner agrees to pay the Consultant the sum of (not to exceed) Thirty Two Thousand Five Hundred Dollars ($32,500.00) for completion of the services described in Items 1 through ~ ~I G:~Contracts~NW Cliffview 3-0S.DOC 3 Payment shall be made to the Consultant by the Owner within thirty (30) days after receipt of Consultant's invoice. If the Owner fails to make any payment due the Consultant within thirty (30) days after receipt of Consultant's invoice, the amounts due the Consultant will be increased at the rate of 1.5% per month from said thirtieth day. ARTICLE VI GENERAL PROVISIONS 1. Times for Rendering Services: The Consultant's services and compensation under this Agreement have been agreed to in anticipation of orderly and continuous progress of the Project through completion of the Design Phase and the Construction Phase. Specific periods of time for rendering services aze set forth in Article N, Time Schedule, in this Agreement, by which times defined services aze to be completed. If such periods of time aze changed through no fault of the Consultant, the rates and amounts of compensation provided for therein shall be subject to equitable adjustment. 2. Change in Scope: The Scope of the Work described in Article II, Scope of Services, shall be subject to modification or supplement upon the written agreement of the Owner and the Consultant. At the time of such modification of scope, equitable adjustments, agreeable to both parties, shall be made in the time of performance and the compensation to be paid for the services. 3. Use of Consultant's Plans. Specifications and Other Documents: The plans, specification, and other documents prepared by Consultant for this Project aze instruments of Consultant's service for use solely with respect to this Project and, unless otherwise provided, Consultant shall be deemed the author of these documents and shall retain all common law, statutory, and other reserved rights, including the copyright. Owner shall be permitted to retain copies, including reproducible copies, of Consultant's plans, specifications, and other documents and electronic data for information and reference in connection with Owner's use and occupancy of the Project. Consultant grants an irrevocable license to Owner to use plans, specifications, and other documents and electronic data furnished by Consultant for completion of the Project, in the event that Consultant is terminated for any reason, as well as for any additions, alterations, or other work to the Project. This license is for the benefit of Owner and its assigns and permits Owner to retain other engineers and other design professionals who may use the plans, specification, and other documents and electronic data for such purposes. Owner agrees to hold harmless and indemnify Consultant against all damages, claims, and losses, (including attorney's fees and defense costs) arising out of Owner's use of any such plans, specifications, or other documents for any other purpose without the written authorization of Consultant. 4. Codes and Standazd Compliance: Consultant shall respond in the final plans and specifications to applicable codes, ordinances, statutes, regulations, laws, and G:\ContractsW W Cliffview 3-OS.noc 4 ~. .. , .1 1 ~i ~. T other requirements imposed by governmental authorities having jurisdiction over the Project. Providing final plans and specifications shall constitute a representation by Consultant that Consultant has informed Owner of any tests, analyses, studies, reports, or consultant's services that are necessary or advisable to be performed or obtained by or for Owner as of that time. 5. Insurance: Consultant shall maintain, at Consultant's expense, the following insurance coverages and limits, without interruption or reduction below specified limits, from the date of commencement of services under this Agreement until final completion of all services under this Agreement (or for such longer period as may be specified below for specific coverage) and shall, prior to the commencement of services under this Agreement, provide Owner with copies of policies and Certificates of Insurance naming Owner, Mayor, Board of Alderman and City Administrator, as additional insured's on all required coverages (except professional liability and workers' compensation): a. PROFESSIONAL LIABILITY OR ERRORS AND OMISSIONS Each Occurrence $1,000,000.00 Annual Aggregate $1,000,000.00 Specific Project Excess Endorsement: Each Claim $1,000,000.00 Aggregate $1,000,000.00 Specific Project Excess Limits shall apply only to claims arising out of the Project and only in the event that the limits of Consultant's general professional liability or errors and omissions insurance have been exhausted by payments either for the Project or for any other covered claim. The professional liability or errors and omissions insurance shall not have a deductible greater than $50,000.00 and shall be maintained in full force and effect for a period of two years following substantial completion, if such coverage is reasonably available at commercially affordable premiums. For the purpose of this Agreement "reasonably available" and "commercially affordable" shall mean that more than half of the engineers practicing in Missouri in this discipline are able to obtain such coverage. Any retroactive date or prior acts exclusion to which the coverage is subject shall predate both the commencement of services under this Agreement and the date of this Agreement. b. COMMERCIAL GENERAL LIABILITY Each Occurrence $1,000,000.00 Products/Completed Operations Aggregate $1,000,000.00 Annual Aggregate $2,000,000.00 G:~ContractsW W Clit£view 3-OS.DOC 5 ~. .. , .1 n 3f ~ . . T I Each policy shall include the following coverages: blanket contractual liability, products/completed operations, personaUadvertising injury, broad form property damage, independent contractors, explosion, collapse, and underground damage. G:~ContractsW W Clillview 3-0S.noc 6 c. AUTOMOBILE LIABILITY The policy shall protect Consultant and Owner against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non-owned vehicle and must include protection for any auto or all owned autos, hired autos and non-owned autos. Limits: Each accident, combined single limits, bodily injury and property damage: $1,000,000.00. d. WORKERS' COMPENSATION This insurance shall