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HomeMy WebLinkAbout2005-106 - Extension of Service Agreement with Aylett-Flowers Surveying and Engineering Co.' '~~ '', ' ~ BILL NO.2005-106 ORDINANCE N0.2005-106 AN ORDINANCE AUTHORIZING THE CITY OF RIVERSIDE TO ENTER INTO AN EXTENSION TO A SERVICES AGREEMENT WITH, AND PAY CERTAIN FUNDS TO, AYLETT-FLOWERS SURVEYING AND ENGINEERING CO. WHEREAS, Aylett-Flowers Surveying & Engineering Co. ("Service Provider") is an individual desiring to provide services, including survey services (the "Services") to the City. WHEREAS, the City finds that the continuation of the provision of the Services is a public purpose and the City has the capability and desire to retain Service Provider for the provision of such Services to the City. NOW, THEREFORE, BE IT ORDAINED, by the Board of Aldermen of Riverside, Missouri, as follows: Section 1. The City finds that the provision of the Services contributes to the welfare of the City as well as the economic and social potential of the City and its residents, that the Services are important to the welfare of the City and that the provision of funds to assist in providing such Services are for a public purpose. Section 2. The City of Riverside shall pay to the Service Provider the sum of Five Thousand Two Hundred Fifty Dollars ($5,250) for the provision of Services to the City, pursuant to the Services Agreement, in substantially the form attached as Exhibit A, which is hereby approved. Section 3. The Mayor and City Clerk are authorized and directed to execute the Services Agreement, execution of such document and this Ordinance being conclusive proof of such approval. The City Administrator is authorized and directed to perform all acts necessary or desirable to effectuate the intent of this Ordinance. Section 4. 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 5. This ordinance shall take effect immediately. ADOPTED AND PASSED THIS~AY OF ~~~%~Z~~2005. MAYOR PRO TEM RAY BEARD ATTEST: CLERK r. ... .i ~ i¶ i i T .. ~ ~. . , Pro~7gQ/ fOr Task 1- Iaae Cheek Connector Trail A project in Cify of Riverside, PfatFe Cam1y, Missouri David Blackburn, City Administrator City of Riverside 2950 N.W. Vivion Road Riverside, MO 64150 Phone: 816-741-3993 Fax: 816-746-8349 P-~~~d by .~yCett, g'Ccrwers Survey & Engineering Company landSurveying - L'a~Planning - Czval2~'ngineering zol.~U.'7Y. 7~.Street, ~la~lstone, .~fissoacri 6¢I18 PFione (816J 43d =0732 -.~~ ~816J 43-0767 October 7, 2005 10/25/2005 13:46 8164360767 AYLETT FLOWERSSURVEY PAGE 04 ' ~. •Line Creek Cannella Trail" ' Cfly or Riverside October 1, 2005 R: - .~ topographic shots. sPECIFIC Excess 1. Printing or plotting 2. Any Land Planning services; 3. Any Engineering services; a. Any services not spec'd'ically included above; 5. Attend~arree at hearing of C5y Boards or commissions; 6. Construction staking for any proposed improvements; 7. Geo-technical Investigation, reports, recommendations and field staking of boring locations; 8. Wetlands assessment and/or wetlands mitigation plan; RDS NE FF P IS UT R M Drawings, sketches, Held boo field notes, ale r , computer t"~tes and other similardocuments are instruments ,and as:,tx!h, shall remain the property o Survey 8 Engineering Cam i ution of electronic media In Q . any format (i.e., diskette, G.D. ore-mail) as m , ' e sole discretion oiAylett, Flowers Survey & Engineering Company. All rights are re ectronic m at our sole discretion, determine media availability. If Ayl urvey & Engineering Company has to man e~'y~el~ectronic rr eciia from others ' rmat other than our own, irneolcirrg for such data marapulation will be bille~`a't•the•list ITEMS TO BE PROVIDE BY OWNER: 1. Location of and values for Levee Construction Datum; FEE~~OR SERVICES: This project will be billed an a T"Ime and A+taterial basis per the attached schedule of fees for profession al service outlined in the above agreement, eiaCEusive of expenses and supplemental services will be: TOTAL FEES will be billed on a time and material basis not to exceed S 5,250.00 These fees are e:~lus'!ve of expenses, supplemental services, unantloipated project delays, or major modifications to the project due to neighbofiood opposition, at the request of the reviewing agency, or at the request of the client after iniEial submittal of the plan. E~ENSES: Printing expenses for small format printing will be billed at cost plus 10%. Printing expenses for large f~nnat printing, such as plats and exhibits, incurred during performance of!the work, will be billed according to the following schedule: Paper Prints -0.50 per sq. ft. Vellum -$!1.50 per sq. ft. NAytar -3}2.50 per sq. ft Color Exhibits -31<t.00 per sq. ft. Prints used for in-house use, soh asqualily Cpntrol reviews, WIN not the bitted. Additional copies reque: tad by the client, in e~acess of those listed `ut the Scope of Serufces, will be frilled at the rates listed above. Additional expenses, including delivery services, out-of-pocket expenses, such as obtaining research m,3te~rials and record documents, overnight mailings, large, bulk mailings such as meeting notificatbns and advis)fN:s to adjacent ownerships, transportation outside the local area at the rate of $0.60 per mile, rental of specialzed equipment and services authorized to be performed by specialized sub-consu-tants, will be billed at ccst plus 10%. SUPPLEME TAL SeitVECE3: Should supplemental services be requested through or from Aylett, Flowers Survey 8 Engineering Cornpany, they will be considered as sexlra$..8illing of ~s can.be accomplished in either of two methods. If the additional work consists of acne-time orshort term (asks arrd has the potential for having a significant eKh~rse effect on the project schedule, the add~ional senr~es can be suthorixed through written authorization fibrn the ~aaa: aaQe z a s 10/25/2005 13:46 8164360767 AYLETT FLOWERSSURVEY PAGE 05 ~1 'Line Creek Connecter Trail" city of ttlvers~de October 7, 2005 ~s Owner, and will be billed as an hourly extra in accordance with the attached rate schedule. If the additional services will be on-going and the~schedule for pertol'ming such services wit! not adversely affect the project schedule, with written or verbal request of the Owner, Aylett, Flowers Survey & Engineering Company will submit a supplemental proposal to address the performance of the additional work. Aylett, Flowers Survey f;< Engineering Company reserves the right~to requestwritten authorization prior to performing any suppleme~ttrl services, If requested, not cation in writing will be provided to the pwner when supplemental services errs requested by the Owner or others. Coordination between Aylett, Flowers Survey & Engineering Company and other project consultants, sub-consultants, utility providers andlor others participating in the project, exclusive c>f the Owner, are limited to the transference of information to minimize conflicts, Coordination in excess of those requirements will be considered supplemental services and the notification, pricing and billing stipulations described above will take effect. GENERAL PROVISIONS[ Services pertormed by Aylett, Flowers Survey & Engineering Company under this agreementwill be condu:ted in a manner consistent with the level of care, diligence and skill ordinar'My possessed and exercised by mem oars of the profession currently pracClc:ing in the same locality under similar t;onditions. IMPLIED WARRANTIES; OF MERCHANTABILII'YAND FRNESS FOR A PARTICULAR PURPO$EARESPECIFICALLYE.7CCLUDED. TYIe parties' rights, liabilities, responsibilities and remedies with respect to the Services, whether In contra~:t cr otherwise, shall be exclusively those expressly set forth in this Agreement. To the fullest extent permitted t>y law, Aylett, Flowers Survey 8 Engineering Company shall not, in ar~r event, be liable to the Client far arty Special, Indirect, incidental or consequential damages, including, buff not limited to, damages from drtlay, distribution, loss of product, loss of use, loss of profits or revenue or increased cast of operation, the cost of capital or the cost of purchased or replacement equipment, systems pr power and Aylett, Flowers Surv+y & Engineering Company's total liability to the Client for all claims, losses, damages and expenses resultir g or arising in any way from the performance of the Services shall not exceed the total compensation received lay Aylett, Flowers Survey & Engineering Company under this professional Agreement or the limits of any professional liability insurance maintained by Aylett, Flowers Survey & Engineering Company, whicheveris talcs. This Agreement shall be governed by and interpreted in accordance with the laws of Missouri. PAYMENT TERMS 8 CONDITIONS: Fees quoted herein shall remain In effect for 90 days from the date of this proposal, If this offer is accepiad after ninety days, we reserve the right to revise our fees and resubmit this proposal. Installment payments in accordance with the following schedule are required. ~ ~- ' ' The schedule bf payments shall be a5 fol ows: • An invoice for $ 5,250.00 will be billed upon completion of most fieldwork, and payable prierto release of the pigkal Base Map documents; • Aylett, Flowers Survey & Engineering Com parry reserves the r~ht to send monthly invoices for services incurred throughout the project, which are payable upon receipt; • Cancellation of this order must be made in writing, with delivery by U.S. Cert~ed Mail. Once this ~~rcler has been placed, the client is responsible for payment of all wbrk performed between the date <~f the order and the date we receive a cancellation request; • Aylett, Flowers Survey & Engineering Company reserves the right to suspend all work on the project until any outstanding invoices are current. At our option, we may charge a 2% monthly service cl large on any outstanding balance m ore than thirty day's delinquent. A charge of 24°~ will be added tc u tp.aid balances on accounts turned over for collection; Fecs qucted herein are based upon timely payment for work completed. Account delinquency of more than 30 days may result in termination of progress on the project. Payment of arrears will re-insta~ the account and work will resume, however original schedules artd deadlines cannot be guaranteed. Failure to make payment may result In a mechanic's lien being placed on the subject properties ~~vhich are the subject of this contract pursuant to Chapter 429 RSMO. :w~ Page 3 of !3 ' ., ' "Line Creek Connector Trail' . .• City of Riverside October 7, 2005 "Authorization To Proceed With Professional Services" Your signature below will serve as written author¢ation of your verbal instructions for Aylett, Flowers Survey & Engineering Company to proceed with the above-described services. Please sign both authorization forms. Please return one signed copy to our office, and retain one for your files. Please perform the professional services as outline in the above agreement. If no method for obtaining title work is chosen by the client, Aylett, Flowers will automatically order a title report on your behalf at a company of our choice. You will be invoiced, at cost plus 10%, by Aylett, Flowers. All terms and conditions of the above estimate agreed to this 1 8 th day of October , 2005. Accepted by: (please print) R,a~v Beard , Mavor Pro T m Accepted by: (signature) ,GSu. ~~ Title: Mayor Pro Tem Mailing Address: City of Riverside (If P.O. t3ox, please add a physical street oddness) 2950 NW Vivion Road Riv_rcid ' Mo 64150 Phone Number: 81 6-741-3993 M:IPROPOSALS12005 Proposals105-142 -Line Creek Connector Trail.doc Page 5 of 5 _. .~ ~ I~I