protect Consultant against all claims under applicable state Workers' Compensation laws. Consultant and Owner also shall be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. The policy limits shall be not less than the following: Workers' Compensation Employer's Liability Bodily Injury by accident Bodily Injury by disease Bodily Injury by disease Statutory $500,000.00 each accident $500,000.00 policy $100,000.00 each employee All insurance shall be maintained with an insurer acceptable to Owner and having a minimum financial rating not lower than "B+XI" in Best's Insurance Guide, latest edition. All insurance shall be written on an occurrence basis, except for the Professional Liability coverage, which may be on a claims-made basis. All policies and Certificates of Insurance shall expressly provide no less than 30 days prior written notice to Owner in the event of cancellation, expiration, non- renewal, or material alteration of coverage contained in the policy or evidenced by such Certificate of Insurance. The Owner shall list the Consultant as an additional insured on any builder's risk insurance policies carried by Owner which are applicable to the Project. The Owner shall require the Contractors to purchase and maintain general liability and other insurance as specified in the Contract Documents and to list the Consultant as an additional insured with respect to liability and builder's risk insurance purchased and maintained by the Contractors. All policies of builder's risk insurance shall contain provisions to the effect that the Consultant's interests are covered and that, in the event of payment of loss or damage, the insurers will have no rights of recovery against any of the insured or additional insured thereunder. 6. Tennination: This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. G:~CanlnclsUJW ClillYiew 3-OS.DGC ,1 r .. , .1 ~ ~r T ,.. This Agreement also may be terminated by Owner upon seven days' written notice, without regazd to any fault of failure to perform by any party, and solely for Owner's convenience. In the event of such termination, Consultant shall be paid for services performed prior to termination and, in addition, shall be reimbursed for expenses that are directly attributable to ternunation, and Owner shall have no further liability for compensation, expenses, or fees to Consultant. In the event of any termination of this Agreement, Consultant consents to Owner's selection of other engineers or other design professionals of Owner's choice to assist Owner in any way in completing the Project. Consultant further agrees to cooperate and provide any information requested by Owner in connection with completion of the Project, including partially completed designs, plans, and specifications prepazed under this Agreement. Any services provided by Consultant that are requested by Owner after termination shall be compensated by Owner in accordance with Consultant's standard billing rates. 7. Controlline Law: This Agreement is to be governed by the law of Missouri 8. Indemnification: The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold the Owner harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the Consultant's negligent acts, errors or omissions in the performance of professional services under this Agreement and those of his or her subconsultants or anyone for whom the Consultant is legally liable. The Owner agrees, to the fullest extent permitted by law, to indemnify and hold the Consultant harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the Owner's negligent acts, errors or omissions and those of his or her contractors, subcontractors or consultants or anyone for whom the Owner is legally liable, and arising from the Project that is the subject of this Agreement. Neither the Consultant nor the Owner is not obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. 9. Dispute Resolution: In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Owner and the Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation conducted in accordance with the Construction Industry Mediation Rules of the American Arbitration Association cur'ently in effect, unless the parties mutually agree otherwise. The Owner and the Consultant further agree to include a similaz mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similaz mediation provision in all agreements with subcontractors, G:~ContractsW W Cliti'view 3-0S.DOC 8 r .. , .1 n ~r , _ 7 ,.. subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. In the event of litigation between Owner and Consultant concerning the Project or this Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees, costs, and expenses from the other party arising from such litigation. 10. Severability: Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the Owner and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 11. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears on the signature page to this Agreement (as modified in writing from time to time by such party) and given personally, by registered or certified mail, return receipt requested, by facsimile or by a nationally recognized overnight courier service. All notices shall be effective upon the date of receipt. 12. Successors and Assilms: The Owner and Consultant each is hereby bound and the partners, successors, executors, administrators, legal representatives and assigns of Owner and Consultant are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, legal representatives and assigns of such other party in respect of all covenants and obligations of this Agreement. Neither the Owner nor the Consultant may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing in this Agreement shall be construed to create, impose or give rise to any duty owed by the Consultant to any Contractor, subcontractor, supplier, other person or entity, or to any surety for or employee of any of them, or give any rights in or benefits under this Agreement to anyone other than the Owner and the Consultant. G:~ConhactsWW Cliflview 3-OS.DOC 9 r .. , .1 ¶ if i ~ ~ _ 7 t, IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date first above written. OWNER: By: Title: U A Ci y Clerk CONSULTANT: OLSSON CI S By: ~--_____ Titles , ' Address for giving notices: Olsson Associates 616 NW Platte Valley Drive Riverside. Missouri 64150 10 ~ ~ 'T n 'it' T 1,